Terms of service
TERMS AND CONDITIONS OF SALE
ALBERTO CIASCHINI ("AC"), a company incorporated in Italy (registered in the Companies’ Register with No. MI-2634223), having its registered office at Via Camillo Prampolini 4, 20158 Milan, Italy, offers for sale products from the collections marked by the ALBERTO CIASCHINI trademark (the "Products") directly to its customers through the website https://albertociaschini.it/ (the "Website"). The sale of Products on the Website is subject to the following terms and conditions of sale (the "Conditions of Sale").
2. CONSUMER INFORMATION
2.1. The Products on the Website are offered for sale only to retail customers (the "Customer(s)"). The term Customer is understood to mean any natural person who makes a purchase for purposes unrelated to any trade, business, craft or professional activity. Only persons of legal age (i.e., over 18 years old) may purchase the Products on the Website.
2.3. By submitting an order, the Customer accepts and undertakes to comply with these Conditions of Sale.
3. PLACING AN ORDER
3.1. Before placing any order, the Customer is advised to register on the Website by creating an account name and a password. Purchases can also be made on the Website without the need to register an account. However, without registration, any items reserved in the Shopping Cart will be deleted if the purchase procedure is not completed and the Customer will be required to start a new purchase procedure when returning to the Website.
3.2. To purchase one or more Products, the Customer selects the desired Products. The Products selected will automatically be placed in the Shopping Cart.
3.3. The Customer may change any information they entered during the purchase process up to the moment when the order is confirmed. Once the order has been placed, the Customer will no longer be able to change and/or cancel the order.
3.5. After placing the order, ALBERTO CIASCHINI will send the Customer an email to confirm that it received the order and to confirm its processing (the "Order Confirmation"). The Customer may check their orders at any time from the "My Account" section on the Website, if they are registered, or by contacting Customer Services at firstname.lastname@example.org.
3.6. Note that the Order Confirmation does not constitute acceptance by ALBERTO CIASCHINI of the Customer's order. ALBERTO CIASCHINI will accept the order and charge the sums to be paid to the Customer's payment card only after the Products have been shipped. At which time ALBERTO CIASCHINI will send the Customer a further email confirming that the order has been accepted and that the Products have been shipped (the "Shipping Confirmation"). The order invoice will be attached to the email containing the Shipping Confirmation.
3.7. ALBERTO CIASCHINI reserves the right not to accept orders placed by the Customer if it considers that they do not meet the requirements for sending a purchase order or those placed by parties with whom a dispute is pending regarding a previous order or for any other lawful grounds, without providing justification. ALBERTO CIASCHINI reserves the right not to accept or fulfil orders that have been placed by retailers.
3.8. An image of each Product offered for sale will be displayed on the Website, together with the unit price, available colours and sizes. Product images are provided for explanatory purposes only. ALBERTO CIASCHINI is not responsible for any inaccuracy in the visual images of the Products displayed on the Website if caused by the above technical reasons.
4. PRICE AND PAYMENT
4.1. The Prices of the Products available for sale on the Website are expressed in EUR (€) for sales in the European Union and the non-EU countries listed on the Website (excluding the United States and China), in GBP (£) for sales in the United Kingdom and in Canadian dollars (CAD) for sales in Canada.
4.2. If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
4.3. Any further costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered under these Conditions are the sole responsibility of the Consumer.
4.4. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous paragraphs. 4.2. and 4.3., at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and cannot in any way charge the aforementioned charges to the Seller.
4.5. ALBERTO CIASCHINI accepts payments via MasterCard, Visa, American Express, PayPal.
4.6. For payments via MasterCard, Visa, American Express and PayPal, the purchased Products will be sent to the Customer exclusively after verification of the Customer's payment card data and only after receiving debit authorization from the Customer's bank . The Customer's payment card will be charged only after the Products have been shipped. Once payment is received, your order will be processed.
4.7. All Products are supplied with an identification tag containing an identification number which forms an integral part of the Product in question. The Customer must not remove the identification tag and the relevant identification number from the Product until he has verified that the Product corresponds to the requested order or until he decides not to exercise the right of withdrawal referred to in point 6 below.
5.1. The Products will be shipped to the address provided during the purchase process. For the sake of security, ALBERTO CIASCHINI does not send any orders to P.O. boxes, nor does it accept any orders where it is impossible to verify the identity of the recipient of the order and the address of the individual.
5.2. All purchases will be delivered by the courier service selected by ALBERTO CIASCHINI (DHL and UPS for the European Union, the United Kingdom and non-European Union countries, and some shipments to the United States) ("Courier"). Unless otherwise indicated for specific countries, delivery is from Monday to Friday, excluding local or national holidays, after sending the Shipping Confirmation to the Customer, subject to availability. Saturday deliveries may be available if offered by the Courier.
