General Conditions of Sale for purchases through aquadilucca.it
Preamble Offer and sale of products through aquadilucca.it are governed by the following general conditions of sale. Products purchased through the web site are sold by:
Cerri Rossella, via Fillugo,164 55100- Lucca
VAT. NO 01542120462
Tel./Fax 0583/491180
E-mail: info@aquadilucca.it
The offer and the sale on the website aquadilucca.it entails a distance contract governed by articles 50 and following of Legislative Decree 6 September 2005, n. 206 (Consumer Code), as well as the Legislative Decree 9 April 2003 n. 70 (Electronic Commerce Law). Purchase of the Products is intended for final consumers.
These Conditions of Sale govern the relationship between the customer and aquadilucca.it as to the purchase of products on the website.
The Customer is obliged to carefully read the Conditions of Sale that aquadilucca.it makes available to him/her in order to allow him / her to reproduce and memorize the mentioned conditions in tribute to the provisions of art. 12 par. 3° of legislative Decree. n. 70/2003, and the informative report on privacy https://www.iubenda.com/privacy-policy/75767685
Personal Data Protection
The personal data provided will be processed in accordance with the provisions of the European Regulation (EU) 2016/679 (GDPR).
Full copy of the information on data processing (privacy policy) and the use of cookie technology (cookie policy) is available in the footer of the site or by clicking on the following links: https://www.iubenda.com/privacy-policy/75767685 – https://www.iubenda.com/privacy-policy/75767685/cookie-policy;
Methods of purchasing
For the purchase of the Products the Customer shall sign up by entering his/her personal details, following the instructions provided by the registration program, and shall fill in and send to aquadilucca.it the purchase order in electronic format available on the website. Purchase orders must be accurately and fully completed.
The Customer shall insert the selected Product/s in the appropriate “Cart” and, after having viewed and accepted the contribution for the delivery costs (if any), he/she shall go on with the purchase by clicking on the “complete order” button.
Once this step is completed, the Customer will be requested to enter billing data, destination and payment method. The total amount of the order is shown on the screen.
Once all the fields have been filled in and the desired payment method, namely credit card, Paypal or bank transfer, has been selected, click the “place order” button.
If you have chosen to pay by credit card, the payment will be processed by Stripe’s protected platform, while if you have chosen the Paypal option you will be directed to the Paypal.com website, where you will be requested to enter the data to complete the transaction.
If the Customer needs to modify the purchase order, or to change some data contained therein, he/she may contact the number 0583/491180 or send an email to info@aquadilucca.it. In particular, the Customer will have the right to modify the quantity of the products he/she intends to purchase, adding or eliminating one or more products from the cart.
Products availability
aquadilucca.it guarantees the prompt processing and fulfillment of orders through its telematic system. To this purpose, it indicates in real time, in its electronic catalog, the number of available products and those not available, as well as shipping times.
If an order exceeds the quantity stocked in the warehouse, aquadilucca.it will notify the customer through e-mail, if the goods are no longer available or what are the waiting times to get the good chosen, asking if he/she wants to confirm the order or not.
The information system ofaquadilucca.itconfirms as soon as possible the registration of the order by sending the customer a confirmation by e-mail
Contract conclusion
By confirming the purchase order the Customer is deemed to have fully understood and accepted the conditions of sale and the additional information contained on the site, as well as to have read the privacy information report and the information on the use of cookie technology, that is available by clicking the appropriate link.
The Order Confirmation sent from aquadilucca.it to the Customer at the indicated e-mail address will constitute acceptance of the contract proposal.
The Customer can check at any time the status of his/her order through his/her reserved area “my account”.
Payment
The prices of the products are indicated in Euro and include taxes applied on Italian territory only.
All sales prices of the products displayed and indicated on the Internet site aquadilucca.it are indicated in euro and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
The prices of the products do not include delivery costs (unless expressly specified by the item “free shipping”), the amount of which will be indicated to the customer in the summary of the purchase order and in the specific “shipping” section contained in the cart and in the order summary page.
The Customer may opt for one of the following three payment methods: credit card, Paypal or Stripe and bank transfer.
Payment by Advance bank transfer (only ITALY): bank transfer in favor of Cerri Rossella IBAN: IT10 E 050 3413798000000107482 .
