Conditions of Sale

1. Introduction

 

1.1. The sale of “TELERIE SPADARI MILANO” brand products concluded at a distance through this site (hereinafter referred to as the “Web Site”) is governed by the following General Conditions of Sale.

The products offered on the Site are sold directly by Telerie Spadari Milano S.r.l. (hereinafter referred to as “Telerie Spadari”). Telerie Spadari is a company under Italian law, with registered office at Via Spadari, 13, – 20123 Milan (MI) – Italy, VAT number, tax identification number and registration number with the Milan Register of Companies 01072880154, REA no. 311097 MI.

 

1.2. The use of the remote sales service governed by these General Sales Conditions is reserved solely for consumers (hereinafter referred to as “Customer” or, in the plural, “Customers”) understood as natural persons acting for purposes that are not related to their own commercial, entrepreneurial, craft or professional activity that they may carry out, and that are over the age of 18 (or, if underage, authorised by their legal representative).

The resale or transfer for any commercial or professional purpose of products purchased on the Website is expressly prohibited.

 

1.3. The products offered for sale on the Website may only be delivered in Italy, excluding the municipalities of Livigno and Campione d’Italia, and in the countries of the European Union, the Swiss Confederation and the United Kingdom.

 

1.4. The languages used for the conclusion of the sales contract through this Website are: Italian and English.

 

1.5. These General Terms and Conditions of Sale are published on the Website in order to allow them to be known and stored and reproduced by the Customer in accordance with the regulations in force.

 

1.6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.

Telerie Spadari reserves the right to make changes and/or additions to these General Conditions of Sale at any time.

Any amendments and/or additions will only be effective in relation to purchases made after the date of publication of the new version of the General Terms and Conditions of Sale.

The substitution of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and the unenforceability as against Telerie Spadari of these General Conditions of Sale in relation to purchases made after their removal from the Web Site, even if these General Conditions of Sale are in any case consultable and/or accessible to the public through other Internet sites, other than the one indicated above.

 

 

2. Availability of products

 

2.1. The Customer takes due note of the fact that the products offered by Telerie Spadari on the Web Site (hereinafter referred to as the “Products”) are limited in number and is therefore aware that Telerie Spadari will have to check their availability at the moment of purchase.

 

2.2. There may occasionally be inconveniences in relation to the availability of certain Products. In such circumstances, Telerie Spadari will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of the order.

In the event of only partial availability, the Customer will be informed. Therefore, the Customer agrees to receive only those Products that are available.

 

2.3. Telerie Spadari reserves the right to vary the articles offered for sale on the Web Site at any time, without prior notice.

 

 

3. Purchasing procedure

 

3.1. Each Product offered for sale on the Website can be viewed by means of a special link that allows you to view photographs of the item, the price, the colours and the different sizes (if any).

 

3.2. The Customer can purchase one or more Products, for a maximum of 3 units for each Product, without prejudice to what may be foreseen for certain types of Products. Telerie Spadari reserves the right to modify the limits on the quantity of Products that can be purchased through the Web Site at any time.

 

3.3. The Products chosen by the Customer will be placed in a special section (hereinafter referred to as the “Shopping Basket”).

The names of the Products, including the measurements or sizes (if any), together with a photographic image in digital format, allowing a correct representation of the Products, will be included in the Customer’s Shopping Basket.

 

3.4. Although Telerie Spadari constantly adopts measures aimed at ensuring that the photographs shown on the Web Site faithfully reproduce the original products, some variations are always possible due to the technical characteristics and colour resolution of the device used by the Customer. Consequently, Telerie Spadari will not be responsible for any inadequacy of the graphic representations of the Products shown on the Web Site if this is due to the above-mentioned technical reasons.

 

3.5. To view the selected Products and the total price of the purchase order, you have to access the Shopping Basket page.

The Customer, before checking out, is required to verify the accuracy of the contents of the Shopping Basket and to complete the purchase form, entering his details and the correct shipping and billing information, according to the instructions provided on the Website.

 

3.6. The purchase procedure is concluded when the Customer checks out.

After Check Out, the content of the purchase can no longer be changed by the Customer.

 

3.7. At the end of the purchase procedure, the Customer should save or print the General Terms and Conditions of Sale.

 

3.8. The purchase procedure must be completed in full; otherwise, the Order cannot be sent to Telerie Spadari.

 

3.9. Each Order and the Customer’s data necessary for the purchase will be archived by Telerie Spadari for the period of time and in compliance with the conditions provided for by the regulations in force.

