General online terms and conditions of sale
Levante Srl, with registered office in Padua (PD), Via XX Settembre, 69 35122, VAT no. 05354030289, e-mail: shop@ellesanti.com, in the person of its legal representative pro tempore (hereinafter, Seller);
Whereas:
• the Seller manages the activities related to the sale of products under its own brand ELLESANTI® on the website www.ellesanti.com (hereinafter "Website");
• the Website is primarily a marketing website, also intended for commercial transactions between businesses and consumers (B2C);
• the customer must meet the requirements necessary for entering into legally binding contracts, including being of legal age;
• the term "Online General Terms and Conditions of Sale" refers to the sales contract for the Seller's consumer goods entered into between the Seller and the Buyer within a distance selling system organised by the Seller;
• these terms and conditions of sale govern the online sale between Levante Srl, with registered office in Padua (PD), Via XX Settembre, 69 35122, VAT no. 05354030289, and the Buyer who accepts these terms and conditions of sale and, if they qualify as a "Consumer", expressly declares that they are making the purchase for purposes unrelated to any commercial or professional activity carried out, as provided for by Legislative Decree 206/2005;
• these premises form an integral and substantial part of the contract; the following is agreed:
1 | Object of the contract
1.1 These general conditions, which are made available to the Buyer for reproduction and storage pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003, concern the purchase of products made remotely and by means of a telematic network, through the ELLESANTI® website belonging to the Seller.
1.2 With this contract, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller's Website; the main characteristics of the products are illustrated and described on the Website, with an overall presentation of each of them that is faithful, truthful, correct and not misleading. It should be noted in this regard that due to the characteristics and technical limitations of photographic reproduction of the products on the Website, the image accompanying a product may not be perfectly representative of its characteristics.
2 | Acceptance of the terms of sale
2.1 All purchase orders shall be forwarded by the Buyer to the Seller. The Buyer shall indemnify the Seller against any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, as the Buyer is solely responsible for the correct input thereof.
2.2 These general terms and conditions of sale must be examined "online" by the Buyer before completing the purchase procedure. The Buyer's submission of the purchase order therefore implies full knowledge and complete acceptance of them; consequently, the Buyer unconditionally accepts and undertakes to observe, in its relations with the Seller, the general terms and conditions and payment terms illustrated below.
2.3 Acceptance of the terms and conditions of sale must be indicated by ticking the appropriate box.
3 | Purchase methods and selling prices
3.1 The selling prices of the products (hereinafter "Selling Price") displayed on the Website are expressed in euros (EUR). The Selling Prices of each product and the method of calculating the total purchase price (the "Final Price") will be clearly indicated. As specified in point 6.1, the Final Price may consist of the sum of the Selling Price and the shipping and delivery costs of the products by couriers and/or forwarders appointed by the Seller. When making an online purchase, the Buyer will use the "Proceed to payment" button as a simultaneous confirmation of the acceptance of the sale, the shipping and delivery methods chosen by the Buyer, the submission of the purchase order for the identified quantity, and the obligation to pay the Seller the Final Price. After the order has been submitted, no changes can be made to it.
3.2 The Selling Prices and Final Prices are to be understood as inclusive of VAT and all other applicable taxes and duties. For non-EU countries, national and customs taxes are to be paid by the buyer.
3.3 The Seller, after checking the availability of the chosen product, will formally confirm the received order by e-mail, and only from that moment will the obligations of sale and dispatch of the products provided for the Seller under this contract become effective.
3.4 The Buyer expressly grants the Seller the right to confirm even only partially the order placed (for example, if not all ordered products are available). In this case, the contract will be considered perfected only in relation to the goods actually available and confirmed by the Seller via e-mail.
4 | Conclusion of the contract
4.1 The Contract stipulated through the Website is considered concluded when the Buyer receives, via e-mail, formal confirmation of the order pursuant to the previous article 3.3, through which the Seller accepts the order sent by the Buyer and informs them that they can proceed with its fulfillment. The Buyer, therefore, undertakes to print and keep these general conditions, already viewed and accepted as a mandatory step in the purchase procedure, as well as the specifications of the product being purchased, in order to fully satisfy the legal conditions.
