TERMS AND GENERAL CONDITIONS
pursuant to the Italian Legislative Decree n. 206/2005 and subsequent amendments and additions
1. Introduction and effectiveness of the General Conditions
These General Conditions of Sale (hereinafter also only “General Conditions”) govern the purchase orders of products made remotely via the internet through the websites www.aramuitaly.com (Henceforth also only” site”) in compliance with the Italian legislation pursuant to the Legislative Decree no. 206/2005 and subsequent amendments and additions (“Consumer Code”).
The seller of the products and owner of the websites is:
ELISA ARAMU, born in Biella on 02/02/1991, fiscal code: RMALSE91B42A859U, owner of the individual company of the same name (VAT: 02708750027), with registered office in Biella (BI), Via Volpi n. 6.
E-mail address: email@example.com.
Telephone number: 347 23 58 272.
The user of the website who intends to place one or more purchase orders for the products (hereinafter also referred to as the “Customer”) is required, prior to the confirmation of dispatch of the order, to carefully read these General Conditions, which are been published on the sites and which will be available at any time by the Customer also through the link contained in the confirmation email of each purchase order to facilitate its storage and reproduction.
In the event that the user of the site requests the issuance of an invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, letter a) of the Consumer Code, the rules of withdrawal and that of the guarantee for lack of conformity described in the specific sections will not apply, since pursuant to the Consumer Code they only apply to “consumers”.
The agreements made with Elisa Aramu through the sites are governed by these General Conditions in compliance with Italian and European legislation.
The language of reference for concluding the contract is Italian for sales whose shipments provide for Italy and English for delivery to all other delivery locations.
2. Product information and availability
The information and the characteristics related to the products are available on the website.
All information on the products is given in Italian and in English.
The products proposed and offered by Elisa Aramu on the website are made with fabrics from stocks of Italian textile producers and are tailored in Piedmont in a small tailoring workshop. Each product is worked individually, with care and professionalism. Any slight differences between one product to another is synonymous of craftsmanship.
Due to the limited amount of fabric available for each model, the products are available in limited quantities. Elisa Aramu produces a stock of some samples for the presentation and eventual testing of the products. The production is made to order only.
The time required for the production of products not available in stock at the time of receipt of the purchase order varies from 4 (four) to 6 (six) weeks, to which delivery times are added, and also vary according to the availability of the type of fabric from time to time required for production and the total number of orders received in a certain period.
Elisa Aramu guarantees that the same and compliant products will be delivered to those indicated and described on the sites and ensures compliance with all regulations regarding the conservation of the products until the time of delivery in the place indicated by the user.
The manufacturer’s responsibility applies to all products sold.
In the case of packaged products, the manufacturer is also responsible for the truthfulness and completeness of the information on the packaging.
The Customer, before the conclusion of the purchase contract through the subsequent confirmation e-mail, examines the characteristics of the goods illustrated in the individual product sheets.
Before validating the purchase order with the onset of the “payment obligation”, the Customer is informed about:
– the total price of the goods including taxes, with details of the shipping costs (if any) and any other possible costs;
– the payment methods;
– the term within which Elisa Aramu undertakes to deliver the goods;
– the conditions, terms and procedures for exercising the right of withdrawal (Article 7 of these General Conditions);
– the information that the Customer will have to bear the cost of returning the goods in case of withdrawal;
– the existence of the legal guarantee of conformity for the purchased goods;
The Customer may at any time take note of the information relating to Elisa Aramu sole proprietorship, the geographical address, telephone number, e-mail address. Information that is also reported below:
ELISA ARAMU, born in Biella on 02/02/1991, Tax Code: RMALSE91B42A859U, owner of the individual company of the same name (VAT number: 02708750027), with registered office in Biella (BI), Via Volpi n. 6, e-mail address: firstname.lastname@example.org, telephone number: 347 23 58 272.
