General conditions of Sale
1. Acceptance of the general sales conditions
2. Online Sales
3. Acceptance confirmation
4. Goods prices and how to purchase
5. Product delivery modes
6. Product Availability
8. Guarantees and after-sales support
9. Customer Obligations
10. Right of return and complaints
11. Payment methods and shipping costs
12. Termination clause
13. Jurisdiction and competent forum
14. Requests for information and contacts
15. Communications with the customer
17. Site ownership
18. Modification and updating of conditions
GENERAL CONDITIONS OF SALE
The offer and sale of products on the website www.isiandfriends.com are governed by these General Conditions of Sale.
Products purchased on www.isiandfriends.com web site are sold by RELC LTD, registered in the Register of Companies of Turin, Italy; Fiscal and VAT number 11205640011, share capital Euro 10,000 fully paid, with registered office in Turin, Corso Galileo Ferraris. 104, 10128 Torino, Italy.
The purchases are governed by the provisions of Legislative Decree no. 206 of 06/09/2005 and subsequent amendments (ref. Consumer Code) under which:
– “online sales contract” means a contract at a distance, by which the legal transaction concerning goods and / or services concluded between a seller, in this case RELC Ltd., through the online service www.isiandfriends.com, and a consumer is conducted under a distance sales system organized by the professional who, for this contract, exclusively uses the remote communication technology called Internet;
– “professional” means any natural or legal person acting in the course of their business or profession as an intermediary;
– “Consumer” means the natural person who acts for purposes unrelated to business or professional activity.
1. ACCEPTANCE OF GENERAL TERMS OF SALE
1.1 All online sales contracts will be concluded by accessing the site www.isiandfriends.com, where the customer can conclude the contract for the purchase of goods and / or the desired product following the instructions and procedures.
1.2 These Conditions of Sale are an integral and essential part of the sales contract and must, therefore, be examined online by the customer before completing the purchase process. The placing of the order thus implies full knowledge and expressed acceptance of both the General Conditions of Sale which are indicated in the order itself.
1.3 The General Conditions of Sale may be updated and / or amended at any time by RELC LTD through notification in its own web site pages. The customer accepts and undertakes to provide for their printing and conservation.
1.4 The Client, through the electronic transmission of their purchase order, expressly agrees and undertakes to observe the General Conditions of Sale in its relations with RELC Ltd., including the conditions of payment described below, declaring to have read and accepted all the information provided to him/her.
1.5 RELC LTD is not bound by general conditions different to those above unless previously agreed and accepted in writing.
2. ON LINE SALES
2.1 An online sales contract means a distance contract for the sale of movable property (hereinafter called Products) entered into between the Customer and RELC LTD as a Seller, as part of an e-commerce service organized by the Seller that, for this purpose, employs the distance communication technology called Internet.
2.2 To conclude the purchase of one or more products, the customer must compile the purchase order following the relevant instructions.
2.3 The Purchase Order contains: a reference to these Terms of Sale; information and images of each product and its price; the means of payment that can be used; the mode of delivery of the purchased products and their shipping and delivery costs; a reference to the conditions for exercising the right to recession.
2.4 Although RELC LTD take painstaking measures to ensure that the photographs displayed on their site are faithful reproductions of the original products, including the adoption of all existing technological solutions to minimize inaccuracies, variations may occur due to various technical features and color resolution within the computer used by the customer. RELC LTD will not be responsible for any inappropriate graphical representations of products displayed on the Site owing to such technical reasons, in consideration that such representations are for illustration purposes only.
2.5 Before concluding the contract, the customer must confirm that they have read the General Conditions of Sale including the information on the right of recession and the processing of personal data.
2.6 The contract is concluded when RELC s.r.l. receives the purchase order via the Internet, after verifying the correctness of the data relating to the order and subject to acceptance of payment.
2.7 The language with which to conclude the contract with the seller is Italian (or English) and the applicable law is that of Italy as defined below.
2.8 Once the contract is accepted, RELC s.r.l. will process the order for its fulfilment
2.9 The basic requirements to make a purchase on www.isiandfriends.com site are as follows:
The Client must
1) be not less than 18 years of age
2) be eligible to enter into legally binding contracts and be able to conclude them
3) have a valid e-mail address
4) be a Paypal account holder
3. ACCEPTANCE AND CONFIRMATION OF AN ORDER
3.1 When the customer places an order he/she agrees and undertakes to observe these Conditions of Sale in all relations with RELC s.r.l.
