Terms of Sale
Premise
This information is provided for the site “ https://www.giuzi.it ” ( Site ) owned by La Bella srl, with headquarters in Via XXV Aprile 15 - Laterina Pergine Valdarno (Ar) Cap 52019, registered with the Chamber of Commerce of AREZZO, with VAT no. 00314590514, share capital of € 54,000.00 iv ( Seller ).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext connections. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.7 Sending the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchasing on the Site
- It can also happen without registering on the Site
- is permitted both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumer is defined as a natural person who acts for purposes other than any entrepreneurial, commercial, professional or artisanal activity carried out; while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the quality of professional is defined as a natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary.
2.2 Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumers is that of natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.
2.3 In the event of orders, from whomever they may come, which appear to be anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.
2.4 The Seller reserves the right to refuse or cancel orders that come from:
- from a user with whom the Seller has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- from a user who has been involved in crimes
- by a user who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by the Seller or who has sent invalid documents.
Art. 3. Registration on the Site
3.1 To register on the Site you must fill out the appropriate form, entering the following data:
- password
3.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of your access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to proceed with the disabling of the user's account.
Art. 4. Information aimed at the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
- To conclude a purchase contract on the Site, you must fill out an 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 contract is concluded when the order form reaches the Seller's server
- Once the order form has been received, the Seller will send you an order confirmation to the email address indicated, containing:
- information relating to the characteristics of the purchase
- the price indication
- the indication of delivery costs.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code.
5.3 Alternatively, you may accept:
- if restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term
- if restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
5.4 If a refund is requested for the amount paid for the purchase of Products which subsequently prove unavailable, the Seller will make the refund within a maximum of 20 days.
5.5 In the event that you avail yourself of the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order ( Total Amount Due ) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be considered indicative and with the tolerances of use.
Art. 7. Prices
7.1 All Product prices published on the Site are inclusive of Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
Art. 8. Purchase orders
8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
8.2 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled as a result.
Art. 9. Payment methods
9.1 The following payment methods are accepted on the Site:
- Payment card
- PayPal
- Mark
9.2 The Seller accepts credit cards from the following circuits:
- VISA
- MasterCard (Cirrus Maestro)
- American Express
In any case, they are indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued authorization for the charge.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time the order is transmitted.
9.3 On the Site, you can also make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.
In the case of payment via PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to you will be credited to the PayPal account of the same. The times of crediting to the payment instrument linked to such account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favour of such account, the Seller cannot be held responsible for any delays or omissions in crediting the reimbursement amount, to contest which you must contact PayPal directly. Any type of reimbursement to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
9.4If you choose cash on delivery as your payment method, it is advisable to have cash in specific notes and/or coins, as La Bella Srl cannot guarantee that all delivery personnel will have change available for cash payments made by the customer. Couriers must not, under any circumstances, request tips or amounts in excess of the total amount of the order.
Art. 10. Delivery of Products
10.1 There are no limitations on delivery, except in cases where indicated on the Site and/or in the Product Sheet.
10.2 Delivery costs are at your expense, unless otherwise indicated during the purchase process and/or elsewhere on the Site. An additional cost may be required for delivery to some areas.
10.3 Starting from the date of sending the order, the Products will be delivered within 7 days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is your responsibility to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules regarding the right of withdrawal (if applicable for the Product) and the legal guarantee of conformity remains unchanged.
Art. 11. Right of withdrawal
11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are:
- sold goods made to measure or clearly personalized.
11.2 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this article within fourteen calendar days ( Withdrawal Period ). The Withdrawal Period expires after 14 days:
a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
11.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can:
- use the standard withdrawal form ( Standard Withdrawal Form ) made available to you on the Site
- submit any other explicit declaration of your decision to withdraw from the contract ( Withdrawal Declaration ).
11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner:
via the website section: Returns and refunds
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.
11.5 The Seller offers you the possibility of completing and sending the Standard Withdrawal Form electronically, following the guided procedure made available to you on the Site.
11.6 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph of these General Conditions of Sale.
11.7 You are responsible for the direct costs of returning the Products, as well as for their transportation.
11.8 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.
11.9 You are solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.10 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify you of the circumstance and the resulting decreased refund amount upon receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.
11.11 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable law, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user of this upon receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.
11.12 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product with a value of 150.00 Euros, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be refunded may never exceed the amount actually paid.
Art. 12. Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ( Legal Guarantee ).
Who does it apply to?
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes other than their entrepreneurial, commercial, artisanal or professional activity.
When to apply
The Seller is responsible towards the consumer for any lack of conformity of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.
In order to benefit from the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can certify the date of purchase (for example the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller is not responsible for any damages of any nature whatsoever resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from fortuitous events or force majeure.
Art. 13. Conventional manufacturer's guarantee
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ( Conventional Guarantee ). You may assert this guarantee only against the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer. The Conventional Guarantee is voluntary and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
14.1 Purchase contracts concluded through the Site are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved.
14.2 Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of this document shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in art. 141-bis et seq. of the Consumer Code), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.
14.4 The Seller also informs the user who has the qualification of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.
14.5 In any case, the consumer user's right to bring the dispute arising from these General Conditions of Sale before the competent ordinary court remains intact, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
14.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu .
Art. 15. Customer service and complaints
You can request information, send communications, request assistance or forward complaints by contacting the Seller using the following methods:
- by filling out and sending the form available at the following link "Contacts"
- by email, to the following address: info@giuzi.it
- by telephone, at the following number: +393492997649.
The Seller will respond to complaints submitted within 5 days of receiving them.