1.1. These general conditions of sale govern the purchase of products (hereinafter, the "Products") offered on the e-commerce site www.coltortiboutique.com (hereinafter, the "Site"). The Site, owned by Ikonic srl - Management and Offices via Gallodoro, 48, 60035 Jesi (AN) - Italy - VAT: 02087710428 (hereinafter, the "Owner"). 1.2. These general conditions see how the owner of the part on one hand, and as a buyer, the user of the site that purchases one or more products for purposes not related to their business, commercial, craft or professional (hereinafter referred to as , the "Consumer") (Owner and Consumers will be referred to jointly as "the Parties"). 1.3. Any communication from the Consumer concerning the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, etc. - must be sent to the Data Controller at the addresses and according to the methods indicated on the Website or by email email@example.com . 1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer. 1.5. The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more purchases are made by a person who can not be classified as a Consumer, these general conditions of sale will apply, but notwithstanding the provisions of the same: i) the purchaser will not be granted the right of withdrawal referred to in 10; ii) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8; iii) any other protection, here provided for in favor of the consumer, that reflect or comply with mandatory provisions of law, will not be recognized to the purchaser; iv) the sales contract between the owner and the buyer will be governed by Italian law, 1.6. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information related to the order made and the present general conditions of sale are sent by e-mail to the address stated during the registration to the Site or during the purchasing process. 1.7. The purchase of the Products through the Site is allowed only to persons who have reached the age of majority (18 years) and who are endowed with the ability to act. The Consumer who proceeds to the purchase declares and guarantees under his own responsibility to be in possession of the aforesaid characteristics.
2. Product characteristics and applicable sales conditions
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term. 2.2. The Owner reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from that date. 2.3. Prices, Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order in accordance with the following point 3, the Consumer is invited to verify the final sale price. 2.4 The site can be accessed from all over the world. However, the Products available on the Website can only be purchased by users requesting their delivery in one of the States indicated on the Website.
3. Conclusion of the purchase contract for the Products
3.1. The presentation of the Products on the Website, which is not binding for the Owner, represents a mere invitation to the Consumer to make a purchase contract proposal and not an offer to the public. 3.2. The purchase order transmitted by the Consumer to the Owner through the Site has the value of a contract proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, by sending the order to the Owner , is obliged to accept fully and without reservation. Before proceeding to purchase the Products, by sending the purchase order, the Consumer will be asked to carefully read the present general conditions of sale and the information on the right of withdrawal, to print a copy and to memorize or reproduce a copy for personal use. 3.3. The purchase order of the Consumer is accepted by the Owner by sending it to the Consumer, to the e-mail address that he / she declares to the Owner at the time of registration on the Website, or to transmit the order if the Consumer is not registered at the Site, an e-mail confirming the order, which will report the link to the text of these general conditions of sale, the summary of the order and the description of the characteristics of the product ordered. The order of the Consumer, the confirmation of the order of the Holder and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Owner in their computer systems and the Consumer may request a copy by sending an e-mail to the Owner at 'address firstname.lastname@example.org . 3.4. Each purchase contract of the Products is concluded when the Consumer receives the confirmation of the order by the owner by e-mail.
4. Procedure for selecting and purchasing the Products
4.1. The Products presented on the Site can be purchased through the selection of Products of interest to the Consumer and their inclusion in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products included in the cart, the Consumer will be invited to (i) register with the Site, providing the requested data, or (ii) to login, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. The Consumer will also be asked to choose the method of delivery and the payment method, among those available. If payment is made with an immediate payment method (contextual to the purchase) by credit card or PayPal, the Consumer will be required to communicate the relevant relevant data via a secure connection. The Consumer will display a summary of the order to be executed, of which he may modify the contents: therefore, the Consumer, after careful reading, must expressly approve the present general conditions of sale, through the appropriate check mark (check-box) present on the Site and finally, through the "Perform order" button, the Consumer will confirm his order, which will be thus permanently sent to the Owner and will produce the effects described in the predecent par. 3.2 of this contract. For accounting and administrative purposes, the Owner reserves the right to verify the information indicated by the Consumer. The Consumer will display a summary of the order to be executed, of which he may modify the contents: therefore, the Consumer, after careful reading, must expressly approve the present general conditions of sale, through the appropriate check mark (check-box) present on the Site and finally, through the "Perform order" button, the Consumer will confirm his order, which will be thus permanently sent to the Owner and will produce the effects described in the predecent par. 3.2 of this contract. For accounting and administrative purposes, the Owner reserves the right to verify the information