TERMS AND CONDITIONS OF SALE

 

These terms and conditions govern the sale of products on the storeeclissi.com website and regulate their use. The Seller reserves the right to periodically modify these Terms and Conditions of sale and the Privacy Policy. The aforementioned changes will be made known to Users via the Site with a specific notice and for a duration of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the rules of the Consumer Code Legislative Decree. n.206/2005 and the Electronic Commerce Code Legislative Decree. n. 70/2003. The Site's online shop is hosted by shopify which provides the online e-commerce platform that allows you to sell the Seller's products. Below are the Terms and Conditions of sale applicable to any Product sold on the Site.

 

ART. 1 DEFINITIONS

For the purposes of this contract, it means:

Seller : ECLISSI based in Solofra (AV) 83029, Via Municipio prima traversa email: info.eclissistore@gmail.com

Terms and conditions or Contract : the set of these contractual clauses that determine and define the relationships between the Seller and the Customer.

Site: the storeeclissi.com site

Users: any person who accesses the Site and continues browsing

Customer: any person who purchases the products sold through the Site.

Consumer: the natural person who acts for purposes unrelated to a professional activity

or entrepreneurial.

Products : retail sale, under the Electronic Commerce regime, mainly of clothing, fashion accessories, leather accessories.

Purchase order or Order: the purchase proposal made by the User through the Site procedures and in particular through the Cart.

Purchase : the onerous purchase of the above products from the day of the conclusion of the purchase.

Cart: the phase of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and similar.

Electronic Commerce: particular method of commerce, regulated in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract remotely thanks to information society services without their physical and simultaneous presence. Given the distance, the delivery of the products is not contextual and usually takes place via shipment via third-party operators (couriers/shippers).

 

ART. 2 OBJECT

These Terms and Conditions of sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who makes, as a Consumer in accordance with current regulations, a purchase on the Site. If one of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these Terms and Conditions.

 

ART. 3 DESCRIPTION OF THE PRODUCTS

The Site deals with retail sales, under the Electronic Commerce regime, mainly of clothing, fashion accessories, leather accessories, leather goods, for men and women. All the products offered are described and illustrated within the Site, in the respective sections. The images of the Products on the Site are for demonstrative and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site therefore do not constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular sales method, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant.

 

ART. 4 PRICES AND ACCESSORY COSTS

The prices of the Products are displayed in euros. In particular, the following will be shown in detail in the cart:

- the price of the Product

- any other costs, taxes, if due

- delivery costs

- the supplement in case of cash on delivery

The prices of the online shop may vary.

In such cases, the prices published at the time of the Order on the online store are considered.

 

ART. 5 REGISTRATION

In order to be able to make purchases at the Site Store, the User will be able to make a specific registration, through which they can enter their personal data and specify their gender. In the case of registration, when entering the data the User guarantees to:

- be of age and legally capable;

- meet the registration requirements requested at the time of registration;

- observe all legal and contractual regulations applicable to these Terms and Conditions;

- be the legitimate owner of the data entered, to be considered true, correct and updated.

Registration coincides with opening an account. In their reserved area, among other things, the User will be able to enter and modify the shipping address, view the order history, the return history, and any vouchers. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. In this case you will be asked to leave the information strictly necessary for the purchase and delivery of the Products. It is forbidden to use temporary emails for registration. All data transmitted will be treated with the utmost respect for the legislation on the protection of privacy. The Seller will use them exclusively to complete the Orders and only in the event that explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.

 

ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User will be able to purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures provided on the Site itself. When purchasing the Products, the Customer must follow all the instructions contained in the specific page of the Site. To purchase the Products, the Customer must complete and send the Purchase Order form in electronic format to the Seller, following all the instructions. contained on the specific page of the Site. You will find a summary of the main commercial conditions, including the price, means of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must place the Product he wishes to purchase in the appropriate "Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy , you will need to select the desired payment method and proceed with the payment.

The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer via an email, sent to the email address communicated when placing the Order. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or which involve the delivery of the Products ordered in some disadvantaged geographical areas. The Seller will inform the Customer of any impossibility to accept the orders received in the shortest possible time starting from the moment in which the Customer sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the non-acceptance, even partial, of an Order by the Seller.

 

ART. 7 PAYMENT METHODS

The payment methods available on the Site are as follows:

1) Credit or debit card

If the Customer chooses to pay by credit card, the amount is charged directly to the card (Visa, Visa Electron, MasterCard). Customer information is confidential as no financial information is saved. A confirmation email will be sent for each transaction performed.

ART. 8 ORDER PROCESSING, SHIPPING TIMES AND DELIVERY OF THE PRODUCT

The Order is usually processed within 48 hours of receipt of the same, unless specifically indicated on some products to be made on commission and which are indicated on the site. The Seller will deliver the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. Products shipped to Italy are approximately delivered within 1-3 working days except for disadvantaged areas, islands, public holidays and national holidays. The delivery terms indicated above are purely indicative and non-essential. Any variation to the above will be promptly communicated via e-mail to the Customer.

The cost of shipments may be free for orders exceeding certain thresholds indicated by the Seller on the website.

When the package is shipped, the tracking number will be sent via email which will allow you to follow the entire shipment route by going to the carrier's website. The Customer must check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product arrives that has been damaged during transport or is different from the one ordered, the Customer must carefully document with photographs the stages of unpacking the goods, so as to be able to demonstrate any damage or the incorrect Product. The Customer may request a replacement from the Seller via email and the Seller will resend the correct product or refund the price and collect the product to be replaced or collected from the Customer's home at his expense. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including transport documents.