3. Choose and buy the products
Pursuant to these General Conditions of Sale, Elisa Aramu sells and the Customer remotely purchases the tangible movable property indicated and offered for sale on the website www.aramuitaly.com.
The characteristics and the price of the various products offered for sale on the websites (hereinafter also referred to only as “product” or “products”) are shown under each product on the “collections” and “models” pages. The nature, essential characteristics and price of each product will be highlighted. Each product is available in limited quantities and it can be made-on-order only. The production time goes from 4 (four) weeks to 6 (six) weeks, plus shipment time.
The presentation of the products on the site constitutes an invitation to offer.
Any invoice will be sent to the user only upon express request to do so by e-mail to the following address: email@example.com.
By sending the purchase order as explained, the Customer acknowledges and declares to have read all the information provided during the purchase procedure, to have viewed and understood the characteristics of the products, and to fully accept these General Conditions of Sale.
The order sent in this way will have the value of a contractual purchase proposal addressed by the Customer to the sole proprietorship Elisa Aramu for the listed products, each considered individually.
The Customer will then receive an email which will confirm the availability of the requested products specifying if the product is available in stock or needs to be ordered. Then it will be requested the shipping data and fiscal code.
The receipt of the purchase order does not constitute acceptance of the purchase proposal made by the Customer.
The distance selling contract is concluded exclusively through a subsequent e-mail confirming receipt of the purchase order, sent to the user by the seller and owner of the sites at the e-mail address indicated by the user (Customer) in purchase order phase and subsequent receipt of the bank transfer by the Customer.
The confirmation e-mail will contain a reference to these General Conditions, the order number, shipping data information, the list of products ordered and the total price, including VAT, where applicable, the IBAN to make payment and expenses for delivery, where applicable.
The Customer will check the confirmation e-mail and if he detects errors in the order, he will have 24 hours from receiving the e-mail to contact Elisa Aramu by phone at no. 347 23 58 272 or by email at the following address: firstname.lastname@example.org
In order to proceed with the shipment or the production order, the Customer must make the transfer within 3 days of receiving the confirmation email. Once the transfer is received, the order will be shipped or sent to the production in order to be tailored.
From this moment on, changes to the forwarded order will no longer be accepted, obviously without prejudice to the rights of the Customer referred to in point no. 7 (Right of withdrawal).
The Customer may cancel the purchase order only before receiving the confirmation e-mail, only if the order has not been prepared for the shipping process or sent to production.
Before proceeding with the confirmation of his order, the Customer undertakes to read these General Conditions of Sale.
Any invoice will be sent to the user only upon an express request to do so by e-mail to the following address: email@example.com
In the case of a made-to-order product, once it is ready and received from production, it will be prepared for shipment.
4. Prices and shipping
The prices of the products are expressed in Euros and include VAT and other taxes, where applicable. Any and additional charges, taxes and duties (including customs where due) are charged to the customer.
Elisa Aramu ships the products throughout Italy, the United Kingdom and some EU countries. Please contact us by email for any information.
For Italy, shipping is free and carried out with express couriers. It is possible to request shipping insurance which will be charged to the customer. For shipments to EU countries and the United Kingdom, the relative cost will vary according to the place of destination and will be fully charged to the customer.
For Elisa Aramu sole proprietorship it is important that purchases are protected from sudden changes in temperature and accidental shocks during shipment. For this reason, the products will be properly packaged.
To avoid that the products remain too long in the courier depots, shipments are made from Monday to Friday.
5. Methods of payment and invoicing
The payment of the purchase price and the shipping costs of the order must be made by bank transfer to the IBAN coordinates communicated to the Customer in the purchase order confirmation email.
The Customer has time to make the transfer within 3 days from the date of communication of the aforementioned bank details and send the relevant receipt to the email address firstname.lastname@example.org
The Customer who has not made the transfer may be contacted by Customer Service in order to verify whether the failure to credit is due to the Customer’s will not to confirm the purchase or to other causes.
