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Are you interested in knowing the valid terms and conditions to purchase on
www.sartoriamoderna.com or www.sartoriamoderna.it ? We recommend you to read
this page.
Art. 1 DEFINITIONS
1.1. The term “Site” refers to the internet site
www.sartoriamoderna.com
1.2. The term “Customer” refers to the person who has
purchased from the Site according to the following general sale conditions. The
Customer can be either the person acting for purposes not related to the
professional activity carried out or the person or legal entity acting for
purposes directly related to the professional activity carried out;
1.3. “FRATELLI COLUCCI & C. S.A.S.” is a company
registered at the Taranto C.C.I.A.A. (Chamber of Commerce, Industry, Crafts and
Agriculture), n. 127516 of the Register of Companies, Fiscal Identification
Code - VAT Registration Number n. 02725270736, which has its office at Via
Foggia n°58 74012 Crispiano (TA) ITALY. DANILO COLUCCI owns the brand Sartoria
Moderna and the web site www.sartoriamoderna.com. FRATELLI COLUCCI & C.
S.A.S. is the Sartoria Moderna Official Licensee.
1.4. The term “Order” refers to the request form of the goods
on sale, filled in by the Customer on the Site.
1.5. The term “Products” refers to the goods on sale on the
Site according to the following general sale conditions;
1.6. The term “Customised Products” refers to the goods which
are customised at the Customer’s request and on his recommendation;
1.7. For the person acting for purposes not directly related
to the professional activity carried out, the term “Price” refers to the
corresponding amount to be paid for the goods on sale inclusive of the
freighting charges. For the person or legal entity acting for purposes directly
related to the professional activity carried out, the term “Price” refers to
the corresponding amount to be paid for the goods on sale NOT inclusive of the
freighting charges.
1.8. The term “Contract” refers to the remote sale contract
whose object is the product sale regulated by these general sale conditions.
1.9. The term “Parties” refers to FRATELLI COLUCCI & C.
S.A.S. and the Customer.
Art. 2 PRODUCT SALE
2.1. Products are sold according to the terms and conditions
provided for the Contract published on the Site at the moment of the Order;
2.2. The Contract is concluded and binding for both Parties
when the order confirmation is forwarded, by FRATELLI COLUCCI & C. S.A.S.,
to the e-mail address indicated by the Customer during the registration to the
Site.
2.3. On the Site there are on-sale Products specially
Customised according to the Customer’s request (Customised Products), their
creation is subject to the Customer’s previous request, which has to be carried
out following the instructions supplied by the Site itself. The withdrawal
right from the purchase Contract for the above-mentioned Customised Products
will not be allowed.
2.4. The Prices and the articles on the Site are subject to
change without notice.
Art. 3 DELIVERY TIME AND TERMS
3.1. Should the client be a person acting for purposes not
directly related to the professional activity carried out FRATELLI COLUCCI
& C. S.A.S. takes care of delivering the Products at the address indicated
by the Customer in the Order, making use of an express courier;
The Product delivery will take place within 15 working days for foreign
Countries, after the Order receipt date from FRATELLI COLUCCI & C. S.A.S..
The delivery dates indicated on the Site are merely approximate and not binding
for FRATELLI COLUCCI & C. S.A.S.
3.2. Should the client be a person or a legal entity acting
for purposes directly related to the professional activity carried out, any
transport, rent and insurance costs will be charged to the purchaser from the
moment the goods leave the seller’s warehouse (clause ex works).
3.3. In the event one or more articles should be out of stock
after the Order, FRATELLI COLUCCI & C. S.A.S. will proceed to deliver the
other articles ordered by the Customer; in this case the partial delivery of
the ordered Products will be still valid and the Customer will not be entitled
to refuse the delivery or to ask for any compensation or indemnity whatsoever.
3.4. The ownership and the risk relative to the Product
transportation are transferred to the Customer at the delivery time to the
address indicated by the Customer himself in the Order.
