General conditions of Sale
GENERAL CONDITIONS OF SALE
Premise
This information is provided for the site “ http://www.albertozaccagnini.it ” ( Site ) owned by Cuero srl, with headquarters in Via Santa Candida Ortali 49 – 83020 San Michele Di Serino (AV), registered with the Chamber of Commerce of Avellino, with 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 the Legislative Decree of 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1Purchases on the Site are permitted both to users who qualify as consumers and to users who qualify as professionals. Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, please note that the quality of consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out; while pursuant to art. 3, paragraph I, letter. c) of the Consumer Code, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, holds the status of professional.
2.2 In the case of orders, originating from anyone, which are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.
2.3 The Seller reserves the right to refuse or cancel orders that come from:
- by a user with whom the Seller has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- by a user who has been involved in crimes
- 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 the same or who has sent invalid documents.
Art. 3. Registration on the Site
3.1 To register on the Site you must complete the appropriate form, entering the following data:
- first name
- surname
- password
3.2 You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of your access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by part of the user of the rules on registration on the Site or on the conservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to proceed with disabling the user's account.
Art. 4. Information aimed at the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Seller, electronically, following the instructions that appear from time to time on the Site
- 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 the order confirmation containing:
- information relating to the characteristics of the purchase
- the indication of the price.
Art. 5. Information Sheet
5.1Each product is accompanied by an information page which illustrates its main characteristics (Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the actual ones due to the settings of the information systems or computers used by you to view them. Furthermore, the Product images present in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use.
Art. 6. Prices
6.1 All prices of the Products published on the Site are inclusive of Value Added Tax and do not include any other type of tax or duty (with reference to foreign shipments - in particular non-EU).
6.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations will not be taken into account. (increasing or decreasing) following the transmission of the same.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
Art. 7. Purchase Orders
7.1 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically comes into possession of the Products.
The Service you have chosen will be carried out only following payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.
7.2 The purchase contract is definitively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.
7.3 In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
7.4 The Seller is not responsible for any storage costs for undelivered shipments due to the absence of the recipient. Therefore the above-mentioned expenses are completely borne by him.
Art. 8. Payment methods
8.1 The following payment methods are permitted on the Site:
- Payment letter
- PayPal
- Bank transfer
- Scalapay
- Magic Checkout.
8.2 The Seller accepts credit cards from the following circuits:
- VISA
- MasterCard (Cirrus Maestro)
- American Express
The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made when the order is sent.
8.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the payment card data connected to your PayPal account or the data of any other payment instrument connected to this account.
In the case of payment via PayPal, the Total Amount Due will be debited by PayPal upon conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of refund due to you will be credited to your PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
8.4 In the event that you choose bank transfer as the payment method, after placing the order you will be able to make the payment to the bank details indicated on the Site.
In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order, as happens in the case in which you choose other payment methods.
Unless otherwise agreed, the Services will be rendered only after receipt of the Total Amount Due by bank transfer.
Please indicate the following data in the bank transfer reason:
- model, color and size of the product purchased.
From sending the order you must arrange payment within 2 working days. Failing this, the Seller reserves the right to cancel the order in the following 2 working days.
8.5 If you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their transferees, and that you authorize such transfer.
Art. 9. Right of withdrawal
9.1 In the case of products produced to measure, clearly personalized or requested with ad hoc production, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by the art. 52 of the Consumer Code.
9.2If you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reason and without having to incur costs other than those provided for herein article within the period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 natural and consecutive days:
to. in the case of an order relating to 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 relating to 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 the right of withdrawal or to change the size of the product purchased, you must inform the Seller, before the withdrawal period expires, of your decision to withdraw.
For out-of-stock items produced in 7-15 working days upon customer request (received via email), there is no possibility of return or size change (the customer assumes responsibility for the choice of size communicated at the time of ordering)
9.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you 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 the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies on you, it is in your interest to make use of a durable medium when communicating your withdrawal to the Seller.
