TERMS & CONDITIONS

Terms of Use and General Terms and Conditions of Sale

Published on 12 January 2024

The website www.thesummerlabswim.com/ ("Site") is owned by Aída Belenguer Santamaría with registered office in Calle Mendoza 1, pta. 3. CP 46001 VALENCIA Vat: ES44875704J, info@thesummerlabswim.com

Customer Service

Any information, support, request or complaint can be forwarded:

  • by e-mail to info@thesummerlabswim.com
  • via WhatsApp at +34 669 61 45 84

 

Frequently asked questions


For Frequently Asked Questions (FAQs) we recommend visiting our page: FAQ

 

Terms of Use of our Website

 

  1. USE OF THE SITE

 

By using and/or placing orders through the Site, you agree:

 

  1. to use the website exclusively for lawful activities;
  2. not to place false or fraudulent orders; if there are plausible reasons to believe that these are orders of this nature, the Seller reserves the right to cancel the order and inform the competent authorities;
  3. provide your email address, postal address and/or other contact details correctly and truthfully. Likewise, the user consents to the use of this information to execute the order (Privacy Policy).

 

If you do not provide the information in full, it will not be possible to process your order.

 

By placing an order through this Site, you warrant that you are at least 16 years of age and have the legal capacity to enter into binding contracts.

 

The Seller is not responsible for any inconvenience or damage resulting from the use of the Internet, including interruption of service, external intrusion or the presence of viruses or any other incident of force majeure.

 

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY

 

The domain name of the Site is the property of the Seller. The Site and its elements are the exclusive property of the Seller and/or the respective owners of intellectual property rights and/or copyrights on the same.

The Site as a whole, as well as its individual elements (photographs, texts, videos, logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Copyright Law. Any total or partial reproduction, downloading, modification or use of the trademark, videos, logo, and any other element present on this site, for any reason and on any medium, is strictly prohibited without the prior written consent of the Site Vendor or the respective owners.

 

General Terms and Conditions of Sale

PREMISE

 

These general terms and conditions of sale (hereinafter "General Terms and Conditions of Sale") govern the contractual relationship between the Seller and the Customer, concerning the purchase of the items marketed by the Seller through the Site and are made available to users in such a way that they are allowed to store and reproduce.

The premises and Terms of Use of our Website are an integral part of these General Terms and Conditions of Sale.

Please read them carefully and print them out and/or save them on another accessible durable medium. We also ask you to carefully consult the Privacy Policy and the Cookie Policy.

The Seller undertakes to make these documents available and up-to-date at all times. They may be modified or updated at any time by the Seller and the user undertakes to read them before placing any order.

 

  1. DEFINITIONS

1.1. "Contract" means the distance sale contract, i.e. the legal transaction having as its object the tangible movable goods marketed by the Site, carried out at a distance between the Seller and an end user, within the framework of a distance sales system organized by the Seller that uses exclusively the Internet as a distance communication technology.

The distance contract is governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code"), when it involves a consumer, and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce.

 

1.2. The term "Customer" or "Buyer" means the consumer as a natural person, who is at least 16 years old, and who executes an order for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity that may be carried out by him.

The Seller reserves the right not to process orders received from users who are not defined as "Customers".

 

1.3. The expression "Order" means the purchase proposal that the User sends to the Seller of the Site, completing the order procedure described.

 

1.4. The term "Products" refers to the tangible movable property that is purchased and sold on this Site.


1.5. The expression "Shopping Cart" refers to the final phase of the purchase procedure in which the User submits his/her purchase proposal by selecting the method of payment, shipping and other options available.  

  1. AVAILABILITY OF THE SERVICE

2.1. The Seller reserves the right, in any case, not to accept orders, from anyone coming from, that are anomalous in relation to the quantity or frequency of purchases made on the site. The Seller also reserves the right not to accept orders from a) users  with whom there is an ongoing legal dispute; b) users involved in fraud related to credit card payments; c) users who have provided identification data that later turn out to be false, incomplete or inaccurate.  

