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1. TERMS AND CONDITIONS
The e-shop of the website livianaconti.com is managed by Abraham Industries srl, with registered offices in via Fosse Incrociate n. 284, Santarcangelo di Romagna (RN), Italy, with a share capital of Euro 50.960,00, Companies Register of Rimini, Fiscal Code and VAT number 01729810406, REA: Rimini n. 327602, the company that will deal with all the following operations, related to the on-line sales on the Italian territory and in the other Countries of the Euro-zone of the products bearing the Liviana Conti trademark, for example, but not by way of limitation: order-handling, sales and product deliveries, returns management, warranties of conformity of the products with the sales contract and with what is established therein pursuant to the current legislation, the payments and the invoicing, hereafter only “Abraham Industries”.
2. GENERAL TERMS OF SALE
The present general terms of sale define the rights and obligations of the parties in the area of the on-line sale of goods offered by the seller to the consumer. The process of sale at a distance described in these general terms of sale is reserved exclusively to the consumers, i.e. those natural persons who have purposes other than the entrepreneurial, commercial, artisanal or professional activity eventually carried out under article n. 3 of the D.lgs. n. 206/2005 (hereafter the “Client” or the “Clients”). The system, which requires an action by the Client, is realized in compliance with the legislation on sale at a distance as regulated by the Consumer Code (D.lgs. n. 206/2005) as subsequently amended and supplemented.
3. AREA OF APPLICATION
The present general terms of sale apply to all the Liviana Conti products sold at a distance through the website livianaconti.com. The present general terms of sale at a distance shall have to be accurately examined by the Client before completing the purchase of the products. Each order made for a product offered on the e-shop of the website www.livianaconti.com implies first of all the consultation and acceptance of these general terms of sale as well as the payment terms described below. The confirmation of the purchase order implies full acceptance of these terms. The Client, with the acceptance of the purchase order on the website www.livianaconti.com, also acknowledges that Abraham Industries is not subject to terms of sale and/or payment other than the present, if not previously agreed upon in writing with the Client. The terms of sale described herein shall be applicable and binding as long as said terms are published on the website livianaconti.com. Any future amendments shall be published on the website and shall apply exclusively to the orders made from the day following said publication.
4. IDENTIFICATION OF THE SELLER
Abraham Industries srl, with registered offices in via Fosse Incrociate n. 284, Santarcangelo di Romagna (RN), Italy, with a share capital of Euro 50.960,00, Companies Register of Rimini, Fiscal Code and VAT number 01729810406, REA: Rimini n. 327602, on-line distributor of the products with the Liviana Conti trademark for the Italian market and for the market of the Euro-zone Countries.
5. OWNER OF THE DOMAIN LIVIANACONTI.COM
Abraham Industries srl, headquartered in via Fosse Incrociate n. 284, Santarcangelo di Romagna (RN), Italy, with a share capital of Euro 50.960,00, Companies Register of Rimini, Fiscal Code and VAT number 01729810406, REA: Rimini n. 327602.
6. INFORMATION ABOUT THE PRODUCTS
The website livianaconti.com offers for sale only the products bearing the trademark Liviana Conti. Abraham Industries does not sell used or irregular products, or of non-standard quality compared to the ones offered on the market. The essential features of the products are displayed on the website livianaconti.com inside each product fiche. The pictures and the colours of the products offered for sale on livianaconti.com may, nevertheless, not correspond with the real ones for reasons attributable to the internet browser or the screen used by the Client. An identification label is attached to each product. The Clients shall not remove the said identification label from the purchased product to preserve their right of withdrawal, to be exercised in the terms provided for by article 52 of the D. Lgs n. 206/2005 (Consumer Code). Otherwise, Abraham Industries may decide not to accept the return of the products without the identification label or that have been modified or tampered with in their essential and qualitative features or that have been damaged.
7. PRODUCT ORDERS
The order can be made through the website livianaconti.com following step by step the instructions specified on the website itself. If the process is carried out correctly, Abraham Industries shall immediately communicate the receipt of the order, retaining the right to carry out a standard check of pre-authorisation on the Client’s payment card with the purpose to verify that there are sufficient funds to carry out the transaction. The order shall be accepted only once that Abraham Industries shall obtain the confirmation of the successful payment of the purchase of the product. Abraham Industries retains the possibility to communicate, within 10 days of receipt of the purchase order, a possible failure to fulfil the order, followed by the immediate cancellation of the order and the associated release of the whole amount retained for the payment, including the shipment costs. This may occur in the case of a depletion of all the stocks or if the order does not correspond to the common needs of consumption (that has to be verified, e.g., but not by way of limitation, in relation to the number of the purchased products in each single order, in case of multiple orders related to the same product etc.) or for reasons of force majeure.