Any use of data for purposes other than purchase will be subject to the prior express consent of the Customer, based on the conditions specified in the “Privacy Policy” published on the Website.

 

3.10. Customers who have registered in the private area of the Website may check the status of their order by accessing this area and entering the page relating to their orders.

 

3.11. The Customer is aware that he/she is responsible for the correctness and truthfulness of all the data entered on the Website or in any case used during the purchase process.

 

 

 

4. Completion of the contract

 

4.1. The Customer’s order will only be taken up by Telerie Spadari if the entire purchase procedure has been duly completed, without any error being flagged by the Web Site.

After placing the order, the Customer will receive an email at the address indicated on the purchase form, containing confirmation and a summary of the conditions of the purchase, such as: the description of the Product and its main characteristics, the total price of the order, including any shipping costs charged to the customer, the address for filing any complaints, information on after-sales services, the existence of the right of withdrawal and how to exercise it.

 

4.2. The contract stipulated between Telerie Spadari and the Customer must be considered concluded at the moment the Customer checks out.

 

4.3. Telerie Spadari reserves the right not to accept the Order issued by a Customer in the following cases:

1. non-availability of the Products included in the Order;
2. the existence of a legal dispute between Telerie Spadari and the Customer relating to a previous order;
3. if the Customer has on previous occasions committed violations of the General Terms and Conditions of Sale or failed to fulfil its obligations;
4. if it transpires that the Customer purchases the Products with a view to reselling or transferring them for commercial or professional purposes;
5. if the Customer has been involved in or is suspected of illegal or fraudulent activities.

 

In the above cases, Telerie Spadari will inform the Customer by e-mail, within 30 (thirty) days from the date of effective receipt of the Order, of the possible cancellation of the orders received. In this case, no Order will be considered accepted by Telerie Spadari and no contract will be considered concluded between Telerie Spadari and the Customer.

 

 

5. Price and method of payment

 

5.1. The prices of all Products offered for sale on the Website include VAT.

 

5.2. These prices shall be shown in Euros (EUR).

 

5.3. The total amount of the price shown in the Shopping Basket includes any shipping costs borne by the Customer, which will be indicated separately.

In any case, Telerie Spadari shall request the Customer’s express consent for any additional costs.

 

5.4. The Customer will be charged the prices published on the Website and shown on the Shopping Basket at the time of the order by selection of the Check Out button by the Customer, provided that the Products ordered are available at that time.

Telerie Spadari reserves the right to modify the prices of the Products offered for sale on the Web Site at any time and without prior notice.

 

5.5. Telerie Spadari only accepts credit cards and the other methods of payment expressly indicated on the Web Site.

 

5.6. For the purposes of payment by credit card, the Customer confirms and guarantees that he/she is the owner of the credit card used for the purchase and that all the data relating to it, entered during the purchase phase, is correct, such as: the number, the expiry date and, if necessary, the security code.

The transaction will only be charged to the Customer after:

(i) verification of the credit card data, (ii) receipt of the debit authorization from the company issuing the credit card used by the Customer and (iii) confirmation of the availability of the product by Telerie Spadari and in any case after the order is ready to be carried out.

 

5.7. For the purpose of payment via other payment service providers, the Customer confirms and guarantees that he is the holder of the account used for the purchase.

 

5.8. The Products purchased will be shipped only after the payment of the amount due by the Customer has been successfully completed.

If, for any reason, it proves impossible to debit the amounts due by the Customer, the sale process will be automatically cancelled and the sale cancelled, as will be indicated in the notification that will be sent to the Customer.

 

5.9. In the event of one or more Products not being available and the Customer has decided not to cancel the order in full, only the price and any shipping costs of the Products available will be charged.

 

6. Delivery

 

6.1. For security reasons, Telerie Spadari will not process any order addressed to a P.O. box nor will it accept any order in which it is not possible to identify the physical person to whom the order is addressed and his address.

 

6.2. The Products sold on the Website can only be delivered to the countries indicated above (article 1.3). Therefore, any Order Proposals with shipments to be made outside of these countries will be automatically rejected during the order processing procedure.

 

6.3. In cases where the Customer is charged shipping costs, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the Customer selecting the Purchase Button.

