Date posted on website and effective from: 04/08/2014
These general terms and conditions of sale apply to purchases of Alviero Martini 1AClasse brand products (hereinafter, the “Products”) made via the www.alvieromartini.it e-commerce website (hereinafter, the “Website”).
The Website belongs to Alviero Martini S.p.A. of Via Argelati, 1/A - 20143 Milan, Italy (hereinafter, the “Proprietor”) and is managed by Triboo Digitale S.r.l. - a company in the Triboo group - with registered office at Viale Sarca, 336 - 20126 Milan, Italy, that is entered in the Milan Register of Businesses under Taxpayer Code and VAT registration no.: 02912880966.
Triboo Digitale S.r.l. sells the Products through the Website. The parties involved in purchases of Products made through the Website are Triboo Digitale S.r.l. in the role of seller (hereinafter, the “Seller”) and whoever purchases one or more Products (hereinafter, the “Customer”) (Seller and Customer are hereinafter referred to collectively as the “Parties”).
The Proprietor is not a party to these general terms and conditions of sale, but owns all rights to the Website’s domain name, the logos and the trademarks pertaining to the products offered in the Website, as well as the copyright to the contents of the Website.
Any and all Customer communications connected with or relating to purchases of Products – including any notifications, complaints and requests concerning the purchase or the delivery of Products, exercise of the right to cancel transactions, etc. – are to be sent to the Seller at the addresses and in the ways stated in the Website, using a contact form.
Each and every purchase is regulated by the version of these general terms and conditions of sale published in the Website at the time the Customer places an order.
The Website is devoted to retail sales. Orders cannot be placed by parties that are not natural persons and/or that purchase one or more Products for purposes associated with their business, trading, handicraft or professional activities. In any event, should one or more sales be made to such a party, these general terms and conditions shall apply, but, in departure therefrom:
a) the party concerned will not be entitled to cancel transactions as contemplated in article 10 hereof;
b) the party concerned will not benefit from the warranty on the Products contemplated in article 8 hereof;
c) the party concerned will not be entitled to any other forms of protection afforded hereunder to parties that are natural persons and purchase one or more Products for purposes that are not associated with their business, trading, handicraft or professional activities, which reflect or comply with mandatory provisions of the law;
d) the transaction concluded by and between the Seller and that party will be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.
A Customer who sends a purchase order agrees and accepts that confirmation of the information regarding the order placed and these General Terms and Conditions of Sale will be sent by e-mail to the address provided by same when registering with the Website or during the order process.
Customers must be of adult age (over 18) and legally and mentally competent in order to be able to purchase Products through the Website and they declare that they possess such requisites when they place an order.
Customers are liable for any and all costs incurred for Internet connection to the Website, including telephone expenses, at the rates charged by their chosen operators.
PRODUCT CHARACTERISTICS AND PRODUCT AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS
The Products are sold with the characteristics described in the Website and in compliance with the general terms and conditions of sale published in the Website at the time an order is placed, to the exclusion of any other term or condition.
The Seller reserves the right to amend these general terms and conditions of sale at any time and at its discretion, without the need to previously notify the Website’s users. Any amendments made will become effective as of the date they are published in the Website and they shall apply only to sales concluded from that date onwards.
The Products on sale in the Website, their characteristics and their prices may be changed without warning. Before placing an order in compliance with article 3 below, Customers are invited to check the final sale price of the relevant Products.
The Website can be visited by users in any part of the world. However, the Products available in the Website can only be purchased by users requesting delivery in one of the countries listed in the Website.
The Seller reserves the right to alter and/or improve any Product featured in the Website, without being obliged to make such alterations to previously sold Products.
2BIS. GIFT CARD
2BIS.1. Gift Card description and validity
2BIS.1.1. The virtual Gift Card is available for the fixed amounts foreseen on the Website and can be used by the Customer or by a third party to purchase any Product on the Website, except for additional Gift Cards, until the Gift Card’s value has been completely used. The Gift Card is not a nominative card. The Customer will be able to purchase one or more Gift Cards for himself/herself or give the Gift Card(s) to a third person as a present. The Gift Card purchased cannot be recharged and can be used repeatedly until the respective credit has been completely used only to purchase Products via the Website, except for additional Gift Cards.
