The distance selling process described in these General Conditions of Sale is reserved only for consumers (i) as defined by legislation and jurisprudence and (ii) who act exclusively on their own account.
GENERAL CONDITIONS OF SALE
1. Identification of the author of the offer
These General Conditions of Sale are those applied by the company F. P. EXCLUSIVE srls, a simplified Limited Liability Company, registered in the Companies Register of Rome. His e-mail: firstname.lastname@example.org
2. Scope of application and acceptance of the General Conditions of Sale
These General Conditions of Sale apply to any sale of EXCLUSIVE PARIS products concluded or through the Customer Service prepared by the company EXCLUSIVE PARIS, reachable by mail at the Service Clients EXCLUSIVE PARIS Rome (hereinafter, the "Customer Service"), or through the English version of the e-commerce site (available, for the convenience of the customer, in two languages: English, Italian) of the exclusiveparis.it site, whose products will be delivered in Italy, Europe and the United States.
3. How to order
Il Sito e-commerce accessibile tramite il Sito permette di trasmettere ordini di acquisto alla società Exclusive srls per una selezione di prodotti contraddistinti dal marchio EXCLUSIVE PARIS (di seguito, il/i “Prodotto/i”) automaticamente tramite Internet, con una consegna in Italia, Europa e Stati Uniti. I clienti possono ottenere informazioni aggiuntive contattando il Servizio Clienti via e-mail all’indirizzo: email@example.com.
4. Information relating to the Products and their availability
Information relating to all EXCLUSIVE PARIS Products that can be sold on the Site or through Customer Service is available in all EXCLUSIVE PARIS boutiques. This information complies with the provisions of the legislation in force. The images of the Products on the Site may be altered according to the quality of the devices used by the customer to access the Site itself. In these cases, EXCLUSIVE PARIS declines any responsibility. It should be noted that the customer may also exercise the right of withdrawal referred to in article 10 below. The Products offered and the relative prices are valid as long as they remain visible on the Site, while stocks last. Mistakes or modifications may occur exceptionally, in particular in the event that orders from the same Product are made by several customers at the same time. In any case, in the event that the Products are totally or partially out of stock after placing the order, the customer will be informed as soon as possible by e-mail of the unavailability of the product and of the total or partial cancellation of the order. In case of total cancellation of the order, the EXCLUSIVE PARIS Customer Service will contact the customer to inform him of the cancellation of the same and to proceed with the refund, which will be done promptly within a maximum period of 14 days.
In case of partial cancellation of the order:
- the order itself will be considered valid and the total amount of the order will be charged to the customer's current account;
- available products will be delivered to the customer. The Customer Service will then contact the customer to inform him of the nature of the unavailable products and to proceed with the refund, which will be done promptly within a maximum period of 14 days from the shipment of the available products.
EXCLUSIVE PARIS reserves the right to modify the Products offered on the Site at any time and without notice. To guarantee a high quality service and to allow most of our customers to enjoy the Products that can be purchased through the Site, EXCLUSIVE PARIS reserves the right to limit the quantity of Products that can be purchased by a single customer.
5. Order processing procedure
5.1. Selection of Products
The customer can, at any time, add products to his selection by clicking on "Add to cart" and choose whether to complete the purchase or continue browsing. The customer can consult his selection by clicking or placing the cursor on the "My cart" command in the menu at the top right, thanks to which he can view: the images of the Products, the available colors and the product code, the quantity that is intended order, the unit price and the subtotal of the selection. The customer can modify his "Cart" made up of the selected Products online, delete an initially selected Product, modify the quantities ordered or add a Product by clicking on the corresponding commands made available to him in the "Cart".
Once the Products have been selected, click on "Checkout" to start the order processing procedure.
The customer can log in without proceeding to create an account. The data that these must, in this case, communicate are only the name, surname and e-mail address, as well as the information necessary for processing the order. No customer account will be created and any information related to them will have to be entered again for submitting a new order. The data recorded by the Site constitute proof of all transactions made between EXCLUSIVE PARIS and its customers. In the event of a dispute between EXCLUSIVE PARIS and one of its customers regarding a transaction that took place on the Site, the data recorded by EXCLUSIVE PARIS are validly considered as proof of the content of the transaction itself.
