GENERAL TERMS AND CONDITIONS OF SALE
The offer and sale of products via the www.riguardo.net website are governed by these General Terms and Conditions of Sale (GTCs).
1 Identification of the entity in charge of the offer (Seller)
The Seller is Passerini Nadia, with registered office in Via Chiavenna n° 19 Piacenza, Tax Code PSSNDA75D53G842Y – VAT No. 01634270332, telephone 389 853 2675, e-mail info@riguardo.net
2 Scope and acceptance of the general terms and conditions of sale (hereinafter GTCs)
2.1. Subject
The subject of these GTCS are the sales of products made through the website www.riguardo.net, which are governed by these GTCS and by the rules of the Consumer Code (Legislative Decree 206/2005 as amended), Legislative Decree No. 70 of 9/4/2003 on electronic commerce, as well as the general rules governing sales.
2.2. Scope of application
These GTCS apply to the sales of products by Passerini Nadia (the Seller) through the website www.riguardo.net to “consumer” customers, i.e. to natural persons who purchase for purposes that are not related to their own commercial, entrepreneurial or professional activity, if any.
Persons who purchase products on the www.riguardo.net website as part of their entrepreneurial, commercial, handicraft or professional activity (i.e., who enter their VAT number in the registration form) are not subject to the rules of the Consumer Code (Legislative Decree 206/2005 as amended) referred to in these GTC, but to the general rules dictated for contracts of sale.
2.3. Availability and applicability
The GTC are published on www.riguardo.net.
The GTC are binding on the customer, who views and accepts them before ordering by checking a box in which he declares that he has read, understood and approved them.
2.4. Changes to the General Terms and Conditions
The Seller reserves the right to amend the GTC at any time.
In the event of an amendment, the GTC shall apply from the date of publication on the website and shall become effective for orders received after publication.
2.5. Clause of the GTC
The nullity of a clause of these GTC shall not entail the nullity of the agreement in its entirety.
3 Products
Each product advertised in the catalogue on the site is described on the site.
The pictures illustrating the products are only indicative and are not contractually binding.
4 Prices
4.1. Sales Price
Prices are indicated in Euro, for each product advertised in the catalogue, including taxes but excluding shipping costs. Additional shipping costs will be indicated when the customer specifies the delivery address and in any case before payment of the price.
The price applied to the sale is the price in force on the date of the order.
4.2. Variations
The Seller reserves the right to change the prices of products offered on the website at any time. The customer will be charged the prices in force on the day the purchase order is submitted. It is therefore necessary for the customer to ascertain the final sales price before submitting the relevant order form.
5 Offer
5.1. Duration
Online sales offers are valid, unless otherwise specified, for as long as they can be displayed in the catalogue on the website and within the limit of available stocks, as specified in Section 6.3 below.
5.2. Acceptance and conclusion of contract
Acceptance of the offer by the customer is validated by the Seller’s confirmation of the order, which will be sent by e-mail to the customer.
6 Order
6.1. Conclusion of the contract
Before confirming the order, the customer is given the opportunity to check the order in detail, its price including all applicable taxes or levies and additional costs due to the type of payment chosen by the customer, the shipping costs (including any additional costs incurred due to having chosen a different and/or faster type of shipping and delivery than the standard one) and to correct any errors.
The telematic transmission of the order form implies the acceptance of these General Terms and Conditions of Sale and the Privacy Policy by the customer.
The Vendor will send the customer an email to confirm that the order and payment have been validated. Upon confirmation of the order by the Seller, the contract will be deemed to be concluded for all purposes and will become binding on both parties.
The order form will be archived for the period of time necessary to process orders and in any case within the terms of the law. The customer will be able to access his order by consulting the appropriate section.
6.2. Order validity
The Vendor reserves the right to refuse any order from a customer to whom disputes have arisen from an order previously placed, or with a customer who does not comply with these General Terms and Conditions of Sale. The Vendor reserves the right not to process orders that do not comply with its commercial policy.
