The following General Conditions of Sale govern the offer and sale on the website imoniliaprile.it (hereinafter "Site") and are drawn up in compliance with the legislative provisions of the Italian Civil Code, Legislative Decree n. 70/2003 on information society services and electronic commerce and Legislative Decree 206/2005 (hereinafter the "Consumer Code").
The products marketed on imoniliaprile.it are sold directly by I Monili di Aprile Gaspare S.r.l (hereinafter, the "Seller"), with registered office in Via Resistenza Partigiana 25 - 97015 Modica (RG), C.F. - VAT number 01155880881.
The General Conditions of Sale apply and govern all sales contracts concluded through the Seller's Site, as identified above.
The purchase of products on the Site is reserved exclusively for natural persons (hereinafter "Users") who act as consumers and who are over 18 years of age.
By "consumer" we mean any natural person who acts for purposes unrelated to any commercial, entrepreneurial, craft and professional activity carried out.
The General Conditions of Sale may be subject to changes and each User is required to consult them before proceeding with any purchase. It is the User's responsibility to check the General Conditions of Sale before submitting the order.
The Seller is never responsible for the supply of products from the site imoniliaprile.it by third parties present on the Site through links, banners or hypertext links. Before confirming orders to third parties, the User is required to check the respective conditions of sale.
As an online seller, I Monili di Aprile Gaspare s.r.l. it is not required to issue the invoice (nor the receipt or the tax receipt) to consumers who do not have a VAT number, according to art. 22 of the Decree of the President of the Republic dated 26/10/1972 n. 633 and article 2, letter o) of Presidential Decree 21 December 1996, n. 696 (as confirmed by Resolution no. 274 / E of 5 November 2009).
The request to issue the invoice is possible no later than the time of placing the order pursuant to art. 22 Presidential Decree 633/1972.
To proceed with the online purchase of one or more products, the User must provide the Seller with all the data necessary to allow the latter to execute the orders placed.
To conclude the purchase contract, the User must send his order through the appropriate electronic order form prepared on the Site. The electronic sending of the order gives rise to the User the obligation to pay the final price indicated therein.
To complete the purchase, the User is required to confirm payment of the price of the products placed in the cart. Orders that do not register the corresponding transaction are not processed.
When the User places an order, he receives an e-mail containing the confirmation of receipt of the order and the summary of the same.
If the products presented on the Site are no longer available at the time of the last access to the Site or after the order was sent, the system will notify the User of the unavailability of the products ordered, via an error message. In the event that the purchase is still registered, it will be the Seller's responsibility to notify the User of the unavailability of the products ordered, within 5 days from the day following the one in which the order is sent. In the event of payment, the Seller will refund the price without being required to pay any further compensation.
The User can, at any time, monitor the status of their order and access the history of their past orders through their account on the Seller's Site or by consulting the Customer Service via the email address email@example.com.
The products offered for sale through the Site are wrist watches and related accessories, which are present in the online catalog at the time of the order.
The product catalog can be updated and modified periodically therefore the permanence of a product among those available online is not guaranteed.
Each product is presented through a specific product page where all its essential characteristics are reported; the images and colors of the products may not exactly correspond to the real ones due to the settings of the devices with which the User accesses the Site. The images of the products must, therefore, be considered indicative and subject to normal tolerances of use.
The prices of products for sale on the Site include VAT and any other taxes that may be applicable to the sale to Users who purchase from a state belonging to the European Union, the Vatican City State and the Republic of San Marino.
In the case of Users who place an order from a country other than those listed above, the price is indicated net of VAT and any additional taxes that may be applied in the country of destination. If applicable, this tax will be collected upon delivery of the product.
The shipping address indicated by the User in the order form determines the geographical origin of the order.
Product prices may be subject to updates and variations. The User is required to check the final sale price before submitting the related order. The obvious material error in the price shown on the Site - compared to the commonly known price of the chosen product - entails the Seller's right not to confirm the shipment and to proceed with the immediate reimbursement of the purchase value paid by the User, without the latter being able to oppose exceptions in this regard.
The costs and types of shipping provided may vary depending on the country and the shipping methods chosen by the User.
The relative amount will be expressly and separately indicated in the order summary, before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail.
The User can choose one of the payment methods indicated in the order form.
The amount of the order will be charged at the time of payment, unless you have chosen payment by installments (PayPal) or deferred.
The User is solely responsible for the correctness and accuracy of the data entered and guarantees to use only means of payment (credit / debit cards, payment service accounts) for which he has legitimate availability.
The products are delivered, via affiliated couriers, directly to the User, or to a person expressly indicated by him, to the shipping address specified in the order.
The Seller will do everything possible to process the order sent within 2 working days and in any case no later than 30 days from the day following that on which the User sent the order.
Delivery times include working days only and do not include holidays.
The Site allows you to request the delivery of the ordered products to an address other than the User's own on the condition that it is included in the User's country of residence as indicated in the space reserved for the billing address; in any case, it is the User's responsibility to indicate all the references necessary for the success of the delivery.
The User will be notified about the fulfillment of their order through a specific message sent to the email address indicated in the order form.
In cases where the purchase of products not yet manufactured ("pre-orders") is proposed, this circumstance will be reported to the User by means of a specific indication on the Site.
The delivery terms referred to in § 6. begin to run from the moment in which the Seller obtains possession of the products themselves.
The application of art. 1472 of the Civil Code.
