- GENERAL INFORMATION
The end user who accepts these terms and conditions (hereinafter also “Purchaser”) expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised. Once the online purchase procedure has been completed, the purchaser will be required to print or save an electronic copy of these terms and conditions of sale, in compliance with the provisions of art. 3 and 4 of Legislative Decree. 185/1999 on distance sales. Each purchase transaction will be governed by this contract (hereinafter also the “Contract”), in accordance with the provisions of Legislative Decree 185/99, Legislative Decree 206/05 and Legislative Decree 21/2014 The information directed at the conclusion of the contract will be submitted to the art. 12 of Legislative Decree 70/03 and, with regard to the protection of confidentiality, any information concerning the contract and the parties will be subject to the legislation referred to in Legislative Decree 196/03.
- SUPPLIER IDENTIFICATION
The assets covered by these general conditions are on sale on the www.sheilacunha.it portal, by Sheila Cunha Ornaments, with registered office in Via Roma 78, 20083 Gaggiano (MI), VAT number 09961050961, e-mail [email protected]
The term “online sales contract” means the contract between the Supplier and the Purchaser, whose object is the sale of movable tangible assets in the availability of the Supplier in the context of a remote sales system through telematic tools, organized by the Supplier itself. The term “Buyer” means the consumer, a natural person who makes the purchase, as per the Contract, for purposes not related to any commercial or professional activity carried out. The term “Supplier” refers to the subject indicated in the epigraph or the subject providing information services (for example regarding the processing of personal data).
- OBJECT OF THE CONTRACT
With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible movable goods indicated and offered for sale on the website www.sheilacunha.it. The goods and services for sale are those described on the www.sheilacunha.it portal. The data indicated therein may be subject to periodic changes and / or updates, also for the purpose of further improving the service.
- METHOD OF STIPULATING THE CONTRACT
The contract between the Supplier and the Purchaser is concluded exclusively through the internet through the Buyer’s access to the web address www.sheilacunha.it, following which the Purchaser, following the procedures indicated, will formalize the proposal for the purchase of the assets referred to in clause 4.1. The buyer will purchase the products in the electronic catalog on the www.sheilacunha.it website as described in the relevant information sheets. It is generally understood that Sheila Cunha Ornaments, in any case, is not able to guarantee the exact correspondence to reality in relation to images and colors as they appear on the monitor.
- CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
Before the Buyer consents to the purchase, a web screen will be opened with a summary sheet containing the price of the purchased item, shipping costs and any additional accessory charges, terms and conditions, payment and the address where the goods will be delivered. When the Supplier receives the order from the Purchaser, he sends a confirmation e-mail to the address indicated by the Purchaser, with all the data contained in the summary sheet referred to in clause 6.1. In case of non-acceptance of the order a previous communication will be sent to the buyer.
- TIMES AND METHOD OF DELIVERY
The Supplier will deliver the selected and ordered goods through the use of the ALTA SERVICE S.r.l. courier. Delivery times and costs vary depending on the destination and the weight / size of the goods.
- SHIPMENTS IN ITALY
The cost of shipping to Italy is automatically calculated by the system and can be viewed during the purchase process. The shipping cost is added to the order total and is charged at the time of payment on the total order. The courier is not liable to request payments except in case of cash on delivery. Delivery will made within 1-2 working days from the date the transporter has taken the order. For delivery in Basilicata, Calabria, Campania, Puglia and islands, 1 or 2 additional days are required. Sheila Cunha Ornaments is not responsible for any delays and / or loss due to the courier. In case of absence on the first delivery attempt, the transporter makes a second attempt.
- SHIPPING IN EUROPE
The cost of shipping to countries belonging to the European Union is automatically calculated by the system and can be viewed during the purchase process by selecting the country of destination. The shipping cost is added to the order total and is charged at the time of payment on the total order. The courier is not authorized to request payments. Deliveries take place within 3/4 working days of taking delivery of the courier. Sheila Cunha Ornaments is not responsible for any delays and / or loss due to the courier.