4.2 The Contract is concluded at the location of the Seller's registered office. Except in cases of supervening impossibility of performance for reasons not attributable to the Seller and/or in the event of temporary technical malfunctions of the software or the Website's purchasing system that suggest that products are available when they are not, the latter undertakes to supply the selected products following receipt of payment of the Final Price due under this contract.
4.3 The Seller shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the internet network that are beyond the Seller's control.
5 | Payment methods
5.1 Without prejudice to the Seller's right to introduce and implement further payment methods in the future aimed at offering an even higher service to the Website users, the Buyer acknowledges and accepts that - as of the date of sale of the products covered by this contract - payment by the Buyer can only be made:
A) online via the secure Stripe circuit. The purchase amount will be withheld from the Buyer's available funds at the time of purchase and will subsequently be debited according to the practices in use by the chosen credit card circuit.
B) Online via the Paypal payment system; the purchase amount will be withheld from the Buyer's available funds at the time of purchase and will be debited before the order is shipped due to the verifications required by the Paypal system itself.
C) Bank Transfer
5.2 The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards and other payment methods when paying for purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
5.3 The Buyer may use promotional codes issued exclusively by ELLESANTI® via newsletters and/or social networks and/or found on promotional websites approved by the Seller. Promotional codes have a limited duration for the period indicated in each code.
6 | Delivery method
6.1 The items for sale on the website are entirely handmade for our customers.
The Seller will deliver the ordered products to the Buyer, at the address indicated in the purchase order, in the manner provided for in the previous articles, by Mail Boxes courier. Items from the ELLESANTI® collection will be shipped within 4/6 working days (Mon-Fri) from the order date; items from the ELLESANTI® – ARGENTA collection require production time and will be shipped within 15/20 working days + shipping time.
6.2 The Seller will not be liable for delays or non-delivery and/or for any additional costs incurred by the Buyer if due to customs operations and checks and/or due to an incorrect or incomplete communication of the address by the Buyer and/or due to circumstances beyond the Seller's control and/or due to unforeseeable circumstances or force majeure.
6.3 Upon receipt of the goods, the Buyer is required to check the integrity of the package and products, the conformity of the product delivered to him with the order placed, as well as being obliged to immediately report to the Seller any tampering or damage found on the package and products. In any case, the Buyer will take care and promptness to inform the Seller about any problems encountered in receiving the products, in order to allow the Seller to exercise better quality control over the services rendered - directly and/or through third parties - pursuant to this contract.
6.4 In the event of inability to deliver the product due to an act or fault attributable to the Buyer, the latter hereby authorizes the Seller to deduct from the refund due of the price paid the shipping costs incurred, as well as any customs duties paid or to be paid.
6.5 In the event of service disruptions by couriers, deliveries could be extended up to 15 days. The Seller is not responsible if the disruption is caused by strikes or extraordinary events.
7 | Warranties
7.1 In case of questions, complaints or suggestions, the Buyer may contact the Seller via the address shop@ellesanti.com.
7.2 In the event of conformity defects, the provisions of Legislative Decree No. 206 of 6 September 2005 will apply, limited to transactions subject to the aforementioned discipline. The defect must be reported by sending an email to shop@ellesanti.com following the procedures indicated for returns.
7.3 The Seller reserves the right to request photographic evidence of the alleged defect before agreeing to the return of the product. The defective product will be replaced by the Seller, with return and shipping costs borne by the latter, with an equal product, if available, or with a refund of the price paid.
8 | Seller's Return Policy / Right of Withdrawal pursuant to Legislative Decree No. 206/2005
8.1 Without prejudice to separate warranty claims for defects or non-conformity of products as per article 7 above, the Buyer, only if acting as a "Consumer", shall in any case have a right of withdrawal from this contract within 14 (fourteen) days, starting from the day of receipt by the Buyer – and/or a third party indicated by the Buyer, other than the courier and/or shipping agent – of the product purchased under this contract. Please note that product replacement is possible only once.
8.2 The request for return authorization or product replacement must be sent to shop@ellesanti.com, indicating the original order number in the subject line of the communication.
8.3 Following receipt of the return confirmation email, the Buyer is obliged to send the products to the Seller within 14 (fourteen) days from the date on which the Buyer communicated the intention to withdraw from the contract. Return shipping costs are borne by the Buyer, except if under warranty for defects or non-conformity of the product.