6.3. Unavailability of products
In the event of unavailability of the products ordered, the customer shall be informed immediately and may choose another item from the range or cancel his order. If the customer chooses to cancel the order, he/she will be refunded without delay if the price has already been charged (or no later than 30 days after payment of the sums by the customer).
7 Withdrawal
7.1. Exercise of the right of withdrawal
Pursuant to Articles 52 et seq. of the Consumer Code, the customer has a period of fourteen days from delivery of the products to exercise the right of withdrawal and return the product(s) to the following address Via Chiavenna n° 19 Piacenza, telephone 389 853 2675, provided that he/she complies with the following procedures:
•Before returning the product(s), the customer must send an e-mail to the Seller informing him that he intends to exercise the right of withdrawal by specifying the order number to the following address: Via Chiavenna n° 19 Piacenza.
• Within 14 days of sending the withdrawal notice, the customer must send the product(s) to the following address: Via Chiavenna n° 19 Piacenza.
• For hygienic reasons, the right of withdrawal cannot be exercised if the product has been used, by removing the product seals. The product must be returned in its original packaging (in its box), complete, in perfect condition with its purchase receipt and packed with care by the customer.
• The customer shall pay the return shipping costs and shall be responsible for the return of the goods. For this reason, the use of express couriers or registered mail and not ordinary mail is recommended.
• The value of the returned products shall be refunded to the customer no later than 30 days after the date of receipt of the return by the customer. In order to be reimbursed, if necessary the customer shall provide the Seller with his/her bank details.
• The Seller shall execute the refund using the same means of payment used to purchase the returned products, unless the customer has expressly agreed with the Seller to use a different means of payment and provided that the customer does not incur any additional costs as a consequence of the refund. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of the right of withdrawal being exercised, shall be made by the Seller, in any case, to the person who made the payment.
The Seller shall notify the customer without delay of an acknowledgement of receipt of the notice of withdrawal.
8 Payment
8.1. Payment method
Payment is due upon validation of the order.
Payment for customer purchases is made through the PayPal or Stripe system.
In no case will any costs be charged higher than those actually incurred by the Seller, in relation to the payment instrument chosen by the customer.
8.2. Payment default
In the event of payment default, the Seller reserves the right to suspend delivery of the product(s) or to cancel the customer’s order.
9 Delivery
9.1. Delivery time
The Seller undertakes to deliver the product(s) within 5 to 7 working days after receipt of the corresponding payment.
Delivery times may vary depending on the place of delivery. Some remote locations may take longer.
9.2. Delivery procedures and delays
The customer is obliged to check the condition of the packaging and the contents of the parcel upon receipt of the goods and to indicate any delivery reservations in writing to the carrier if the parcel appears to have been opened or damaged. The signing of the delivery without reservation by the customer shall be considered as unconditional acceptance of the goods.
The Vendor cannot in any case be held liable for any deterioration in the quality of the products and their packaging due to shipping.
In the event of delays, damage or total or partial loss, it is up to the customer to take any legal action against the carrier.
9.3. Delivery conditions
Products purchased will be sent to the address indicated by the customer during purchase.
Deliveries are made by express couriers.
9.4. Delivery prices
Delivery prices (shipping costs) for Italy are EURO 7.99, while prices for other countries may vary. In any case, the delivery costs will be indicated when the customer specifies the delivery address and in any case before payment of the price. It is therefore necessary for the customer to ascertain the price of transport before submitting the relevant order form.
9.5. Conformity
If the products do not conform to the order, the customer must immediately inform the Seller in writing upon receipt by sending an email to info@riguardo.net in order to obtain an exchange of the goods or cancellation of the sale with a refund.
The customer shall keep the packaging and the shipping note.
If the Seller sends incorrect products, the customer undertakes to return them no later than 7 days after their delivery, in their original packaging (in their box), complete, in perfect condition.