5.3. The Products will be delivered within 2-6 business days after Shipping Confirmation if standard shipment has been chosen, depending on the Customer's shipping address and destination country. ALBERTO CIASCHINI will not be responsible for any unforeseen delays and/or delays caused exclusively by the Courier. Before shipping the Customer's purchases, ALBERTO CIASCHINI may need to confirm the Customer's details with the card issuer. ALBERTO CIASCHINI undertakes to do its best to minimise delays considering that such procedures do not normally take more than 24 hours.
5.4. In the event that the Customer does not receive the Products within seven to ten (7-10) business days from the receipt of the Shipping Confirmation, we recommend that the Customer contacts ALBERTO CIASCHINI and sends an email to email@example.com.
5.5. Items are on pre-order so they will be shipped as soon as they are ready, no later than 14 business days after the order date. The Customer will receive a Shipping Confirmation email as soon as the order has been shipped.
6. RIGHT TO RETURN
6.1. Customers have the right to return their purchase (i.e., withdraw from the purchase agreement) made with ALBERTO CIASCHINI, without any penalty and without specifying the reason, within fourteen (14) days from the date of delivery of the products purchased on the Website. By exercising the right to return, Customers are not allowed to exchange the purchased Product for another Product.
6.2. To exercise the right to return, Customers are required to inform ALBERTO CIASCHINI of their intention to return their purchase (i.e., withdraw from the purchase agreement) by contacting firstname.lastname@example.org. The Customer must return the Products in their original condition.
6.3. Refunds will be issued to the Customer provided that the Products are in the same condition as they were delivered, with the original labels attached, complete with all parts and accessories and the original packaging. If the Customer exercises their right to return all Products included in the same purchase order, all Products must be returned at the same time with the same shipment.
6.4. ALBERTO CIASCHINI reserves the right to check the returned Products and refuse the return of Products that it does not consider to comply with the requirements indicated in Clause 6.3 above.
6.5. A full refund will be issued to the payment card used or the bank account used for the purchase as soon as possible and in any case no later than fourteen (14) days from the date on which ALBERTO CIASCHINI first confirmed receipt of the returned Products sent by the Customer, provided that the conditions set out in Clause 6.3 above have been met. In all cases, ALBERTO CIASCHINI will provide a refund as soon as the Customer has demonstrated that they have dispatched the Product. In the event that the Customer has expressly requested a type of delivery that is more expensive and different from the less expensive delivery method generally used by the seller, ALBERTO CIASCHINI will reimburse the delivery costs only up to the amount that the Customer would have paid if the Customer had accepted the less expensive and generally accepted delivery method proposed by ALBERTO CIASCHINI.
6.6. If the returned Products were purchased as a gift, the refund will be made to the person who made the payment.
6.7. In order to return the Products to ALBERTO CIASCHINI, Customers must contact the Courier to collect the Products they wish to return from their residence or domicile. Additionally, the Customer must obtain a copy of the receipt for the return of the Products duly signed by the Courier and keep it as proof of the return. If the Courier is used to return the Products, all shipping costs, including the costs of returning the Products to ALBERTO CIASCHINI, will be borne by the Customer.
6.8. If the Customer chooses not to use the Courier, ALBERTO CIASCHINI recommends that the Customer insures the full value of the Product to be returned and obtains and carefully keeps the shipping receipt and its number. In this case, the costs of returning the Products will be borne by the Customer and ALBERTO CIASCHINI will not be responsible for reimbursing the price of the Products sent by the Customer that have not been received by ALBERTO CIASCHINI due to loss, theft or damage that are not the fault of ALBERTO CIASCHINI.
The Products must be returned to the following address:
Via Camillo Prampolini 4
MILAN (MI) - 20158, Italy
7. CHANGES AND AMENDMENTS TO THE CONDITIONS OF SALE
7.2. All the amendments and/or corrections indicated above will apply exclusively to purchase orders sent after the date of the amendment or correction applied by ALBERTO CIASCHINI.
8. ORDER CONFORMITY
8.1. The Customer must check the Products at the time of delivery to ensure that they correspond to those ordered.
8.2. The Customer may report directly to the Courier any irregularity identified at the time of delivery, including but not limited to, any tampering with or damage to the packaging, damage to the Products, missing items, non-conforming Products, defective Products, etc. ("Defects"), by writing a comment on the delivery slip provided by the Courier and signing it. In such circumstances, the Customer shall not be obligated to accept the Products and may return them directly to the Courier.
