1.1 These general terms and conditions of sale apply to the purchase of Siamoises brand products (hereinafter "Products") made through the e-commerce site https://www.siamoises.it/ (hereinafter the "Site") by users.
1.2 The Website is owned by iDesign S.r.l., and used by iDesign S.r.l., with registered office in Via Helsinki 29, 00144 Rome (RM), Italy, (hereinafter also "Owner"), tax code, VAT number and registration number with the Register of Companies of Rome, no. 12137741000.
1.3 iDesign S.r.l. sells the Products through the Site. The purchase of Products through the Site shall be between iDesign S.r.l., as seller (hereinafter the "Seller"), and the subject who proceeds to the purchase of one or more Products (hereinafter the "Customer"), (Seller and Customer shall be hereinafter collectively referred to as the "Parties").
1.4 Any communication from the Customer connected and/or related to the purchase of Products - including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and according to the procedures indicated on the Site through the contact form.
1.5 All purchases are governed by the general terms and conditions of sale in the version published on the Site at the time the order is placed by the Customer.
1.6 The Site is dedicated to retail sales. Persons who are not natural persons and/or who purchase one or more Products for purposes related to their own entrepreneurial, commercial, craft or professional activity are not entitled to transmit purchase orders. In any case, if one or more sales are carried out in favour of one of the aforementioned subjects, these general conditions of sale shall apply but, as an exception to what is provided for therein: a) he/she shall not be entitled to the right of withdrawal referred to in Article 10; b) he/she shall not be entitled to the warranty on the Products referred to in Article 8; c) he/she shall not be entitled to other possible protections provided for herein in favour of persons who are natural persons and purchase one or more Products for purposes that do not relate to their own entrepreneurial, commercial, handicraft or professional activity, which reflect or comply with mandatory provisions of law; d) the contract of sale concluded between the Seller and the same shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7 By transmitting the purchase order, the Customer accepts that confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.8 In order to be able to make purchases through the Site, the Customer must be of legal age (18 years old) and have the capacity to act, which the Customer declares by sending the order.
1.9 Any costs for connecting to the Site via the Internet, including telephone costs, shall be borne exclusively by the Customer, according to the rates applied by the operator selected by the Customer.
2. Characteristics of products and their availability in different geographical areas
2.1 The Products are sold with the characteristics described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time the order is placed, to the exclusion of any other condition or term.
2.2 The Seller reserves the right to amend these general terms and conditions of sale at any time, at its own discretion, without having to provide any prior notice to users of the Site. Any amendments made will be effective as of the date of publication on the Site and will apply only to sales concluded as of that date.
2.3 The prices of the products sold on the Site are subject to the conditions of sale.
2.3 Prices, the Products on sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order, in accordance with article 3 below, the Customer is invited to check the final sale price.
2.4 At the Site, the final price of the Products sold on the Site and/or their characteristics are subject to change without notice.
2.4 The Site can be accessed by users from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.
2.5 The Seller may only sell the Products in one of the countries indicated on the Site.
2.5 The Seller reserves the right to make changes and improvements to any Product offered on the Site, without any obligation to make such changes to those already sold.
3. How to purchase products - completion of each individual purchase contract
3.1 The presentation of the Products on the Site, which is not binding on the Seller, is merely an invitation to the Customer to make a contractual proposal to purchase and not an offer to the public.
3.2 The purchase order sent by the Customer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and which the Customer, by transmitting the order to the Seller, accepts in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Customer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy by means of the print command and to save or reproduce a copy for his own personal use. In addition, the Customer will be asked to identify and correct any errors in entering their data.
3.3. The Customer's purchase order is accepted by the Seller when the Customer is sent an email confirming the order, which will contain a link to the text of these general terms and conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered, to the email address the Customer has provided to the Seller when registering on the Site, or when the order is transmitted if the Customer is not registered on the Site. The Customer's order, the Seller's order confirmation and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in its computer systems and the Customer may request a copy by contact form.
3.4 Each contract for the purchase of the Products, except as specified below, will however be deemed to be concluded after the Customer receives the order confirmation from the Seller by email, and when the Seller has collected the price of the Products sold, the shipping costs and any other amount due by the Customer as provided for in art. 6 and 7 below.