2BIS.1.2. The Gift Card will be supplied in an electronic format and sent by e-mail; the Card can be purchased on the Website using the following link [add the link to the Gift Card section]. The fields referring to the name and the e-mail address will be precompiled with the respective details specified at the time the Customer registered on the Website in the case of a Customer who has already registered on the Website and followed the authentication procedure by logging into the Website.
2BIS.1.3. The Gift Card has a validity of 12 (twelve) months effective:
(i) from the date the Customer receives the e-mail to activate the Gift Card, or
(ii) from the date the third party receives the e-mail containing the Gift Card's code, if the Customer purchased the Gift Card and the Card was sent to a third party as a present.
2BIS.1.4. The amount paid to purchase the Gift Card will be transferred to the seller in a non-interest-bearing deposit, cannot be converted into ready cash, or credited to a credit card or to a bank current account.
2BIS.1.5. Purchasing the Gift Card is not subject to VAT, pursuant to Article 2, paragraph 3, sub-section a) of Presidential Decree No. 633/1972. Therefore, the purchase invoice will indicate the wording “Exempt from VAT pursuant to Article 2, paragraph 3, sub-section a) of Presidential Decree No. 633/1972”.
2BIS.2. How to purchase the Gift Card – Finalising the purchase agreement
2BIS.2.1. By selecting the relevant “buy as a gift” option, if the Gift Card is sent to a third-party as a present; the Customer may request the Gift Card to be sent to the third-party in delayed transmission, by selecting the Gift Card's transmission date within a period of ninety (90) days starting from the date the Gift Card is purchased. If no date is indicated for the Gift Card to be sent to the third-party, then the Gift Card will be sent by e-mail to the third-party as soon as effective payment of the Gift Card has been verified. The third party to whom the Gift Card will be donated will be entitled to use the Gift Card until its value is used fully, based on the following terms and conditions. The Customer will be requested to indicate the following details in the information sheet referred to the Gift Card to be donated to the third party:
- sender’s name (already compiled, if the Customer logged in at the Website);
- sender's e-mail (already compiled, if the Customer logged into the Website);
- recipient's name;
- recipient's e-mail;
- confirmation of recipient's e-mail;
- date the e-mail is to be sent (optional);
- text of accompanying message (optional).
If the Customer intends to purchase a Gift Card to give the Card to a third party as a present, then the Customer must communicate the name and e-mail address of the third party concerned during the respective purchasing process. The foregoing data will be processed exclusively to enable the Seller to send the Gift Card to the third-party by e-mail, to unlock the Card and to fulfil the Seller's consequent services and obligations.
Customer. The Customer is warned and states that he/she is aware that providing incorrect details of the third-party's e-mail address to whom the Gift Card is to be sent, as indicated by the Customer during the Gift Card purchasing process, will make it impossible for the third party to receive and use the Gift Card in question and the Seller will be exempt from any and all liability in this circumstance.
2BIS.2.2. The Customer will be able to view a summary of his/her order, and will have the opportunity to change the contents before the order is sent: therefore, after the Customer has carefully re-read his/her order, he/she must expressly approve these general terms and conditions of sale and the clauses which are indicated specifically, in accordance with Article 1341 of the Italian Civil Code, via the respective check-boxes on the Website and, lastly, the Customer will be requested to confirm his/her order by means of the “confirm order” tab. In this way the order will then be sent to the Seller and will produce the effects described in paragraph 3.2. below. While viewing the order summary, the Customer will also be requested to select the method of payment from among the methods available and indicated on the Website. If the Customer selects the immediate method of payment (at the same time as the purchase) by credit card, PayPal or immediate bank transfer, then the Customer will be required to confirm the respective relevant data via a secure connection. The Seller reserves the right to verify the general information indicated by the Customer for accounting and administrative purposes. If payment is made by credit card, the purchase amount will only be debited at the date the order acknowledgement is transmitted by the Seller to the Customer.
2BIS.2.3. At the end of the procedure specified in paragraph 2bis.2.2. above, a Customer that ordered one or more Gift Cards will receive an e-mail acknowledging his/her order, the e-mail will contain the order number, a summary of the order made and these general terms and conditions of sale.
