- ARTICLE 1 - DEFINITIONS, OBJECT AND APPLICABLE LAW
1.1 Definitions
In these general conditions of sale:
“Customer” means any person, whether or not they have completed the registration procedure, who purchases one or more products through the Website, whether as a consumer (“Consumer Customer”) or a professional (“Professional Customer”).
“Italia Colleziona” means the online e-commerce shop, published on the website www.italiacolleziona.com, named “Italia Colleziona” with registered office in Naples, via Giuseppe Capaldo 30, registered in the Register of Companies of Naples, registration number 876176, Tax Code and VAT number 07314701215. E-mail:info@italiacolleziona.com
“Website” means the Internet website www.italiacolleziona.com.
1.2 Selling Party and applicable regulation to this sales contract
Italia Colleziona will act as the selling party for all products that the Customer chooses to purchase through the Website and receive at their domicile. The sale and purchase of products through the Website is governed by these general conditions as well as, where applicable, by the provisions of the Consumer Code and Legislative Decree no. 70/2003 and by the provisions of the civil code, for anything not provided for herein.
- ARTICLE 2 - PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS
2.1 Offer of products and services on the Website
The offer of products available for purchase through the Website constitutes an invitation to offer and the order sent by the Customer through the Website shall be valid as a contractual proposal to purchase, subject to confirmation and/or acceptance by Italia Colleziona as described below.
The characteristics of the products offered on the Website are described in the specific information sheets published on the Website. We invite you to read them carefully and to understand that certain products, even if present on the Website, may not always or immediately be available. In the information sheet of each product, it is clearly indicated whether the product you have selected is:
- “available”: means that the product is physically present in the warehouse of Italia Colleziona.
In this case, the Customer may proceed immediately with the purchase of the relative product by sending the purchase proposal, according to the methods indicated on the Website.
2.2 Confirmation of receipt of the order and relative acceptance
After sending the purchase proposal, the Customer will immediately receive an e-mail containing the confirmation of receipt by Italia Colleziona and the identification number assigned to the purchase proposal.
In the case of “available” products, the Customer's purchase proposal will be considered immediately accepted by Italia Colleziona. Therefore, the confirmation of receipt e-mail will also serve as confirmation of acceptance. Italia Colleziona will proceed directly to the shipment of the products purchased by the Customer within the times and in the manners indicated in these general conditions.
2.3 Updates regarding the order status
In addition to the updates that will be sent by Italia Colleziona via e-mail, the Customer may at any time check the status of their order in the specific dedicated section of the Website.
Orders for products on sale in our catalogs and/or on our website can also be placed via fax at no. 091.7724296 or via email at info@italiacolleziona.com using the appropriate form found inside our catalogs.
- ARTICLE 3 - PRICES AND CHARACTERISTICS OF THE PRODUCTS
3.1 Products on offer
For products on offer and for certain specific promotions, reference is made to the relevant regulations shown on the Website.
3.2 Prices
The prices of the products offered on the Website include VAT, while they do not include any transport costs and/or other additional services that may be requested by the Customer.
The price of the products illustrated on the Website in the relative technical data sheets is the one in force at the time the purchase proposal is sent by the Customer, as viewable by the Customer on the Website at the time of choosing the product as well as within the proposal itself.
Without prejudice to all of the foregoing, Italia Colleziona reserves the right to modify at any time, at its sole discretion and without prior notice, the price of the products present from time to time on the Website, therefore providing no guarantee that the sale price of the products will remain available on the Website or unchanged for a certain period of time.
3.3 Description of the Products
The product sheets present on the Website contain the description of the characteristics of each product. The images and photos used to accompany each descriptive sheet of the products are merely indicative and may not be perfectly representative of the characteristics of the product itself.
- ARTICLE 4 - PAYMENT
4.1 Accepted payment methods
The products purchased by the Customer through the Website may be paid for alternatively, by:
Bank Transfer - Bank check or cashier's check or postal order - Payment into postal current account - PayPal
- ARTICLE 5 - DELIVERY OF PRODUCTS PURCHASED THROUGH THE WEBSITE
5.1 Place of delivery
Italia Colleziona will deliver the products to the address indicated by the Customer in the purchase order.
5.2 Delivery times and storage
The Products indicated as “available” will be delivered within the term indicated in the relative product sheet and/or in the confirmation e-mail of acceptance of the purchase proposal, and in any case no later than 10 (ten) working days from the sending of the confirmation e-mail of acceptance of the purchase proposal.
In the event that the products cannot be delivered within the terms indicated in the preceding paragraphs, Italia Colleziona will contact the customer within 2 (two) working days from the expiry of the indicated term, providing information on the status of the shipment, without prejudice to the Customer's right to obtain a refund and to the further remedies provided for by art. 61, paragraphs 3-7 of the Consumer Code.
In case of purchase of multiple products of different types, Italia Colleziona reserves the right to deliver the individual products with different times and deliveries. This choice by Italia Colleziona will not involve any additional costs for the Customer.
5.3 Verification of products by the Customer
The customer is required to verify, upon receipt of the ordered products:
(a) if the packaging is intact;
(b) if the delivered product complies with their purchase order.
5.5 Invoice
The invoice relating to the products purchased through the Website will be issued upon explicit request of the customer.