3.2 RELC s.r.l. may not be able to follow up those purchase orders that have insufficient guarantee of solvency or which are incomplete or incorrect, or in the event of unavailability of products. In such cases, RELC s.r.l. will inform the customer via e-mail that the contract has not been concluded and that the company has not proceeded with the order, specifying the reasons. In such an event, any monies paid will be refunded.
3.3 If the products presented on the site are no longer available for sale after the sending of the order, RELC s.r.l. will promptly, and in any case within thirty working days from the day following that on which the Customer has sent the order, advise the customer of the persisting non-availability of products ordered. In this case, the order cannot be completed and any monies paid will be refunded.
3.4 RELC s.r.l. reserves the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order or if the Customer is deemed ineligible, including, without limitation, any case of previous violations of Terms Contract for online purchase on the Site or for any other legitimate reason, or if the customer has been involved in fraudulent activity of any kind. RELC s.r.l. also reserves the right to refuse orders if the Customer has not complied with the purchasing procedure or has not accepted these Terms of Sale or is unable to furnish all data required for shipping and invoicing, or if the payment has not been successful.
4. PRICES AND HOW TO BUY
4.1 The selling prices of products displayed and indicated on the www.isiandfriends.com website consitiute an offer to the public pursuant to art. 1336 of the Italian Civil Code. They are expressed in Euro and include Italian VAT or other taxes regarding the sale, unless otherwise stated in writing.
4.2 The validity of the indicated price is exclusively that shown on the site at the time of order transmission via the Internet. Product prices and shipping costs may change without prior notice and, therefore, before sending your order, please check that the final selling price is known to you.
4.3 The total cost of shipping and transport will be clearly stated and displayed before completion of the order.
4.4 The purchase contract is concluded through the correct compilation and the consensus expressed by the accession data on line, subject to the successful completion of payment.
4.5 The customer can pay the ordered goods using the payment method indicated on line at the time of purchase.
4.6 The Products are shipped directly from Italy. Product prices and shipping and delivery costs indicated on the website and in the order, unless otherwise specified, do not include additional costs related to customs duties and related taxes for shipments to non-EU countries or in countries where local legislation has set import charges. *** Note: Italian VAT is not charged against orders to non-EU countries ***
4.7 Unless otherwise agreed, such costs are charged to the customer and must be paid by the customer upon delivery of the products.
t5. MODES OF DELIVERY OF PRODUCTS
5.1 RELC s.r.l. will consign the products selected and ordered by the Customer to a trusted courier, for rapid delivery to the address indicated on the order.
5.2 The goods purchased will be delivered within the terms of Article. 54 of Legislative Decree. N. 205/06, within thirty days from the day following that on which the consumer forwarded his order to the Seller. No responsibility can be attributed to RELC s.r.l. for late or non-delivery due to force majeure or unforeseeable circumstances.
5.3 Upon receipt, the customer must verify the integrity of packaging and the conformity of the product delivered to him with the order; thereafter, and without prejudice to recession rights, the Customer must sign for receipt. In the event of anomaly, the customer must point out and note down exactly the defect(s) with the courier and reject the delivery, otherwise he/she forfeits the opportunity to assert their rights.
5.4 With the completion of the purchase process data required to provide the customer with the procedure for the execution of this contract and subsequent communications, the Consumer and / or customer authorizes RELC s.r.l. to communicate non-sensitive personal data (residence and telephone number) to their trusted couriers and / or carriers used for the delivery of goods purchased, in order to enable the necessary procedures for delivery.
6. AVAILABILITY OF PRODUCTS
6.1 The customer may purchase the items indicated in the electronic catalogue on www.isiandfriends.com and in the quantities in stock; the insertion of any product on this site does not imply, nor does it ensure or guarantee that the product will be available for purchase through the Order.
6.2 In the event that the product purchased by the customer on www.isiandfriends.com is no longer in stock and not otherwise obtainable by the professional within the meaning of Article 54 of Legislative Decree. No. 205/06, RELC s.r.l. undertakes, by written notice in accordance with Clause II of the said Article, to refund as soon as possible, and in any case within 30 days, the monies paid for the product.
7.1 RELC s.r.l. is not responsible for problems due to force majeure (e.g. accidents, explosions, fires, strikes, earthquakes, floods) and other events that could prevent, in whole or in part, implementation of the contract in the time specified.
