GENERAL TERMS AND CONDITIONS
FOR ONLINE SALE OF CONSUMER GOODS OR SERVICES
These General Terms and Conditions of Sale govern the sale of products through the e-commerce website www.negropelle.it, hereinafter referred to as the 'website', by users classifiable as consumers. The website is owned by NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC (”NEGRO PELLE”), via Nogarole 98, 37047 San Bonifacio (VR) – Italy, Tax No/VAT Reg. No. 00681670238, hereinafter referred to as the 'seller'.
Each purchase is governed by the version of the General Terms and Conditions of Sale published on the website at the time the order is transmitted by the consumer. The contract is originally drawn up in Italian. In case of interpretation difficulties related to unofficial translations in other languages used for navigating and stipulating the contract on this website, the reference version of the contract shall be the Italian version. The www.negopelle.it website is reserved for retail sales, therefore all orders requested by customers must correspond to normal consumption necessities. Subjects not classifiable as consumers are invited not to purchase through the website. Consumers purchasing through the website must have at least 18 years of age and must be legally and mentally competent. The term 'consumer' refers to the physical person accessing the www.negropelle.it website for aims not referable to any commercial, entrepreneurial or professional activities carried out. Consequently, the provisions contained in (Italian) Legislative Decree No. 206/2005 (Consumer Code) and subsequent amendments shall apply, alongside the general provisions governing information society services and electronic commerce companies (Legislative Decree No. 70/2003). The website may be exclusively used by consumers who have read the personal data processing policy and who have accepted the General Terms and Conditions of Use and Sale. The consumer is invited to print a copy of the General Terms and Conditions of Use and Sale and to store it on a durable medium.
• SUBJECT MATTER OF THE CONTRACT
The products/services are sold with the features described on the website, according to the General Terms and Conditions of Sale published on the website. The seller reserves the right to modify the General Terms and Conditions of Sale at any time, at its sole discretion, without prior notice to the website users; said changes shall take effect from the time of their publication and shall solely apply to sales perfected starting from said date. The prices and products/services offered may be subject to change without notice; consequently, prior to transmitting the order or accepting the proposal, the consumer is advised to check the final sales price. •
CONTRACT STIPULATION PROCEDURE
The display of products/services on the virtual shop window of the website constitutes an invitation to tender. The consumer who wishes to purchase one or more products shown on the website can select them and will subsequently asked to provide the requested data before the order can be submitted. The order will be submitted by clicking on the 'Confirm' button. The order shall constitute a purchase proposal for the consumer addressed to NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC and relative to the listed products. Upon receiving the order, NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC will send an e-mail confirming the order to the e-mail address provided by the consumer during the order transmission phase. The order confirmation e-mail will specify the availability of the requested products, the payment method used and the manner of exercising the right of withdrawal. Subsequently, the consumer may formally accept the purchase proposal after carefully reading and accepting the General Terms and Conditions of Sale. The seller reserves the right to verify the details provided by the consumer, for accounting and administrative purposes. The e-mail received should be stored as proof of purchase, or memorised on a durable medium. The order form will be filed in the NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC database for the time required for fulfilling the order and, nonetheless, in accordance with the law.
• PRICES AND PURCHASE TERMS AND CONDITIONS
The price of the products is expressed in Euro and corresponds to that indicated on the website at the time the order is transmitted by the consumer. The prices are inclusive of standard packaging costs, VAT (where applicable by law) and any indirect taxes (where applicable by law). They do not include shipment expenses, which are calculated prior to the order confirmation transmitted by the seller to the consumer, and which the latter undertakes to pay to the seller in addition to the price indicated on the website. The consumer must pay to the seller the total price, as calculated in the order confirmation showed during the purchasing process and also confirmed by the seller via e-mail. The consumer shall exclusively bear any additional costs, charges, taxes or levies applied by the relevant country, for whatsoever reason, to the ordered products, on the basis of these General Terms and Conditions of Sale. The products shall remain the property of NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC until full payment of the purchase price and expenses on the part of the user. NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC shall process the order only after receiving confirmation of the authorisation for payment of the total amount due, consisting of the purchase price, delivery expenses and any other additional costs, as specified in the order form. NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC reserves the right to decline confirmation of orders transmitted by users with whom disputes are pending.
