Clauses for individual negotiation
In continuing the procedure, the Customer, also for the purposes and to the effects of art. 1341 of the Civil Code and art. 33, Legislative Decree 206/2005 (the so-called Consumer Code), declares to have perfectly understood and voluntarily accepted articles 3 (shipment and delivery of products); 4 (Withdrawal); 5 (Return); 6 (Guarantee); 9 (Governing Law) and 10 (Updated General Conditions) of General Conditions of Sale which can be found here below in full, in order to integrally cite and confirm its contents:
3. Shipping and delivery of products
3.1 Emerald undertakes to deliver goods within the time necessary for the packaging thereof starting from the time when the order confirmation is sent to the Customer or, for purchase orders made after 15:00 or on weekends or public holiday, the first following business day: the delivery term indicated in the purchasing process starts from this date. The estimated shipping and delivery time of the products are merely indicative: Emerald will not be held responsible in any way for delays not attributable to it or caused by the carrier. For some locations and countries, delivery times may be longer and/or shipping costs may be higher: the Customer shall be supplied with further information during the purchase procedure before sending the order.
3.2 Items for sale on the Site are intended exclusively for the Italian market, although delivery to foreign countries may be requested. If the Customer requests the shipment of the products to locations outside of Italy, the Customer will be considered the importer and thus assumes liability for entering the product into the Country of destination, in compliance with regulations and restrictions applied in said Country, and indemnifies Emerald from any charges which may derive thereof. Delivery of products outside the EU may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional costs for customs clearance will be borne by the Customer and is not included in the prices shown on the Site or in the order confirmation e-mail.
4. Right to withdraw
4.1 The Customer has the right to withdraw from the contract with Emerald, within ten business days from the delivery of the products in accordance with articles 52 et seq. of the Consumer Code and without any penalty. To this purpose the Customer may use the withdrawal form available on the site www.solasie.com at the following link: http://www.solasie.com/en/right-of-withdrawal/ and once all fields have been filled in with required data, it should be sent no later than the aforementioned deadline of fourteen days to Emerald by clicking on XXXXXX. Emerald shall then send confirmation of reception of withdrawal to the Customer.
4.2 Upon sending withdrawal, the Customer is required to return goods received and for which the same sum of money was paid, to Emerald, offices in via Romana 17-19, 06126 Perugia, without delay and in any case no later than fourteen days from the date in which the customer submits notification of withdrawal to Emerald. In order to establish a deadline for return, the date of shipment of goods for return shall be considered as the start date. Return costs and risk of loss or damage to the goods up to their destination shall be borne by the Customer. In the event that the Customer sends the withdrawal form but fails to send goods to Emerald within fourteen days, as specified here above, the right to withdraw shall be considered waived to all effects and the Customer shall be charged the purchase price once more.
4.3 The Customer is required to return products undamaged and perfectly conserved. Therefore withdrawal may be refused if items are missing marks, official labels, labels and original sales packaging, or if they have been worn, washed, ironed or in any way changed, altered, used or damaged. The Customer shall be held liable for the reduction of the value of goods due to the handling of goods in a manner other than the one required to establish the nature, characteristics and operation of goods.
4.4 If the Customer chooses to withdraw in compliance with terms and conditions laid down in this article and governing law, Emerald shall refund the customer the purchase price of goods by the same method used by the Customer to execute the original payment, within fourteen working days from the date of notification of the Customer’s will to withdraw. In the event that goods are not returned to Emerald within the aforementioned period, the latter has the right to withhold the refund until goods are returned, in order to comply with what is specified in point 4.3 here above.
4.5 In the case of orders including several products, Emerald recognises the Customer’s right of withdrawal for single products of such orders, in compliance with terms and conditions laid down in this article.
5.1. Emerald guarantees the soundness of Solasié products and their compliance with its own qualitative standards. Without prejudice to the right to withdraw as specified in article 4 here above, if the size selected by the Customer does not fit, Emerald recognises the Customer’s right to proceed with the return of the purchased item and its replacement in another size as specified.
5.2 Before proceeding with a purchase, the Customer is required to check the correctness of the size ordered, in reference to their own requirements.
5.3 Given normal difference between indicated size and actual garment wearability, upon receiving purchased goods and realising the need to change the size of an item/ items purchased, the Customer may complete the return of goods by following the return procedure available on the site www.solasie.com To this purpose the Customer may use the withdrawal form available on the site www.solasie.com at the following link: http://www.solasie.com/en/right-to-return/ and once all fields have been filled in with required data, it should be sent to Emerald by clicking on XXXXXX, no later than fourteen days after delivery of goods. Emerald shall then send confirmation of reception of the return.
5.4 The Customer is required to return goods received and for which the same sum of money was paid, to Emerald, without delay and in any case no later than fourteen days from the date in which the Customer received purchased goods. For the purposes of establishing a deadline for return, the date of shipment of goods for return shall be considered as the start date. Return costs and risk of loss or damage to the goods up to their destination shall be borne by the Customer. In the event that the Customer sends the withdrawal form but fails to send goods to Emerald within fourteen days, as specified here above, the right to withdrawal shall be considered waived to all effect.
