Terms of service
These general conditions of sale (hereinafter, " General Conditions ") have as their object the discipline of the purchase of tangible movable goods and services (hereinafter, the " Products ") carried out remotely, via the internet, from the site www.l-2105.com (hereinafter, the " Site ") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, " Consumer Code "). p>
The Products are made available and offered for sale by ELLE2105 Srls, based in Viale Giuseppe Mazzini 157, 00195 Rome, Italy, VAT number 15719541003 (hereinafter the " Supplier "), address of e-mail / certified e-mail: email@example.com .
The consumer who accesses the Site is required, before making purchases, to carefully read these General Conditions, which have been made available to him on the Site.
Contracts concluded with Elle2105 S.r.l.s . through the Site are governed by these General Conditions in compliance with Italian law.
1.1. The expression " online sales contract " means the sales contract relating to the Supplier's Products, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier.
1.2. The expression " Buyer " means the consumer who is a natural person who purchases the Products.
1.3. The expression " Supplier " means the person indicated in the epigraph or the person providing the information services.
- Object of the contract
With the conclusion of the contract, respectively, the Supplier sells and the Purchaser remotely purchases the Products indicated and offered for sale on the Site via telematic tools.
- How to stipulate the contract
The contract between the Supplier and the Buyer is concluded exclusively through the internet by accessing the Buyer at the address www.l -2105.com , where, following the indicated procedures, the Buyer must complete and send the order form in electronic format. The Purchaser must add the Product to the "Cart" and, after having read these General Conditions and confirmed their acceptance, must enter the shipping data, select the desired payment method and confirm the order, which will have the value of contract proposal.
- Conclusion and effectiveness of the contract
4.1. The purchase contract between the Supplier and the Buyer is concluded with the acceptance of the order by the Supplier. This acceptance is communicated to the Buyer by sending a printable order confirmation email containing the order number, the list of Products ordered as well as the details of the purchaser, the price of the Product purchased, the shipping costs, methods and terms of payment, the address where the Product will be delivered, the delivery times, the information on the right of withdrawal and the cases in which the latter is excluded.
4.2. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
4.3. After checking the order confirmation email, if the Buyer identifies errors in the order, he must communicate such errors within six (6) hours after receiving the email. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Buyer's rights referred to in point 14.
- Product Information
5.1. The information and descriptions relating to the Products are available on the Site and are provided prior to the conclusion of the purchase. All purchase support information is intended as simple general information material.
5.2. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
- Methods of payment and refund
6.1. The Buyer must pay by bank transfer, credit card (Visa, Mastercard, Visa Electron and / or other similar cards), prepaid cards and PayPal system
6.2. Any reimbursement to the Buyer will be credited through the same method used for the purchase by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, within the terms set out in the following art. 14.4 ..
6.3 . Elle2105 S.r.l.s. makes use of the highest security measures commercially available in the industry. Furthermore, the payment process takes place on a secure server that uses the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of encrypted information using 128-bit algorithms, which ensure that they are intelligible only to the computer of the Purchaser and that of the Site. In this way, using the SSL protocol it is guaranteed: < / p>
(i) that the Purchaser is communicating their data to the Supplier's central server and to no one else.
(ii) that the data is transmitted in encrypted form between the Buyer and the Supplier's central server, avoiding any possible reading or manipulation by third parties. Furthermore, Elle2105 s.r.l.s .. declares that it does not have access to and does not record sensitive data relating to the payment method used by the Buyer. Only the entity that processes the payment has access to this data, for the purpose of managing payments and collections.
6.4. If the Buyer is a professional, during the purchase procedure he must indicate that he is requesting an invoice and enter the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for correctly entering billing information.
- Delivery times and methods
7.1. Shipping methods, times and costs are clearly indicated during the purchase procedure.
7.2. The Supplier will deliver the Products purchased on the Site to the address indicated by the Purchaser during the purchase process by express courier (hereinafter "Courier"). Elle2105 s.r.l.s. will not be responsible for unforeseeable delays or those not attributable to it.
7.3. Once the Products have been shipped, the Buyer will receive a confirmation email which will include a link to refer to for tracking the shipment.
