Terms and conditions
Date of publication on the website and entry into force [1 October 2018]
Object
These general conditions of sale apply to the purchase of “Arzilli S.R.L.” brand products made through the e-commerce www.arzilli.store site www.arzilli.store by users classified as “Consumers”.
The Site, owned by Arzilli S.R.L., with registered office in Corso 11 Settembre, 24, 61121, Pesaro – VAT number 02670210414, is managed by Arzilli S.R.L.
Arzilli S.R.L. handles the sale of Products through the Site in its own name and on its own behalf.
Purchases of Products made through the Site will be made between Arzilli S.R.L., as the seller, and the individual purchasing one or more Products for purposes not related to their own entrepreneurial, commercial, artisanal, or professional activity, as the buyer. The Seller and the Consumer will hereinafter be collectively referred to as the “Parties.”
The Owner is not a party to these Conditions, but holds the rights to the domain name of the Site, the logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
Any communication from the Consumer connected and/or relating to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to Arzilli S.R.L., to the addresses and according to the methods indicated on the Site and to the email address info@arzilli.sm.
Each purchase is governed by these Conditions in the version published on the Site at the time the order is sent by the Consumer.
The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Therefore, non-Consumers are advised not to place purchase orders. For any purchases, they may contact the Owner at the following email address: info@arzilli.sm. If one or more sales are made to a person who does not qualify as a Consumer, these Terms and Conditions will still apply, but, notwithstanding the provisions of this Agreement:
a) the buyer will not be granted the right of withdrawal referred to in Article 10;
b) the buyer will no be able to benefit from the guarantee on the Products indicated in article 8;
c) the buyer will not be granted any other protections provided for the Consumer in these Conditions, which represent or comply with mandatory provisions of law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
Upon submission of the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these Conditions will be sent to him via email to the address provided by the same during registration on the Site or during the purchase process.
To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
Sono a esclusivo carico del Consumatore le eventuali spese per la connessione via Internet al Sito, ivi incluse quelle telefoniche, secondo le tariffe applicate dall’operatore selezionato dal Consumatore stesso.
Product characteristics and their availability in different geographical areas
The Products are sold with the characteristics described on the Site and according to the Conditions published on the same at the time the order is sent by the Consumer, with the exclusion of any other conditions or terms.
The Seller reserves the right to modify these Conditions at any time, at its sole discretion, without prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded on or after that date.
Prices, Products for sale on the Site, and/or their characteristics may be subject to change without notice. Such changes apply exclusively to orders not yet confirmed on the date of the change. In any case, before submitting the purchase order pursuant to Article 3 below, the Consumer is invited to verify the final sale price.
The Site is accessible worldwide. However, the available Products can only be purchased by users who request delivery to one of the countries listed on the Site.
To conclude the purchase contract on the Site, the Consumer must complete the order form in electronic format and send it to the Seller electronically, following the relevant instructions.
Before proceeding with the purchase of a Product, the Consumer will be asked to carefully read these Conditions and the Information on the right of withdrawal, as well as to print a copy for personal use.
The order form, displayed immediately before the conclusion of the purchase contract, will provide summary information relating to the essential characteristics of the selected Product, the price (including all applicable taxes or duties) and shipping costs.
The contract is considered concluded when the Seller receives, electronically, the Consumer’s order form, after verifying the accuracy of the data relating to the order itself.
The order form will be stored in the Seller’s database for the period of time necessary to process the orders and in any case within the terms established by law.
Submitting the order form implies the obligation to pay the indicated price.
The language available for concluding the contract with the Seller is Italian or English.
The Seller reserves the right not to process purchase orders that do not offer sufficient guarantees of solvency or that are incomplete or incorrect. This may also occur in the event of Product unavailability. In such cases, the Consumer will be informed by email that the contract has not been concluded and that the order has not been processed, specifying the reasons.
The electronic transmission of the order form entails the unconditional acceptance and commitment of the Consumer to observe these Conditions in his relations with the Seller.
By submitting the order form, the Consumer also confirms that he or she is aware of and accepts the additional information contained on the Site, including the Privacy Policy and the Information on the Right of Withdrawal.
