General conditions of sale
FOREWORD
The purpose of these general conditions of sale (hereinafter, "General Conditions") is to regulate the purchase of products and services, made at distance and made available, through the internet network, by the site Leathertrend.it (hereinafter, the "Site") in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The consumer who accesses the Site to make purchases (hereinafter, "User") is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be available at all times by the Customer also through the link contained in the confirmation email of each order to allow him to reproduce and store them.
In the event that the person who makes purchases on the Site requires the issuance of an invoice and/or is otherwise not a "consumer or user" as defined in Article 3, paragraph 1, letter a), of the Consumer Code, the rules on withdrawal set out in Article 8 of these General Conditions or more generally, the provisions that under the same Consumer Code apply only to "consumers" shall not apply.
Contracts concluded with LEATHER TREND through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian and English.
1. Owner
The User acknowledges that the owner of the Site is LEATHER TREND Di Michelangelo D'Arienzo based in Via Cioppo San Vito 54 - 83029 Solofra (AV) P.IVA: IT01993790649 - REA: AV-115996, e-mail address assistenzaonline@leathertrend.it and telephone 08251831192.
2. Object
The object of the Site is the distance sale, through telematic tools organized by the Company of LEATHER TREND branded genuine leather clothing and accessories products (hereinafter referred to as "Product/Products" for brevity).
3. Completion of the contract
3.1 Purchase Order
In order to place an order for the purchase of a Product ("Order"), the User must select the Product(s) that he/she intends to purchase in the manner of registering his/her purchase choice that is indicated to him/her on the Site. At the time of selection, moreover the User is made aware of the total price to be paid to the company for the selected Product(s), including the cost relating to any delivery charges and any taxes, the main characteristics of the selected Product(s) and its instructions for use and warnings, the terms of payment, the conditions for withdrawing and the clarification that the completion of the purchase order implies the obligation to pay the price. In order to make the purchase, the User may, at his or her discretion, choose to register on the Site by filling in the appropriate registration form, logging in by entering the username and password indicated during registration, or log in as a "Guest", filling in all the fields indicated therein with his or her identification data, e-mail address, telephone number and delivery address for the Products. The information and personal data provided by Users must be accurate, precise, true and up-to-date, and the User assumes full responsibility for such correctness. Once this step is completed, the User must select the payment method he/she intends to use from those indicated on the Site. Before sending the Order of the Product(s) to the Company, the User has the opportunity to verify the accuracy of the data entered and to modify them, if necessary. In addition the User is required to previously read and accept these General Terms and Conditions of Sale, the conditions of use of the Site and the Privacy policy, which will be accessible through appropriate links. The Company informs the User that the placing of the Order implies the obligation to pay the indicated consideration for the chosen Products.
3.2 Order Confirmation.
The sale and purchase agreement between the Company and the User shall be deemed to be concluded only upon receipt by the User of the order confirmation ("Order Confirmation"). The Order Confirmation contains a summary of the General and Particular Conditions applicable to the existing contract between the parties, information regarding the essential characteristics of the purchased or booked good and detailed indication of the price, the chosen means of payment, the place and costs of delivery as well as other possible charges. In accordance with current regulations, a copy of these General Terms and Conditions will be sent to Users via a link present in the Order Confirmation, so that the User can store it on a computer medium and/or print it out. The contract between the parties shall not be deemed perfected in default of receipt of the Order Confirmation by the User.
4. Delivery of products
4.1 Delivery
In case of Order Confirmation, the Company undertakes to deliver the goods to the address indicated by the User within the terms established by the service of the company selected for the shipment and defined during the online sale. Delivery of the purchased Goods shall be deemed completed upon receipt of the same, by the User, at the shipping address indicated in the Order.
4.2 Inability to deliver
If it is not possible to deliver the Order due to the absence of the User at the place of delivery indicated at the time of the Order, the company, by means of the courier, will leave a notice of storage in which will be specified the place where the package is located and the methods to be used to arrange for its collection. It is understood between the parties that the contract will be terminated if delivery cannot take place for reasons beyond the company's control after 30 days from the date on which your Order is available for delivery. As a result of the termination of the contract, the company will refund to you the amount paid, including delivery costs, without undue delay and, in any event, within 14 days from the date of termination of the contract.