7.4. In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 14 (fourteen) working days starting from the day following that in which Elle2105 s.r.l.s. confirmed the order to the Buyer via a specific order confirmation email.
7.5. At the time of delivery, the Buyer is required to check:
- that the packaging is intact, neither damaged, nor wet, or otherwise altered;
- that the number of packages corresponds to what is indicated in the transport document.
Any damage to the Product or to the packaging or the mismatch in the information must be immediately reported to the courier by putting "written control reserve" on the courier's proof of delivery. Once the courier's document has been signed, the Purchaser will not be able to make any objection about the external characteristics of what was delivered.
7.6. In case of non-collection within 5 working days of the material present in storage at the courier's warehouses due to repeated impossibility of delivery to the address indicated by the Purchaser at the time of the order, the order will be canceled due to the fact and fault of the Buyer and the price withheld anyway.
8.1. All sales prices of the Products displayed and indicated on the Site are expressed in Euros.
8.2. The sale prices, referred to in the previous point, include VAT and any other tax unless otherwise indicated by the Supplier. Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the Buyer.
- Product Availability
9.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. Since these are made-to-measure products, the Supplier does not have any stock of Products in stock and therefore each order is processed according to the delivery times and methods referred to in Article 7.
9.2. The Supplier's computer system confirms the successful registration of the order as soon as possible by sending the Buyer a confirmation by e-mail, pursuant to point 4.1.
10.1. The Supplier assumes no responsibility for disservices attributable to force majeure, if it fails to execute the order within the time stipulated in the contract.
10.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
10.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to the full refund of the price paid and any charges. supported accessories.
10.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the Products purchased, if he proves that he has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
- Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
11.1. Pursuant to art. 116 of the Consumer Code, the Supplier is responsible for the damage caused by defects in the Product sold if he fails to communicate to the injured party, within 3 (three) months from the request, the identity and address of the manufacturer or of the person who provided the good.
11.2. The aforementioned request, by the injured party, must be made in writing and must indicate the Product that caused the damage and the date of purchase; it must also contain the offer in view of the Product, if it still exists.
11.3. The Supplier cannot be held responsible for the consequences deriving from a defective Product if the defect is due to the conformity of the Product to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer has put the Product into circulation, it did not yet allow to consider the Product as defective.
11.4. No compensation will be due if the injured party was aware of the Product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
11.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
11.6. Damage to property referred to in art. 123 of the Consumer Code will be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
- Guarantees and methods of assistance
12.1. All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers.
12.2. Without prejudice to the normal process of deterioration of the Products and / or specific indications relating thereto, the Supplier is liable for any lack of conformity that occurs within two years of delivery of the Product.
12.3. Without prejudice to the provisions of paragraph 12.2 above:
12.3.1. in the event of lack of conformity of Products sold by the Supplier, the Purchaser must immediately contact Elle2105 s.r.l.s. by phone or by sending an e-mail to the addresses indicated in the "contacts" tab;
12.3.2. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Purchaser has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or to terminate the contract; p >
12.3.3. The Purchaser loses these rights if he does not report the lack of conformity to the Supplier within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this shortened term.
12.4. Products repaired, modified or in any way altered by the Buyer are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any faults or malfunctions or other defects caused by accidental events or by the responsibility of the Buyer or by a use of the Product that does not conform to its intended use and / or to the provisions in the technical documentation attached to the Product, if any, or in the instructions for use relating to the same.
12.5. The warranty is personal and will therefore only apply to the original Purchaser.
- Obligations of the Buyer
13.1. The Buyer agrees to pay the price of the purchased Product within the times and methods indicated in the contract. 13.2. Once the online purchase procedure has been completed and the confirmation e-mail has been received, the Buyer undertakes to print and store it.
13.3. The Buyer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General and Payment Conditions.
- Right of withdrawal
14.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, alternatively, (i) proceeding, upon delivery to the previously confirmed shipping address, to the direct and immediate return of the Product to the Courier - and this without any obligation to communicate this will to the Supplier with prior written communication (registered letter with return receipt) - or (ii) within the term of 14 (fourteen) working days, starting from the day of receipt of the Product purchased.