  1. SCOPE

3.1. These General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The applicable General Terms and Conditions of Sale are those in force on the date on which the purchase order is sent.

 

3.2. These General Terms and Conditions of Sale do not regulate the sale of products or the provision of services made by third parties who use direct links to the Site through banners or other hypertext links/links. On the websites that can be consulted through these links, the Seller does not carry out any type of control/monitoring. Therefore, under no circumstances can the Seller be held liable for the goods or services promised by third parties or for the execution of transactions between customers of the Site and third parties.

 

3.3. These General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication in the "General Terms and Conditions of Sale" section of the Site. For this reason, users are invited to consult, before placing any order, the most up-to-date version of the General Terms and Conditions of Sale. The General Terms and Conditions of Sale applied are those in force on the date on which the purchase order is sent. The user is required to carefully read the most up-to-date version of these General Terms and Conditions of Sale, which he is allowed to store, reproduce and print on a durable medium, as well as all other information provided, before and during the purchase process.

 

  1. PROCEDURE FOR PLACING AN ORDER AND CONCLUDING A CONTRACT

4.1. The Seller informs you that the purchase process will take place as follows:

  • Registration: in order to conclude the purchase contract on the Site, the User may register on the Site by creating an account and entering the required information. By creating an account, you may choose to store certain information such as your email address, shipping/billing address, and order history. Account creation requires you to choose and store your username and password. You are responsible for the truthfulness and correctness of the data provided. At the time of entering the data, you guarantee that: (i) you comply with all applicable legal and contractual regulations, (ii) you are the legitimate Seller of the data entered, to be considered true, correct and up-to-date. Please note, however, that registration on the Site is not mandatory and the User may proceed to send the order as indicated below;
  • Placing the order: in order to place your order, you must select and add the products to the Shopping Cart, fill in the order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site. The procedure is available in Italian and English and can always be corrected, modified and cancelled, up to the time of sending the order.
  • Summary of the order: before placing the order, you can identify and correct any possible errors that may occur while filling in the fields and carefully read these General Terms and Conditions of Sale, of which you can print a copy using the print option in your browser, to keep a copy for your personal use;
  • Conclusion of the Contract: The Contract is deemed to be concluded when the order form arrives at the Seller's server and the information relating to the order has been preliminarily verified as correct. In case of payment by Bank Transfer, the contract will be deemed concluded when the Transfer is credited to the Seller's account;
  • Order confirmation: After placing the order, you will receive, at the email address indicated during registration, an email confirming receipt of the order by the Seller (the "Order Confirmation"), containing: the details of the Customer and the order, the essential characteristics of the goods purchased, a summary of the general and particular conditions applicable to the contract, the price of the goods purchased,  the chosen means of payment, the shipping costs, the applicable taxes and duties, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Client undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to the Seller at the email info@thesummerlabswim.com
  • Order Cancellation: The Customer can only cancel the order within 15 minutes of completing the purchase. The Seller may cancel the order in the cases referred to in point 4.3. and in cases where the Customer fails to pay the amounts due for the product and shipping costs, as further specified below.

4.2. By placing an order, the Client declares that he/she has read all the information provided to him/her during the purchase procedure and declares to fully accept these General Terms and Conditions of Sale. By placing the order, the Client expressly acknowledges that this implies the obligation to pay the price and other amounts due under these General Terms and Conditions of Sale and that the order cannot be modified or cancelled.

4.3. Orders are subject to the acceptance of the Seller who reserves the right, at its own discretion, to refuse the order, even in cases where:

  1. a) the order cannot be executed due to an error in the information provided by the Buyer at the time of placing the order (e.g. payment card; expiry date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information;
  2. b) there has been an error on the Site: e.g. an error in the price or description of the product;
  3. c) There is an error in the availability of the product.

 

4.4. The purchase contract shall be terminated in the event of non-payment, even partial, of the price of the products, shipping costs, if any, and any other additional costs, as a result of the order ("Total Amount Due"). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by law. The Customer will be notified of such termination and the consequent cancellation of the order.