 

ART. 9 RIGHT OF WITHDRAWAL

All purchases made by the Consumer Customer on the Site are covered by the guarantee of the right of withdrawal, which gives the possibility of returning, for any reason, the purchased product and obtaining a refund of the expense incurred. To exercise this right within 14 working days from the date of delivery of the goods it is sufficient to communicate to the Seller that you wish to withdraw in whole or in part from the purchase through any explicit declaration to this effect such as for example by e-mail or form prepared by the Seller . The Seller will collect the product from the Customer's home in Italy. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including transport documents. Upon receipt of the goods, once the integrity of the returned Product has been verified, the Seller will refund the price. The supplement paid for purchases with cash on delivery is excluded from the refund.

Without prejudice to the above, please note that the Customer is responsible for the decrease in the value of the Products resulting from handling of the goods other than that necessary to establish their nature, characteristics and functioning.

The Customer acknowledges and expressly accepts that:

- the right of withdrawal does not apply to products received more than 15 working days ago.

- the right of withdrawal cannot be exercised if the purchased products have been used, even partially assembled, or the packaging has been modified as it must be resealed exactly as received. In this case the Customer will be required to pay the costs for returning the non-compliant goods.

ART. 10 LEGAL WARRANTY

The Consumer Customer, in the event of receipt of non-compliant or defective Products, has the right to the legal guarantee of 24 (twenty-four) months. In the event of receipt of non-compliant or defective Products, the Customer must communicate this via e-mail to the Seller within 2 months of discovering the lack of conformity, attaching a photograph certifying the defects found. The Consumer has the right to have the conformity of the goods restored, without charge, through repair or replacement, or to an adequate reduction in the price unless the requested remedy is objectively impossible or excessively onerous compared to the other.

One of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on the Seller in comparison to the other, taking into account:

1. a) the value that the good would have if there were no lack of conformity;
2. b) the extent of the lack of conformity;
3. c) the possibility that the alternative remedy can be used without significant inconvenience for the Consumer.

The Consumer may request, at his/her choice, an appropriate price reduction or termination of the contract where one of the following situations occurs:

1. a) repair and replacement are impossible or excessively expensive;
2. b) the seller has not repaired or replaced the goods within the appropriate period;
3. c) the replacement or repair previously carried out has caused significant inconvenience to the Consumer.

When determining the amount of the reduction or the sum to be returned, the use of the asset is taken into account.

After reporting the lack of conformity, the seller may offer the Consumer any other available remedy, with the following effects:

1. a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the starting date of the appropriate deadline, unless the consumer accepts the proposed alternative remedy;
2. b) if the consumer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy.

A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of repair or replacement does not give the right to terminate the contract.

 

ART. 11 CONVENTIONAL WARRANTY

Within 14 days of delivery, the Customer can decide to replace the product or be refunded. After receiving the Customer's notification, in the event of a replacement request, the availability of the ordered product will be checked and its replacement will be carried out. If this is not possible, because the product is no longer available, the Customer will be able to choose whether to replace it with equivalent products or request a refund of the amount paid. In this case, the Seller will collect the product to be replaced from the Customer's home and at his expense and will send back the correct product. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including transport documents. The refund will be made using the same payment methods chosen by the Customer.

 

ART. 12 FORCE MAJEURE

The Seller assumes no responsibility for disservices attributable to force majeure which prevented, in whole or in part, from executing the contract within the expected timeframe. The Seller is not responsible towards the Customers for any damages, losses and costs suffered as a result of failure or delayed execution of the contract, the Customer having the right only to a refund of the price paid.

In case of force majeure, the execution of the Order will be suspended. This suspension may last for a maximum period of 1 month, after which the Order will be considered automatically cancelled.

 

ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), the trademark, the domain name, the photographs and all intellectual and industrial property rights relating thereto, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed in any case to the Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit to other websites, transfer or otherwise make available to third parties for any reason or in any case use for purposes other than storing and/or consulting the Sites and /or the Contents of the Site, without the prior express and formal approval of the Seller.

 

ART. 14 FAILURE TO EXERCISE A RIGHT

Failure to exercise a right by the Seller does not represent any waiver of taking action against the Customer or against third parties for the violation of undertaken commitments. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.

 

ART. 15 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be processed based on the principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes the Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of the Personal Data. The Processing is carried out using IT and/or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. The User's Data is collected for the execution of pre-contractual measures; to fulfill the obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing the Products; to follow up on specific requests addressed to the Owner by the User; for sending information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications regarding the Products purchased without the need for the User's express and prior consent, as required by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree. n.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required.

 

ART. 16 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are entirely governed by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and resolution between the contracts stipulated online by the Consumer Customer with the Seller will be the exclusive jurisdiction of the Court of the judge of the Consumer's place of residence (so-called consumer court).

 

ART. 17 DISPUTE RESOLUTION

According to article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).

Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the European Union ODR platform. For more information contact the Seller.

 

ART.18 COMMUNICATIONS

For further information of any kind you can contact the Seller at the following addresses: info.eclissistore@gmail.com

 

Pursuant to the articles. 1341 and 1342 cc, the Customer declares to have carefully read and to accept all the clauses of these Terms and Conditions of sale and in particular those of articles 6, 9, 10, 12, 13 and 16.

 

EUROPEAN DISPUTE RESOLUTION PROCEDURES

European legislation has required that all online stores include the following link to the European Commission's online dispute resolution platform: http://ec.europa.eu/consumers/odr/ .

ECLISSI is not a member of any other alternative dispute resolution body and does not agree to use them to directly resolve problems arising with customers (info.eclissistore@gmail.com).