General conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
Preamble
This information is provided for the website “http://www.albertozaccagnini.it” (Site) owned by Cuero srl, with registered office at Via Santa Candida Ortali 49 – 83020 San Michele Di Serino (AV), registered with the Avellino Chamber of Commerce, VAT No. 03147870640 (Seller).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003, containing provisions governing electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The stated periods are to be understood as working days, excluding Saturday, Sunday, and national holidays.
1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will take effect from the time they are published on the Site. You are therefore invited to access the Site regularly and, before making any purchase, consult the most up-to-date version of the General Terms and Conditions of Sale.
1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, you must verify their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring of the websites accessible through such links. Therefore, the Seller is not responsible for the content of such websites or for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to read these General Terms and Conditions of Sale carefully, as well as all other information provided by the Seller on the Site.
1.7 Submitting the purchase order constitutes acceptance of these General Terms and Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchases on the Website are permitted both to users acting as consumers and to users acting as professionals. Pursuant to Article 3, paragraph I, letter a) of the Consumer Code, it is recalled that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity they may carry out; whereas pursuant to Article 3, paragraph I, letter c) of the Consumer Code, a professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.
2.2 In the case of orders, regardless of who places them, that appear anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to the irregularities.
2.3 The Seller reserves the right to refuse or cancel orders placed:
- by a user with whom the Seller is engaged in ongoing legal proceedings
- by a user who has previously violated the General Terms and Conditions of Sale
- by a user who has been involved in criminal offenses
- by a user who has provided false, incomplete or otherwise inaccurate identification data, or who has not promptly sent the Seller the documents requested by it, or who has sent invalid documents.
Art. 3. Registration on the Website
3.1 To register on the Website, you must complete the relevant form by entering the following information:
- first name
- surname
- password
3.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or unauthorized disclosure of the credentials for accessing the Website.
3.3 The user registered on the Website guarantees that the personal information provided by them is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, compensation obligation and/or sanction arising from and/or in any way connected with the user's violation of the rules on registration on the Website or the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to disable the user's account.
Art. 4. Information intended for the conclusion of the contract
4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Website, you must complete an electronic order form and submit it to the Seller electronically, following the instructions that will appear on the Website from time to time
- the contract is concluded when the order form reaches the Seller's server
- once the order form has been received, the Seller will send you, at the email address provided, the order confirmation containing:
- the information relating to the characteristics of the purchase
- the price indication.
Art. 5. Information Sheet
5.1 Each product is accompanied by an information page describing its main characteristics (Information Sheet). The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of the computer systems or computers you use to view them. In addition, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images should therefore be understood as indicative and subject to customary tolerances.
Art. 6. Prices
6.1 All prices of the Products published on the Website include Value Added Tax and do not include any other type of tax or duty (with reference to foreign shipments - particularly outside the EU).
6.2 The Seller reserves the right to modify the price of the Products at any time without notice, provided that the price charged to you will be the price indicated on the Website when the order is placed and that any subsequent changes, whether increases or decreases, will not be taken into account after the order has been submitted.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form before the user submits it.
6.4 For foreign markets outside Italy, the seller reserves the right to modify prices by 7% to 10%.
Art. 7. Purchase orders
7.1 The Seller will ship the Products only after receiving confirmation that payment has been authorized or that the Total Amount Due has been credited. Ownership of the Products will be transferred to you upon shipment, meaning when the Product is delivered to the carrier. The risk of loss of or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you other than the carrier, physically takes possession of the Products.
The Service you have selected will be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after your purchase order has been submitted, it is established that you have not paid all or part of the Total Amount Due.
7.2 The purchase contract is subject to termination if the Total Amount Due is not paid. Unless otherwise agreed with you in writing, the order will consequently be canceled.
7.3 To submit a purchase order, you must read and approve these General Terms and Conditions of Sale by selecting the appropriate checkbox on the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Site.
7.4 The Seller is not responsible for any storage fees for shipments that cannot be delivered because the recipient is absent. Therefore, the aforementioned fees are entirely your responsibility.
Art. 8. Payment methods
8.1 The following payment methods are accepted on the Site:
- Payment card
- PayPal
- Bank transfer
- Scalapay
- Magic Checkout.
8.2 The Seller accepts credit cards belonging to the following networks:
- VISA
- MasterCard (Cirrus Maestro)
- American Express
The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the card issuer has authorized the charge.
The confidential payment card details (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store, even if you choose to save these details on the Site, the details of your payment card used to pay for the Products.
The charge will be made when the order is transmitted.
8.3 The Site also allows purchases to be made using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to www.paypal.it, where you will make the payment according to the procedure established and governed by PayPal and the contractual terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller cannot know and does not store in any way the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.
