TERMS AND CONDITIONS OF SALE
1) Introduction – The present general conditions of sale (hereinafter, Terms and Conditions) concern the purchase of products from the site www.eyeletmilano.com (hereinafter, the Site), owned by EYELET MILANO Srl (hereinafter, the Company), with registered office in via Caradosso 7, 20123 Milan, tax code and VAT number 08731380963. These General Conditions are to be considered applicable to any purchase through the Site, unless special exceptions are written and sent by the Company to the customer. The placing of an order implies full acceptance of these General Conditions. The customer, therefore, is invited to read them carefully before making any purchase transaction, and once the online purchase procedure has taken place, to preserve them in the preferred manner (whether in digital or hard copy). The Company may modify, at any time and without notice, the contents of the General Conditions, provided that the purchase orders will be subject to the General Conditions published on the Site at the time of the order by the Customer. The prices on the Site include VAT and are subject to change daily due to the market situation, the fluctuation of the exchange rates and possible regulatory changes.
2) Products – All products (hereinafter, Products) are described in detail in the pages of the Site, within their own section and distinct categories. The visual representation of Products, where available, usually corresponds to the photographic image of the Products and has the sole purpose of presenting them for sale, without any guarantee or commitment by the Company about the exact correspondence of the image depicted on the Site with the real Product; and this with particular regard to its size and color. In the case of a difference between the image and the Product’s data sheet, the latter is prevailing over the former.
3) Purchase process – To purchase the Products you must have a registered account to the Site. When the Customer intends to purchase one or more products, after he logs in to the Site with his credentials, he imply needs to add the Products to the order form (hereinafter, the Form). The Form contains a summary of the selected Products. Moreover, it allows for the choice of the method of delivery of the Products, it indicates the costs of shipping (if applied) right next to the price of the Products and it shows the payment method. Finally, it allows for the removal of the Products entered by mistake or to change the quantities to be purchased before the final confirmation of the order. By sending the Form, the customer sends a preliminary sale contract. Sending the Form allows the Customer to receive further information from the Company exclusively aimed at the conclusion and execution of the sale contract. After submitting the form, the customer receives a summary of the order at the email address provided for the user registration, and he has to carefully check that all the information is correct. If the Customer notices an error he should immediately communicate it to the following email address: email@example.com or, alternatively, to fax: +39 02 89098462, specifying in each case the order number, the username and the adjustments to be made.
4) Acceptance and Shipping – The sale contract is concluded only after the sending by the Company of a confirmation e-mail (also including information about the chosen payment method) that is sent following the check on the availability of the ordered Products. In the case of non-availability of the purchased Products, the Company has the right to reject the Order without being subject to any legal liability. Only orders complying with the General Conditions will be accepted. Following the full payment of the order, the Company will send an e-mail to the Customer confirming the dispatch of the Products. The date included in the invoice are those provided by the customer at the moment of purchase and no change will be possible after the issuance of the invoice.
5) Cancellation of the order – The Customer may request at no charge the cancellation of the Order exclusively before the goods have been shipped, by sending an e-mail to the following email address: firstname.lastname@example.org or, alternatively, by fax: +39 02 89098462. In each case the Customer should always indicate the order number, the username and include the wording: “cancellation of not yet shipped order.”
After sending the goods, any order can be canceled only and exclusively by the Customer (defined by law as “a person who buys goods for purposes not related to his professional activity, or does the purchase by not indicating a VAT number”), by exercising the right of withdrawal pursuant to Art. 8 of these General Conditions.
6) Delivery and shipping costs – The Company delivers in all the countries listed on the Site and will proceed to the delivery of the Products via courier in the shortest possible time. Delivery of the products, which may also vary in relation to the countries of delivery, are indicative as shipments are handled directly by the carrier, and therefore are in no way binding for the Company.
Upon delivery of the goods by the courier the customer is required to check: (i) that the number of packages delivered is as specified in the transport document attached to the goods and always available on the packing, and (ii) that the packaging is intact and not altered even in the sealing tape, when present.
In the event that the goods arrive with packaging unsuitable to their preservation due to damage caused by transport, the Customer must refuse delivery and immediately notify the Company who will redeliver it.
In the event that the customer still decides to accept the goods on delivery, he must necessarily do so by adding the words “GOODS UNCHECKED FOR …………” (indicating the motivation) on the delivery document of which he must retain a copy. The Customer must notify the Company any damage suffered by the accepted Products, via fax to +39 02 89098462 or alternatively via registered letter to be addressed to the Company’s offices, located in Via Giulianova 1 – 20121 Milano ( ITALY), within the working day following the receipt of the goods, attaching a copy of the shipping document. It is understood that, in case it has not been possible to find on the delivery of the written courier “GOODS UNCHECKED FOR………… (indicating the motivation),” and that the Company has not received the report of the damage in the time indicated, the damage will be considered the responsibility of the Customer. In the event that the goods have not been withdrawn within three working days from the notice to the passage of the courier and that the Customer has failed to provide a valid address or to proceed to the withdrawal of the Products, it is agreed that the costs of storage of goods at the warehouse of the courier will be charged to the Customer. The costs of delivery of the purchased material, if any, shall be borne by the customer, in the form indicated on the purchase of goods and inclusive of an insurance policy covering the goods exclusively up to delivery to the recipient. Transport costs indicated in the Form do not include porterage for delivery of goods to the floor, therefore the delivery of goods takes place at the address indicated at street level.
