GENERAL CONDITIONS OF SALE
Please be informed that this internet website is owned and managed by the company Particolare S.r.l., a company operating under Italian law with registered office in Corso di Porta Ticinese, 3, 20123 – Milan (MI), Italy, registered on the Milan Register of Companies under REA 1800663, with Tax Code and VAT no. 05152810965.
Our business office is located inVia Archimede 12, 20129 Milan, Italia(geographic office, which is indicated also for the purposes of filing complaints, if any; hereinafter, the “Business Office”).
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These General Conditions of Sale (hereinafter, the “General Conditions”) govern the contractual relationships between the undersigned company Particolare S.r.l. (hereinafter, the “Seller”) and its end clients within the European Union, exclusively if such clients are individuals acting for purposes unrelated to any entrepreneurial, commercial, handcrafted or professional activity carried out (hereinafter, the “Buyer”). The provisions of Italian Legislative Decree no. 206/2005 (hereinafter, the “Consumer Code”) and Italian Legislative Decree no. 70/2003 (hereinafter, the “E-Commerce Regulation”), with which these General Conditions comply, shall apply to the relationships between the Seller and the Buyer.
Pursuant to and in accordance with these General Conditions, the following definitions shall apply:
“Contract negotiated off business premises”, means a contract concerning the sale and purchase of goods, entered into by the Seller and Buyer in any form, drawn up:
2.1.The products we offer to our Buyers – listed in the Catalogue (hereinafter, the “Products”) – are designed by our designers, produced with traditional methods by highly qualified staff using the highest quality materials, and marketed with the trademarks “Judari” and “Russy by Judari”.
2.2.Given the handcraftsmanship of our Products, there may be limitations to the availability of such Products. The Seller therefore reserves the right to limit the quantity of Products available, to accept only part of an order or to split a single order into multiple deliveries.
3.1.Distance Contracts and Contracts negotiated off business premises (hereinafter, collectively, the Contracts”) for the sale of the Products by the Seller to the Buyers are governed by the General Conditions in force at the time of completion of the purchase order of the Products, and form an integral and substantial part of such order.
3.2.The General Conditions are not prejudicial in any case to the rights assigned to the Buyer by mandatory legal provisions.
3.3.Depending on the availability of the Products, the related purchase order (hereinafter, the “Order”) may be sent to the Seller through the appropriate section on the official website, by e-mail, fax, telephone and/or ordinary mail, using the details provided on our official website. The Order documents (i.e., the Order form and the General Conditions), must be signed by the Buyer in the appropriate sections.
3.4.Each Order shall constitute a firm and irrevocable offer by the Buyer and the sale and purchase of the Products shall be considered concluded once the Buyer receives the communication of acceptance by the Seller.
3.5.Following the receipt of an Order, the Seller shall send you an Order receipt (hereinafter, the “Order Receipt”), containing a summary of some of the information already contained in the Order form (i.e. the General Conditions, the information regarding the withdrawal right, the essential characteristics of the Products, the detailed price and payment methods, along with any delivery costs).
3.6.The Seller may exclusively accept requests for purchases from – and deliveries to be made in – the following Countries:
4.1.The Seller will publish the price of the Products in the Catalogue. Such price applies to deliveries to be made in the territory chosen by the Buyer and includes VAT (calculated based on the legislation in force at the time of the Order) and freight rates. Any further and/or different costs (e.g. customs charges) shall be borne by the Buyer.
4.2.Although it is our responsibility and our concern to ensure that the prices listed in the Catalogue are always correct and up to date, mistakes and/or inconsistencies in the amounts indicated therein could accidentally occur. If, upon receipt of an Order, we notice any mistakes and/or inconsistencies, we shall promptly inform the Buyer so that it may choose whether to confirm the Order at the correct price or instead withdraw it.
4.3.The Seller shall have the right, amongst others, to amend at any time the current prices and/or to launch and carry out promotions and/or special offers.
5.1.Payment for the Products may be made exclusively by credit card. It is understood that the invoicing address stated by the Buyer on our official website must correspond to the address registered by the Buyer with the company issuing the credit card.
5.2.The transaction amount will be charged to the Buyer’s credit card following verification of the credit card details, receipt of the related authorization, and confirmation of the Products’ availability and feasibility for shipment.
5.3.The Products will be delivered by the Seller’s carrier to the closest point – reachable by the carrier – to the address specified by the Buyer in the Order.
5.4.The delivery term for the Products is approximately between 1 and 2 weeks (depending on the schedules applied from time to time by the carriers appointed by the Seller, including any customs clearance) from the day after the day the Buyer received the Order Receipt from the Seller. The Seller, in accordance with normal industry practice, will do whatever is reasonably possible to comply with the aforementioned estimated delivery terms.
