GENERAL CONDITIONS OF SALE

https://www.lachiocciolariccione.it/

lachiocciolariccione@gmail.com

1. Introduction

The products purchased on the site https://www.lachiocciolariccione.it/ (" Our Site " ) are sold directly by La Chiocciola srl, based in Riccione , viale M.Ceccarini 101 , VAT number 03196370401 e-mail: lachiocciolariccione @ gmail.com (the " Seller ").

These General Conditions of Sale (the " General Conditions of Sale " ) regulate the offer, forwarding and acceptance of purchase orders for products placed on Our Site exclusively between consumer end users and the Seller.

By final consumer we mean, pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, any person, over 18 years of age, who acts by entering into a contract for purposes unrelated to their own entrepreneurial, commercial, craft or professional activity ("User " ).
The language used for the conclusion of sales contracts through our site is Italian.

 

2. Purchase

2.1 To conclude the purchase contract for one or more products on Our Site, the User must complete the order form, selecting the products he intends to purchase and following the relative instructions to complete the check-out.

Before confirming the sending of the order form, the User is required to carefully read all the instructions provided during the purchase procedure including these General Conditions of Sale, the General Conditions of Use and the Privacy Policy.

2.2 In the order form, displayed immediately before sending, the Seller will provide summary information regarding the products ordered, the price (including all applicable taxes or duties) and any shipping costs.

2.3 The order is placed by confirming it and is subject to payment of the price, taxes and any shipping costs indicated in the order summary form.

2.4 The receipt of order processing does not constitute acceptance of the order. The conclusion of the contract takes place when the Seller sends the order confirmation to the e-mail address provided by the User.

2.5 The Seller reserves the right not to confirm an order, communicating to the User promptly and in any case within 5 days of placing the order, at the e-mail address associated with the purchase, of any unavailability of one or more of the ordered products. In this case, the Seller will reimburse the User, within 7 days of sending the notification of unavailability, any amount paid by the User for the order.

2.6 The Seller reserves the right not to accept orders that are incomplete or not properly completed. La Chiocciola also reserves the right (at its sole discretion) not to accept / process orders in the event that: (i) the payment made by the User is not successful (by way of example, in case of non-debit of the purchase price on the User's credit card or, if payment is made by bank transfer, in case of failure to confirm receipt of the transfer within 10 (ten) working days from the date of the order proposal); (ii) there is a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are being made for commercial purposes; (iii) the User has not fulfilled his obligations deriving from a previous contract concluded with the Seller.

Also in this case, the Seller will take care to communicate the failure to confirm the order within 5 days of placing the order, to the e-mail address associated with the purchase and will reimburse the User, within 7 days of sending. of the notification of unavailability, any sum paid by the User.

 

3. Modification and cancellation of the order

3.1 Once the product has been delivered to the carrier, it will no longer be possible to modify and / or cancel the order; However, the User may exercise the right of withdrawal once the product has been received.

3.2 In case of modification of an order, the price of the new products will be that indicated on Our Site at the time of the modification in the case of products other than those object of the original order, while the price originally indicated at the time of the order will remain applicable. if the change concerns only the quantity of products already ordered.

3.3 The modification and cancellation of the order can be made by l achiocciolariccione@gmail.com , always on condition that the product has not yet been delivered to the carrier.

 

4. Methods of payment

4.1 La Chiocciola offers its Users different types of payment and the User can choose one of the methods indicated in the order form.

4.2 In no case will the User be charged with costs higher than those actually incurred by the Seller, in relation to the chosen payment instrument.

4.3  In case of payment by credit card, the financial information (for example, the credit / debit card number or the date of its expiry) will be processed exclusively by BPER BANCA SPA , without third parties having access to it in any way.

This information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the relative refunds in the event of any product returns, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police commission of fraud. The price for the purchase of the products and any shipping costs, as indicated in the order form, will be charged to the User's current account at the time of shipment of the purchased products.

4.4 Until full payment of the price of the products ordered, the products remain the property of the Seller.

 

5. Execution of the order

The order is executed within the terms specified in the summary page and in the order confirmation e-mail, subject to the availability of the ordered product. The Seller cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the order confirmation.

 

6. Availability of products

6.1 The prices, descriptions or availability of the products displayed on Our Site are subject to change without notice. The photographs posted on Our Site are indicative and may not constitute an exact representation of the products. The Seller will do its best to present the characteristics of the products with the greatest degree of detail possible on the site https://www.lachiocciolariccione.it/ within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Our Site may differ from the real ones due to multiple factors including, but not limited to, the User's terminal monitor, photographic filters etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

6.2  The Seller constantly checks the accuracy of the prices indicated on the site https://www.lachiocciolariccione.it/ However, in the event that an error should be found in the indication of the price of a product, the Seller will block the order and offer the User the opportunity to purchase the same product at the correct price or, alternatively, another product at the price already paid.

6.3 The price of the products indicated on Our Site is expressed in Euros and is inclusive of all applicable taxes or duties. Delivery costs must be added to the price of the products, indicated separately in the order form.

 

7. Delivery

7.1  Deliveries are made through the use of carriers during office hours from Monday to Friday, excluding holidays to the address chosen by the User and in the manner specified in the order summary.

7.2 Upon delivery, the User must check the content by specifying any anomalies in the delivery form.

7.3 In case of failure to collect within the term established by the carrier, the products will be returned to the Seller. The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the products after delivery to the carrier or for delays in delivery to the latter. attributable.

