Terms and conditions
The products for sale on www.epaule6419.com (hereinafter the site) are sold and invoiced by Philomena Collective di Massimo Casale, based in Montebelluna (Tv), Via Groppa 28, a company registered with the Treviso Chamber of Commerce under no. REA TV - 432483 of the Business Register, CF CSLMSM68S16D969J, VAT no. 05277090261 (hereinafter the owner company). For any information regarding orders, shipments and, more generally, purchases, you can contact the following contact details:
email: info@epaule6419.com
Telephone and whatsapp: (+39) 379 1006419
GENERAL CONDITIONS OF SALE
1. Acceptance of the general conditions of sale and conclusion of the contract
1.1 The contract stipulated between Philomena Collective di Massimo Casale and the Customer (ie the subject, a natural person, who makes the purchase on the Site, not referable to his own commercial, entrepreneurial or professional activity) must be considered concluded with the acceptance, even if only partial, of the order by the owner company Philomena Collective, which reserves at its sole discretion, to accept or not the orders that will be formulated through the website www.epaule6419.com.
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1.2 Access to sales made through the Site is reserved exclusively for users who have reached the age of 18. In no case will resellers or wholesalers or, in general, anyone who intend to purchase the Products for the purpose of making purchases on the Site. for subsequent resale .
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1.3 By placing an order using the form on the Website www.epaule 6419.com, the Customer declares to have read all the information provided to him during the purchase procedure and to fully accept these general conditions.
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1.4 These Conditions may be printed or saved on a durable medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and by art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014; The Customer will therefore be able to independently provide for the conservation of these general conditions.
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1.5 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site
2. How to purchase
2.1 The products offered for sale by Philomena Collective are only those present on the site at the time the Order is placed, as described in the relevant information sections and constantly viewable at the internet address www.eapule6419.com ._cc781905-5cde-3194- bb3b-136bad5cf58d_
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2.2 The images and descriptions on the Site reproduce the characteristics of the products as faithfully as possible. In any case, it is understood that the images accompanying the description of a product are for informational purposes only, constituting a simple aid to the customer in the purchase and may not be perfectly representative of its characteristics but differ for example. for color and size also due to the functional characteristics of the IT tool used for accessing the site and viewing the images.
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2.3 To place an Order, the Customer must fill out the form - order form on the Site in its entirety and send it after having carefully read the Conditions, as well as the characteristics of the product and / or products he intends to purchase. The Customer must also request, if desired, the issuance of a tax invoice relating to the purchase, pursuant to art. 22 DpR n. 633/1972.
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2.4 The order as formulated above will be considered accepted only if confirmed by Philomena Collective of Massimo Casale, by means of an e-mail communication sent to the e-mail address indicated by the Customer. It is understood that, in the event of non-acceptance of the order, Philomena Collective will in any case give timely notification of the refusal to the Customer.
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The confirmation will report:
the date and order number
the conditions of purchase in summary form
the data entered in the Order by the Customer, so that the same can verify the same and possibly communicate without delay the necessary corrections of any incorrect data.
2.5 The Products will remain the property of Philomena Collective until the payment by the Customer of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Philomena Collective, on the other hand, will be transferred to the user when the customer, or a third party designated by the same and different from the carrier, materially comes into possession of the Products.
3. Prices and Payment Methods
3.1 All the prices of the Products indicated on the site are expressed in Euros (€) and include Value Added Tax ("VAT"), if applicable, standard packaging costs and shipping costs. Any additional cost, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form, before the user proceeds to transmit it, as well as on the order confirmation e-mail. -5cde-3194-bb3b-136bad5cf58d_
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3.2 The following payment methods are envisaged:
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Advance Bank Transfer
It is possible to pay the amount by bank transfer in advance; the order will be processed with the shipment of the product after receipt of the bank credit to:
Philomena Collective of Casale Massimo
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BANCA DELLA MARCA CREDITO COOPERATIVO - COOPERATIVE COMPANY
IBAN IT 57 N 07084 61820 000000964696
BIC ICRAITRRU40
Montebelluna branch (Tv)
After 7 (seven) working days from the date of the order in the absence of receipt of the bank credit, the order will be automatically canceled. It is understood that the availability of the products will be assessed upon receipt of the accreditation.