Each payment shall be made by the Client only via the credit cards indicated on the website livianaconti.com or via PayPal. The total amount of the order is retained on the credit card or on the PayPal account of the Client at the time of submitting the order to Abraham Industries, with the acceptance of the latter as provided in accordance with article 7 of these general terms of sale. To carry out the payment, the Client shall have: -in case of payment by credit card, to confirm on the website livianaconti.com the data of the owner of the credit card used for the purchase; then to communicate on the website the 6-digit number and the expiration date, as well as the relating security code; - in case of payment by PayPal, to digit the log-in information in the appropriate space of the PayPal web page to which the Client shall be automatically redirected, to carry out the payment under the instructions of use of the provider. The order shall be considered successfully carried out after the fulfilment of the payment operations, once the Client shall be redirected onto the page of the website livianaconti.com with the confirmation of the order acceptance.
9. PRODUCT PRICE
The product price published on the website relates to the single item of clothing, is expressed in Euro and including VAT. The shipping costs are not included in the purchase price, but they are indicated and calculated at the end of the purchase operations, before the payment and they have to be borne by the Client. Pursuant to article 53 of the D. Lgs. n. 206/2005, the Client receives, at the moment of the acceptance of his order in accordance with article 7 of these general terms of sale, the written information about the ordered Products, the paid amount, the detail of the price of each Product, the shipping costs, as well as the information about the withdrawal right and about the assistance services and warranty of conformity of the Products under the current legislation.
Abraham Industries delivers throughout Italy availing itself of the private carrier Bartolini Spa and to the other Countries of the Euro-zone of the private carrier UPS. The purchased Product, together with the invoice, shall be delivered to the address specified by the Client at the time of the on-line order. The delivery shall be fulfilled within 30 days following the day after the order acceptance in accordance with article 7 of these general terms of sale, pursuant to article 61 of the Consume Code. The delivered Products shall become property of the Client at the moment of the receipt, with the subsequent responsibility of the latter in case of possible loss or damage to the Products from that moment onwards. Thus, the Client is invited to refuse the package if it is found at the moment of the delivery tampered with or damaged and to send a timely report to our customer service.
10.1 DELIVERY IN ITALY
If the consignee or the other person authorized to receive the parcel cannot be found at the time of the first delivery attempt, the private carrier shall release a written notice with the details about the delivery attempt that has been made, the codes and the contact info to arrange another date with the same carrier for the delivery. If the carrier does not receive different instructions from the Client, he shall attempt another delivery and, if unsuccessful, the products to be delivered shall be stored. From the storing date, the Client shall be allowed to go to the indicated subsidiary where the Products are stored with an identity document and to pick up the goods. If the Client does not pick up the Products within 10 days as provided above, the order shall be returned to Abraham Industries, with consequent refunding of the relating Product price, net of shipping costs. If the Products are not delivered to the Client within 5 working days after the date of shipment, as communicated to the Client by Abraham Industries at the same time, and if it is not possible to track the position of the parcel via the on-line system provided to the Client, the latter shall have to communicate to Abraham Industries the unsuccessful Products delivery, via the “Contacts" page inside the Customer Service section of the website livianaconti.com. Abraham Industries undertakes to ensure a new shipment of the lost Products within 48 (forty-eight) hours after the report, without prejudice to possible unavailability of the Products or reasons of force majeure; in that case the order shall be cancelled and at the same time the amount retained for the payment shall be returned.
