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Email: distefanocollezioni@gmail.com
Terms and Conditions
GENERAL CONDITIONS OF PURCHASE OF STEFANO by Di Stefano Genesio 1. INTRODUCTION This document (together with the documents mentioned therein) contains the conditions governing the use of this website (www.distefanocollezioni.com) and the purchase of the articles contained therein (hereinafter the "Conditions"). Please carefully read these Conditions, the Cookies Policy and the Information on Personal Data Protection (hereinafter jointly the "Data Protection Policies") before using this website. We inform you that the use of this website or the transmission of an order through it, implies acceptance of these Conditions and Data Protection Policies, so if you do not agree with all the above Terms and Conditions Data Protection Policies, please do not use this website. For any request, doubt or question regarding the Conditions and Data Protection Policies, you can contact us using the contact form. The Contract (as defined below) may be finalized, at your option, in any of the languages in which the Conditions are available on this website.
2. OUR DATA The sale of products through this site www.distefanocollezioni.com, is managed by Di Stefano di Di Stefano Genesio, with registered office in Atessa, Piazza Garibaldi, 1, C.F. DSTGNS74R16A485C and P.I.V.A. 02030080697, N. REA CH-146829, e-mail address
acquisti@distefanocollezioni.com
3. YOUR DATA AND YOUR ACCESS TO OUR WEB SITE The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and / or data Personal data supplied to us is accurate and truthful.
4. USE OF OUR WEB SITE By using this website and / or placing orders through it, you agree to: (i) make use of the website only to make legally valid consultations or orders; (ii) not to make false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been made, we will be authorized to cancel it and inform the competent authorities; (iii) provide us with your e-mail address, postal address and / or other contact details truthfully and correctly. Similarly, you consent to our use of this information to get in touch with you (if necessary, please read the Information on Personal Data Protection). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are older (aged 18 and up) and have the legal right to enter into binding contracts.
5. AVAILABILITY OF THE SERVICE The items offered through this website are available exclusively for delivery on the Italian territory (except for San Marino, Liviano, Campione d Italia and the waters of Lake Lugano).
6. PROCEDURE FOR IMPROVING THE CONTRACT The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but a mere invitation to make a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount will be returned to you in its entirety. To place an order, you must follow the online purchase process and complete the payment process. Subsequently, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). It is understood that this will not lead to the acceptance of your order as it constitutes an offer that you make in the our comparisons for the purchase of one or more products All orders will be subject to our approval which will be informed by sending an e-mail confirming that the order is being shipped (the "Confirmation of Shipping "). The contract for the purchase of a product between us and you (the" Agreement ") will be concluded only when we send you the Shipping Confirmation. Only the products indicated in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other product that has not been ordered until confirmed in the Shipment Confirmation that this product has been shipped.
7. AVAILABILITY OF PRODUCTS All product orders are subject to their availability. In this sense, in case of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to quality replacement products of equal or greater value, which you can decide to order. If you do not wish to place an order for these replacement products, we will reimburse you for any amounts already paid by you.
REFUSAL OF PROCESSING AN ORDER
We reserve the right to remove any product from this website at any time and / or to delete or modify any material or content of the same. Although we will always do our best to follow up on all orders, there may be exceptional circumstances that force us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time.
We decline any responsibility towards you or towards third parties for the removal of any product from this website, for the elimination or modification of any material or content of the website, or for failure to process the order after sending of the Order Confirmation.
9. DELIVERY
Without prejudice to the provisions of the previous article 7 and except where extraordinary circumstances occur, we undertake to do everything in our faculties to send the order of the product (s) indicated in the relevant Shipping Confirmation by the date indicated in that Shipping Confirmation or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
However, there may be delays for various reasons such as product customization, unforeseen circumstances or the delivery area.
As for the virtual gift card, it will be sent by the date you indicated at the time of the order.
If for any reason we are not able to comply with the delivery terms, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent repayment of the entire amount paid . Please note that no home deliveries are made on Saturdays and Sundays, except for the virtual gift card that will be delivered on the date you indicated.