4.5. The Seller informs the Client that each order sent is stored in digital or paper form at its premises, according to criteria of confidentiality and security. The Client may request a copy from the Seller at any time.

  1. PRODUCTS AND AVAILABILITY

5.1. The Products on sale through the Website are described in the relevant information sheets ("Product Sheet"), which illustrate their main technical characteristics. It is understood that the images and descriptions included in the Product Sheet may not be perfectly representative of the products which may differ in color or size. The Seller undertakes to ensure that the products are represented as closely as possible.

5.2. All orders for Products are subject to availability. The availability of the products refers to the moment in which the Customer consults the product sheets and must in any case be considered indicative since the Site can be visited simultaneously by several users, and it may happen that, at the same time, several users place an order for the same product. Therefore, it may happen that the Site's computer system marks as available a product that is not actually available, as it was sold to others before the order is confirmed. In such cases, the Seller cannot be held liable for the unavailability of one or more products.

5.3. The Seller cannot be held liable for the temporary or permanent unavailability of one or more products. In the event of unavailability of the requested products, the Customer will be promptly informed by email and will have the right to request the cancellation of the order, with a consequent refund of any amounts already paid.

5.4. Alternatively, you may decide:  a) if a restocking is possible, to accept an extension of the delivery terms, offered by the Seller, with an indication of the new delivery date; b) to accept the delivery of only the available products, obtaining a refund for those that are not available; c)  to  accept a discount voucher to be spent on purchases on the site, within the terms, methods, and any limitations that will be communicated by the Seller.

  1. PAYMENTS

6.1. The Client undertakes to pay the price of the Products purchased within the time and manner indicated in these General Terms and Conditions of Sale. Any payment by the Client may only be made by means of one of the methods indicated in the footer of the Site and described below.

6.2. Credit Cards. We accept credit and debit cards from the following international circuits: VISA, MASTERCARD, MAESTRO, AMEX, UNION PAY. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Client will be informed by e-mail. You will be charged when your order is placed. Credit card data is encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller.  

6.3. Digital Wallet. Payments via Digital Wallets such as Shop Pay, Google Pay are accepted. If the user chooses digital wallets as a means of payment, he will be redirected to the relevant site where he will make the payment according to the procedure provided for and regulated therein. These services use the latest and most up-to-date SSL security and data encryption protocols. Confidential data (credit card number, expiry date and cryptogram) are never stored by the Site, nor do they ever come into the possession of the Seller.

6.4 Cryptocurrencies. The possibility of making payment via cryptocurrencies with the use of the Utrust platform is offered. By choosing this payment method, the Client may be redirected to the website of the relevant service provider, where the payment will be made according to the procedure provided for and regulated therein. The Utrust service allows you to use any cryptocurrency for payment. The value of the conversion is determined once the purchase transaction is completed to protect the consumer from the volatility of cryptocurrencies.

6.5 Installment payment system. The platform offers the option to take advantage of installment payment via the  Klarna service (Klarna Bank AB). This service offers the possibility of deferring the payment in 3 monthly installments. By choosing this payment method, the Client may be redirected to the website of the relevant service provider, where the payment will be made according to the procedure provided for and regulated therein. The instalment payment service is offered by Klarna Bank AB, so the Seller is not responsible for the supplier's refusal of instalment payment, nor does it intervene in any way in the supplier's choice to recognise or not to recognise this option. For more information, please visit the Klarna website.

6.6. Bank Transfer. Payment by Bank Transfer using the Sofort platform (Klarna Bank AB) is accepted. The user will be redirected to the relevant site where he/she will immediately make the payment according to the procedure provided for and regulated therein. Sofort uses pre-filled information to contact the Client's bank and execute the transfer. For more information, please visit the Klarna website.

