Conditions of sale
GENERAL CONDITIONS OF SALE ONLINE
These Online Conditions apply exclusively to online purchases of the products shown and described on www.isacco.it (hereinafter the “Product(s)”).
Should the Online Conditions be amended, the Online Conditions published on the website at the time the order was submitted by the buyer of the Products (hereinafter the “Customer”) will apply. Before submitting an order, the Customer must read and accept these Online Conditions. The submission of an Order implies that the Customer has read and accepted these Online Conditions and the information in the Order Confirmation.
1.1 The seller of the Products (hereinafter the “Seller”) is ISACCO Srl with registered office in Italy, in Via L. Pirandello 3 - 24060 – Telgate (BG), and administration and operational offices in Italy, Via C. Battisti snc 24064- Grumello del Monte (BG), telephone 035-4491198 fax 035-4491199, email email@example.com, certified email firstname.lastname@example.org, R.E.A. in Bergamo No. 347573 and Company Registration in Bergamo No. 04103220960, VAT No. 04103220960.
1.2 These Online Conditions govern the purchase of products on www.isacco.it (hereinafter the “Website”) and do not apply to the purchase of products or services offered by subjects other than the Seller reachable from the Website through links, banners, or hypertext. The Seller is not liable for the supply of goods and services from third parties.
1.3 The Customer will be identified through the data they entered in the Order. Providing false and/or fake details is forbidden: in this case the Seller is relieved from any responsibility.
1.4 To purchase the Products offered on the Website the Customer must be 18 or over. By placing an order on the Website, the Customer guarantees being 18 years old or over and legally capable of stipulating binding contracts.
2. COMPLETION OF THE CONTRACT OF SALE
2.1 The information in these Online Conditions and the details shown on the Website constitute the offer to the public.
After submitting an order, the Customer will receive an email with the summary of the order submitted.
The online contract of sale (hereinafter the “Sale”) will be completed only once the Customer receives the Order and Delivery Confirmation (“Sale Completion Date”): from this moment, the Proposed Order is referred to simply as “Order”.
2.2 The Seller shall not be responsible for the Customer not reading the entire Online Conditions herein.
2.3 Before sending the Order and Delivery Confirmation, the Seller reserves the right to ask the Customer further information about the Order via email or telephone.
2.4 The Seller has the right not to process orders if the Customer provides insufficient, incomplete, or incorrect financial guarantees, or if the Products are not available. In these cases, no later than 30 (thirty) working days from the date in which the Customer submitted the Order, the Seller will inform the Customer via email that the Sale is not completed and that the Proposed Order will not be processed, indicating the reasons thereof. Any amounts that may have already be secured via the method of payment chosen by the Customer will be refunded.
2.5 The Seller commits to delivering the Products ordered as soon as possible.
2.6 The Seller reserves the right to refuse to process Proposed Orders from Customers with whom they have previously had or are currently having a dispute regarding Orders placed in the past. This applies also to all cases in which the Seller considers the Customer unsuitable, including but not limited to: the case of previous violations of the Online Conditions, or for any other reason, especially if the Customer has been involved in fraudulent activities of any kind.
2.7 Despite the Seller’s constant efforts to ensure that the images shown on the Website reproduce faithfully the Products, including the adoption of technologies to reduce imprecisions to the minimum, variations are possible due to the technical characteristics and colour resolution of the devise used by the Customer. The Seller shall not be responsible for the inadequate graphic representation of the Products shown on the Website if caused by the technical reasons mentioned above, since Product images are merely for illustrative purposes.
2.8 The value of the products purchased by the Customer (excluding fees, tax, any applicable charges, etc.) must be minimum €20, for the Seller to process the Order.
3. SPECIAL CONDITIONS OF SALE FOR PERSONALISED PRODUCTS
3.1 All Products indicated by the Seller can be personalised (hereinafter “Personalised Products”) by applying a word, symbol, number, or sentence (hereinafter “Details”).