14.2. If the Purchaser decides to exercise the right of withdrawal under 14.1 (ii), he must notify the Supplier using the withdrawal form [click here to download the form for exercising the right of withdrawal ] to be sent by registered letter with return receipt to the address of Elle2105 srls (via Rodolfo Farneti 11 20129 Milan Italy) or by certified e-mail to the address firstname.lastname@example.org.
14.3. In the latter case, once this communication has been received, the Supplier will communicate to the Buyer the instructions on how to return the Products.
14.4 The right of withdrawal is governed by the following conditions.
- a) In case of exercise of the right of withdrawal, Elle2105 s.r.l.s. will refund the Buyer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Elle2105 s.r.l.s. to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Buyer.
- b) The shipping costs for returning the Products are charged to the Buyer.
- c) The shipment, until the certificate of receipt in the Supplier's warehouse is received, is under the complete responsibility of the Buyer.
- d) Elle2105 s.r.l.s. is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
- e) In case of damage to the Product during transport, Elle2105 s.r.l.s. will notify the Buyer of the incident (within 5 working days), to allow him to file a complaint against the courier and obtain any refund. In this case, the Product will be made available to the Buyer for its return at the same time canceling the request for withdrawal.
- f) The right of withdrawal is totally lost, due to lack of the essential integrity of the Product (packaging and / or its contents), in cases where Elle2105 s.r.l.s. make sure:
- The lack of the external packaging and / or the wrapping containing the purchased Product;
- Damage to the Product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, Elle2105 s.r.l.s. will return the purchased Product to the sender, charging the shipping costs to the sender.
14.5. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
14.6. The right of withdrawal is not applicable to customized products. Customized Products means Products made through the "Out of Measure" service as well as Products to which personalized writings have been affixed.
- Errors and Limitations of Liability
15.1. The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which therefore Elle2105 s.r.l.s. cannot be considered responsible, except in the case of willful misconduct or gross negligence.
15.2. Elle2105 s.r.l.s. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Buyer's rights under these General Conditions and of the Consumer Code.
15.3. Except for willful misconduct or gross negligence, any right of the Buyer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance or evasion, partial, of an order.
15.4. Elle2105 s.r.l.s. is not liable in the event of damage, of any kind, deriving from the use of the Products improperly and / or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
- Causes for resolution
The obligations referred to in point 13.1, assumed by the Purchaser, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of law of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.
- Intellectual and industrial property rights
Elle2105 s.r.l.s. informs that the Site, as well as all trademarks and distinctive signs used by it in relation to the sale of the Products, as well as the images represented on the Products themselves are protected by the applicable intellectual and industrial property rights and that any type of reproduction is prohibited, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, of the trademarks and distinctive signs used by Elle2105 Srls . as well as the images represented on the Products (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functions and Site design).
- Protection of confidentiality and processing of the Buyer's data
- Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself, according to criteria of confidentiality and security.
- Communications and complaints
Written communications directed to the Supplier and any complaints will be considered valid only if sent by registered letter to the following address: Via Rodolfo Farneti 11 Milan , Italy, or by e-mail to the following address Info@elle2105.com . The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier's communications to be sent.
- Applicable law and competent court
21.1. The sales contract between the Buyer and Elle2105 s.r.l.s. is understood to be concluded in Italy and governed by Italian law.
21.2. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Buyer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence will be exclusively competent. of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other competent court excluded.
21.3. In the event of a dispute relating to the payment of a sum of less than € 50,000.00 deriving from the sale in e-commerce mode made to buyers who do not qualify as "consumers", before initiating the dispute before the Court, it is necessary to initiate a " assisted negotiation "pursuant to Legislative Decree 132/2014.
21.4. 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 General Conditions.
- Changes to the general conditions of sale
Elle2105 s.r.l.s. reserves the right to modify the Site, its content and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Purchaser will be subject to the terms of the General Conditions of Sale in force at the time the Product is ordered, unless any changes to these policies and terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders placed previously). If any provision of these General Conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.