5.6 Shipping methods
Once payment has been made, the lots will be shipped by conventional insured mail or registered mail with Poste Italiane according to the buyer's request, at their risk and expense, exempting Italia Colleziona srl from any liability upon presentation of the receipt of shipment made by the requested means. Any shipments insured for the full amount of the content will be agreed upon on a case-by-case basis.
Bulky lots are generally shipped by courier. For international shipments, rates change depending on postal zones.
For further information on shipping costs, visit the "Shipping" link at the bottom of the page.
5.7 Unavailability of a product
Italia Colleziona undertakes to do everything possible for the satisfaction of its Customers and for a prompt and efficient processing of orders sent through the Website. However, it may exceptionally happen that a product indicated as “available” and for which the Customer has made payment at the time the order was sent, turns out to be no longer available at the time the purchase proposal is taken over by Italia Colleziona. In this case, Italia Colleziona will immediately notify the Customer via e-mail.
- ARTICLE 6 - RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
6.1 Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within 14 (fourteen) days from receipt of the product at their domicile without any penalty and without having to provide any reason.
In the case of separate delivery of multiple products, ordered by the Consumer Customer with a single order, the 14 (fourteen) day term for exercising the right of withdrawal starts from the day on which the last good is delivered.
6.2 The Consumer Customer must communicate their intention to withdraw from the contract in one of the following ways:
(a) via email by filling out the withdrawal form present in the "My orders" section;
(b) or via fax to the number 091/7724296 or by registered letter with acknowledgment of receipt to the address:
Italia Colleziona srl
Via Veneto, 5
90144 - Palermo (PA).
(c) by filling out and sending the standard form compliant with Annex B of Legislative Decree 21/2014 or any other written statement expressing the intention to withdraw from the contract.
6.3 Italia Colleziona will confirm to the Consumer Customer without delay, via e-mail to the e-mail address communicated during the purchase procedure on the Website, receipt of the exercised withdrawal declaration and will provide the Customer with instructions to proceed with the return of the relative product(s).
6.4 In compliance with the provisions of article 59, letters c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for custom-made or clearly personalized products or those likely to deteriorate or expire rapidly.
6.5 Regarding the condition of the goods, they must be in a normal state of preservation. The consumer is solely liable for any diminished value resulting from handling other than what is “normal” and necessary to establish the nature, characteristics, and functioning of the goods.
6.6 The products for which the right of withdrawal is exercised must be returned within 14 days from the day on which the Consumer Customer communicated their intention to withdraw, substantially intact, in their original packaging, complete with accessories and any manuals, without any missing items, to the following address: Italia Colleziona srl, Via Veneto 5, 90144 Palermo (PA).
6.7 The transport costs for returning the products are borne by the Customer, as provided for by article 57, paragraph 1, of the Consumer Code.
6.8 Italia Colleziona will refund the price paid by the Consumer Customer within 14 days of receiving the returned products and subject to verification of their condition, using the same payment method used by the Consumer Customer at the time of purchase. The times for re-crediting the amount paid will be those applied by the payment circuit used by the Customer when ordering the product.
- ARTICLE 7 - AMENDMENTS AND PARTIAL INVALIDITY
Italia Colleziona reserves the right to make, at any time, at its sole discretion, any modifications, integrations and/or updates to the extent deemed necessary and/or, simply, appropriate to the Website, the contents, the programs and/or other materials contained therein and/or available through the Website itself (including these General Conditions).
For clarity, any modification and/or update made as above will not affect Contracts already concluded with Customers prior to the implementation of such modification or update.
In the event that any provision of this Contract is declared null, invalid or ineffective, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Contract shall not be affected.
- ARTICLE 8 - COMMUNICATIONS, CONTACTS AND COMPLAINTS
Below you will find the contact details to which you can address any requests, communications and/or complaints relating to your orders, these general conditions or, in general, to any contract concluded with Italia Colleziona through the Website:
e-Commerce Manager
Italia Colleziona srl
Via Veneto, 5
90144 – Palermo (Italy)
info@italiacolleziona.com
For any telephone assistance, please contact the number 091.7724302 from Monday to Friday (excluding public holidays) from 9:30 am to 1:00 pm and from 4:00 pm to 7:30 pm.
- ARTICLE 9 - JURISDICTION AND COMPETENT COURT FOR PROFESSIONAL CUSTOMER DISPUTES
9.1 The Contract is governed by Italian law.
9.2 For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Website by the Professional Customer or the use of any functionality made available to the Professional Customer themselves through the Website, the Court of Palermo shall have exclusive jurisdiction.
- ARTICLE 10 - ADR, JURISDICTION AND COMPETENT COURT FOR CONSUMER CUSTOMER DISPUTES
10.1 Any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Website by the Consumer Customer or the use of any functionality made available to the Consumer Customer themselves through the website, must be the subject of a conciliation attempt which will take place through the European “Online Dispute Resolution” (so-called ODR) platform available at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can submit a complaint relating to a contract concluded online with Italia Colleziona and thus activate the online dispute resolution procedure. The merchant's email address to be entered in the complaint is info@italiacolleziona.com
10.2 If the conciliation attempt fails, the dispute will be referred to the competent judicial authority of the court of residence or chosen domicile of the Consumer Customer.
10.3 In any case, the right of the Consumer Customer to approach the competent judge of their court of residence or chosen domicile remains unaffected, whatever the outcome of the mediation procedure. The jurisdiction of this court is mandatory and cannot be waived in any way.