- SHIPMENTS IN EXTRA COUNTRIES EU
The cost of shipping for countries NOT belonging to the European Union is automatically calculated by the system and can be viewed during the purchase process by selecting the country of destination. The shipping cost is added to the order total and is charged at the time of payment on the total order. The courier is not authorized to request payments. ATTENTION: any additional costs due to the different legislations of the destination countries are totally charged to the customer. Sheila Cunha Ornaments is not able to know the costs in advance. We therefore recommend contacting the relevant customs office for further information. Sheila Cunha Ornaments is not responsible for any delays and / or loss due to the courier. At the time of delivery of the goods by the courier, the buyer is required to check: that the number of packages delivered corresponds to what is indicated in the mail containing the transport document sent by www.sheilacunha.it that the packaging is intact, undamaged, wet or otherwise altered, also in the packaging closing materials (eg adhesive tape). Any damage to the packaging and / or to the product or the mismatch of the packages must be immediately contested, affixing, “reservation of written control”, specifying the reason of the reserve (eg crushed packaging), on the proof of delivery of the courier. After having signed the courier’s document, the buyer cannot make any objection about the external conditions of the delivered goods. Any problems related to the physical integrity, correspondence or completeness of the received products must be communicated within 7 days from the date of delivery by e-mail to [email protected]
All sales prices of the goods displayed and indicated on the www.sheilacunha.it portal are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c. The sales prices referred to in the previous clause exempt VAT but includes all other tax, except for any customs duties. Shipping costs, if any, are indicated and calculated in the purchase procedure, before the order is placed by the buyer in the confirmation e-mail. The Supplier will not be responsible for any taxes, duties and / or other customs duties or related to the individual regulatory systems of the States, which will only and exclusively respond to the Purchaser (as already specified in point 8). Prices may be subject to change depending on possible promotions.
- AVAILABILITY OF GOODS
Although it can be expressed the availability on the site, Sheila Cunha Ornaments does not guarantee in all cases the immediate shipment or availability of products and reserves the right to contact the Purchaser to communicate any cancellation of the order in case of problems. In case of cancellation of the order, the refund will be issued within 48 working hours in the same way in which it was received.
- LIMITATIONS OF LIABILITY
The Supplier assumes no responsibility, in the event he fails to execute the order within the time specified in the contract due to unforeseeable circumstances or force majeure. The Supplier cannot be held liable to the Purchaser – except in cases of willful misconduct or gross negligence – in the event that he (the Supplier) is not able to fulfill the Contract due to inefficiencies or malfunctions connected to the use of the Internet outside the control . The Supplier assumes no responsibility for any fraudulent and illegal use by third parties, credit cards, checks and other ways of payment, upon payment of the purchased goods, if it proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence. The Supplier assumes no responsibility for any damage attributable to the courier.
- OBLIGATIONS OF THE BUYER
The Purchaser undertakes to pay the price of the good purchased in the times and methods indicated in the Contract. The Purchaser undertakes, once the online purchase procedure has been completed, to provide for the printing and retention of the Contract. The information contained in the Contract has, however, already been viewed and accepted by the Buyer before confirming the purchase.
- CHANGES AND RETURNS
Sheila Cunha Ornaments protects its users and allows the exchange or return of any product within 14 days from the delivery date. All orders completed and received between November 2nd and December 22nd may be returned until January 8th. For orders delivered after December 22nd, regular return times apply. HOW TO MAKE THE RETURN / CHANGE: Send an email to [email protected] with the request for return / exchange indicating: Choice between a change or a return; In case of return, indicate the bank details on which to issue a refund for payments made by bank transfer. In case of exchange, indicate the new item / size of interest Book the collection of the courier following the instructions received via email. Make sure the products are in the same condition in which they were received. The items must not have been worn but only tested. Pack the goods again inserting the completed form received by email. In case you want to send the package through other channels (at the customer’s expense), send it to: Sheila Cunha Ornaments Via Roma 78, 20083 Gaggiano (MI) WHAT HAPPENS AFTER: The exchange / return will be accepted within 5 working days of delivery of the package to the warehouse. In case of return, the refund is issued via Paypal or bank transfer based on the method used for payment. The reimbursement will be equal to the amount of the purchased item (s), with the exception of any shipping costs paid. In the event of a change, the new order will be prepared and sent to the courier for shipping. For price differences, a refund will be issued or a new payment requested. 13.COMMUNICATIONS AND COMPLAINTS Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Sheila Cunha Ornaments, Via Roma 78, 20083 Gaggiano (MI) or sent by e-mail to the following address: [email protected] The Purchaser indicates in the application form his own residence or domicile, telephone number and/or e-mail address to which he/she wishes to receive communications from the Supplier.
- APPLICABLE LAW AND REFERENCE
This contract is governed by Italian law and any dispute will be resolved at the Milan forum. Although not expressly provided for here are the legal provisions applicable to the relationships and the cases provided for in this contract, and in particular the art. 5 of the Rome Convention of 1980. Pursuant to art. 60 of the Consumer Code, the provisions contained in Part III, Title III, Chapter I – Consumption Code are expressly referred to herein.