In any case, Elisa Aramu reserves the right not to ship the goods or send the order to production until she has received confirmation of the credit.
If the purchase is made by a VAT number holder, it will be possible to request the issuance of the invoice by sending an e-mail to email@example.com, in which the VAT number, the Tax Code, the ” personal data of the VAT subject with the relative certified e-mail address.
The invoice will be sent by email to the address indicated.
VAT holders are responsible for correctly entering billing information and are expressly informed that the invoice can be requested within 7 days from the date of confirmation of the purchase order.
6. Transport and delivery
The purchased Products will be delivered to the address indicated by the Customer via email.
All purchases ready in stock and / or made on order will be delivered by courier from Monday to Friday, excluding holidays and national holidays.
For shipments, express couriers or the Italian Post Office are used.
Elisa Aramu is in not responsible for any delays, not foreseeable or not attributable to the same, in the delivery of the goods.
In any case, except for reasons of force majeure or unforeseeable circumstances, the products ordered and ready in stock will be delivered to the courier within 5 working days starting from the day following that in which Elisa Aramu will have confirmed the order to the Customer through a specific e- mail. For products not available in stock and/or purchased to order, the packaging time ranging from 4 (four) to 6 (six) weeks must be added. Once the garment has been received from production, it will be delivered to the courier within 3 days. Delivery takes place within 5/7 working days.
The delivery time of the purchased product may be subject to variations based also on any customization requested by the Customer as well as based on the contingent availability of the products allocated in the stock.
The aforementioned deadline of 5/7 working days applies for shipments to Italy.
For shipments abroad, delivery times may be extended according to the country of receipt, indicatively it could take place within 10/15 working days once delivered to the courier. Check more precise timing by contacting via email.
In any case, Elisa Aramu will not be responsible for any delays in the delivery of the products that are due to technical problems, causes attributable to the couriers hired or to the Italian Post Office, not easy accessibility to the places of delivery of the goods, weather alerts and force majeure. or fortuitous event.
7. Right of withdrawal
As required by the Consumer Code (Legislative Decree n. 206/05) and by Legislative Decree n. 21/2014, private customers (natural persons) have the possibility to withdraw without giving any reason within and no later than 14 days from receipt of the goods and to return the purchased products, except in the case of products that for their nature exclude this right of withdrawal, in accordance with the provisions of art. 59 of Legislative Decree no. 206/2005, and these are:
- the supply of goods and products made to measure and / or clearly personalized;
If the Customer purchases from Elisa Aramu goods not belonging to the categories just mentioned, the procedure for exercising the right of withdrawal will be applicable. The Customer will have to manifest the desire to withdraw by sending an e-mail to the address firstname.lastname@example.org or by registered letter with return receipt addressed to:
Via Volpi n. 6
13900 BIELLA (BI)
In order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the period of 14 days from receipt of the goods.
The notice of withdrawal must contain, pursuant to art. 49 paragraph 1 letter h) of the Consumer Code, as indicated in Annex 1 letter B of the Code itself, in addition to the explicit manifestation of the will to withdraw, the Customer’s personal data with its residence/domicile address, e-mail address, phone number and IBAN to obtain a refund of the purchase price.
Once this communication has been received, Elisa Aramu’s Customer Service will open a file for the management of the withdrawal and return of the goods and to communicate to the Customer the instructions on how to refund and return the products. The Customer must return the item within 14 days from when he expressed his right of withdrawal. The reimbursement consequent to the right of withdrawal will take place at the latest within 30 days from the date on which the supplier became aware of the withdrawal.
The right of withdrawal is governed by the following conditions:
In case of legitimate exercise of the right of withdrawal and, therefore, of non-recurrence of the aforementioned cases of exclusion and reported by art. 59 of Legislative Decree no. 206/2005 (Consumer Code), the Customer must return the products received and Elisa Aramu will refund the Customer the amount paid for the purchase of the goods.
The direct costs for returning the products are the sole responsibility of the customer.