4. Product selection and purchase procedure
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5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding on the Seller.
5.2 The Seller shall not be liable for any loss or damage caused by the use of the Products.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Site and, in any case, to execute the delivery within a maximum of 30 (thirty) days from the day after the day after the Seller accepts the Customer's order and the Seller collects the price, shipping costs and any other amount due by the Customer. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall notify the Customer in writing and shall refund the sums already paid by the Customer for the payment of the Product.
5.3 The Products ordered by the Customer shall be shipped in the manner selected by the Customer, among those available and indicated on the Site at the time the order is sent. The Customer undertakes to check in the shortest time possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or any discrepancy with the order placed, according to the procedure set forth in art. 8 below of these general conditions of sale, failing which the Products will be deemed accepted. Should the packaging or wrapping of the Products ordered by the Customer arrive at their destination clearly damaged, the Customer is invited to refuse the delivery by the carrier/freight forwarder or to accept the delivery "subject to reservations".
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is the price indicated on the Site when the Customer sends the order. The prices are inclusive of standard packaging costs and, where indicated on the Site itself, are inclusive of VAT (if applicable) and any other indirect taxes (if applicable) and/or duties, while they do not include shipping costs, which are quantified with the order confirmation sent by the Seller to the Customer and which the Customer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2 The Customer shall pay to the Seller the total price, the shipping costs and any other amount due as indicated in the order confirmation sent by the Seller to the Customer by e-mail.
6.3 If at the time of selecting the Product, it should appear that the price of the Product does not include any indirect taxes and duties, the Customer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered, the taxes and duties due. The Customer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4 The Customer is entitled to the payment of the duties and taxes due for the Products.
6.4 Any additional cost, charge, tax and/or duty that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of these general terms and conditions of sale shall be borne exclusively by the Customer.
6.5 The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in points 6.3. and 6.4. above, at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and that the Customer cannot in any way charge the aforementioned charges to the Seller.
7.1 The Customer expressly agrees that the Seller's performance of the contract shall commence when the price of the Product(s) purchased, the shipping costs and any other amount due is credited to the Seller's current account, and that no contract shall be deemed to have been entered into prior to such crediting.
7.2 Payment can be made by credit cards enabled by PayPal, under the conditions described below.
7.3 If payment is made by credit card, the Customer will be transferred to a secure site and the credit card data will be communicated directly to PayPal (Europe) S.à r.l. et Cie, S.C.A, L-1150 Luxembourg, the operator that handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by means of 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data are not accessible even to the Seller.
7.4 The Seller shall promptly send to the Customer, if required by the applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are to be delivered within the Italian territory, or attached in paper format to the purchased Products, in all other cases.
8. Seller's legal warranty of conformity, notification of defects and warranty claims
8.1 Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Customer that the Products will be free from defects in design and material and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. Any warranty shall not apply in the event that the Products are used or washed in a manner inconsistent with the Product's intended use and with the instructions/warnings provided by the Seller, or contained in the illustrative reference documentation, tags or labels. Note: in case of iDesign the subject is the same, therefore delete "and/or by the Owner"; ditto for point 8.3 and 8.4
8.2 Under penalty of forfeiture of this warranty, the Customer has the duty to report any defects and non-conformities within and no later than 2 (two) months from their discovery, by sending to the Customer Service by email to the following address email@example.com the correctly filled out returns page, with an indication of the defect and/or non-conformity found, as well as the relative documentation indicated in the returns form (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.3 Following receipt of the request and the relative documentation, the Seller will assess the defects and non-conformities reported by the Customer through its own assistance service and after having carried out the qualitative checks to verify the effective non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Customer with an acknowledgement, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorisation to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorised the return shall be returned by the Customer, together with a copy of the return authorisation notice containing the "Return Code", within 30 (thirty) days from the return authorisation, to the following address:
iDesign S.r.l., with head office in Viale dell'Arte 69, 00144 Rome (RM), Italy
8.4 The Seller shall evaluate, with its own assistance service, the possibility to repair the Product, restoring the conformity, in a reasonable time taking into consideration the nature of the goods.