9.5 In case of exercising the right of withdrawal, you are responsible for shipping the return/exchange and the refund will take place 24 hours after delivery of the product to the address in the epigraph. Both in the case of home collection by the courier and delivery to a courier collection point, it is essential to request a delivery receipt. If it is not possible to demonstrate that the package was entrusted to the courier, the Seller will not be responsible for any problems regarding the shipment (loss, etc.)
9.6 – SHIPMENTS, EXCHANGES AND RETURNS IN ITALY
In the event of a return, shipping costs will be your responsibility and deducted from the amount to be refunded(€12 national shipping and €15 Calabria, Sicily and Sardinia).
In case of size change, the shipping costs of the first size change are free.
In the case of a return after having changed size, both the return shipping costs of the return and the size change will be at your expense and deducted from the amount to be refunded (€18 for national shipments and €23 € Calabria, Sicily and Sardinia).
It is not possible to make a return if a size change has been requested with a product not available in stock.
In the event of a request for a size/item change, any payment of costs must be made within 7 working days. In case of refusal of the size change, this choice must be communicated to the seller within 7 days. After 7 days, it will not be possible to make a return and the product will be available in our warehouses and shipped only after payment of shipping costs.
These conditions do not apply to shipments from disadvantaged areas (e.g. Aeolian Islands, Capri, Ischia, Venice, etc.) for which the shipping costs for size changes and returns are paid by the customer (the cost of each individual route will be defined according to the shipping area based on the courier's tariff used by Cuero srl).
In case of return of products purchased with Paypal payment method, in addition to the shipping costs as indicated above, the Paypal transaction cost will also be subtracted from the amount to be refunded(3.4% of the amount paid).
In the event of returns of products purchased by card, in addition to the shipping costs as indicated above, the transaction cost (2% of the amount paid) will also be deducted from the amount to be refunded.
In case of return of products purchased with Afterpay payment method, in addition to the shipping costs as indicated above, the Afterpay transaction cost will also be deducted from the amount to be refunded(8.8% of the amount amount paid).
In the event of returns of products purchased with a Pagolight payment method, in addition to the shipping costs as indicated above, the Pagolight transaction cost will also be deducted from the amount to be refunded(6.5% of the amount paid).
In the event of returns of products purchased on delivery, in addition to the shipping costs as indicated above, the cost of the cash on delivery (€12) will also be deducted from the amount to be refunded.
Payment method commission costs will also be deducted if you cancel your order.
The refund will be made by bank transfer (in case of payment by card or bank transfer), Afterpay or Paypal after return.
In the event of a product change, if the new product chosen is of a lower amount than the one originally paid, a credit will be issued in favor of the customer which he can use on the site within one year of its issue.
For products belonging to the "Gloves" category and product in Sale (marked with the star or "WINTER SALE", "SALE") and Promo EXTRA DISCOUNT / PRE SUMMER SALE / DISCOUNT10 / WELCOME10 / WELCOME20 / PRIVATE25 / HALLOWEEN10 / BLACK10 / CHRISTMAS10 / SALES15 / STILL20 / CLICKDAY20 / CLICKDAY50 / SCONTO5 and any other type of discount. Shipping costs for size changes and returns are your responsibility.
CLICKDAY50. Discount reserved for a minimum order of 2 products. In case of return of one of the items, the discount will be recalculated from €50 to €20.
9.7 – INTERNATIONAL SHIPMENTS, EXCHANGES AND RETURNS
In case of size change, the shipping costs of the first size change are free.
In case of return, shipping costs are free. The refund of the amount will be made net of shipping costs paid during the order.
In the case of a return after having changed the size, both the return shipping costs and the cost of the size change will be at your expense and deducted from the amount to be refunded.
It is not possible to make a return if a size change has been requested with a product not available in stock.
Please note that any customs taxes (in the case of shipments outside the EU) are the responsibility of the customer, even if the customer has requested an exchange/return with their courier. If customs taxes are requested from Cuero srl, the collection of the product will be carried out upon payment of the costs by the customer or, in the case of a return, the costs will be deducted during the refund phase.
