SALES CONDITIONS AND LEGAL GUARANTEE
These General Terms and Conditions of Sale (hereinafter, "General Sale Conditions") govern the offer and sale of Etro products through the website www.etro.com (hereinafter, "Site").
The products marketed on the Site (hereinafter, "Products") are offered and sold by Arnaboldi S.r.l., with registered office at Via Monte Napoleone No. 5, 20121 Milan - Italy, Italian Tax Code 04427650157 and VAT No. 10298410159, registered with the Milan Companies' Register under No. MI-1362635, subject to the control and coordination of Gefin S.p.A., registered with the Milan Companies' Register under No. 09854950152, with registered office at Via Spartaco No. 3, Milan, Italy (hereinafter, "Seller").
On the Site, the Seller, under license by ETRO S.p.A., offers ETRO branded products for sale.
ETRO S.p.A., with registered office at Via Spartaco No. 3, 20135 Milan-Italy, Italian Tax Code and VAT No. 11905330962 and Companies’ Register No. 00600870133, Share Capital of EUR 41,833,260 is the owner of the Site and the owner of the ETRO trademark and will directly handle Customer Service and Complaints in full compliance with these General Sale Conditions through the contacts indicated in Clause 15 below.
SCOPE OF APPLICATION AND SITE NAVIGATION
1.1 The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree No. 70 of 9 April 2003, containing the rules of electronic commerce.
1.2 These General Sale Conditions apply to all sales made by the Seller on the Site.
1.3 The General Sale Conditions are the only ones applicable to purchase agreements between the user and the Seller through the Site and may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Sale Conditions. Each agreement shall be governed by the General Sale Conditions in force at the time the user places an order.
1.4 The applicable General Sale Conditions are those in force on the date the purchase order is sent.
1.5 These General Sale Conditions do not regulate the sale of products and/or the provision of services by parties other than the Seller that are shown on the Site through links, banners or other hypertext links. Prior to conducting business transactions with such parties, it is necessary to verify their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted through these links. The Seller is therefore not responsible for the contents of such websites nor for any errors and/or omissions and/or violations of law by the same.
1.6 The user is required to carefully read these General Sale Conditions, which the Seller makes available to him/her in the "General Sale Conditions" section of the Site brought to his/her attention with due care at the time of registration, as governed by Clause 3 of these General Sale Conditions, as well as when subsequently accessing the Site for individual purchases, using explicit references, and which he/she is allowed to store and copy, along with all other information that the Seller provides on the Site, both before and during the purchase procedure. By making a purchase on the Website, the Customer declares to have fully understood and accepted these General Sale Conditions and the General Conditions of Use of the Site and releases the Seller from providing him/her with any further reference to the General Conditions after the submission of the order form, without prejudice to the transmission of a summary of the General Sale Conditions together with the Order Confirmation, as duly regulated under Clause 4 of these General Sale Conditions.
1.7 Without prejudice to the mandatory rules of law, the user declares and accepts that all communications, information and contractual terms and conditions (including these General Sale Conditions), which will be provided or made available to him/her in electronic form, satisfy the requirement of written form, where this is required by applicable law.
1.8 These General Sale Conditions are applicable to those European countries in which the Seller markets its products and specifically: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, the United Kingdom, each of which is associated with a specific section of the Site ("Country"). It is understood that European citizens residing in countries not included in the "Country" list will be free to access the Country pages and purchase Products according to these General Conditions.
1.9 When the user first requests to visit the Site and in accordance with Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 (i.e., "Geo-Blocking Regulation"), the user may select the version of the Site, among those available, that he/she wishes to visit. This choice may be applied to the user's personal account, if the user has one, and shall not be repeated each time, as the same version of the Site is valid for all subsequent visits of the same user, without prejudice to the user's right to change it at any time by contacting Customer Service in the manner and at the contact details indicated in Clause 15 below, and without prejudice to accessibility to other versions of the Site available at any time. It should also be noted that, after the purchase process commences (which coincides with the moment when the user, to place a product in the shopping cart, clicks on "Buy"), the user may still choose to change the version of the Site he/she has previously selected, but this will interrupt the purchase process, empty the shopping cart and redirect the user to the Home Page of the version of the Site he/she has chosen according to the procedure described in the paragraph above. However, the following shall still apply: - in the case where it is necessary to block the user, to limit his/her access or redirect him/her to an alternative version of the Site for reasons related to the user’s nationality, place of residence or place of establishment to ensure compliance with a legal requirement under European Union law or domestic law applicable at any time, a clear and specific explanation of why it is necessary to block, limit access or redirect to an alternative version of the Site will be provided; - the Seller is entitled to make targeted offers and/or to establish different general access conditions (i.e., by preparing country-specific versions of the Site), including net sale prices, while still maintaining in all cases non-discriminatory treatment that is independent of the user's nationality, place of residence or establishment.
PURCHASES ON THE SITE
2.1 The purchase of Products on the Site is permitted only to persons who:
i. have reached the age of 18;
ii. are consumers, meaning natural persons who, in relation to the purchase of the Products, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity that may be carried out;
iii. do not fall within the case provided for in Clause 10.11 below
2.2 The user may purchase multiple Products with one order ("Multiple Order"). The Seller also reserves the right not to accept a Multiple Order if more than five pieces of the same article are in the same order;
2.3 In the event where these prohibitions are violated or in the case of irregular orders, from anyone, concerning the quantity of products purchased or the frequency of purchases made, the Seller reserves the right to take all necessary steps to put an end to the irregularities, including the non-acceptance or cancellation of irregular orders or, subject to a joint resolution with ETRO S.p.A., suspend access to the Site or cancel registration on the Site.
