GENERAL TERMS AND CONDITIONS OF SALE GOODS AND PRODUCTS ON THE ONLINE SHOPPING SITE OF CELESTE PISENTI
The present general conditions of sale regulate the sale to private consumers of luxury clothing items of the brand Celeste Pisenti and offered to its Customers through the website www.celestepisenti.com (hereinafter the "Website"), sold and distributed by Tessile Srl.
1. INFORMATION ON THE SELLING PARTYFor each transaction concluded through the website of Celeste Pisenti, the selling party is Tessile srl , a company with registered office in Italy at Rapallo (16035 – GE) in Corso Italia 36/6 , C.F. and P.IVA 02434610990, contactable by e-mail email@example.com or e-mail PEC firstname.lastname@example.org
2. SCOPE OF APPLICATION
Tessile Srl sells and distributes the luxury items Celeste Pisenti offered on the e-commerce site in Italy and world to private consumers. The purchase of goods and products includes the service of delivery of the order to the address indicated by the Customer through Tessile Srl auxiliaries at the costs and under the special conditions stipulated with the Tessile Srl. These Conditions of Sale apply to all and only purchases of goods and products made through the e-commerce site of Celeste Pisenti.
3. DESCRIPTION, CHARACTERISTICS AND INFORMATION ON GOODS AND PRODUCTS
The descriptions of the articles of clothing offered on the website are made on the basis of the information and documents made available by Tessile Srl. The photographs, graphic or iconographic representations of the products, trade names, distinctive signs of any nature contained in the website are intended to provide as much information as possible to the Customer. Before purchasing a product, the Customer must check the description and characteristics of the items he is interested in.
4. AVAILABILITY OF ARTICLES
The goods and garments offered for sale on the website are available in the Seller's shops and warehouses at the time they are selected and ordered. If, by chance or for other reasons, the article is no longer available after the order has been placed, the Seller will contact the Customer by email to communicate the total or partial cancellation of the order and to proceed with the refund of the amount paid by the Customer and resolve the problem created.
5. PRICE OF PRODUCTS / TAXES AND EXPENSES OF SHIPPING AND INSURANCE / FREE DELIVERYThe price of the Products offered on the Site is that indicated on the web page at the time of purchase by confirming and sending the order form.
May products being subject to a promotional campaign, the price of the goods on the website will be indicated with the original retail price normally charged and crossed out and the reduced price valid for the time of the promotion.
May the customer enjoying an individual discount code , the order form will indicate the original price before application of the discount, indicated crossed out, then the individual discount or percentage discount, and finally the actual sale price for the customer.
Anyway, Tessile Srl cannot be considered responsible: (a) if other vendors offers identical articles at a different original price or at a lower price than the one applied; (b) in case of unintentional publication on the web site of a price referred to a certain product which is clearly lower than the one applied on the market at time of sale, when this amount is clearly too low in the eyes of an average consumer; (c) if the price of sale appears to the average consumer clearly incorrect, when such a mistake is due to technical errors.
The prices of the products offered through the website: include VAT and any other applicable tax; but do not include shipping costs or custom duty or insurance of the goods and products until delivery.
Shipping costs are free in Italy and € 50.00 in the European Union countries. Shipping costs may vary depending on the delivery address, weight and volume of goods and products.
Before completing and finalising the purchase, the Customer can check on the order form, the final purchase price with details of: any promotional discount granted, taxes due, shipping costs, insurance costs, with an indication of the final and actual price to be paid.
6. FORMALISATION OF ORDERS AND PURCHASE OF PRODUCTS
The purchase of Products through the Site is perfected by the Customer by confirming the order, following the guided procedure activated by the "Checkout" button.
Before proceeding with the purchase of the Products by confirming the order form, the Customer is required to carefully read the general conditions of sale and the conditions of use that can also be printed or saved. By sending the order form, the Customer declares that he/she has understood and approved the content of the order form and accepted the general terms and conditions of sale and use of the Site.
The purchase of the Product is considered completed at the time the Seller has received payment of the price.
7. DELIVERY OF PRODUCTS
The Seller charges the delivery of the Products to the Express Courier DHL. DHL allows the Customer to track the shipment through its own service and the use of the tracking number, which the Seller can communicates to the Customer by e-mail, after the delivery of the package to the courier.
The order will be delivered to the address indicated by the Customer within the delivery terms indicated by the courier and, in any case, within three (3) / five (5) buisness days from the date of delivery of the package to the courier, except in cases of force majeure.
Delivery is considered to be completed when the purchased goods are placed at the disposal of the customer, or another third party designated by him / her, at the place of delivery indicated by the same.
The Seller undertakes to deliver the purchased items in perfect condition to the address indicated by the Customer on the order form at the time of purchase. The address cannot be a box or postcode.
The address indicated by the Customer must be an address at which delivery can be made during normal business hours. If the customer (or other authorised person) is not present when the products are delivered to the address provided, the courier will contact the customer and advise the customer of the procedure to arrange a new delivery. DHL may inform the receiver of an incoming shipment or non-delivery. Recipient may be offered a second alternative delivery options, such as delivery on a different day, delivery to their home, or to a DHL Service Point. If, after the second attempt delivery the Customer has not contacted the courier, the goods will be returned to the Drop Srl warehouses. In this case, Tessile Srl will refund only the price of the items purchased to the customer, and the latter must bear the shipping and return costs, as well as the relative possible insurance costs of the goods shipped.