2BIS.2.4. After completing the checks regarding the positive payment, made according to the methods selected by the Customer:
(i) The Customer will receive an e-mail to activate the Gift Card that includes the order number, the Gift Card's code and its value, the expiry date and a file in “PDF” format, one for each Gift Card purchased that contains the respective detailed information.
(ii) If the Customer purchased the Gift Card to give the Card to a third person as a present, then the Customer will receive an e-mail containing the order number, the Gift Card's code with the last characters hidden and the Card's value. If the Customer requested the Gift Card to be sent to the third-party on a certain date, then the Card activation e-mail will be sent on the date the Customer selected.
(iii) If the recipient of the Gift Card does not coincide with the Customer, then the recipient will receive a Card activation e-mail on the date selected by the Customer or on the date the effective payment is verified; the Card activation e-mail will indicate the name of the Gift Card Customer, the Customer's possible accompanying message, the request to click on a link to unlock the Customer's Gift Card, the privacy information and the terms and conditions foreseen to use the Gift Card, with an annex in “PDF” format that can be printed containing details referring to the Gift Card (including the respective code, the expiry date and the value of the Gift Card) and a summary of the terms and conditions to use the Card.
(iv) The Gift Card Customer will receive an additional e-mail to confirm that the third-party has received the gift after the Gift Card has been successfully unlocked by the third-party, via the link included in the e-mail referred to in point (iii) above. It is expressly understood that in the case of a Gift Card purchased to be given to a third-party as a present, the Gift Card's validity period of 12 (twelve) months will start from the date the third-party received the above mentioned activation e-mail referred to in point (iii), regardless of the date the Gift Card may be unlocked using the link included in the same e-mail.
2BIS.3.How to use the Gift Card
2BIS.3.1. The Gift Card can be used to purchase any Product on the Website immediately after the Card’s activation, or immediately after the Gift Card has been successfully unlocked by the third-party referred to in paragraph 2bis.2.4, point (iii), above, if the “buy as a gift” option has been selected; the Gift Card can also be used to cover delivery charges and greeting cards and gift packaging, if these are present and available on the Website. The Gift Card cannot be used to buy additional Gift Cards. The Gift Card's activation and use does not involve any additional cost.
2BIS.3.2.More than one Gift Card can be used for a given order of Products from the Website.
2BIS.3.3. The Gift Card code must be entered in the respective field on the virtual shopping basket page in order to purchase Products using one Gift Card.
2BIS.3.4. The Gift Card can be used to make more than one purchase on the Website until the full amount credited has been used, and within the Gift Card's validity period.
2BIS.3.5. If the total amount of the order exceeds the credit available on the Gift Card, then the excess amount must be paid by the Customer or by the third-party to complete the order using one of the methods of payment available on the Website.
2BIS.3.6. Subsequently, when the respective validity period (12 months) expires, the Gift Card cannot be used further and any remaining credit on the Gift Card will not be refunded.
2BIS.3.7. If one or more Products included in the purchase order paid (in full or partially) using a Gift Card are not available, then the Seller will cancel the order, with the consequent full refund of the respective amount paid. The Gift Card's credit used for this order will be credited back to the Gift Card within 14 days from the date the order was cancelled, while the remaining sum paid using other means of payment will be refunded using the same means of payment selected by the Customer when confirming the order. If the validity of the Gift Card used by the Customer expires during the period between the date one or more Products are purchased with the Gift Card and the subsequent cancellation of the same order, in accordance with this paragraph, then the validity of the Gift Card that the Customer used will be extended for a further 30 days.
2BIS.3.8. If the Customer is already registered with the Website then the Customer will be able to view the following details in his/her private area:
(a) the details of Gift Cards purchased for each single order;
(b) the status of each Gift Card (residual credit and expiry date) (excluding the Gift Cards given to a third-party as a present).
2BIS.3.9. The Customer or the third-party have the possibility of verifying the status of their Gift Cards (residual credit and expiry date) in the virtual shopping basket section, even without a prior registration on the Website, by clicking on “Verify the Gift Card” button and then entering the code of the Gift Cards in the respective field.