10.2 ABROAD DELIVERY (COUNTRIES OF THE EUROZONE)
If the consignee or the other person authorized to receive the parcel cannot be found at the time of the first delivery attempt, if there is a UPS access point in the range of 5 Km from the address of the Client, the private carrier shall drop off the Products at such place where they shall be stored for the next 10 days, releasing a written notice with the details about the delivery attempt that has been made, the codes and the contact info of the UPS access point. Within the above-mentioned term the Client, with an identity document, shall be allowed to pick up the Products or, as an alternative, to request the delivery to the same communicated address. If the Client does not pick up the Products within 10 days as provided for above, the order shall be returned to Abraham Industries, with consequent refunding of the relating Product price, net of shipping costs. If there are no UPS access points within the range of 5 Km from the address of the Client, the private carrier shall release a written notice with the details about the delivery attempt that has been made, the codes and the contact info to arrange a next date with the same carrier for the delivery. That first delivery attempt shall be followed by two more attempts with the same procedure (written notice and possibility to arrange another delivery date with the carrier). If the consignee or the other person authorized to receive the parcel cannot be found at the time of the third delivery attempt, the private carrier shall release a written notice communicating the return of the ordered products to Abraham Industries with the consequent refund of the relating Product price, net of shipment costs. If the Products are not delivered to the Client within 5 working days following the date of shipment, as communicated at the same time to the Client by Abraham Industries, and if it is not possible to track the position of the parcel via the on-line system provided to the Client, the latter shall have to communicate to Abraham Industries the unsuccessful delivery of the Products, via the “Contacts" page inside the Customer Service section of the website livianaconti.com. Abraham Industries undertakes to ensure a new shipment of the lost Products within 48 (forty-eight) hours after the report, without prejudice to the possibility that the Products have become unavailable or that reasons of force majeure may occur; in that case the order shall be cancelled and at the same time the amount retained for the payment shall be returned.
11. EARLY TERMINATION AND RETURNS
In accordance with the applicable legal provisions and in particular with art. 52 of the legislative decree 206/2005, the Client has the right to cancel the purchase order within 14 days following receipt of the product/s; in such case the client shall receive reimbursement of the costs of the order net of any transportation costs for consignment of the product/s. Independently of the way to terminate the order chosen by the Client, the returned product has to be shipped complete and unused, together with the original packaging and any eventual accessories, in the same state as it has been received, no later than 14 days following the date in which the cancellation of the purchase has been communicated. In particular, the Client has to make sure that: -the product has not been used or suffered damages during evaluation; -the product has not become dirty or been washed; -the product is complete with any original pendants, etiquettes, and trimmings; -the product has not been changed in whatever way. If the returned Product does not comply with the foregoing or if the returned Products are damaged, incomplete, deteriorated and/or dirty, no reimbursement shall be made and they shall be sent back to the Client at the latter’s expenses. The Client shall be informed about the acceptance or refusal by means of an e-mail.
11.1 RETURNS VIA E-COMMERCE
The Client who intends to exercise such right has to acces his account in the section relating to the orders and to compile the return form with access to the order history of the website. In said form, the Client shall indicate: - his personal data; - indication of the order and choose a reason for the return from those mentioned in the form; - his choice concerning reimbursement of the paid amount or receipt of a voucher for a new purchase order. For any and all returns in Italy, the Products have to be handed over to the carrier “Bartolini”, which will pick up the Products from the Client within 24 hours following the request. For any and all returns from other countries that are part of the Euro-zone, the client has to apply the “return label” that he has received together with the Product and hand it over to the carrier UPS which will pick it up within 5 days following the request. The procedure to follow for handing over the Products to the carrier are described in detail on the website. The costs for returning the products via carrier shall be borne by Abraham Industries.
11.2 RETURNS AT THE SALES POINTS
The Client who intends to exercise such right has to access his account in the section relating to the orders and select the option “returns at the sales points” with selection of the shop where he intends to return the products. The Client may return the Products in the Liviana Conti shops listed on the website within the time limit specified in art. 11.. The sales manager shall carry out the necessary controls on the returned Product in order to verify its completeness (original packaging, absence of damages and/or modifications …) and she has the right to refuse the returned Product if it does not comply with the requested integrity.
12. REIMBURSEMENT OR PURCHASE VOUCHER
If the Client should terminate the order in compliance with art. 11 above, he has the right to ask for a reimbursement of the amounts already paid or claim a voucher of the same amount to be used within the time limits and under the conditions set forth in articles 11.1 and 11.2. If the Client chooses reimbursement of the paid amounts , the operators or sales managers have first to ascertain that the products have not been used or damaged (please see also art. 11 concerning the integrity of the returned Products). The Client will subsequently receive an e-mail to confirm the positive outcome of the return; Abraham Industries shall than, within 14 days upon receipt of the returned Products, reimburse the same amount as the Client has paid for the returned Products with the same payment method chosen at the time of the purchase. If the reimbursed amount should be incorrect, the Client has to contact the Customer Service to obtain a rapid solution of the problem. If the Client asks for a purchase voucher, the voucher – with a validity of three months – shall be sent via e-mail to the address indicated by the Client no later than 14 days following receipt of the returned Products to be used by the Client for a future single purchase.
