This document contains the general terms and conditions on the basis of which users are allowed to use the website www.ueilamilano.com which offers the sale of embroidered garments and accessories.
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
- Owner: Nicolò Pivoli, via Orti, 14, 20122, Milan, Tax Code PVLNCL79P17F205X, VAT number 11555290961, PEC address, email@example.com
- Application: the website www.ueilamilano.com
- Products: the products supplied to the user by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the natural person of age who concludes a contract for purposes unrelated to his/her business, commercial, craft or professional activity, if any
- Non-Consumer User: the natural person of legal age or legal person who concludes a contract for the performance or for the needs of his own business, commercial, craft or professional activity
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, you will not be able to use the Application or the related services. </ P>
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.
The Owner reserves the right to vary, at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application , communicating to the User, where necessary, the relative instructions.
All the Products offered through the Application are described in detail in the relative product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for supply of one or more Products through the Application are permitted for both Consumer and non-Consumer Users.
Purchases and/or requests for supplies are permitted to natural persons only on condition that they are of age. For minors, every purchase and/or request for the supply of Products through the Application must be examined and authorized by the parents or by those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and/or supply request, subject to confirmation and/or acceptance by the Owner according to as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain about anything for any reason and/or reason.
The contract for the sale or supply of the Products is understood to be concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, in which the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
4. Prices and payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to
calculate it in advance, the methods for calculating the price are indicated.
In addition, any taxes, additional costs and delivery costs will be indicated, which may vary according to the destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.
The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will be used as proof, releasing the Owner from any and all indemnity in this regard.
The tangible Products and/or digital goods provided on a tangible medium will be delivered to the address indicated by the User, in the manner and within the time limit chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the Products requested, prompt notice will be given by e-mail to the User, with an indication of when it is expected to be able to deliver them or of the reasons which make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he may request a refund of the amount paid which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event that evident damage is found to the packaging and/or to the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.
The non-consumer user does not have the right to withdraw from the contract for the sale or supply of the products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a non-consumer User, for whom the right of withdrawal is not provided.
Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address firstname.lastname@example.org, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the 14-day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In the event of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.
In the event of a correctly exercised withdrawal, the Owner will reimburse the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated its intention to withdraw from the contract.
The Owner is not required to reimburse delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
Unless the Owner has offered to collect the Product himself, he may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return if the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product ( accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
9. Optional form to exercise the right of withdrawal
The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address email@example.com before the expiry of the withdrawal period: I hereby communicate the withdrawal from the sales contract or supply relating to the following product __________ Order number:_______
Ordered on: _______
Name and Surname: _______ Address: ______
Email associated with the account from which the order was placed: ____________________ Date: __________
In relation to material Products, non-Consumer Users will be subject to the guarantees for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations ( Articles 1490 and following of the Italian Civil Code).
The legal guarantee of conformity, provided for by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of “consumer goods”, as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or specific quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. It is presumed that the Products comply with the contract if, where relevant, the following circumstances coexist:
- they are suitable for the use for which goods of the same type are normally used
- they conform to the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model
- present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made at the regard by the Owner, the manufacturer or his agent or representative, in particular in advertising or on labelling
- they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of conclusion of the contract and that the Owner has accepted also for conclusive facts.
Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or with the provisions of the documentation are excluded from the scope of the guarantee of conformity attached technique.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity . After 6 months, the Consumer User will have to provide proof that the damage did not originate from an incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, free of charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an appropriate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address firstname.lastname@example.org or by calling customer service on +39 3923429962.
The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
The Contents and/or materials available on the Application are made available on the basis of the terms of this “Creative Commons Public License CC BY-NC 4.0 IT” (hereinafter “Licence”). The Contents and/or materials available on the Application are protected by copyright, by other rights attributed by copyright law (related rights, database rights, etc.) and/or by other applicable laws. Any use of the contents and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that the same agrees to respect the terms and conditions of the Licence.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite, transform the contents and/or materials available on the Application by any means and format, but not for commercial purposes, provided that authorship is acknowledged and the User provides a link to the license and indicates if any modifications have been made. The complete license can be consulted at this address: https://creativecommons.org/licenses/by-nc/4.0/legalcode.it
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that will never have interruptions or will be free of errors or that will be free of viruses or bugs.
The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the Owner’s will or due to force majeure events.
14. Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions
connected to the use of the Internet beyond its control or that of its suppliers.
Moreover, the Owner will not be liable for damages, losses and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, since the User is only entitled to the full refund of the price paid and the any accessory charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, cardholder name, password, etc.)
The Owner will not be responsible for:
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner
wrong or unsuitable use of the Application by Users or third parties
the issuance of documents or data patico wrong due to errors in the data provided by the User, the latter being solely responsible for the correct insertion
In no case can the Owner be held responsible for a sum exceeding double the cost paid by the User.
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unpredictable and, in any case, independent events by his will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
16. Linking to Third Party Sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and,
therefore, it is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right to the Consumer User to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercise of the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
For Non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Owner is based.
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/