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GENERAL CONDITIONS OF SALE
1. PURPOSE OF THIS DOCUMENT
1.1 These General Conditions of Sale (the 'General Conditions') have been drawn up in accordance with Title III, Part I of Legislative Decree No. 206 of 6 September 2005 (the Consumer Code) and govern the sale by Excelsior Milano S.r.l. Excelsior, registered office Via Terraglio 17, Venezia-Mestre (VE), tax code and VAT No. 04391470277 ('ExcelsiorExcelsior') - to the end-consumers purchasing (the 'Clients') the products (the 'Products') marketed via the dedicated area of the website www.excelsiormilano.com (the 'Site').
For the purposes of these General Conditions, 'end consumer' shall mean any individual acting for purposes other than any entrepreneurial, commercial or professional activity or handicraft exercised or carried on.
Information about these General Conditions and/or purchases made on the basis of the same can be obtained by completing the assistance request form to be found on the relevant area of the Site [www.excelsiormilano.com/contact].
2. PROCEDURE FOR CONCLUSION OF THE CONTRACT
2.1 The information and details set out in the area of the Site that specifically deals with e-commerce shall not be treated as an offer and instead simply comprise an invitation to Clients to conclude business by submitting an offer to purchase.
The Client makes an offer to purchase the Products when the order form in electronic format that the Client is required to complete and confirm in the order summary screen is sent.
The offer to purchase must not contain more than 50 Products.
Where the Client requires an invoice, this option must be selected in the order form.
The Client may also provide a delivery address that is different to the address given as part of the personal details provided.
The Client must only confirm and submit the order as final at the end of the purchase process, by clicking on the "Ordine con obbligo di pagare" [Order with obligation to pay] button that appears on the last page of the purchase procedure.
Once the order form has been sent as final, a page will appear that sets out a summary of the order; an e-mail confirming receipt of the order will also be sent.
By sending the order form, the Client accepts that any purchase contract will be governed by these General Conditions.
2.2 Orders are subject to acceptance by Excelsior, who reserves the right to refuse, at its sole discretion, any order submitted where:
the information provided by the Client when completing the order form is incomplete or incorrect;
the Client does not qualify as an end consumer or is unable to comply with the terms of payment;
the Products ordered are unavailable. In such circumstances, Excelsior will not be liable for changes in availability of certain Products. Where only a certain number of the Products ordered are unavailable and there are no other grounds for a legitimate refusal to accept the order submitted, Excelsior shall be entitled to process the order submitted solely in relation to those Products that are in fact available.
In the circumstances set out above, Excelsior will inform the Client via e-mail that the order submitted has not been accepted (in whole or in part), explaining why, and the contract will not, therefore, be concluded. In such circumstances Excelsior will reimburse the Client with any amounts that the Client has already paid.
2.3 The purchase contract between the Client and Excelsior will only be concluded when the Client's order has been accepted by Excelsior. In such circumstances, Excelsior will send the Client confirmation that the order is being processed, using the e-mail address provided by the Client.
3. PRICES AND TERMS OF PAYMENT
3.1. The sale prices for the Products and the Services and the delivery charges and methods of payment are as set out on the Site and are in euros.
The sale prices for the Products include VAT but do not include delivery charges, which will be calculated before the order is sent by the Client and will be added to the final amount due.
Excelsior reserves the right to change the prices set out on the Site at any time; price changes will not, however, apply to Products in orders that have already been sent by the Client.
In no circumstances will Excelsior be held liable for any price changes.
3.2 The Client undertakes to pay the price of the Products purchased via one of the following payment methods:
Credit card online: payment with Visa, Mastercard, American Express, Maestro, Diners.
Credit card payments are handled directly by Cybersource secure servers that use protocols with 128-bit SSL encryption protocols, with the security of online transactions thereby guaranteed. This means that the Client's credit card details are not disclosed to Excelsior.
Once the order submitted has been received, Excelsior will submit a pre-authorisation request on the Client's credit card in order to ensure that the Client has sufficient funds available to complete the transaction.
Credit cards will be subject to checks and authorisation by the card issuer. Excelsior will not be held liable for a failure by the card issuer in question to provide authorisation.
Once the contract has been concluded in accordance with Clause 2 above, the debit on the credit card will become final, without prejudice to the mandatory rules concerning the right of withdrawal and/or the statutory guarantee.
4. DISPATCH OF PRODUCTS
4.1. The Products will be delivered within the timeframe and in accordance with the delivery service selected by the Client from amongst the options provided on the Site.
