GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
- The Seller's e-commerce services are available exclusively to end users, i.e. the consumers: pursuant to Art. 18 Legislative Decree no. 206/2005 (Consumer Code), a consumer is any natural person who is acting for purposes which are outside his or her trade, business, craft or profession. Therefore, these GTC do not apply to non-consumers, who shall order any product by contacting the Sales Department at firstname.lastname@example.org.
- In any case the Seller shall not be deemed liable for the supply of goods and/or services provided by third parties, even if they are found by the user of the Website through links, banners or other hypertext links.
- The Seller offers luxury products for sale on the Website (“Products”).
- The characteristics of the Products are described on the Website. However, considering that the Products are handcrafted, the colour, size and shape described on the Website are approximate and not binding for the Seller. In addition, due to the Internet browser or monitor used by the Buyer, the Products may not exactly correspond to the real garments in terms of image and colours. Deliveries cannot be refused by the Buyer due to such differences in colour, size and shape.
- All Products are sold with the corresponding Certificate of Authenticity, which must be carefully stored by the Buyer as it is necessary in order to be refunded after cancelling and returning the purchased Products (see § XI).
III. Order and Contract
- To place an order for the purchase of one or more Products, the Buyer must fill out the online order form and send it electronically to the Seller. The order form contains the following information: a link to the GCT, information on the main characteristics of each Product ordered, the relevant unit price (including all applicable fees and taxes), the method of payment, shipping and delivery terms and costs.
- By submitting an order form on the Website, the Buyer unconditionally accepts these GTC.
- An order is submitted when the Seller receives the online order form. After the order has been submitted, the Seller will check the content and process the order. Afterwards, the Seller will send the Buyer a purchase order receipt by e-mail; the contract is concluded when the Seller sends the abovementioned purchase order receipt.
- The order form will be filed in the Seller’s data base for the time required to process the order and as provided by law. The Buyer can visualize the order form by clicking on the Order History/Summary Section on the Website.
- In any case, the Seller reserves the right to refuse an order, for example in case of difficulties in delivering or shipping, when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In this case, the Seller shall inform the Buyer by e-mail, cancel the order automatically and refund the amount paid by the Buyer within 30 (thirty) days.
IV. Place of performance and transfer of risk
- The place of performance for deliveries by the Seller is its warehouse in Milan. The risk shall pass to the Buyer upon dispatch of the goods from the place of performance.
Any storage and warehousing costs due to the Buyer's failure to take charge of the goods, delays in clearing the goods through customs or due to charges not paid by the Buyer shall be at the expense and risk of the Buyer.
- Delivery times may vary depending on the Products that have been ordered. Even if delivery times are carefully estimated, they cannot be guaranteed by the Seller.
- In case Products cannot be delivered within the time expected at the moment of purchase, the Buyer will be informed and will have the right to cancel the order and to place a new one.
- Deliveries are normally made by courier in Europe. The express delivery service is usually done during standard working hours (from 8.00 to 18.00) and without prior phone notice.
For any specific request regarding the delivery time, the Buyer must select the option when placing the order; the Seller reserves the right not to accept this request in case the courier cannot guarantee the delivery time requested.
- The Seller shall be entitled to make partial deliveries at no extra charge.
- The prices of the Products are VAT inclusive. The prices do not include any taxes or duties applicable in the country the Products will be shipped to; therefore, they will be at Buyer’s charge.
- The Seller is entitled to change prices of the Products. However, the final price for the Buyer is the price set in the Buyer’s order form, confirmed by the Seller’s purchase order receipt.
VII. Terms of payment
- The price of the ordered Products and costs for shipping and delivery must be paid using one of the methods indicated on the Website.
- Invoices will be issued only electronically.
VIII. Retention of title
The Products remain the property of the Seller until full payment has been made.
IX. Notification of defects and withdrawal
The Buyer must inspect the goods immediately upon receipt and to give notice of defects in writing, pursuant to the Consumer Code.
- The Seller shall be liable in accordance with the Consumer Code (art. 128 ff).