For the purposes of these Conditions, the "delivery" shall be understood as having taken place or the order "delivered" by the acquisition, by You or by a third party indicated by you, of the material availability or in any case of the control of the products, which will be proven by signing the order receipt at the agreed shipping address.
10. IMPOSSIBILITY OF DELIVERY
If you are not able to be present at the place of delivery at the agreed time, we ask you to contact us again to arrange a new delivery date.
If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract which will therefore be terminated. As a result of the termination of the Contract, we will return all the amounts paid to you, including delivery costs (with the exclusion of any additional costs resulting from the choice by you of a delivery method other than the ordinary method offered by us ) without undue delay and, in any case, within 14 days from the date of termination of the Contract.
Please note that transportation resulting from the termination of the contract may have additional costs that will be borne by you.
11. PASSAGE OF THE RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will be borne by you from the moment of their delivery.
You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurred at a later time .
12. PRICE AND PAYMENT
12.1 Price
The price of the products will be as indicated from time to time on our website, except where there is an obvious error. Although we are committed to doing everything in our faculties so that all the prices that appear on the site are correct, errors may occur. If we find errors in the price of the products you ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order for the right amount or cancel it. If we are unable to contact you, the order will be canceled and you will be refunded the full amount paid.
We will not have the obligation to provide you with the product (s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price was obvious and unequivocal and therefore if it were possible for you to identify it reasonably as incorrect.
The website prices are inclusive of VAT, but do not include shipping costs, which are to be added to the total amount to be paid.
Prices may change at any time; however (except where previously established) the possible changes will not affect the orders for which we have already sent an Order Confirmation.
Once you have selected the items you wish to purchase, these items will be added to your shopping cart and the next step will involve completion of the order and payment. To this end, it must follow the instructions for the purchase, entering or verifying the information requested in each step of the purchase process. Furthermore, you can change the details of your order at any time during the purchase process before payment. Furthermore, if you are a registered user, a list of all your orders will be available in the "my orders" section.
12.2 Payment
You can make the payment via PayPal and in cash to the courier.
If the chosen payment method is PayPal, the charge will be made when the order is confirmed.
13. PURCHASE AS GUEST
On this site the function of purchasing products as a guest is also available. With this purchase method, you will be asked only for those data that are essential to process your order. Upon completion of the purchase process, you will be offered the opportunity to register as a user or continue as a non-registered user.
14. VAT (VALUE ADDED TAX)
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT).
15. RETURN POLICY / EXCHANGES
15.1 Right of withdrawal by law
Right of withdrawal
If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without giving any reasons.
The withdrawal period referred to in the preceding paragraph ends after 14 days starting from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last good.
To exercise the right of withdrawal, it is required to inform us, writing to Di Stefano Di Stefano Genesio Piazza Garibaldi, 1 66041 Atessa Chieti, by sending an e-mail to acquisti@distefanocollezioni.com or by writing in the appropriate contact form, of the Your decision to withdraw from the Contract by an explicit declaration (for example letter sent by post or e-mail). To this end, it may use the attached withdrawal form, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from the Contract, you will be reimbursed for all payments made to us, including delivery costs (except for additional costs resulting from your choice of a delivery type other than the least expensive standard delivery type from us offered), without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract. These refunds will be made using the same payment method you used for the initial transaction. In any case, you will not incur any fees as a result of such reimbursement. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until your demonstration of having sent back the goods, whichever is earlier.
Please send back the goods within 14 days from the day you notified us of your withdrawal from the Contract. The deadline is met if you send back the goods before the 14-day period expires.
You are only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
15.2 Common provisions
You may not exercise the right to withdraw from the Contract which has as its object the supply of one or more of the following products:
1. Personalized items. 2. Items, without the original wrapping. 3. sealed goods that cannot be returned for hygienic reasons and have been opened after delivery.
Your right to withdraw from the Contract will be applied exclusively to those products returned in the same condition in which you received them. No refund will be made if the product has been used in addition to simple opening and for products that are not in the same condition in which they were delivered or if they have been damaged: we therefore invite you to take care of the products as long as they are in the Your availability and possession. Please return the item using or including in the package the original wrapper, instructions and other documents, if any, that accompany the products.
