GENERAL CONDITIONS OF SALE
On the site www.tulize.it ("Site") are on sale products branded "tu lizé" ("Products" or "Product") sold and invoiced by Flor Art Accessori S.r.l. (C.F. 02695130167), with registered office in (24064) Grumello del Monte (BG), Via Roma n. 88 and registered with the REA of Bergamo under number BG - 315239 ("Flor Art").
1. SUBJECTS AND LANGUAGE
1.1 The purchase of Products on sale on the Site is reserved for individuals of legal age who intend to purchase Products for purposes unrelated to their professional activity as end consumers. In order to complete the purchase, the User declares to meet these requirements. Flor Art reserves the right not to process any orders from persons who do not fall within the definition of "consumer" provided by art. 3 of the Consumer Code.
1.2 The language for the conclusion of the Contract is Italian.
2. OBJECT OF THE CONTRACT AND AVAILABILITY OF GOODS
2.1 The Products offered for sale by Flor Art are only those present on the Site at the time the order is placed.
2.2 These General Conditions do not govern the sale of products by parties other than Flor Art, which are advertised or otherwise present on the Site through links, banners or other hypertext links. Flor Art is exempt from any liability arising from the purchase of goods or services from third parties through these links, banners or other hypertext links, nor for any errors, omissions or violations of law attributable to them.
2.3 In the event that a Product is out of stock, the Site will notify the User with the words "out of stock". The Site allows the user to enter their e-mail address and be informed as soon as the product will be available again, it being understood that this operation does not imply any obligation to sell for Flor Art. Flor Art will not be responsible in the event that the product should no longer be available.
2.4 Inside the e-shop section of the Site, is provided for each Product a brief description, the indication of the composition, the washing methods as well as the sizes available. It remains in any case understood that the images accompanying the description of a Product are for information purposes only and may not be perfectly representative of its characteristics but may differ, for example, in color and size (also due to the browser and monitor used to access the Site and view the images). In these cases, any discrepancies found cannot be understood as a lack of conformity of the Product.
2.5 Products marked as "up-cycled" ("Up-cycled Products") are made from pre-existing garments. Any signs of wear and tear and/or irregularities and/or differences between the individual garments are not to be considered as defects but as characteristics of the Up-cycled Products.
2.6 For further information on the characteristics of the Products, the customer service of the "tu lizé" brand is available at firstname.lastname@example.org.
3. CONCLUSION OF THE CONTRACT
3.1 In order to place an order on the Site, the User must fill in all parts of the order form present on the Site ("Order Form") and send it after having carefully examined the General Conditions and the Returns Policy, as well as the characteristics of the Product and/or the Products that he/she intends to purchase and the relative price ("Order").
3.2 In particular, the purchase procedure of the Website foresees the insertion of the Products in the virtual cart. Subsequently, in order to proceed with the purchase, the Customer will have to (i) register according to the procedure set forth in art. 6 and provide the information requested by the Site; (ii) login to the My Account page if the registration to the Site has already been made previously; (iii) proceed with the purchase as a guest.
3.4 The Contract is concluded when Flor Art receives electronically the Order Form after verifying the correctness of the data relating to the Order.
3.5 The correct receipt of the Order is confirmed by Flor Art through receipt of the Order via e-mail, sent to the e-mail address provided by the User. This confirmation message will summarize the General Conditions and the Return Policy as well as the information already contained in the Order Form (characteristics of the Products, price, shipping costs, right of withdrawal).
3.6 Flor Art reserves the right not to process the Order if the same is not complete or in case of unavailability of the Products without the User being able to claim rights and / or claims for any reason, including compensation, for the non-acceptance of the order itself. In these cases, the User will be informed by e-mail and Flor Art will refund the price paid by the User.
3.7 The Order Form will be filed in the database of Flor Art for the period of time necessary to process the order and in any case within the terms of the law. The User that will have made the registration will be able to consult his own Order by accessing the section My Account of the Site.
3.8 Flor Art reserves the right to take all actions to stop any irregularities, in its sole discretion, in relation to the Orders that are abnormal in reference to their frequency or quantity of products purchased. In particular, Flor Art reserves the right to
a) terminate, also pursuant to art. 1456 of the Italian Civil Code, the Contracts put in place;
b) suspend access to the Site;
c) cancel the registration to the Site.