- FINAL CLAUSE
This Agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract. RIGHT OF WITHDRAWAL
- RIGHT OF WITHDRAWAL
Pursuant to art. 5 D.L. 185/1999, the Purchaser has the right to withdraw from the stipulated contract, without any penalty, within the deadline of 15 working days, starting from the day on which he/she enters into possession of the purchased good. The right of withdrawal applies to the integral goods including its original box, complete in all its parts. The shipping costs related to the return of the asset are charged to Sheila Cunha Ornaments for all orders placed in Italy. For orders placed abroad, the shipping costs of returns / exchanges are charged to the customer. Sheila Cunha Ornaments is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. Without prejudice to any expenses for the restoration of damage established to the original packaging, Sheila Cunha Ornaments will refund the buyer the full amount already paid (excluding the original shipping costs), within 30 days from acceptance of the returned goods. It will be the customer’s responsibility to provide the IBAN on which to obtain a refund in case of payment by bank transfer, cash or credit card. The right of withdrawal is lost for lack of the essential condition of integrity of the property, in cases where it is established the use of the product, the lack of the original internal packaging or damage to the product for reasons other than transport.
- EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal must inform Sheila Cunha Ornaments and initiate a return (see Article 12 of the General Conditions), by sending an email to: [email protected] For this purpose the user can:
- a) Use the standard withdrawal form, made available by the Site (“Withdrawal Form” attached); or
- b) Submit any other explicit declaration of your decision to withdraw from the Contract (“Declaration of Withdrawal”)
The communication concerning the exercise of the right of withdrawal must be sent by the User before the withdrawal period has expired. For the purposes of the burden of proof relating to the exercise of the right of withdrawal within the terms indicated, it is in the interest of the purchaser to make use of a durable medium when communicating his / her withdrawal to Sheila Cunha Ornaments.
- CONDITIONS OF THE RIGHT OF WITHDRAWAL
Sheila Cunha Ornaments will take care of the collection of products that the buyer must have made available for collection, complete with original packaging, as well as every accessory and gift received with the product. The buyer must take care of all the products, as long as they are in his/her possession. Once the integrity of the returned product has been verified, Sheila Cunha Ornaments will reimburse the entire amount paid for the returned products, according to the terms and conditions described in the specific section of the General Conditions (Article 12). As foreseen by the art. 59 of the Consumer Code, the right of withdrawal does not apply to goods made to measure or clearly personalized. In this case, the products made exclusively for the user with the required customization that have been ordered and delivered are not subject to the right of withdrawal and cannot be withdrawn and reimbursed.
o METHODS OF PAYMENT AND REFUND
Each payment by the Purchaser can be made only by one of the methods indicated on the appropriate web page by the Supplier. In the event that goods are purchased by bank transfer, the amount ordered by the buyer will be kept busy until receipt of proof of bank transfer. Shipping of the ordered goods will take place only upon the actual crediting of the amount due to the current account of Sheila Cunha Ornaments, which must take place no later than 7 working days from the date of acceptance of the order. Otherwise Sheila Cunha Ornaments will have the right to no longer keep the goods on hold. Beyond this deadline the order will automatically be canceled. In the event of a purchase through Paypal, the amount authorized by the buyer at the time of the transaction will be charged upon acceptance and evasion of the same. In case of cancellation of the order, both by the purchaser or by Sheila Cunha Ornaments, the amount related to the ordered goods will be credited back to the Paypal account. The repayment terms of the amounts due depend exclusively on Paypal and / or the banking system. Under no circumstances can Sheila Cunha Ornaments be held responsible, after the amount has been credited, for any direct or indirect damages caused by delays in the actual crediting of the amounts by Paypal or by the banking systems. In the event of a purchase by credit card, at no time during the purchase procedure Sheila Cunha Ornaments will be in possession of the information relating to the buyer’s card. The transmission of payment information takes place via the highest security standard. In no case Sheila Cunha Ornaments can be held responsible for any fraudulent and undue use of credit cards by third parties, upon payment of products purchased on www.sheilacunha.it In the event of a cash on delivery purchase (valid only for shipments to Italy), at the time of withdrawal the Buyer will need to have available the total amount of the order in cash. The courier delegated by the company Sheila Cunha Ornaments is not authorized to withdraw checks and cannot give change. In case of reimbursement following a cash on delivery, it will be necessary to hold a bank account on which the credit can be re-credited.