Once the contract has been concluded, the Seller will send the Consumer, via email, a receipt of the purchase order, containing these Conditions and the summary document on the Right of Withdrawal.
The Products presented on the Site can be purchased by selecting them and adding them to the virtual shopping cart. Once the selection is complete, to proceed with the purchase of the Products placed in the cart, the Consumer will be asked to register on the Site by providing the requested information, or to log in if already registered, or to provide their data to complete the order and finalize the contract.
If the data entered in the order differs from that provided during registration, the Consumer will be asked to confirm the information (for example but not limited to: name, surname, etc.), the address for delivery of the Products, the billing address and, optionally, a telephone number for any communications relating to the purchase.
The Consumer will view an order summary, which they can modify before confirming. After carefully reading it, they must expressly approve these Conditions by checking the appropriate checkbox on the Site. Finally, they will be asked to confirm the order, which will then be definitively sent to the Seller, producing the effects described in Article 3 of these Conditions. Upon confirmation, the Consumer must also choose the shipping method and payment method from those available.
If, during the Product selection procedure, the Consumer finds that the price of one or more items is clearly lower than the normally applied price (net of any discounts or promotions in progress), due to an obvious technical error, he/she is invited not to complete the order and to report the error to Customer Service by sending an email to: info@arzilli.sm.
By placing an order for Personalized Products, the Consumer agrees to the following:
You represent and warrant that no names, words or phrases you use, upload, submit, copy or otherwise make public for use on the Customized Product fall into any of the following categories:
content that includes, in whole or in part, the name of a product, service, company, organization, or event owned by a third party;
content that includes the name or nickname of a famous person (living or deceased);
content that violates or may violate any third party’s intellectual property rights or trademarks;
Content containing messages that are threatening, incite violence, defamatory, obscene, discriminatory, inflammatory, sexually explicit, or otherwise prohibited by law.
You agree to indemnify and hold harmless the Seller, the Owner and their respective affiliates from any cost, damage, loss, expense or liability arising from the use of any name, word or phrase you use, upload or make public (including those used on the Personalized Product).
It grants the Seller, the Owner and their respective affiliates a global, non-exclusive, irrevocable, free and fully transferable right to use, reproduce, disclose and modify the names, words or phrases sent by the Consumer for the purpose of personalising and completing the order.
The Site indicates the availability of the Products and delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
The Seller undertakes to respect, to the extent possible, the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the day on which the Consumer placed the order. In the event of failure by the Seller to fulfill the order, the Seller will refund any sums already paid by the Consumer for the Product pursuant to Article 5 below. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of the payment by the Seller.
The Products will be shipped according to the methods selected by the Consumer, from those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or any discrepancies from the order placed, according to the procedure set out in Article 8 of these Conditions; failing this, the Products will be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at their destination objectively damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery “with reservations.”
Prices, shipping costs, taxes and duties
The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
The Consumer shall pay the Seller the total price, as reported in the order sent by the Consumer.
If the Products are to be delivered to a country outside the European Union, the total price indicated in the order, including indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if applicable, in addition to the price indicated in the order, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to consult the competent authorities of his/her country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his/her country of residence or destination of the Products.
Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions shall be the sole responsibility of the Consumer.
The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or charges referred to in the previous Articles, at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and that he/she shall not in any way be able to charge the aforementioned charges to the Seller.
Payment for the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date the order is sent to the Seller. The Consumer expressly accepts that the execution of the contract by the Seller will begin upon crediting the price of the purchased Product(s) to the Seller’s current account.
Payment can be made by credit card or PayPal, under the conditions described below. The Seller may offer additional payment methods, indicating them in the payment section of the Site.
If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to PayPal, the operator that handles payments on behalf of the Seller. The data transmitted will be sent in secure mode, using encrypted data transfer that is not accessible to the Seller or the Owner.
If payment is made by bank transfer to the Seller, the Consumer must indicate the “Swift” and “IBAN” codes shown in the order, as well as the order number.
The Seller will promptly send the Consumer, where required by applicable law, in electronic format via email to the address provided by the Consumer, the receipt relating to the purchase made, if the Products purchased are intended for delivery within Italy, or attached in paper format to the Products purchased, in all other cases.
Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter “Consumer Code”), the Seller guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty does not apply in the event of use of the Product that is not compliant with its intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant explanatory documentation, on the tags or labels.
Under penalty of forfeiture of this guarantee, the Consumer has the obligation to report any defects and non-conformities within and no later than 2 (two) months of discovery, by writing to the Seller, by email to info@arzilli.sm, indicating the defect and/or non-conformity found, as well as at least one photograph of the Product, a copy of the order sent by the Seller and/or the receipt, as well as any other information useful to the Seller for the purposes of correctly identifying the sale made.
Upon receipt of the complaint and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner’s customer service and, after having carried out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products. The Seller will provide the Consumer with a response containing the instructions for returning the Products, via email to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be verified after the return. The Products for which the Owner has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication, within 30 (thirty) days of reporting the defect or non-conformity, to the following address: info@arzilli.sm.
In the event of defects or non-conformity, the Consumer will have the right to have the Product brought into conformity by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by art. Article 130 of Legislative Decree No. 206/2005. If the Seller has agreed to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product or by bank transfer. It will be the Consumer’s responsibility to provide the Seller, again by email to info@arzilli.sm, with their bank details to make the transfer in their favor and to ensure that the Seller is able to refund the amount due.
Liability for damage caused by defective products
With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply.
Right of withdrawal
Without prejudice to the exceptions set out in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately in a single order, the last product was delivered.
To exercise the right of withdrawal, the Consumer must inform the Seller of their decision before the expiration of the deadline referred to in Article 10.1 above by accessing the dedicated section at the following link: www.arzilli.store, or, if not registered on the Site, by accessing the dedicated page and entering the order number and the email address used to make the purchase. Alternatively, the Consumer may send an explicit declaration to the Seller via the contact form or to the email address info@arzilli.sm, of their decision to withdraw.
Pursuant to the provisions of the previous Article 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for returning the product, to be sent to Arzilli S.R.L. within and no later than the following 14 days.
If the Consumer has received the product, they are required to return it to us without undue delay and, in any case, within 14 days of the day on which they communicated their withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of return, will be borne by the Consumer. If the Consumer exercises their withdrawal via the website, before confirming the withdrawal request, they will be informed of the cost of returning the goods, should they wish to use the return service offered by the website.
In the event of withdrawal, the Consumer will be refunded for payments made, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the least expensive standard delivery method offered), without undue delay and, in any case, no later than 14 days after exercising the right of withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method, in which case the Consumer will be responsible for any additional costs resulting from the different payment method. The refund may be withheld until the goods are received or until the Consumer demonstrates having returned the goods, whichever is earlier.
The Consumer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their parts and accessories (including unaltered labels and tags attached to the product), not accompanied by the accompanying instructions/notes/manuals, the original packaging and wrapping, and the warranty certificate, if applicable, the Consumer will be liable for the diminished value of the goods and will be entitled to a refund equal to the residual value of the Product. To this end, the Consumer is therefore advised not to handle the goods beyond what is strictly necessary to establish the nature, characteristics, and functioning of the goods, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport.
NOTE: for orders relating to Products made or adapted according to the Consumer’s specific instructions or, in other words, personalised products, the Consumer does not have any right of withdrawal pursuant to art. Article 59 of the Consumer Code.
Intellectual property rights
All intellectual property rights relating to the trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are the property of the Owner.
Consumer data and privacy protection
In order to register, place an order, and therefore conclude a contract under these Terms and Conditions, the Consumer is required to provide certain personal data through the Site. The Consumer acknowledges that the personal data provided will be recorded and processed by the Seller and the Data Controller, in accordance with and in compliance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, to process each purchase made through the Site and, subject to the Consumer’s consent, for any additional activities as indicated in the specific Privacy Policy provided to the Consumer through the Site at the time of registration.
The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the specific “My Account” section of the Site, accessible after authentication.
For any further information on how we process your personal data, please visit our Privacy Policy section.
Safety
Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided authentication (login), will not be accessible or viewable by unauthorized third parties.
For credit card payment data, the Seller uses PayPal services, which adopts technological systems designed to guarantee the highest levels of reliability, security, protection, and confidentiality in the transmission of information online. Please refer to the Company’s website for further information on the security systems they adopt.
