1) DEFINITION AND PURPOSE OF THE AGREEMENT
This agreement is a remote agreement pursuant to art 50 and subsequent amendments Of the Italian Legislative Decree no. 206 dated 6 September 2005 (“Consumer Code”) and amended by Italian Legislative Decree no. 21 dated 21 February 2014. This contract concerns the sale of movable assets between Il Re del Guanto with headquarters in Strada Fontana di Polo 1/S (TR) – VAT/TAX no. 01584450553 (seller/professional) and the client who signs in the website (buyer/consumer).
This contract is concluded through the acceptance of the seller of a purchase proposal from the buyer, who accepts the following terms and conditions of sale through “www.redelguanto.it”.
2) REGISTRATION AND BROWSING
The buyer decides autonomously whether to register to www.redelguanto.it, given that registration in mandatory to make a purchase. The data the buyer provides (especially contact details) are used exclusively to enter into the online agreement and ship the goods in an affordable and fast way.
Clients who forget the password and/or username must follow the procedure indicated in the website or ask the seller to provide new details as soon as possible.
The seller declines any responsibility for faulty or irregular operation of the website due to unforeseeable circumstances, force majeure, and in particular to an irregular transmission of data, providers, and payment system operators.
The seller undertakes to update the description of the photographed goods through www.redelguanto.it. However, small discrepancies may exist between the real product and the photos, which are not a contractual element, but are purely representative. In particular, shades of colours may appear differently from the image acquisition devices or the devices through which the client receives the images.
The prices of the products shown in the website include the VAT should the product be subject to such tax in various percentages. Publishing products that fall within art. 74 of the Italian Presidential Decree 633/1972 (VAT paid upstream by the publisher, telephone operators, monopolies, etc.) or non-taxable goods, excluded or exempt from the tax legislation in force in various ways, do not include the VAT.
An invoice is issued after every transaction and sent to the buyer via email.
4) PAYMENT AND REIMBURSEMENT METHODS
The products bought off www.redelguanto.it can be paid in the following ways:
- Advance bank transfer using the following details
- PAYPAL, via credit card, prepaid card, or through the client’s PayPal account (rechargeable via bank transfer or credit/prepaid card). PayPal does not involve any additional cost for the Client who can register to the PayPal website and open an account by clicking here.
The seller will reimburse the client via bank transfer or PayPal. In case of bank transfer, the seller will send an email requesting the client’s bank details (IBAN for Italian clients and IBAN + SWIFT for international ones). In case of withdrawal, these bank details will be added to the withdrawal communication.
As soon as the seller receives the payment, they will entrust the shipment of the goods to DHL. Deliveries are made at the address indicated in the purchase procedure. The buyer is solely responsible for the correctness, truthfulness and existence of the address provided, with the exclusion of any type of control from the seller. Deliveries are made from Monday to Friday (Saturday and public holidays are excluded). Deliveries are usually made within 3 working days from the moment the seller hands over the goods to DHL. The shipment is complete as soon as the product is delivered to the client at the address indicated in the order (home, company, P.O. box, or post restante) The buyer can track the shipment by consulting https://www.dhl.it/it/express/ricerca.html. In case of delays or inability to deliver due to force majeure or third parties (that is not the courier), the seller will inform the buyer about it but cannot be held responsible for these events. Undelivered goods (the addressee is not present/unknown or the address is incorrect or incomplete) will be stored at the DHL facilities of destination for 10 days, during which the buyer can request a second delivery free of charge. After this period, the goods will be sent back to the seller and the contract will be terminated (art. 1456 of the Italian Civil Code). In this case, the seller will reimburse the client net of shipping costs, including costs for storing the goods and returning them to the seller.
Buyers can also opt to collect the goods at the sellers premises or via their representative or courier of their choice, only upon agreeing the times and methods and releasing the seller from any risk or transport cost.
6) CLIENT OBLIGATIONS
The client must read these terms and conditions of sale and accept them in whole, provide the seller with correct and truthful data, inform the seller about any variation of address, contact, and anything that may help the contract be completed quickly and free from logistics-related problems.
As soon as the goods are received, the client must report any signs of tampering, damage, or missing goods. This situation must be written on the delivery note, which must be signed by the client and be communicated to the seller via registered letter with return receipt, email, fax, or telephone (contact details are indicated in section).
7) RIGHT OF WITHDRAWAL AND TERMINATION
The client has the right to withdraw from the contract without any penalty and without stating the reasons within 14 days from when the products were received. The client can exercise this right by informing the seller in writing, including the following data:
- general information of the client indicated in the website;
- identification of the product (or various products included in the contract);
- date of the order and payment method;
- date and delivery place of the shipment;
- IBAN to be used for the reimbursement (or PayPal account);
- communication date of the withdrawal;
- signature of the buyer
The withdrawal communication can be sent via registered letter with return receipt, fax, or email to the addresses indicated in section 8).
Moreover, the client must return the goods to the seller within 14 days from the date of withdrawal. The client is responsible for the transport of the goods, which must include the packaging, to exercise the right of withdrawal. The returned goods must be intact, in their original packaging, and complete with all the accessories and documentation.
The seller will reimburse the client of the amount paid for the goods and shipment (except for the costs relative to ancillary services required by the client), within 14 days from when the withdrawal communication is received, provided that the goods were received for replacement purposes. Otherwise, the seller reserves the right to reimburse the client after having received the goods, in order to check the conditions. Pursuant to art. 56 of the Italian Legislative Decree 21/2014, the client is responsible for the decrease in value resulting from tampering with the goods for purposes other than for assessing their nature, characteristics, and operation.
In compliance with art. 128 and subsequent amendments of the Consumer Code (Italian Legislative Decree 205/2006), the seller is responsible for any lack of conformity of the goods for 2 years from the delivery, during which the client has the right to have the goods repaired or replaced free of charge. Should these solutions be impossible or too expensive to implement, or should the seller fail to repair or replace the goods within an acceptable period, or should previous replacements or repairs have caused significant discomfort to the client, the latter may ask for a discount or termination of the contract. The use of the goods is taken into consideration in the event of price reduction or reimbursement following the contract termination. To obtain this guarantee, the client must report the defect within 2 months from the detection of the defect and immediately to the courier should the goods be visibly damaged, tampered, or incomplete upon delivery (see section 6). The report must include the following:
- general information of the client indicated in the website;
- identification of the product (or various products with conformity defects);
- type of defect detected (in detail);
- request for repair or replacement;
- date of purchase and delivery of the goods;
- date in which the non-conformity was detected;
- signature of the client
Moreover, the client has the right to terminate the contract when the seller fails to deliver the goods within 30 days from the date the contract is closed and the subsequent mandatory date asked by the client (art. 61 of Italian Legislative Decree 21/2014).
8) FINAL PROVISIONS
The contact details for any type of request or for sending information, complaints, withdrawal declaration, and other duties set forth in the regulation, are the following:
Il Re Del Guanto di Massari Riccardo
Strada Fontana di Polo 1/S Terni (05100)
These terms and conditions of sale are governed by the Italian law. Any dispute that cannot be solved amicably will be settled by the Court of Terni, which has exclusive jurisdiction.
Prices are tax included