 

8. Right of withdrawal

  1. In case of rethinking about the purchase made on Our Site, the User has the right to withdraw from the contract without indicating the reasons, within 14 days of receipt of the products. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Seller by sending a request to the e-mail address lachiocciolariccione@gmail.com . The codes of the items to be returned must be specified in the e-mail. Once the return request has been received, La Chiocciola customer service will send the User a written confirmation with the specifications to be followed for returning the product. The Seller reserves the right to ask the User for images of the products to be returned.

  2. The right of withdrawal is exercised correctly if the following conditions are fully met:

a) the notice of withdrawal must be sent to the Seller within 14 days of receipt of the products;

b) the authenticity tag attached to the garment by a disposable security seal must not be removed and must be perfectly intact. In no case will returns be accepted with the security seal cut, broken, detached, removed or tampered with;

c) the products must not have been used, worn, ironed, washed or treated in any way;

d) all the labels of the garment, both in fabric and pending, must necessarily be intact and in no case removed from the article;

e) the products must be returned in their original packaging or in any case packaged and packaged appropriately;

f) the returned products must be delivered to the shipper / carrier / courier within 14 days from when the User has notified the Seller by e-mail of the decision to withdraw from the contract;

g) the products must not be damaged in any way;

h) the Seller does not accept returns or exchanges for items with launch dates and / or Capsule collections;

i) swimwear and underwear (bikinis, briefs, boxers etc.) must be tried on over your personal underwear. Returns of these items will be refused and sent to the User if the transparent hygienic protection label has been removed, or if the items show signs of use;

l) the footwear must be returned without marks and in their original packaging and not damaged as an integral part of the product.

8.3 Shipping costs and any customs fees will be charged to the User and will be deducted from the final refund and the shipment will be at the User's own risk. The Seller is not responsible for any loss or damage due to inadequate packaging or delay in delivery.

8.4 After the Seller has received the return and checked that all the requirements indicated in art. 8.2. of the Conditions of Sale have been respected, the User will receive an e-mail confirming acceptance of the return, or, if a decrease in the value of the returned products is found, he will receive an e-mail in which the amount deducted by way of deduction of the reimbursement. The User can choose whether to accept the reduction of the refund due to the decrease in value of the returned products, or whether to request the return of the purchased products at his own expense.

In the event that the User refuses this option, the Seller reserves the right to withhold the products and the amount indicated for the reduction of the refund, due to the decrease in value of the returned products.

8.5 Whatever the payment method to be used, the refund is activated by the Seller as soon as possible, and in any case within 14 days from the date of receipt of the notice of withdrawal and in any case without undue delay. The refund due will be made using the same methods used by the User for the initial transaction. The reimbursement may be suspended until receipt of the goods, or until the User demonstrates that he has returned the goods, whichever is earlier.

 

9 . Warranty

 

9.1 The Seller does not sell second-hand products, flawed products or products of lower quality than the corresponding standards offered on the market.

9.2 The characteristics of the products are presented on Our Site within each product sheet. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used.

9.3 Product prices may be subject to updates. The User must ascertain the final sale price before submitting the relevant order form.

9.4 All products come with an identification tag attached with a disposable seal. Users are advised not to remove the tag and the relative seal from the purchased products, of which they form an integral part

9.5 The sale of products to the final consumer user is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code on the conformity of the products purchased within the limits of 2 years from the delivery of the goods provided that communication is given within 2 months since their discovery. The direct action to assert a lack of conformity not intentionally concealed by the Seller is prescribed, in any case, within 26 (twenty-six) months from the delivery of the product.

9.6 To exercise the right of guarantee, the User is required to inform the Seller by e-mail at lachiocciolariccione@gmail.com providing an accurate description of the defect found and asking to obtain the restoration of the conformity of the goods by repair or replacement. of the product at no cost to you. The Seller reserves the right to ask the User for photographic images of the products to be returned and in any case to check the product defect and if it ascertains the lack of conformity of the goods, it will repair or replace the product at its own expense, including delivery costs. . The User also has the right to request from the Seller an appropriate price reduction or the termination of the contract in the following cases:

- if the repair and replacement are impossible or excessively expensive;

- if the Seller has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days from the request;

- if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is in any case required to return the defective products to the Seller.

 

10 . Compensation and limitation of liability - indemnity

 

10.1 The User undertakes to indemnify and hold harmless the Seller (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these Conditions of Sale.

10.2 Our Site and all accessible features are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is given of the suitability of the services offered for the particular purposes set by the User.

10.3 The use of Our Site and of the functionalities accessible through the Seller is carried out by the Users at their own risk and under their own responsibility.

In particular, the Seller, within the limits of the applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the Seller's activity. Therefore, the Seller will not be responsible for:

- any losses that are not a direct consequence of the violation of the contract by the Seller;

- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships , loss of reputation or goodwill value, etc.);

- damages or losses deriving from interruptions or malfunctions of Our Site due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Seller such as, by way of example and not exhaustive , breakdowns or interruptions to telephone or electricity lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of third-party products, services or applications set off; and incorrect or unsuitable use of Our Site by Users or third parties.

 

11. Privacy

 

The User can obtain information on how we process your personal data by accessing the Privacy Policy and our General Conditions of Use.

 

12. Miscellaneous

 

12.1 The Seller reserves the right to make changes to the terms at any time, also in consideration of any regulatory changes. The General Conditions of Sale are effective from the date of publication on the website https://www.lachiocciolariccione.it/

12.2 All communications relating to La Chiocciola must be sent using the contact information indicated in the Contract.

12.3 Should any clause be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully valid and effective.

 

13. Applicable law and competent court

 

13.1 These General Conditions of Sale and, consequently, the contracts concluded with the Users, are governed by Italian law.

13.2. Any dispute arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the mandatory jurisdiction of the judge of the place of residence or domicile of the User.