2BIS.3.10. The Customer is expressly warned and states that he/she is aware that knowledge of the Gift Card's code enables the Gift Card to be used by anyone via the Website: therefore, the Gift Card’s code must be diligently kept and protected by the Customer or by any third-party to whom the code has been disclosed. It remains understood that, with reference to the use of the Gift Card, the records - also the IT records - in the Seller's sales system shall prevail between the Customer or the third-party to whom the Gift Card has been given and the Seller.
2BIS.4. Right of withdrawal from the purchase of a Gift Card
2BIS.4.1. The Customer is acknowledged the right to withdraw from the purchase contract of a Gift Card, without any cancellation fee, within a period of 14 (fourteen) days from the date of purchasing the respective Gift Card, namely, from the date of receiving the Gift Card activation e-mail. The right of withdrawal referred to in this paragraph remains expressly excluded and it will not be possible to exercise the right of withdrawal with reference to a Gift Card that has been used in part or in full to purchase Products on the Website.
2BIS.4.2. In order to exercise the right of withdrawal, if the period referred to in paragraph 2bis.4.1 above has not expired and if the Gift Card has not been used, in full or in part, to purchase Products on the Website, then the Customer must inform the Seller of his/her decision to withdraw by forwarding an explicit declaration to “Triboo Digitale”, using the contact Form or the e-mail address [●], or by using the Attached form.
2BIS.4.3. As a result of the conditions envisaged in paragraph 2bis.4.2, above, the Customer will receive an e-mail to confirm withdrawal and to deactivate the Gift Card, containing the following details:
(i) the order number from which withdrawal is made,
(ii) the code of the Gift Card subject to withdrawal and deactivation - with the last characters hidden in the case of a Gift Card purchased and given to a third-party as a present;
(iii) the expiry date and value of the Gift Card. In the case of withdrawal exercised with reference to a Gift Card purchased in order to be given to a third-party as a present, the third-party will receive an e-mail to inform that the Gift Card has been deactivated as a result of the Customer exercising the right of withdrawal.
2BIS.4.4. In the case of withdrawal pursuant to this paragraph 2bis.4, the Customer will be refunded the amount paid to purchase the Gift Card, without undue delay and in any event, no later than 14 (fourteen) days from the communication of the intention to exercise the right of withdrawal. The foregoing refund will be made using the same means of payment adopted by the Customer when the Gift Card was purchased, unless the Customer requests the refund by a different means of payment: in this latter case any additional costs arising as a result of the refund being made by the different means of payment will be borne by the Customer.
2BIS.5. Right of withdrawal from a purchase of Products made using a Gift Card
2BIS.5.1. If one or more Products are purchased using a Gift Card, the Customer will be able to exercise the right of withdrawal in accordance with Article 10 of these terms and conditions of sale. In these cases, exercising the right of withdrawal will affect the order as a whole and, therefore, necessarily all the Products which were purchased must be returned. If the right of withdrawal is exercised by the Customer with reference to the purchase of Products paid, partially or totally, with the credit resulting from a Gift Card, and if the conditions set out in Article 10 of these general terms and conditions of sale occur, then the amount paid with reference to the purchase order for which the right of withdrawal is exercised will be credited back to the Gift Card in question, within 14 days from the date the right of withdrawal was exercised with reference to the portion paid using the Gift Card. The Customer will be able to spend the amount credited back subject to the terms and conditions described above, and any additional amount paid using any other means of payment available on the Website will be refunded to the Customer, subject to the terms and conditions referred to in paragraph 10.5 of these general terms and conditions of sale, net of any stamp duties, via the same means of payment, unless the Customer requests the refund to be made using a different means of payment: in this latter case, any additional costs resulting from the refund being made via this different means of payment shall be borne by the Customer. If the period of validity of the Gift Card used by the Customer expires during the period between the purchase of one or more Products made using the Gift Card and the date the Customer subsequently exercising the right of withdrawal with reference to the same purchase order, then the validity of the Gift Card will be extended for a further 30 days.
PURCHASING PROCESS - CONCLUSION OF EACH INDIVIDUAL SALE TRANSACTION
The presentation of the Products in the Website, which is not binding on the Seller, consists in a simple invitation to Customers to submit a contractual proposal to purchase them and is not an offer addressed to the general public.
