The AMAZUÌN sole proprietorship by Alessia Donati - C.F. DNTLSS80T66D612X - PI 02462780970, based in Prato, via delle Colombaie 31 / F (hereinafter AMAZUÌN) - the "Seller", deals with the offer and sale via e-commerce of the products (hereinafter the "Product" or " Products ") on the website www.amazuin.com (hereinafter “Site”).
These Conditions of Sale relate to the offer and sale of products and services carried out remotely via the telematic network on the Site (Legislative Decree 206/05, hereinafter "Consumer Code").
ARTICLE 1: CONCLUSION OF SALES CONTRACTS
The Customer is the user of the Site who accesses the e-commerce check-out and is identified by the data entered when completing and sending the order form in electronic format. It is strictly forbidden for the Customer to enter false and / or invented and / or fancy names in the online ordering procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer also relieves the Seller of any liability arising from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, being the Customer himself solely responsible for the correct insertion.
Purchases on the Site are reserved for the consumer customer (i.e. a natural person who purchases the goods for purposes not related to their professional activity, or does not make the purchase by indicating in the order form a VAT number reference, hereinafter "Consumer" ), with the exclusion of subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the Products to third parties. The non-Consumer customer is invited to refrain from concluding commercial transactions on the Site and, in any case, the Seller reserves the right not to follow up on orders from subjects other than the Consumer or in any case to orders that do not comply with its commercial policy.
The confirmation and sending of the order by the Customer, according to the instructions that will appear from time to time on the web pages, implies the acceptance and full acceptance of these General Conditions of Sale by the Customer, as well as the provisions of the Privacy, Shipping and Returns sections of the Site. The Seller reserves the right to modify these General Conditions of Sale at any time, also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of their publication on the Site.
The sales contract between the Seller and the Customer is meant finalized with the acceptance of the order by the Seller.
If the Customer is a Consumer, once the online purchase procedure is completed, he will print or save an electronic copy and in any case keep a copy of the orders sent to the Seller, the order confirmations received and these General Conditions of Sale, in the compliance with the provisions on distance selling by the Consumer Code.
The Client's right to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for non-acceptance, even partial, of an order.
The presentation of the Products on the Site, which is not binding on the Seller, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
ARTICLE 2: PURCHASE METHOD
The customer can only purchase the products present in the online catalog at the time of placing the order and viewable at www.amazuin.com, as described in the relevant information sheets. The order will be validly processed upon receipt by the Seller of the confirmation of the debit of the Price and of the costs for transport and delivery on the Customer's credit card or bank account.
The image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics, but may differ, for example, for color, size, accessory products shown in the figure and may vary at any time without any prior notice from the Seller. The Seller declines all responsibility for any inaccuracies relating to the Product sheet, as it has a purely illustrative function.
The correct receipt of the order is confirmed by the Seller by an e-mail reply sent to the e-mail address communicated by the Customer. This confirmation message will contain the date and time of receipt of the order and a Customer Order Number to be used in any further communication with the Seller. The message re-proposes all the data entered by the Customer, the essential characteristics of the goods, an indication of the price, payment methods, methods and costs of delivery and applicable taxes. The Customer must verify its correctness and promptly notify the Seller of any corrections to the following e-mail address: email@example.com.
In case of non-acceptance of the order, the Seller guarantees timely communication to the Customer.
Purchase requests from countries other than that selected by the Customer or destined for countries other than that of the Customer or destined for addresses where the Seller cannot send (for reasons, for example, of unsuitable approval of the Product ordered according to the regulations of the country of destination) cannot be accepted by the Seller.
In order to complete the purchase procedure of the Products, the Customer may alternatively:
• Enter from time to time all the data necessary for completing the order form;
• Register on the Site by entering the requested data in the appropriate form available on the Site and choose the personal code (Password) and the identification code (User-ID), coinciding with the e-mail address (from now on "Identification Tools") and complete the order form.
All the aforementioned data are subject to the provisions of Legislative Decree 30 June 2003 n. 196, concerning "Protection of the person and other subjects regarding the processing of personal data" and of the EU Regulation 2016/679 (GDPR), and can be modified at any time by following the procedure indicated for this purpose on the Site. In case of registration, the Customer's data will be stored by the Seller so that, once the first purchase is made, the Customer can use the Identification Tools chosen at the time of registration to continue with the order. In addition, the registered customer no longer must enter his data to conclude the purchase orders subsequent to the first.
