GENERAL CONDITIONS OF SALE
This notice is provided for the"https://shop.classe.it/gb/"website (Site) owned by Classe Srl, with registered office in Via Giuseppe di Vittorio 72/74, registered with the Chamber of Commerce of Florence with VAT no. 03763080482; share capital € 100,000.00 fully paid up(Company).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (art. 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 the rules on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales made by the Company 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 may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
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 Conditions of Sale do not govern the sale of products and/or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to check their conditions of sale. The Company is not responsible for the provision of services and/or the sale of products by such subjects. On the websites that can be consulted through such links, the Company does not carry out any control and/or monitoring. Therefore, the Company is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law on their part.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site.
Art. 2. Purchases on the Site
2.1 Purchases on the Site
- may only be made after registration on the Site
- 1 Purchases on the Site may be made only after registration with the Site and may be made both by users who are consumers and by users who are not consumers.
2.2 Pursuant to Article 3, paragraph I, lett. a) of the Consumer Code, we remind you that natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, are considered consumers.
2.3 The Company reserves the right to refuse or cancel orders that come from
- from a user with whom the Company has an ongoing legal dispute
- by a user who has previously violated the General Terms and Conditions of Sale
- by a User who has been involved in criminal offences.
Art. 3. Registration on the Site
3.1 To register on the Site, you must fill out the appropriate form, entering the following data
- first name
- home address
3.2 You agree to inform the Company immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
3.3 The user registered to the Site guarantees that the personal information provided by him/her is complete and true and agrees to hold the Company harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way related to the violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to proceed to disable the user's account.
Art. 4. Information directed to the conclusion of the contract
4.1 In accordance with Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, the Company 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 Company, electronically, following the instructions that will appear on the Site from time to time
- the contract is concluded when the order form reaches the Company's server
- once the order form has been received, the Company will send you, to the e-mail address indicated, confirmation of the order containing
- the information relating to the characteristics of the purchase
- an indication of the price
- an indication of the means of payment used
- an indication of the delivery costs
- an indication of the delivery time
- an indication of the delivery costs and any additional costs.
Art. 5. Availability of the Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 The Site contains information on the availability of each Product.
5.3 You will be informed in the event that the Product ordered is no longer available. In this case, you shall be entitled to terminate the purchase contract pursuant to the provisions of Article 61, paragraphs IV and V of the Consumer Code.
5.4 Alternatively, you may accept
- if a reassortment is possible, an extension of the delivery period, offered by the Company, with an indication of the new delivery period
- if re-assortment is not possible, the Company will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to your express acceptance
- the Company will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the period within which it can be used and any limitations shall be communicated by the Company from time to time.
5.5 In the event that you request a refund of the amount paid for the purchase of Products which are later found to be unavailable, the Company shall make the refund within a maximum period of 10 days.
5.6 In the event that you make use of the right to terminate the contract pursuant to Article 61, paragraphs IV and V, of the Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order(Total Amount Due) has already been made, the Company shall refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.
Art. 6. Information Sheet
6.1 Each product and/or service is accompanied by an information page that illustrates its main characteristics(Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you to view them. The Product images in the Information Sheet may also differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use.
Art. 7. Prices
7.1 All prices of the Products published on the Site are inclusive of Value Added Tax (where applicable, prices include the WEEE contribution).
7.2 The Company reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order will not be taken into account.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.
Art. 8. Purchase Orders
8.1 The Company will dispatch the Products only after receiving confirmation of the payment authorisation or after the Total Amount Due has been credited. Ownership of the Products shall pass to you upon dispatch, which shall be deemed to be the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products, due to causes not attributable to the Company, on the other hand, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.
8.2 The purchase contract is terminably conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order shall be cancelled accordingly.
8.3 In order to submit a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale shall make it impossible to make purchases on the Site.
Art. 9. Methods of payment
9.1 The following payment methods are allowed on the Site:
- Payment Card
- Cash on delivery
- Bank transfer.
9.2 The Company accepts credit cards of the following circuits
- MasterCard (Cirrus Maestro)
- American Express
- Diners Club International
They are, in any event, indicated in the footer of each page of the Site.
The debit will only be made once (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorisation.
Confidential payment card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Company. The Company 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 transmitted.
9.3 You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and to the 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 Company. The latter is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to this account.
In the event of payment by PayPal, the Total Amount Due will be debited from you by PayPal at the same time as the conclusion of the contract via the Website. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement due to you shall be credited to your PayPal account. The timing of the crediting to the payment instrument linked to such account depends exclusively on PayPal and the banking system. Once the crediting order has been placed in favour of such account, the Company shall not be held liable for any delays or omissions in crediting the refund amount, in order to dispute such delays or omissions, which you must contact PayPal directly. Any refund to be made pursuant to these Terms and Conditions shall be credited to your PayPal account.
9.4 Should you choose cash on delivery as payment method, we inform you that an additional charge of €5.00 shall be applied to the entire shipment, or the different amount indicated on the Site from time to time. Should you choose to pay by cash on delivery, you must have the amount indicated in the purchase order available in cash upon delivery of the Products (as the courier is not authorised to accept cheques and cannot give change): if you fail to do so, the purchase contract shall be deemed to be terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code. You shall be notified of the termination of the contract and the consequent cancellation of the order. Any reimbursement to be made pursuant to these General Terms and Conditions of Sale shall be made by bank transfer to the bank details you have provided.
9.5 In the event that you choose bank transfer as the method of payment, the Company, once it has received your order, shall notify you by email of the bank details and the deadline for making the transfer. The email may contain the request to send the receipt of the bank transfer or the confirmation of the bank transfer by email.
