Terms and conditions of sale
These terms and conditions govern the sales of products on the Site etalism. com and regulate their use.
The Seller reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for example following changes in legislation or regulations or in the functions of the Site. The aforementioned modifications will be made known to Users through the Site with a specific notice and for a period of 10 (ten) days from the date of the modification. The online sale of products on the Site is governed by the provisions of the Consumer Code Legislative Decree n.206/2005 and of the Electronic Commerce Code Legislative Decree no. 70/2003. The online store of the Site is hosted by Shopify Inc which provides the online e-commerce platform which allows the Seller's products to be sold. 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, we mean by:
Seller : EESMSrl, with registered office in Via Isonzo n. 11/B, 33033 - Codroipo (UD), VAT number 03062690304, email: info@etalism.com.
Terms and conditions or Contract : the set of these contractual clauses which determine and define the relationship between the Seller and the Customer.
Platform or Site: etalism.com
Users: any person who accesses the Site and continues to browse it
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 : sale, under the Electronic Commerce regime, mainly of clothing and accessories.
Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.
Purchase : the onerous purchase of the above products from the day of conclusion of the purchase.
Cart: the phase of the purchase procedure in which the User formulates his own purchase proposal, selecting the methods of payment, delivery of the goods and the like.
ART. 2 SUBJECT
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, as a Consumer in accordance with current regulations, makes a purchase on the Site. If one of the conditions proves to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
ART. 3 PRODUCT DESCRIPTION
The Site deals with the retail sale, under the Electronic Commerce regime, mainly of clothing and accessories.
All the products offered are described and illustrated on the Site, in the respective sections with size guide. 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 real 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 method of sale, 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 ADDITIONAL CHARGES
The prices of the Products are shown in euros. In particular, the cart will show in detail:
- the price of the Product;
- delivery costs.
The Seller undertakes to constantly check that all the prices indicated on the Site are correct, however this cannot guarantee the absence of errors. In the event that an error is found in the price of a product, the seller will allow the customer the option of purchasing the product at the correct price or canceling the order. Prices in the online shop may vary. In such cases, the prices published at the time of the Order on the online shop are considered. The seller reserves the right to implement special conditions of sale or promotions on the Products on its website also in accordance with the provisions of art. 17 bis of the Consumer Code. The conditions applied to the promotions will be governed from time to time by the Seller through specific written communications published on the site.
In the event of an IT, manual, technical, or any other kind of error that could lead to a substantial change, not foreseen by the Seller, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days from the day of cancellation, upon notification to the Customer.
The Seller reserves the right to verify and evaluate the correctness and good faith of the customer, especially in the case of the use of promotions or discount coupons. Should the Customer's behavior prove to be unlawful and incorrect, the Seller will promptly notify it and proceed with the cancellation of the purchase order.
ART. 5 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 in the appropriate 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 , will have 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 by email, sent to the email address communicated. The Seller reserves the right to evaluate the acceptance of the 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 has 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 indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an Order by the Seller.
ART. 6 PAYMENT METHODS
The payment methods available on the Site are as follows:
1) Paypal
If the Customer chooses to pay via the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account easily and immediately. PayPal protects the buyer's information as no financial information is passed on. A confirmation email from PayPal will be sent to each transaction made with this method. The order amount is charged to the PayPal account at the time of order acquisition. In case of cancellation, the amount is refunded to the customer's PayPal account.
2) Apple pay
Apple Pay is a payment service provided by Apple, which allows the User to make online payments on websites and apps that support it using an iPhone 6 and above, an Apple Watch, Mac and iPad Air 2 and above.
4) Google Pay
If the Customer chooses to pay through the Google platform, at the time of payment, his browser will be directed to a secure server page with SSL encryption by entering his username and password.
The Customer acknowledges and accepts that the Seller will not be held responsible in the event of delay or non-delivery of a product if the issuer of the Customer's credit card refuses or does not authorize the charge for any reason.
