- DEFINITION AND OBJECT OF THE CONTRACT
1.1 – This contract (“Contract”) is an off-premises contract in accordance with Art. 50 and ff. of Italian Legislative Decree no. 206 dated 6 September 2005 (the “Consumer Code”). The object of this Contract is the sale of goods between ERCOLANO Srl (owner of the Ercolano trademark) (“Ercolano”) and the customer (“Customer”).
The Contract is finalized directly through acceptance of a purchase order issued by the Customer over the Internet, following invitation to make purchases on the website ercolano.it (the “Website”) and/or through other off-premises methods of sale employed by Ercolano, on the basis of the procedures described in section 3 below.
1.2. – These general conditions of sale (“General Conditions”) and the stipulations of Art. 52 of the Consumer Code, as provided by Ercolano and presented on the Website, will remain valid and effective until they are modified and/or supplemented by Ercolano. Any modifications and/or supplements of the General Conditions will be effective beginning on the date that they are communicated to the public and will be applicable to any sales made from that date. The latest updated version of the General Conditions is that available on the Website.
Sale prices of the products shown on the Website and/or through any other off-premises method of sale employed by Ercolano include VAT (I.V.A.) and every other tax.
- PURCHASE AND PAYMENT METHODS
3.1 –Contracts over the telephone will come into effect upon communicating to the Customer (who contacted Ercolano by telephone and made, at that time, a purchase proposal by providing the agent with the necessary information to register the Customer’s name, the purchase order and the form of payment) that their request has been accepted.
3.2 – For purchase proposal submitted on the Website, the Customer will receive a summary e-mail from Ercolano communicating that the purchase proposal is being processed and will be considered as accepted, unless Ercolano communicates otherwise either by e-mail or over the telephone within 3 (three) calendar days from the date of receipt of the summary e-mail. Once that period has elapsed, the Contract over the internet will be considered as completed.
3.3 – Orders will be processed within 24 hours of receipt of the purchase order summary e-mail.
3.4 – Payments can be made via wire transfer.
- DELIVERY OF PRODUCTS – CLAIMS
4.1 – Ercolano delivers the products to the address indicated by the Customer within 4 working days for shipments to Italy and within 4 working days for shipments abroad.
4.3 – Any claims must be sent to this address: firstname.lastname@example.org
- PRODUCT AVAILABILITY
Ercolano accepts the Customer’s orders within the limits of the quantity of ordered products on hand in the warehouse. Therefore, the acceptance of the Customer’s purchase order by Ercolano is subject to warehouse availability of these products. Ercolano will make every effort to promptly inform the Customer of any unexpected shortages of product stocks due to high demand or other reasons.
- WARRANTIES AND ASSISTANCE
Rules and regulations on warranties and assistance regarding the sale of consumer goods apply to Ercolano products purchased by the Customer.
- CUSTOMER’S OBLIGATIONS
The Customer assures and declares: (I) to be a consumer in accordance with Art. 3 of the Consumer Code; (II) to be of legal age; (III) that the information provided by the same to execute the Contract is true and accurate.
- RIGHT OF WITHDRAWAL
8.1 – The Customer shall be entitled to a period of 7 (seven) days upon receipt of the goods to withdraw from the Contract without being liable to any penalty and without giving any reason. Right of withdrawal may be exercised, by no later than the term specified above, by making a telephone call or by written notification to Ercolano as indicated in section 4 above, by recorded delivery (with notification of receipt). Notifications may also be sent, by the same term, by telegram, telex, e -mail or facsimile machine.
8.2 – To exercise the right of withdrawal, the Customer must return the products to the address found on the invoice, following the instructions therein, within 7 (seven) days of receiving the goods. In accordance with Art. 55, Paragraph 2, of the Consumer Code, the Customer does not have the right of withdrawal in the following cases: purchase of sealed audio-visual products or software that the Customer has opened; purchase of custom-made or personalized products, or products which by their nature cannot be returned or are liable to deteriorate or expire rapidly (foodstuffs, cosmetics, flowers, etc.); purchase of newspapers, periodicals, or magazines.
8.3 – Costs associated with returning the products are the responsibility of the Customer. Within 7 (seven) days of receiving the returned products from the Customer, Ercolano will reimburse: (1) the entire sum paid by the Customer if the product is returned intact with all its parts and operations; or (2) the part of the price equal to the product that is effectively returned by the Customer in the case that the Customer has used the product in a noticeable way and/or used the product in such a way that its value has significantly depreciated.
8.4 – The return of the money by Ercolano to the Customer will take place through the same payment method with which the Customer had initially paid the order amount.
- APPLICABLE LAW
This Contract shall be governed by Italian laws. The Court of Sorrento (NA), Italy, will be competent for any dispute arising from the application, execution, interpretation and breach of this Contract.
The Ercolano trademark belongs to:
via San Renato,17
80067 Sorrento (NA), Italy
VAT no. 02767921212