indicated by the Consumer. The Consumer will display a summary of the order to be executed, of which he may modify the contents: therefore, the Consumer, after careful reading, must expressly approve the present general conditions of sale, through the appropriate check mark (check-box) present on the Site and finally, through the "Perform order" button, the Consumer will confirm his order, which will be thus permanently sent to the Owner and will produce the effects described in the predecent par. 3.2 of this contract. For accounting and administrative purposes, the Owner reserves the right to verify the information indicated by the Consumer. through the appropriate check-box on the Website and finally, through the "Perform order" button, the Consumer will confirm his order, which will be permanently sent to the Owner and will produce the effects described in the previous par. 3.2 of this contract. For accounting and administrative purposes, the Owner reserves the right to verify the information indicated by the Consumer. through the appropriate check-box on the Website and finally, through the "Perform order" button, the Consumer will confirm his order, which will be permanently sent to the Owner and will produce the effects described in the previous par. 3.2 of this contract. For accounting and administrative purposes, the Owner reserves the right to verify the information indicated by the Consumer.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and delivery times. The Data Controller undertakes to do everything in its own right in order to respect the delivery times indicated on the Website and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following the one in which the Consumer has sent the order. 5.2 In case of non-execution of the order by the Owner, due to the unavailability, even temporary, of the Product, the Holder will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product pursuant to next par. 5.3. 5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Website at the time the order is sent. The Consumer undertakes to check promptly and in the shortest possible time that the delivery includes all and only the products purchased and to promptly inform the Owner of any defect of the Products received or of their discrepancy with the order placed, according to the procedure in the following art. 8 of these general conditions of sale, failing that, after 14 days from receipt, the Products will be deemed accepted. If the packaging or wrapping of the products ordered by the Consumer were to arrive at destination evidently damaged,the Consumer can refuse delivery by the carrier or accept the delivery “conditionally”.
6. Prices and costs
6.1. The price of the Products is the one indicated on the Site when the Consumer sends the order. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated before the order confirmation sent by the Owner to the Consumer and that Consumers undertake to pay to the Owner in addition to the price indicated on the Website. 6.2. The Consumer must pay the owner the total price, as reported in the order. 6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order, in accordance with the provisions of the law of the country in which the products will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products. 6.4. The Consumer is solely responsible for any additional costs, charges, taxes and / or taxes that a given country may apply, for any reason whatsoever to the Products ordered according to these general conditions of sale. 6.5. The Consumer declares that the lack of knowledge of costs, charges, duties, taxes and / or taxes referred to in the previous par. 6.3. and 6.4., at the time of sending an order to the Data Controller, can not constitute grounds for termination of this contract and that can not in any way charge the aforementioned charges to the Owner.
7.1. The Consumer expressly accepts that the execution of the contract by the Owner will start at the time of crediting the price of the Product / s purchased / s on the current account of the Owner. 7.2. Payment can be made by credit card and / or via PayPal, under the conditions described below. 7.3. If the payment is made by credit card, the transmitted data will be sent in protected mode, through the encrypted transfer of data with a 128-bit SSL (SecureSocketLayer) system. These data are not accessible even to the Owner. 7.4 The Holder will transmit to the Consumer a document certifying the sale, enclosed in paper format, of the products purchased.
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree n. 206/2005 (Consumer Code) and within the limits provided therein, the Holder guarantees to the Consumer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date delivery of Products to the Consumer. The application of any warranty in case of use or washing of the Product not compliant with the Product's own and with instructions / warnings about it provided by the Owner and / or the Holder, or reported in the illustrative reference documentation, in the cards or in the labels. 8.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-compliance no later than 1 (month) months after discovery, by sending an e-mail to email@example.com , with an indication of the defect and / or non-conformity found, including at least n. 1 (one) photo of the Product, the confirmation of the order transmitted by the Owner and / or the fiscal receipt. 8.3. Following the communication from the Consumer, the Owner, also through the Holder, will assess the defects and non-conformities reported by the Consumer and, after having carried out the debts checks, will decide whether to authorize the return of the Products providing the Consumer with a reply, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to the return. 8.4. If the Owner is required to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Owner, via e-mail at firstname.lastname@example.org , the bank details to make the transfer in his favor and to ensure that the Holder is able to return the amount due .
9. Liability for damage caused by defective products
9.1. Regarding any damage caused by defects of the Products, the Owner, in the quality of a mere distributor of the products through the Site, frees himself from any responsibility, without exception and / or except, indicating the name of the relative manufacturer of the product.