When ordering Personalised Products, the Customer:
- declares to assume all responsibility with regard to the Details requested;
- declares to hold the Seller, its affiliates and the companies part of the Seller’s Group, harmless against any claim for cost, expense, damage, or loss caused by the use of the Details applied on the Personalised Products.
3.2 In consideration of their nature and the fact that they are made specifically for the Customer, Personalised Products cannot be returned, refunded, or exchanged, therefore the right of withdrawal does not apply. Consequently, article 7) of the Online Conditions herein does not apply to Personalised Products.
The statutory guarantee provisions for nonconforming products in article 8) remain fully applicable.
4.1 The prices applicable to the Products (hereinafter the “Price(s)”) and any delivery charges (hereinafter “Delivery Charges”) are those published on the Website at the time the Order is submitted.
The Prices and Delivery Charges represent the rateable value + tax applicable in Italy.
4.2 Despite every best effort, it is not possible to exclude errors in the Prices published on the Website. The Seller will check the Price is correct before sending an Order and Delivery Confirmation to the Customer. If due to a technical or material error or other issues, the Price published on the Website is lower than the correct price of the Product, the Seller will contact the Customer to make sure they wish to proceed with the purchase of the Product at the correct higher price. Should the Customer not wish to proceed, the Proposed Order will be cancelled. If the Price published on the Website is higher than the correct Price of the Product, the Order will be processed at the correct lower price.
5. METHODS OF PAYMENT
5.1 Payments can be made using one of the methods listed in the “Methods of Payment” section on the Website.
5.2 All main debit/credit cards and prepaid cards are accepted. Payments made with debit/credit cards will incur no additional fees. It is worth reminding that the Seller does not have visibility of the card details of the Customer, which are managed directly by the third party that provides the payment service. Therefore, the Seller does not handle or retain such payment data. As a consequence, in no case shall the Seller be liable for the fraudulent use of debit/credit cards or prepaid cards by a third party.
5.3 When the Customer chooses the Cash on Delivery payment option, the Order must be paid in cash or with a bank draft directly to the courier who delivers the Products. The Customer can choose to make Cash on Delivery payments in cash or with a bank draft. The option is available only for products featured in the catalogue, with no personalisation and/or additions and for the maximum value of €350, including applicable fees, tax, any additional charges, etc. Bank drafts should be made payable to ISACCO srl.
5.4 In all cases not included in point 5.3, payments with debit/credit cards or bank transfer can only be made in advance and have no amount limit.
6. SHIPPING AND DELIVERY
6.1 Each order includes:
- the Products ordered and gifts when applicable;
- any documents required in the Country of destination;
- any relevant information and marketing materials.
6.2 The invoice for the Order is issued when the goods are handed over to the courier and is delivered to the customer together with the order.
6.3 The Products will be handed over to the courier identified by the Seller. Information on additional costs and delivery times and method is always available on the Website in the “Deliveries” section.
Products can be delivered as follows:
- to the address provided by the Customer.
- to an arranged approved location from where the Customer will have arranged the collection.
6.4 If the Products are not collected by the Customer within a set period of time – after which the courier will return the goods it holds in storage to the Seller – or if the Products sent to the address chosen by the Customer are not received, the Order will be cancelled. Any credit owed to the Customer will not be refunded but will be valid towards their next orders.
The amount of credit is not greater for personalised and/or bespoke products made especially for the Customer.
6.6 Upon receiving the Products, the Customer is responsible for checking that the package is intact and that no immediately visible damage has been caused to it (ex. wet or broken box, etc.). In the event of an issue, the Customer must ask the courier to make a note of the damage and sign for the delivery “with reserve”. Unless this procedure is followed, the Customer will not have a claim.
6.7 The Website allows Customers to browse and order products regardless of their nationality and geographical location.
The Customer will have the right to have the Products delivered to the address chosen, as long as the address is located within the Country shown on the invoice that will be issued by the Seller, as indicated by the Customer.
