The subject of these General Conditions of Sale is the purchase of products from Frèderik Il Cashmere di Federico Carmela carried out remotely via a data communication network on the website www.frederikcashmere.com. Every purchase transaction will be governed by the provisions of Italian Legislative Decrees 185/99 and 206/05; the information for the validity of the contract will be governed by Art. 12 of Italian Legislative Decree 70/03 and, with regard to the protection of confidentiality, will be governed by Italian Legislative Decree 196/03 and its subsequent amendments.
1.1 With the expression “online sales contract” we intend: the sales contract relating to tangible movable goods marketed by Frèderik Il Cashmere di Federico Carmela, stipulated between the same and the consumer, as part of a distance sales system through telematic tools, organised by Frèderik Il Cashmere di Federico Carmela.
1.2 The term “Customer” means the consumer who is the physical person who makes the purchase, as per this distance contract, for purposes not related to any commercial or professional activities that the same may carry out.
- PURPOSE OF THE CONTRACT
2.1 With this contract, respectively, Frèderik Il Cashmere di Federico Carmela sells and the Customer, using telematic tools, remotely purchases the tangible movable goods indicated and offered for sale on the website www.frederikcashmere.com.
2.2 The products referred to in the previous point appear on the website www.frederikcashmere.com and are described on the relevant information sheets; the image accompanying a product may not be fully representative of its characteristics, but may differ slightly in colour, size and accessories.
2.3 These general conditions of sale do not regulate the supply of services or the sale of products by third parties who use direct links to the website www.frederikcashmere.com through links, banners or other hypertext links. Under no circumstances can Frèderik Il Cashmere di Federico Carmela be held responsible for the provision of services promised by third parties or the execution of electronic commerce transactions between the customers of Frèderik Il Cashmere di Federico Carmela and third parties.
2.4 Frèderik Il Cashmere di Federico Carmela reserves the right not to process orders received from users who are not “Customers”, as well as any other order that does not adhere to the commercial policy of Frèderik Il Cashmere di Federico Carmela.
3 STIPULATION AND CONCLUSION OF THE CONTRACT
3.1 The contract between Frèderik Il Cashmere di Federico Carmela and the Customer, as specified above, is concluded through the Internet when the Customer accesses the website www.frederikcashmere.com, where, following the procedures indicated, the Customer will formalise the proposal for the purchase of the goods referred to in points 2.1 and 2.2 of the previous section.
3.2 The purchase contract is concluded by completing the following procedure, available in Italian and English, which may always be corrected, modified and cancelled, up until the order is submitted. The customer purchases the product, the characteristics of which are described online on the relevant descriptive and technical sheets, at the price indicated therein; the shipping costs specified on the site are added to these, where applicable. Before submitting the purchase order, the Customer is presented with the unit cost of each product selected, the total cost in the case of the purchase of multiple products and the pertinent delivery charges. After submitting the purchase order, the customer will receive an email from Frèderik Il Cashmere di Federico Carmela certifying the purchase order receipt and containing information relating to the main characteristics of the goods purchased.
3.3. The guided procedure is indicated on the website www.frederikcashmere.com as follows:
– while accessing the website www.frederikcashmere.com, the Customer, after registering for the purchase, must add the desired products to the shopping cart, fill out all of the following pages, following the instructions, and electronically transmit the page with all personal data and the purchase order to Frèderik Il Cashmere di Federico Carmela;
– the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and the relative price (including VAT), the type of payment chosen for the purchase, the conditions for the delivery of products, the fees required for delivery and transport, where provided, in addition to references to the general terms and conditions for the return of products purchased online, which need to be specifically accepted by marking the mandatory flag;
– an order shall be deemed sent and concluded when Frèderik Il Cashmere di Federico Carmela receives the order proposal by electronic means and the information relating to the order has been preliminarily verified as correct.
3.4 The order sent by the Customer will be binding for Frèderik Il Cashmere di Federico Carmela only if the entire order procedure has been duly and correctly completed, without any error messages being highlighted by the Website, and after Frèderik Il Cashmere di Federico Carmela sends an email to the Customer, which may also be automated, confirming the order. The email contains the details of the Customer and the order, a summary of the general and particular conditions applicable to the contract, the price of the goods purchased, the chosen means of payment, transport costs (where applicable), applicable taxes and fees, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to Frèderik Il Cashmere di Federico Carmela at the contact addresses indicated within the portal.
