terms and conditions
1. What these conditions of sale govern
These general conditions of sale (hereinafter, "General Conditions") apply to all sales of products (hereinafter, "Products" or "Product") purchased through the Adrianagalli.it website (hereinafter, "Site" ). The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or the "Customer"), understood as natural persons who act for purposes unrelated to their commercial, business or professionally carried out. The language available to conclude the contract is Italian.
2. Identification of the seller
The seller is Adriana Galli (hereinafter "AG") with registered office: in via Piero Capponi 2 - 20145 Milan with VAT number: 11827610152 Rea number: MI - 1499694 CCIAA of Milan.
3. How and when the sales contract is concluded
4. Who can buy on the site
The purchase of the products on the Site is only allowed to people over 18 years of age. When purchasing products, the Customer is required to provide truthful, correct and complete data. The Client agrees to indemnify AG from any compensation obligations and / or sanctions in any way related to the failure to comply with these rules relating to the provision and disclosure of his data, without prejudice to AG's willful misconduct or gross negligence.
5. Product availability
The products on the Site are available in limited quantities. It is possible that, due to the simultaneous presence on the site of multiple users, the products are sold to other customers before the Customer receives confirmation of his order. For this reason, once the order has been received, AG will communicate by e-mail or by telephone to the Customer if some of the products ordered are not available: in the event of unavailability of the products ordered, AG will check together with the Customer whether it is possible to purchase any replacement products of the same category and price. In the event that one or more Products are not available, we will contact you to check together if it is possible to purchase any replacement products of the same category and price so as to better organize the delivery, vice versa we will process the order with only the Products available. and the amount relating to the missing Products will be refunded immediately using the payment method used for the purchase.
6. Product information
The products for sale are described and presented as accurately as possible. The Site informs the User of the essential characteristics of the products offered, through technical data sheets. The User is invited to carefully read the technical data sheets of each product. The images of the products are purely indicative. The Customer can only purchase the products present in the electronic catalog of the Site at the time the order is placed. The technical information of the products included in the Site faithfully reproduces the information provided by the manufacturers of the goods included in the catalog. The Site, therefore, reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers,
However, it cannot guarantee that the details of the images on the site correspond 100% to those of the actual product. Small differences are sometimes also possible due to the effect of the Internet browser and the monitor used by the Customer. In the event of a difference between the image and the written description of the product, the description on the product sheet always prevails.
7. Product prices
All prices indicated on the site are inclusive of VAT. It may happen, despite the Site making every effort to avoid it, that a different price from the actual price is indicated by mistake for a product on the Site. When AG verifies the order received, it also checks the correctness of product prices. If the price indicated on the site is lower than the correct selling price of a product, AG will contact the customer to check whether he intends to purchase the product at the correct price anyway. If the Customer does not intend to purchase it at the correct price, AG will not be able to accept his order. If the correct price of a product is lower than that indicated on the Site, AG will only charge the Customer the correct lower price and will ship the product anyway. The prices of the products are inclusive of all taxes and duties. All prices are expressed in Euros.
8. How to pay
Payment can be made by credit card or PayPal. The circuits on which it is possible to purchase on the Site are: Visa / Visa Electron - MasterCard - American Express. To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server. The Site does not store the Customer's credit card number and the reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser. Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
8.1 Delivery of products
The Products purchased on the Site will be delivered to the address indicated by the Customer. At the time of delivery, the signature of an adult over 18 years of age will be required. No deliveries will be made to PO boxes. All purchases will be delivered by express courier, from Monday to Friday, excluding holidays and national holidays. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days from the day following that in which the Customer sent the order. to AG, unless AG communicates - within the same term, by e-mail - the impossibility of delivering the ordered goods following the unavailability, even temporary, of the Products. For the delivery of the goods, the presence of the Customer or his representative must be present at the address indicated in the order. Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is intact or not altered. Any damage to the package and / or the Products or the mismatch in the number of packages must be immediately notified by means of a written check on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of the package delivered. Pursuant to art. 63 of the Consumer Code, any damage to the packaging / packaging of the Products must be immediately contested by you by affixing a written control reserve on the proof of delivery. It is understood that, once the delivery document has been signed without any objection, any exceptions regarding the external characteristics of what has been delivered will be precluded. If the Customer pays with PayPal, AG will ship the product to the address registered or entered on the PayPal site during the payment phase. Therefore, the Customer, when paying with PayPal, is required to verify that the shipping address details are correct. The Customer exempts AG from any liability for failure to deliver the product to an address other than the one that the Customer has registered or entered on the PayPal site during the payment phase.
