This document sets out the general terms and conditions on the basis of which the use of the website www.zagara-milano.com is offered to users, which offers through the application are offered to the public Sicilian handicraft products, specifically: ceramics, jewelry, food, furniture accessories.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Use of the Application implies User’s acceptance of the Terms. If you do not intend to accept the Terms and/or any other notices, legal notices, disclosures published or referred to therein, you may not use the Application or its services.
The Conditions may be changed at any time.
The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to vary at its own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may show up. In addition, any images of the Products are representative only and do not constitute a contractual element.
Purchases and/or requests for supply of one or more Products through the Application are permitted to both Consumer and Non-Consumer Users.
Individuals are allowed to make purchases and/or supply requests only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will count as a contractual proposal to purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, in its sole discretion, have the right to accept or reject the User’s order without the User being able to object or complain about anything in any capacity and/or reason.
The contract for the sale or supply of the Products shall be deemed to be concluded upon the Holder’s acceptance of the User’s contract proposal . The Holder will accept the User’s contract proposal by sending the order confirmation to the e-mail address provided by the User or by displaying an order confirmation web page, which will contain the date of the order, the User’s data, the characteristics and availability of the Product, the price or the way to calculate the price, any additional charges and ancillary taxes, the delivery address, the delivery time and any delivery costs, the way to exercise the right of withdrawal or its possible exclusion, and the guarantee.
The contract of sale or supply of the Products shall not be deemed effective between the parties in default of the preceding paragraph.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be completed with respect to the Products accepted by the Holder.
The User agrees to verify the correctness of the data in the order confirmation and to immediately notify the Holder of any errors and will keep a copy of its order, its confirmation and the Conditions.
The price including VAT, if due, is shown for each Product. Where the nature of the Product means that it is impossible to calculate it in advance, the manner in which the price is calculated is indicated.
In addition, any taxes, additional fees, and delivery charges that may vary depending on the destination, delivery method chosen, and/or payment method used will be indicated. Where such expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Holder reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change.
The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all necessary data that may be required.
The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card numbers, cardholder name, passwords, etc.).
Should such third-party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.
The User who wishes to receive an invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be authentic, releasing to the Holder every ample indemnity in this regard.
Tangible Products and/or digital goods delivered on a tangible medium will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery.
In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, including an indication of when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new deadline or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date the Holder became aware of the refund request.
Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User may not object to any dispute about the external characteristics of the delivered Products.
The Owner shall not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform due to force majeure.
The Non-Consumer User is not granted the right to withdraw from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him/her as a non-consumer User, for whom the right of withdrawal does not apply.
Only the User Consumer who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address info@zagara-milano.com, using the optional withdrawal form in the following article or any other written statement.
In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the User Consumer shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost.
In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated that he/she wished to withdraw from the contract.
The Holder is not obligated to reimburse delivery costs if the User Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.
The Holder, unless he or she has offered to pick up the Product himself or herself, may withhold the refund until he or she has received the Product or until the Consumer User has demonstrated that he or she has returned the Product.
The Holder will not accept a return if the Product is found to be malfunctioning due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Holder will return the purchased Product to the sender and charge the sender for the shipping costs.
The right of withdrawal from the contract of sale or supply of Products by the User Consumer is excluded relatively:
In cases of exclusion of the right of withdrawal, the Holder will return the purchased Products to the User, charging him the shipping costs.
For further clarification, contact Holder at info@zagara-milano.com or by calling customer service at 3338088396.
I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
Order number:_______
Ordered on: _______
First and last name: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
In relation to the tangible Products, the warranties for defects of the thing sold, the warranty for defect of promised and essential qualities and the other warranties provided for by the Civil Code with their terms, forfeitures and limitations (art. 1490 et seq. c.c.) will be applied to non-consumer Users.
The legal guarantee of conformity, provided for in Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall under the category of “consumer goods,” as governed by Art. 128, 2nd paragraph of the Consumer Code: any movable goods, including those to be assembled, except (i) property subject to forced sale or otherwise sold in other ways by judicial authorities, including by delegation to notaries, (ii) water and gas, when not packaged for sale in a delimited volume or specified quantity, (iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the User Consumer Products in accordance with the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product not in accordance with its intended use and/or with the provisions of the attached technical documentation are excluded from the scope of the conformity warranty.
A conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months after the date of discovery of the defect.
Unless proven otherwise, defects of conformity arising within 6 months after delivery of the Product shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. After the 6 months, it will be up to the Consumer User to provide proof that the damage did not originate from misuse or improper use of the Product.
Pursuant to Art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the User Consumer may choose between repairing the Product or replacing it.
This right of choice may not be exercised if the remedy sought is objectively impossible or unduly burdensome. In addition, the Consumer User is entitled to an appropriate price reduction or termination of the contract only if one of the following situations occurs: (i) repair and replacement are impossible or excessively expensive; (ii) the Holder has failed to repair or replace within a reasonable period of time; (iii) the replacement or repair caused significant inconvenience to the User Consumer.
If the User Consumer wishes to take advantage of the remedies under the conformity warranty, he or she should send written notice to info@zagara-milano.com or by calling customer service at 3338088396.
The Holder will promptly acknowledge the communication of the alleged conformity defect and indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
The Owner represents that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or Content available on the Application. Therefore, all trademarks, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
The Terms do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise governed.
Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
The Application is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond the Owner’s control or for force majeure events.
The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its suppliers.
The Owner shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to the Owner, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, holder’s name, password, etc.)
The Holder will not be responsible for:
In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.
The Holder shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, to unforeseen and unforeseeable events and, in any case, beyond its control.
The Holder’s performance of obligations will be considered suspended for the period during which force majeure events occur.
The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may redirect to third-party sites/applications that provide services through the Application. In such cases, the general conditions for use of the site/application and use of the service prepared by the third party will apply to the individual services, with respect to which the Owner assumes no responsibility.
Protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at __________
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the “consumer forum” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.
For non-Consumer Users, any dispute relating to the application, enforcement and interpretation of these Terms shall be submitted to the courts of the place where the Owner is located.
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument may be used by the Consumer User to settle non-judicially any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the Consumer User may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at: ec.europa.eu/consumers/odr/
Date 29/09/2020
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