10. Right of Withdrawal
10.1. The Consumer is granted the right to withdraw from the contract concluded in accordance with these general conditions of sale, without any penalty, for any reason and without having to motivate in any way their decision, within the term of 14 (fourteen) days from the day in which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires the physical possession of the Products. 10.2. For the purpose of exercising the right of withdrawal, the Consumer is required, within the period referred to in the previous paragraph, to inform the Owner of his decision to withdraw from the contract by an explicit declaration (for example, a letter sent by post, fax or post e). For the same purpose, the Consumer may also fill in and send the Return Form on the Website electronically to the Data Controller ; if he chooses this option, the Owner will transmit without delay to the Consumer an acknowledgment of receipt of the withdrawal on a durable medium (for example by e-mail). 10.3. If the Products have not been sent to the Consumer, the withdrawal will be considered exercised with the receipt by the Owner of the aforementioned notice of withdrawal. 10.4. If the Products have been sent to the Consumer, as a result of the receipt by the holder of the notice of withdrawal, the Holder will transmit the return code to the Consumer by e-mail. Within the following 14 days the Consumer must return the Products to the Holder, sending them or delivering them to L & TC Logistics & Traffic Center Via Firenze, 41, Taverne di Corciano (PG), Italy clearly indicating the relevant return code. 10.5. It is understood that the risks and costs of transport relating to the return of the Products to the Owner will be borne by the Consumer. 10.6. In accordance with art. 59 of the Italian Consumption Code, the right of withdrawal of the Consumer is excluded in case of purchase of: (i) customized tailoring or clearly customized Products; (ii) Products that risk to deteriorate or expire quickly; (iii) sealed Products which are not suitable for return for hygienic or health protection reasons and have been opened after delivery; (iv) Products which, after delivery, are, by their nature, inseparably mixed with other goods. By way of example, the right of withdrawal of the Consumer is excluded with reference to all products of the Lifestyle and Beauty sections. The Products for which the right of withdrawal of the Consumer is excluded contain the indication THIS PRODUCT CANNOT BE RETURNED in the relevant product sheet. The Consumer remains free to return products for which the right of withdrawal is excluded if incorrect and/or defective at the time of delivery, by contacting our customer service team via e-mail to the following e-mail address: email@example.com. Coltortiboutique.com reserves the right to request photographic support for defective or incorrect Products before authorizing a return for the full refund of shipping and import costs. 10.7. In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case sent to the Holder, intact: they must not have been used, worn, washed or damaged; the identification tag must still be attached to the Products with the disposable seal; Products must be returned in their original packaging, they must be sent to the Owner in a single shipment. Items ordered with the same order must be returned at the same time and shipped with a single shipment. It is advisable to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport even by writing or labels. 10.8. The Holder will take over the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.6. 10.9. If the right of withdrawal has been validly exercised by the Consumer within the terms and in the manner provided, the Holder will refund to the Consumer the amount paid at the time of purchase with the exception of additional costs: shipping costs, any duties or additional taxes. However, the Holder may withhold such reimbursement until he has received the Products (and verification of returned Products has been successful). 10.10. The refund referred to in the preceding paragraph will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer to the Consumer; The Consumer's charge will be to communicate to the Owner, by e-mail to firstname.lastname@example.org, the bank details to make the transfer in your favor and to ensure that the holder is able to return the amount due. If the payment is made by credit card, the aforementioned reimbursement will be executed within the terms indicated directly through the crediting of the sum due on the credit card used by the Consumer for payment. If the payment is made through PayPal, the aforementioned refund will be executed within the terms indicated directly through the crediting of the sum due to the account used by the Consumer for payment.
11. Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written text or graphic used on the Site or related to the Products are and remain the exclusive property of the Owner and / or his assignees, without access to the Website and / or from the purchase of the Products, may derive from the Consumer any right over the same. 11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner
12. Protection of Consumer privacy
13.1. Although the Owner takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Owner can not guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties. 13.2. The Data Controller, with regard to credit card payments, uses the services of Stripe Payments Europe Ltd which adopts technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law and jurisdiction
14.1. Each sales contract concluded between the Owner and Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with applicable Italian laws. 14.2. In the case of disputes between the Owner and a Consumer, we guarantee from now on our participation in a friendly conciliation attempt that each Consumer can promote in front of RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which enables a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the regulation of RisolviOnline or to send a request for conciliation access www.risolvionline.com . 14.3 If the conciliation attempt referred to in paragraph 14.2 above is not adhered to or if this attempt is to have a negative outcome, the dispute will be exclusively handed over to the Court of Ancona, unless the provision is not applied due to regulations mandatory law in force in the country where the consumer residers.