1. GENERAL CONDITIONS OF SALE
2. INFORMATION FOR CONSUMERS
2.1. The Products displayed on the Site are offered for sale to consumers only (here in after "Consumer(s)" or "You"). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.2. Before confirming and submitting a purchase order, You must carefully read and accept these Terms of Sale.
2.3 These Conditions of Sale govern the offer, transmission and acceptance of purchase orders relating to products on store davidecristofaro.com between the users of store davidecristofaro.com and the Vendor.
2.4 The Conditions of Sale do not govern the supply of services or the sale of products performed by third parties that are on store davidecristofaro.com through links, banners or other hypertext links. Before submitting orders and purchasing products and services from third parties, we recommend that you verify their Conditions of sale; the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of store davidecristofaro.com and third parties.
2.5 By submitting a purchase order You here by accept and undertake to observe, in the performance of the contract with the Vendor, these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You shall not to submit the purchase order for the purchase of the Products on the Site.
3. ORDER PROCEDURE AND ACCEPTANCE
3.1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the unitary price, the colours and sizes available. Pictures of Products are provided purely to illustrate the Product. The Vendor will not be responsible for any inadequate graphical representation of the Products offered for sale on the Site.
3.3. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific Amendment Procedure indicated on the Site. Once the order is submitted You will not be able to amend or cancel it.
3.4. After the submission of the order, the Vendor will send You an email to the address You entered during the purchase procedure, to confirm that the Vendor has received the order and it is processing it (the "Acknowledgement Receipt"). Consumers orders will be stored on the Vendor database located in London at least for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time through the "My Account" section on the Site or by contacting the Customer Services by e-mail at [email protected] Please note that the Acknowledgement Receipt does not constitute acceptance by Vendor of Your order. The order will be accepted by Vendor and Your credit card will be debited only after the Product(s) You ordered are dispatched. At this point the Vendor will send You another email where it confirms that Your order has been accepted and the Products have been shipped (the "Order Confirmation"). The paper invoice will be included with the Product
3.5. the Vendor reserves the right to refuse orders made by Consumers it considers, in its sole discretion, not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. the Vendor reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.
4. GUARANTEES E PRODUCT FEATURES
4.1 The store davidecristofaro.com only offers products designed and handmade in Italy with Italian craftsmanship and bearing the "Davide Cristofaro" brand.
4.2 The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
4.3 The main characteristics of products are shown on store davidecristofaro.com on each product page. The images and colors of products offered for sale on store davidecristofaro.com may not exactly correspond to the real products, due to the Internet browser or monitor used. The images contained on davidecristofaro.com website are the sole property of the Seller. Any use of product images, unless otherwise expressly authorized by written consent by the Seller, will be prosecuted according to law.
4.4 Prices are subject to change. Check the final price of sale before sending the relevant order form.
4.5 Orders received from countries other than those selected for shipping or to addresses to which the Vendor cannot ship cannot be accepted.
4.6 All products sold by store davidecristofaro.com come with an identification tag attached with a disposable seal. Please do not remove the tag and seal, which are an integral part of the purchased products.
4.7 If you exercise your right to return the products, the Vendor may refuse to accept products that are damaged, without the tag or which have been altered in their main characteristics or quality.
5. PRICES AND PAYMENT
5.1. Prices of the Products available for sale on the Site are in Pound sterling and Your purchases on the Site will be made in Pound sterling. The Vendor will not be responsible for any differences in the prices credited to Your credit card due to fluctuations of the exchange rates applied by your bank or credit card issuer.
5.2 While we will make all the possible efforts to ensure that all prices displayed on the Site are accurate and up-to-date, we may not exclude that errors may occur. If an error in the price of the Products You ordered is identified after the Vendor sent You the Acknowledgement Receipt but before the Order Confirmation, the Vendor will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If the Vendor is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after the Vendor sent You the Confirmation Order will not affect Your purchase.
5.3 All prices of the Products are not inclusive of VAT and shipping costs which will be charged separately. Shipping costs depend on the shipping destination and the type of delivery You choose during the purchase procedure. Shipping costs, as well as any other applicable tax, will be itemized on the order check-out page, in the Acknowledgement Receipt/Order Confirmation as well as in the e-mailed invoice.