For example: if the Customer is located in Country X and places an order via the Website of Country Y, the Products will only be delivered to an address in Country X, however the Customer will be able to autonomously arrange and pay to ship the Products to Country YX or any other Country they like.
7. RIGHT OF WITHDRAWAL
7.1 The Customer has the right to cancel an order placed on the Website, with no penalties and without providing a reason, by returning all or part of the Products purchased to the Seller.
The Customer must inform the Seller, as described in paragraph 7.2, of the intention of returning the goods within 15 days, starting from the date in which the Customer, or someone acting on their behalf (other than the courier), has taken possession of the Products. If an Order includes multiple Products, the intention to return the goods can be notified at different times within the 15-day deadline.
7.2 The Customer has the following options to return the goods:
(A) return the Products to the Seller via courier
Before handing the Products over to the courier, the Customer must follow the steps listed below:
- the Customer can inform the Seller of the intention to return the goods in a letter sent by registered mail or courier service with acknowledgement of receipt, to the address indicated.
The Products must be returned within 14 (fourteen) days form the date in which the Customer notified the intention of returning the goods, following the instructions set in paragraph 7.3.
7.3 Returns are subject to the following conditions:
- Within 14 (fourteen) days from the date in which the intention of returning all or part of the Products purchased was notified, the Customer must:
(1) send the Products to be returned, adequately packaged, to the Seller:
- a) by handing the Products over to a courier chosen by the Customer; or
- b) by handing the Products over to a courier appointed by the Seller.
Products cannot be returned directly in stores.
When returning the Products to the Seller, the Customer must cover all costs (including any customs duties, where applicable).
- Returned Goods purchased as part of the same Order can be returned separately within 14 days from the date in which the Customer notified the intention of returning the goods;
- Goods returned exercising the right of withdrawal (hereinafter “Returned Goods”) must be intact; returning only single parts or components of the Products in not permitted (including items parts of kits);
- Returned Goods must not have been used, worn, washed, stained, or damaged, and must not show signs of having been used;
- Returned Goods must be in their original package and include all accessories and labels.
7.4 The Seller will refund all payments made by the Customer to purchase the Returned Goods, with the exception of the following costs, if applicable, which will be met by the Customer:
- additional costs to ship the Order (already paid by the Customer at the time of the purchase), if the Customer chose a courier and/or a delivery method different from the standard method made available by the Seller. These additional costs will be refunded to the Customer only if the Products were damaged during transport, or sent in error by the Seller, or if the Products were found to be faulty;
- any ancillary expenses (ex. cash-on-delivery expenses);
- the costs incurred because the Customer chose a courier and/or a delivery method different from the standard method made available by the Seller;
- the shipment costs incurred because the Customer chose to return in multiple batches Products purchased as part of the same Order. In this case, only the first shipment will be free (as long as carried out using the methods and the courier chosen by the Seller). The cost and arrangements for additional shipments following the first (regardless of the courier and methods chosen by the Customer) will be met by the Customer.
7.5 After exercising the right of withdrawal by following the required process, the Customer will receive an email with the confirmation that the returned goods have been received (hereinafter “Returned Goods Confirmation”). Once the Seller has verified that the requirements to exercise the right of withdrawal set in paragraph 7 have been met, the Customer will receive an email confirming the return has been approved. The Seller will refund the amounts spent to purchase the Returned Goods to the Customer no later than 14 days from the date the Seller was informed of the intention to return the goods, subject to the Seller receiving the Returned Goods. The Seller will refund the Customer via bank transfer.
7.6 If the Customer returns the goods without meeting the requirements set in paragraph 7, no refund will be due. Within 10 days from receiving the email informing the customer that the Returned Goods have not been accepted and providing the motivations thereof, by replying to the same email the Customer may choose to reobtain the Returned Goods at their own expense. Alternatively, the Seller will be legitimated to keep the Returned Goods as well as the price paid for the purchase thereof.