2.4 Finally, the Seller reserves the right to refuse or cancel orders coming from:
i. a user with whom a legal dispute is pending on the user’s breach of contract, and the non-payment of amounts from previous sales agreements;
ii. a user who has previously violated the terms and/or conditions of the purchase agreement with the Seller;
iii. a user who has been involved in any kind fraud and, specifically, credit card fraud;
iv. users who have issued false, incomplete or otherwise inaccurate identification data or who have not promptly sent the Seller the information and/or documents requested by the same within the procedure referred to in Clause 9.7 below or who have sent invalid documents.
3.1 Products may be purchased on the Site after registering on the Site or in "guest" mode.
3.3 Registration on the Site, by opening a personal account named "My Account", allows the user to:
i. save their addresses;
ii. save their payment details so that they can be reused to pay for subsequent purchases;
iii. access all information relating to orders and returns;
iv. follow the status of the order;
v. manage their personal data and update them at any time;
vi. Withdraw any consent expressed under Clause 1.9 above at any time.
3.4 The registration credentials (e-mail address and password) allow the user to make purchases on the Site. In any case, registration credentials must be kept with the utmost care and attention; they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them. The user also undertakes to inform the Seller immediately if he/she suspects or becomes aware of any misuse or undue disclosure.
3.5 The user guarantees that the personal information provided during the registration procedure on the Site and/or at any other time of his/her relationship with the Seller and/or with ETRO S.p.A. is complete and truthful and undertakes to hold the Seller and ETRO S.p.A. harmless and indemnified from any damage, obligation to pay compensation and/or penalty/fine deriving from and/or in any way connected to the user's violation of the rules on registration to the Site or on retaining registration credentials.
3.6 Registration on the Site and/or purchase through the Site constitute acceptance of these General Sale Conditions. The Seller will in any case take the necessary steps to ensure that the user is aware of the contents of these General Sale Conditions at the time of registration and/or subsequent access to the user profile (necessary to proceed with the purchase).
INFORMATION LEADING TO COMPLETING THE AGREEMENT
4.1 In accordance with Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, the Seller informs the user that:
i. to complete the purchase agreement for one or more Products on the Site, the user must fill in an order form ("order form") in electronic format and send it to the Seller electronically following the instructions that will appear from time to time on the Site;
ii. before submitting the order form, the user may identify and correct any data entry errors by following the instructions on the Site;
iii. by submitting an order form, the user represents and warrants that he/she is a bona fide user who is purchasing the Products for their personal use or for another person and that he/she will not deliver, sell or distribute the Products or purchase the Products for commercial purposes;
iv. once the order form has been received and registered and the validity of the User’s choice and means of payment has been confirmed ("Payment Authorisation", which will not entail any cost to the User), subject to the provisions of Clause 9.3 and subsequent sub-paragraphs, the Seller will send the order confirmation to the user’s e-mail address indicated containing: a summary of the General Sale Conditions, as well as the specific contractual conditions applicable to certain types of Product, information relating to the essential characteristics of the Product purchased or, in the case of a Custom-Made Product (see Clause 5.8 below), information relating to such product and the customisation options chosen by the user, a detailed indication of the price, the means of payment used, the costs and delivery periods and any additional costs as well as information on the right to cancel or its exclusion. Payment will be made only when the items contained in the order form are actually shipped (except for payments made using PayPal and Real Time Banking because of how such payment mechanisms function as described below under Clause 9);
v. the order form is accepted by the Seller only when the user receives the order confirmation, which will confirm the shipment of the Products purchased and available to the Seller. Only at this time will the agreements between the Seller and the user for the sale of the Products listed in the order confirmation be considered concluded. The user must verify the accuracy of the data in the order confirmation message and, in the case of errors, must promptly report them to the Seller. If one or more Products ordered by the User are unavailable, the Seller will send the order confirmation as soon as they are available, on the understanding that, if after 14 business days from sending the order no order confirmation is sent, those Products included in that part of the User's order will be considered declined by the Seller;
vi. the order form will be stored in the Seller's database for the time necessary to complete the order and, in any case, within the time limits established by law. To access their order form, the registered user can consult the "My Account - My Orders" section of the Site. 4.2 The languages available to users to complete the agreement are Italian, English, French, German, Spanish, Chinese and Japanese. Customer Service is able to communicate with users in Italian and English.
5.1 The Products offered on the Site are items of clothing and accessories (such as, for example, footwear, small leather goods, bags, eye wear, beauty and care accessories, perfumes, home accessories) bearing the ETRO trademark in the electronic catalogue published on the Site at the time the user places the order.
5.2 The availability of the Products, indicated on the Site at the time of the order form, must be considered merely indicative and subject to the Seller’s verification even if the availability of the Products is continuously monitored and updated. However, since several users may visit the Site at the same time, several users can purchase the same Product contemporaneously. In such cases, therefore, Products may be briefly available, out of stock or not immediately available, and it will become necessary to wait for their restocking.
5.3 Once the Customer’s order form is received, the Seller will verify the actual availability of the Product, under Clause 4.1 of these General Sale Conditions, and in the event of a positive response will confirm the order within the terms and in the manner set forth in Clause 4.1., paragraph (v). Only then can the on-line sale Agreement be considered completed. If the Product is not available, the Seller will inform the User of this circumstance, on the understanding that if the Seller does not respond within 14 business days, the order will be considered to have been refused by the Seller without any charge to the User. Any sums paid/charged, depending on the payment method used, will be promptly returned/released within the period specified in Clause 5.5.
5.4. Where the Seller finds that the Products are unavailable, the Seller - within the scope of the communication referred to in Clause 5.3 - may propose to the User: i. the same Product, with a new and extra delivery period, if the Product can be restocked. Accordingly, the Seller will send a communication summarizing the new terms and conditions, containing all the information referred to in the "Order Confirmation" referred to in Clause 4.1. (v). For the purpose of executing the Agreement, the User must communicate his/her acceptance, at the address indicated in Clause 15 of these Conditions, within 14 business days. If no reply is received within this time limit, the proposal will be definitively rejected. For payment purposes, the User will be asked to repeat the data entry payment procedures; ii. a different product, if the Product cannot be restocked, for the same or a different amount, within the terms and conditions set forth in Clause 5.4(i) above.
