General Conditions of Sale
Art. 1 - General provisions
1. Browsing and transmitting a purchase order on the site implies acceptance of the Data Protection Conditions and Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 modified by Legislative Decree . n. 21/14 and Legislative Decree 70/03) by parties
Comeri Pietro Elia
Birth place: Modena
Date of birth: 24/06/1981
Residence: Via Ganaceto 13, 41121 Modena
Fiscal Code: cmrprl81h24f257j
3. Before accessing the products supplied by the site, the user is required to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which ASPIS Wear reserves the right to modify unilaterally and without notice.
5. It is possible to use the site and therefore to access products supplied by the same and to purchase these in the following languages:
Art. 2 - Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of orders for the purchase of products on ASPIS Wear and do not, however, govern the supply of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before submitting orders and purchasing products and services from different subjects, we suggest checking their conditions of sale.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the methods of delivery of the products purchased and the related shipping and delivery costs, a reference to the conditions for exercise of the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm the reading of the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the "SEND order" button at the end of the guided procedure.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 - Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his / her personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email in the email provided by him. Confirmation must be communicated within 365 days at the latest. After this period, in the absence of confirmation, ASPIS Wear will be released from any commitment towards the user.
3. The confirmation will in any case release ASPIS Wear from any responsibility regarding the data provided by the user. The user undertakes to promptly inform ASPIS Wear of any variation of their data communicated at any time.
4. If the user then communicates incorrect or incomplete data or even in the event that there is dispute by the interested parties about the payments made, ASPIS Wear will have the right not to activate or to suspend the service until the related deficiencies are remedied.
5. When the user first activates a profile, ASPIS Wear will attribute the same username and password. The latter acknowledges that these identifiers constitute the validation system of the user's access to the Services and the only suitable system to identify the user that the acts carried out through such access will be attributed to him and will have binding effect on him.
6. The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.
Art. 5 - Availability of products
1. The availability of the products refers to the actual availability at the moment the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
3. If the buyer requests the cancellation of the order, by terminating the contract, ASPIS Wear will refund the amount paid within 5 days from the moment in which ASPIS Wear had knowledge of the buyer's decision to terminate the contract.
Art. 6 - Products offered
1. ASPIS Wear markets:
Ethical and organic clothing
Art. 7 - Methods of payment and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error ASPIS Wear will notify the buyer as soon as possible allowing the order to be confirmed at the correct amount or to be canceled. In any case, there will be no obligation for ASPIS Wearl to supply what was sold at the lower price incorrectly indicated.
3. The site prices are inclusive of VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. The order details can be changed before payment.
Art. 8 - Delivery
1. ASPIS Wear makes shipments throughout Italy, excluding the state of Vatican City and the Republic of San Marino.
2. ASPIS Wear will only make deliveries to the user's home, provided at the time of purchase.
3. Delivery is generally made within 4 working days, or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within the maximum term of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify where the order is located and how to agree on a new delivery.
5. If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date.
6. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract.
7. As a consequence of the termination, the amounts will be refunded, including the delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 5 days from the contract termination date. . The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
8. Shipping costs are paid by the buyer and are explicitly highlighted at the time the order is placed.
Art. 9 - Passing of risk
1. The risks relating to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them has been received, including shipping costs, or at the time of delivery, should this occur at a later time.
Art. 10 - Warranty and commercial compliance
1. The seller is responsible for any defect in the products offered on the site, including the nonconformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer or any physical person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect occurs within 24 months from the delivery date of the products; that the buyer submits a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is completed correctly.
3. In the event of non-compliance, the buyer who has entered into the contract as a consumer will have the right to obtain the restoration of conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract in relation to disputed goods and the consequent return of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day term starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal of the purchase can send an email, indicating the order number and user name, to:
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not mandatory.
5. The goods must be sent back to:
Via Ganaceto 13, 41121 Modena
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with above, the site will refund the amount of the products subject to withdrawal within a maximum period of 10 days, including any shipping costs.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer has demonstrated that he has sent the goods back.
8. The right of withdrawal will not apply if the ASPIS Wear services and products are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will reimburse using the same payment method chosen by the buyer in the purchase phase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he will have to provide the bank details: IBAN, SWIFT and BIC necessary to carry out the refund.
Art. 12 - Data processing
1. By using the site, the user authorizes the processing of his personal data. This information also has value for the purposes of article 13 of EU Regulation no. 2016/679, relating to the protection of individuals with regard to the processing of personal data as well as to the free movement of candidates.
2. The owner of the treatment is Comeri Pietro Elia.
3. Responsible for the treatment, appointed by the owner, is Comeri Pietro Elia.
4. The data will be processed at ________.
5. The data is processed exclusively electronically, through IT tools and media designed to ensure the security and confidentiality of the data. The stored information is protected from unauthorized access.
6. We proceed to the processing of the data provided by users relating to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
7. The purpose of the use of these data is the execution of the purchase order and payments, the communication of the data to third party suppliers of payment, shipping services as well as the contacts of an informative nature about the activities and services of the site, offers of commercial nature of the affiliated companies and commercial partners.
8. The provision of data and consent to the processing for the purposes referred to in the contract or the fulfillment of the order and the related payment is necessary for the conclusion itself and for the execution of the contract therefore the refusal to provide such data or to give consent the relative treatment results in the impossibility for the user to purchase the products and services offered.
9. The provision of data and consent to the processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to the related processing may result in the impossibility for the user to receive these additional services.
10. The user, in always has the right for his data to be updated, corrected or integrated, the cancellation, the transformation into anonymous form or the blocking of the data processed in violation of the law, including those whose conservation is not necessary in relation to the purposes for which the data have been collected or subsequently processed, the attestation that the operations have been brought to the knowledge, also as regards their content, of those to whom the data have been communicated or disseminated, except for the case in which this fulfillment proves impossible o involves the use of halves which are manifestly disproportionate to the protected right.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and processing of personal data which concern him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
12. The user can also withdraw the consent to the processing of their data previously given to ASPIS Wear at any time.
13. All rights provided by EU Regulation 2016/679 can be exercised by the user, by writing to the following email: email@example.com
14. At the first visit, the user will be invited to choose their own language and will offer the possibility to save the preferred language. To this end, the user authorizes the use of the identification codes c.d. cookies, i.e. small files sent from your internet server and recordable on the user's computer hard drive.
15. The hard drive collects information about the user's language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user's browser type.
Art. 13 - Safeguard clause
1. In the event that one of the clauses of these General Conditions of Sale were void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 14 - Contacts
1. Any request for information can be sent by email to the following address: firstname.lastname@example.org.
Art. 15 - Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to them must be resolved exclusively by the Italian judicial authority. In particular, if the buyer holds the status of Consumer, any disputes must be resolved by the court of the place of residence or residence of the same according to the applicable law.
These conditions were drawn up on 30/06/2019.
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