INTRODUCTION
These general conditions of online sale (hereinafter “GCS”) govern the sales contract (hereinafter, the “Contract”) of the products (hereinafter, the “product” or “products”) offered by Esmeralda Fashion, Home & Design based in Porto Cervo, Sardinia – 07021 Arzachena CF / VAT number [to be requested from the customer] (hereinafter, “Esmeralda”) – through its website https://esmeralda.boutique (hereinafter, the “site” ) to users of the site (hereinafter, the “customers” or the “customer”).
These general conditions of sale are understood to refer only and exclusively to customers who qualify as “consumers” pursuant to art. 3, co. 1, lett. a), of the italian Legislative Decree 6 September 2005, n. 206, ie “natural persons acting for purposes unrelated to any business or professional activity carried out”.
All information contained on the site is in Italian and English. The customer declares to have read all the aforementioned information and general conditions of sale before placing the order.
Before placing the order for the product, the customer declares that the purchase of said product has no direct relationship with his professional activity, as their purchase is intended for personal use.
The customer also declares to have the legal capacity to undertake in accordance with the provisions of these general conditions.
1 – Subject
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop esmeralda.boutique.
2 – Territory and offer coverage
The following general conditions of sale refer to sales made to consumers from any country in the world.
3 – Contractual documents
This contract consists of the following documents:
- these general conditions of sale • the order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are shown for descriptive purposes only.
4 – Order reception
Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer that can be called into question only in the cases provided for in this contract in the articles “Right of withdrawal” and “Execution of the order”.
5 – Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Esmeralda Fashion, Home & Design.
The customer will receive an e-mail notification of receipt showing the order confirmation with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs).
Esmeralda Fashion, Home & Design reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem regarding the order received.
Esmeralda Fashion, Home & Design cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer. Furthermore, Esmeralda Fashion, Home & Design cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for their transport as well as for delays in delivery attributable to the latter.
6 – Availability of products
Le offerte contenute in questo sito saranno valide finché i prodotti elencati rimarranno on line e fino ad esaurimento scorte.
Esmeralda Fashion, Home & Design also reserves the right to notify the customer, within 20 days of purchase, at the email address associated with his profile, of any unavailability of one or more of the products purchased. In the event of the purchase of a product that is no longer available, Esmeralda Fashion, Home & Design will refund the price (on the payment card or PayPal account indicated by the same for the purchase or by bank transfer, the details of which are intended to be communicated after registration). and the shipping costs incurred by the customer. However, the unavailability of one or more of the products ordered will not give the customer the right to cancel the entire order.
7 – Prices – Invoice
The guaranteed price to the buyer is the one published on the site at the time of sending.
Product prices are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 – Payment
The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the specifically dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment.
The payment of the consideration is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods.
The customer guarantees Esmeralda Fashion, Home & Design that he has the necessary authorizations to use the payment instrument indicated in the order.
In case of non-receipt by Esmeralda Fashion, Home & Design of the payment, Esmeralda Fashion, Home & Design reserves the right to cancel the order. In the case of payment by credit card, Esmeralda Fashion, Home & Design reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that , in the absence of the requested submission, Esmeralda Fashion, Home & Design may refuse the payment and cancel the order.
The payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
9 – Transfer of Risks
The transfer of risks to the customer takes place upon delivery of the products to the carrier by Esmeralda Fashion, Home & Design. During the withdrawal period referred to in Article 13, the customer is responsible for the object as custodian. In the event of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
10 – Execution of the order
The order will be executed within the terms specified on the Site and upon acceptance of the order by Esmeralda Fashion, Home & Design and in any case within 30 days following the confirmation of the order subject to the availability of the ordered product and subject to specific agreement between the set off.
In case of out of stock or unavailability of the ordered product, Esmeralda Fashion, Home & Design undertakes to inform the customer as soon as possible and to specify a possible term for renewed availability.
See Article 6 regarding the availability of products.
11 – Delivery
The geographical area of delivery corresponds to the geographical area of coverage of the offer. Deliveries are made from Monday to Friday.
The products are delivered to the address indicated by the customer. Delivery is to the street level or to the floor if the courier used provides for the service. The details will be specified by email at the time of shipment of the order. Esmeralda Fashion, Home & Design does not provide for the installation service of the products sold.
Esmeralda Fashion, Home & Design, without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier responsible for transporting them. Esmeralda Fashion, Home & Design cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer. Furthermore, Esmeralda Fashion, Home & Design cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for transporting them as well as for delays in delivery attributable to the latter.