5. 5 If the Total Amount Due - consisting of the price of the Product, including VAT, any other applicable taxes or duties, delivery charges, if any, and any other additional costs, as resulting from the order - has been paid before the Order Confirmation, the Seller shall refund the Total Amount Due without undue delay and, in any case, no later than 15 calendar days from when the Customer is notified of the Product’s unavailability or for any other reason that does not result in executing the Agreement. The same period applies to the release of any amounts tied up by forms of payment that provide for such an eventuality, such as credit cards. The amount of the refund ("Refund Amount") will be communicated to the user by e-mail and credited to the same means of payment used by the user for the purchase. Any credit delays may depend on the bank, credit card type or payment solution used. In any case, the value date of the amount credited back will be the same as the date it was charged.
5.6 The provisions of this Clause also apply to a Multiple Order. Where the Seller finds that all or part of the Products making up the Order are unavailable, it shall promptly notify this in the forms and manner set forth in Clauses 5.3 and 5.4. If limited parts of the Products making up the Order are unavailable, the User may request to cancel the entire Multiple Order only if the interdependent nature of the unavailable Product(s) in the Multiple Order with respect to the other Products available in that Multiple Order is obvious and proven.
Pre-Ordered Products and Back-in-Stock Products
5.7 Without prejudice to the provisions of Clauses 5.1 to 5.6 above, the Seller reserves the right to:
i. offer the user the possibility to buy the Products of new collections in advance, before they are manufactured ("Pre-Ordered Products");
ii. offer Products for sale that, although not available at the time they are included in the Site’s electronic catalogue (because, for example, they are pending restocking), the user can still select to purchase ("Back-in-Stock Products")
Both the Pre-Ordered Products and the Back-in-Stock Products will be included in a specific section of the Site and/or will be identified by the wording "Pre-Ordered" or "Back-in-Stock"; on the Product Sheet of each Pre-Ordered or Back-in-Stock Product, as well as during the purchase process and, in any case, before the user is bound by the purchase agreement for the Pre-Ordered or Back-in-Stock Product, the date from when the Pre-Ordered Product will become available will be indicated. The user can purchase and pay for the Pre-Ordered and/or Back-in-Stock Products using the same procedures referred to in these conditions, excluding the Real Time Banking Method, which is not available for such products; once the order form has been sent, the user will receive an order confirmation e-mail, with the requirements set out in Clause 4.1, but specifically referred to the Pre-Ordered or Back-in-Stock Products; that e-mail will be sent separately from the one for the Products, differentiating between the Pre-Ordered and/or Back-in-Stock Products, potentially purchased by the user together with the Pre-Ordered and/or Back-in-Stock Products.
The Total Amount Due (excluding payment made using PayPal because of how such specific mechanism functions, as outlined below under Clause 9) for the Pre-Ordered and/or Back-in-Stock Products will only be charged when the Pre-Ordered or in Back-in-Stock Product is shipped: accordingly, where payment is made on-line with a credit card, no amount will be charged to the user before such date, but the Seller will but merely verify that the card is valid and has not been blocked, according to the provisions of Clause 9.2 below.
Those who purchase a Pre-Ordered and/or Back-in-Stock Product will be notified by e-mail of the Pre-Ordered and/or Back-in-Stock Product’s availability ("Availability Confirmation E-mail"). In the cases of missed or delayed delivery or in the case where the Pre-Ordered Product is not manufactured or when a Back-in-Stock Product does not become available again, the provisions of Clause 10.12 below will apply. All other provisions of these Conditions shall also apply, insofar as they are applicable.
5.8 The Seller reserves the right to offer the user the possibility to purchase "custom-made” Products, namely those products that, starting from a basic model, the user can choose to customize according to the options that are made available to him/her from time to time ("Custom-Made Products" - see also Clause 4.1 of the Conditions). Custom-Made Products will be included in a specific section of the Site and/or will be identified with the wording "Custom-Made"; the Product Sheet of each Custom-Made Product will show - during the purchase process and, in any case, before the user is bound by the Custom-Made Product’s purchase agreement - the starting date of the Custom-Made Product’s delivery period.
The same procedures and provisions set forth in Clause 5.7 above shall apply to Custom-Made Products, as well as, insofar as they are compatible, all other provisions of these General Sale Conditions. In any case, the user is reminded that both the right to replace the product (see Clause 8.3 below) and the right to cancel (see Clause 11 below) are excluded for Custom-Made Products
6.1. Each Product is accompanied by an information sheet illustrating its main characteristics ("Product Sheet"). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from their actual colours due to the settings of the computer systems or computers used by users to display them. The Product images on the Product Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood to be indicative and with tolerances for use. For the purposes of the purchase agreement, the Product’s description contained in the order form submitted by the user shall prevail.
7.1 All prices of the Products published on the Site are expressed in Euro (or local currency) and include the Value Added Tax - VAT in force at the time of submitting the order form and net of shipping costs. The user can review the Total Amount Due indicated on the order before placing the order.
7.2 The Seller reserves the right to change the price of the Products at any time without prior notice, on the understanding that the price charged to the user will be the price indicated on the Site at the time the order is placed and that no account will be taken of any changes (increases or decreases) after submitting the same.
7.3 In the event where a Product is offered on the Site at a discounted price, the full reference price against which the discount is calculated and the relative percentage discount will be indicated on the Product Sheet.
8.1 In the event where the Total Amount Due is not paid or the payment is not confirmed, the purchase agreement shall be considered terminated by operation of law under Article 1456 of the Italian Civil Code, without prejudice to the provisions of Clause 9.3. The user will be notified by e-mail of the agreement’s termination and the consequent cancellation of the order.
8.2 The Seller will ship the Products only after receiving the payment confirmation of the total amount due by the user. The risk of loss or damage to the Products for reasons beyond the Seller’s control, however, will be transferred to the user, when the latter, or another person designated by him/her other than the carrier, comes into material possession of the Products.