An order sent by a Customer to the Seller via the Website has the validity of a contractual proposal and is regulated by these general terms and conditions of sale, which form an integral part of the order itself and which the Customer, by placing the order with the Seller, agrees to in their entirety and without any reservation. Before purchasing Products by placing an order, Customers are asked to carefully read these general terms and conditions of sale and the information on the right to cancel transactions, print a copy of same by using the print function and/or save a copy for their own use. Customers are also asked to check for and correct any errors made while inputting their data.
A Customer’s order is accepted by the Seller when it sends the Customer - to the e-mail address provided by the Customer when registering with the Website or when placing the order in the case of Customers not registered with the Website - an e-mail confirming the order placed that contains the link to the text of these general terms and conditions of sale, a summary statement of the order made and a description of the characteristics of the Products ordered. The Customer’s order, the Seller’s confirmation of that order and the general terms of conditions of sale applicable to the contract between the Parties will be stored in digital format by the Seller in its computer systems and the Customer may request a copy of same using a contact form.
Except as specified below, each and every transaction involving the purchase/sale of Products shall nevertheless be considered concluded after the Customer’s receipt of the Seller’s confirmation of the order by e-mail and once the Seller collects payment of the price of the Products sold, the relating delivery charges and any other amount payable by the Customer as established in articles 6 and 7 below. Only in the case of sales against payment on delivery will the transaction be considered concluded upon the Customer’s receipt of confirmation of the order by e-mail.
PROCEDURE FOR SELECTING AND PURCHASING PRODUCTS
Customers may purchase the Products featured in the Website by selecting those they wish to buy, which are put into their virtual shopping basket. Once the Product selection process is completed, in order to purchase such Products the Customer will be asked (i) to register with the Website, providing the information requested, or (ii) to log in to the Website if already registered with it, or [and] (iii) to provide his/her data in order to complete the order and enable the conclusion of the transaction. Should the data provided in the order be different to those provided when registering with the Website, the Customer will be asked to confirm his/her data (for example: first name, surname, etc.), as well as the address to which the Products selected are to be delivered, the invoicing address and a telephone number on which he/she can be contacted if necessary with regard to the purchase made. The Customer will see on his/her screen a summary of the order to be filled and will be able to alter its contents; then, after carefully reading them, the Customer is asked to expressly approve these general terms and conditions of sale by checking the apposite box in the Website and will lastly be asked to confirm the order by clicking on the “Order Confirmation” tab, after which the order will be definitively transmitted to the Seller and will produce the effects described in article 3 hereof. The Customer will also be asked to select the delivery option and method of payment from among those offered. Should the Customer choose to pay immediately (concurrently with purchase) by credit card, PayPal or immediate bank transfer or – if credit is available thereon – by Gift Card, he/she will be required to provide the relevant details via a secure connection. In order to meet its own accounting and administrative requirements, the Seller reserves the right to check the details provided by Customers. If payment is made by credit card, the amount due will only be charged when the Seller sends its order acknowledgement to the Customer.
DELIVERY AND ACCEPTANCE OF GOODS
The Website states whether Products are in stock or not and their estimated delivery times; that information is nevertheless to be considered purely indicative and not binding on the Seller.
The Seller undertakes to use its best efforts to meet the delivery terms stated in the Website and, in any event, to make deliveries within a maximum of thirty (30) days of the day after the date on which the Seller accepts the Customer’s order and collects payment of the price, the delivery charges and any other amount payable by the Customer. Only in the case of sales against payment on delivery, the Seller undertakes to use its best efforts to meet the delivery terms stated in the Website and, in any event, to make deliveries within a maximum of thirty (30) days of the day after the date on which the Seller accepts the Customer’s order. If the Seller fails to fill an order due to a Product being even just temporarily out of stock, the Seller will so notify the Customer in writing and refund the amount already paid by the Customer for that Product.
Products ordered by a Customer will be consigned in the way chosen by the Customer from among the options available and offered in the Website at the time the order is placed. The Customer undertakes to check as soon as possible that the consignment contains all the Products purchased and only them and to promptly inform the Seller of any fault in the Products received or their discrepancy with the order placed, following the procedure set forth in article 8 of these general terms and conditions of sale, otherwise the Products will be deemed accepted. Should the packaging or the packing containing the Products ordered by the Customer be obviously damaged when they reach their destination, the Customer is invited to refuse their delivery by the carrier/shipper or accept it “with reservation”.