3.5 By placing an order, the Customer acknowledges that he/she has read all of the information provided during the purchase procedure and fully accepts these general conditions of sale. By placing the order, the Customer expressly acknowledges that this includes the obligation to pay the price and other amounts due pursuant to these general conditions of sale. The contract is not considered concluded and effective between the parties in default of what is indicated above and in the point in question.
3.6 Frèderik Il Cashmere di Federico Carmela reserves the right not to process the order if there are insufficient guarantees of payment solvency, if the orders are incomplete or incorrect, or if the products are no longer available. If it is clear that – in relation to the content of the order itself (price, quantity) a recognisable error has occurred, Frèderik Il Cashmere di Federico Carmela will not assume responsibility nor process the orders (1431 of the Italian Civil Code). In the above cases, the Customer will be informed via email that the contract has not been executed and that Frèderik Il Cashmere di Federico Carmela has not confirmed the purchase order, indicating the precise reasons for the same. If the Customer has already paid the price of the products subject to the unprocessed order, point 9.4 will apply and the sums already paid will be reimbursed, unless otherwise agreed between the parties. Frèderik Il Cashmere di Federico Carmela reserves the right not to accept orders if the product is no longer available in stock when the order is placed. In this case, Frèderik Il Cashmere di Federico Carmela will send a specific communication via email. If the Customer has already paid the price of the products subject to the unprocessed order, point 9.4 will apply, unless otherwise agreed between the parties.
3.7 The contract stipulated between Frèderik Il Cashmere di Federico Carmela and the Customer should be considered concluded once Frèderik Il Cashmere di Federico Carmela accepts the order. Acceptance must be understood as tacit, unless otherwise communicated to the Customer by any means.
3.8 Pursuant to Art. 12 of Legislative Decree 70 of 2003, Frèderik Il Cashmere di Federico Carmela informs the Customer that every order sent is stored in digital or paper format at its headquarters, according to the criteria of confidentiality and security. The Customer may request a copy at any time from Frèderik Il Cashmere di Federico Carmela.
4 CUSTOMER OBLIGATIONS
4.1 The Customer is required to carefully read these general terms and conditions of sale prior to submitting his or her order. Submitting the purchase order implies the customer’s full knowledge and acceptance.
4.2 Finally, the Customer is obliged, once the purchase process online is completed, to print and save these General Conditions of Sale, previously viewed and accepted when concluding the contract.
5 PROCESSING OF PERSONAL DATA
6 METHOD OF PAYMENT
6.1 The customer can make the payment due by choosing from one of the following methods.
– Credit Card Payment: If the Customer intends to make a payment by credit card, he or she may use the payment procedure via PayPal, or Stripe, suited to ensuring the confidentiality of the data provided by the customer.
– Payment by bank transfer: A payment by bank transfer can be carried out using the details that will be sent via email once the order is confirmed.
– Payment by cash on delivery is not currently offered.
6.2 Before being processed, all orders are subjected to authenticity checks carried out directly by the relative credit card issuers, to protect the Customer. If, for any reason, it is not possible to debit the amount due, the sale procedure will be automatically cancelled and the sale will be terminated pursuant to Art. 1456 of the Italian Civil Code. Frèderik Il Cashmere di Federico Carmela will send the customer an email to inform him or her of the termination of the relationship.
6.3 Any communications relating to the payment and the data communicated by the Customer is carried out on a secure network connection and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
6.4 The total expense amount will be visible before proceeding with the confirmation of the purchase.
7 DELIVERY OF PRODUCTS AND LIABILITY
7.1 The goods purchased are delivered via courier to the address specified by the Customer when placing the online order as specified above. The customer must present any specific shipping needs to Frèderik Il Cashmere di Federico Carmela via means of a specific communication inserted in the dedicated forum or forwarded when finalising the purchase or immediately afterwards and no more than 12 hours later to the email inbox firstname.lastname@example.org, specifically indicating the order number.