7) Payment – The payment of the purchased products can only be made via PayPal, a quick and safe payment system. The Customer will receive an email confirmation from PayPal.
The amount is charged directly to the credit card (Visa, Visa Electron, Mastercard) or debit card (American Express). PayPal buyer protection protocols assure that no sensitive data will be made available to third parties.
Please note that the amount is debited from the Customer’s PayPal account at the moment in which the courier takes charge of the order. When passing the order, the Customer only provides a free of charge authorization to check the availability of a sufficient amount of cash on the PayPal account of the Customer.
In case of cancellation of the order, the amount will be refunded to the Customer’s PayPal account.
8) Right of withdrawal – The Customer can exercise the right of withdrawal, i.e. a person who buys goods for purposes not related to his professional activity, or does the purchase order form by not indicating a VAT number.
The Customer has the right to terminate the contract, without any penalty and without specifying the reason, within fourteen (14) days from the receipt of the Products by sending a notice via registered letter with return receipt to the place of business of the Company: Via Giulianova 1, 20121 Milano (ITALY). The Customer has to include in the letter the order number and the username.
In the case of exercise of the right of withdrawal, the Customer must return the Products to the Company at the following address: Via Giulianova 1, 20121 Milano (ITALY) within fourteen (14) working days from receipt of goods. In the case of exercise of the right of withdrawal, the Customer will have to bear only the costs of the return of the Products, as well as those incurred by the company for sending the goods, indicated in the Form.
The right of withdrawal shall be in compliance with the foregoing and properly exercised and therefore obtained when the Customer has complied with the following conditions:
– The communication of return must be received in the manner described above;
– The Products must have not been used;
– The identification labels of the Products must be attached to the item;
– Any seal must be intact;
– Products must be returned in their original packaging and shipped to the company in a single shipment.
If the right of withdrawal is exercised in the manner and time limits specified in this paragraph, the Company will refund the amounts paid within fourteen (14) days from the date of actual receipt of returned Products, by bank transfer to an account designated by the Customer .
In the event that the terms and procedures set forth in this paragraph necessary for the exercise of the right of withdrawal pursuant to the law are not respected, the Customer is not entitled to a refund of the money paid and has to borne the expenses for the return of the Products as well.
9) Warranty – The Company sells Products produced on its own and that are patented. The materials used for the production are processed by the best Italian manufacturing, with the direct contribution of the non-profit sector: a production process that guarantees a careful check on the quality of the Products.
In accordance with the provisions of the new regulations concerning the protections of the customers in the sale of consumer goods, the Company guaranteed the conformity of the Products for a period of 26 months from the delivery.
If the Customer is “the consumer who buys for professional purposes or indicating in user registration and / or in the form cart purchase a VAT number”, he enjoys only the legal guarantee of the manufacturer (12 months after delivery).
To benefit from the warranty, the customer has to keep the invoice of purchase.
In case of exercising the right of withdrawal by the Customer, the Company has the right to not accept the return of products that have been altered from their original status or have been damaged.
10) Customer Support and return of defective Products – Even though the Products are made in strict compliance with materials and procedures high-quality standards, it’s impossible to completely exclude the possibility that they can present defects. In this case, the Customer can contact the technical support of the Company, via e-mail at: email@example.com or by phone at +39 02 89013094
Within 48 hours after successful transmission of the request by the Customer, the Company will provide the Customer with the identification code for the return and the instructions necessary for preparation and shipping of the defective Products at a specified destination.
The return and the subsequent delivery of non-conforming Products is free for the Customer if and only if requested within fourteen (14) days of delivery of the Products. After this period, the return and the subsequent delivery of the Products will be at the expense of the customer, unless it is the Company itself to cater to that effect.
In case of lack of conformity of Products purchased with the description published on the Site and in the event of a product failure, the Customer is entitled to a refund or replacement of Products.
The warranty covers defects in accordance with law and / or of any conventional guarantee, as expressly provided for the Product. The Products that present clear signs of tampering or damage caused by improper use or by external agents not related to defects and / or manufacturing defects are not covered by the warranty.
11) Intellectual Property – All trademarks (registered or not), as well as all intellectual work, distinctive signs or names, images, photographs, written text or graphic, and more generally any other intangible asset protected by the laws and conventions on international intellectual property and industrial property, reproduced on the Site are the exclusive property of the Company, and the Customer doesn’t acquire any rights to them by accessing the Site or by purchasing the Products. Any use by the Customer, even if only partial, is prohibited without the prior written permission of the Company.
13) Applicable Law and Disputes – The general conditions of sale are governed by Italian law. Any disputes concerning the interpretation and execution of contracts in adherence to these terms and conditions will be resolved before the courts competent under the applicable legislation, in the case of Customers for non-professional use. In contrast, for Customers for professional use, jurisdiction will be in the Court of Milan. By placing orders on the Site, the Customer acknowledges that he has read and accepted the terms and conditions therein published and communicated to him at the time of the order in the Form.