The Identification Tools are personal and not transferable to third parties, they must be kept secret, and for security reasons, they must not be kept together, nor noted in a single document. If the Customer has forgotten the Password and / or User-ID chosen at the time of registration, he must contact the Seller at the following e-mail address: firstname.lastname@example.org.
ARTICLE 3: PRICES
The Products will be sold at the prices indicated in the online product sheet when the Customer confirms the order. The prices are to be considered inclusive of all applicable taxes or duties, VAT included, and expressed in Euros. Prices can change without notice.
Before the Customer confirms the order by clicking on the appropriate button, a summary of the prices of the products loaded on the cart, taxes and delivery costs will appear on the web page, which the Customer undertakes to pay to the Seller in addition to the price of the Products indicated on the Site. These data will then be automatically reproduced in the order form that the Customer sends to the Seller following the order procedures. If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order, and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties, expenses of customs clearance and any other additional sales tax that the Customer undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the country's law in which the products will be delivered.
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. The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous paragraphs at the time of sending the order to the Seller, cannot constitute cause for termination of this contract and cannot in any way charge the aforementioned charges to the Seller.
ARTICLE 4: ACCOUNTING DOCUMENTATION AND DELIVERY METHODS
For each order accepted and carried out, the Seller issues an invoice of the material sent, sending it by e-mail to the holder of the order, pursuant to art.14 D.P.R. 445/2000. For the emission of the invoice, they make faith the information supplied from the Customer to the action of the order. No change in the tax document will be possible after it has been issued.
The delivery of the Products purchased by the Customer will be made by the Seller by courier specifically appointed to the address indicated by the Customer. Each shipment contains: the ordered Product (s). Indicatively - but in any case without this implying any constraint for the Seller and subject to (a) the actual availability of the Products; (b) the periods of closure of the logistics warehouse for holidays, inventory, security checks; and (c) the occurrence of any causes of force majeure - the Products ordered will be delivered by the Seller to the selected courier within 3/5 working days from the date of the order.
In any case, no responsibility can be attributed to the Seller in case of delay in the order fulfillment or in the delivery of what has been ordered. Shipping costs, unless otherwise indicated, are added to the total cost of the order and are specified during the check-out procedure, before the purchase process is completed. The expenses are calculated automatically based on the weight, the volume of the items purchased and the geographical area of reference of the delivery.
The Customer can check the status of his shipment directly from the courier's website, thanks to the references that will be communicated via e-mail together with the notification of the shipment. Deliveries will be made to the address indicated by the Customer, who will take care of indicating a telephone number so that the courier can contact him before delivery.
ARTICLE 5: PAYMENT METHODS
The Customer can make the payment according to one of the methods provided on the Site (Credit Card, Paypal, Bank Transfer).
In case of use of credit card, contextually to the order by the Customer, the bank will authorize only the commitment of the amount relating to the order made. The amount relating to the goods processed, even
partially, will be charged to the Customer only upon communication to the Seller, by the courier, of the material shipment of the goods ordered.
If payment is made by bank transfer to the Seller, the Customer must use the Swift / BIC and IBAN codes shown in the order confirmation, as well as indicate the order number in the bank transfer purpose.
At no time during the purchase procedure, the Seller can know the information relating to the Customer's credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction and no Seller's computer archive will keep this data. In no case, therefore, the Seller can be held responsible for any fraudulent and undue use of credit cards by third parties, when paying for Products purchased on the Site.
ARTICLE 6: RIGHT OF WITHDRAWAL
Pursuant to the Consumer Code, if the Customer is a Consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 14 working days of receipt of the purchased Product.
To exercise this right, the Customer must send the Seller an explicit written communication to that effect (Return Form, for the text see below), within 14 working days from the date of receipt of the goods.
This communication must be sent: by registered letter with acknowledgment of receipt, addressed to: via delle Colombaie 31/F, Prato, Italy; or by fax +390574623832; or by e-mail to the following address: email@example.com.