5.4 The seller accepts payment by Paypal, Credit Card and bank transfer.
5.5 The financial information (number of credit / debit card or the expiration date) will be sent by encrypted protocol to the bank chosen by the Seller that provides its electronic payment services at a distance without third parties, in any way have access.
5.6 Such details will not be used by the Vendor except for performing the procedures relating to the purchase of products and for issuing refunds in case of any refunds of the same as a result of exercising the right of withdrawal, or if it is necessary to prevent or report to police the commission of fraud by the Client.
5.7 The price for the purchase of products and shipping costs, as indicated in the order form, they will be charged to the account at the time of conclusion of the contract.
5.8 If there are sufficient funds to purchase and the bank information provided are valid, the transaction will be processed instantly. The seller accepts payments by bank reclaimed.
5.9 Choose to pay by bank transfer, at the conclusion of the order the customer will automatically receive a confirmation email containing the bank details of the seller, after which the goods are reserved for the customer waiting the crediting of the payment to the account.
5.10 The customer is required to send a copy of the payment with CRO number at [email protected] within 48 hours of receipt of the order confirmation to your email address, otherwise the cancellation of the order.
6. SHIPPING & DELIVERY
6.1 The Products will be dispatched to the address provided during the purchase process. For security reasons, the Vendor will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
6.2 The shipments are insured for free against theft and accidental damage to delivery to the customer.
6.3 The Seller is not responsible for any delay due to operations and customs checks, or causes of force majeure beyond its control.
6.4 the articles marked as available on www.benedettabruzziches.com site are shipped the first working day following receipt of payment. Orders placed over the weekend will be processed on next Monday morning. Finally orders placed on a public holiday will be processed the next working day.
6.5 All purchases will be delivered by Vendor selected courier service (here in after, "Courier") between Monday and Friday excluding Saturday, Sunday and local or national holidays, after the Order Confirmation is sent to You. Products will be delivered within 10 (ten) business days from the Order Confirmation, and in any case after receiving the payment. In any case, the Vendor will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
6.6 In the event You do not receive the Products within 10 (ten) business days following receipt of the Order Confirmation, we invite You to contact the Vendor at [email protected] . The Vendor reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by You of the Order Confirmation.
6.7 For further information visit the "Shipments & Returns" area.
7. EXHAUSTION OF PRODUCTS AND PRE-ORDER
7.1. The Vendor invites You to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by the Vendor on the Site may be subject to stock limits and the Vendor does not guarantee that they will always be available.
7.2 In the case of exhaustion of products, the system automatically switches to pre-order form. The transition is marked with the words "PRE-ORDER ITEM" that appears next to the price in a clear and obvious and comes the indicative time required for replenishment. You can to read it on product "PRE-ORDER ITEM".
7.3 Through Pre-order the customer will ensure the delivery of the product within the time provided approximately, it is prevented both by delays due to possible accumulations of orders from both new breakdowns of the desired product.
7.4 The rules and procedure of purchase of the pre-order are the same as the normal purchase including immediate debit payment.
7.5 By making a "pre-order" you agree explicitly to receive the product more than 15 days in derogation of the provisions of law.
7.6 The consignment will happen in any case as soon as the selected product will be available at the seller.
7.7 The delivery date indicated by the Seller is for guidance only and may vary according to material supplies.
8. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF
8.2 We will make all reasonable efforts to ensure that prices and other information about Products displayed on the Site are accurate and up-to-date. However there may occasionally be typographical errors, incorrect statements or omissions (here in after “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. The Vendor reserves the right, at any time and without notice to You, to correct such errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.
9. CONFORMITY OF ORDERS
9.1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
9.2 Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, items missing with respect to the Transport Document, non-conformity to the Products ordered, defective Products, etc. (here in after "Defects"), can be indicated by the Consumer directly to the Courier by inserting a written and signed comment on the Delivery Note. In such circumstance the Consumer will not be required to accept the Products and may return them directly to the Courier.
9.3. In the event that any Defects is identified after delivery, the Consumer may return the Product to the Vendor following the procedure described under section 11 below.
10. RIGHT OF WITHDRAWAL
10.1 Consumers are entitled to withdraw from the purchase contract concluded with the Vendor through the Site without the payment of any penalty and without any reasons, within 14 (fourteen) working days from the date of receipt of the Products purchased on the Site. When exercising the right of withdrawal Consumers are not allowed to change the purchased Product with another Product.