8.3. If any Defects are discovered after delivery, the Customer is entitled to return the Products to ALBERTO CIASCHINI following the procedure indicated in Clause 9.
9. LEGAL WARRANTY FOR NON-CONFORMING PRODUCTS
9.1. The ALBERTO CIASCHINI Products offered for sale are covered by a legal warranty of twenty-four (24) months from the date on which the Customer receives the Products ("Warranty Period"). The abovementioned Warranty Period covers any defect and non-conformity of the Products. Without prejudice to any other remedy under applicable law, if, during the Legal Warranty Period, a Product delivered to the Customer is defective and/or does not conform to the Product ordered ("Defective Product"), the Customer has the right to return the defective Product to ALBERTO CIASCHINI for a full repair at no additional cost within a reasonable period of time from the request; if a full repair is not an available remedy, ALBERTO CIASCHINI may replace the defective Product with a new one within a reasonable period of time from the request. In any event, the Customer loses these rights if they fail to report the non-compliance and/or defect to ALBERTO CIASCHINI within sixty (60) days from the date on which they discovered the defect, on the understanding that the Warranty Period is a maximum of twenty-four (24) months. Furthermore, the Customer may, at their discretion, request an appropriate price reduction or termination of the Sale if one of the following conditions is met:
a) repair and replacement of the defective Product is impossible or excessively expensive;
b) ALBERTO CIASCHINI has not repaired or replaced the defective Product within a reasonable period of time;
c) the replacement or repair previously carried out by ALBERTO CIASCHINI caused significant inconvenience to the Customer.
9.2. Defective Products must be returned for repair in the following manner:
(a) Customers shall inform ALBERTO CIASCHINI of any defect or non-conformity of the Products purchased within the legal warranty period by writing to the following email address: email@example.com. The email must include details of the Product and a description of the defect.
(b) ALBERTO CIASCHINI will arrange with the Courier for the return of the Products. Shipping costs and insurance costs of the Products will be borne by ALBERTO CIASCHINI.
9.3. If the Customer chooses not to use the Courier, ALBERTO CIASCHINI will not be responsible for any loss of the Product.
Defective Products must be returned to the following address:
Via camillo prampolini 4 - 20158, MILAN Italy
9.4. ALBERTO CIASCHINI reserves the right to inspect the returned Products to verify the defect or non-conformity and may return the Products to the Customer if it considers that there is no defect and/or non-conformity.
10. LIABILITY OF ALBERTO CIASCHINI
10.1. The Products offered for sale on the Website are supplied "subject to availability". Without prejudice to the legal warranty set out in Clause 9.1 above, ALBERTO CIASCHINI makes no warranty, condition, undertaking or representation, express or implied, under the agreement or otherwise, as to the condition, performance, satisfactory quality or suitability for a purpose of the Products beyond the Product description included in the purchase order, and all such warranties, conditions, undertakings and representations are excluded to the fullest extent permitted by law.
10.2. Under no circumstances shall ALBERTO CIASCHINI be held liable for damages of any kind, including but not limited to direct, indirect, incidental or consequential damages, which may be sustained by the Customer and arising directly or indirectly from:
the use or inability to use the Website by the Customer;
the Customer's reliance on the information contained on the Website; or errors, service interruptions, deletion, damage or corruption of files and emails, software errors, viruses or defects, delays in operation or transmission, lack of communication, theft, destruction or unauthorised access to data, programmes or services of ALBERTO CIASCHINI.
10.3. Without prejudice to Clauses 10.1 and 10.2, nothing in these Conditions of Sale shall exclude or limit ALBERTO CIASCHINI's liability to the Customer for fraud, death or personal injury caused by negligence, breach of terms under applicable consumer protection legislation or any other liability that cannot be excluded or limited under applicable law.
11. GOVERNING LAW AND JURISDICTION
11.1. These Conditions of Sale are governed in their entirety by Italian law. All disputes relating to the interpretation, performance and application of these Conditions of Sale shall be settled by the court of the place where the Customer, as a consumer, has their residence.
11.2. If any provision of these Conditions of Sale is held to be invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
12.1. If the Customer intends to lodge a complaint or needs information or assistance with regard to the Website or the purchase procedure, they may contact customer service at firstname.lastname@example.org.
Via Camillo Prampolini 4
20158 Milano - ITALY
Certified PEC email: email@example.com
Under Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, ALBERTO CIASCHINI informs the Customer that in the event of a dispute they may lodge a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link http://ec.europa.eu/consumers/odr/. ALBERTO CIASCHINI, however, encourages the Customer to contact customer care directly at the email address firstname.lastname@example.org to settle any issues directly.