PRICES, DELIVERY CHARGES, TAXES AND DUTIES
A Product’s price is that reported in the Website at the time the Customer places an order. Prices are inclusive of standard packaging costs and, where stated in the Website, inclusive of VAT (if applicable) and any other indirect taxes (if applicable) and/or excise duties, whereas they do not include delivery charges, which are calculated in the order confirmation that the Seller sends to the Customer and the Customer undertakes to pay them to the Seller in addition to the price reported in the Website.
The Customer has to pay to the Seller the total price of the Products ordered, the delivery charges and any other amount due as reported in the order confirmation that the Seller sends to the Customer by e-mail.
If, during the Product selection process, it is made clear that the price charged for a Product is not inclusive of any indirect taxes and excise duties, the Customer hereby undertakes to pay, in addition to the price stated in the order and confirmed in the order confirmation, any and all applicable taxes and excise duties payable under the laws of the country in which the Products are to be delivered. Customers are invited to obtain information about any excise duties or taxes applied in the country where they live or where the Products are to be delivered from the competent authorities in those countries.
Customers are liable for any and all additional costs, charges, taxes and/or duties whatsoever that a given country may apply, on any grounds, on Products ordered pursuant to these general terms and conditions of sale.
Customers hereby acknowledge that their ignorance at the time they place an order with the Seller of the costs, charges, excise and other duties and/or taxes contemplated in the foregoing §§ 6.3 and 6.4 cannot constitute cause for terminating this agreement [for cancelling the order] and that under no circumstance can the relating sums be charged to the Seller.
The price of Products purchased through the Website, the relating delivery charges and any and all other amounts due are to be paid within the mandatory term of ten (10) days after the date on which the Seller sends the order confirmation to the Customer. The Customer expressly accepts that the Seller’s performance of the contract shall start when the price of the Product(s) purchased, the relating delivery charges and any and all other amounts due are credited on its bank account, also because no transaction can be considered concluded until such payment is collected. It is hereby understood that, upon the expiry of said ten-day term, the Seller may refuse to perform the contract and return any payment received after that date; in such case, the contract will be terminated without either of the Parties being under any further obligation.
Payment may be made by credit card or through PayPal or – if credit is available thereon – by Gift Card, on the terms and conditions set out below. The Seller may allow Customers to use other additional methods of payment by including them in the payment options offered in the relevant section of the Website.
Customers who pay by credit card will be transferred to a secure server and their credit card details will be disclosed directly to Global Collect Service BV, a company with registered office in Amsterdam (Netherlands), at Planetenweg 43-49, 2132 HF, Hoofddrop, registered with the Amsterdam Chamber of Commerce at no. 34140462, which processes payments on behalf of the Seller. The data disclosed will be transmitted in secure mode via an encrypted link using SSL (Secure Socket Layer) technology at 128 bit. Not even the Seller is able to access such data.
Customers who pay by bank transfer to the Seller must quote the “Swift” code and the “IBAN” provided in the order confirmation, as well as the relevant order number.
Customers may pay the Products by Gift Card, by entering their Gift Card code in the respective field on the virtual shopping basket page.
If required under applicable laws, the Seller will promptly send the Customer a receipted bill of sale in digital format to the e-mail address provided by the Customer if the Products purchased are to be delivered in the territory of Italy, or, in all other cases, in hardcopy enclosed with the Products.
THE SELLER'S WARRANTY, NON-COMPLIANT PRODUCTS AND WARRANTY CLAIMS
In compliance with and to the effects of European Directive no. 99/44/EC and Italian Legislative Decree no. 206/2005 (the Consumer Code) the Seller warrants to Customers that the Products will be without faults in their design and materials and consistent with their descriptions published in the Website for a period of two (2) years from the date they are delivered to Customers. No warranty shall apply if a Product has been used or washed improperly and/or inconsistently with the instructions/warnings imparted in such regard by the Seller and/or the Proprietor or contained in the relevant explanatory documents or written on tags or labels.