6.7. In the event of termination of the contract and in any case of refund, unless otherwise agreed, the Seller will reimburse the Buyer for the amount due using the same payment instrument used for the purchase. In the case of the use of Digital Wallets, once the credit order has been placed in favour of the Buyer, the Seller cannot be held responsible for any delays or omissions in the crediting of the refund, to dispute which delays the Buyer must contact the credit card company or the relevant digital wallet service used for payment directly.

6.8. To ensure the security of payments, payment services use the latest and most up-to-date SSL security and data encryption protocols. For the same purpose of payment security, in implementation of Directive (EU) 2015/2366 (Payment Services Directive 2 or 'PSD2'), for payments over a total of €30, the Payment Services may require the user to authenticate themselves using devices and procedures that ensure Strong Customer Authentication. To do so, you may be required to authenticate using mobile devices or other means required by the Payment Services. Failure to complete the procedure described above may make it impossible to complete the purchase on the Site.

  1. PRICES AND INVOICE

7.1. The sales prices displayed on the Website are to be understood in Euros and include VAT (if applicable) and any other tax. The price applied to the contractual relationship between the Seller and the Buyer will be the one in force at the time of the order and indicated in the Order Confirmation, without considering price increases or decreases, including for promotions, which may occur subsequently.

7.2. In the event that the price of a product is discounted and the discount percentage and the full reference price are indicated on the Site, this indication will be made with reference to the lowest price applied in the last 30 days.

7.3. Following the order, a regular invoice will be issued. After the issuance of the same, it will not be possible to make any changes to the data indicated in the same, therefore the Customer is asked to pay the utmost attention when entering the billing data. At the Customer's request, the invoice will be sent to the Customer by sending a paper copy in the shipping package.

 

  1. SHIPPING TIMES AND COSTS

8.1. Shipping costs are  borne by the Client and are calculated at the time of conclusion of the purchase process, after choosing the shipping method and in any case before making the payment, as they differ according to weight, volume and delivery area. Shipping costs may be free of charge for orders exceeding certain thresholds established by the Seller and indicated on the Site.

8.2. The shipment of the products will take place only after receiving confirmation of the successful payment of the Total Amount Due by the Client and will be handled by an appointed carrier. In the event of non-payment of the Total Amount Due, the purchase contract will be automatically terminated, without prejudice to the right to compensation for damages.

8.3. The Client will be informed by means of a confirmation email that the order is being dispatched (the "Dispatch Confirmation"). Orders take 1-2 business days to process and are then shipped from Lainate, ITALY.

8.4. Delivery times after Dispatch Confirmation vary depending on the destination: -

EU: 1-5 working days;  -

USA: 3-6 business days (may take a few more days depending on customs); 

-  Rest of the world: 3-10 business days (may take a few more days depending on customs).  

The above delivery terms are purely indicative and not essential. In the event that the Customer chooses fast shipping, the delivery times will be those indicated in the Shopping Cart.
The Seller will make the delivery, in any case, within thirty (30) days from the conclusion of the contract, by specialized carriers from Monday to Friday, from 9:00 a.m. to 1:30 p.m., excluding holidays and national holidays. Orders placed over the weekend will be processed starting the following Monday morning. Shipping delays may occur during promotions.

8.5.  Impossibility of delivery. In the event that it is not possible to make the delivery due to the absence of the recipient, the order will be stored and you will be left with a notice specifying where your order is located and how to arrange a new delivery. In the event that it is not possible to deliver within the period of [30 days] we will assume that you intend to terminate the contract, therefore the order will be cancelled and all amounts, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than the ordinary method offered by us) will be returned to you without undue delay and,  in any case, within 14 days from the date of termination of the Contract. You will be responsible for the costs of returning the order resulting from the termination of the contract. 

8.7. Delivery Delays. In the event that the purchased product is not delivered or is delivered later than the delivery terms indicated, the Buyer, pursuant to Article 61 of the Consumer Code, invites the Seller to make the delivery within an additional period appropriate to the circumstances ("Additional Term pursuant to Article 61,  paragraph 3, of the Consumer Code"). If the additional period thus granted expires without the products having been delivered to him, the Purchaser is entitled to terminate the contract, without prejudice to the right to compensation for damages ("Contractual termination pursuant to Article 61, paragraph 3, of the Consumer Code").