It is strictly forbidden for minors to place an order on the Site.
The data entered during the purchase phase must be exclusively their own real personal data and not those of third parties or fictional ones. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The User releases the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the User, being himself solely responsible for the correct insertion.
The User is required to verify the contact and shipping details before completing the purchase using the appropriate summary screen shown at the end of the order procedure. The Seller disclaims any liability arising from errors in entering data not attributable to them, including any loss of the purchased product.
Upon receipt of the products, the User is required to verify the conformity of the same in relation to the order. In particular, he must pay attention to the correspondence between the number of packages indicated on the carrier's letter and those delivered and to the integrity of the package.
At the same time, the User is required to report the fact to the Seller's Customer Service by communicating it via the email box firstname.lastname@example.org.
If the User accepts the delivery of products contained in tampered and / or damaged packaging, he will lose the legal guarantee of conformity of the products.
The Seller assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes, earthquakes and other events that prevent, in whole or in part, the execution of the contract within the agreed time.
The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the customer is only entitled to a refund of the price paid.
Likewise, the Seller is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the products. In fact, at no time during the purchase procedure, the Seller is able to know the User's credit card number which, by opening a secure connection, is transmitted directly to the payment service manager.
The User has the right to withdraw from this contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or another person - other than the carrier and designated by him - acquires physical possession of the products.
To exercise the right of withdrawal, the User must inform the Seller of his decision to withdraw from this contract by means of an unequivocal declaration to be sent
For this purpose, the User can also use the withdrawal form available here, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
To be entitled to a refund, the item to be returned to the Seller must be unused and in the same condition in which it was received. The User must also return the original packaging. A receipt or proof of purchase is required to complete the return process.
To return a product, it must be sent to:
I MONILI DI APRILE GASPARE S.R.L.
Via Resistenza Partigiana 25
97015 Modica (RG)
The shipment must take place without delay and in any case within 14 days from the date on which the User has communicated the withdrawal.
The User will have to pay the shipping costs for the return of your item. These fees are non-refundable.
It should be noted that, in the event that the returned product is replaced, depending on the place chosen by the User for delivery, the time required for the new product to be delivered may vary.
If you are shipping an item whose value exceeds € 50, the User should consider using a traceable shipping service or purchasing shipping insurance. The Seller assumes no responsibility in the event that the product to be returned is not delivered under any circumstances.
III. Effects of withdrawal
If the User withdraws from this contract, all payments that he has made in favor of the Seller will be reimbursed, including delivery costs (with the exception of additional costs deriving from the possible choice by the User of a type of delivery other than less expensive type of standard delivery offered by the Seller), without undue delay and in any case no later than 14 days from the date on which the Seller was informed of the User's decision to withdraw from this contract. The application of art. 56.3 of the Consumer Code. These refunds will be made using the same payment method used by the User for the initial transaction, unless he has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement.
Once the return has been received and inspected, the Seller will inform the User about the approval or rejection of the refund by email.
If approved, the refund will be processed and credited to the User's credit card or original payment method.
The Seller may suspend the payment of the refund until the products are received or until the User has provided proof of having returned them.
A partial refund (if applicable) is granted when an item is not in its original condition, is damaged or parts are missing for reasons not due to Seller error.
The User who has not received the expected refund, is advised to first monitor their bank account and, possibly, contact the company that issued their credit card and bank, as it may take some time before the refund is officially registered.
If these initiatives have not been successful, the User can contact the Seller at the email address email@example.com
The Seller undertakes to replace the items only if defective or damaged. If you want a replacement with the same item, the User can contact the Seller at the email address firstname.lastname@example.org and send the item to be replaced to:
I MONILI DI APRILE GASPARE S.R.L.
Via Resistenza Partigiana 25
97015 Modica (RG)
VII. Limitations to the right of withdrawal
The Seller does not accept the return of products that are clearly personalized or assembled at the express request of the User. Therefore, the latter will not be entitled to any replacement or refund.
The Seller is obliged to deliver to the User goods that comply with the description given in the sales contract and is liable for any lack of conformity of the products existing at the time of delivery or which occur within two years of delivery.
For the purposes of the validity of the above guarantee, the User must report the lack of conformity to the Seller within one month of discovery, under penalty of forfeiture, by contacting Customer Service at the email address email@example.com. The report must contain an accurate and complete description of the defects / faults contested.
Customer Service will provide the User with instructions for returning the product.
The User will have the right to request, without charge, the repair of the product or, alternatively, the replacement, an adequate reduction in the price or the termination of the contract pursuant to and within the limits set out in Article 130 of the Consumer Code. . Pursuant to paragraph 10 of art. 130, in the event of a slight defect / defect, the User will not have the right to terminate the contract.
In any case, lack of conformity resulting from damage due to accidental events or the responsibility of the User for use not in accordance with the intended use of the product are excluded from the legal guarantee.
Any dispute relating to the application, execution, interpretation and violation of sales contracts entered into through the Site is subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is expressly excluded.
In any case, any rights attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile of the latter will be reserved.
The Seller reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The User who accesses the Site and places an order will adhere to the policies and terms of the General Conditions of Sale from time to time in force at the time the order is placed, unless any changes have retroactive effect under the applicable law. . If one of these provisions is deemed invalid, null or inapplicable, this condition will not affect the validity and effectiveness of the other provisions.
The User may request any information in writing via customer service at the following email address: firstname.lastname@example.org.