ART. 7 SHIPPING AND DELIVERY TIMES OF THE PRODUCT
All orders are processed and delivered on weekdays (Monday-Friday, excluding holidays). Orders placed on Saturdays and Sundays will not be processed until the following Monday.
For each order placed on the Site, the Seller issues a receipt for the shipped goods. For the issuance of the receipt, the information provided by the Customer at the time of the order is valid. No change in the receipt will be possible after the issuance of the same. Order processing times are 24/48 hours. The Seller is not responsible for unforeseeable delays, it being understood that, except in cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the day on which the Customer sent the order unless the Seller notifies the Customer within the same term of the unavailability, even temporary, of the products ordered.
In case of unavailability of the product, the amount already paid by the Customer will be refunded within 14 days of the aforementioned communication. For each order placed on the Site, the Seller issues a receipt for the shipped goods. For the issuance of the receipt, the information provided by the Customer at the time of the order is valid. No change in the receipt will be possible after the issuance of the same.
The Seller will deliver the Products purchased by specialized carriers, with a standard service, from Monday to Friday, excluding holidays and national holidays. Products shipped to Italy are approximately delivered within 48 working hours and within 3/5 working days in disadvantaged areas and islands. Products shipped within the European Union are delivered approximately within 7-10 working days of shipment. The delivery terms indicated above are purely indicative and not essential. Any variation to the above will be promptly communicated via e-mail to the Customer.
No compensation can be requested from the Seller in the event of damage due to delay and/or interruption, and/or total or partial suspension of deliveries not dependent on the Seller's fault or fact. This also applies to hypotheses of delays, interruptions or suspensions due to causes such as, but not limited to, work interruptions, union unrest, delays attributable to suppliers, energy shortages, suspension of transport. At the time of shipment of the package, the Tracking number will be sent via email, which will allow you to follow the entire route of the shipment by going to the carrier's website. At the time of delivery, the Customer acknowledges and accepts that a person expressly delegated by him must be present, with the seller exempt from any liability. At the time of delivery, the Customer is required to check that the number of packages being delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials. In the event that a product arrives that has been damaged during transport or that is different from the one ordered, the Customer must sign the goods receipt document presented by the courier by inserting, if possible, the wording "ACCEPTED WITH RESERVE BECAUSE DAMAGED". In this way it will be easier and faster to obtain any refunds for damages attributable to transport. Furthermore, the Customer must photograph the package and the goods, in order to be able to demonstrate any damage. The Customer can ask the Seller by mail to info@etalism.com for the replacement and the Seller will return the correct product and collect the product to be replaced from the Customer's home at his expense. The Customer will only have to prepare the goods for collection carefully packed and complete with all its parts, including transport documents. In any case, he will be contacted as soon as possible by the Seller to be informed about the timing of the replacement of the product.
In consideration of the place of delivery of the goods, the Products purchased may be subject to import taxes and/or customs duties, the amount of which may vary according to the country of destination. It is therefore not possible to predict in any way whether and what costs should be incurred for the customs clearance of the purchased goods. Consequently, any costs relating to import taxes and/or customs duties will be borne exclusively by the Customer.
In the case of export of goods to non-EU countries, the related customs duties are charged to the customer. The customs duties due vary according to the country of destination. The Client has the obligation to inform himself about the normative dispositions in matter and the relative responsibility rests on him. Customs duties are not considered shipping costs and are therefore charged to the customer.
ART. 8 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 to return, for any reason, the product purchased and to obtain reimbursement of the expenses incurred within 14 days.
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 that effect by e-mail. Within the same term, the Customer must arrange, using a shipping method of his choice, for the shipment of the goods reinserted in their original packaging, intact and in perfect condition, complete with all its parts, and carefully packed to the Seller's headquarters.
The package must include all documents received. It is advisable to insure the shipment against theft and transport damage. Cash on delivery parcels will not be accepted.
The only costs required are those relating to the return of the product.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the goods shipped. The costs incurred for returning the goods are excluded from the refund. The risks of transport for the return of the Products are fully borne by the Customer, as are the costs necessary for the return of the Products subject to withdrawal.