If, following delivery of the Products, the Customer discovers that the packaging is damaged or, once the packaging has been opened, that the Products are damaged in transit, or different from those ordered or, again, that some articles relating to the same order are missing, the Customer must notify the Seller as soon as possible and, if possible, within 5 days of delivery in order to allow the Seller to report the defect to the carrier and to provide for the immediate replacement of the goods, if possible, or to reimburse the Customer for the payment made, in accordance with applicable law.
8. WITHDRAWAL AND RETURN OF PRODUCTS / REFUND
Right of Withdrawal The customer has the right to communicate total or partial withdrawal, even unjustified, and to return the purchased clothing items within fourteen (14) days from the date of delivery.
The users can communicate their withdrawal and return the goods by sending an e-mail to email@example.com with the subject "Withdrawal order " indicating the article or articles they wish to return.
Once the notice of withdrawal has been received, Seller will send an email containing the indication to proceed with the return.
The Customer is free to communicate his withdrawal and to return the products at his own care and expense, provided that it is done in accordance with the terms and procedures laid down by law. In this case, the Company warns the Customer that: (1) it is advisable to use a service with tracking or return receipt that must be communicated to the Seller; (2) the Seller will refuse the products returned by cash on delivery transport; (3) the Seller will not be responsible in case of non-receipt of the Products and in this case will not return the collected amounts.
Effects of withdrawal/Refund of the price The communication of withdrawal and the return of the purchased items does not imply any penalty for the customer in the use of the website or for future purchases. In the event of withdrawal, the customer will have the right to reimbursement of payments made to Tessile Srl, excluding the costs of shipping, insurance and delivery of the articles ordered, and provided that the returned goods are in the same condition in which they were delivered, have not been used (except to the extent necessary to verify their conformity to the description), washed, damaged, stained, with holes in them, with pulled threads, with personal or commercial perfume, removed from the packaging, or lost before being returned to Tessile Srl. The Company will proceed with the refund due to the customer, after the return of the goods and as soon as the quality control procedures have been completed, all within and no later than 14 days except for closures for the summer and winter holidays, in this case at first reopening.
Quality check. Since the Seller offers luxury and high-value clothing items for sale through the Site, it will verify the quality condition of the item before issuing a refund of the returned Products. The Product must be in the same condition in which it was delivered, with its original packaging and labels. The removal of the garment's label is considered to be an unreserved acceptance of the item and any return of a garment without its labels because it is no longer saleable does not entitle the customer to a refund. The customer must return the product in the same packaging in which it was received: if the product is not sent in its original packaging, it may be subject to depreciation charged to the customer. The return package must contain the return documentation.
Once the quality check has been completed, the Seller will send the customer an email confirming receipt, with details of the refund and will proceed to credit the amount within 24 hours. The actual crediting of the refund due to the customer's account or card depends on the timing of the credit institution or issuer.
Return of defective products The customer shall in any case be entitled to a refund of all payments made to Tessile Srl for the return of defective products or products delivered which do not correspond to the order placed by the customer.
9. EXCLUSIVITY, MODIFICATION AND VALIDITY OF THE CONDITIONS OF SALE
These General Conditions of Sale, as published and accepted at the time of purchase by the user and/or at the time of registration by the customer, exclusively and specifically regulate every purchase made between Tessile Srl and the user via the website and replace any other agreement or contract, whether verbal or written, even concluded previously between the parties. These conditions of sale are not applicable to other forms of online or e-mail sales.
Tessile Srl reserves the right to modify, at any time and without prior notice, the General Conditions of Sale, without prejudice to compliance with the relevant legislation in force. Users always have at their disposal the General Conditions of Sale in force on the website and those governing their particular purchase.
The possible nullity or ineffectiveness of any clause of these General Conditions of Sale does not entail the nullity of the other clauses or of the contract. The failure of Tessile Srl to exercise any right deriving from these General Sales Terms and Conditions must not be interpreted as a waiver of such right, except in the case of an explicit waiver in writing by Tessile Srl or the prescription of the right and action.
The General Terms and Conditions of Sale are also translated into German and English. In case of doubt regarding the interpretation and application of the clauses, the Italian text shall prevail.
10. APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions of Sale are governed by Italian law in accordance with the European Directives on e-commerce and contracts concluded at a distance. In the event of disputes or litigation arising from the purchase of goods or products through the website or from the application of the present General Conditions of Sale and for the resolution of any conflict, Drop Srl and the customer/user are subject to the jurisdiction of the court of the city where the consumer has his/her habitual residence or domicile. For the purposes of these General Terms and Conditions of Sale, a "consumer" is considered to be any natural person who is acting for purposes which are outside his or her trade, business, craft or professional activity, if any, within the meaning of Article 2 of Directive 2011/83UE. Please also note that the European Commission provides consumers with a tool for resolving disputes amicably online (Article 14(1) of Regulation (EU) 524/2013), which is accessible on the website http://ec.europa.eu/odr.
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