7.2 RELC s.r.l. is not liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer only entitled to a refund of the price paid.
7.3 RELC s.r.l. is not responsible for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products. At no time of the purchase procedure does RELC s.r.l. in fact, have knowledge of the Customer’s credit card number, which, by means of a secure connection, is transmitted directly to the manager of banking service (Paypal).
8. WARRANTIES AND CONDITIONS OF SERVICE
8.1 Legal guarantee for the consumer customer
The Consumer Customer, as defined in art. 3 of the Consumer Code (Legislative Decree no. 206 of September 2005), has the right to avail himself of the legal guarantee provided by the Consumer Code, Articles 128 to 132. inclusive. This guarantee provides, among other things, that the Consumer, subject to loss of right, forwards in writing to RELC s.r.l.. (via e-mail to email@example.com or by registered letter) the specific denunciation of the defect within two months of its discovery (art. 132 of the Consumer Code). Following this complaint, the consumer will be entitled to repair or replacement of the product, without prejudice to any other rights provided by law in favour of the consumer. Reference is made, in any case, for the discipline of the legal guarantee, to the rules of the Consumer Code referred to in Articles 128 and successive.
8.2 Legal guarantee for the non-consumer customer (Professional)
The Professional Customer, as defined in Art. 3 of the Consumer Code, has the right to seek the legal guarantee provided for in the Civil Code. This warranty provides, among other things, that the non-consumer customer, subject to revocation, must denounce to RELC s.r.l. any lack of conformity found in the product purchased within 8 (eight) days of discovery. The legal guarantee of the above is valid for a maximum period of 12 (twelve) months from delivery of the product. After this date RELC s.r.l., is no longer liable for non-conformity discovered by the Professional customer.
8.3 In order to request a substitution, the Consumer must make a complaint by following the right of recession procedure and RELC s.r.l. may authorize the return of the product for testing.
The risks and transport costs will be accepted by the sender / customer.
In the event that the alleged defect is verified, RELC s.r.l. will carry out, within a reasonable time, the remedy agreed upon, and credit the above transport costs. RELC s.r.l. reserves the right to charge the customer any costs incurred for product verification and for the return of the same, provided that it is free of such defects in the complaint, and referable to the date of delivery, different to that stated by the Customer.
8.3 For convenience, the customer can contactRELC s.r.l. by e-mail or by telephone via firstname.lastname@example.org or +39 392.3961130.
9. OBLIGATIONS OF THE CUSTOMER
9.1 Once the on-line purchase procedure has been concluded, the customer should print and keep these general conditions already examined and accepted as an obligatory step in the acquisition process, as well as the specific features of the product in order to meet the provisions of Articles 52 and 53 of Legislative Decree. No. 205/06.
9.2 The products offered on www.isiandfriends.com are aimed at customers over the age of 18 and, therefore it is strictly prohibited for persons under 18 years years old to conclude such on-line orders.
9.3 It is strictly forbidden for the customer to enter false, invented, or otherwise untrue information for the execution of this contract and the subsequent communications; personal data, address, telephone number and e-mail must be exclusively their proper personal information and not those of other persons or fantasy.
9.4 RELC s.r.l. reserves the right to denounce any such violation and abuse to the relevant authorities in the interests of and for the protection of all consumers.
9.5 The Customer indemnifies RELC s.r.l. from any liability arising from incorrect financial documents caused by errors in the data supplied by the customer, being himself solely responsible for the correct insertion.
10. RIGHT OF RECESSION AND COMPLAINTS
10.1 If the customer is a “consumer”, as defined in Article 3 of the Consumer Code, the rights set out in Article 52 et seq. of the Consumer Code, as amended by Legislative Decree 21 of 02/21/2014, he has the right to terminate the Purchase Agreement (the “Right to Recession”) for any reason, without explanation and without penalty, in the manner set out below.
10.2 The recession may be applied to all items (Total Recession) or to only a part of the purchased products (Partial Recession). The period of withdrawal shall expire after 14 (fourteen) days from the day when the consumer or a third party other than the Carrier and indicated by the consumer acquires physical possession of the Product(s).
10.3 The right of recession is excluded for the supply of goods made to customer specifications or clearly personalized, as required by Art. 59 of the Consumer Code.
10.4 The right of recession can be exercised by sending – before the expiry of the recession period as indicated above – by notification of recession by paper mail addressed to RELC s.r.l. Corso Galileo Ferraris. 104, 10128 TURIN or by e-mail to email@example.com.
