CONDITIONS OF SALE
Please carefully read these Conditions of Sale on our Website (hereinafter the “Conditions of Sale”) before ordering any products on said Website (hereinafter the “Product” or “Products”). Said Conditions, together with our Privacy Notice and our Conditions of Use, regulate our mutual relationship in relation with the use of the Website and the purchase on your part of one or more of our Products through said Website.
The following information is supplied according to Article 49 of the Consumer Code (Legislative Decree 6th September 2005, n. 206 hereinafter also the “Consumer Code”).
You are kindly requested, after reading, to flag as sign of acceptance these Conditions of Sale before sending your order to us (hereinafter the “Order”). In the case of non-acceptance of these Conditions of Sale, you will not be allowed to buy any Product on our Website.
WHO WE ARE
SIMONETTA BIANCHINI S.r.l. is registered in the Bologna companies’ register, R.E.A. number 314719 – VAT number 03774760379.
Our legal office is located in Bologna, Via dell’Archiginnasio, 2/D.
You can contact us by e-mail at the following address: firstname.lastname@example.org.
The Website to which the undersigned Conditions of Sale shall apply is www.simonettabianchini.com.
The Conditions of Sale shall be applied by SIMONETTA BIANCHINI S.r.l. to all the orders for the purchase of products on our Website www.simonettabianchini.com, to telephone and/or email orders referable to the same.
These conditions shall not be applied to direct sales at our headquarters or at any point of sale and authorised dealers.
PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
In order to place orders on our website you must comply with the following:
– Being of age;
– Having the necessary requirements for entering into binding contracts;
– Having a valid e-mail address;
– Having a valid credit card for the payment;
The orders are placed through the Website according to the following procedure:
– In order to buy the Product(s) it is necessary to create an account with us using your e-mail address; you will be requested to create a password, which will be kept secret and never disclosed to anybody. Our servers are safe and are pre-set for the storage of the password or its recovery, in case of loss, so that you can make further purchases. You will also be required to indicate your habitual or permanent residence.
– In order to finalise the purchase, after selecting the product, click on “Buy” to add your product to the shopping basket; once you have selected all the products you wish to buy, click on “Conclude the order” and after indicating the necessary invoicing data and delivery address, click on “Proceed to PayPal” to proceed with the payment.
– In the case where delivery expenses apply, the same shall be added to the total and it will be possible to check the amount before proceeding with the payment via PayPal.
– It is your responsibility to make sure that your order has been completed correctly before sending it. Should you have any problem with your order, please contact us by e-mail: email@example.com.
– Once the procedure for ordering the product(s) has been completed, you will receive an e-mail confirming the correct reception of the order at the e-mail address you indicated. Please be advised that the e-mail confirming the reception of your order does not imply that your order has been accepted by us, as your order is only a mere purchase proposal of the product(s) at the price indicated in the order itself.
– All the orders are subject to our previous acceptance in order to be finalized: we are not obliged to accept your order and, once our controls are completed, we reserve the right to reject it at our discretion.
However, we inform you that once you have concluded the payment procedure on PayPal, you shall be obliged to pay the price of the product(s) if your order is accepted by us.
– The acceptance of your Order shall be confirmed by a second e-mail (the “Dispatch Email”), confirming the dispatch of your Product(s) at the address indicated by you, indicating also the expected delivery date; the message shall be sent automatically at the e-mail address indicated by you during the order procedure.
– The contract between the parties (hereinafter the “Contract”) will be finalised with the sending of our Dispatch Email as final confirmation and acceptance of your order. The finalisation of the Contract shall give to Simonetta Bianchini S.r.l. the obligation to deliver the Product(s) in compliance with Contract dispositions.
– You are kindly advised to carefully check the Confirmation E-mail and the Dispatch Email and to promptly inform us of any errors you might find by sending us an e-mail to firstname.lastname@example.org.
Should we have any problem with your order, we shall contact you via our Customers Office.
– The contract refers exclusively to the product(s) whose dispatch has been confirmed by the Dispatch Email. We are not obliged to send any other product that might be included in the Order until the dispatch of such products is confirmed by a separate Dispatch Email.