8.8. The delivery obligation is fulfilled by transferring the material availability or control of the products to the Client or to third parties designated by him. It is the Customer's responsibility to check the condition of the product that has been delivered to him. The risk of loss and damage to the products, for reasons not attributable to the Seller, is transferred to the Client when the latter, or a third party designated by him and other than the carrier, comes into physical possession of the product.

8.9. Receipt of Goods. At  the time of delivery, the Customer is advised to verify: the number of products received, that the packaging is intact and unaltered, including the closing materials, and is invited, in his interest, to report any anomalies to the Carrier, accepting the package with specific reservation, indicating the reason for the reservation (for example: FOR SUSPECTED TAMPERING:  if the package is open or not perfectly closed; FOR IMPROPER HANDLING: if it is not delivered with care or diligence by the carrier; FOR VISUALLY DAMAGED PACKAGE: if the package is visibly damaged, or is visually altered). This will allow the Client to take action against the Carrier for loss or damage to the products. Any report of damage or hidden anomalies must be reported to the Seller within 7 calendar days of delivery, by sending an email to info@thesummerlabswim.com

For more information on shipping, please see our Shipping page.

 

  1. RIGHT OF WITHDRAWAL

9.1. The Purchaser who is a consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code, has the right to withdraw from the contractual relationship with the Seller, without specifying the reason and without having to incur costs other than those described in paragraph 9.5 below. The right of withdrawal can be exercised within the withdrawal period.

9.2. The withdrawal period ("Withdrawal Period") expires after 14 days:

(a) from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods, or;

(b) in the case of an order with several products delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last product;

(c) in the case of delivery of a product consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece. The Purchaser has exercised the right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the aforementioned right is sent before the expiry of the Withdrawal Period.

9.3. How to exercise your right of withdrawal. In order to exercise the right of withdrawal, the Buyer must inform the Seller, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, the Purchaser may:

  1. a) use the standard withdrawal form made available at the followinglink ("Standard Withdrawal Form");
  2. b) or submit any other explicit declaration of your decision to withdraw from the contract ("Declaration of withdrawal") indicating: order number, the product(s) for which you intend to exercise the right of withdrawal, your address. The Model Withdrawal Form or the Declaration of Withdrawal must be sent to Customer Service at the following email address: help@reinaolga.com
    The Purchaser who exercises the right of withdrawal is invited to use a durable medium that proves the sending of the notice of withdrawal, since Article 54, last paragraph, of the Consumer Code, places the burden of proof relating to the exercise of the right of withdrawal on him.

9.4. Return Charges. The Buyer who has exercised the right of withdrawal must return  the Product to the Seller at his own expense, using the carrier proposed by the latter or a carrier of his choice, without undue delay and in any case within fourteen days from the date on which he communicated his decision to withdraw from the contract. The deadline is met if the Buyer sends back the goods before the expiry of the fourteen calendar day period.

The Purchaser exercising the right of withdrawal is responsible for the decrease in the value of the products resulting from handling of the products other than that necessary to establish the nature, characteristics and functioning of the same. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, equipped with all accessories and original leaflets, tags and labels, where present, still attached, suitable for the use for which it is intended and free of signs of wear or dirt. The right of withdrawal cannot be exercised only for certain parts of the product (e.g. accessories).

 

9.5.  Product Return. The return of the Product to the Seller is the responsibility of the Buyer. The Product, duly packaged and protected, must be sent to the following address:

Reina Olga SA

Via Nuova 14, 20020,

Nosate (MI)

 

9.6. Refunds. In the event of withdrawal, the Seller will reimburse the Buyer for the Total Amount Due, including shipping costs, if incurred by the Buyer, except for any additional costs arising from the Buyer's choice of a type of delivery other than the least expensive type of standard delivery offered by us. The Seller shall reimburse the Seller without undue delay and in any case within fourteen calendar days from the day on which it is informed of the Buyer's decision to withdraw from the contract. The Seller will refund the Total Amount Due using the same means of payment used by the Buyer when placing the order, unless the Buyer has expressly agreed otherwise and provided that the Buyer will not incur any costs as a result of the refund. The Seller may withhold the refund until it has received the goods or until the Buyer has proved that it has sent the goods back, whichever is earlier.