7.2 Frèderik Il Cashmere di Federico Carmela, consistent with the time frame of the chosen couriers (preferably DHL), guarantees the delivery of the goods within 3 (three) working days from the date of receiving confirmation of the conclusion of the contract.
7.3 In the case of non-delivery, due to the absence of the recipient at the address indicated when placing the order, the courier will leave a notice and try to deliver the order a second time. If the recipient is still unavailable, the goods will be returned to the sender (Frèderik Il Cashmere di Federico Carmela). In this case, the Customer must contact Frèderik Il Cashmere di Federico Carmela in order to establish a possible new delivery attempt.
7.4 The shipped goods will be checked and delivered to the courier intact and without defects. Frèderik Il Cashmere di Federico Carmela cannot be held responsible in any way for possible delays or damage attributable to the fault of the courier.
7.5 Free Worldwide Express Shipping. DHL couriers deliver from Monday to Friday. Delivery is not scheduled on Saturdays, Sundays and public holidays. Free shipping.
Express, delivery times are 2-3 working days. Orders for private Customers in Russia cannot be processed at the present time. For all shipments outside the EEC, duties and charges will be borne by the recipient, to be paid directly to DHL upon delivery to the Customer.
7.6 Frèderik Il Cashmere di Federico Carmela assumes no responsibility for disruptions due to force majeure or unforeseeable circumstances, also where caused by malfunctions or disruptions to internet services, in cases of failure to comply with the order within the expected time period of the contract.
7.7 Furthermore, Frèderik Il Cashmere di Federico Carmela assumes no responsibility for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to the same. The Customer is only entitled to a full refund of the price paid and any additional charges incurred if the damages, losses and costs are due to any act or omission by Frèderik Il Cashmere di Federico Carmela.
7.8 Frèderik Il Cashmere di Federico Carmela cannot be held responsible for the information, data and any technical or other inaccuracies that may be present on the website and inserted by third parties, even if they have been communicated to and verified by Frèderik Il Cashmere di Federico Carmela according to the criteria of due diligence.
7.9 Frèderik Il Cashmere di Federico Carmela assumes no responsibility for any fraudulent and illegal use that third parties may make of credit cards, cheques and other payment means, for the payment of goods purchased, if it is shown that all possible precautions based on the best current practice and experience, along with ordinary due diligence, have been taken.
7.10 The Purchaser declares that he or she is fully capable of acting and entering into a contract to purchase the products and/or services on the Website based on these General Conditions of Sale. Frèderik Il Cashmere di Federico Carmela cannot under any circumstances be required to verify the Website’s visitors and Purchasers ability to act. If a person who does not have the necessary capacity to act (for example a minor) places an Order on the Website, Frèderik Il Cashmere di Federico Carmela may legitimately refuse to finalise the Purchase Order.
8 GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
8.1 Frèderik Il Cashmere di Federico Carmela markets high-quality products. In any case, we remind you that a legal guarantee of conformity for the goods is required by law to protect the Customer. In the event the purchaser receives products that do not comply with the sales contract between the parties, pursuant to Art. 129 and subsequent amendments of the Consumer Code, the Customer loses all rights if he or she does not report the lack of conformity to the seller, within two months from the date on which the defect was found, by sending a communication via a certified email address (PEC) to the inbox email@example.com. A complaint is not required if the seller has acknowledged the existence of a defect or has concealed it.
8.2 In any case, in the absence of proof to the contrary, it is presumed that any lack of conformity which becomes apparent within six months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
8.3 In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the goods purchased, the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for Frèderik Il Cashmere di Federico Carmela, pursuant to Art. 130, paragraph 4, of the Consumer Code.