The refund will be made via the payment method used after receiving the return at the Cuero srl warehouses.
In the event of a product change, if the new product chosen is of a lower amount than the one originally paid, a credit will be issued in favor of the customer which he can use on the site within one year of its issue.
For products belonging to the "Gloves" category and product in Sale (marked with the star or "WINTER SALE", "SALE") and Promo EXTRA DISCOUNT / PRE SUMMER SALE / DISCOUNT10 / WELCOME10 / WELCOME20 / PRIVATE25 / HALLOWEEN10 / BLACK10 / CHRISTMAS10 / SALES15
9.8 WARNINGS:we recommend using the garment avoiding contact with water and heat sources, Alberto Zaccagnini di Cuero srl will not be responsible for any problems arising from these factors . Small specks and color variations are natural characteristics of the leather used and its processing. Furthermore, for suede-type leather, the slight release of micro-dust appears to be physiological and falls within the parameters established by rubbing and abrasion tests. For treated vintage garments we do not guarantee that the fit exactly reflects the standard measurements, therefore, we recommend purchasing one size larger. For MERINOS garments, small punctuations, slight creases and abrasions are the result of the treatment, giving a vintage look. We do not guarantee color uniformity and are not responsible for any of the above.
For articles 89LVIBR, 97VINBR and 98LVIBR we do not ensure that the vintage effect of the leather is homogeneous on the single item and between different items as it is a handcrafted process. The color of the products is 90% reliable as, being handcrafted and made of real leather, in addition to the processing of the photos and the lighting effect, it could be perceived slightly different from what appears in the photos displayed on the site.
9.9 You are solely responsible for diminished value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with the identification tags, labels and warranty seal still attached. to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear, indelible folds or dirt (an amount may be deducted equal to at least 10% of the value of the product at the time of reimbursement). In the event that the guarantee seal is not present when receiving the product, it is necessary to promptly communicate it to albertozaccagnini.official@gmail.com. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
If the product casing/packaging shows damage (holes, noticeable openings) at the time of delivery, you are required to collect the goods by signing with reserve and promptly communicating the incident to the Seller. Otherwise, return requests for damaged items will not be taken into consideration.
Furthermore, the packaging for the return must be similar to that of the product received: in the case of returns with boxes or packaging of larger volumes than those used in the case of the first shipment, €20 per extra-volume shipment will be deducted during the refund phase.
9.10 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will notify the Seller of the circumstance and the consequent decreased refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to of the decrease in value of the Product.
9.11 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) 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 his expense and under his responsibility.
9.12 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product of value of 150.00 Euros, you will be reimbursed an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned can never exceed the amount actually paid.
Art. 10. Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of the Consumer Code (Legal Guarantee).
Who it applies to
The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
When it applies
The Seller is responsible towards the consumer for any lack of conformity of the Product which occurs within two years of such delivery.
The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty. Upon receipt of the product, we will send a specific communication via email to albertozaccagnini.official@gmail.com. In the event that the discrepancy is not reported, it is understood that the product received is free of faults and defects and complies with what is present on the site.
Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer's burden 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 consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller will 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 will refund the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.
The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
If you made the purchase as a "professional" in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. will apply to your purchase on the Site. 1490 c.c.
Art. 11. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
11.1 Purchase contracts concluded through the Site 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 more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
11.2 Please remember that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has chosen domicile has jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent pursuant to the provisions of article 1 above.
11.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, following which however it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to make use of or not of such bodies to resolve the dispute itself.
11.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted 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.
11.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to the procedures of referred to in Part V, Title II-bis Consumer Code.
11.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the site www.eur-lex.europa.eu.
Art. 12. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
- by completing and sending the form available at the following “Contact us” link
- by email, to the following address: albertozaccagnini.official@gmail.com .
The Seller will respond to complaints submitted within 3 days of receiving them.