10.2 In order to exercise the Right of Withdrawal, Consumers are required to send an e-mail to the following address: [email protected] specifying: (i) their desire to exercise the right of withdrawal; (ii) the description of the Products for which they wish to exercise the right of withdrawal; (iii) the identification number of the purchase order communicated by Vendor with the Acknowledgement Receipt/Order Confirmation; and shall follow the procedure described under section 10.6 below. Products purchased online cannot be returned for a refund to Vendor stores.
10.3 A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached including anticounterfaiting label , and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.
10.4 The Vendor reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under 10.3 above.
10.5 A full refund, including the original shipping costs, will be issued to the same means of payment used for the purchase as soon as possible and in any case within 30 (thirty) days from the date on which the Vendor first has knowledge of the exercise of the right of withdrawal by the Consumer, and provided that the conditions described under section 10.3 above have been met. In case of return of Products purchased as a gift (i.e. Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment. The clearance date of the repayment will be the same as the initial payment to the Vendor. As a consequence, the party who made the payment will not suffer any loss in terms of bank interest.
10.6 To return the Products to the Vendor, Consumers shall follow the procedure described below: 1. Check the presence of the label and commercial documents accompanying the Products within the package; 2. Contact the Courier number present on the receipt and agree date and time for collection directly with the Courier; 3. Require to the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and keep it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to Vendor will be borne by Vendor. If the consumer elects not to use the Courier used by Vendor recommends that Consumers insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be born by the Consumer and the Vendor will not be liable for refunding the price of Products sent by the Consumer which have not been received by Vendor as a consequence of loss, theft or damage not attributable to the Vendor. Products shall be returned to the following address: Davide Cristofaro, Via Taranto 6, 74015 Martina Franca (TA) - ITALY
11. LEGAL WARRANTY FOR NON-CONFORMITY PRODUCTS
11.1 Return of Defective Products for a replacement or full refund must always be made in the following way: (a) Consumers will be required to inform the Vendor of any defect or non-conformity in the Products purchased on the Site within two months from the date the defect or non-conformity is discovered - provided the defect or non-conformity arises within the Legal Warranty Period - by writing to the following e-mail address: [email protected] , describing the defect and indicating the type of remedy (replacement or refund) required; (b) Defective Products shall be returned by Courier – the Vendor recommends insuring the Products in the case that the Consumer elects not to use the Vendor’s Courier.
11.2 If the Consumer elects to use a courier different from the Vendor’s Courier, The Vendor will not be liable for any loss of the Product.
11.3 The Vendor reserves to check the Products returned to verify the existence of the defect or non-conformity and may return the Product to the Consumer in the event that it assesses that no defect or non-conformity exists.
11.4 It is not possible to request a replacement or refund through the Site for The Vendor products purchased at The Vendor stores or other sales outlets for products bearing the Davide Cristofaro brand (that is, it is not possible to obtain refunds at Davide Cristofaro shops or boutiques for Products purchased on the Site).
12. LIMITED WARRANTY
12.1. Products offered for sale on the Site are supplied "according to availability". Save for the legal warranty under section 11 above, The Vendor does not provide any guarantee, whether express or implied, that goes beyond the description of the Products included in the purchase order.
12.2. In no circumstances the Vendor will be liable for any damage of any kind, including by way of non-exhaustive example, direct, indirect, incidental or consequential damage, which may occur to Consumers and which derive directly or indirectly from the Consumers' use or impossibility to use the Site, from the Consumers having relied on the information contained on the Site or from errors, breaks in service, cancellations, degradation or corruption of files or e-mails, software errors, viruses or defects, delays in functioning or transmission, lack of communication, theft, the destruction of, or unauthorised access to, the Vendor’s data, programmes or services.
12.3. Without prejudice to sections 12.1 and 12.2, nothing in these Terms of Sale will exclude or limit The Vendor’s liability to You for fraud, death or personal injury caused by Vendor’s negligence, breach of terms regarding title implied under the applicable Consumer Protection laws or any other liability which the applicable laws state may not be excluded or limited.
If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please contact the customer service at [email protected]
14.2 You are advised to read, if you haven't already done so, our Conditions of Use which contain important information on how we process the personal data of our users and on the security systems we use.
15. APPLICABLE LEGISLATION
These Conditions of Sale are governed by the law of England and Wales and European law on electronic commerce.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or NorthernEnglish law.