The advance bank transfer must be done within 5 days from the order date. Once this deadline has expired, the order will be automatically deleted by the system.
Payment by credit cards: the customer must provide the required data that will be managed directly through Stripe. The information will be encrypted using cryptographic systems that prevent third parties from using it.
Payment by Paypal: the Customer shall provide the requested data that will be managed directly by Paypal with no need to re-enter the data of his/her credit card or prepaid card. PayPal is a leading online payment company.
Shipments to Italy
Products will be delivered through BRT express delivery and its partners.
aquadilucca.it will deliver the goods to the courier within 2-4 business days after receipt of the purchase order. In the case of payment by bank transfer, aquadilucca.it will deliver the goods to the courier within 2-4 working days after receipt of payment which, as indicated in the preceding paragraph, must be made within 5 days from the date of the order.
After shipment, the courier system will send the customer an e-mail notification containing the relevant tracking number to monitor the delivery.
Unless anything unexpected happens, delivery times on the national territory will be four (4) working days from delivery of the goods to the courier. If the destination is a place difficult to reach, such as mountain towns, smaller islands, extreme suburbs, delivery times will be ten (10) working days.
Upon receipt of the product, the Customer shall verify that the package is perfectly closed. Customers are asked to NOT collect the box if the package is not intact or the adhesive tape is tampered with. If the package is not intact or damaged or the adhesive tape is tampered with, the Customer must immediately report the claim to the courier; otherwise the Product will be considered to be regularly delivered, and it will not be possible to request the sending to aquadilucca.it for any missing items.
In case of absence of the Customer, the courier will leave a card (notice of passage) with the instructions for the delivery within the following 72 hours. After this deadline the parcel will be automatically re-sent to the warehouses of aquadilucca.it
It is not possible to indicate a specific day and / or time for delivery.
WARNING. The shipment could be delayed, up to a maximum of 10 days, during the Christmas and summer holidays.
Shipments abroad
The Customer may buy and receive products also outside Italy. The cost of shipping will vary depending on the destination country and payment will be possible through: bank transfer, credit card or prepaid card, Paypal.
The cost for shipments to Italy amounts to € 8,00.
The cost for shipments to EU Countries amounts to € 20,00.
The cost for shipments to NOT EU Countries amounts to € 55,00.
Our site does not provide for additional charges: import taxes, customs fees and other taxes are to be paid by the Customer.
WARNING. The shipment could be delayed, up to a maximum of 10 days, during the Christmas and summer holidays (from 24 December to 02 January and August holiday period).
Coupons – Promotions – Complimentary gifts
aquadilucca.it will be entitled to insert inside the parcels, or show through promotional banners on the site or send by e-mail, discount vouchers that can be used by the date indicated on the voucher.
The discount voucher shall be entered in the shopping cart page in the “voucher code” box and activated using the “apply coupon” button. The system will update the total amount of the order net of the value of the voucher.
The discount voucher can not be combined with other commercial initiatives.
Right of withdrawal
In any case, the Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within a period of 14 days, starting from the day of receipt of the purchased item.
In the event that the Customer decides to avail himself of the right of withdrawal, within the above said period, he/she shall notify aquadilucca.it, by sending an email to info@aquadilucca.it.
The Customer may exercise his/her right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, Part B, legislative decree 21/2014 (not mandatory) made available on the site, at the following address https://www.aquadilucca.it/en/rma-request/, whose text is however shown below:
Standard withdrawal form pursuant to art. 49 par. 1 lett. h)
(complete and return this form only if you intend to withdraw from the contract)
Cerri Rossella (Cerri Camiceria), Via Fillungo n.164 – 55100 Lucca – telephone: 0583/491180 – fax: 0583/491180 e-mail: info@aquadilucca.it.
I/We (*) hereby notify the withdrawal from my/our (*) sale contract for the following goods
– Order number
– Consumer’s name
– Consumer’s address
– Consumer’s signature (only if this form is sent in paper format)
– Date
(*) Delete the inappropriate wording.
This communication must be confirmed by sending a registered letter with acknowledgement of receipt to Cerri Camiceria Via Fillungo n.164, 55100 Lucca, within 48 (forty-eight) hours. The seal affixed by the post office on the issued receipt will constitute evidence thereof.