In the case of payment via PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Website. In the event of termination of the purchase contract and in any other case of a refund, for any reason, the refund amount due to you will be credited to your PayPal account. The time required for the credit to reach the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the Seller has issued the credit order in favor of that account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount; to contest these, you must contact PayPal directly. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be credited to your PayPal account.
8.4 If you choose bank transfer as the payment method, after submitting the order you may make the payment using the bank details indicated on the Website.
In the case of payment by bank transfer, the delivery times for the Product indicated in the Product Sheet and/or on the Website will run from the date the Seller receives the bank transfer and not from the date the order is sent, as occurs when you choose other payment methods.
Unless otherwise agreed, the Services will be provided only after receipt of the Total Amount Due by bank transfer.
You are requested to indicate the following details in the bank transfer reference:
- model, color and size of the purchased product.
From the time the order is sent, you must arrange payment within 2 business days. Failing this, the Seller reserves the right to cancel the order within the following 2 business days.
8.5 If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorize such assignment.
Art. 9. Right of withdrawal
9.1 For products made to measure, clearly personalized, or ordered with bespoke production, unless otherwise indicated, you do not have the right of withdrawal provided for by Article 52 of the Consumer Code.
9.2 If you are a consumer, you have the right to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to bear costs other than those provided for in this article, within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 consecutive calendar days, including the day of delivery:
a. in the case of an order concerning a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
c. in the case of an order concerning the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
9.3 To exercise your right of withdrawal or change the size of the purchased product, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
For out-of-stock items produced within 7-15 working days at the customer's request (received by email), returns or size exchanges are not permitted (the customer assumes responsibility for the size selected and communicated when placing the order).
9.4 You have exercised your right of withdrawal within the Withdrawal Period if you send the communication concerning the exercise of your right of withdrawal before the expiry of the Withdrawal Period. This communication must be sent via the email address albertozaccagnini.official@gmail.com
Please note that, since the burden of proof relating to exercising the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.
9.5 For damaged products found inside the packaging upon delivery, the purchaser must report the incident no later than 3 working days after delivery. Otherwise, the seller shall not be liable in this regard.
If you exercise your right of withdrawal, you are responsible for shipping the return/exchange, and the refund will be issued 24 hours after delivery of the product to the address indicated above. Whether the courier collects the package from your home or you deliver it to a courier drop-off point, it is essential to request proof of delivery. If it is not possible to prove that the package was handed over to the courier, the Seller will not be responsible for any issues concerning the shipment (loss, etc.).
9.6 – SHIPPING, EXCHANGES, AND RETURNS IN ITALY
In the event of a return, the return shipping costs will be payable by you and deducted from the amount to be refunded (€15 for domestic shipments and €18 for Calabria, Sicily, and Sardinia).
In the event of a size exchange, shipping costs for the first size exchange are free.
If a product is returned after a size exchange has been made, both the return shipping costs and the size-exchange shipping costs will be payable by you and deducted from the amount to be refunded (€22 for domestic shipments and €27 for Calabria, Sicily, and Sardinia).
Returns cannot be made if a size exchange has been requested for a product that is unavailable in stock.
In the event of a request to change the size/item, any applicable fees must be paid within 7 working days. If you refuse the size exchange, you must notify the seller of this decision within 7 days. After 7 days, it will no longer be possible to return the product, which will remain available at our warehouses and will be shipped only after payment of the shipping costs.
These conditions do not apply to shipments to remote areas (e.g. the Aeolian Islands, Capri, Ischia, Venice, etc.), for which the shipping costs for size exchanges and return shipments are payable by the customer (the cost of each individual leg will be determined according to the shipping area, based on the carrier's rate schedule used by Cuero srl).
If products purchased using the PayPal payment method are returned, in addition to the shipping costs indicated above, the PayPal transaction fee (3.4% of the amount paid) will also be deducted from the amount to be refunded.
If products purchased by card are returned, in addition to the shipping costs indicated above, the transaction fee (3.5% of the amount paid) will also be deducted from the amount to be refunded.
If products purchased using the Scalapay payment method are returned or an order cancellation is requested, in addition to the shipping costs indicated above, the Scalapay transaction fee (8.4% of the amount paid) will also be deducted from the amount to be refunded.
If products purchased using the Pagolight payment method are returned, in addition to the shipping costs indicated above, the Pagolight transaction fee (6.5% of the amount paid) will also be deducted from the amount to be refunded.
If products purchased with Cash on Delivery are returned, in addition to the shipping costs indicated above, the Cash on Delivery fee (€12) will also be deducted from the amount to be refunded.
Payment method fees will also be deducted in the event of order cancellation.