10.5 The notification of recession must specify the intention to withdraw from the purchase and the product or products for which it intends to exercise the right of recession.
10.6 In the event that the consumer has exercised the right of recession he/she must return the product to RELC s.r.l..
The return of the product(s) shall take place within 14 (fourteen) days from the date on which the consumer has communicated his decision to recede in accordance with Art. 52 of the above-mentioned Consumer Code. This stipulated period will be met provided the consumer consigns the goods to a recognised carrier (e.g. Post Office, authorised Courier service) within the said 14 days.
10.7 RELC s.r.l reminds Consumers that transport costs for the return of product(s) subject to recession will be borne by the consumer and that the restitution is under the full responsibility of the consumer himself. RELC s.r.l. also reminds Consumers to check, before returning, that the product(s) which are subject to recession is / are intact and in a normal state of preservation, inserted in the original packaging and complete in all parts (including packaging, ancillary documents, tags indicating the bar code and any other material which forms part of the package).
Under current legislation, the Consumer is liable only for any diminution of the value of the product(s) resulting from any manipulation of the said product(s) beyond those effectively necessary to verify the integrity or correctness of the product.
10.8 If the right of recession has been properly exercised in accordance with Articles. 52 et seq., LTD s.r.l. will reimburse the Consumer the full amount paid, inclusive of delivery charges, within thirty (30) days from the date on which it was informed of the decision of the consumer to withdraw from the purchase contract. The amount will be refunded by the same means of payment used by the consumer for the initial transaction, unless expressly different by request of the Consumer. RELC s.r.l., pursuant to Art. 56 of the Consumer Code, as amended by Legislative Decree no. 21/2014, reserves the right to withhold the reimbursement until the product(s) have been received or or until the consumer has supplied evidence of having returned the product(s), depending on which situation occurs first.
10.9 The consumer who wishes to make a change of size or color must place a new order.
10:10 In addition to complying with the terms and procedures described above, the right of recession shall be deemed to have been correctly exercised if the following conditions are met:
a. The products must not be used, worn, washed or damaged
b. The products must be equipped with all tags, labels and original guarantee seals still affixed
c. Products must be returned in their original packaging
d. The returned products must be sent to the Seller in a single shipment
e. returned items must be consigned to the courier within fourteen working days
from the date of receipt of the products.
11. PAYMENT AND SHIPPING COSTS
11.1 The Customer shall make payment via PayPal. Together with the completion of the online transaction, PayPal will immediately charge the amount of your purchase. Payment via PayPal provides for the application to the total amount of additional funding, clearly demonstrated at the time of the payment method chosen.
11.2 In the event of cancellation, either by the Customer or in the event of rejection by RELC s.r.l, the amount set aside for the goods will simultaneously be credited to the customer’s PayPal account. The timing of re-credit via the payment instrument chosen in the Paypal account depends exclusively on PayPal and the banking system. Once the amount has been re-credited to the Customer’s Paypal account, under no circumstances may RELC s.r.l. be held liable for any damages, direct or indirect, caused by delays in re-crediting dependent upon Paypal or the banking system.
11.3 RELC s.r.l. reserves the right to request additional information from the Customer (e.g. Landline phone number) for determining the actual ownership of the PayPal account. In the absence of the required documentation, RELC s.r.l.reserves the right to refuse the order.
11.4 At no time during the purchase process is RELC s.r.l.able to obtain information concerning the buyer’s credit card or other information in his/herPayPal wallet. In no event can RELC s.r.l. be held responsible for any fraudulent and improper use of credit cards by a third party, regarding payment for products purchased on www.isifriends.mysitemobile.com.
11.5 If the consumer were to exercise the right of withdrawal, as provided in these Terms and Conditions, the amount to be refunded will be credited using the same means of payment used by the customer for the initial transaction, unless expressly different request of the consumer.
11.6 Unless otherwise agreed, the shipping costs are the responsibility of the customer and properly highlighted and detailed in the purchase order.
11.7 RELC s.r.l. will issue a bill for made to order, sending it via email to the customer at the end of the month in which the payment was made.
For a printed invoice, they will prevail on the information provided by the customer. RELC LTD therefore reminds the Customer to always check with the greatest attention, the accuracy of the information provided.
12. TERMINATION CLAUSE
12.1 RELC s.r.l. has the right to terminate the contract by written notice to the consumer and / or customer with adequate and justified reasons.