The Customer may be held responsible for the decrease in the value of the goods resulting from any manipulation of the same.
The products must be well preserved and returned in the same type of packaging in which they were received or in a box/envelope that preserves the contents and is suitable for the type of product.
Only unused, unworn, unwashed and undamaged products can be returned.
In case of legitimate exercise of the right of withdrawal, the Customer must return the products, complete with any accessory and/or additional material received. The product identification tag must remain attached to the goods and is an integral part of it.
The products must be returned via tracked shipping via express couriers or the Italian Post Office.
In the event of the return of damaged or worn products, Elisa Aramu will have the right to withhold from the refund of the purchase price an amount corresponding to the decrease in value of the asset due to any damage / wear.
In cases of exclusion of the right of withdrawal, or of illegitimate exercise of the same or the return of damaged, washed or altered products, Elisa Aramu reserves the right to return the purchased products to the Customer and possibly returned to the seller, charging the Customer the Shipping fees.
8. Return for replacement
It is possible, after specific agreement with Elisa Aramu, to make returns for replacement of the size of the item purchased. In this case, the return for replacement will be possible only if the desired product is available in stock. The Customer is therefore required to check the availability of the products in advance via email email@example.com.
9. Warranty and lack of conformity for non-food products
In the event of defective or non-compliant goods, please refer to the rules established for the return of goods in section 7. Right of withdrawal.
Each product sold by Elisa Aramu to a “consumer” buyer is assisted by the legal guarantee on consumer goods, which covers conformity defects that appear within 24 months from the date of delivery of the goods.
The legal guarantee for lack of conformity can be activated, for example, in the event of the purchase of malfunctioning products or those that cannot be used in the manner declared by the seller or for the ways in which products of the same type and kind are generally used.
In case of conformity defects of the purchased products, the Customer must immediately contact Elisa Aramu by telephone at no. 347 23 58 272 or by sending an e-mail to firstname.lastname@example.org
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code (Legislative Decree No. 206/2005) apply to the sale of products.
In case of lack of conformity of the goods and / or products purchased, the Customer has the right, at his choice and provided that the type of product allows it, to restore the conformity of the product without charge by repairing or replacing it by part of the seller.
On the other hand, the Customer has the right to a price reduction or termination of the contract in the following cases: a) replacement or repair of the product is not possible or is excessively expensive; b) the seller has neither repaired nor replaced the product within a reasonable period of time; c) the replacement or repair of the product causes considerable inconvenience to the Customer.
To determine the amount of the price reduction, any use that the Customer himself has made of the product is taken into account.
It is specified that a minor defect, for which it is not possible, or is excessively burdensome, to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
In case of replacement of the defective product, Elisa Aramu will deliver the replacement product to the Customer within a reasonable time and the Customer will be required to return the non-compliant product to the seller within 30 days from the date on which he received the communication confirming the sending the replacement product.
The Customer loses these rights if he does not report the lack of conformity to Elisa Aramu within 2 (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 expiring in a shorter period, in which case the defect must be reported within this shortened period.
10. Errors and Limitations of Liability
The information relating to the products provided through the website www.aramuitaly.com is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Elisa Aramu cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
Elisa Aramu reserves the right to correct errors, inaccuracies or omissions even after a purchase order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer pursuant to of these General Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an order.
The supplier will not be liable in case of delay in the delivery of the purchased goods due to insufficient stocks. It will also not be liable in the event of insubstantial differences between the purchased goods and their illustrative images and text descriptions published on the aramuitaly.com website.
The supplier will not be liable in case of delay in the delivery of the purchased goods due to third parties.
The supplier is not responsible if the items covered by these general conditions do not arrive intact to the buyer as foreseen in the contract stipulated between the seller and the courier.
The supplier will therefore not be liable for defects in the goods caused by delivery made by third parties.