 

6.4. In accordance with the regulations in force, the maximum term within which Telerie Spadari must provide for the delivery of the Products purchased is 30 (thirty) days from the date of conclusion of the contract, with the exception of events of force majeure.

 

6.5. If Telerie Spadari does not deliver the Products ordered within the above term, the Customer must ask Telerie Spadari to make the delivery within an additional term appropriate to the circumstances, in accordance with the regulations in force.

The Customer shall have the right to terminate the contract immediately if the ordered Product is not delivered within the additional period of time indicated.

 

6.6. Telerie Spadari’s Customer Service will provide assistance for any possible problem regarding the delivery. The Customer can contact Telerie Spadari’s Customer Service by e-mail at the following address: customerservice@teleriespadari.com.

 

6.7. The Customer shall bear the risk of loss of or damage to the Products only when the Customer, or a third party designated by the Customer other than the haulier, takes physical possession of the Products.

If, on the other hand, the loss or damage of the Product occurs before the material delivery to the Customer or to a third party designated by him, Telerie Spadari will refund the Customer the amounts already paid.

 

 

7. Product compliance

 

7.1. At the time of delivery, the Products shall be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present production defects or lack of compliance. The legal warranties provided for by current legislation are applicable to the sale of the Products.

 

7.2. The Customer undertakes to observe the operating and maintenance instructions indicated on the product labels.

 

7.3. In the event of the presence of defects or lack of compliance with the order, the Customer shall be entitled to have the Product replaced.

If one of the hypotheses foreseen by the law applies, the Customer may request the termination of the contract and the consequent reimbursement of the price paid. It is understood that the Customer loses this right if he does not report the defects or lack of conformity to Telerie Spadari within 2 (two) months from the date on which he discovered the defect. The action aimed at asserting the defects or lack of compliance is prescribed within 26 (twenty-six) months from delivery of the Product.

 

Exclusively with specific reference to France, Telerie Spadari is liable for the non-conformity of the Products under this contract (Articles 217-4 to 217-16 of the French Consumer Code) and for any hidden defects under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In addition, the product conformity guarantees provided for by law shall apply in all cases regardless of conventional commercial guarantees. The Customer may decide to invoke the guarantee for latent defects in accordance with Article 1641 of the French Civil Code. In this case, the Customer may choose between termination of the sale or a reduction in the sales price in accordance with Article 1644 of the French Civil Code.

 

Nothing in this Clause 7.3 shall prejudice the application of mandatory rules that are more favourable to the Customer under local consumer protection legislation.

 

7.4. In order to report the presence of flaws and defects in the Products and obtain one of the remedies listed above, the Customer may contact Telerie Spadari at the addresses indicated in article 12 below.

 

 

8. Returns and refunds – Withdrawal

 

8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery or collection of the Products, except in the case of Customised Products. In the case of split orders, this term begins on the day of delivery or collection of the last Product.

 

8.2. For the exercise of the right of withdrawal, the Customer may use the specific form that he or she will find in the “Return” section of the Website. To this end, the Customer must: (i) complete the on-line form with the required information, (ii) activate a request for collection from the courier designated by Telerie Spadari by sending an e-mail to customerservice@teleriespadari.com specifying the address, telephone number and the date chosen for collection of the package, to be confirmed with the courier.

8.3. If the Customer follows the procedure described above, the courier appointed by Telerie Spadari will collect the package containing the returned Products without any charge to the Customer.

If the Customer does not follow this procedure, the costs of return and any liability for loss, theft, damage or delay in delivery shall remain the responsibility of the Customer.

 

8.4 The Customer may also retrieve the address to which the Products must be returned by contacting Telerie Spadari at the following e-mail address: customerservice@teleriespadari.com.

 

8.5. The Customer undertakes to return the Products for which he has exercised his right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract to Telerie Spadari.

 

8.6 The Products must be returned in the same condition in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, have never been used, worn or damaged in any way, and that they are returned in their original packaging, with all the labels with which they were received. The return of the Product will not be accepted if the original label has been removed, broken or tampered with.

Telerie Spadari reserves the right to refuse the return of those Products which are damaged, deteriorated, dirty or are in such a state as to leave an unequivocal indication that they have been used for purposes other than the Customer’s checks strictly necessary to ascertain the nature and characteristics of the Product purchased.