On pain of forfeiture of this warranty, Customers are obliged to report any faults and/or inconsistencies no later than two (2) months after their discovery by sending the apposite form [click here to download the form to be used to return faulty Products], duly compiled, stating the fault and/or inconsistency discovered and attaching the documentation required as stated in said form (at least one (1) photograph of the Product, the order confirmation sent by the Seller and/or the receipted bill), by e-mail to the Customer Service department at the following address: email@example.com).
Following its receipt of such a claim and the relating documentation, the Seller will examine the faults and/or inconsistencies reported by the Customer via the Proprietor’s Customer Care department and, after carrying out the quality controls required to verify the Product’s effective inconsistency with its description, will decide whether to authorize the return of the Product(s) in question and so inform the Customer by e-mail sent to the address provided by the latter when registering with the Website or when placing the relevant order, providing the Customer with a “Returned Goods Code” if authorization is granted. Under no circumstance will an authorization to return Products constitute an admission of faults or inconsistencies, the existence of which will have to be ascertained after their return. Products whose return is authorized by the Seller are to be returned by the Customer concerned, together with copy of the notice authorizing their return that contains the relevant “Returned Goods Code”, within thirty (30) days of the date of such authorization, to the following address:Triboo Digitale S.r.l. c/o Arcese Logistic
Via Groane 6
20811 Cesano Maderno (MB) – ITALIA
In conjunction with the Proprietor’s Customer Care department, the Seller will decide whether it is possible to repair the Product and thus render it consistent with its description, within a reasonable timeframe and taking account of the kind of item concerned.
If it is not feasible to repair a Product, the Seller undertakes that it will reimburse the price paid to the Customer; where possible, such sum will be returned using the same payment method used by the Customer to purchase the Product or by bank transfer. Customers are required, when claiming against the warranty or by using a contact form, to provide the Seller with the details of their bank account needed for bank transfer purposes so as to enable the Seller to return the amount due.
If the purchase price has been paid, totally or in part, by Gift Card, the reimbursement procedure shall be regulated by the provisions contained in §2bis.5. above.
LIABILITY FOR DAMAGES ENSUING FROM FAULTY PRODUCTS
The relevant provisions of European Directive no. 85/374/EEC and Italian Legislative Decree no. 206/2005 (the Consumer Code) shall apply in any case of damages caused by faults in Products.
RIGHT TO CANCEL-INFORMATIVE NOTICE
Subject to the provisions of §§ 2bis.4 and 2bis.5. above, Customers are entitled to withdraw from any transaction concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within fourteen (14) days of the date on which (i) a Product is delivered, or (ii) the last Product is delivered when a number of Products are purchased by means of a single order but delivered separately.
A Customer wishing to exercise their right to cancel must so notify the Seller before the expiry of the term stated in the foregoing § 10.1 by going to the “My Returns” page in the “My Account” section of the Website or, if they are not registered with the Website, by going to the dedicated page and inputting the relevant order number and the e-mail address used to purchase the Products in question. As an alternative, Customers may send the Seller an explicit statement of their decision to cancel using a contact form or send the annexed cancellation form to the following e-mail address: firstname.lastname@example.org.
A Customer who fulfils the requirements set forth in the foregoing 10.2 will receive an e-mail confirming his/her exercise of the right to cancel, containing the returned goods form to be sent back in the same parcel as the Product(s) being returned and instructions on how the Product(s) is/are to be returned. Said parcel is to be sent no later than fourteen (14) days thereafter to:Triboo Digitale S.r.l. c/o Arcese Logistic
Via Groane 6
20811 Cesano Maderno (MB) – ITALY
Customers shall be liable for all risks and the costs incurred in connection with the return of Products. The Website offers Customers the option of using a Product returns service at costs to be specified case by case. Customers are free to decide whether to use that service or not.
Customers who cancel a purchase order will be reimbursed the full price of the purchased Product(s), including delivery charges, if the withdrawal concerns all the items covered by the order (with the exclusion of any additional costs due to the Customer having chosen a delivery service other than the less expensive standard delivery proposed) without undue delay and, in any event, no later than fourteen (14) days after the date on which they exercise their right of withdrawal. The relevant amount will be reimbursed using the same method of payment used by the Customer concerned to purchase the Product(s), unless the Customer requests a different method of payment, in which case the Customer shall be liable for any additional costs ensuing from such different method of payment. Reimbursement may be suspended until the Products to be returned are received or the Customer provides proof that the Products have been sent back, whichever occurs first. If the purchase price has been paid, totally or in part, by Gift Gard, the reimbursement will be made in compliance with the provisions of 2bis.5 above.