(a) Returns by courier / courier
Please note that if you decide to return the products in cash on delivery, we will be authorized to charge you the related costs.
After evaluating the conditions of the item, we will inform you if you are entitled to a refund of the amount paid. The shipping costs will be reimbursed if the right of withdrawal is exercised within the set deadline and all the products subject to the same delivery are returned. The reimbursement will be made as soon as possible and in any case within 14 days from the date on which we announced the intention to withdraw from the Contract. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until your demonstration of having sent back the goods, whichever is earlier. The refund will always be made using the payment method used to make the purchase, unless the gift receipt issued by the recipient of the product purchased by you was used.
You will be responsible for the costs and risks of returning the products, as indicated above.
If you have any doubts, you can contact us through our contact form.
15.5 Return of defective products
In the event that you believe that at the time of delivery the product is not in compliance with the provisions of the Contract, you must immediately contact us using our contact form, indicating the product data as well as the damage suffered, we will inform you of the procedure to follow.
You will have to return the product to the address indicated in the electronic document that you will receive together with the Shipping Confirmation. We will carefully examine the returned product and notify you by e-mail, within a reasonable time, whether we will proceed with the refund or replacement of the product (depending on the case). The refund and / or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending an e-mail with which we will confirm that we will proceed with the refund or replacement of the item unsuitable.
The amount paid for the products that will be returned due to damage or defect, if they really exist, will be refunded in full, including the delivery costs incurred for sending the item and for returning it from your part. The refund will be made through the payment method used to make the purchase.
All the rights recognized by current legislation remain unaffected.
16. RESPONSIBILITY AND EXEMPTION FROM LIABILITY
Unless otherwise provided for in these Conditions, our responsibility for the products purchased on our website will be limited exclusively to the purchase price of the product in question.
we will not accept any liability for indirect damages, such as:
the. loss of profits;
ii. loss of business volume;
iii. loss of earnings or loss of contracts;
iv. loss of expected savings;
v. data loss; as well as
you. waste of office administration time.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless the contrary is expressly stated.
All descriptions of the products, information and materials that appear on the website are provided "as is" and without explicit or implicit guarantees, without prejudice to the law. In this sense, if you are contracting as a consumer or user, we are committed to delivering products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Contract if (i) they comply with the description we provide and possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) show quality and features that are normal in products of the same type and that can reasonably be expected. Within the limits set by the law, we exclude all guarantees, except those that cannot be legitimately excluded with regard to consumers and users.
Our products, especially those made by hand, have the natural characteristics of the materials used in manufacturing. Natural features such as grain, surface texture, knots or color variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be foreseen and appreciated. We select only products of the highest quality but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product.
These provisions do not in any way limit the rights granted to consumers by current legislation or your rights to terminate the Contract.
17. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as an integral part of the website are owned by us and those who have granted us license for their use. You may use this material only in the manner for which you will receive express permission from us or from those who have granted us license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact data.
18. VIRUSES, PIRACY AND OTHER RISKS OF COMPUTER ATTACKS
You must avoid any improper use of this site as well as avoid the introduction of viruses, Troyan horses, worms, logic bombs or other programs or materials that could cause technological damage. If not authorized, you must not access the website neither to the server with which it is hosted nor to other servers, computers or databases related to our website. It undertakes not to carry out DoS attacks against this website.
Failure to comply with this clause could result in violations defined by the relevant legislation. In the event of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Similarly, in the event of failure to comply with this Article, the authorization to use the website will be immediately withdrawn.
To the maximum extent permitted by current legislation and in compliance with the fundamental rights of consumers, we decline any responsibility in the event of any damage or loss resulting from a DoS attack, viruses or other program or materials that could cause technological damage to your computer, computer equipment, data or materials as a result of using our website or downloading content from it or redirecting the user to it.
19. LINK FROM OUR WEB SITE
If our site contains links to other pages or third-party materials, these links will be provided for information only, without our control of the contents or materials contained in these pages or sites. Therefore, we decline any responsibility in case of possible damages or losses deriving from their use.