PAYMENT METHODS FOR SITE PURCHASES
9.1 Products purchased on the Site may be paid:
• by credit card, through one of the credit cards accepted by the Seller, as specifically indicated in the footer at the bottom right of each page of the Site;
• through one of the following "real time banking" payment methods:
- iDEAL, available only if the Purchase Country (see Clause 10.1 below) selected by the user is the Netherlands, and provided the user has an on-line account with one of the banks providing the service. The list of participating banks is available at https://www.currence.nl/en/products/ideal/licences-ideal/, section "iDEAL Issuing Licensees";
- SOFORT, available for the following Purchase Countries: Austria, Belgium, France, Germany, Italy, the Netherlands, the United Kingdom, Spain; and provided that the user has an on-line account with one of the banks providing the service. The list of participating banks is available at https://www.sofort.com/payment/banks/check/, by entering the relevant Purchase Country and the ABI code of the bank the user wishes to verify as offering the service;
(Unless otherwise specified, in these conditions, both and each of the "real time banking" payment methods listed above shall be referred to simply as "Real Time Banking Method");
• by PayPal payment solution.
• through the Klarna payment option for payment by instalments
• by Apple Pay payment solution
If one or more of the payment methods listed above cannot be used, also potentially for a specific Product, this will be clearly indicated on the Site, at the beginning of the purchase procedure or, at the latest, before the user completes the purchase and submits the order. In any case, the user cannot select unavailable payment method(s) during the purchase process.
9.2 For on-line payment by credit card, the Seller does not charge the Total Amount Due at the time the order is placed, but merely verifies that the card is valid and has not been blocked. The Total Amount Due will be charged only at the time of shipment, specifying that if a Multiple Order contains Products with different delivery dates, the charge will be split and will follow the shipments. Note that the card's validity and the absence of blocks are confirmed when requesting a payment authorisation, which is then received briefly afterwards without any additional cost for the user.
9.2.1 If on-line payments are made by credit card (excluding Maestro cards) or by PayPal, and the user checks the box "Use these payment details also for future purchases" on the "Purchase Details" page of the purchase process, the user authorises the storage of the data entered and their reuse, respectively, to pay for subsequent purchases on the Site, thus avoiding having to enter the data at each purchase ("One click buy"). The user may, at any time, withdraw their authorisation to reuse this data for subsequent purchases by logging into their personal account and clicking on "Remove" in the "Manage your payment details" section.
The Seller uses the secure payment service provided by the company Adyen N.V., which uses the SSL protocol. Confidential credit card details (card number, start date, expiry date, and security code) or PayPal account (e-mail address and password) are encrypted and transmitted directly to the payment manager without passing through the Seller's servers. The Seller, therefore, never has access to and does not store such data, except for, as regards only the data relating to the holder of the card or PayPal account, the case provided for in Clause 9.7 below.
9.3 If the user is unable to complete the payment of his/her order with one of the methods referred to in Clause 9.1 above (i.e., due to the card’s invalidity and/or the card being blocked during the verification procedure; lack of funds in the bank account; reaching the maximum expenditure limit, etc.) and if the Seller decides not to terminate the agreement under Article 1456 of the Italian Civil Code, the order placed by the user will be suspended and Customer Service will contact the user to propose him/her payment by European bank transfer.
9.3.1 If the user agrees to pay by bank transfer, Customer Service will send him/her an e-mail containing the bank details necessary to make the transfer.
9.3.2 The payment of the Products by bank transfer must be made no later than four business days from the date of receipt of the e-mail referred to in Clause 9.3.1. Once this time limit has expired without receiving payment, the agreement shall be terminated by operation of law under Article 1456 of the Italian Civil Code. The user will be notified of the agreement’s termination, which will result in the order’s cancellation and refunding the Total Amount Due, potentially paid late. Insofar as compatible, Clause 5.5 above shall apply.
9.3.3 For payment by bank transfer, the Product’s delivery period will start from the date of when the Seller receives the bank transfer. To facilitate connecting the payment received by bank transfer with the order, we ask the user to indicate the following information in the bank transfer:
- the order number;
- the date when the order was placed;
- the name and surname of the person placing the order, if different from those of the bank account holder from whom the transfer was sent.
The user is advised to promptly send the Seller, by e-mail, the receipt of the bank transfer.
9.3.4 The information referred to in Clauses 9.3.1, 9.3.2 and 9.3.3 shall be contained: (i) in the order confirmation e-mail referred to in Clause 4.1 (v) above, if not yet sent to the user, or (ii) in a specific e-mail, if the e-mail confirming the order as per Clause 4.1 (v) has already been sent to the user.
9.4 For payment using the Real Time Banking Method via iDEAL, the user, after selecting the payment method via iDEAL, will see a box containing a list of the banks participating in the service; the user can then proceed to select, from those listed, the bank through which to finalize the payment, and, after selecting it, he/she will be redirected to a special page of their bank, where he/she will be asked to enter their bank details (account number and debit card number) and complete the payment.
For payment using the Real Time Banking Method via SOFORT, the user, after selecting the payment method via Sofort, will be redirected to their home banking page and will be able to proceed with the payment, selecting the nationality and the name of their Bank, and then entering their User ID, PIN code, account number, transaction confirmation code, as well as any other information that the system may require, depending on the selected bank.
In both cases of payment using the Real Time Banking Method described above, payment must be made immediately. The access data to the user's home banking account are encrypted and sent directly to the payment manager without passing through the Seller's servers; the latter, therefore, never has access and does not store such data. The Total Amount Due will be charged to the account selected by the user at the same time as when the order form is sent through the Site. Unless otherwise provided for and/or agreed with the user, in the case where the purchase agreement is terminated and in any other case of refund, for whatever reason, the amount of the refund payable to the user will be credited to the user's payment account. Credit times depend exclusively on the company providing the service and/or the banking system. Once the credit order has been placed, therefore, the Seller cannot be held liable for any delays or omissions in crediting the amount of the refund; the user must contact the service provider directly for any complaints.