In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and/or on the Site shall start from the date of receipt of the bank transfer by the Company and not from the date of transmission of the order, as is the case if you choose other methods of payment.
You are requested to indicate the following data in the reason for the bank transfer:
- the order reference number.
You must arrange payment within 7 working days of placing the order. Failing this, the Company reserves the right to cancel the order within the next 14 working days.
Art. 10. Delivery of the Products
10.1 There are no limitations on delivery, except in the cases indicated on the Site and/or in the Product Sheet.
10.2 Shipping costs are indicated on the Site and/or in the Product Sheet from time to time.
10.3 From the date the order is sent, the Products will be delivered within 3 days. In the event of failure to indicate a specific delivery term, delivery shall take place, in any event, within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for causes not attributable to the Company is transferred when you, or a third party designated by you and different from the carrier, materially comes into possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet or in any case altered, including the sealing materials, and you are invited, in your interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Company. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
Art. 11. Right of Withdrawal
11.1 If you are a consumer, you have the right to withdraw from the Product purchase contract without giving any reason and without incurring any costs other than those provided for in this article within a period of fourteen calendar days(Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of an Order for a single Product, from the day on which you or a third party other than the carrier and designated by you acquire 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 takes physical possession of the last Product; or
c. in the case of an order for 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.
11.2 To exercise your right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in at least one of the following ways:
Classe Srl Via Giuseppe di Vittorio 72/74
or by email:
Please note that as the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is on you, it is in your interest to use a durable medium when notifying the Company of your withdrawal.
11.4 If you exercise your right of withdrawal, you must deliver the Product to the registered office indicated at the beginning of these General Conditions of Sale.
11.5 You shall bear the direct costs of returning the Products as well as the responsibility for their transport. In the case of Products which by their nature cannot normally be returned by post, the estimated maximum cost of returning such Products will be indicated in theModel Instructions on Withdrawal.
11.6 If you withdraw from the contract, the Company will proceed to refund the Total Amount Due, including delivery costs if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Company was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the refund until we have received the Products or until you have demonstrated that you have returned the Products, whichever is earlier.
11.7 You shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. In any case, the Product shall be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, 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 without signs of wear or dirt. Moreover, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value as a result of a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Company reserves the right to deduct from the amount of the refund an amount equal to this decrease in value. The Company shall notify you of this circumstance and the consequent reduction in the refund amount within 3 days of receipt of the Product, providing, if the refund has already been paid, the bank details for payment of the amount owed by you due to the reduction in the value of the Product.
11.9 In the event that the withdrawal is not exercised in accordance with the applicable regulations, it shall not result in the termination of the contract and, consequently, shall not entitle the user to any reimbursement. The Company shall notify you of this within 3 (working) days of receipt of the Product, rejecting your request for withdrawal. The Product shall remain with the Company at your disposal for collection, which shall take place at your expense and under your responsibility.
11.10 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be refunded to you shall be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of Euro 200.00, which includes two Products, the first of the value of Euro 50.00 and the second of the value of Euro 150.00, and you return the Product of the value of Euro 150.00, you shall be reimbursed an amount equal to 75% of the delivery costs incurred. In any event, the amount of the delivery costs to be returned shall never exceed the amount actually paid.
Art. 12. Legal Warranty
All the Products sold on the Site are covered by the Legal Warranty of Conformity provided for by articles 128-135 of the Consumer Code(Legal Warranty).
To whom it applies
The Legal Warranty is reserved to consumers. It therefore only applies to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
When it applies
The Company is liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, it shall be presumed that the conformity defects that become apparent within six months after delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. Starting from the seventh month following delivery of the Product, it shall instead be the consumer's burden to prove that the conformity defect already existed at the time of delivery of the Product.
In order to benefit from the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can attest to the date on which the purchase was made (e.g. payment card statement) and the date of delivery.
In the event of termination of the contract, the Company shall refund to the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Company will refund the amount of the reduction, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Company is not responsible in the event of damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
Art. 13. Conventional Manufacturer's Warranty
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer(Conventional Warranty). You may enforce such a warranty only against the manufacturer. The duration, the extension, including territorial extension, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit or exclude the Legal Guarantee.
Art. 14. Applicable Law and Jurisdiction; Out-of-Court Settlement of Disputes - Alternative Dispute Resolution/Online Dispute Resolution
14.1 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 favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
14.2 Please note that in the case of consumer users, the court of the place where the user resides or has elected domicile shall be competent for any dispute concerning the application, execution and interpretation of this document.
14.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who has the status of consumer pursuant to Article 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Company, following which it has nevertheless not been possible to resolve the dispute thus arising, the Company will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR bodies, as defined in Article 141-sexies, paragraph 3 of the Consumer Code).d. ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute.
14.4 The Company also informs the user who has the status of consumer pursuant to Article 3(1)(a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user may consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
14.5 The right of the consumer user to bring an action before the ordinary courts having jurisdiction over the dispute arising from these General Terms and Conditions of Sale, whatever the outcome of the out-of-court settlement procedure for disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
14.6 Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to 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, excluding interest, fees and expenses, Euro 2,000.00. The text of the Regulation can be found at www.eur-lex.europa.eu.
Art. 15. Customer Service and Complaints
You may request information, send communications, request assistance or make complaints by contacting the Company in the following ways
- by completing and sending the form available at the following link "https://shop.classe.it/gb/contact-us"
- by email, at the following address: firstname.lastname@example.org
- by telephone, at the following number: 057183421.
The Company will respond to complaints submitted within 7 days of their receipt