Any anomaly in the receipt of the shipment or in the case of arrival of damaged goods, must be promptly communicated to Elisa Aramu by calling 347 23 58 272 (from Monday to Friday from 9.00 to 17.00, excluding holidays), by sending an email or by registered a/r letter to the following address:
Via Volpi n. 6
13900 BIELLA (BI)
Elisa Aramu undertakes to respond to all requests received within a maximum of 2 days from receipt of the same.
12. Access to sites
The Customer has the right to access the website www.aramuitaly.com for consultation and execution of purchase orders. No other use, in particular commercial, of the sites or their content is permitted. Reproduction of the website or its contents is prohibited. Unauthorized use of the website and its contents may give rise to claims for compensation or constitute a crime.
The integrity of the elements of the website, whether audio or visual, and the related technology used, are the exclusive property of Elisa Aramu and are protected by intellectual property rights.
It is not allowed to copy, alter, translate, distribute, use, archive, publish these elements.
Any downloading, viewing and printing of the contents of the website are permitted for personal use only. In any case, it is excluded that the Customer can claim rights of any kind on the aforementioned elements / contents.
The website www.aramuitaly.com uses ” cookies ”.
Cookies are electronic files that record information relating to the Customer’s navigation on the sites (pages consulted, date and time of consultation, etc.) and that allow Elisa Aramu to offer a service that is as personalized as possible.
Elisa Aramu informs the Customer of the possibility of deactivating the creation of these files by accessing her internet configuration menu. It is understood that disabling cookies will prevent the Customer from making online purchase orders on the sites.
These General Conditions of Sale are made up of all the clauses that compose them.
If one or more provisions of these General Conditions of Sale should be considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction and competence, the other provisions will continue to have full force. and effectiveness. If any provision of these 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.
If the goods ordered through www.aramuitaly.com were to be delivered outside of Italy, the Customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be the sole responsibility of the Customer. Elisa Aramu has no control over these costs and is unable to predict their amount. Customs policies vary considerably from country to country and the customer must therefore contact the local customs office for more information. Please also note that when the customer places purchase orders on the sites, he will be considered as an importer and will therefore be required to comply with all the laws and regulations of the country where he will receive the goods. The customer who purchases products from abroad is aware of the fact that cross-border deliveries are subject to opening and inspection of the products by the customs authorities.
Elisa Aramu does not sell products to minors. If the Customer is under the age of 18, he can use the sites www.aramuitaly.com and www.aramubigcartel.com only with the involvement of a parent or guardian.
17. Changes to the general conditions of sale
Elisa Aramu reserves the right to modify the sites www.aramuitaly.com and www.aramubigcartel.com, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Customer will be subject to the terms of the General Conditions of Sale from time to time in force at the time of placing purchase orders for products, unless any changes to these terms are required by applicable law or by the competent authorities (in which case, will also apply to orders that the Customer has previously placed).
18. Applicable law and competent court
The sales contract between the customer and Elisa Aramu is concluded in Italy and governed by Italian law.
For the solution of all disputes relating to the interpretation, conclusion, execution or resolution of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of his or her will be exclusively competent. municipality of residence or domicile, if located in the Italian territory.
In all other cases, the territorial jurisdiction is exclusively that of the Court of Biella.
Pursuant to articles 1341 and 1342 of the Italian Civil Code the Customer declares to have read and to know the relative content and, consequently, to expressly accept the provisions of points nn. 1 (Introduction and effectiveness of the General Conditions), 2 (Products information and availability), 3 (Choosing and purchasing products), 4 (Prices and shipping), 5 (Methods of payment and invoicing), 6 (Transport and delivery) , 7 (Right of withdrawal), 8 (Returns for replacement), 9 (Warranty and lack of conformity for non-food products), 10 (Errors and limitations of liability), 11 (Complaints), 12 (Access to the site), 13 (Cookies), 14 (Integrality), 15 (Customs), 16 (Minors), 17 (Changes to the general conditions of sale), 18 (Applicable law and competent court).
These General Sales Conditions were drawn up on 27 August 2020.