9.5 In the case of PayPal payments, the user will be redirected to the www.paypal.com website where the user will pay for the Products according to the procedure provided for and regulated by PayPal and under the terms and at the conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by it and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected to that account.
9.6 For payment with PayPal, the Total Amount Due will be charged by PayPal to the User at the same time that the User sends the order form. In the case where the purchase agreement is terminated and in any other case of refund, for whatever reason, the Refund Amount payable to the user will be credited to the user's PayPal account. The time within which the payment instrument connected to that account is credited depends exclusively on PayPal and the banking system. Once the order to credit that account has been placed, the Seller cannot be held liable for any delays or omissions in crediting the Refund Amount to the user; the user must contact PayPal directly for any complaints.
9.7 To ensure the security of payments made on the Site and to prevent possible fraud, the Seller reserves the right to ask the user, by e-mail, to send, by the same means, a double-sided copy of their valid ID card, and, in the case where the person placing the order is different from the holder of the credit card or PayPal account or ID card, the Seller may request, alternatively or in addition to the above, the authorisation code for the transaction referred to in the order given by the user. The request e-mail will specify the time limit by which the document must reach the Seller. This time limit shall in any case not exceed 5 business days from when the user received the request. Pending receipt of the information and/or document requested, the order will be suspended. The user is obliged to send the requested information and/or documents within the specified time limit.
In the event where the Seller does not receive that information and/or documents within the period specified in the request e-mail or receives incorrect or incomplete information and/or expired or invalid documents, the agreement shall be terminated by operation of law under Article 1456 of the Italian Civil Code and the order consequently cancelled, without prejudice to the Seller's right to claim compensation for any damage it may incur due to the user's non-compliant behaviour. The user will be notified by e-mail of the termination of the agreement no later than 5 days from the expiry of the time limit for sending the information and/or documents requested by the Seller, and this will result in the order’s cancellation and refunding the Total Amount Due, if any, already paid by the user, with the application of the refund procedures provided for in Clause 5.5, insofar as they are compatible. If the Seller receives the valid information and/or documentation within the indicated time limit, the delivery periods applicable to the Product will start from the date of their receipt.
9.8 In any case, the commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user at the address registered thereby.
DELIVERY OF THE PRODUCTS
10.1 The Delivery of the Products purchased on the Site is made in all countries listed in Clause 1.8 above:
a) to the shipping address specified by the user on the order form; or
b) to a qualified ETRO Boutique, where the service is available, selected from the appropriate section of the Site,
regardless of the user’s nationality, place of residence or place of establishment. Delivery can only be made within the borders of the Country associated with the Country in which the user is browsing when the purchase process begins - and until the moment in which it ends - by clicking on "Add to Cart" ("Purchase Country") (e.g., if the user - regardless of his or her nationality, place of residence or place of establishment - when starting the purchase process of the product x, by clicking on "Add to Cart" is navigating in Italy, the Product can only be delivered in Italy; this means that the user will have to collect the product in Italy or provide for cross-border delivery from Italy to the country of final destination by private means).
In the case of delivery to a qualified ETRO Boutique, the user will be able to collect the Product from the qualified ETRO Boutique during normal business hours. The customer will be notified by e-mail of the Product’s delivery availability at the qualified ETRO Boutique ("Ready to Collect Product Alert E-mail"). To collect the Product, the user must show a copy of the order confirmation or Ready to Collect Product Alert E-mail, also, potentially on an electronic device, together with personal identity document. The person who placed the order or a person delegated thereby may collect it; in the event where a person is delegated to collect the product, that person must produce not only the documentation indicated above (i.e., copy of the order confirmation or the Ready to Collect Product Alert E-mail, and a copy of the delegating person's personal identity document), but also the original of the authorisation form, duly completed and signed by the delegating person, as well as a copy of his/her personal identity document.
10.2 The user - regardless of his or her nationality, place of residence or place of establishment - is therefore required to enter a shipping address in the order form that is within the borders of the country associated with the Purchase Country. Orders that contain a shipping address outside of these boundaries will be cancelled in accordance with Article 1456 of the Italian Civil Code and the Total Amount Due reimbursed, if already paid, in the manner and within the terms set out in Clause 5.5 above, insofar as they are compatible.
10.3 Delivery in Italy, regardless of the user’s nationality, place of residence or establishment, will not be made: in the surrounding areas of Livigno and Campione d'Italia; in the Territory of the Republic of San Marino and Vatican City; to post office boxes or via general delivery. If the shipping address is a post office box or via general delivery or in one of the locations indicated, the Seller will terminate the agreement in accordance with Article 1456 of the Italian Civil Code and reimburse the Total Amount Due, if already paid, in the manner and within the terms set forth in Clause 5.5 above, insofar as they are compatible.
10.4 The shipping costs of the Products, which may vary according to the shipping method chosen by the user, and any other possible additional costs are to be paid by the user, unless an authorised ETRO Boutique has been indicated as the delivery address, or is otherwise indicated in the Product Sheet or in other parts where shipping is communicated. Their amount will be expressly and separately indicated (in Euro or in local currency and including VAT) in the Product Sheet and in the order summary and, in any case, before the user sends it, as well as in the order confirmation e-mail.
If it is necessary to reimburse delivery costs for cancelling a Multiple Order as referred to in Clause 11 below, Seller will reimburse the cost of those expenses only if the user intends to cancel the entire Multiple Order, in which case the cost will be reimbursed in full. Otherwise, no reimbursement will be made, considering that the delivery costs incurred by the user (which the Seller always calculates as a fixed amount, regardless of the number of Products ordered) are charged to the delivery of the other Products, other than those which the user had cancelled, which are part of the Multiple Order.