Satispay
Credit card
In cases of purchase of goods with credit card payment methods, the transaction can take place through the secure Paypal server or other secure server chosen by Philomena Collective.
Upon confirmation of the order, the credit card data entered by the customer will be transferred via a secure connection in SSL (Secure Socket Layer) encryption for authorization and debit.
In no case and at no stage of the payment Philomena Collective will be able to know the information relating to the Customer's credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No computer archive of such data will be kept by Philomena Collective and therefore in no case the owner company can be held responsible for any fraudulent and improper use of credit cards by third parties upon payment.
4. Delivery of products and related costs
4.1 The purchased products will be delivered to the address indicated by the Customer in the Order at the cost specifically indicated on the site before sending the Order. Delivery is to street level by insured express courier. Philomena Collective reserves the right to accept deliveries to be made outside the Italian or European borders. In any case, for deliveries to be made outside the Italian borders, the shipping costs may vary with respect to the standard costs indicated in art. 4.3.
4.2 With reference to deliveries to be made in non-EU countries, any import customs fees will be the sole responsibility of the recipient. The Customer is therefore invited to contact the customs authorities of their country in advance to check the costs and any import limits.
4.3 Standard transport costs are included in the purchase price of the products indicated on the site.
Any other costs, charges, taxes and / or duties that a given country should apply for any reason to the products ordered under this contract are the sole responsibility of the Customer. The Customer declares that the lack of knowledge on his part of the costs, charges, duties, taxes and / or duties mentioned above, at the time of sending an order to the company owner Philomena Collective, cannot constitute grounds for termination of this contract and they cannot in any way be charged to the owner company.
4.4 Upon delivery of the products, the Customer is required to check:
that the number of packages delivered corresponds to what is indicated in the transport document.
that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately detected, putting a specific indication on the product delivery document to be returned to the courier.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, in accordance with the procedures set out in this document.
In case of refusal of delivery of the products by the Customer or non-delivery of the same for reasons attributable to the Customer or to its recipient (such as incorrect address and / or telephone number of the recipient; repeated absence of the recipient, etc.) the company the owner may keep the products and charge the customer an amount corresponding to the shipping costs of the same, the costs of their return and any additional customs duties and taxes applicable to the sale.
5. Delivery times
5.1 The products offered on the Site are unique tailored pieces or in a limited number. It may therefore happen, also due to the possibility that several customers purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order and therefore, given the craftsmanship nature of the product and the choice of fabrics unique, a time interval must elapse for its realization with the same fabric, where available, or with different fabric but of the same quality.
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5.2 The delivery times indicated by the owner company must be considered purely indicative and a delay with respect to them, or any delivery made with subsequent split shipments does not entitle the Customer to refuse the delivery itself and to request compensation and / or compensation.
6. Right of withdrawal
6.1 Pursuant to art. 52 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the Customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without the need to give reasons and without any penalty, within 14 (fourteen) working days from the date of receipt of the products.
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6.2 To exercise the right of withdrawal referred to in the previous article 6.1, the Customer must send Philomena Collective a communication to this effect, within the terms indicated, to the following email address info@epaule6419.com, or use the appropriate form on the Site.