The refund will be made by bank transfer (in the case of payment by card or bank transfer), Scalapay or PayPal after the goods have been returned.
If the product is exchanged and the price of the new product selected is lower than the amount originally paid, a credit will be issued to the customer, which may be used on the website within one year of its issuance.
For products in the “Gloves” category and products on sale (marked with the star or SALDI INVERNALI / SALDI / EXTRA SCONTO / PRE SALDI ESTIVI / SCONTO10 / BENVENUTO10 / BENVENUTO20 / PRIVATI25 / HALLOWEEN10 / BLACK10 / NATALE15 / SALDI20 / ANCORA20 / CLICKDAY20 / CLICKDAY50 / SCONTO5 / PROMOASOLI159 / PIUMINI199€ / WEEKEND10 / BLACKFRIDAY / BIRTHDAY10 / PROMOZIONE SPRING/ MAMMA30 / SALDI20 / EXTRA20 / 20SPNW / 15SPNW /IMPERDIBILE30 and any other type of discount. The shipping costs for size exchanges and returns are payable by you.
9.7 – INTERNATIONAL SHIPPING, EXCHANGES AND RETURNS
In the event of a size exchange, shipping costs for the requested size are free, provided that the incorrect size is received with shipping payable by the buyer.
In the event of a return, the return shipping costs are payable by the buyer. The refund will be issued net of the shipping costs paid when the order was placed.
If a return is made after a size exchange, both the return shipping costs and the size-exchange shipping costs will be payable by you and deducted from the amount to be refunded.
Returns cannot be made if a size exchange has been requested for a product that is unavailable in stock.
Please note that any customs duties (in the case of shipments outside the EU) are payable by the customer, even if the customer has requested an exchange/return using their own courier. If customs duties are charged to Cuero srl, the product will be collected only after the customer has paid the costs or, in the case of a return, the costs will be deducted when the refund is processed.
Cuero srl accepts no responsibility for any customs holds due to missing documentation on the customer's part or for any other reason.
Cuero srl accepts no responsibility for any damage caused to the goods during transport when shipments are made by a courier chosen by the customer.
The refund will be made using the payment method used after the return has been received at Cuero srl's warehouses.
If the product is exchanged and the price of the new product selected is lower than the amount originally paid, a credit will be issued to the customer, which may be used on the website within one year of its issuance.
For products belonging to the “Gloves” category and products on Sale (marked with the star or WINTER SALE / SALE and EXTRA DISCOUNT Promo / PRE-SUMMER SALE / DISCOUNT10 / WELCOME10 / WELCOME20 / PRIVATE25 / HALLOWEEN10 / BLACK10 / CHRISTMAS10 / SALE15
The discount code can be used only once and cannot be combined in the event of product exchanges.
9.8 WARNINGS: we recommend using the garment while avoiding contact with water and heat sources; Alberto Zaccagnini of Cuero srl will not be responsible for any issues arising from these factors. Small speckles and color variations are natural characteristics of the leather used and its processing. In addition, for suede-type leather, the slight release of microparticles is physiological and falls within the parameters established by rubbing and abrasion tests. For treated vintage garments, we cannot guarantee that the fit exactly matches standard measurements; therefore, we recommend purchasing one size larger. For MERINOS garments, small speckles, slight creases and abrasions result from the treatment, giving them a vintage look. We do not guarantee color uniformity and are not responsible for anything mentioned above.
For items 89LVIBR/97VINBR/98LVIBR/89MNWBR/89MNWNE/98MNWBR/98MNWNE/25MNWNE/25MNWBR/98LVINE /98LVIBR /98LVIBL, we cannot guarantee that the vintage effect of the leather will be uniform on an individual garment or between different garments, as this is an artisanal, handmade process. The vintage effect of "wild" items may intensify with use of the jacket itself, making the worn effect unique and original. Color changes and the appearance of abrasions are not attributable to leather-related issues. In addition, as these garments are treated, we cannot guarantee that their measurements correspond 100% to the size chart provided. The product color is 90% accurate because, as these are handcrafted products made of genuine leather, in addition to photo processing and lighting effects, it may be perceived as slightly different from how it appears in the photos displayed on the website.
9.9 You are solely responsible for any decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics, and operation of the Product. The Product must in any event be stored, handled, and inspected with ordinary care and returned intact, complete in every part, in perfect working order, accompanied by all accessories and instruction sheets, with the identification tags, labels, and warranty seal still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear, permanent creases, or dirt (an amount equal to at least 10% of the product's value at the time of the refund may be deducted). If the warranty seal was not present when the product was received, this must be promptly reported to albertozaccagnini.official@gmail.com. The withdrawal also applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories of the Product.