In the event that the Buyer exercises the right of withdrawal only for some of the products of an order of several products, the reimbursement of the shipping costs initially incurred will be proportional in relation to the cost of each product. In any case, the refund may never exceed the amount actually paid by the user.

 

9.7. Exercise of the non-compliant right of withdrawal. In the event that the right of withdrawal is not exercised in accordance with the provisions of the law, it will not result in the termination of the contract and, therefore, will not give the right to any refund. From time to time, the Seller will notify the Buyer, rejecting the withdrawal request. The Product, if it has already been received by the Seller, will remain at the disposal of the Buyer for collection, which must take place at the expense and under the responsibility of the Buyer. 

 

9.8. Exclusion of the right of withdrawal. The right of withdrawal is excluded in the case provided for in letter e) of art. 59 of the Consumer Code, which includes sealed goods that cannot be returned for reasons of hygiene or health protection and have been opened after delivery.

In our case,  the right of withdrawal cannot be exercised if the purchased Product has been worn.

 

  1. LEGAL WARRANTY

10.1. The products marketed on the Site are covered by the Legal Guarantee of Conformity which operates when the lack of conformity manifests itself within 2 years from the delivery of the product ("Warranty Validity Period"). To take advantage of the warranty, the Customer must keep the invoice (or delivery note) that he will receive at the same time as the products purchased. 

10.2. Warranty Exclusions. The following are excluded from the scope of the Legal Guarantee:

  • any defects caused by modifications made to the product, by the Customer or by a third party on his behalf, as well as any modifications or tampering with the Products;
  • accidental events or the Customer's responsibility, from a use of the product that does not conform to its intended use;
  • factors unrelated to the normal use of the product;
  • for defects of which the Client has already been made aware.

 

10.3. Consumer Remedies. In the event of a lack of conformity, the Client has the right to obtain:

(a) the restoration of conformity, by means of substitution;

(b) or a proportional reduction in the price

  1. c) or the termination of this contract.

 

10.4. Restoring Compliance. For the purpose of restoring the conformity of the goods, the Client may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all the circumstances and, in particular, the following:

(a) the value that the goods would have in the absence of the lack of conformity;

(b) the extent of the lack of conformity, and

(c) the possibility of using the alternative remedy without significant inconvenience to the consumer.

 

10.5. Proportional Price Reduction or Termination of Contract. The consumer has the right to a proportional reduction of the price or to the termination of the sales contract:

  1. a) if the Seller has not carried out the repair or replacement;

(b) if there is a lack of conformity, despite an attempt to restore it;

(c) if the lack of conformity is so serious as to justify a reduction in the price or termination of the contract;

  1. d) if the Seller has declared, or it is clear from the circumstances, that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience to the consumer.

The consumer does not have the right to terminate the contract if the lack of conformity is only minor. It is up to the Seller to determine the slightness.

In the event of a price reduction, it will be proportional to the decrease in the value of the product.

 

10.6. Request for Warranty Service. In the event of a lack of conformity, the Customer, within the Warranty Period, may request warranty assistance by sending an email to help@reinaolga.com 

 

10.7. Shipment of Products under Warranty. The product for which the lack of conformity is complained must be sent to the Seller, who  will bear the costs of return or will appoint its own carrier for collection, to the following address:

Reina Olga SA

Via Nuova 14, 20020,

Nosate (MI)

 

  1. PRIVACY AND COOKIE POLICY

 

11.1. For the information regarding the processing of personal data carried out by the Site, please read the Privacy Policy.