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6.3 The right of withdrawal is subject to the following mandatory conditions:
the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (eg: accessories, etc ...);
the purchased good must be intact and returned in the original packaging, complete in all its parts;
the good subject to exercise of the right of withdrawal must be returned in a normal state of conservation, as it has been kept and possibly used with the use of normal diligence: therefore, used products that show signs of damage or dirt and that consequently they can no longer be considered intact;
the good subject to exercise of the right of withdrawal must be provided with a tag, showing the bar code of the item; if the goods have a different code from what is indicated on the invoice, the return will not be accepted and the product will be made available to the Customer for its return, at the same time canceling the request for withdrawal;
the shipping costs for returning the goods are charged to the customer;
the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
in case of damage to the goods during transport, Philomena Collective will notify the Customer of the incident (within 5 working days from receipt of the goods in their warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund the value of the asset (if insured); in this case, the product will be made available to the Customer for its return, at the same time canceling the request for withdrawal;
Philomena Collective di Massimo Casale is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments .
Without prejudice to any repair costs for damage to the original packaging, Philomena Collective will refund the Customer the full amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree 21/14), within 14 (fourteen) days of withdrawal, by means of a reversal of the amount charged, using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not incur any costs as a consequence of this reimbursement. Philomena Collective may suspend the refund until receipt of the returned product or until the moment in which the Customer proves that he has correctly returned the product, whichever is earlier.
6.4 The right of withdrawal ceases due to lack of the essential integrity of the goods (packaging and / or its contents), in cases where Philomena Collective ascertains:
the lack of the external packaging and / or the original internal packaging;
the absence of integral elements of the product or anomalies in the product itself;
damage to the product for reasons other than its transport;
a dirty state of the product due to its use, which has compromised its integrity.
6.5 Any imperfection of the handcrafted sartorial product is to be considered a characteristic of the product and not a defect. The owner company does not accept returns that comply with this described condition.
6.6 In case of forfeiture of the right of withdrawal, Philomena Collective will return the purchased product to the sender, charging the shipping costs to the sender and, if already reimbursed, the price.
7. Complaints and requests for information
Any complaint or request for information can be addressed to Philomena Collective at the following addresses:
tel. +39 3791006419
email: info@epaule6419.com
8. Intellectual property rights
8.1 The Customer declares to be informed that all trademarks, names, any distinctive signs, denominations, images, photographs, written or graphic text used on the Site or relating to the products and the related rights of exploitation in any way and by any means, are and remain the exclusive property of the Owner or in any case in its availability, and / or its successors in title, in each area and for the entire period of protection (including renewals, extensions and, where possible, in perpetuity) guaranteed by laws and regulations applicable, without the Customer having any right to the same from accessing the site and / or purchasing the products. The Customer undertakes not to perform or omit any act that is not compliant or may otherwise prejudice the rights indicated above. Consequently, the Customer acknowledges and accepts that the aforementioned rights will cover: any trademark, logo, title, company name, domain name, distinctive sign, product name, registered or unregistered of the Owner contained in the Site; each product of the Owner and / or its design, model, registered or unregistered, reproduced on the Site; any textual, visual, audio, audiovisual and / or material content of the Site, including without limitation drawings and graphic layouts, informative and / or editorial content, images, photographs, music, videos.
8.2 The Customer cannot directly use or authorize third parties to use the Site for illegal purposes and / or in violation of any legislation, regulation and / or right of third parties and / or Conditions of Use and / or Conditions of Sale, nor memorize, copy, reproduce, upload, publish, distribute, transmit, communicate, make available to the public, modify, adapt, translate, encode or otherwise use all or part of the Site, including without limitation the content, information, products and services made available through the Site (such as all the content of the Site), in any form, format or manner, by any means and / or on any medium, including without limitation by means of software and / or tools and / or computer and / or digital equipment and / or media and / or telecommunications services.
9. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
9.1 The contracts concluded between customers and Massimo Casale's Philomena Collective are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any mandatory provisions provided for by the law of the country in which they have their habitual residence.
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9.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the competent court is the place where the customer resides or has elected domicile. .
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9.3 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Philomena Collective informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the owner company, following which it has not been possible to resolve the dispute thus arisen, Philomena Collective will provide information regarding the organization or Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code ), specifying whether or not it intends to use these bodies to resolve the dispute.
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Philomena Collective also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.