10.5 The delivery periods are those indicated in the Product Sheet, before the user sends the order, and in the order confirmation e-mail. These times commence from when the order is sent, without prejudice to the provisions of Clause 9.3.3. Where a delivery period has not been specified, it shall, in any event, be no later than thirty days from the date of executing the agreement. Delivery periods are calculated on business days only, excluding Saturdays, Sundays and public holidays.
10.6 At the time of shipment, i.e. delivery of the Products to the carrier, the user will be sent an e-mail confirming the shipment, containing a link that will allow the user to follow the shipment’s progress.
10.7 Deliveries using "express shipping" will be made via the couriers selected by the Seller and indicated, from time to time, in the order confirmation e-mail; they will, in any case, take place from Monday to Friday during normal office hours, excluding national holidays. The Seller reserves the right to use other carriers and/or to use different delivery methods. In this case, the variation will be indicated in the Product Sheet or other dedicated communication.
10.8 The delivery obligation is completed when the material availability or, in whatever way, the control of the Products is transferred to the user. To confirm delivery of a Product, the Seller requires a personal handwritten or electronic signature or a person who can do so at the delivery address indicated (unless otherwise provided by the user), which transfers the risk and responsibility for the Products purchased to the User.
10.9 The user is responsible for checking the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons beyond the Seller’s control, is transferred to the user when the user, or another person designated by the same and other than the carrier, comes into material possession of the Products, the user is advised to check the integrity of the packaging and the number of Products received and is requested, where possible, to indicate any irregularities on the carrier's transport document. If the packaging shows obvious signs of tampering or alteration, the user is recommended to notify Customer Service immediately. The application of the rules on the right to cancel and the legal warranty of conformity remains unchanged.
10.10 The user acknowledges that collecting the Product is his/her precise obligation under the purchase agreement. In the case where delivery cannot be made due to the recipient’s absence at the address specified in the order form, the courier will leave a notice in the mailbox containing its contact number. The courier will then make a second attempt at delivery. After two failed delivery attempts, the package will be held as "undelivered goods". Customer Service will then send an e-mail to the user to release the undelivered goods and ensure that the package is delivered to him/her as soon as possible. If necessary, Customer Service may agree with the user to change the shipping address. If this attempt is also unsuccessful or if the user does not respond to the Customer Service's attempt to make contact or in the case of failure to collect the Product from the selected ETRO Boutique, the Product will be returned to the Seller and, in any case, 15 calendar days after the first delivery attempt or receipt of the Ready to Collect Product Alert E-mail, the agreement will be terminated and the purchase order consequently cancelled under Article 1456 of the Italian Civil Code. The Seller will then proceed, within 15 business days after the agreement’s termination, to refund the Total Amount Due paid by the user, minus the costs of the Product’s unsuccessful delivery, the return costs to the Seller and any other costs incurred due to non-delivery caused by the absence of the recipient. The termination of the agreement and the refund amount will be communicated to the user by e-mail.
In the event where, before the expiry of the thirty-day period, the user requests to receive the Product again, the Seller will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the Product to the Seller and the storage costs.
10.11 Purchases cannot be made on the Site by those who failed to collect the package more than twice. In the event where the abovementioned persons place orders in violation of this provision, the purchase agreement may be considered terminated by operation of law in accordance with Article 1456 of the Italian Civil Code. The termination of the agreement will be communicated to the user via e-mail and the user will be refunded the Total Amount Due in the manner and terms set out in Clause 10.10 above.
10.12 In the event where the purchased Product is not delivered or is delivered late with respect to the delivery periods indicated in the Product Sheet and in the order confirmation, the user, in accordance with the Article 61 of the Consumer Code, shall ask the Seller to make the delivery within an additional period of time appropriate to the circumstances ("Additional Period under Article 61, paragraph III, of the Consumer Code"). If this additional period expires without the Products having been delivered to him/her, the user is entitled to terminate the agreement ("Termination of the Agreement under Article 61, paragraph III, of the Consumer Code"), without prejudice to the right to claim compensation for damages.
The burden of granting the Seller the Additional Period under Article 61, paragraph III, of the Consumer Code does not rest with the user ("Excluded Cases") if:
a) the Seller has expressly refused to deliver the Products;
b) compliance with the delivery period indicated during the purchase procedure and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the execution the agreement;
c) the user informed the Seller before executing the agreement that delivery by or on a specific date was essential.
In the Excluded Cases, if the user does not receive the Products within the delivery period indicated during the purchase process and in the order confirmation, he/she is entitled to terminate the agreement immediately, without prejudice to their right to claim compensation for damages ("Termination of the Agreement in the Excluded Cases").
The Additional Period indicated under Article 61, paragraph III, of the Consumer Code and notice of Termination of the Agreement under Article 61, paragraph III, of the Consumer Code or Termination of the Agreement in the Excluded Cases shall be communicated by the user to the Seller at the addresses indicated in Clause 15 below.
In the case of Termination of the Agreement under Article 61, paragraph III, of the Consumer Code or Termination in the Excluded Cases, the Seller shall refund the User the Total Amount Due without undue delay. Refund will be made in the manner set out in Clause 10.15 below.
In the event where the user does not set the Additional Period under Article 61, paragraph III, of the Consumer Code or, if the conditions are met, the Termination of the Agreement under Article 61, paragraph III, of the Consumer Code or Termination of the Agreement in the Excluded Cases, without prejudice to the possibility for the user to avail himself or herself at any time of such remedies and/or of the typical means of protection provided by law and, specifically, by Chapter XIV, Title II, Book IV of the Italian Civil Code, the Seller undertakes to inform the user promptly and by e-mail of the delay in delivery ("Delay Notice E-mail"), indicating at the same time the new reasonable delivery period, if available ("New Delivery Period").
i. The user must promptly notify the Seller, by sending an e-mail to the address indicated in Clause 15 below, of his/her acceptance of the New Delivery Period. If the Consumer does not receive the New Delivery Period notice within 3 days, it shall be considered to be accepted;
ii. In the case where the New Delivery Period ends without receipt of products, the consumer is entitled to terminate the agreement by giving timely notice to the addresses referred to in Clause 15 of these Conditions. The Consumer shall be entitled to a refund of the Total Amount Due within the time limits set forth in Clause 5.5;
iii. If the user does not express his/her intention to terminate the agreement despite the expiry of the New Delivery Period, and therefore intends to continue with the Agreement's performance, he/she will be entitled to be reimbursed the delivery costs, if already paid, no later than 10 business days from the expiry of the New Delivery Period or not to proceed with the payment of the same if not yet paid;
10.13 In the case of Multiple Orders for Products that must be delivered separately, the provision set forth in Clause 10.12 above will apply separately to each delivery.
