Terms and conditions
Hereafter you will find all the information relative to the Juvestore general sale conditions, we recommend you to read them in order to shop with total confidence.
Art. 1 DEFINITIONS
1.1. The term “Site” refers to the internet site www.elisirdipositano.it for the sale of the ceramic product.
1.2. The term “Customer” refers to the person who has purchased from the Site according to the following general sale conditions. The Customer can be either the natural person acting for purposes not referable to the eventual carried out professional activity, or the natural person or legal entity acting for purposes referable to the carried out professional activity.
1.3. The term “C.F.” refers to Carro Fashion s.a.s.., a company registered at the Salerno C.C.I.A.A. (Chamber of Commerce, Industry, Crafts and Agriculture), n. 000000 of the Register of Companies, Fiscal Identification Code - VAT Registration Number n. 000000000, which has its office at Viale Pasite 90/90A/92 - 84017 Positano (Sa).
1.4. The term “Order” refers to the request form of the goods on sale, filled in by the Customer on the Site.
1.5. The term “Products” refers to the goods on sale on the Site according to the following general sale conditions.
1.6. The term “Price” refers to the corresponding amount to be paid for the goods on sale inclusive of the shipping charges.
1.7. The term “Contract” refers to the remote sale contract whose object is the product sale regulated by these general sale conditions.
1.8. The term “Parties” refers to C.F. and the Customer.
Art. 2 PRODUCTS SALE
2.1. Products are sold according to the terms and conditions provided for the Contract published on the Site at the moment of the Order.
2.2 The Contract is concluded and binding for both Parties when the order confirmation is forwarded, by C.F., to the electronic mail address indicated by the Customer during the registration to the Site.
2.3. On the Site there are on-sale Products specially Customised according to the Customer's request, their creation is subject to the Customer's previous request, which has to be carried out following the instructions supplied by the Site itself. The withdrawal right from the purchase Contract for the above-mentioned Customised Products will not be allowed for reasons other than the Product state of preservation.
2.4. The Prices and the articles on the Site are subject to change without notice.
Art. 3 DELIVERY TIME AND TERMS
3.1 C.F. takes care of delivering the Products at the address indicated by the Customer in the Order, making use of an express courier.
3.2 The Product delivery will take place within 4 working days for Italy and within 8 working days for foreign Countries, after the Order receipt date from C.F.. The delivery dates indicated on the Site are merely approximate and not binding for C.F.
3.3 In the event one or more articles should be out of stock after the Order, C.F. will proceed to deliver the other articles ordered by the Customer; in this case the partial delivery of the ordered Products will be still valid and the Customer will not be entitled to refuse the delivery or to ask for any compensation or indemnity whatsoever.
3.4 The ownership and the risk relative to the Product transportation are transferred to the Customer at the delivery time to the address indicated by the Customer himself in the Order.
Art. 4 CUSTOMER OBBLIGATIONS
4.1. The product purchase from the Site implies that the Customer provides the necessary data for the Product delivery. During the registration, operation necessary only for the first purchase, the Customer undertakes to provide the correct and true data relative to personal data and personal address and, in general terms, all the other information useful to the order execution.
4.2. The Customer undertakes to pay the Price of the purchased Products and to keep copy of the purchase order confirmation, sent by ElisirDiPositano.it to the mail address provided by the Customer during his registration to the Site.
Art. 5 PRICE AND PAYMENT
5.1. Prices are expressed in Euros (€), they include the in-force VAT (Value Added Tax) that varies according to the different article typologies.
5.2. The resulting total price at the end of the purchase procedure is comprehensive of the transport charges, but it does not include the Customs duties and the possible additional charges on the sale necessary to the goods import in a foreign Country. Any supplementary charge relative to the clearance procedures is meant to be exclusively paid by the receiver.
5.3. The Price payment will have to be in full:
• as regards the credit card payments, at the order execution.
Art. 6 FORCE MAJEURE
6.1. The parties will be not responsible for the delay on their obligation fulfilment, in conformity with the Contract, if the delay is caused by circumstances beyond their reasonable control. The Party that is late for force majeure will be entitled to have a term respite necessary to fulfil his obligations.
Art. 7 COPYRIGHT & TRADE MARKS
7.1. The contents such as for example information, text, graphics and images within the site are protected by copyright.
Art. 8 WITHDRAWAL RIGHT
8.1. The withdrawal right, in compliance to the Legislative Decree dated 22nd May 1999 n.185 art. 5 and the Legislative Decree dated 15th January 1992 n.50, lies in the Customer's right to back out the Contract returning the purchased Products with consequent Price refund.
8.2. The withdrawal right is applied to the natural person who acts for purposes not referable to his eventual carried out professional activity; for this reason the purchases carried out by retailers and companies are excluded from this right.
8.3. The withdrawal right can be exercised by sending - within the following ten working days - a recorded delivery letter with proof of delivery to the following address:
Carro Fashion s.a.s. Viale Pasitea 90/90A/92 - 84017 Positano (Sa).
The communication can be sent within the same time also by e-mail, telegram, telex and fac-simile, provided that – within the following 48 hours – it is confirmed by a recorded delivery letter with proof of delivery.
8.4. The essential condition to exercise the withdrawal right is to return the purchased items in a good preservation state. The returned items must be accurately packed in order to protect the original covers from any damaging, writing or labelling.
8.5. The goods must be returned to:
Carro Fashion s.a.s. Viale Pasitea 90/90A/92 - 84017 Positano (Sa).
The spent amount refund or the article replacement generally takes 30 days from the receipt of the returned goods, and after their inspection.
8.6. The refund does not include the transport charges, both for the shipment and for the possible goods replacement.
Art. 9 PRIVACY
9.1. The data, provided by the Customer and necessary to the regular execution of the Contract, will be processed in compliance to the provision of the 2003 Legislative Decree n. 196 regarding the “Personal Data Protection”.
Art. 10 FULL AGREEMENT
10.1. The Contract replaces all the contracts, the agreements and the understandings previously existed between the Parties. It forms, together with the Order, the general conditions relative to the use of the Site and the conditions relative to the registration service, the full agreement between the Parties as regards the object of the Contract.
10.2. Any change or alteration of the Contract will have to be accepted in writing by both Parties.
Art. 11 COMMUNICATIONS
11.1. All the communications between the Parties will have to be made in writing and forwarded to the address of the other party indicated in the Contract and in the Order. All the communications forwarded to the address of the other party - indicated on the site and in the order - by means of electronic mail, will be considered in writing.
11.2. All the communications affecting the validity or the existence of this Agreement will have to be exclusively delivered by hand or sent by recorded delivery letter with proof of delivery .
Art. 12 LANGUAGE
12.1. The sale Contract is drawn in Italian and English languages. The Italian language version will prevail in case of any discrepancy.
Art. 13 APPLICABLE LAW AND JURISDICTION
13.1. The Contract will be regulated and interpreted in compliance to the Italian laws.
13.2. The Parties acknowledge that is expressly excluded the application to this Contract of the United Nation Agreement on the Contracts for the International Goods Sale.
13.3. For any controversy deriving from the Contract or related to it, the Competent Court will be:
a) the Customer's place of residence court, if the Customer is a consumer according to the in-force law;
b) exclusively the Court of Salerno, Italy, for any other case.