Delivery is made by couriers selected by Esmeralda Fashion, Home & Design.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and release of the goods.
Upon delivery, the customer must check the content, conformity and status of the product or products.
In the event of delays, breakdowns, total or partial losses or other problems, the customer has the right to appeal to the carrier without the responsibility of Esmeralda Fashion, Home & Design being ever taken into consideration.
Therefore, upon delivery, Esmeralda Fashion, Home & Design recommends the customer to check the status of the products delivered before signing the receipt document.
If anomalies are found, the customer must refuse the delivery of the products or put in writing their reservations, detailed and dated. These reservations must be confirmed to Esmeralda Fashion, Home & Design within 3 working days following the delivery of the products in the manner indicated on the Returns & Withdrawals page of the site.
12 – Collection of products in case of absence of the customer
In case of absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the recipient even on the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the deadline set by the carrier, the products will be returned to Esmeralda Fashion, Home & Design which reserves the right to reimburse the price of the products, leaving the shipping costs to be paid by the customer.
13 – Right of withdrawal
The customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, starting from the receipt of the order confirmation sent by Esmeralda Fashion, Home & Design no later than 14 working days from receipt of the product. address indicated for delivery.
Full proof of receipt is the date shown on the delivery note.
The customer can exercise the right of withdrawal by expressing his will to the e-mail address info@esmeraldaportocervo.com
If the product has already been delivered, the customer is required to return it to Esmeralda Fashion, Home & Design. To this end:
– the deadline for returning the product is fourteen days from receipt of the same; the date shown on the delivery document is full proof. For the purposes of the deadline, the product is considered returned when it is delivered to the accepting post office.
– if there has been delivery of the product, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. the customer must send the product properly packaged and packaged; Esmeralda Fashion, Home & Design does not accept returns that are damaged, but kept in a normal state of conservation, kept with the use of normal diligence. Products damaged by detergents / additives, or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must insert a copy of the delivery document received inside the packaging box. The risks of transport for the return of the products are fully borne by the customer.
– The costs of returning the goods to Esmeralda Fashion, Home & Design are charged to the customer. If the customer exercises the right of withdrawal in accordance with the provisions of these conditions of sale, Esmeralda Fashion, Home & Design will reimburse the sums paid by the customer. The refund will be made free of charge, within thirty days of receipt of the goods in the Esmeralda Fashion, Home & Design warehouse.
As foreseen by the legislative decree 6/9/2005 n. 206 and Article 55 of the Consumer Code, the right of withdrawal governed by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter. quickly.
14 – Warranty
In order to avoid any inconvenience, the products are subjected to sample verification by Esmeralda Fashion, Home & Design before being shipped.
In any case, the products sold benefit from the legal guarantee against hidden defects provided for by articles 1641 and following of the italian Civil Code.
The latter does not cover damage, breakages or malfunctions due to failure to comply with the precautions for use.
To activate the guarantee, the customer returns the product to Esmeralda Fashion, Home & Design at his own expense, attaching the original invoice.
15 – Usage of the site
The product descriptions and images on the site correspond to what is made available by the suppliers of Esmeralda Fashion, Home & Design to Esmeralda Fashion, Home & Design itself. The photographs and video presentation of the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variations, may depend on software and IT tools used by the customer when connecting to the site. Esmeralda Fashion, Home & Design assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.
16 – Intellectual and industrial property rights
Esmeralda Fashion, Home & Design informs that the site, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they take place. Esmeralda Fashion, Home & Design reserves the right to act legally to protect these aspects. Esmeralda Fashion, Home & Design assumes no responsibility for the brands and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
17 – Personal data protection
Esmeralda Fashion, Home & Design is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference should be made to banking institutions through which the transaction takes place. For information relating to the processing of personal data, including the rights referred to in art. 7 of Legislative Decree. 196/03 and the GDPR, please refer to the detailed information already provided at the time of registration on the esmeralda.boutique Site or available here.
18 – Digital Signature
The “validation click” constitutes a digital signature. This digital signature has the same value between the parties as a handwritten signature.
19 – Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer may be included in or out of these general conditions.
20 – Invalidity
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
21 – Communications
For any communication, you can contact Esmeralda Fashion, Home & Design at the following addresses:
Esmeralda Fashion, Home & Design Sottopiazza 1 07021 Arzachena
Tel. +39 0789.92148
email: info@esmeraldaportocervo.com
22 – Applicable law
The sales contract between the customer and Esmeralda Fashion, Home & Design is concluded in Italy and governed by Italian law.