10.14 In the event of failure to send the Delay Notice E-mail or to schedule the New Delivery Period in the same, the time limits for the rights referred to in Clause 10.12 above will commence from the original delivery date.
10.15 In all cases referred to in Clauses 10.10, 10.12 and 10.13 above in which a refund is payable to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same means of payment used by the user for the purchase. In the case of payment by bank transfer, the refund will be made by bank transfer; the Seller will ask the user for the bank details necessary to make the refund. Any delays may depend on the bank, the type of credit card used or the payment solution used. In any case, the value date of the amount credited back will be the same as the date it was charged.
A) Purchases on the Site
11.1 The user who is a consumer has the right to cancel the Product purchase agreement, without having to incur costs other than those provided for in Clause 11.6 below, within thirthy (30) calendar days from delivery of the Products in accordance with the provisions of Articles 52 et seq. of the Consumer Code. The cancellation period ("Cancellation Period") expires after 30 days:
a) for an order relating to only one Product, from the day on which the user or another person, other than the carrier and designated by the user, acquires physical possession of the Products; or
b) for a Multiple Order with separate deliveries, from the day on which the user or another person, other than the carrier and designated by the user, acquires physical possession of the last Product.
11.2 To exercise the right to cancel, the user must inform the Seller of their decision to cancel before the expiry of the Cancellation Period.
11.3 For this purpose the user may:
a) use the cancellation form made available on the Site within the order status area in "MyAccount" for registered users or within the order status page for a guest user ("On-line Cancellation Form"); or
b) send by e-mail to the address referred to in Clause 15 an explicit statement of their decision to cancel the agreement, indicating the order number, the Product(s) they intend to cancel and their address ("Cancellation Statement").
11.4. If the user opts to make a Cancellation Statement, it is in the user’s interest to use a durable medium on which to store the Cancellation Statement, as the burden of proof relating to the user's right to cancel before the expiry of the Cancellation Period lies with the user.
11.5 After exercising the cancellation right, the user must return the Products to the Seller in perfect condition, without undue delay and in any case no later than 30 calendar days from the date on which the user notified the Seller of his/her decision to cancel; the Product is deemed to be returned when it is delivered, within the above mentioned time limit, to the courier indicated by the Seller, or, as the case may be, to the courier chosen by the user ("Return Time Limit"). For returns, the user must follow the procedure indicated in Clause 11.6 below, as well as in the instructions made available to the user on the Site, prior to the conclusion of the agreement ("Standard Cancellation Instructions").
11.6 Within the Return Time Limit:
(i) the user who returns the Product from the same Country in which the Product was delivered to him/her, as results from the order confirmation e-mail (e.g., if the user - regardless of his or her nationality, place of residence or place of establishment - has requested that the Product be delivered to him or her in Italy, the prepaid return procedure referred to in this paragraph may be used only if the place of collection of the Product being cancelled is in Italy), shall return it, suitably protected and packed inside the original packaging, also including the product tag, using the courier provided by the Seller, attaching the pre-printed and prepaid label provided to the user together with the Product ("Courier Label") to the packaging of the Product to be returned. The user can contact the courier, whose contact details are indicated in the Standard Cancellation Instructions, to agree on the date and place where to collect the package. In this case, the user will not pay the costs to return the Product, which will be borne by the Seller, and the user will not bear the risk of loss or damage to the Product during shipment ("Prepaid Return").
(ii) the user who returns the Product from a Country other than the Country (indicated in the order confirmation e-mail) in which the delivery took place or, even in the case of the same Country, but with a courier of his or her own choice, must return it, suitably protected and packaged and under his or her own responsibility, using a carrier of his or her own choice and at his or her own expense, including any customs costs ("Return by Own Carrier") and sending it to the following address:
Via Monte Napoleone No. 5, 20121 Milan (MI), Italy
For Products that, due to their nature, cannot normally be returned by post, the Standard Cancellation Instructions referred to in Clause 11.5 above will indicate the estimated cost to return those Products.
11.7. If the right to Cancel is performed correctly, the Seller will reimburse all payments received from the consumer ("Total Amount Due") without undue delay and within fourteen days of receiving the package with the returned product. The right of the Seller to withhold the refund until it has received the goods or until the User has demonstrated that he/she has returned the goods, whichever is sooner, remains unaffected under Article 56 of the Consumer Code. The refund will be credited to the same means of payment used by the user for the purchase.
12.1 In addition to the Customer's right to cancel and return the Items in accordance with Articles 11 hereof, the Customer may also change his mind and exchange an Item within thirty (30) days, under the conditions provided for in Article 11.
In the event of an exchange request, the Customer may exchange an Item via the Website within thirty (30) days from the date when the item is delivered. The number of exchanged articles must be the same of the number of the returned articles.
Products can be exchanged to different colours and sizes but must be of the same price. Personalized Items or items made at the Customer's request, damaged Items as well as Items sealed (for example, perfumes) but which have been unsealed after delivery cannot be returned and exchanged.
The Customer may not make two exchanges for the same order, in the event of wishing to exchange Items which have already been the subject of an exchange, the Customer may return the Item(s) and get refunded.
The exchange of Items is subject to the availability of said Items on the Website or in the Store where the Customer has gone to make an exchange. In the event that the Item(s) are unavailable, the Customer will be refunded under the conditions provided for in Article 11.