20. WRITTEN COMMUNICATIONS
The applicable legislation provides that some of the information or communications we will send you are in writing. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you via e-mail, or provide you with information by preparing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication, acknowledging that all the contracts, notices, information and other communications that we will provide to you electronically will comply with the legal requirement that provides for the written form for such communications. This provision does not in any way limit the rights recognized by current legislation.
21. NOTIFICATIONS
All communications addressed to us must be sent using preferably our online form. Without prejudice to what is specified in article 20, we reserve the right to send you any communications via e-mail or by post to the address provided at the time the order is forwarded.
The communications will be considered as received and adequately notified respectively when entered on our website, 24 hours after the sending of an e-mail, or three days after the date of shipment. To demonstrate the notification of a communication,
it will be sufficient to demonstrate, in the case of a letter, that it has been correctly addressed, stamped and delivered to the postal service and, in the case of e-mail, that it has been sent to the recipient's e-mail address.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding both for you and for us, as well as for our respective successors and assignees.
You may not transfer or assign the Contract in any way, or any of the rights or obligations arising therefrom, without our prior written consent. We will have the right to transfer, assign, sub-contract or freely dispose of in any way and at any time of the Contract, or of any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, sub-contract or other provision of the Contract will have no impact on your
rights as a consumer or will void, reduce or in any way limit any of the warranties or responsibility offered by us, explicitly or implicitly.
23. FORCE MAJEURE
We will not be in any way responsible for the non-fulfillment or delay in the execution of any of the obligations under the Contract caused by events that are beyond our reasonable control ("Force Majeure Events"). "Force Majeure Events" means any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to the following:
1. Strikes, lockouts or other labor unrest.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Inability to use railways, sea, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster, maritime accident, postal or other relevant means of transport.
It is understood that the execution of the obligations under the Contract will remain suspended for the duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, although pending Force Majeure Events, we will endeavor to find a solution by which to fulfill our contractual obligations.
24. WAIVER
If we omit, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or of any of the obligations provided by these General Conditions, or even omitted to exercise any of the rights or actions to which we are entitled pursuant to the Contract or these General Conditions, this will not constitute a waiver of these rights or actions and will not relieve you from the fulfillment of the related obligations.
Our possible tolerance in the face of your default will not constitute any renunciation to react in the face of a subsequent default.
No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of the previous articles 19 and 20.
25. PARTIAL NULLITY
Should any article of the General Conditions, or part of it, or any of the provisions of the Contract, be deemed invalid, unlawful or unenforceable by the competent authority, such article, clause or provision shall be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
26. INTEGRITY OF THE CONTRACT
These General Conditions, as well as any document to which they are expressly referred to, represent the entire agreement between you and us regarding the subject of the Contract and replace any previous agreement, understanding or agreement between us, whether oral or written.
Both you and us acknowledge that, in signing the Contract, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations prior to the Contract, but only on how much expressly stated in these Terms.
Both you and we will have the right to remedy any false declarations made by the other party, both orally and in writing, prior to the date of each Contract (unless such false declaration has been made maliciously) and the only actions that the other party may undertake will be for breach of the Contract, as provided in these Conditions.
27. RIGHT OF MODIFICATION OF THESE TERMS
We reserve the right to revise and amend these Terms at any time.
You will be subject to the General Conditions in force at the time of the order, unless a change in the General Conditions or Data Protection Policies should be made in accordance with the law or at the request of a government authority (in which case it will be worth also for orders already transmitted).
28. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website are governed by Italian law.
For any dispute deriving from or relating to the use of the website or to such contracts, the Judge of the place of residence or domicile of the consumer shall have jurisdiction.
If you are entering into the Contract as a consumer, this clause does not affect in any way the rights that the law recognizes as a consumer.
If, as a consumer, you believe your rights have been infringed, you can address your grievances to us via the e-mail address acquisti@distefanocollezioni.com in order to solicit an out-of-court settlement of disputes. If the acquisition between you and us took place online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court resolution of consumer disputes through the site Internet http://ec.europa.eu/consumers/odr/.