8.4 The request must be sent in writing, by means of a note to be sent to the certified email inbox firstname.lastname@example.org or by registered letter with return receipt, to Frèderik Il Cashmere di Federico Carmela with headquarters in Via La Passeggiata 5 – Postcode 07021 Porto Cervo (SS). The response will indicate the seller’s willingness to process the request, or its reasons for not doing so, within seven working days of receipt. If the Customer’s request has been accepted, in the same response Frèderik Il Cashmere di Federico Carmela must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
8.5 If repair and replacement are impossible or excessively onerous, or if Frèderik Il Cashmere di Federico Carmela has not repaired or replaced the goods within the period referred to in the previous point or, lastly, if the replacement or repair previously carried out has caused considerable inconvenience to the Customer, the latter may request, at his or her discretion, a reasonable reduction in the price or termination of the contract. In this case, the Customer must send his or her request to Frèderik Il Cashmere di Federico Carmela, according to the methods indicated above. The response will indicate the seller’s willingness to proceed with the same, or its reasons for not doing so, sent within seven working days from receipt.
9 RIGHT OF WITHDRAWAL
9.1 The Customer has the right to withdraw without any penalty and without specifying the reason, within the term of fourteen days starting from the day on which the Customer or a third party, designated by the Customer and different from the carrier, acquires physical possession of the goods. If the contract relates to multiple goods ordered by the Customer in a single order and delivered separately, the term starts from the day on which the Customer or a third party, designated by the Customer and different than the carrier, acquires physical possession of the last item ordered.
9.2 To exercise the right of withdrawal, the Customer is required to duly and exhaustively inform Frèderik Il Cashmere di Federico Carmela by means of an email notification to the inbox available on the ‘Contact’ page or by means of a registered letter with return receipt to Frèderik Il Cashmere di Federico Carmela with headquarters in Via La Passeggiata 5 – Postcode 07021 Porto Cervo (SS). This notice of withdrawal must be explicit (for example a letter sent via post, fax or email). By way of example:
The undersigned __________ hereby notifies withdrawal from the purchase contract for the following goods: [insert a description of the products purchased], ordered on _________ (or received on __________)
Name, Surname, Customer address of consumer(s)
Customer signature (only if the form is sent on paper)
9.3 To comply with the withdrawal deadline, the Customer simply needs to send the notification concerning their exercise of the right of withdrawal before the expiry of the deadline specified above.
9.4 If the Customer withdraws from this contract and does not request reimbursement through the exchange of goods (see 10.2), he or she will be reimbursed for all the payments made to Frèderik Il Cashmere di Federico Carmela, with the exception of the additional costs deriving from the delivery/customs duties, or the type of delivery if different from the standard delivery offered by Frèderik Il Cashmere di Federico Carmela, without undue delay and, in any case, no later than 30 days (given the difficulties linked to the contingent situation, the number of days could increase) starting from the actual day in which Frèderik Il Cashmere di Federico Carmela is informed of the Customer’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless he or she has expressly agreed otherwise with Frèderik Il Cashmere di Federico Carmela.
9.5. Frèderik Il Cashmere di Federico Carmela reserves the right to withhold the reimbursement until it has received the goods at its headquarters, in any case, without prejudice to the prompt verification of the conditions of the returned goods. Frèderik Il Cashmere di Federico Carmela reserves the unquestionable right not to provide for a refund in the event that the garments have been altered, modified, tampered with, worn (they must not emit any personal fragrances), washed or damaged as per point 10.1., with forwarding of communication to the Customer.
9.6 If the Customer exercises the right of withdrawal, he or she returns the goods or delivers them to Frèderik Il Cashmere di Federico Carmela by courier or another method that has been previously agreed upon the same company through the dedicated customer service. The Customer will bear the direct cost of returning the goods.
9.7 The right of withdrawal is closely related to the policy adopted by Frèderik Il Cashmere di Federico Carmela regarding returns as per section 10 of this notice regarding the general conditions of sale, without prejudice to the application of Art. 59 of the Consumer Code, Legislative Decree 6 September 2005, no. 206 with reference to the goods referred to in point 10.8.
10 RETURNS POLICY
If the customer is not satisfied with his or her purchase for any reason, the items can be returned to Frèderik Il Cashmere di Federico Carmela for exchange or refund according to the indications presented in section 9 RIGHT OF WITHDRAWAL.
10.1 The packing materials and security seals, including any plastic packaging and warranty seals outside the packaging, must not be altered, tampered with or removed in any way. Tampering with or altering the aforementioned seals or packaging will result in the automatic forfeiture of the right to return the product given the possible damage to the goods as well as for reasons related to the contingent situation.