4. PRICE AND METHODS OF PAYMENT
4.1 The price of the Products indicated on the Site is expressed in Euros and includes VAT (the "Price"). Shipping costs are charged to the User and will be communicated to the same in the Order Form. With regard to shipping costs, please refer to art. 5 below.
4.2 Flor Art may modify the prices of the Products at any time without providing prior notice to the User. The changes to the price of the Products are applied only after their publication on the Site and do not affect the orders placed previously.
4.3 Payment will be made according to the method chosen by the User among those expressly provided for by Flor Art:
(i) PayPal: for the payment can be used by the Customer the Paypal circuit according to the specific procedures of the same;
(ii) credit card: in the case of purchase of products with credit card payment method, the transaction will take place through the secure server chosen by Flor Art.
In no case and at no stage of payment Flor Art will be able to know the information relating to credit card User, transmitted via secure connection directly to the site of the bank handling the transaction. No computer archive of Flor Art will retain such data and therefore in no case Flor Art can be held responsible for any fraudulent and illegal use of credit cards by third parties at the time of payment.
4.4 The User may also request Flor Art, if desired, the issuance of a tax invoice for the purchase by providing the tax details required by the case.
4.5 Even after the payment of the Price, Flor Art will be able to use again the information relative to the credit card of the Client when it is necessary in order to make a reimbursement in its favor in the cases foreseen by the present General Conditions at art. 5 or however by the law.
5. DELIVERY OF PRODUCTS AND RELATED COSTS
5.1 The cost of shipping throughout the national territory is 12 euros. The cost of European and international shipments is generated by the Site in relation to the country of destination and will be displayed by the Customer in the Order Form. For information on the cost of shipping in his country, the User can send an e-mail to email@example.com.
5.2 With regard to deliveries to countries outside the European Union, any customs import charges will be borne by the User. The User is therefore invited to contact in advance the customs authorities of his country to verify the costs and any import limits.
5.3 The orders are processed by Flor Art from Monday to Friday from 9 to 18. Flor Art is committed to shipping the Order in the shortest time possible, usually within 2 (two) working days. At the time of shipment of the Order by Flor Art, you will receive an e-mail from the courier with all the information relating to delivery.
5.4 The delivery is made to the address indicated by the User in the Order Form within 24-48 hours throughout the country (except Sardinia, Sicily, Calabria for which the expected time is 48-72h) and within 2 (two) - 5 (five) days for European and international shipments from the time of shipment by Flor Art. The delivery times indicated by Flor Art should be considered purely indicative and a delay compared to the same, does not entitle the user to refuse delivery and the request for compensation or damages.
5.5 Upon delivery of the Products, the User is required to check: (i) that the number of packages delivered corresponds to what is indicated in the transport document; (ii) that the packaging is intact, undamaged, or wet or otherwise altered, even in the closing materials (adhesive tape or metal straps). Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately detected, putting a specific indication on the delivery note of the product to be returned to the carrier. Eventual inherent problems to the physical integrity, the correspondence or the completeness of the received products must be communicated within 7 (seven) days from the happened delivery, second the modalities previewed in the present document.
6. REGISTRATION ON THE SITE
6.1 Registration on the Site is free of charge. In order to register on the Site the User must fill in a special form, entering the following information:
(a) first name;
c) e-mail address;
The above information will be recorded by the Site once the specific "Register" button has been clicked. Registration on the Site is certified by an e-mail sent to the e-mail address indicated by the User.
6.2 Registration on the Site, through the opening of a personal account, allows the User to carry out the following operations on the Site:
(a) purchase Products;
b) manage their personal data and update them at any time;
c) save and modify their addresses
d) access all information relating to Orders and any returns.
6.3 Each Customer may only use one registration to the Site and it is, therefore, forbidden for the Customer to create more than one account. In addition, the Customer is prohibited from entering, for the purposes of registration at the Site, personal data of third parties, as well as false, invented or, in any way, not corresponding to the truth.
In the case of violation of these prohibitions, Flor Art reserves the right to close all accounts belonging to the same customer. The Customer agrees to indemnify and hold harmless from any claim for damages in any way related to the violation of the obligations provided for in this art. 6.3.
6.4 The Customer may at any time suspend or delete his/her account on the Site. Any cancellation or disabling of the account does not constitute a just cause for withdrawal with respect to the Distance Selling Contracts already completed, even if the goods or services thus purchased have not yet been delivered to the Customer.