5. Availability of Products and Service
All orders for the Products are subject to the availability of the same and the Company assumes no responsibility for the possible unavailability of the Products. In this sense, in case of supply problems or if there are no items in stock, the company will notify the User by email communication to the address specified by them within the Order, keeping them updated in the event that the Product ordered becomes available again. In such circumstances, the Order will be considered cancelled and the contract terminated: the relationship between the parties will be regulated on the basis of the provisions of the previous art. 4.2, last paragraph. The Company in any case, reserves the right to provide information regarding substitute products of equal or higher quality and value, which the User may decide to order in place of the selected Product. Should the User not wish to make such replacement, all amounts paid will be refunded.
6. Refusal to process an order
The Company reserves the right to remove any Product from the Site at any time and/or to delete and/or modify any material or content thereof. The Company disclaims any liability to the User or to any third party for the removal of any Product from the Site or for the deletion or modification of any material or content on the Site.
7. Passing of risk
The risks related to the Products pass to the User from the moment of their delivery.
8. Size Change
Exchange is possible only for a different size or a different color of the same item, if available or model change if authorized by the company. The Customer must send LEATHER TREND a notice and the size change form within 3 days from the date of receipt of the Products, via email (assistenzaclienti@leathertrend.it). LEATHER TREND's Customer Service will upon receipt of the communication, open a file for the exchange of the goods and communicate to the Customer instructions on how to return the Products.
The exchange is governed by the following conditions:
I. For the exchange to take place correctly, the returned garment must be completely intact within its original packaging, totally intact, by sending the size change form on the site to the email address assistenzaonline@leathertrend.it or via WhatsApp at (+39) 3497967107
II. The Products must be returned in the same box in which they were received, including the unremoved and/or damaged warranty seal.
III. For customers who have not taken advantage of discounts, the first size change is free of charge.
IV. It is not possible to request a change size for items made tailor made or clearly personalized
For all others it has instead a cost of 10 € including vat (payment methods reported on the site). Please note: All returned items are checked by LEATHER TREND in order to meet all the parameters indicated in the terms and conditions of the return policy. Therefore if the returned items are damaged and/or do not comply with the terms and conditions of the return policy, LEATHER TREND will return the purchased Products to the Customer, charging him/her the shipping costs.
9. Returns and refunds
9.1 Right of withdrawal
Pursuant to Art. 52 of Legislative Decree 206/2005, known as the Consumer Code, as amended by Legislative Decree 21/2014, Users have the right to withdraw from the contract without specifying any reason. This right can be exercised within fourteen (14) days from the date of actual receipt of the purchased products, or, in the case of an order of multiple products, from the actual receipt of the last item purchased. The withdrawal can be made through the online procedure or by completing the return form.
Online Return Procedure:
a. Access the "Order History" section of your account.
b. Select the order from which you wish to return an item by clicking on "Details."
c. Select the product(s) you wish to return by checking the box next to the product name(s).
d. Add the quantity to be returned (in case more than one product needs to be returned).
e. (optional) In the "Return Merchandise" section, add an explanation, so the Leather Trend team can better understand why you wish to return the product.
f. Click on "Request a Return."
Alternatively, you can use the return form to be completed and sent by mail to the following address: LEATHER TREND Di M. D'Arienzo, Via Cioppo San Vito 54, 83029 Solofra (AV), or by email to ordini@leathertrend.it
To comply with the above deadline, it is sufficient for the User to send the communication regarding the exercise of the right of withdrawal, as indicated above, before the withdrawal period expires.
9.2 Exclusion of the right of withdrawal
9.2.1 In accordance with Art. 59.1(c) of the Consumer Code, the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized.
9.2.2 In accordance with Art. 59.1, letter e) of the Consumer Code, the right of withdrawal cannot be exercised, for hygienic or health protection reasons, on the company's products if the sealed packaging has been opened after delivery.
9.3. Refund of paid amounts
9.3.1 In case of exercising the right of withdrawal, the company commits to refund the amount received from the User, excluding shipping and delivery/collection costs, within fourteen (14) days from the moment it is informed of the User's decision to withdraw from the contract. Such refunds will be made using the same payment method used by the User for the initial transaction, unless the User explicitly indicates an alternative method in the explicit declaration referred to section 8 of this General Conditions of Sale.
9.3.2 If you paid cash on delivery, during the online return process you can choose between a credit card or bank transfer as the refund method. If you opt for the bank transfer, you will need to provide your bank details (account holder's full name, IBAN, and BIC). If you paid with Scalapay, the first installment will be refunded, and the subsequent installments will be canceled.
9.3.3 The company reserves the right to withhold the refund of the amount paid by the User until the goods are received by the company or until the User provides proof of having sent the goods back to the company, whichever is earlier.