5.5.Pursuant to article 54 of the Consumer Code, the Seller shall in any case carry out the Order within 30 days from the day after the day it was sent by the Buyer.
5.6.In order to allow the Buyer to verify the delivery status in real time, the Seller shall send an e-mail confirming the shipment of the Products, indicating the codes necessary for the Buyer to track the shipment status.
6.1.The characteristics of the Products can be found in the associated descriptions on our website. Products designed by our designers are produced with traditional handcrafted methods using the highest quality materials. As a result, there might be typical variations and very slight asymmetries which are characteristic of products produced with purely traditional handcrafted methods.
6.2.Although it is our responsibility and our concern to provide an accurate photographic representation of the Products, such representation in some cases might not completely, exactly or accurately represent the Product (e.g. color definition, visual appearance of the materials used, etc.).
6.3.The designs and intellectual property rights associated with the Products (including, but not limited to, the copyright connected with the model design, any associated trademark, and the know-how for the production of the Products) are exclusively owned by the Seller. Any violations of the Seller’s rights (including, but not limited to, any unauthorized reproductions of the models) shall be prosecuted under the law.
7.1.The Buyer has the right to withdrawal without incurring any penalty and without specifying a reason, within 10 working days starting from the day it received the Product.
7.2.The Buyer may exercise the withdrawal right by sending a written communication (i.e. a registered letter with return receipt) to the Business Office, within the terms provided for under article 7.1. The communication may also be sent, within the same term, by telegram, e-mail and fax, provided that it is confirmed by registered letter with return receipt within the following 48 hours.
7.3.The withdrawal communication must indicate the number of the Order in relation to which the withdrawal right is exercised, as well as the Product that the Buyer intends to return.
7.4.The Buyer that has validly exercised the withdrawal right must return the Product to the Seller (at the Business Office, Via Archimede 12, 20129 Milano, Italy) within 10 working days starting from the date of receipt of the product (for the purposes of the expiry of the term, the good is considered returned when it is delivered to the accepting post office or to the carrier). In order to exercise the withdrawal right, the Product to be returned must be in the same condition as when it was received (without abrasions, scratches, opacifications, etc.). The Buyer that makes use of the withdrawal right must return the entire Product in its original packaging, including the related documentation. The details of the Order in relation to which the withdrawal right is exercised must be indicated on the return packaging and documents. The Seller reserves the right to verify that the returned Product is complete and to deduct any falls in value from the refund amount, including those due to damage to the Product for reasons other than transportation.
7.5.The only charges due by the Buyer for exercising the withdrawal right shall be for returning the good to the Seller. Alternatively, if the Buyer makes an express request when informing the Seller of the withdrawal, the Seller may organize the collection of the goods with its own carrier. In this case, the Buyer shall ensure the Product is available for collection from the place of its original delivery (within 10 working days from the delivery date) and the Seller shall be authorized to charge the Buyer with the related freight cost.
7.6.If the withdrawal right has been exercised by the Buyer in compliance with the provisions of this article, the Seller shall refund – under the above terms – the amounts paid by the Buyer, except for those amounts provided for under article 7.5 of the Contract. The refund shall be completed within 20 working days from the return of the Product and, in any case, within 30 days from the date the Seller became aware of the valid exercise by the Buyer of the withdrawal right. The amounts shall be considered as refunded within the terms when they are in fact returned, sent or reaccredited with a value date no later than the expiry date of the related term.
7.7.The Seller shall be entitled not to accept returned Products that have been altered and/or damaged.
8.1. The Seller shall ensure to keep a copy of the General Conditions in force at the time of sending the Order and the Order Receipt. If the Buyer notices any mistakes or inaccuracies in the data provided to the Seller, it will be kindly asked to contact the Seller’s customer services.
8.2. These General Conditions can be easily downloaded from the following page of the Seller’s official website: shop.judari.it.
Further information or assistance can be requested by sending an e-mail to: email@example.com.
10. Updates to the General Conditions.
The General Conditions may be updated and/or amended by the Seller at any time, effective from the date of the related publication. The updated version of the General Conditions will be available on the following page: shop.judari.it.
11. Processing of personal data.
Information on the processing of the Buyer’s personal data is available on the following page:
12. Governing law; jurisdiction.
These General Conditions are governed by Italian law and, in particular, by Italian Legislative Decree no. 206 dated September 6, 2005, concerning the consumer code, with specific reference to the regulations regarding distance contracts, as well as by Italian Legislative Decree no. 70 dated April 9, 2003, concerning some aspects of e-commerce.
Any disputes arising in relation to these General Conditions and/or the related relationship between the Seller and the Buyer are subject to the jurisdiction provided for by the applicable law.