13. ARTICLES THAT HAVE NOT BEEN ORDERED, ARE DAMAGED OR DO NOT CONFORM WITH THE ORDER
We wish to inform the Clients that livianaconti.com applies severe quality controls to its Products and the packaging materials in order to warrant their sale in perfect conditions. Additionally, in order to further safeguard who makes a purchase at a distance, every single Product sent out by livianaconti.com is controlled prior to shipment. If the colour of the Products received by the Client should not correspond to the Client’s expectations at the time of the order, he has the right to return the Product within the return period (14 days beginning with the delivery of the ordered goods to communicate the termination request and further 14 days to hand over the returned Product to the carrier or to hand over the returned Product at the chosen Liviana Conti sales point) in application of the return procedure as described in articles 11.1 and 11.2. If the Product is damaged or has not been ordered by the Client, the Product can be returned immediately as indicated in articles 11.1. and 11.2 with indication of the reason for the request. The delivery costs for returning the Products shall be fully borne by Abraham Industries. If there should be evidence of the fact that the parcel, upon receipt, appears to be altered or non complete and that therefore the Product has been damaged during transportation, the Client is obliged to refuse the parcel. Abraham Industries shall reimburse the sold Product that has been damaged during transportation by the carrier, under the condition that the Client has informed our Customer Care Service in writing, by means of an e-mail sent to the address email@example.com, about the damages, no later than 48 (forty-eight) hours following refusal of the parcel in accordance with article 10 above. In case of failure to respect even only one of the conditions set forth above, Abraham Industries will neither reimburse the paid amount nor provide a substitution for the Product which, in such case, shall be made available to the Client at the latter’s expenses. In such case, Abraham Industries shall inform the Client via e-mail about the refusal to accept the returned Product with indication of the place for the pick-up. Finally, we wish to inform the Client that in no case we can accept requests that sartorial changes be made to the purchased Products. Equally, Abraham Industries shall not reimburse the Client of any costs incurred by him in order to apply sartorial adjustments and/or changes to the Products, which have therefore to be borne exclusively by the Client. In case the Client has erroneously received the wrong Product, the Client shall in any case contact the Customer Service as soon as possible and in any case within the time limit provided for to return the Products, in order to agree upon the necessary arrangements.
14. CONFORMITY – WARRANTY
Concerning the conformity warranty of the Products sold under the present general conditions of sale, the legal provisions apply. Therefore, reference is made to the articles 129, 130 and 132 of the Italian consumers code relating to the Clients’ rights towards Abraham Industries in case of discrepancy of the Products and the way to exercise such rights.
15. COMPLAINTS – COMMUNICATIONS - INFORMATION
For any and all information or complaints or for any other communication in connection with the general sales conditions, the orders and/or Liviana Conti products, the client may revert to the Customer Service at the address firstname.lastname@example.org within the section Customer Service on the website livianaconti.com. The Client may contact the Customer Service free of charge via mail, compiling the relating form. It is understood that, if the Client should decide to use any other means or channel of communication (such as: postal service, fax, telephone calls to a payphone number of Abraham Industries) other than those described above, the relating costs shall not be reimbursed by Abraham Industries.
16. FORCE MAJEURE
Abraham Industries may suspend execution of its obligations upon occurrence of a fortuitous case or an event of force majeure, including natural events, which impede or delay execution of the obligations, such as e.g., but not by way of limitation, war, upheaval, insurrections, strikes and Abraham Industries difficulties to obtain supplies from third parties for reasons imputable to such third parties. Abraham Industries shall inform the Client about the occurrence of such fortuitous event or event of force majeure no later than 7 (seven) days following the occurrence of the event. If the suspension of the obligations should last for more than 15 days, the Client has the right to cancel the order and obtain reimbursement of any amounts he has already paid.
17. APPLICABLE LAW AND VENUE
The present general conditions of sale are governed by Italian law. The Courts of the place where the consumer has his residence or domicile are exclusively competent for any and all controversies concerning the interpretation, validity and/or execution of the present general conditions of sale.