LEGAL WARRANTY OF CONFORMITY
13.1 All products sold on the Site are covered by the Legal Warranty of Conformity provided by Articles 128 to 135 of Legislative Decree No. 206/2005 ("Consumer Code") ("Legal Warranty").
13.2 TO WHOM IT APPLIES
The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to their business, commercial, craft or professional activity.
13.3 WHEN TO APPLY
The seller (and, therefore, with regard to purchases made on the Site, Arnaboldi S.r.l.) is liable to the consumer for any lack of conformity existing when the product is delivered and which becomes apparent within two years of that delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proved otherwise, it shall be presumed that defects of conformity which become apparent within six months of delivery of the product already existed on that date, unless such presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month after delivery of the product, the burden of proving that the lack of conformity already existed when the product was delivered lies with the consumer.
To benefit from the Legal Warranty, the user must first provide proof of the date of purchase and delivery of the goods. The user should, therefore, keep the purchase invoice, which the Seller sends him/her, as well as the Waybill, or any other document that can certify the purchase date (e.g., credit card statement or bank statement) and the delivery date.
13.4 WHAT IS A LACK OF CONFORMITY
There is a lack of conformity when the purchased good:
i. is not suitable for the use to which goods of the same type are normally put;
ii. does not conform to the description made by the seller and does not possess the qualities of the goods which the seller presented to the consumer as a sample or model;
iii. does not have the usual qualities and performance of the same type of goods, which the consumer can reasonably expect, taking into account also the statements made in advertising or labelling;
iv. is not suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller when executing the agreement and that the seller had accepted.
Any inadequacies or defects caused by external and accidental events or by the user's responsibility or by a use of the product that does not comply with its intended use and/or with the technical documentation attached to the product are therefore excluded from the scope of the Legal Warranty.
13.5 REMEDIES AVAILABLE TO THE USER
In the case of a lack of conformity duly reported within the time limits, the user is entitled:
i. first, to the repair or replacement of the goods free of charge, at their choice, unless the remedy sought is objectively impossible or excessively onerous compared to the other;
ii. second (i.e. where repair or replacement is impossible or excessively expensive or where repair or replacement has not been carried out within a reasonable period of time or where repair or replacement previously carried out has caused significant inconvenience to the consumer), to the price reduction or termination of the agreement, at the consumer's choice.
The remedy sought is excessively onerous if it imposes unreasonable costs on the Seller compared to alternative remedies that can be used, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy can be used without significant inconvenience to the consumer.
13.6 WHAT TO DO IF THERE IS A LACK OF CONFORMITY
In the event where a product purchased on the Site, during the period of validity of the Legal Warranty, displays what could be a lack of conformity, the user can contact Customer Service at the addresses indicated in Clause 15. Customer Service will promptly respond to the communication, indicating to the user what subsequent steps he/she must take.
The Product that the user claims to have a lack of conformity must be sent to the Seller, which will verify whether the claimed defect exists, to the following address:
Via Monte Napoleone No. 5, 20121 Milan (MI), Italy.
To return the Product that the user claims to have a lack of conformity, the Seller makes available to the user, at the latter's discretion and without prejudice to the right to follow the return procedure with the carrier chosen by the user, the Prepaid Return procedure by courier identified by the Seller. For this purpose, the user may use the pre-printed and prepaid label made available to him/her in the package containing the Product, attaching it to the packaging of the product to be returned and following the procedure indicated on the label's accompanying sheet.
The Seller reserves the right to ask the user to attach to their request the purchase invoice and/or the Waybill or other document proving the purchase date and the delivery date
PROCESSING OF PERSONAL DATA
APPLICABLE LAW; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION/ON-LINE DISPUTE RESOLUTION
14.1 The purchase agreement executed on the Site is governed by Italian law and specifically the provisions of the Consumer Code, with specific reference to the provisions on distance contracts and Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce.
14.2 Users who do not have their habitual residence in Italy are reserved the application of any more favourable and mandatory provisions provided for by the law of the Country where they have their habitual residence, specifically in relation to the time limit in which to exercise their right to cancel, the time limit for the return of the Products, in the event of the exercise of such right, the procedures and formalities for its communication and the legal warranty of conformity.
14.3 For any dispute relating to the application, execution and interpretation of these General Sale Conditions, the court of the place where the user resides or has elected domicile shall have jurisdiction.
14.4 Under Article 141-sexies, paragraph 3, of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Seller informs the user who qualifies as a consumer as per Article 3, paragraph 1, letter a), of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the dispute thus arising, the Seller will provide information on the matter to the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from an agreement executed under these General Sale Conditions (also known as ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to use these bodies to resolve the dispute.
The Seller also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a), of the Consumer Code that a European platform for the on-line resolution of consumer disputes (i.e., the ODR platform) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to each of their websites and launch an on-line dispute resolution procedure in which he/she is involved.
In any case, the consumer-user is reserved the right to bring the dispute arising from these General Sale Conditions before the ordinary court having jurisdiction over the dispute, whatever the outcome of the out-of-court settlement procedure, and the possibility, if the conditions 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.
Furthermore, for any cross-border dispute relating to the application, performance and interpretation of these General Sale Conditions, the user, who is habitually resident or domiciled in a member state of the European Union other than Italy, may introduce the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 before the court or tribunal with jurisdiction, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, EUR 5,000.00 on the date on which the court or tribunal with jurisdiction receives the application form. The text of the Regulations can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.
CUSTOMER SERVICE AND COMPLAINTS
You may request information, send communications, request assistance or lodge complaints by contacting the Seller's Customer Service ("Customer Service") in the following ways:
- by e-mail, at email@example.com or by filling in and sending the contact request form, available in the "Contacts" section of the Site;
- through Chat service, which can be activated by clicking on the appropriate icon on the Site, if available;
- by standard mail, by writing to ETRO S.p.A., c/o Customer Care, Via Spartaco No. 3, 20135 Milan (MI)