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General conditions of Sale

GENERAL PROVISIONS

These conditions are valid only between the company Chiara Firenze Srl, with registered office in Via del Lavoro 2a Montelupo Fiorentino (FI), REA FI-656772, VAT number 06788070487, hereinafter referred to as ” COMPANY ” and any person who makes purchases online on the website www.chiarafirenzeit.local hereinafter referred to as ” CUSTOMER ”. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.

These conditions govern purchases made on the website www.chiarafirenzeit.local, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 on electronic commerce.

ARTICLE 1 – OBJECT OF THE CONTRACT

With these general conditions of sale, the COMPANY sells and the CUSTOMER remotely purchases the tangible movable property indicated and offered for sale on the website www.chiarafirenzeit.local. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at the address www.chiarafirenzeit.local and the creation of a purchase order according to the procedure provided by the site itself.

The customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by the COMPANY, before proceeding to confirm his order, and to accept them by affixing a flag in the indicated box.

In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF Legislative Decree 206/2005

Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER’s choice.

Before validating the order with “payment obligation”, the CUSTOMER is informed about:

– total price of the goods including taxes, with details of shipping costs and any other costs;

– terms of payment;

– the deadline within which the COMPANY undertakes to deliver the goods;

– conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the model withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014;

– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;

– existence of the legal guarantee of conformity for the purchased goods; – after-sales assistance conditions and commercial guarantees provided by the COMPANY.

The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to the COMPANY, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:

Via Urbania, 5 – 50056 Montelupo Fiorentino (FI)

0571/541622
customercare@chiarafirenze.com

ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The sales contract is considered concluded with the sending by the COMPANY to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive the copy of the present conditions.

The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly notify the COMPANY of any corrections / changes to be made.

The COMPANY undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product depicted on the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.chiarafirenzeit.local do not constitute a contractual element, as they are to be considered only representative.

The COMPANY undertakes to deliver the goods within 30 days from the sending by the COMPANY of the order confirmation e-mail to the CUSTOMER.

ARTICLE 4 – AVAILABILITY OF PRODUCTS

The availability of the products refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative as:

– the products could be sold to other CUSTOMERS before confirming the order, due to the simultaneous presence on the site of multiple users,

– an IT anomaly could occur such as to make a product available for purchase that in reality is not.

Even after sending the order confirmation e-mail sent by the COMPANY, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the product or products not available and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of reimbursement of any sums paid.

ARTICLE 5 – METHOD OF PAYMENT

Any payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.chiarafirenzeit.local, by bank transfer, with the Paypal payment method.

In case of payment with Paypal, the actual charge will take place when the COMPANY sends the order confirmation e-mail.

The communications relating to the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines.

ARTICLE 6 – PRICES

All sales prices of the products indicated on the website www.chiarafirenzeit.local are expressed in Euro and include VAT, and where applicable, the WEEE contribution.

Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.

The CUSTOMER accepts the right of the company to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by the COMPANY to CUSTOMER.

In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by the COMPANY, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.

The COMPANY decides to extend this term from 14 to 30 days. It will therefore be possible for the CUSTOMER to withdraw from the purchase contract up to 30 days. subsequent to the day of receipt of the products purchased online. In case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 30 days. starts from the date of receipt of the last product.

The CUSTOMER who intends to exercise the right of withdrawal must notify the COMPANY by means of an explicit declaration, which may be sent by registered letter with return receipt. or by sending an email to customercare@chiarafirenze.com

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the COMPANY will refund the amount of the products subject to withdrawal within a maximum period of 14 days.

As for the return of the product subject to withdrawal, the COMPANY assures its customers the possibility of using a carrier that has an agreement with the same. In the event that the customer decides to use this service, the shipping costs (except those relating to telephone reservations) will be borne by the COMPANY (Article 56 paragraph 1 of Legislative Decree 206/2005). On the other hand, in the event that the customer intends to use another carrier or another means of shipping, all costs will be borne by him (art 56 co. 2 legislative decree 206/2005).

As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the COMPANY may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to the COMPANY .

The COMPANY will make the refund using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide the COMPANY, by accessing the contact us section, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement, by the ‘AGENCY.

ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY

In case of receipt of defective products or in any case non-compliant with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product.

ARTICLE 9 – COMMERCIAL WARRANTY

All the products presented on the website www.chiarafirenzeit.local benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product sheets of the articles.

ARTICLE 10 – METHOD OF DELIVERY

The COMPANY will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation email sent by the COMPANY.

For each order placed on the website www.chiarafirenzeit.local, the COMPANY issues confirmation of the goods shipped. If the CUSTOMER needs an invoice, he can request it at the time of the order by specifying it in the Notes field with the relevant data necessary for billing.
After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.

ARTICLE 11 – LIABILITY

The COMPANY assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.

ARTICLE 12 – ACCESS TO THE SITE

The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of the COMPANY and are protected by intellectual property rights.

ARTICLE 13 – INTEGRALITY

These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 15 – APPLICABLE LAW AND JURISDICTION

These General Conditions of Sale are subject to Italian law.

Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the CUSTOMER’s place of residence or domicile, if located in the territory of the State.

In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https: // webgate.ec.europa.eu/odr

General conditions of sale updated on 11/28/2019.