11.2. For the information relating to cookies, i.e. small text files that allow information on visitors' preferences to be stored in order to improve the functionality of the site, to simplify navigation by automating procedures and for the analysis of the use of the site, we invite you to read the Cookie Policy.

 

  1. UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE

12.1 The Seller declines all liability for any breach of its contractual obligations in the event of unforeseeable circumstances or force majeure.

 

  1. ENTIRETY

13.1 These General Terms and Conditions of Sale consist of all the clauses that compose them.

13.2 If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared invalid by law or following a decision by a competent body, the other provisions shall continue to have full force and effect.

 

  1. INDEMNITY

The user undertakes to use the Site and the Products purchased on the Site exclusively in accordance with these General Terms and Conditions of Sale, for lawful purposes and in any case without infringing the rights of the Seller and/or third parties. The user undertakes to indemnify the Seller, its employees or collaborators, from any claim for damages or claims made by third parties for acts or omissions made by the user during his/her interaction with the Site or in relation to purchases of products on the Site.

  1. APPLICABLE LAW AND JURISDICTION, ALTERNATIVE DISPUTE RESOLUTION

15.1. All contractual relations between the parties and these General Terms and Conditions of Sale are governed by Italian law.

15.2 Any dispute relating to the application, interpretation and execution of these General Terms and Conditions of Sale shall be subject to the jurisdiction of the court of the place where the consumer resides or has elected domicile. In the case of a professional user, for any dispute relating to the application, interpretation and execution of these General Terms and Conditions of Sale, the Court of Milan shall have jurisdiction.

15.3. The Seller does not adhere to a specific A.D.R. or 'Alternative Dispute Resolution' body referred to in Articles 141 bis et seq. of the Consumer Code. In any case, pursuant to art. 14 of Regulation (EU) No. 524/2013, the Seller informs all consumers pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that a European platform for the online resolution of consumer disputes (the so-called O.D.R. platform) has been established. The O.D.R. platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/. Through the O.D.R. platform, the consumer user will be able to consult the list of ADR entities, find the link to each of them and initiate an online dispute resolution procedure in which he or she is involved. 

15.4. This is without prejudice to the right of the consumer user to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V,  Title II-bis of the Consumer Code.

15.5. The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed,  excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available at www.eur-lex.europa.

  1. CUSTOMER SERVICE AND COMPLAINTS

To obtain information, send communications, request assistance or submit complaints, the User may contact Customer Service at the addresses indicated in the heading.

The Seller will respond to complaints as soon as possible and in any case within 3 working days of receipt of the same.

 

VOUCHER RULES

 

Promotions and discounts may be offered in the form of Vouchers.

In the event of violation of the conditions applicable to the Vouchers, the Seller may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take action in the appropriate forums, including judicial ones, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers on the relevant information page or on the Voucher itself shall prevail in all cases, notwithstanding the provisions that follow.

 

Application of Vouchers. Unless otherwise specified, the following rules apply to the use of Vouchers:

 

  • each Voucher is only valid if used in the manner and during the period of time specified on the website and/or the Voucher;
  • the Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
  • unless otherwise specified, Single-Use Vouchers can only be redeemed once per purchase and can therefore be redeemed only once even in the case of installment purchases;
  • Vouchers cannot be combined;
  • the Voucher must be used within the specified period of validity. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
  • the Purchaser is not entitled to any credit/refund/compensation in the event that there is a difference between the value of the Voucher and the redeemed value;
  • the Voucher is intended for non-commercial use only. The reproduction, counterfeiting and marketing of the Voucher is strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.

 

RIGHT OF WITHDRAWAL IN BRAZIL

 

Subject to the applicability of one of the exceptions listed below, the consumer in Brazil will have the legal right of withdrawal in accordance with Brazilian legislation. This means that the consumer has the right to terminate online contracts (distance or off-premises contracts) for any reason and without justification, within 7 (seven) days from the date of conclusion of the contract or receipt of the product or service. The Buyer who cannot be considered a consumer cannot benefit from the rights set out in this section. The right of withdrawal can be exercised by the consumer through the contact channels indicated at the beginning of this document and in accordance with the indications in this section.