Customers are liable for any loss of Product value resulting from a Product being handled in any way other than as necessary to establish its nature, characteristics and working order.
INTELLECTUAL PROPERTY RIGHTS
The Customer confirms that he/she has been informed that all trademarks, names, as well as all distinctive marks, appellations, images, photographs, written texts and graphics used in the Website and/or in connection with the Products are and will continue to be owned exclusively by Alviero Martini S.p.A. and/or its successors in title and that no right to same shall ensue to the Customer as a result of visiting the Website and/or purchasing Products.
The Website’s contents cannot be reproduced, whether in full or in part, transferred using digital or traditional equipment, altered or used for any purpose whatsoever without Alviero Martini S.p.A.’s prior written consent.
CUSTOMERS' DATA AND DATA PROTECTION
The Website requires Customers to provide certain personal data in order to be able to register with it, place orders and thus conclude sales transactions. The Customer acknowledges that the personal data he/she provides will be recorded and used by the Seller and Alviero Martini S.p.A. in accordance and compliance with the provisions of Italian Legislative Decree no. 196/2003, as subsequently amended and supplemented (the Data Protection Code), in order to complete each purchase made through the Website and, with the Customer’s consent, conduct any additional operations as stated in the apposite Privacy Notice furnished to Customers via the Website when they register with it.
The Customer represents and warrants that the data he/she supplied to the Seller during the registration process and/or when purchasing Products are valid and correct.
Customers may update and/or alter the personal data supplied to the Seller by going to the dedicated section of the Website’s “My Account” area, which can be accessed by logging in.
The Customer acknowledges that, if he/she wishes to buy a Gift Card to be given as a present to another person, he/she shall be required to provide the Seller with the personal data of such person, who will then receive the privacy notice pursuant to art. 13 of Legislative Decree no. 196/2003, as amended and supplemented.
12BIS. THIRD PARTY'S DATA COLLECTED TO SEND A GIFT CARD
The personal data of a third party (name and e-mail address) designated during the purchasing process as the recipient of a Gift Card given as a present will be processed exclusively to enable Triboo Digitale S.r.l. to send the Gift Card to the third-party by e-mail, to unlock the Card and to fulfil the consequent services and obligations.
Even though the Seller puts measures in place to protect personal data against the possibility of their theft, falsification, manipulation and improper use by third parties, by reason of the characteristics of and the technical limitations pertaining to the protection of digital communications via the Internet, the Seller is unable to guarantee that the information or data that a Customer sees in the Website, even after logging in, cannot be accessed or seen by unauthorized third parties.
In respect of data relating to payments by credit card, the Seller avails itself of the services provided by Global Collect Service BV, which uses technological systems capable of assuring the highest levels of reliability, security, protection and confidentiality during the online transmission of information.
GOVERNING LAW, ATTEMPT AT AMICABLE SETTLEMENT AND JURISDICTION
Each transaction concluded by and between the Seller and Customers pursuant to these general terms and conditions of sale will be regulated and construed in compliance with Italian law, and in particular with Legislative Decree no. 206 of 6 September 2005 (the Consumer Code), making specific reference to the legislation on distance contracts (remote sales), and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any event, any rights granted to consumers under mandatory provisions of the laws in force in their own country shall not be affected.
Should a dispute arise between the Seller and a Customer, the Seller hereby guarantees that it will take part in an attempt to reach amicable settlement that an individual Customer may initiate with RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce that makes it possible to reach a satisfactory agreement with the help of an impartial and skilled mediator, in the context of an amicable and secure online procedure. Customers requiring more information about the rules governing the RisolviOnline service or who wish to apply for settlement should visit www.risolvionline.com.
If the attempt at settlement contemplated in the foregoing 14.2 is not pursued or proves unsuccessful, the dispute will be remitted to the exclusive jurisdiction of the Court of Milan, unless this clause is not applicable under mandatory provisions of the law in force in the Customer’s own country.