In the event of refusal to return the goods, Telerie Spadari will send a specific notification of the fact to the Customer and will not proceed to re-credit the price paid by the same, reserving the right to request compensation for any damage attributable to the Customer’s conduct.

 

8.7 The reimbursement of the price of the returned Products will be made by Telerie Spadari without undue delay and in any case within 14 (fourteen) days from the date on which Telerie Spadari became aware of the Customer’s exercise of the right of withdrawal.

Telerie Spadari in any case reserves the right to withhold reimbursement until it has received and verified the Product or until the Customer demonstrates that he has returned the product correctly and in undamaged condition, whichever is sooner.

The aforementioned refund will be made by crediting the amount paid by the Customer to the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any costs as a result of the refund.

Telerie Spadari will confirm to the Customer by e-mail that the price has been refunded.

 

8.8. Telerie Spadari will not be obliged to reimburse the costs of delivery of the Products if the Customer has expressly chosen a type of delivery different from the standard one offered by Telerie Spadari.

 

8.9. The return of Products pursuant to this article is only permitted in relation to purchases made on the Website.

 

 

9. Limitation of liability

 

9.1. With the exception of cases of fraud or gross negligence, Telerie Spadari will not be responsible in any way towards the Customer for indirect or consequential damage that the latter may suffer from the purchase of Products offered for sale on the Web Site.

 

 

10. Product authenticity and intellectual property rights

 

10.1. Telerie Spadari guarantees the authenticity and high quality of all the Products offered for sale on the Web Site.

 

10.2. The trademark “TELERIE SPADARI MILANO”, as well as all the figurative and non-figurative trademarks and more in general all the other trademarks, illustrations, images and logos present on the “TELERIE SPADARI MILANO” products, on the relative accessories and/or packaging, whether registered or not, are and remain the exclusive property of Telerie Spadari Milano S.r.l.. The total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for whatever reason and on whatever support, are absolutely forbidden.

 

11. Retention of the Contract

 

11.1. Exclusively with specific reference to France, in accordance with the applicable local legislation, Telerie Spadari will keep and archive on any medium, for a period of 10 years, all contracts concluded with the Customer with a value of EUR 120 or more and the Customer will be entitled to access them at any time. The right of access may be exercised at any time at customerservice@teleriespadari.com.

 

 

12. Disputes

 

12.1. These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, without prejudice to any other mandatory rule, more favourable to the Customer, applicable in the Customer’s country of habitual residence.

 

12.2. In the event of a dispute arising from the interpretation and/or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and binding jurisdiction. If the Customer’s domicile or residence is located in a territory other than the Italian State, the Customer may refer the dispute to the Court of his place of residence or domicile or to the Court of Milan, where Telerie Spadari Milano S.r.l. has its registered office, at his discretion.

Alternatively, in accordance with Article 14 of EU Regulation 524/2013/EU, the Client may initiate one of the out-of-court dispute settlement procedures provided for by the legislation in force. To this end, the Customer may use the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr, or:

• in Bulgaria, an Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission http://www.ecc.bg/;
• in Estonia, the Estonian Consumer Protection Board, Pronksi 12, 10117 Tallinn, info@tarbijakaitseamet.ee;
• in Latvia, the Consumer Rights Protection Centre (Brīvības iela 55, Centra rajons, Rīga, LV-1010, ptac.gov.lv/en);
• in Lithuania, the State Authority for the Protection of Consumer Rights, Vilnius g.25, 01402 Vilnius, www.vvtat.lt; and
• in Slovakia, pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended;
• in Finland, Customers may opt for the dispute resolution procedure of the “Finnish Consumer Disputes Board”. Further information is available at kuluttajariita.fi/en/index.html (the Customer should however first contact the “Consumer Advisory Services” at https://www.kkv.fi/en/consumer-advice/);
• in France, the Customers may request, free of charge, the use of the consumer mediation service in order to amicably resolve any dispute relating to these General Terms and Conditions of Sale. The Customers may contact the mediation service provided by the Fédération du e-commerce et de la vente à distance (“FEVAD”) at the following address: http://www.mediateurfevad.fr/.

 

The right to use the mediation service constitutes an alternative procedure but not a precondition for exercising the right to bring an action before the court, as provided for in Article 12.2 above.

 

 

13. Contacts

 

13.1. For any complaint, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and/or clarification with regard to what is set out in these General Sales Conditions, Customers may send an e-mail to the following address: customerservice@teleriespadari.com.