– These Conditions of Sale might be modified, therefore we advise you to read them carefully in order to be informed of any update. In any case, any update shall be applied only to the orders placed by you after the date of the update.
PRODUCT INFORMATION NOTICE
Some of the items displayed on our website might appear slightly bigger or smaller compared to their actual size due to screen defects of photographic techniques. The colours, patterns and textures depend on the device used and might not be faithful to the real properties of the products, which shall be dispatched to you.
PAYMENTS AND PRICES
The prices and delivery expenses might be subject to variations at any time, except for the Orders already confirmed with the Dispatch Email.
The prices are regularly checked, however, should we find a variation or error in the price at the time of reception of your Order, we shall contact you in order to verify that you wish to proceed with the purchase applying the correct price. In the case of confirmation on your part, please remember that this does not entail any obligation on our part to supply the Product(s) until we send the Dispatch Email as confirmation of the Order.
The Products prices indicated on our Website include the VAT on the purchase, but do not include any other taxes specific to the country where the product(s) will be dispatched and the delivery costs; the latter shall be applied automatically to the total amount when your Order will be visualised before the payment.
The payment of the Product(s) must be made through PayPal, guaranteeing the maximum security of your purchase.
Should we not be able to accept your Order, for any reason whatsoever, our impossibility will be communicated to you by e-mail within 7 days from your Order and the price already paid shall be refunded.
The Product(s) shall not be dispatched until we receive full payment.
We are not responsible for any delay or non-delivery of the Product(s) ordered by you in the case that your credit card provider or our service provider rejects or does not authorise or does not validate for any reason whatsoever the payment.
We also reserve the right to accept Bank Wire Transfers at our discretion: however, in such case, the order shall be fulfilled only from the following day after the amount has been credited to our bank account and by sending the Dispatch Email as confirmation of the Order; in the case that the due amount is not credited to our bank account within 7 days from the date of your order, said order will be automatically cancelled.
In the case of impossibility on our part to accept your Order, due to product unavailability, or for any other reason whatsoever, such impossibility will be communicated to you by e-mail within 7 days from your Order and the amount received via bank transfer shall be refunded to you within 7 days from sending the Order rejection e-mail.
Please be advised that, according to these Conditions of Sale, the advance payment, shall not have any impact whatsoever on mutual rights and obligations.
The orders are invoiced in Euros; if your credit or debit card is issued in a different currency, other than the Euro, you will be able to check the charged amount by using the currency converter. We advise you to contact your Bank for any information on currency exchange rates and on the commissions on your transaction.
The information and any personal data which you shall supply, will be processed by Simonetta Bianchini S.r.l. and shall be handled according to the provisions indicated in the “Privacy Notice” to which you should refer.
SHIPMENTS / DELIVERIES
The Product(s) will be shipped at the address indicated by you in the Order within the deadline indicated in the Dispatch Email, however it is not possible to guarantee an exact delivery date.
In the case of delay in the delivery of your order due to causes not ascribable to us, we shall promptly inform you and we shall take any action in order to avoid or reduce as much as possible the inconvenience due to the delay.
If the Product(s) is/are not delivered within 30 days from the finalisation of the Contract, or within any other subsequent day agreed by the parties, you shall have the right to withdraw from the Contract and any amount paid by you shall be refunded to you without any further delay within 7 days from your withdrawal notification.
The property and risks related to the Product(s) are transferred to you upon delivery.
Any delivery expense will be updated according to the destination of the product(S) and shall be indicated in your Order summary before proceeding with the payment via PayPal.
We shall check that the delivery costs are correct when you finalise the payment procedure; it is however possible that some of the delivery costs are not correct. In the case of any error in this regard, we shall contact you as soon as possible in order to inform you about the change in the costs and to have your confirmation despite the above mentioned variation. Should we not be able to contact you, the order will be cancelled by us via e-mail.
Sale taxes (excluding the VAT applied in Italy) or any other duty (for example any custom duties or taxes for extra EU countries) can vary according to the delivery destination. The above mentioned amounts must be paid to the Courier at the time of delivery.
We inform you that we accept orders to be delivered worldwide except for countries with a strong military presence, areas hit by conflicts or at a high risk for conflicts, reserved areas, P.O. boxes and picking points.