5.5 Upon deciding to exercise their right to withdrawal, the Customer is required to return products undamaged and perfectly conserved, Therefore withdrawal shall be refused if items are missing marks, official labels, labels and original sales packaging, or if they have been worn, washed, ironed or in any way changed, altered, used or damaged. The Customer shall be held liable for the reduction of the value of goods due to the handling of goods in a manner other than the one required to establish the nature, characteristics and operation of goods.
5.6 If in returning the goods the Customer breaches conditions laid down in points 5.4 and 5.5 here above, the return shall not be accepted and Emerald shall duly return the goods at the Customer’s expense, with prior notification of said action.
5.6 If the Customer executes the return in compliance with this article, Emerald shall deliver the item in the size indicated by the Customer on the return form. In the event that an item is not available in the size indicated by the Customer on the return form, Emerald shall notify the Customer and indicate available alternatives.
6.1 The products displayed on the Site are new and made with quality materials. Some garments can be designed and/or manufactured using dyes or washes specially designed to give them a “vintage” or worn look. In any case, these are unused and non-defective products. The main features of each product can be seen by the Customer by clicking on the presentation images; minor discrepancies between the products and their images of presentation, in terms of colours or characteristics of the materials used, can depend on their transmission via the Internet and the type display used by the Customer and therefore do not constitute defects in the goods. The characteristic production of items with the application of a number reminiscent of those applied to rugby shirts, is purely casual and therefore any items bearing a specific number are to be considered as purely indicative for illustrative purposes and do not bind Emerald in any way with a requirement to send the product selected by the Customer bearing the number depicted on the website, any advertising material or any space and/or exhibition space
6.2 For Customers who are Consumers pursuant to article 3 of the Consumer Code, Emerald, as the seller, exclusively offers the legal guarantee on products purchased through the Site in accordance with articles 128 et seq. of the Consumer Code, even when the goods are produced by third parties. The legal warranty covers conformity defects that become apparent within 24 months from the date on which the products were delivered. To activate the legal guarantee, he Customer must notify of the existence of defects and request a guarantee by email firstname.lastname@example.org no later than tow months of discovery of said defect. Unless proved otherwise, any lack of conformity defects that become apparent within 6 months from the delivery of the products shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. To activate the legal guarantee, the Customer must prove the date of purchase or delivery of the defective product: for this purpose, the proof of purchased included in the product box and documents relating to shipping are considered to be adequate.
6.3 For defects covered by the legal guarantee, Emerald ensures the repair or replacement of the defective product at no charge to the Customer, or the reduction of the price or termination of the contract. Therefore, Customers who are consumers have the right, alternatively and at its request, to:
- Repair or replace the product within a reasonable time;
- Reduce the price to the extent appropriate, taking account of the use made of the product;
- Termination of the contract, with the consequent return of the defective product and the price paid, while taking account of the use made of the product.
If the repair or replacement of the product is considered objectively impossible or prohibitively expensive pursuant to article 130, paragraph 4 of the Consumer Code, the Customer will have the right only to the reduction of the price or the termination of the contract. The Customer may demand a reduction in price or termination of the contract if the repair or replacement requested has not occurred within a reasonable time or is a significant inconvenience to the Customer. A minor defect for which repairs or replacements are not possible or are too costly does not give the right to terminate the contract.
6.4 In the event that the Customer is not a consumer pursuant to article 3 of the Consumer Code, the legal guarantee provided for by articles 128 et seq. of the Consumer Code is not offered by Emerald, which guarantees only what is provided for by articles 1490 et seq. of the Civil Code.
6.5 Without prejudice to wilful misconduct or gross negligence, Emerald is solely liable for damage caused by defective products that directly result from faults and damage that is foreseeable at the time of conclusion of the sale contract. Therefore, Emerald will not be liable for any losses, lost profits or any other damage that is not an immediate and direct consequence of product defects or other failures that were not foreseeable during the conclusion of the sale contract.
6.6 To the extent permitted by law, Emerald disclaims any liability in the event that the delivered product does not comply with the legislation of the Country of delivery if different from that of the European Union.
9. Applicable law
9.1 Emerald’s sale of products to the Customer through the Site is governed by Italian law, based on which these General Terms and Conditions must be interpreted.
10. Updating of the General Conditions
10.1 Emerald may periodically change or update the General Conditions. Changes will apply to all sales made after the publication of the changed or updated General Conditions on http://www.solasie.com/en/general-terms-and-conditions/ unless such changes are required by applicable law, in which case they may also be applied to purchase proposals that have already been confirmed. If any part of the Terms is recognised as invalid, void or, for any reason, unenforceable, this shall not affect the validity and enforceability of other provisions.