8.5 If the Product is not repaired, the Seller shall not be liable for any damage to the Product.
8.5 If the repair is not possible, the Seller undertakes to refund the Customer the price paid; the refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product or by bank transfer. It shall be the Customer's responsibility to inform the Seller, at the time of the return request or through the contact form, of the bank details for making the bank transfer in his/her favour and to ensure that the Seller is put in a position to be able to refund the amount due.
9. Liability for defective products
9.1 With regard to any damage caused by a defect in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply.
10. right of withdrawal - information
10.1 The Customer is acknowledged the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately in a single order, the last Product has been delivered.
10.2 In order to exercise the right of withdrawal, the Customer must inform the Seller, before the expiry of the term referred to in paragraph 10.1 above, of his decision by accessing the "My Returns" page from My Account or, if he is not registered on the Site, by accessing the dedicated page and entering the order number and the e-mail with which he made the purchase. Alternatively, the Customer can send an explicit declaration to the Seller via the contact form or to the e-mail address firstname.lastname@example.org, of his decision to withdraw using the attached withdrawal form.
10.3 Following the provisions of the preceding point 10.2, the Customer shall receive an email confirming the exercise of the withdrawal, containing the return form to be inserted in the package, and the instructions for the return of the product, to be sent within and not later than the next 14 days to:
iDesign S.r.l., with registered office in via Helsinki 29, 00144 Rome (RM), Italy
10.4 The risks and direct costs of returning the goods shall be borne by the Customer. The Site also provides the possibility for the Customer to use a return service for the Products at costs that will be specified from time to time. The Customer remains free to use this service or not.
. <10.5 if="" the="" customer="" withdraws="" he="" she="" will="" be="" reimbursed="" for="" payments="" made="" including="" costs="" of="" delivery="" withdrawal="" is="" requested="" all="" items="" in="" order="" additional="" deriving="" from="" any="" choice="" a="" type="" other="" than="" least="" expensive="" standard="" offered="" are="" excluded="" without="" undue="" delay="" and="" case="" no="" later="" 14="" days="" exercise="" these="" refunds="" using="" same="" means="" payment="" used="" by="" initial="" purchase="" unless="" requests="" refund="" different="" which="" arising="" borne="" may="" suspended="" until="" receipt="" products="" to="" returned="" or="" has="" demonstrated="" that="" whichever="" earlier="" p="">
10.6 The Customer shall be liable for any diminution in the value of the Products resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the Products.
11. Intellectual property rights
11.1 The Customer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of iDesign S.r.l. and/or its assignees, without the Customer deriving any right on the same from the access to the Site and/or from the purchase of the Products.
11.2 The contents of the Site are the property of iDesign S.r.l. and/or its assignees.
11.2 The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose whatsoever without the prior written consent of iDesign S.r.l..
12. Customer data and protection of privacy
12.2 The Customer represents and warrants that the data provided to the Seller during the registration and purchase process is correct and true.
12. 3 The Customer may at any time update and/or change the personal data provided to the Seller through the "Account" section of the Site, which is accessible after authentication.
13.1 Although the Seller takes measures to protect personal data against loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Customer on the Site, even after the Customer has logged in, cannot be accessed or viewed by unauthorised third parties.
13.2 The Seller, with regard to the data relating to payments by credit card, uses the services of the company Paypal Inc. which adopts technological systems that guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via web.
14. Applicable law, attempt at conciliation and place of jurisdiction
<14.1 any="" contract="" of="" sale="" concluded="" between="" the="" seller="" and="" customer="" pursuant="" to="" these="" general="" terms="" conditions="" shall="" be="" governed="" by="" construed="" in="" accordance="" with="" laws="" italy="" particular="" legislative="" decree="" no="" 206="" 6="" september="" 2005="" on="" consumer="" code="" specific="" reference="" regulations="" distance="" contracts="" 70="" 9="" april="" 2003="" certain="" aspects="" concerning="" electronic="" commerce="" case="" rights="" that="" may="" attributed="" customers="" mandatory="" provisions="" law="" force="" their="" own="" country="" remain="" unaffected="" p="">
In the event of any discrepancy between the Italian language text and the English language text, the Italian language text shall prevail.