8.4 The Seller reserves the right to accept the return or replacement under the following conditions: The tag with the price and barcode on the returned items must not be cut or torn. Each item must be returned with all original undamaged labels, packaging, and accessories (dustbags, bubble wrap) received with the order. Items must not have been washed or altered and must not show any signs of use. Returns must be shipped inside the box in which the goods were originally shipped. Returns and replacements authorized by ELLESANTI must be shipped from the same country where the original order was delivered. Since the Seller is not responsible for any items that may be incorrectly shipped, we recommend, for returned items, to use an insured postal service for the value of the shipment's contents or one that provides a return receipt.
8.5 The Seller reserves the right from now on not to accept unauthorized returns or returns shipped using methods different from those contained in the return instructions; in such cases, the Seller will return the products to the Buyer. Any acceptance of such returns will, however, incur a charge equal to 10% of the value of the returned goods.
8.6 The Buyer, if purchasing as a "Consumer," when exercising their right of withdrawal, may request a refund of the price: the refund will be made after the Seller verifies the returned products within 14 (fourteen) days, in the original purchase currency; any differences due to exchange rate fluctuations will not be refunded. It is understood that the Seller reserves the right to deduct from the amount to be refunded the shipping costs incurred by the Seller. For orders paid by Credit Card or via the Stripe platform, the amount will be available to the customer according to the timings of the chosen banking circuit; for orders paid by Paypal, the price will be refunded to the original account.
8.7 The Seller reserves the right from now on not to accept returns shipped using methods different from those contained in the return instructions; in such cases, the Seller will return the products to the Buyer, without prejudice to the possibility of retaining the return by charging the Buyer an amount equal to 10% of the value of the returned product.
8.8 Outside the cases of transactions governed by Legislative Decree 206/2005, the provisions of the Civil Code shall apply.
8.9 To proceed with the return of items purchased online, it is necessary to fill out the return form provided and attach it to the package. Send the package to the following address:
LEVANTE SRL
VIA XX SETTEMBRE, 69
35122 PADOVA (PD) ITALY
TEL. +39 351 7587705
shop@ellesanti.com
9 | Intellectual property rights
The ELLESANTI® brand, as well as all other figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos present on the products, their accessories, and/or packaging, whether registered or not, are and remain the exclusive property of LEVANTE Srl, with registered office in Padua PD (Italy) at Via XX Settembre, 69 – 35122. The total or partial reproduction, modification, or use of said trademarks, illustrations, images, and logos, for any reason and on any medium, without prior express agreement, is absolutely forbidden.
10 | Competent court and applicable law
10.1 This contract is governed by Italian law. Where not expressly provided for herein, the applicable legal provisions for the relationships and cases provided for in this contract shall apply, and, in any case, the provisions of the Civil Code for transactions between professionals/entrepreneurs and Legislative Decree No. 206 of September 6, 2005 (Consumer Code) for transactions with the "Consumer".
10.2 In the event of disputes arising from or connected to this contract, the parties undertake to seek an amicable and fair settlement among themselves.
10.3 If the dispute has not been settled amicably, and in any case within six months from the date of its commencement, it shall be brought before the exclusive jurisdiction of the Court of Padua or the Court provided for by the Consumer Code, where applicable.
11 | Final clauses
11.1 This contract supersedes and replaces any previous agreement, understanding, negotiation, written or oral, between the parties concerning the subject matter of this contract.
11.2 The eventual ineffectiveness of certain clauses shall not invalidate the entire contract.
11.3 These general conditions of sale have been drafted in Italian and English. Should any difficulties arise in their interpretation, the parties agree that the Italian text shall be considered authentic and effective.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE PURCHASER Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Purchaser declares to have carefully read the contract and to expressly approve the following clauses: Art. 2 (Acceptance of the conditions of sale), Art. 3 (Purchase methods and sale prices), Art. 4 (Conclusion of the contract), Art. 6 (Delivery methods), Art. 7 (Guarantees and assistance methods), Art. 8 (Seller's return policy/Right of withdrawal pursuant to Legislative Decree 206/2005), Art. 10 (Competent court and applicable law)
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For any other questions, please email shop@ellesanti.com. We will get back to you as soon as possible, keeping in mind that our customer service is available Monday to Friday, from 10.00 am to 5.00 pm (+2 GMT), excluding public holidays.