Without prejudice to the above, it should be remembered that the Customer is responsible for any decrease in the value of the Products resulting from handling 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 (in this case the return of the goods will be refused).
- the right of withdrawal cannot be exercised if the purchased products have been used, even partially.
In the event of a change of size, the replacement must always be requested within 14 days by means of any communication via e-mail, the Seller will collect the item at its expense and deliver the correct one.
ART. 9 LEGAL WARRANTY
The Consumer Customer has the right to a 24-month legal guarantee pursuant to Legislative Decree 206/2005 and subsequent amendments. In the event of receipt of Products that do not comply with the orders or are defective, the Customer must notify the Seller by e-mail, accompanying any photographs and details. In order to take advantage of the guarantee, it is necessary to show the purchase documents.
In case of lack of conformity of the goods, the consumer has the right:
- the restoration of compliance,
- or to the proportional reduction of the price,
- or upon termination of the contract.
For the purpose of restoring the conformity of the goods, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or excessively burdensome for the seller, taking into account:
- the value of the goods in the absence of the defect,
- the extent of the defect,
- the possibility of using the alternative remedy without inconvenience for the consumer.
The consumer has the right to a proportional reduction of the price or to the termination of the contract:
- if the seller has not repaired or replaced the goods,
- if a lack of conformity occurs despite the attempt to restore the goods,
- if the lack of conformity is so serious as to justify a price reduction or termination,
- if the seller has declared or it results from the circumstances that he will not proceed with the restoration of conformity within a reasonable time.
The consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the seller to prove it.
The consumer has the right to a reduction in the price proportional to the decrease in the value of the goods.
In the event of termination of the contract, the same is exercised by means of a direct declaration to the seller. If the lack of conformity concerns only some of the goods delivered, the contract can be terminated only for them. Upon termination, the consumer:
- must return the goods to the seller at the latter's expense,
- the seller refunds the consumer the price paid for the good upon receipt of the good or of the evidence provided by the consumer regarding the fact that he has returned or shipped the good.
ART. 10 FORCE MAJEURE
The Seller assumes no responsibility for disservices attributable to force majeure which prevented, in whole or in part, the execution of the contract within the foreseen times. The Seller is not liable to the Customers for any damages, losses and costs incurred as a result of the failed or delayed execution of the contract, the Customer having the right only to a refund of the price paid.
The Seller is not liable for damages deriving from disconnections, interruptions of the Site, as well as for the loss of data consequently occurring and attributable to the same.
In the event of force majeure, the execution of the Order will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.
ART. 11 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the related subdomains and all the intellectual and industrial property rights related to them, are the exclusive property of the Seller, are reserved to it and are not nor will they be transferred or licensed under any circumstances to Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit also on other websites, transfer or otherwise make available to third parties for any reason or in any case use for purposes other than conservation and/or consultation of the Sites and /or the Contents of the Site, without the prior express and formal approval of the Seller.
ART. 12 FAILURE TO EXERCISE A RIGHT
Failure by the Seller to exercise a right does not represent any waiver of taking action against the Customer or against third parties for the violation of the commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.
ART. 13 TREATMENT OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be processed based on 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 the appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out using IT and/or telematic tools, with organizational methods and with logics strictly related to the purposes indicated. User 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 made to the Owner by the User; to send 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 concerning the Products purchased without the need for the express and prior consent of the User, 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 ( Privacy Policy ) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to treatment where required ( Cookie Policy ).
ART. 14 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 termination of contracts stipulated online by the Consumer Customer with the Seller will be the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer forum).
ART. 15 DISPUTE RESOLUTION
According to article 49 paragraph 1 letter V of Legislative Decree n. 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 file a complaint via the ODR platform of the European Union. For more information contact the Seller.
ART.16 COMMUNICATIONS
For further information of any kind, it is possible to contact the Seller at the following addresses: info@etalism.com
Pursuant to art. 1341 and 1342 of the Civil Code, 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 7, 8, 9, 10, 11 and 14