9.4 Product return
In case of exercising the right of withdrawal, the costs incurred by the User for returning the goods will be borne by the Customer, at a cost of €14.00 for items in the clothing/luggage categories and €10.00 for the accessories category. It is understood between the parties that the goods must be returned by the User substantially intact, sealed, without undue delay, and in any case within fourteen (14) days from the date on which the withdrawal was communicated to the company, at its headquarters, as better indicated in Art. 1 above. The term is respected if the User sends the goods back before the fourteen (14) day period expires. The substantial integrity of the products is an essential condition for exercising the right of withdrawal. Therefore, please take care of the products while they are in your possession. Please return the item using or including the original packaging, instructions, and other documents, if present, that accompany the products. In any case, you must return the product together with the delivery note received upon delivery of the product. The return label to be affixed to the return package will be sent via email once the return is accepted. You must print the label and affix it to the package before handing it over to the courier.
Where to send the goods to be returned:
Leather Trend
Via Cioppo San Vito, 54
83029 Solofra (AV) Italy
Tel: +39 0825.1831192
Cell: +39 349.7967107
Email: assistenzaonline@leathertrend.it
Notes:
1. All returned items are inspected by LEATHER TREND to meet all parameters specified in the terms and conditions of the return policy. Therefore, if the returned items are found to be damaged and/or do not comply with the conditions of the return policy, LEATHER TREND will return the purchased products to the Customer, charging the shipping costs to the customer.
2. The right of withdrawal can only be exercised for contracts concluded remotely or negotiated outside business premises (Art. 52 of the Consumer Code), therefore it cannot be exercised for purchases made in-store.
10. Warranty
In accordance with the provisions of Article 128 et seq. of the Consumer Code, the company specifies that the legal warranty applies to the goods offered for sale through the Site. The legal warranty applies when within the term of two years from the delivery of the good, the Product purchased by the User presents a lack of conformity, by which is meant a good (I) not suitable for the use for which goods of the same type are usually used, (II) not conforming to the description made by the company on the Site, (III) lacking the quality and performance usual for goods of the same type, which the User can reasonably expect. If the purchased good has a conformity defect, as better described above, the User must report such defect within the period of two (2) months from the date of its discovery, to the company, at the contact details identified in Article 1. If after carrying out the appropriate checks on the good, the complaint is well-founded, the company shall inform the User that he has the right to obtain, at his choice and unless his decision is not excessively onerous compared to the alternative, without charge, the replacement of the Product. If the replacement of the good is impossible or excessively burdensome for the company, the User may at its option, request a reasonable reduction in price or termination of the contract.
11. Price, payment and billing of the order
11.1 Price
The price to be paid to the Company shall be the price indicated from time to time on the Site, in relation to the Products selected and their characteristics and any other taxes which will be indicated to the User at the time of purchase.
Delivery of the Products will be made by the Company free of charge in Italy and against payment abroad.
Shipping costs are broken down as follows:
- ITALY = FREE OF CHARGE
- EUROPE = € 20 (COUNTRIES WITH IMPORT TAXES THE COST IS TO BE AGREED)
- EXTRA EUROPE = PRICE TO BE AGREED DEPENDING ON THE COUNTRY
11.2 Payment
The Customer may make payment of the price of the Products and related delivery charges by PayPal account, credit card, bank transfer, prepaid cards and any other payment method indicated on the Website. To ensure maximum security, the Customer will make the payment transaction directly on the bank's secure server. The Site does not store the Customer's credit card number, but thanks to the secure communication system of the referring credit institution. The referring credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser. Payment by PayPal once the order has been confirmed, the Customer will be redirected to the PayPal website, where he/she can make the payment with his/her account or by using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with its conditions. Bank transfer: To proceed with the processing of the order you must send a copy of the transfer confirmation to ordini@leathertrend.it within 3 days from the date of the order. If payment does not occur within 3 days the order will be canceled and the goods made available again for purchase by other Customers. The Customer who has not made the transfer may be contacted by Leather Trend Customer Service in order to clarify whether the cause of non-credit is due to the Customer's desire not to confirm the purchase or other causes.
11.3 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the billing information including tax code and/or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later.
12. Changes in the service
The Company reserves the right to amend these General Terms and Conditions of Sale at any time by means of general notices to Users posted on the Site and/or by means of e-mail communications to the User indicating the effective date of such amendments, which shall be at least thirty (30) days later than the date of the communication sent by the Company. Such changes will always and in any case be respectful of the minimum rights recognized to consumers under current legislation. In any case the General Conditions governing the relationship between the parties shall be those provided on the date of completion of the contract, indicated by link in the Order Confirmation e-mail.