The costs of transport will be borne by the Client. They will be calculated before the order is sent by the Client and may vary on the basis of the delivery service chosen in advance and the quantity of the Products purchased.
Once the Products have been dispatched, Excelsior will inform the Client by e-mail of this, explaining how to track progress.
Where dispatch is delayed for reasons beyond Excelsior 's control, the Client will be advised promptly by Excelsior's customer care team.
4.2 Excelsior will deliver the Products purchased to the address provided by the Client and in accordance with the delivery procedure set out below.
The products will be dispatched by courier.
Delivery will be scheduled for between three and five business days from the date on which the order was confirmed by Excelsior. Express delivery is not currently available.
Delivery will be without appointment and on street level between 8.00 am and 19.00 pm, Monday to Friday.
The e-mail confirming dispatch will contain a code that the Client can use on the courier's website to track progress.
4.3 Excelsior is released from any liability in the event of a delay as a result of events, acts, facts or circumstances that could not have been foreseen when the contract was concluded, are inevitable or beyond its control (e.g. strikes, riots or natural disasters, etc.). In such circumstances, Excelsior will promptly notify the Client of the new timescale for delivery and shall make every effort to comply with its obligations in full as established in the contract.
For the purposes of these General Conditions, delivery will be deemed to have taken place upon signature confirming receipt of the products at the delivery address agreed upon.
5. RIGHT OF WITHDRAWAL
5.1 The Client is entitled to withdraw from the contract concluded with Excelsior without giving any reason within 30 days from the date on which the Client, or a third party other than the carrier (courier) and appointed by the Client, takes physical possession of the Products ordered. Where a contract relates to a number of products ordered by the Client in one single order and delivered separately, the withdrawal period will expire 30 days from the day on which the Client, or a third party other than the carrier (courier) and appointed by the Client, takes physical possession of the last of the products.
5.2 In order to exercise the right of withdrawal, the Client must expressly notify Excelsior of its decision to withdraw from the contract. To do so, the Client can:
contact Customer Care using the form in the Contacts area of the Site [www.excelsiormilano.com/contact]. Excelsior will send confirmation of receipt of the request of withdrawal to the Client's e-mail address without delay;
send notice (e.g. by fax, e-mail or post) to Excelsior - Gruppo Excelsior Milano S.r.l., Corso Europa 13, 20122 Milano, fax +39 0276307301, e-mail email@example.com.. The Client may also use the standard withdrawal form for this purpose, which can be downloaded here.
In order to meet the deadline for withdrawal, it is sufficient for the Client to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6. EFFECTS OF WITHDRAWAL: TIMESCALE AND PROCEDURE FOR A REIMBURSEMENT OF THE PRICE OF THE PRODUCTS RETURNED
6.1 In case of withdrawal from the contract entered into with Excelsior, any payments made to Excelsior will be reimbursed to the Client, net of any discounts and/or promotional offers, including delivery costs, without any undue delay and in any event no later than 14 days from the day on which Excelsior was informed of the Client's decision to withdraw from the contract. The reimbursement may in any event be withhold until receipt of the Products or until the Client has supplied evidence that the Products have been sent back, whichever is the earliest.
Reimbursements will be processed using the same means of payment used by the Client for the original transaction, save where agreed otherwise with Excelsior. The Client will not, however, incur any costs as a result of the said reimbursement.
Where the recipient of the Products as stated in the order form and the person who paid the amounts due for the purchase of the Products are not the same, where the right of withdrawal is exercised, Excelsior shall reimburse the person who made payment.
6.2 Products are to be returned via a freight forwarder to the following address:
Excelsior – Excelsior Milano S.r.l., Corso Europa 13, 20122 Milano
without any undue delay and in any event within 14 days of the day on which the Client communicated the withdrawal from the contract. This deadline will be met if the Products are sent back before the 14-day period expires. The direct costs of returning the Products will be borne by the Client.
In particular, before returning the Products, the Client is required to check that the Products in relation to which the withdrawal right has been exercised are in a normal state of preservation, still in their original wrapping and intact (including packaging and accompanying documentation).
6.3 In accordance with the law in force, the Client shall be liable for any diminished value of the Products as a result of handling other than what is necessary to establish the nature, characteristics and functioning of the Products. Where Products are returned other than in excellent condition or are damaged, worn or otherwise altered or handled beyond the extent strictly necessary in to established their nature, characteristics and functioning, Excelsior will be entitled to withhold, from the total amount to be reimbursed, an amount equal to the cost of reconditioning the Products subject to a maximum amount that is equal to their overall value.