10.2 To request the implementation of the returns policy, Customers must follow the procedures indicated in point 9.2, specifying the required compensation option. Specifically:
– Exchange of Goods: it is possible to exchange the goods purchased with no variation in price as long as the new item has the same or higher value indicated in the specific section within the portal. The Customer shall entirely bear any additional shipping costs, or any costs relating to the higher value of the new item selected, together with possible customs duties where applicable. The methods to proceed with the conclusion of the new order will be communicated to the Customer. Any exchange of goods involves the novation of the previously concluded relationship. The exchange of goods is only accepted in the event that the product to be replaced has not been tampered with, altered, damaged or modified in any way, or the product does not show signs of use, washing or emits any fragrances. (10.1)
– Refund: A refund will be made under the conditions set out in points 9.4. – 9.5. – 9.6. – 9.7. -10.1
10.3 Safety packaging on the items must not be modified, altered or tampered with in any way. Items must not show any signs of use. Each garment must be returned with all the labels and seals affixed as at the time of delivery, including all the original packaging and accessories received at the time the contract is concluded. Any alteration detected when the goods are returned will result in the non-acceptance of the return and, consequently, a reimbursement will not be possible.
10.4 The Customer must deliver the Returns to the courier inside the box used by Fredèrik Il Cashmere. If this packaging is damaged, the Customer may use another container so long as it is suitable for the purpose for which it is intended, duly sealed and packed with material suitable for transport in order to avoid any damage to the goods contained therein. The product should be returned together with a copy of the electronic receipt for the order.
10.5 If, upon receipt of the package, the Customer ascertains evident defects on the box and related packaging or if the Customer determines there are errors in the shipment, the same is required to promptly notify Frèderik Il Cashmere di Federico Carmela through the dedicated Customer Service, sending the notification to the email address indicated on the ‘Contact’ page. The Customer will be responsible for accepting the delivery of the package with reservation, to be formalised directly with the courier. In the case of obvious defects, the Customer is required to document the anomalies found, also by means of photographic material. Frèderik Il Cashmere di Federico Carmela reserves the right to evaluate this material before authorising returns and bearing the shipping costs for the return of the damaged goods to its headquarters.
10.6 The Customer must contact Frèderik Il Cashmere di Federico Carmela via the dedicated Customer Service to agree upon the courier who will collect the items to return. The costs for the return of the goods will be borne exclusively by the customer, except for the hypothesis referred to in the previous point.
10.7 Frèderik Il Cashmere di Federico Carmela reserves the right to refuse unauthorised returns or, in any event, that do not comply with all the conditions herein provided and indicated. In the aforementioned case, the goods will be returned to the Customer’s shipping address. Frèderik Il Cashmere di Federico Carmela reserves the right to accept returns under specific conditions even though these might not comply with the procedure and conditions indicated.
10.8 Frèderik Il Cashmere di Federico Carmela, pursuant to and by effect of Art. 59 of the Consumer Code, reserves the right not to accept returns if the instructions provided herein are not duly observed with specific reference to the following products, duly marked and indicated on the main illustrative sheets within the portal:
– Knitwear products;
– Knitwear accessories;
10.9 For the products referred to in point 10.8, Frèderik Il Cashmere di Federico Carmela retains the right to accept the return request for the products indicated, provided that the integrity of the box, packaging and package seals can be ascertained. Failing this, the return of these products will not be authorised, and no reimbursement will be passed to the Customer.
10.10 Although not specifically reported here, sector-specific regulations for distance contracts are applied.
11 EXPRESS TERMINATION CLAUSE
11.1 In the event of total or partial non-payment of the purchase price of the goods, pursuant to Art. 1456 of the Italian Civil Code, Frèderik Il Cashmere di Federico Carmela reserves the right to declare the sales contract terminated by sending a written notice to the Customer’s email address.
For any complaint or requests for clarification, the customer must contact the email address email@example.com and leave his or her mobile number. The customer will be contacted for clarification within three (3) working days from the request.
13 APPLICABLE LAW AND PLACE OF JURISDICTION
This contract is governed by Italian law. The exclusive jurisdiction and forum for any legal action brought by the Customer under this warranty or any further legal guarantees will be that of Sassari.