Once the withdrawal notice has been received, the Seller's Customer Service will promptly communicate to the Customer the instructions on how to return the goods.
The Consumer must return the Product (s) or deliver it (them) to the Seller, or to a third party authorized by the Seller to receive them, without undue delay and in any case within fourteen working days from the date on which he communicated to the Seller his intention to withdraw from the contract. The Customer can choose at his discretion the courier or the postal service with which to make the return. We recommend using a service that also offers tracking of the goods so that he can verify the correct receipt of the return at his warehouse. The Seller will not respond in any way for damage or theft / loss of goods returned by uninsured shipments. The shipping costs for returning the product are charged to the Customer.
The purchased Product must be returned in its entirety and intact, therefore including its hygienic protection, with all the accessories, in the original packaging, complete in all its parts (including packaging, envelope, product identification tag and any documentation, etc.). The Customer can manipulate the Product in order to establish its nature, characteristics and functioning, but is responsible for the decrease in the value of the Product resulting from a manipulation other than that necessary for this purpose. In the event of prize operations or coupled promotional sales, in which the purchase of an asset is associated with another asset that is sold at a discounted (or given) price, the right of withdrawal will be legitimately exercised with the return of both the Products being purchased (given the constraint of the accessory of the good in promotion compared to the first). In the event that the Customer had benefited during the purchase phase of favorable conditions with reference to the shipping costs (for example, Free Shipping or similar), will not be able to use the aforementioned service but will have to return the Product according to the ordinary procedure.
The Seller, after checking the Product received and approving the return, will refund the price of the Product for which the Customer has exercised the right of withdrawal and the shipping costs incurred by the Customer at the time of the order (except for the costs additional deriving from its possible choice of a type of delivery other than the less expensive type of standard delivery offered by the Seller), and this within the
maximum term of 14 (fourteen) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer, using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise. The refund can be suspended until the goods are received or until the Consumer demonstrates that he has sent the goods back, if previous.
If there is no correspondence between the recipient of the Products indicated in the order form and who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be performed by the Seller, in every case, to the person who made the payment. In the event of damage to the goods during transport, the Seller will notify the Customer of the incident within the 5th working day from receipt of the goods in its warehouses, to allow him to promptly file a complaint against the courier chosen by him and obtain a refund of the value of the asset (if insured); in this case, the product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal. The Seller does not respond in any way for damage or theft / loss of goods returned by uninsured shipments. Upon arrival in the warehouse, the Product will be examined to assess any damage or tampering not caused by transport. The withdrawal notice (Return Form) must contain the following information: (a) recipient's address; (b) date; (c) the following text: I hereby notify you of my withdrawal from the sale contract of the following goods / services: list of goods / services; order number; order's date; (d) name and address of the Customer; (e) Customer's signature. A Return Form to be filled in can be requested at the e-mail address:firstname.lastname@example.org.
ARTICLE 7: WARRANTY AND COMPLAINTS
The Site mainly offers products marked with the AMAZUÌN brand, or those of companies having commercial partnership, purchased directly from the Seller. The Seller does not sell used goods, irregular or of inferior quality to the corresponding standards offered on the market.
The Products purchased on the Site are subject to the guarantee regulation, as applicable, pursuant to Directive 44/ 99/ EC and the "Consumer Code", articles 128 and following, on sales contracts concluded between professionals and Consumers and on guarantees relating to consumer goods and, although not contemplated therein, to the specific provisions provided for in the Italian Civil Code. Therefore, the Seller guarantees to the Consumer Customer that the Products are free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer, specifying that as regards some products sold on the AMAZUÌN website with the wording on the label "GARMENT DYEING", the following washing rules must be respected as it is an artisan dyeing. Some characteristic signs such as veins or different shades of color are to be consider peculiar aspects of such treatment.
The application of any guarantee in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings provided by the Seller, or indicated in the illustrative reference documentation, in tags or labels, is excluded. This guarantee will apply to the Product that has conformity defects and / or malfunctions not found at the time of purchase, provided that the Product itself has been used correctly and with due diligence, that is, in compliance with its destination and as provided in any documentation technique, with compliance with the various operating standards indicated therein. The aforementioned guarantee will not be applicable in the event of negligence or neglect in the use and maintenance of the Product.