The deliveries towards EU countries are free of charge, while for the other countries we shall apply a different rate according to the delivery destination, which will of course be indicated in the Order summary before proceeding with the payment.
The goods are insured against theft and damages door to door.
Our couriers are DHL and FERRARI GROUP.
A personal digital or written signature will be requested at the time of delivery of the product by you or by an authorised person.
In the case that the recipient is a person other than the buyer, the signature of the above-mentioned recipient, or of a person authorised by the same, shall represent proof of accomplished delivery and of the fulfilment of our obligations with regards to the sale contract.
For specific categories of products (for example if particularly precious or valuable), we reserve the right, at our discretion, to demand to deliver the product(s) only and exclusively to the order holder indicated in the address written on the package and subject to the verification of the identity of the recipient through exhibition of an ID.
DAMAGED OR DEFECTIVE PRODUCT(S)
At the time of delivery, in the presence of the courier, you are requested to verify the external conditions of the package and, if necessary, communicate to the same any anomaly (damaged, perforated, broken, wet packaging), or partial delivery (non-correspondence in the number of items) writing on the transport document the suitable reserve (the non-compliance will entail the forfeiture of the courier’s responsibility).
If you accept the goods without specific reserve, you will not be able to claim any product shortage or damage due to the transport.
At the time of delivery you are also required to inspect the Product(s) in order to check for any further damage or defect not due to the transport.
If you notice any defect or damage of the product in itself or due to the transport, you are requested to notify it within 48 hours at the email address email@example.com. If it is established that the defect or damage of the Product(s) is not your fault or due to use, and that in the case of defect due to the transport you have specified your reserve on the courier’s transport documents, we shall repair or replace the product or fully refund the price you paid, including any delivery expenses.
RETURNS AND REPLACEMENTS
The items purchased online can be returned or replaced with other products or refunded, provided that you communicate your intention to return the product(s) or replace it/them with another product(s) by e-mail at firstname.lastname@example.org within 14 days from the delivery date.
Once we receive the e-mail stating your intention to return or replace the received product(s), we will send you via e-mail the return form, which you will have to fill and put inside the package before handing it to the courier.
The product will have to be returned intact in its original packaging complete with the warrantees and seals and everything else we sent you. Incomplete, worn and damaged items or products bearing signs of use shall not be accepted and shall be sent back to the buyer at the expenses of the same.
The refund shall be completed within 7 days from the date of reception at our headquarters of the goods with the same method of payment used for the purchase.
Please keep the receipt for the delivery of the returned items; we do not take any responsibility if this evidence cannot be shown.
The transport costs for the return or replacement will be borne by us for deliveries within the EU only if the buyer carefully complies with the instructions provided by us in case of returns; for the rest of the world, transport costs are charged to the buyer.
If a product is returned and replaced with a product of the same value, the person returning the item shall have the right to receive a product chosen by the same with the same value only after returning the product he/she wishes to replace; or if the product is returned to be replaced with a product of a higher value, before receiving the new product, in addition to returning the original product it will be necessary to pay the difference in price.
The orders of products customised on specific order of the buyer cannot be cancelled and such products can be neither returned nor replaced.
The recipients of gifts have the right to the replacement or return of the product only if this is requested by the person who placed the order.
COPYRIGHT & TRADEMARK OWNERSHIP
www.simonettabianchini.com and its whole contents (images, characters, design, music, software, codes and format scripts) are the property of Simonetta Bianchini s.r.l. The material contained in the website is protected by copyright and any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is strictly forbidden, if not expressly agreed in writing by Simonetta Bianchini s.r.l.
Simonetta Bianchini s.r.l. prohibits in any case the use of the content and trademarks present in the website also for any other purpose or intent other than the ones indicated above.
APPLICABLE LAW AND COMPETENT JURISDICTION
The parties agree that the applicable law for any commercial transaction on the website www.simonettabianchi.com is the law of Italy and everything which is not regulated by these Conditions of Sale shall be regulated by the same.
The competent jurisdiction for any controversy or petition concerning the existence, validity, conclusion and/or interpretation of these Conditions Of Sale is the Court of Bologna (Italy).