7. RIGHT OF WITHDRAWAL
7.1 Pursuant to art. 52 of the Consumer Code, the User may exercise the right of withdrawal, for any reason, without the need for reasons and without penalty, within 14 (fourteen) days from the date of delivery of the Products. The Products must then be delivered to the courier within 14 (fourteen) days from the date of receipt of the same.
7.2 To exercise the right of withdrawal, the registered user can use the procedure provided by the Site in the My Account section by selecting the Order of which you want to exercise the right of withdrawal and also select specifically which product or products you want to request the return. The user may request to be refunded ("Refund") and indicate the reason for the withdrawal. Once the procedure is complete, the user can check the status of their return in the relevant section of My Account and will receive instructions for shipping to the e-mail address provided. The non-registered user can exercise the right of withdrawal by sending an email to firstname.lastname@example.org.
7.3 The return is free and is managed directly by Flor Art that will send the user, through the courier, the label that will be affixed to the package and all the information for the withdrawal. Flor Art will bear the cost of a single shipment of return for each order placed. The products of the same order must be returned in a single shipment. Flor Art reserves the right not to accept Products of the same Order, returned and shipped at different times.
7.4 The Products must be returned intact without having been used, washed or damaged. The Products must be complete with all parts, in their original packaging (envelopes and packages) as well as with their tags and seals. The User must try the Products without removing the disposable seal and tag. In case of non-compliance with these conditions, the return will not be accepted.
7.5 In any case, the right of withdrawal can be applied to the Products in its entirety, it is not possible to exercise withdrawal only on part of the product purchased (eg accessories, accessories, etc. ...). The right of withdrawal will not apply to customized products.
7.6 Flor Art reserves 3 (three) working days from the receipt of the returned Products to evaluate the respect of the conditions of return as per Art. 6.4 and proceed to accept the return. In this case, Flor Art will reimburse the User the entire amount paid, net of shipping costs through a procedure of transfer of the amount charged, using the same means of payment used by the User for the initial transaction. In any case, the User will not incur any costs as a result of this refund. The refund time depends on the credit card company but normally takes place within 30 (thirty) days.
7.7 In case of forfeiture of the right of withdrawal, Flor Art will return the Products to the sender, charging the same shipping costs and, where already refunded, the Price.
8.1 All the Products sold by Flor Art are covered by a 24 (twenty-four) month warranty for conformity defects, pursuant to Title III of the Consumer Code. The User is required to report the lack of conformity within 2 (two) months from the date on which he discovered the defect. To take advantage of assistance under warranty, the user must keep the invoice, or receipt of payment, together with the transport document.
8.2 The guarantee for conformity defects shall apply provided that the Products have been used correctly, in compliance with their intended use and with what is provided for in the instructions for use and washing indicated. Flor Art reserves the right not to grant the application of the guarantee if the washing instructions or the intended use of the Products have not been respected or if normal diligence has not been used by the User.
8.3 In the event that, for any reason, Flor Art is not able to return a product under warranty (restored or replaced), or if the repair or replacement were, also due to the value of the product, excessively expensive, Flor Art may proceed to the appropriate reduction of the price paid, or rather to the restitution of the amount paid with termination of the contract and excluding any further compensation and/or indemnity.
8.4 Minor defects of the Products for which it is not possible to carry out or excessively costly to repair or replace do not entitle the customer to terminate the contract.
9. COMPLAINTS AND REQUEST OF INFORMATION
9.1 Any possible complaint or request for information can be addressed to Flor Art Accessori S.r.l., Via Roma 88 (24064) Grumello del Monte (BG) or to the e-mail address email@example.com.
11. APPLICABLE LAW AND JURISDICTION
11.1 These General Conditions and, consequently, the Contract concluded with the User are governed by Italian law and must be interpreted in accordance with it.
11.2 Disputes arising from the interpretation, validity and/or execution of these General Conditions shall be referred to the jurisdiction of the courts of the place of residence or domicile of the Customer if located in Italian territory.
12. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS, MODIFICATION AND UPDATING
12.1 The applicable General Conditions are those in force at the time of the transmission of the Order.
12.2 Flor Art reserves the right to modify the General Conditions at any time, also in consideration of possible normative changes.
12.3 Any changes made to the General Conditions are effective from their publication on the Site and shall only apply to contracts stipulated after their publication.
12.4 The General Conditions and any amendments thereto may be consulted at any time via the link.