Art. 4 CUSTOMER OBBLIGATIONS
4.1. The product purchase from the Site implies that the
Customer provides the necessary data for the Product delivery. During the
registration, operation necessary only for the first purchase, the Customer
undertakes to provide the correct and true data relative to personal data and
personal address and, in general terms, all the other information useful to the
order execution;
4.2. The Customer undertakes to pay the Price of the purchased
Products and to keep copy of the purchase order confirmation, sent by
sartoriamoderna.com to the mail address provided by the Customer during his
registration to the Site.
Art. 5 PRICE AND PAYMENT
5.1. Prices are expressed in Euros (€) and they DO NOT include
the in-force VAT (Value Added Tax) that varies according to the different
article typologies.
5.2. The resulting total price at the end of the purchase
procedure is NOT inclusive of the Customs duties and the possible additional
charges on the sale necessary to the goods import in a foreign Country. Any
supplementary charge relative to the clearance procedures is meant to be
exclusively paid by the receiver.
5.3. The Price payment will have to be as follows:
• Should the client be a person or a legal entity acting for purposes not
directly related to the professional activity mainly carried out, with credit
card or pay pal, at the order execution. • Should the client be a person or a
legal entity acting for purposes directly related to the professional activity
carried out, with bank transfer.
Art. 6 FORCE MAJEURE 6.1.
The parties will be not responsible for the delay on their obligation
fulfilment, in conformity with the Contract, if the delay is caused by
circumstances beyond their reasonable control. The Party that is late for force
majeure will be entitled to have a term respite necessary to fulfil his
obligations;
Art. 7 COPYRIGHT & TRADE MARKS
7.1. Trade marks, logos and other distinguishing marks of any
kind, used in the Site pages, belong to Fratelli Colucci & C. S.a.s.;
7.2. It is prohibited to unauthorised third parties the use of
trade marks, logos and other distinguishing marks, including the reproduction
on other internet sites;
7.3. The contents such as for example information, text,
graphics and images within the site are protected by copyright.
Art. 8 WITHDRAWAL RIGHT
8.1. The withdrawal right, in compliance to the Legislative
Decree dated 22nd May 1999 n.185 art. 5 and the Legislative Decree dated 15th
January 1992 n.50, lies in the Customer’s right to back out the Contract
returning the purchased Products with consequent Price refund;
8.2. The withdrawal right is applied to the natural person who
acts for purposes not referable to his eventual carried out professional
activity; for this reason the purchases carried out by retailers and companies
are excluded from this right.
8.3. The withdrawal right can be exercised by sending - within
the following ten working days - a recorded delivery letter with proof of
delivery to the following address: FRATELLI COLUCCI & C. S.A.S. Via Foggia
n° 58 74012 Crispiano (TA) ITALY. The communication can be sent within the same
time also by e-mail, telegram, telex and fac-simile, provided that – within the
following 48 hours – it is confirmed by a recorded delivery letter with proof
of delivery.
8.4. The essential condition to exercise the withdrawal right
is to return the purchased items in a good preservation state. The returned
items must be accurately packed in order to protect the original covers from
any damaging, writing or labelling.
8.5. The goods must be returned to: FRATELLI COLUCCI & C.
S.A.S. Via Foggia n° 58 74012 Crispiano (TA) ITALY. The spent amount refund or
the article replacement generally takes 30 days from the receipt of the
returned goods, and after their inspection.
8.6. The refund does not include the transport charges, both
for the shipment and for the possible goods replacement.
Art. 9 PRIVACY
9.1. The data, provided by the Customer and necessary to the
regular execution of the Contract, will be processed in compliance to the
provision of the 2003 Legislative Decree n. 196 regarding the “Personal Data
Protection”.
Art. 10 FULL AGREEMENT
10.1. The Contract replaces all the contracts, the agreements
and the understandings previously existed between the Parties. It forms,
together with the Order, the general conditions relative to the use of the Site
and the conditions relative to the registration service, the full agreement
between the Parties as regards the object of the Contract;
10.2. Any change or alteration of the Contract will have to be
accepted in writing by both Parties.
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