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1. What these conditions of sale regulate

These general conditions of sale (hereinafter, "General Conditions") apply to all sales of products (hereinafter, "Products" or "Product") purchased through the website Adrianagalli.com_cc781905-5cde-3194-bb3b- 136bad5cf58d_(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 acting for purposes unrelated to their trade, business or professional eventually carried out. The language available to conclude the contract is Italian.

 

2. Seller identification

The seller is Adriana Galli (hereinafter "AG") with registered office: in via Piero Capponi 2 - 20145 Milan with VAT number: 11827610152 Real Estate Number: mi-1499694.

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3. How and when the sales contract is concluded

The Customer who intends to purchase the products on the Site: Adrianagalli.it. The Customer must add the Product to the "Cart", enter the shipping and billing data, select the desired payment method and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, confirm the order . The order that the Customer sends to AG via the Site constitutes a contractual offer. The sales contract is considered concluded with the sending by AG to the Customer of an e-mail confirming the order. The order confirmation e-mail containing a reference to these General Conditions contains the Customer's data, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs to the delivery address to which the goods will be sent and the link by which you can print and keep a copy of these conditions. The Customer undertakes to verify the correctness of the personal data contained in the order confirmation e-mail and if he identifies errors in the order he will have 2 hours from receipt of this e-mail to contact AG directly from the Site using the special contact form accessible via the footer of the site under the heading "Contacts". After this term, the order will be processed for shipment and changes will no longer be accepted, while guaranteeing the customer's rights.

 

4. Who can buy on the site

The purchase of the products on the Site is permitted only to persons who have completed 18 years of age. During the purchase of the products, the Customer is required to provide truthful, correct and complete data. The Customer agrees to hold AG harmless from any compensation and/or sanction in any way connected to the failure to comply with these rules relating to the provision and communication of his data, except for AG's willful misconduct or gross negligence.

 

5. The availability of products

The products on the Site are available in limited quantities. It is possible that, due to the simultaneous presence of several users on the site, the products are sold to other customers before the Customer receives the confirmation of his order. For this reason, once the order has been received, AG will notify the Customer via e-mail or telephone if some of the ordered products are not available: in the event of unavailability of the ordered products, AG will check together with the Customer whether it is possible to purchase any substitute 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 available Products e  the amount relating to the missing Products will be refunded immediately using the payment method used for the purchase.

 

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6. Product information

The products on sale are described and presented as accurately as possible. The Site informs the User of the essential characteristics of the products offered, through technical sheets. The User is invited to carefully read the technical data sheets of each product. The images of the products are merely indicative. The Customer can only purchase the products present in the electronic catalog of the Site at the time of placing the order.  The technical information of the products included in the Site faithfully reproduce the information provided by the manufacturers of the goods inserted in catalogue. 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 website are 100% the same as the actual product. Small differences are sometimes possible also due to the effect of the Internet browser and 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 checks the order received, it also checks the correctness of the 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 verify if it still intends to purchase the product at the correct price. 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 charge the Customer only the lower correct price and will still ship the product. Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.

 

8. How to pay

Payment can be made by credit card, PayPal or bank transfer. The circuits on which it is possible to purchase within 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 the payment with his account or using a card, even a prepaid card, or in any case according to the methods accepted by Paypal and in compliance with the relative 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 the age of 18 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 starting from the day following the day on which the Customer sent the order. to AG, unless AG communicates - within the same term, by e-mail - the impossibility of delivering the goods ordered following the unavailability, even temporary, of the Products. For the delivery of the goods, the presence of the Customer or his representative is required at the recipient's 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 unaltered. 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 control reserve 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 regarding the external characteristics of the delivered package. 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 dispute, you will be precluded from making any exceptions regarding the external characteristics of what has been delivered. If the Customer pays with PayPal, AG will ship the product to the address registered or entered on the PayPal site during payment. Therefore, the Customer, during the payment with PayPal, is required to verify that the shipping address data is correct. The Customer exonerates AG from any liability for the non-delivery of the product to an address other than the one that the Customer registered or entered on the PayPal site during payment.

 

9. Shipping costs

Shipping costs are charged to the customer and are indicated before the customer sends the order and in the order confirmation e-mail. Shipping costs are charged to AG only in case of orders over 150 euros, valid only for Italy.

 

10. The guarantee of the products

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 is applied 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. Therefore, for the purposes of this proof, the user should keep 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 for which goods of the same type are usually used; does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model; it does not present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling. Furthermore, it is 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 conclusion of the contract and which the seller has accepted. Any faults 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 with the provisions of 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 info@adrianagalli.it and Adriana Galli will promptly reply to the communication, indicating 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 carry out the verification of 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 the purchase was made 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 of the one in which he received the product and without giving any reason. The Customer must notify AG of the decision to exercise the right of withdrawal to this address: info@adrianagalli.it. 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 that in which AG became 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 means of payment chosen by the Customer during the purchase, unless otherwise requested by the Customer. In any case, AG may suspend the refund until it receives the product or until the Customer demonstrates 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:

●    goods with a risk of rapid deterioration; And

●     of health and which have been opened after delivery.

 

12. Liability

AG is not responsible for disservices due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the times established by the contract. AG is not responsible for damages of any kind resulting from the use of the product improperly and/or not in compliance 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-fulfilment with respect to what is established in these conditions of sale and which was foreseeable at the time of conclusion of the sales contract.

 

13. Applicable law and jurisdiction

These General Conditions of Sale are governed by Italian law. For each order placed on the Site, AG issues an invoice for the shipped goods, sending it by e-mail or post to the holder of the order, pursuant to Presidential Decree 445/2000 and 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 it has been issued. The customer can request an invoice with a different heading, 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: info@adrianagalli.it. 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 natural persons who qualify as "consumers" on the basis of art. 3 of the Consumer Code (Legislative Decree 206/2005): art. 3 establishes that the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out is a consumer. In the case of purchases made by subjects who do not qualify as "consumers", there are some exceptions to these general conditions of sale. In particular, to subjects who are not consumers:

a) does not apply the art. 11 on the right of withdrawal. On the contrary, the discipline generally provided for by Italian law applies.

b) the art. 13 is derogated 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.