The guarantee is personal and will therefore apply only to the original purchaser, being reserved exclusively for the Seller's Customers who qualify as Consumers. Any non-conformity of the Products (including non-conformity of the Product due to damage due to transport) must be reported to the Seller no later than 2 (two) months from discovery (term provided for by the Consumer Code) using the Form Returns that can be requested at the email address email@example.com. The form must be attached by the Customer at the time of return of the Product non-compliant with the copy of the order confirmation sent by e-mail by the Seller. The Seller may request the Customer to send photographic documentation by e-mail to support the reported non-compliance.
The timing of any repair or replacement of the Product depends exclusively on the policies of the manufacturer and no damage can be requested from the Seller for any delays in carrying out repairs or replacements. The Product, although allegedly non-compliant, at the time of return to the Seller to be repaired or replaced must be complete with the packaging and all the accessories and documentation received by the Customer at the time of purchase. The return of the Product without the original packaging, the accessories or the above documentation prevents the Seller from intervening on the Product itself and therefore makes repair and replacement impossible. The Seller reserves the right to verify the actual defect reported by the Customer and to have the repair or replacement carried out after this check. If, following verification by the Seller, the defect claimed by the Customer does not result in a lack of conformity, the Seller reserves the right to charge the Customer for the verification and restoration costs, as well as the related transport costs incurred. The Customer may choose to have the Products purchased at his own expense. If the Customer rejects the shipment, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the same. If the Product is not affected by a defect of conformity, it will be possible for the Customer to request a quote for a repair cost of the Product.
ARTICLE 8: LIABILITY
The Seller is not liable, except in cases of willful misconduct or gross negligence, of direct, indirect or consequential damages that cannot be foreseen on the date of signing of these General Conditions of Sale, suffered by the Customer or by third parties depending on the services rendered by him and / o for damages of any kind or for any reason connected with them, deriving from any failure to fulfill their obligations, even in the event of compensation for damages claimed by third parties for any reason. The Customer expressly acknowledges that the Seller's liability for any breach of the services referred to in the preceding paragraph is limited to, and in no case may exceed, the amounts received by the same and paid by the Customer in relation to the execution of the individual services to which responsibility refers. Any major damage, loss, cost or expense is expressly excluded.
The Seller's liability for any disservices and / or prejudices that derive from the Customer for reasons not attributable to the same or, in any case, for delays due to malfunction, failure or irregular transmission of information or causes beyond his is excluded. control including, without limitation, system delays or line drops, interruption in operation or lack of Internet connection or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or malfunction of the electronic, postal or electricity supply; from lockouts or strikes even of his staff, wherever they occur; impediments or obstacles determined by legal provisions or by acts of national or foreign authorities; by measures or acts of a judicial nature or facts of third parties; from other causes not attributable to the Seller and in general of any impediment or obstacle that cannot be overcome with criteria of ordinary diligence by the Seller in relation to the nature of the activity carried out.
The Seller has the right to suspend and terminate the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and safety of the services themselves, and to suspend its operation for precautionary reasons, without the Seller being able to be held responsible for the consequences of any interruptions or suspensions. The Seller is not responsible for any fraudulent or illegal use that may be made by third parties of the credit cards used by the Customer when purchasing the Products. The Seller, in fact, at no time during the purchase procedure can know the Customer's credit card number. Finally, any contractual and non-contractual liability of the Seller for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of an order by the Seller is excluded.
ARTICLE 9: PRIVACY
ARTICLE 10: INFORMATION AND COMPLAINTS
For any request for clarification or complaint, the Seller can be contacted at the following e-mail address: firstname.lastname@example.org.
ARTICLE 11: APPLICABLE LAW, CONCILIATION ATTEMPT AND JURISDICTION
11.1. Each sales contract concluded between the Seller and Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and the legislative decree of April 9, 2003 n. 70 on certain aspects of electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
11.2. In the event of disputes between the Seller and a Consumer, it will be possible to make an attempt at amicable conciliation that each Consumer can promote in front of an accredited body, also in video or audio conference.
11.3. If you do not adhere to the conciliation attempt referred to in point 11.2 above or if such attempt should have a negative outcome, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.