5.3. Validation of the order
5.3.a) Validation of the delivery method
The customer is required, on the one hand, to validate the delivery method and, on the other hand, to indicate the information necessary for the correct shipment of the order: name, surname, telephone, shipping address. EXCLUSIVE PARIS will not be able to deliver the Product to a third party who is unable to justify his identity, or to a third party other than that designated by the customer when placing the Order on the Site.
5.3.b) Validation of the payment method and payment of the order
Once the processing has been completed, the order will be sent to EXCLUSIVE PARIS to be processed.
EXCLUSIVE PARIS reserves the right not to accept any order from customers with whom there is a pending dispute relating to a previous order, or if EXCLUSIVE PARIS has a reasonable doubt that said customers have broken these General Conditions or that they are involved in a fraudulent activity, or for any other legitimate reason.
5.3.c) Confirmation of receipt and validation of the order
The customer will receive a summary email of his order, which is valid as confirmation of receipt of the order. Once the payment has been confirmed and duly completed, validation of the order will be sent to it, on which the total amount of the order will be indicated and information relating to delivery times, as well as the essential characteristics, quantity and price of the Products purchased. We advise the customer to keep the confirmation of receipt of the order and the order validation e-mail on a paper or digital medium. If the value of an order is equal to or greater than € 120, EXCLUSIVE PARIS is required to keep the declaration in which it acknowledges the existence of the contract concluded between EXCLUSIVE PARIS and the customer, electronically and for the entire period that elapses between the conclusion of the contract up to the date of delivery of the goods, and for a term of ten years from the latter date. The customer can consult this document at any time, with a request made to the Customer Service via e-mail by clicking on the item "Customer Service" and attaching a document proving his identity.
6. Price - Accepted payment methods
The price of the Products is indicated in Euros and is to be considered VAT included. EXCLUSIVE PARIS does not provide for the refund of VAT for the purchase of Products that could be subject to this refund. EXCLUSIVE PARIS reserves the right to change the price of the Products offered on the Site at any time and without notice. The Products are invoiced on the basis of the prices indicated on the Site when placing the order, subject to availability of the Products at the time of 'order. The order amount is expressed in Euros and the entire amount must be paid directly when placing the order. In case of unavailability of some of the ordered Products, the rules described in Article 4 "Information relating to the Products and their availability" apply.
6.2. Accepted payment methods
For purchases made on the Site through Customer Service, EXCLUSIVE PARIS accepts the following payment methods: PayPal and credit card.
The customer guarantees to be the holder of the card used for payment. Payments made by credit card are authenticated and safe.
Once the correctness of the bank details entered has been ascertained, the order is to be considered completed. The customer will then receive a message confirming the correct receipt of the order itself. Authentication varies from bank to bank: the customer is therefore invited to contact their banking institution directly for any questions relating to the payment.
The validation and shipment of the order will take place only after verification of the payment method and after receiving the debit authorization on the customer's card. The debit on the customer's account will take place at the time of the validation of the order by the bank, and therefore before the shipment of the order itself.
The information relating to the order is subject to automatic data processing, for which EXCLUSIVE PARIS is responsible. This automatic data processing has the purpose of guaranteeing a certain level of analysis of the transaction and of preventing fraud against credit cards. EXCLUSIVE PARIS is the recipient of data relating to the customer's order. Failure to transmit the data relating to the order prevents the conclusion and analysis of the transaction. The occurrence of an unpaid payment due to the fraudulent use of a credit card will entail the registration of the coordinates with which the order was made, and associated with the unpaid payment, within a document established by CYBERSOURCE in which they will be counted all payment incidents. An irregular declaration or a discrepancy may also be subject to dedicated treatment.
Pursuant to the Personal Data Protection Law, the customer has the right, at any time, to access the personal data concerning him, obtain the correction and oppose their processing by sending a request in writing to the EXCLUSIVE PARIS Customer Service, attaching an identity document.
7. Reserved domain
The ordered Products remain fully and fully owned by EXCLUSIVE PARIS until the full payment in favor of EXCLUSIVE PARIS of the order amount, including the main amount, expenses, taxes, duties and mandatory contributions. On the other hand, the customer assumes the risk with respect to the Products delivered (in particular of loss, theft or deterioration) exclusively from the moment in which the delivery takes place at the address indicated when placing the order.