Replacement products shall be sent to the customer at the Vendor’s expense.
9.6. Unavailability of products
In the event that the product(s) is no longer available, the Seller may suggest another product that is similar in terms of quality and price, it being understood that the customer may still cancel the order placed.
9.7. Non-delivery
In the event that the product(s) is not delivered due to the customer’s refusal, the sales contract shall be considered terminated and the products returned to the sender. The Vendor shall refund the customer the purchase price, retaining the shipping and return costs incurred.
10 Guarantees
10.1. Legal warranty
All products sold by the Seller are covered by the legal guarantee of conformity of 2 years pursuant to Article 132 of the Consumer Code (Legislative Decree of 06/09/2005 – No. 206). The lack of conformity of the product must be notified to the Seller within two (2) months of its discovery.
The Vendor undertakes, at the customer’s option, to refund or replace products that do not conform to the order.
10.2. After-sales service
Complaints relating to the guarantee must be sent to the customer service department, by e-mail: info@riguardo.net or by post to the following address: Via Chiavenna n° 19 Piacenza, specifying the nature of the defect found in the product.
The defective product must be returned in its original packaging (in its box), complete and in perfect condition.
Once the complaint has been verified by the after-sales service, the customer will be reimbursed the delivery costs within 30 days of receipt of the defective product by the Seller.
11 Liability
The Seller shall not be liable for failure to fulfil the contract in the event of force majeure.
The Seller shall not be liable to the customers or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in the event of the fault of the customers.
12 Intellectual Property
All materials on the website (drawings, models, illustrations, images, texts, logos, trademarks…) are the exclusive property of Passerini Nadia, via Chiavenna n° 19.
Any reproduction, distribution, transmission, modification or use of these trademarks and materials for any purpose whatsoever without the express agreement of the owner is prohibited.
13 Personal data
All personal data requested from customers will be used exclusively for the purpose of ensuring the correct execution of the contract, the fiscal registration of payment and the shipment of products.
In order to respond to the needs of its customers and to guarantee the best possible service, the Seller may keep some personal information concerning the customer for the time necessary to perform its contractual obligations and in any case for no longer than 10 years or otherwise required by law (Art. 2220 Civil Code).
For more detailed information on the processing of personal data, please refer to the specific section dedicated to the Privacy Policy available at this link https://www.riguardo.net/privacy-policy/
In order to allow easier navigation of the site, we use specific cookies. For more detailed information on the nature and use of cookies, please refer to the specific section on the Privacy Policy that can be consulted at this link https://www.riguardo.net/privacy-policy/
14 Resolution of disputes
14.1.Complaints
In the event of a dispute arising from the execution or interpretation of this contract, or in relation to an order, please contact customer service in order to reach an amicable solution by sending an email to info@riguardo.net or by ordinary mail by sending a letter to Via Chiavenna n° 19 Piacenza.
14.2. Jurisdiction and Applicable Law
With the exception of the provisions of Article 2.2, these GTC are governed by Italian law and in particular by the Consumer Code, Chapter I “Of Consumers’ Rights in Contracts”, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce. In any case, the consumer customer residing in another country of the European Union may demand the application of the mandatory rules of his national legal system.
The court of the place of residence or domicile of the consumer, if located in the territory of the EU, shall have jurisdiction for all civil disputes relating to this contract.
Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Vendor informs the customer that, in the event that he or she has filed a complaint, following which it has not been possible to resolve the dispute, the Vendor will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Terms and Conditions (so-called ADR bodies, as referred to in Articles 141 et seq. dd. ADR bodies, as indicated in Art. 141 et seq. of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute.
The Seller also informs the customer that a European platform for online resolution of consumer disputes has been set up (the so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/. Through the ODR platform, the client may consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
The customer’s right to bring an action before the competent ordinary court of law in respect of disputes arising out of these General Terms and Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the prerequisites are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
Version of 14/9/2020