- As the Seller is not accused of intent or gross negligence, the liability for damages in the event of a breach of material contractual obligations shall be limited to the price paid by the Buyer. This does not imply a change in the burden of proof to the detriment of the Buyer.
- The Seller will not be liable for any damages of any kind arising from the use of the Website and/or the Products.
- The Seller will not be liable for any non-performance or delay in performance of its obligations in the case that such non-performance or delay is caused by an event of force majeure. A case of force majeure shall be deemed to exist in the event of any unforeseeable, serious event, such as in particular war, terrorist conflict, epidemics or industrial disputes, which is beyond the Seller's control and as a result of which the Seller is prevented in whole or in part from fulfilling its obligations, including fire damage, floods, strikes as well as operational disruptions for which the Seller is not responsible or official orders and lawful lock-outs.
- The Buyer’s right of withdrawal provided by Art. 52 of the Consumer Code shall be exercised under the following conditions:
- the Buyer must have taken reasonable care of the Products without modifying or damaging them;
- the Buyer must correctly fill in and submit the return form within 14 (fourteen) calendar days from the date of delivery of the Products, by e-mail or standard postage to the following address: Stories of Italy srl, Via San Francesco d’Assisi, 15, 20122 Milan;
- the Products must be returned to the Seller in their original packaging, together with the original Certificate of Authenticity, within 14 (fourteen) calendar days from the date the Buyer has sent the above mentioned return form, using the DHL pre-printed label enclosed in the original packaging.
- If the Buyer decides to use a return courier other than DHL or other postage methods, he/she will have to pay for the costs of return shipping and will be responsible for any loss or damage to the Products.
- After receiving the returned Products and checking them, the Seller will provide for the refund (using the same payment method already used by the Buyer) and accordingly inform the Buyer by e-mail, specifying time and method regarding the refund.
- However, if the returned Products cannot be accepted under the above-mentioned conditions, the Seller will accordingly notify the Buyer. In this case, the Buyer may choose to have the Products reshipped free of charge. Otherwise, if the Buyer does not choose this option, the Seller will retain the Products as well as the amount paid for their purchase.
- In any case, the Seller will refund the total amount received for the returned Products, including standard delivery costs, if any have been paid, but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses.
Any dispute arising from the contract concluded with the Buyer shall be subject to the courts having jurisdiction for Milan.
XIII. Applicable law
The contractual relationship with the Buyer shall be governed exclusively by Italian law, with particular reference to Legislative Decree no. 206/2005 (Consumer Code) and Legislative Decree no. 70/2003 (E-commerce).
XIV. Final provisions
- Subsidiary agreements, amendments and supplements must be made in writing. This also applies to a waiver of this written form requirement.
- Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by a provision that is legally permissible and comes as close as possible to the original one.
- These GTC may be amended by the Seller from time to time due to new laws and regulations or other reasons. The new GTC shall be effective as of the date of publication on the Website.
Buyer’s signature ________
Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, the Buyer hereby declares to be aware of, to approve and to expressly accept the following clauses:
- § I.1 – prevalence of the Seller’s GTC
- § I.3 – limitation of Seller’s liability
- § II.2 – differences in colour, size and shape
- § III.2 – acceptance of the Seller’s GTC
- § III. 5 – Seller’s right to refuse an order
- § IV. 1 – transfer of risk
- § IV.2 – storage and warehousing costs
- § V.1 – delivery times
- § V.3 – choice of the courier
- § V.4 – partial deliveries
- § VI.1 – prices and additional costs
- § VI.2 – Seller’s right to change prices
- § VIII – retention of title
- § IX – notification of defects
- § X – limitation of Seller’s liability
- § XI.2 – Buyer’s obligations and responsibility in case of return
- § XI.4 – Seller’s right to retain products
- § XI.5 – refund and exclusions
- § XII – jurisdiction
- § XIII – applicable law
- § XIV.1 – writing form requirement
- § XIV.2 – invalid provisions
- § XIV. 3 – Seller’s right to amend GTC
Buyer’s signature ________