For the purpose of exercising the right of withdrawal, the dispatch of the communication may validly be replaced by the return of the purchased good within 14 days from receipt of the purchased goods.
The Customer returns the goods or delivers them to aquadilucca.it or to a third party authorized by aquadilucca.it to receive the goods, without undue delay and in any case within fourteen days from the date in which he communicated to the professional his decision to withdraw from the contract, as provided for by art. 54 of the Consumer Code. The deadline is met if the customer sends back the goods before the expiry of the period of fourteen days. The Customer will only pay the direct cost of returning the goods, unless aquadilucca.it has agreed to pay it or has failed to inform the consumer that this cost is to be borne by the consumer.
aquadilucca.it will reimburse all payments received by the Customer (except for delivery charges), without undue delay and in any case within fourteen days from the day on which it is informed of the Customer’s decision to withdraw from the contract
Therefore the amount reimbursed will correspond to the value of the purchased item of clothing, net of shipping costs.
As to the return of the product that makes the subject of withdrawal, aquadilucca.it grants its customers the possibility to use a carrier that has an agreement with aquadilucca.it. In the event that the customer decides to use this service, the shipping costs (except those related to the telephone booking) will be borne by aquadilucca.it (Article 56 par.1 Legislative Decree 206/2005). If the customer intends to use another carrier or another means of delivery, all costs will be born by customer (art 56 par. Legislative Decree 206/2005).
The refund will be made using the same payment method chosen for the order:
– In case of payment by credit card, the relevant amount paid for the item will be written off;
– In case of payment by PayPal, the relevant amount paid for the item will be written off; The crediting takes usually a few minutes.
– In case of payment by bank transfer, the Customer shall communicate by e-mail to info@aquadilucca.it the IBAN code in order to make it possible to transfer the re-credit of the amount related to the returned goods. The timing of the crediting will depend on the practice and rules of the chosen banking institution.
As to the return procedure, any duties due in Italy will be paid by the customer. These amounts will be deducted from the final refund.
In accordance with the provisions of Article 56 paragraph 3 of the Consumer Code, aquadilucca.it may retain the reimbursement until it has received the goods.
The right of withdrawal is exercised correctly if the following conditions are met:
1. the products must not have been opened or used;
2. if products have been tested / or worn, they must be returned in their original packaging and with all their accessories;
3. the products must not be damaged;
Upon receipt of the communication through which the Customer communicates the exercise of the right of withdrawal, the Parties to this contract are released from any reciprocal obligations, except as provided above.
Liability for defect, evidence of damage and compensable damages:
obligations of aquadilucca.it
Pursuant to articles 114 and following of the Consumer Code,aquadilucca.itis responsible for the damage caused by defects in the goods sold if it fails to notify the Damaged Person, within 3 months from the request, the identity and domicile of the manufacturer or person who provided him with the good.
The aforementioned request shall be made by the Damaged in writing and shall specify the product that caused the damage, the place and date of the purchase; it shall also contain the proposal to show the damaged product, if it still exists.
aquadilucca.it shall not be responsible for the consequences arising from a defective product if the defect is due to the product compliance, to an imperative legal rule or to a binding provision, or if the state of scientific knowledge and techniques, at the time when the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
No compensation shall be due if the Damaged Person was aware of the defect of the product and the danger deriving from it and nevertheless has voluntarily accepted it.
In any case, the Damaged Person shall prove the defect, the damage, and the causal connection between defect and damage.
The Damaged Person may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the Damaged Person.
The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only if it exceeds the amount of three hundred and eighty-seven euro 387,00).
Guarantees and methods of assistance.
aquadilucca.it is liable for any lack of compliance that appears within 2 years from the delivery of the goods.
For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use to which goods of the same type are normally used; b) they comply with the description given by aquadilucca.it and has the qualities of the good that the latter presented to the customer as a sample or pattern; c) they have the same usual quality and performance as a good of the same type, which the Customer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by www .aquadilucca.it, by the manufacturer or his agent or representative, in particular in advertising or labeling; d) they are also suitable for the particular use desired by the Customer and that has been brought to the attention ofaquadilucca.itat the time of contract signature and that aquadilucca.it has accepted even by conduct.