9. Shipping costs
Shipping costs are charged to the Customer and are indicated before the Customer places the order and in the order confirmation e-mail. Shipping costs are borne by AG only in the case of orders over 150 euro, just for Italy.
10. Product warranty
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 206/2005 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Adriana Galli is liable to the consumer for any lack of conformity existing at the time of delivery of the product. Unless proven otherwise, it is assumed that the lack of conformity that occurs upon delivery of the product already existed, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Instead, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the user, for the purpose of this proof, keeps the purchase invoice that Adriana Galli sends him as well as the DDT or any other document that can certify the date of the purchase. There is a lack of conformity when the purchased good is not suitable for the use to which goods of the same type are normally used; does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling. It is also not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted. Any failures or malfunctions caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee. In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact email@example.com and Adriana Galli will promptly reply to the communication, indicating to the user what next steps he will have to take. The Product with respect to which the user complains of the lack of conformity must be sent to Adriana Galli who will verify the existence or otherwise of the declared defect. Adriana Galli reserves the right to ask the user to attach the purchase invoice and / or DDT or other document proving the date of purchase to the request.
11. The right of withdrawal
The Customer has the right to withdraw from the sales contract concluded with AG within 14 days from the one in which he received the product and without giving any reasons. The Customer must communicate to AG the decision to exercise the right of withdrawal at this address: firstname.lastname@example.org. Once this decision has been communicated to AG, the Customer must return the purchased product within 14 days. The product must be returned to this address: Adriana Galli, via Piero Capponi 2 - 20145 Milan. The costs for returning the product are charged to the customer. Within 14 days from the one in which AG becomes aware of the decision to withdraw, AG will refund the amount paid by the Customer, including any shipping costs incurred by the CUSTOMER when purchasing the product. AG will refund the amount using the same payment method chosen by the Customer during the purchase, unless otherwise requested by the Customer. In any case, AG may suspend the reimbursement until the moment it receives the product or until the Customer proves with suitable documentation that he has returned the goods to AG. Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
● assets that risk deteriorating or expiring rapidly; is
● sealed goods which are not suitable for return for hygienic reasons or related to health protection and which have been opened after delivery.
AG is not responsible for disruptions due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract. AG is not liable in the event of damage, of any nature, resulting from improper use of the product and / or not in accordance with the instructions provided by the manufacturer. AG, except in cases of willful misconduct or gross negligence, is solely responsible for the damage that is a direct and immediate consequence of its non-fulfillment with respect to what is established in these conditions of sale and that was foreseeable at the time of the conclusion of the sales contract.
13. Applicable law and competent court
These general conditions of sale are governed by Italian law. For each order placed on the Site, AG issues an invoice for the goods shipped, sending it by e-mail or post to the holder of the order, in accordance with the D.P.R. 445/2000 and of Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after its issue. The customer can request an invoice with a different header, by sending a request indicating the VAT number and the necessary data, by sending an email no later than two days from receipt of the order confirmation, by writing to: email@example.com. Any dispute relating to these General Conditions of Sale, if not resolved amicably, will be submitted to the exclusive jurisdiction of the judge of the place of residence or domicile of the Customer.
14. Exclusions: what happens if the Customer is not a consumer
These general conditions apply in full in the case of purchases made by individuals who qualify as "consumers" according to art. 3 of the Consumer Code (Legislative Decree 206/2005): art. 3 establishes that a consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. In the case of purchases made by subjects who cannot be qualified as "consumers", some exceptions to these general conditions of sale are envisaged. In particular, to subjects who are not consumers:
a) art. 11 on the right of withdrawal. On the contrary, the rules generally provided for by Italian law apply.
b) art. 13 is waived in the sense that, without prejudice to the application of Italian law to these conditions of sale, in the event of a dispute relating to them, the competent court will be that of Milan.