 

Exercise of the right of withdrawal. In order to exercise the right of withdrawal, the Buyer must send, by any means, to the Seller an unequivocal declaration of their intention to terminate the contract. In order to comply with the deadline set for the exercise of this right, the Purchaser must send the notice of withdrawal before the deadline. 

With regard to the purchase of products, the withdrawal period is 7 (seven) days from the date of receipt of the product by the Buyer or a third party designated by the Buyer other than the carrier.

In the case of the purchase of multiple products ordered together but delivered separately, or in the case of the purchase of a single product consisting of several batches or pieces delivered separately, the withdrawal period is 7 (seven) days from the date of receipt of the last product, lot or piece by the User or a third party designated by the User other than the carrier.

 

Effects of Termination. The Buyer who successfully terminates a contract will be reimbursed by the Seller for all payments made to the Seller, including, where applicable, those covering delivery costs.

However, any additional costs resulting from the choice of a specific delivery method other than the cheapest standard delivery type offered by the Seller will not be refunded.

This refund will be made without undue delay and within a maximum of 14 (fourteen) days from the date on which the Seller was informed of the Buyer's decision to terminate the contract or from the actual return of the product, whichever is later.

Unless otherwise agreed with the Buyer, refunds will be made using the same payment method used to process the initial transaction. The Buyer will not bear any costs or taxes as a result of such refund.

 

Restitution. Unless the Seller has made himself available to collect the products, the Buyer must deliver them to the Seller or to a person authorised by the latter to receive them, without undue delay and within a maximum of 14 (fourteen) days from the date of communication of the decision to terminate the contract.

 

The deadline will be considered fulfilled if the product is delivered to the carrier or returned, as indicated above, before the expiry of the 14 (fourteen) day period established for the return. The refund may be withheld until the products are received or until Users provide proof of the return, whichever comes first.

 

The Buyer shall be liable for the decrease in the value of the products in the event of handling beyond what is necessary to ensure their nature, characteristics and functioning. The costs of returning the products will be borne by the Seller.

 

YOUR RIGHTS IN THE UNITED KINGDOM

 

Right of withdrawal. Subject to exceptions, the Buyer who may be considered a consumer in the UK has a legal right to withdraw from the contract under UK law within 14 days, for any reason and without justification.

If you are not legally considered a consumer, you may not benefit from the rights described in this section. Buyers can learn more about the revocation conditions in this section.

 

Exercise of the right of withdrawal. In order to exercise the right of withdrawal, the Buyer must send the Seller an unequivocal declaration of their intention to withdraw from the contract before the expiry of the withdrawal period.

 

With regard to the purchase of goods, the withdrawal period expires 14 days after the day on which the Buyer or a third party - other than the carrier and designated by the User - takes physical possession of the goods.

With regard to the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single goods consisting of lots or multiple pieces delivered separately, the withdrawal period expires 14 days after the day on which the Buyer or a third party - other than the carrier and designated by the Buyer - physically acquires possession of the last good,  lot or piece.

 

Effects of Termination. A Buyer who withdraws from a contract will be reimbursed by the Seller for all payments made to the Seller, including those covering delivery costs.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive standard type of delivery offered by the Seller will not be refunded.

The refund will be made without delay and, in any case, within 14 days from the day on which the Seller is informed of the Buyer's decision to withdraw from the contract.

Unless otherwise agreed with the User, refunds will be made using the same means of payment used to process the initial transaction. In any case, the Buyer will not bear any costs or taxes as a result of such refund.

 

Restitution. Unless the Seller has offered to collect the goods, the Buyer must return the goods to the Seller or to a person authorised by the Seller to receive the goods, without delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline will be deemed to have been met if the goods are delivered to the carrier, or otherwise returned as set out above, before the expiry of the 14-day period for the return of the goods. The refund may be withheld until the goods are received or until the Buyer provides proof that they have returned the goods, whichever comes first.

The Buyer shall only be liable for any decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.