If the product's wrapping/packaging is damaged (holes, obvious openings) upon delivery, you must accept the goods by signing with reservation and promptly notifying the Seller of what happened. Otherwise, return requests for damaged items will not be considered.
In addition, the return packaging must be similar to that of the product received: in the event of a return using boxes or packaging with a larger volume than those used for the initial shipment, €20 for extra-volume shipping will be deducted during the refund.
9.10 If the Product for which the withdrawal has been exercised has decreased in value as a result of handling other than that necessary to establish the nature, characteristics, and operation of the Product, the Seller reserves the right to deduct an amount equal to such decrease in value from the refund. The Seller will notify you of this circumstance and the resulting reduced refund amount within 5 days of receiving the Product, providing, if the refund has already been paid, the bank details for payment of the amount owed by you due to the decrease in value of the Product.
9.11 If the withdrawal was not exercised in accordance with the applicable legislation, it will not result in termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify the user within 5 (business) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.
9.12 In the event of partial withdrawal from Multiple Orders, the delivery costs to be refunded to you will be calculated proportionally to the value of the Product being returned. Therefore, if, for example, you placed a total order of 200.00 euros, including two Products, the first worth 50.00 euros and the second worth 150.00 euros, and you return the Product worth 150.00 euros, you will be refunded an amount equal to 75% of the delivery costs incurred. In any event, the amount of the delivery costs to be refunded may never exceed the amount actually paid.
9.13 If, upon receipt of the order, the packaging containing the order has been tampered with or is damaged, it is necessary to accept the delivery subject to inspection and notify the sender of the incident within no more than 5 days of receipt in order to dispute the shipment with the courier and establish responsibility for the incident.
Art. 10. Legal Warranty
All Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Consumer Code (Legal Warranty).
Who it applies to
The Legal Warranty is reserved for consumers. Therefore, it applies only to users who made the purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity they may carry out.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of its delivery.
The lack of conformity must be reported to the seller, otherwise the warranty will be forfeited; upon receipt of the product, we will send a specific notification by email to albertozaccagnini.official@gmail.com. If the non-conformity is not reported, the product received shall be deemed to be free from defects and faults and compliant with the information provided on the website.
Unless proven otherwise, it is presumed that defects in conformity that become apparent within six months of delivery of the Product already existed on that date, unless this presumption is incompatible with the nature of the Product or the nature of the defect in conformity. From the seventh month following delivery of the Product, it shall instead be the consumer’s responsibility to prove that the defect in conformity already existed at the time of delivery.
To benefit from the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. The consumer should therefore, for this purpose, retain the purchase invoice or any other document that can certify the date on which the purchase was made (for example, the payment card statement) and the delivery date.
In the event of termination of the contract, the Seller shall refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional costs. In the event of a price reduction, the Seller shall refund the amount of the reduction previously agreed with the consumer. The refund or reduction amount shall be credited to the payment method or solution used by the consumer for the purchase.
The Seller is not liable for damages of any kind arising from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, nor for damage arising from unforeseeable events or force majeure.
If you made the purchase as a “professional” pursuant to the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. The legal guarantee provided for by Article 1490 of the Italian Civil Code shall apply to your purchase on the Website.
Art. 11. Applicable law and competent court; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution
11.1 Purchase contracts concluded through the Website are governed by Italian law. This is without prejudice to the application to consumer users whose habitual residence is not in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
11.2 Please note that, in the case of a consumer user, for any dispute relating to the application, performance, and interpretation of this document, jurisdiction lies with the court of the place where the user resides or has elected domicile. In the case of a professional user, for any dispute relating to the application, performance, and interpretation of this document, jurisdiction instead lies with the court where the Seller has its registered office, pursuant to Article 1 above.
11.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint directly to the Seller and it has nevertheless not been possible to resolve the resulting dispute, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.
11.4 The Seller also informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (the 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 may consult the list of ADR bodies, find the link to each body’s website, and initiate an online dispute resolution procedure concerning a dispute in which they are involved.
11.5 In any event, the consumer user’s right to bring proceedings before the ordinary court with jurisdiction over the dispute arising from these General Terms and Conditions of Sale remains unaffected, regardless of the outcome of the out-of-court procedure for resolving disputes relating to consumer relationships through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
11.6 A user residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, implementation, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed Euro 2,000.00, excluding interest, rights, and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu.
Art. 12. Customer service and complaints
You may request information, send communications, request assistance, or submit complaints by contacting the Seller in the following ways:
- by completing and submitting the form available at the following link “Contact us”
- by email, at the following address: albertozaccagnini.official@gmail.com .
The Seller will respond to complaints submitted within 3 days of receiving them.