The Customer loses all rights if he does not notify aquadilucca.it the lack of compliance within 2 months from the date on which the defect was discovered. The notification is not necessary if aquadilucca.it has acknowledged the existence of the defect or has hidden it.
In any case, unless proved otherwise, it is assumed that the conformity defects that occur within 6 months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the lack of conformity.
In the event of lack of conformity, the Customer may request, alternatively and without any cost, under the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request cannot objectively be satisfied or is excessively burdensome for aquadilucca.it pursuant to art. 130, paragraph 4, of the Consumer Code.
The request shall be sent in writing, by mail to aquadilucca.it which will indicate within 7 working days from receipt its willingness to process the request, or the reasons that prevent it from doing so.
In the same communication, if aquadilucca.it has accepted the Customer’s request, it must be indicated the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively expensive, or aquadilucca.it has not repaired or replaced the goods within the period referred to in the previous paragraph or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the customer, the latter may request, at his/her choice, a reasonable reduction of the price or the termination of the contract. In this case, the Customer shall send his/her written request by mail to aquadilucca.it which will indicate within 7 working days from receipt its willingness to process the request, or the reasons that prevent it from doing so.
In the same communication, if aquadilucca.it has accepted the Customer’s request, it must be indicated the suggested price reduction or the method for returning the defective goods. In such cases, it will be the Client’s responsibility to indicate the methods for crediting the amounts previously paid to aquadilucca.it
Limitation of Liability
aquadilucca.it takes no responsibility if disruptions due to force majeure prevent it from executing the order within the time specified in the contract.
aquadilucca.it can not be held liable towards the Customer, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet beyond its own control or its subcontractors control.
aquadilucca.it will not be liable for damages, losses and costs incurred by the Customer as a result of the non-enforcement of the contract for reasons not attributable to him, being the Customer only entitled to the full refund of the price paid and any additional charges incurred.
aquadilucca.it takes no responsibility for any fraudulent and illicit use of credit cards, checks and other means of payment by third parties, for the payment of products purchased, 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.
In no case the Customer will be held liable for delays or errors in the payment if he/she proves that he/she has made the payment according to the time and manner indicated by aquadilucca.it.
Buyer’s obligations
The Customer undertakes to pay the price of the purchased good according to the times and methods indicated in the contract.
The Customer undertakes, once the online purchase procedure is concluded, to print and keep this contract.
The information contained in this contract (including information relating to the Privacy), is been, however, already viewed and accepted by the customer, who acknowledges it, as this step is mandatory before the confirmation of the purchase.
Causes for termination
The obligations taken by the Customer, as well as the guarantee of the successful completion of the payment made by the Customer through the means referred to in the paragraph “Payments” and also the exact fulfillment of the obligations taken by aquadilucca.it are substantive, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous event or force majeure, will result in the termination by right of the contract under art. 1456 of the Italian Civil Code, with no need for a judicial decision.
Information and complaints
For information or clarifications on the conditions of sale and products, the customer may contact us at 0583/491180 from Monday to Friday from 9.30 to 13.00 and from 16.00 to 19.00 or via email at info@aquadilucca.it.
Methods for archiving the contract
Pursuant to art. 12 of the legislative decree 70/2003, aquadilucca.it informs the Customer that every order sent is stored in digital / paper form at the headquarters of aquadilucca.it or on information system / IT tools of suppliers of services of the seller and whose relationships are governed by a standard service contract.
Governing Law and Dispute Resolution
The General Conditions of Sale are governed by Italian law, with particular reference to the legislative decree 6 September 2005 n. 206 (so-called “consumer code”) and the legislative decree 9 April 2003 n. 70 on electronic commerce.
Any matter not expressly regulated herein, shall be regulated by the applicable law concerning the agreement entered into between aquadilucca.it and the Customer, and in particular the article 5 of the Rome Covenant of 1980.
If the parties intend to start proceedings in Court, the jurisdiction is that of the place of residence or domicile of the Consumer, which is mandatory pursuant to Art. 33, paragraph 2, lett. U) of the Legislative Decree 206/2005.
Pursuant to art. 60 of the legislative decree 206/2005, reference is made to the provisions of Part III, Title III, Chapter I of the legislative Decree 206/2005.
In case of any discrepancies between these Conditions as written in Italian and their translation into English, the Italian version shall prevail.