12.2 In this case, the customer shall only be entitled to a refund of the amount already paid.
12.3 The obligations assumed by the customer and the guarantee of successful payment made by the customer are essential and, therefore, the failure by the customer of any one of these obligations will lead to termination of the contract pursuant to Art 1456 cc, without any judicial decision, subject to the final right of RELC s.r.l. to sue for damages.
13.1 These Conditions of Sale are governed by Italian law and will be interpreted according to it.
13.2 The application, execution, interpretation and / or breach of purchasing contracts concluded on-line via the www.isiandfriends.mysitemobile.com web site is subject exclusively to Italian law and any disputes related and / or consequential the same shall be resolved exclusively by Italian judicial authorities.
13.3 If the Client qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same under applicable law or, at the choice of the consumer in case of action taken by the consumer himself, by the Turin Court .
13.4 In the event that the customer is acting, however, in the exercise of his business, commercial, craft or profession, the Parties shall establish by mutual consent to the exclusive jurisdiction of the Court of Turin.
14. REQUESTS FOR INFORMATION AND CONTACTS
14.1 For any further information, RELC s.r.l. It is available and can be contacted at the email address firstname.lastname@example.org or through the “CONTACTS” section.
15. COMMUNICATIONS TO YOU
15.1 The Client acknowledges, accepts and expresses his consent regarding the fact that all communication, certification and information on the operations performed, referring to the purchase of products, will be sent to the email address specified by the customer at time of placing the order .
16.1 In accordance with the provisions of Legislative Decree no. 196 of 30/06/2003, the processing of personal data of the customer will respect the dignity and rights of the customer in a transparent, serious and correct manner.
Under Article 16.2. 13 of Legislative Decree. N. 196/2003, we inform you that
a) The personal data provided or acquired verbally, written or electronic, will be used to allow the execution of the required services and / or information purposes;
b) The treatment will be carried out, as indicated in art. 4, paragraph a) of the said Decree. N. 196/2003, by automated or paper instruments only in order to store such data;
c) In some cases, treatment of customer data is strictly necessary to enable the implementation of the services required, and thus the refusal by the user to enter their details in the registration page, may make the execution of the said services impossible;
d) In any case, your data will not normally be communicated or disclosed to third parties;
e) The data collected will only be provided to third parties in the event that RELC s.r.l. makes use of external assignments or professional advice;
f) At any time, the Customer may request the update or removal of data in RELC LTD sending an e-mail email@example.com.
16.3 RELC s.r.l. informs the user that he/she may exercise the rights under Art. 7 of Legislative Decree. N. 196/2003.
Art. 7 – Right to access personal data and other rights
1. You have the right to obtain confirmation as to whether or not personal data concerns yourself, even if not yet recorded, and its communication in intelligible form.
2. You have the right to obtain information concerning:
a) the origin of personal data;
b) the purposes and methods of treatment;
b) the logic applied in case of processing with the aid of electronic instruments;
c) the identity of the owner, manager and the designated representative under Article 5, paragraph 2;
d) the recipients or categories of recipients to whom the data may be communicated or who can learn about them as appointed representative in the State, managers or agents.
3. You have the right to:
a) updating, rectification or, when applicable, integration of data;
b) the cancellation, transformation into anonymous form or blocking of unlawfully processed data, including that whose retention is not necessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement proves impossible or involves the use of means which are manifestly disproportionate to the importance of the data content.
4. You have the right to object, in whole or in part:
a) for legitimate reasons the processing of personal data, pertinent for collection purposes;
b) to the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
17. OWNERSHIP OF SITE
17.1 RELC s.r.l. owns the entire site www.isiandfriends.com, its content (e.g. images, characters, photographs, format scripts, software, illustrations, documents).
17.2 Any form of copying, transmission, alteration and redistribution to third parties is prohibited without a prior written request to RELC s.r.l. and subsequent written consent.
17.3 The use of the trademarks displayed on the site may not be used in a manner contrary to the law.
17.4 Improper use will be punished according to the law.
18. MODIFICATION AND UPGRADE OF THE CONDITIONS
18.1 RELC s.r.l. may at any time make modifications and / or additions to these Conditions of Sale.
18.2 The Customer is required only to accept the General Conditions of Sale in force at the time of his/her purchase. Any new General Conditions of Sale shall be effective as from the date of publication on the website www.isiandfriends.com and in relation to purchase orders submitted after that date.