8. Legal guarantees
The products sold by EXCLUSIVE PARIS are protected by legal guarantees with reference to the Italian Consumer Code and any other guarantee is excluded:
- Legal guarantee of conformity:
EXCLUSIVE PARIS is required to deliver a Product that complies with the provisions of the contract and is free from defects in conformity with the delivery of the Product, that is, it must deliver a Product that can be used according to what is usually expected of the goods in its category, and which has the characteristics indicated in time of sale. EXCLUSIVE PARIS is also liable for defects of conformity that are caused by the packaging, assembly instructions or installation, if it is held contractually or if it is in any case made under its availability. This guarantee is applicable only if the customer requests it within two years from the delivery of the Product. The customer does not bear the burden of proof of the existence of a lack of conformity of the goods in the 24 months following the delivery of the Product.
The customer can choose between repair and replacement of the Product except in the event that one of the two choices entails for EXCLUSIVE PARIS manifestly disproportionate costs. If the repair or replacement of the Product is impossible, the customer can have the price paid and return the Product, or keep it and have a part of the price returned, unless the non-compliance is negligible. The return, replacement or refund of the Product takes place at no cost to the customer and does not prevent the payment of any damages to which the customer may be entitled. The legal guarantee of conformity applies regardless of the contractual guarantee provided for in Article 12.2 referred to below.
- Legal guarantee for hidden defects:
EXCLUSIVE PARIS is required to deliver a Product free from hidden defects that make it unsuitable for the use for which it is intended, or that make it so unsuitable for such use that the customer, if he was aware of it, would not have purchased it , or would have bought it only at a lower price. This guarantee is applicable only if the customer requests it within two (2) years from the discovery of the defect.
In case of hidden defect, the customer can alternatively return the Product and have the price paid as well as the costs caused by the sale credited, or keep the Product and have a part of the price returned. In any case, the customer has the burden of proving that the conditions for the application of the guarantee are respected.
In the event of non-compliance and hidden defects, the customer must contact Customer Service at firstname.lastname@example.org so that the Customer Service organizes the return of the Products in question.
The seller delivers a good conforming to the contract and is liable for defects of conformity that exist on delivery. It also responds to defects caused by packaging, instructions for use or installation if it is held contractually or if it is in any case made under its availability ". See references Italian Consumer Code and Italian Civil Code.
9. Information / complaints
For any information, complaint or question relating to these General Conditions of Sale or to the Products themselves, the customer must contact the EXCLUSIVE PARIS Customer Service by telephone through the form available in the "Contacts" section of the Customer Service, communicating, if necessary, the number of the 'order.
10. Electronic documents / privacy
With regard to the management and monitoring of orders submitted through the Customer Service or through the Site, the EXCLUSIVE PARIS company may collect and process the personal data relating to its customers. These data, intended for individuals obliged to know them due to the function performed in the company EXCLUSIVE PARIS and, if applicable, to authorized third parties, are necessary for the processing and monitoring of the customer's order requests, in order to best meet his expectations and to prevent any fraudulent use of your payment methods or identity.
With reference to the "Boutique delivery" service and during collection of the Products ordered online by the customer, the EXCLUSIVE PARIS boutiques will carry out a verification of the customer's identity document (identity card or passport) or of the delegated person by the customer when placing the order on the Site for the withdrawal of his order. A copy of said identity document may be made in the boutique, to ensure customer safety and prevent any fraudulent use of the payment methods used and / or the customer's identity.
11. Force majeure
The full or partial execution by EXCLUSIVE PARIS of its obligations will be suspended in the event of a fortuitous event or force majeure, capable of affecting or delaying the execution.
EXCLUSIVE PARIS will inform the customer if such a fortuitous event or force majeure occurs within seven (7) days of its occurrence. In the event that said suspension lasts longer than fifteen (15) days, the customer has the possibility to terminate the contract in progress, thus proceeding with the refund of the relevant order no later than 14 days from the termination.
12. Limitation of liability
EXCLUSIVE PARIS declines any responsibility for any damage that is not the consequence of a breach of an obligation of EXCLUSIVE PARIS itself.
13. Applicable law - Disputes
These General Conditions of Sale are governed and interpreted in accordance with Italian law and - where applicable - by the rights protecting the interests of consumers. In the event of a dispute related to the application and / or interpretation of these General Conditions of Sale, the customer has the opportunity, before taking legal action, to seek a friendly solution with EXCLUSIVE PARIS.
- the customer can go to the court of the place where he is resident or domiciled or the Italian courts;
- EXCLUSIVE PARIS may appeal to the court of the place where the customer is domiciled.