• PRODUCT AVAILABILITY
Information concerning the availability of products sold by NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC is indicated in the presentation of each product. The shipment and delivery times are purely indicative and non-binding for the seller; however, the latter agrees to undertake every possible measure to respect the delivery time specified on the website and, nonetheless, to deliver the products within maximum 30 days from the day following the order transmission date. Should the seller fail to fulfil the order due to unavailability – even temporary – of the product, it shall notify the consumer in writing and refund any sums already paid by the latter to settle payment of the product. NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC declines all responsibility for any delays in payment ascribable to the bank. The consumer undertakes to timely check, and nonetheless not later than 8 days from the delivery date, that the shipment exclusively includes all the purchased products, and to promptly inform the seller of any defects affecting the latter or any non-conformities with respect to the order; if no notification is received, the products are regarded as accepted. If the package or wrapping of the products ordered by the consumer arrive with evident damages, the consumer is invited to refuse delivery by the transporter/forwarder. Should the consumer fail to collect the goods, thus determining their return to the seller, the order will be cancelled and the transport expenses will be charged to the customer.
Deliveries are effected at the postal address indicated by the consumer in the order form. The consumer is the sole responsible for the address provided for shipment. The delivery times are those indicated in the purchase order and specified in the purchase order confirmation. Deliveries are effected from Monday to Friday during normal office hours, excluding national holidays. NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC ship the products via trusted international couriers.
• LIMITATION OF LIABILITY FOR DAMAGES DUE TO DEFECTS
The responsibility for damages due to defective products shall be borne exclusively by the manufacturer and not by the seller, who merely distributes the products through the website. • WARRANTY AND CUSTOMER SUPPORT
The seller guarantees to the consumer that the products comply with national laws and European laws applicable in Italy. The seller guarantees to the consumer that the products are free of manufacturing and material defects, and that they conform to the descriptions published on the website, for a period of two years from the date of delivery of the products to the consumer. However, NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC shall not be held liable if the ordered product does not conform to the description appearing on the website should said non-conformity derive from description errors not ascribable to the supplier, and of which NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC was not – and could not have been – aware through normal diligence. Under penalty of forfeiture, the consumer must report any non-conformity defects affecting the product within two months from their discovery, by providing adequate documentation and contacting the Customer Service at the e-mail address firstname.lastname@example.org .
After receiving the request, the seller shall assess the adequately documented defects and non-conformities. Should non-conformity of the goods be ascertained, the consumer is entitled to have the goods repaired or replaced free of charge or, should this not be possible, to a reduction in the purchase price and termination of the contract thereof.
The consumer may also be authorised to return the products so that the seller can verify their supposed defects and non-conformities. If the seller is required to refund the consumer the full or partial price paid, said refund will be effected via the same payment method used by the consumer for the purchase.
The consumer undertakes to ensure that the seller is in the condition to refund the sums due.
The warranty excludes products that have been repaired, modified or altered in any way by the consumer; in addition, the warranty excludes any faults, malfunctions or defects of other kind deriving from accidental circumstances or from the consumer's responsibility or from use of the product not conforming to the instructions specified in the annexed technical documentation or in the relative operating instructions.
The warranty does not cover parts subject to normal wear during operation.
• PURCHASER OBLIGATIONS
The purchaser undertakes to pay the price of the purchased goods in the time and manner indicated in the contract; the purchaser undertakes to print and store this contract once the online purchasing procedure has been concluded; the information contained in this contract has nonetheless already been accepted by the purchaser, who acknowledges thereof, as a mandatory condition prior to confirmation of the purchase.
The product purchased through the website may be paid using the following method:
The contract's fulfilment takes effect from the time the price of the purchased products is credited on the seller's current account. The consumer undertakes to notify the request for invoice during the purchase process.