7.7 The right of withdrawal does not apply to Personalised Products and/or Products specifically made for the Customer.
8. STATUTORY GUARANTEE FOR NONCONFORMITY
8.1 The Seller is liable for any defects of the Products delivered and for their nonconformity to the Products Ordered.
8.2 The warranty is valid for 2 (two) years from the date the Products are delivered. This warranty is valid if the following conditions apply:
- a) the defect is discovered within 2 (two) years from the date the Products were delivered;
- b) the Customer notifies the Seller of the defects within 2 (two) months from the discovery, unless this is incompatible with any superseding mandatory rules of the Country in which the Customer resides;
- c) the Customer provides the commercial document/invoice of the purchase.
8.3 If the Seller confirms the nonconformity of the Products, the Customer has the right to receive a refund for the amount paid for the Products without any additional cost.
8.4 All costs to return the goods that the Customer deems defective will be met by the Seller, but only after the Seller has ascertained that the defect is imputable to the Seller; if the defect is not a manufacturing defect, i.e. is not imputable to the Seller, all costs to return the goods will be met by the Customer.
8.5 The Customer may request to exchange the purchased goods for items of different sizes and/or styles, as long as the Products are returned intact, in their original packaging, with all labels, tags, etc., in the condition in which they were delivered to the Customer.
8.6 Personalised Products and/or Products made specifically for the Customer cannot be exchanged.
8.7 Products with manufacturing defects cannot be returned once they have been personalised and/or altered by the Customer; therefore, Customers are invited to thoroughly check the Products before making any personalisations and/or alterations.
9. CONTACT DETAILS
For all information, please use the contact details below:
Isacco Customere Services
Via C. Battisti snc 24064 Grumello del Monte (BG) Italia
Certified Email: email@example.com
11. APPLICABLE LAW, DISPUTES, AND JURISDICTION
11.1 The Online Conditions herein are subject to Italian law and will be interpreted based thereon, unless otherwise provided by any superseding mandatory rules of the Country in which the Customer resides. Consequently, the interpretation, execution and resolution of the Online Conditions is subject to the Italian Law (notwithstanding any superseding mandatory rules of the Country in which the Customer resides) and any pertaining and/or consequent disputes will be exclusively the competence of Italian judicial authorities, as better explained below. In particular, if the Customer is acting as a Consumer, any controversies will be resolved by the Courts competent in the location in which the Customer lives or resides based on the applicable law, or by the Courts of Bergamo, should the Customer, as the claimant, so choose. Alternatively, if the Customer is acting in the exercise of their business, commercial, artisanal, or professional activity, the parties agree the competent courts are the Courts of Bergamo.
11.2 Online platform to resolve disputes (ODR). The Seller is always available to try and find an amicable solution to any controversy that may arise and can be reached using the contact details provided above. Should this not be possible, please be informed that pursuant to article 14 of Regulation (EU) No. 524/2013 and the Resolution on ODR in Statutory Instrument No. 500/2015, valid from 15 February 2016, the European Commission has established the ODR (“Online Dispute Resolution”) platform to resolve disputes in relation to goods purchased online, accessible following this link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. The ODR platform provides the list of ODR bodies and a relevant link for each one to start the dispute resolution process online. Further information about the platform is available following this link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
11.3 Whatever the result of the extrajudicial process described above, the Customer retains the right to apply to the ordinary courts for the resolution of the dispute regarding the General Conditions of Sale herein, as well as the option, subject to the necessary requirements, to apply for the extrajudicial resolution of consumer related disputes via the procedures in Section 5, Title II - bis of the Consumer Code (i.e. Legislative Decree n.206/2005).
12. AMENDMENTS AND UPDATES
The Online Conditions herein may be amended at any time. The Customer will be asked to accept only the Online Conditions applicable at the time of purchase. Any new versions of the Online Conditions will be valid from the date they are published on the Website and applicable to Orders submitted after that date.