13. Limitations of liability
The User is fully responsible for the purchase made on the Site, undertaking to read carefully the instructions and warnings for the use of the Products purchased and to use them in compliance with these conditions. No liability shall arise on the part of the Company for any use of the Products in a manner not in accordance with the instructions for use and/or in general in a manner different from their normal intended use. To the extent permitted by law, the company shall not be liable for any damages, claims, direct or indirect losses arising to Users due to the failure or defective operation of Users' or third parties' electronic equipment. The company shall not be held liable for damages resulting from the failure to provide the services offered on the Site due to the malfunction or failure of the electronic means of communication due to causes beyond the sphere of its foreseeable control, including but not limited to fire, natural disasters, power failure, unavailability of telephone connection lines or other providers of network services, as well as from the actions of other Users or other persons with access to the network.
14. Service suspensions
The Company reserves the right to temporarily suspend, without any prior notice, the provision of the service of buying and selling Products for the time strictly necessary for the technical interventions necessary and/or appropriate to improve its quality (hereinafter, for brevity, "Service"). The Company may at any time discontinue the provision of such Service if justified security reasons or breaches of confidentiality arise, in which case it shall notify the Users.
15. Applicable law and jurisdiction
15.1 These general conditions are governed by Italian law.
15.2 For any dispute concerning these General Conditions, pursuant to Article 66-bis of Legislative Decree 206/2005, the Judge of the place of residence or domicile of the User shall have jurisdiction, if located in the Italian territory; in all other cases the territorial jurisdiction is exclusively that of the Court of Avellino, any other jurisdiction excluded.
16. Communications and complaints
All communications prescribed by these General Conditions, including any complaints, shall be sent without special formalities and also by e-mail to: - The Company at the address and/or contact details indicated in paragraph 1 above; - User, at the residence or domicile, fax or e-mail address communicated at the time of registration with the Site or subsequently modified and communicated to the Site at the above address.
17. Confidentiality of personal data
The processing of Users' personal data will be carried out in compliance with the provisions of Legislative Decree No. 196/2003 on the protection of personal data ("Privacy Code"), and subsequent additions and amendments, as better specified in the privacy policy available in the appropriate section of the Site.
18. Force majeure
The Company shall in no way be liable for failures or delays in the performance of any of its obligations under the contract caused by events beyond its reasonable control ("Force Majeure Events"). Force Majeure Events means any act, event, failure to occur, omission, or accident beyond its reasonable control; this expression includes but is not limited to the following: - strikes, lockouts, or other labor unrest; - riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared and undeclared), or threats of war; - fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters; - inability to use railways, shipping by sea, air, motor transport, or other means of public or private transportation; - inability to use public or private telecommunications networks; - acts, decrees, laws, regulations, or restrictions of any government; - any strike, disaster, or accident by sea, mail, or other relevant means of transportation. It is understood that performance of the obligations under the contract will remain suspended for the duration of the Force Majeure Events. Under such circumstances, the company may enjoy an extension for the performance of the contract equal to the duration of such period. It is understood that even in the pendency of Force Majeure Events, the company will endeavor to find a solution by which to fulfill its contractual obligations.
19. Partial nullity
Should any article of the General Terms and Conditions of Sale, or any part thereof, be held invalid, unlawful, or unenforceable by the competent authority, such article, clause, or provision shall be deemed not to have been affixed while the other articles, clauses, and provisions shall remain valid to the fullest extent permitted by law.
20. Integrity of the contract
These General Terms and Conditions of Sale, as well as any document expressly referred to in them, represent the entire agreement between the User and the company regarding the subject matter of the contract and supersede any previous agreement, understanding or covenant between the same parties, whether oral or written. The User and the company, in entering into the contract, acknowledge that they have not relied on any representation, undertaking or promise made by the other party, or inferable from anything said or written during negotiations prior to the contract, but only on what is expressly stated in these Terms and Conditions.
21. Resolution of disputes
The company that owns the Site informs Users that they may resolve any dispute that has arisen regarding the correct application of this contract, including but not limited to disputes relating to the validity, non-performance, in whole or in part, of the services placed at the company's charge and/or the termination of the contract, by means of a telematic procedure (online dispute resolution procedure - "ODR Procedure"), which can be activated by accessing the online platform made available by the European Commission at the following link http://ec. europa.eu/consumers/odr. This is without prejudice, in any case, to the possibility for the Parties to resolve disputes between them before the competent judicial authorities or using other ADR procedure ("Alternative Dispute Resolution").