7. PRODUCTS, CUSTOMER ASSISTANCE AND STATUTORY GUARANTEE
7.1. The Products displayed on the Site are products owned by Excelsior or other products legitimately sold by Excelsior.
While the characteristics of each Product are set out on the Site in each 'product specification', the colours of the Products may not be a perfect match with the actual colours as a result of the effects of the internet browser and monitor used by the Client.
7.2 For any aspect of post-sales assistance, the Client should contact Site Customer Care using the form in the Contacts area of the Site [www.excelsiormilano.com/contact]. Alternatively, the Client can contact the Excelsior (e.g. by fax, e-mail or post) to: Excelsior – Excelsior Milano S.r.l.., Corso Europa 13, 20122 Milano, fax +39 0276307301, e-mail firstname.lastname@example.org.
7.3 Where the Client considers that the Products purchased are defective, they can be returned as follows:
by contacting Customer Care using the form to be found in the Contacts area of the Site [www.excelsiormilano.com/contact];
sending the Products in question to:
Excelsior – Excelsior Milano S.r.l., Corso Europa 13, 20122 Milano.
The Client must follow the instructions provided by Customer Care and, in the event of any doubt regarding the packaging or delivery address, should contact Customer Care using the form in the Contacts area of the Site [www.excelsiormilano.com/contact.
The Products must be returned in their original wrapping, which must be complete in all of its parts, including packaging and accompanying documentation
7.4 Excelsior will examine the Product carefully and confirm or otherwise that the returned Product has been accepted as 'defective'.
Where defective Products are accepted, Excelsior will fully reimburse the Client, including the direct costs of returning the Products borne by the same, without prejudice to the rules concerning the statutory guarantee, if applicable. Reimbursements will be processed using the same means of payment used by the Client for the purchase of the Products.
7.5 The Products purchased on the Site by a Client as a 'consumer' are covered by the statutory guarantee of conformity that binds the vendor (i.e. Excelsior) by law in relation to each good sold pursuant to Title III Part I, Articles 128 et seq. of the Consumer Code (referred to as the 'Statutory Guarantee').
The Statutory Guarantee guarantees the good in relation to any lack of conformity with the contractual specifications.
Where, pursuant to the Consumer Code, the Statutory Guarantee applies, the Client will be entitled to have the goods brought into conformity free of charge by repair or replacement; where this is not possible, the Client will be entitled to an appropriate reduction in the purchase price or termination of the contract.
Excelsior is therefore liable for the conformity of the Products if any lack of conformity becomes apparent within two years of the date of the delivery of the Products.
The Client must report the lack of conformity to Excelsior within two months of discovery of the same, under penalty of forfeiture. The report is to be submitted by contacting Site Customer Care using the form in the Contacts area of the Site [www.excelsiormilano.com/contact] or by writing (by fax, e-mail or post) to: Excelsior – Excelsior Milano S.r.l., Corso Europa 13, 20122 Milano, fax +39 0276307301, e-mail email@example.com.
For further information about the Statutory Guarantee, please contact Customer Care.
8. PERSONAL DATA PROTECTION
8.1 In terms of compliance with all requirements in relation to the collection and processing of Clients' personal data and the purposes of the same, please see the notice on the Site in the new-client registration area; this notice can also be found on the following link: [www.excelsiormilano.com/content/2-privacy-policy].
9. APPLICABLE LAW AND DISPUTE RESOLUTION
9.1 The General Conditions of sale of the Products are governed by Italian law in particular by Legislative Decree No. 206 of 6 September 2005 (the Consumer Code) specifically in relation to the provisions governing distance contracts (Section I, Title III of the Code) and by Legislative Decree No. 70 of 9 April 2003 regarding certain aspects of e-commerce. .
9.2 Any dispute regarding the validity, interpretation, termination or performance of these General Conditions of sale of the Products is subject to the exclusive territorial competence of (i) the court in the place where the Client is resident or domiciled, or (ii) should the Client be resident or domiciled outside the territory of the European Union, the Court of Venice (Italy).
10.1 Excelsior reserves the right to amend these General Conditions at any time; the new version of the General Conditions will only apply to contracts concluded after it has been published on the Site. Excelsior also reserves the right to make changes to the Site, at its sole discretion and in any manner and/or at any time without notice.