• SELLER OBLIGATIONS
NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC undertakes to correct all errors appearing in the description of the products offered on the website in the shortest possible time. Any errors may be signalled by contacting the Customer Service.
The seller declines all responsibility for damages – of any nature whatsoever – deriving from improper or non-conforming installation and/or use of the product or, nonetheless, in case of damages deriving from accidental circumstances or force majeure. At all events, the responsibility of NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC shall not exceed the value of the purchase order.
• RIGHT OF WITHDRAWAL
Pursuant to the provisions of the law, the consumer is entitled to withdraw from the purchase contract, without having to provide justification, within 14 days from the day the product (or the last product, in case of multiple goods) is received. NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC still it gives its consumers the condition for extending up to 30 days the time to withdraw from the contract.
The consumer must expressly declare to NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC, through an appropriate declaration, the decision to exercise the right of withdrawal, by sending an e-mail to the Customer Service at the e-mail address email@example.com, within 30 days, as mentioned above, and return the goods pertaining to the contract to NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC.
The consumer will receive an e-mail from NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC confirming the exercise of the withdrawal right. It will contain the goods return form to be enclosed in the package and the instructions for returning the product, and must be transmitted within and not later than 14 days from confirmation date.
NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC shall refund the value of the returned goods without any undue delay and, at all events, not later than 14 days from the exercise of the right of withdrawal. The shipment expenses for the returned goods shall be borne by the customer, unless the returned goods include defective products, which must be verified by NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC.
The relevant sums shall be refunded with the same payment method used by the consumer for the original payment, unless otherwise agreed. If a different payment method is requested by the consumer, the latter may be charged any additional costs associated with the chosen payment method.
NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC reserves the right to refund the sums due until it has received the product. The consumer shall bear the direct costs and risks associated with the goods return procedure. The consumer must return the products in their original condition; the seller shall not refund any returned goods that arrive damaged, incomplete, deteriorated or already used. Sealed products are accepted only if the wrapping film and/or packaging are intact. The consumer must wrap the original casing of the products with additional protective packaging material to preserve their integrity and protect them during transport. The consumer must insert a copy of the order confirmation inside the package. The right of withdrawal does not apply in the following cases: supply of tailor-made or clearly customised products, or products that – owing to their nature – cannot be reshipped or that run the risk of deteriorating or altering rapidly; sealed goods that cannot be returned due to hygienic or health reasons and that have been opened after delivery.
• CONFIDENTIALITY AND PROCESSING OF PURCHASER DATA
• INTELLECTUAL PROPERTY RIGHTS
Each distinctive sign, name, image, photograph, and written or graphic text used in the website or relative to products is and remains the exclusive property of NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC and/or of other holders of the right, and is protected by copyright and any other intellectual property right, such that any access to the website and/or the purchase of products on the part of the consumer shall not entitle the latter to any right thereof.
The contents of the website cannot be modified, reproduced – either fully or partly – duplicated, transferred through electronic or conventional media, and used for any whatsoever purpose without prior written authorisation by NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC. Any use of the website's contents for advertising and/or commercial purposes is forbidden.
• CONTRACT FILING PROCEDURE
The seller hereby informs the purchaser that every order sent is stored in digital form on the seller's server according to confidentiality and security criteria. The consumer may request a copy thereof by sending a communication to the Customer Service of NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC through the “Contact us” form on the site.
• COMMUNICATIONS AND CLAIMS
Written communications sent to NEGRO ABBIGLIAMENTO IN PELLE DI NEGRO LUIGI & C. SNC, with registered office in Via Nogarole n. 98, 37047 San Bonifacio (VR) - Italy,, and consumer claims, shall be deemed valid only if addressed to Negro Pelle E-Store Team.
• APPLICABLE LAW AND COMPETENT COURT This contract is governed by Italian law and shall be interpreted pursuant to Italian law. At all events, any rights assigned to consumers by unchallengeable provisions of the law in force in the country of the latter shall be without prejudice. Any disputes arising from the contract shall be exclusively settled by the Court of Vicenza, unless such provision does not apply due to unchallengeable provisions of the law in force in the country of residence of the consumer.