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1.1. These Terms and Conditions of Sale govern the purchase of products branded “LE SIBILLE” (hereinafter “Products”) through the e-commerce website www.lesibille.it (hereinafter the “Website”) by users qualified as “Consumers”. Each User must read carefully and accept these Terms and Conditions before making any purchase on the Website. The Website, owned by LE SIBILLE srl., with registered office in Roma, Via Muzio Clementi n. 68/b tax code, VAT number and registration number in the Companies’ Register of Roma n. 05736811000 (hereinafter “Owner”), is managed by Le Sibille srl.
1.2. The purchase of Products made through the Website will have, as parties, Le Sibille as seller (hereinafter the “Seller”), and the person who purchases one or more Products for purposes not related to his or her own business, commercial, artisan or professional activity, as buyer (hereinafter the “Consumer”). Seller and Consumer shall hereinafter be collectively referred to as the “Parties”.
1.3. The Owner is not a party to these Conditions, but is the owner of the rights on the Website’s domain name, the logos and trademarks related to the products present on the Website, as well as the copyright on the Website’s contents.
1.4. Any communication by the Consumer connected and/or related to the purchase of Products – including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc.. – must be sent to the Seller by filling out the appropriate form under the heading “Contacts” in the footer of the website.
1.5. Every purchase is regulated by the general conditions of sale and by the general conditions of use, as well as by the procedures for the exercise of the right of withdrawal and for the procedures for the return of the Products in the version that will be published on the Website at the moment of the transmission of the order by the Consumer.
1.6. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects that are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale
will apply but, as an exception to what is provided in them:
a) the purchaser shall not be entitled to the right of withdrawal referred to in Article 10;
b) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8;
c) the purchaser will not be recognized any other protections, herein provided in favor of the consumer, which reflect or conform to mandatory provisions of law;
d) the contract of sale concluded between the Seller and the Purchaser shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. In order to be able to make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
2. Characteristics of the products and their availability in different geographical areas
2.1. Products are sold with the characteristics described on the Website and according to the general conditions of sale published on the Website at the moment the order is sent by the Consumer, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to change the present general conditions of sale at any time, at its own discretion, without giving any notice to the Website users. Any change made will be effective from the date of publishing on the Site and it will be applicable only to the sales completed after that date.
2.3. The prices, the Products on sale on the website and/or their characteristics are subject to variations without notice. Before sending the purchase order pursuant to the following article 3, the Consumer shall verify the final selling price. The prices of the Products are shown in euro and include
VAT.
2.4. The Site may be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries belonging to the European Community (Italy, Austria, Latvia, Belgium, Lithuania, Bulgaria, Luxembourg, Czech Republic, Malta, Cyprus, Netherlands, Croatia, Poland, Denmark, Portugal, Estonia, Romania, Finland, Slovakia, France, Slovenia, Germany, Spain, Greece, Sweden, Ireland, Hungary).
2.5. Despite all efforts to represent the Product(s) as accurately as possible through the use of photographs and other images provided on the Site, some Products may appear slightly larger or smaller than their actual size due to screen defects or photographic techniques used. Other items may be represented on a larger scale than their actual size in order to highlight all the details, or on a smaller scale in order to show the item in its entirety. Furthermore, the details visualized on screen (the colors, their intensity, drawings, etc…) depend on the characteristics of the equipment used, so they may not accurately reflect the actual properties of the Products to be delivered.
3. How to purchase Products - Finalisation of each individual purchase contract
3.1. The presentation of the Products on the Website, not mandatory for the Seller, represents a mere invitation addressed to the Consumer to formulate a contractual proposal of purchase and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Website has the value of a contractual proposal and is regulated by the general conditions of use, as well as by the procedures for the exercise of the right to withdraw and for the return of the Products, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without any reserve. Before proceeding with the purchase of the Products through the sending of the purchase order, the Consumer will be asked to read carefully these general conditions of sale and the right of withdrawal policy, to print a copy through the printing command and to memorize or reproduce a copy of it for personal use. In addition, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The purchase order of the Consumer is accepted by the Seller by sending to the Consumer, at the e-mail address declared by the Consumer to the Seller at the time of registration to the Website or at the time of the transmission of the order if the Consumer is not registered to the Website, an e-mail confirming the order, which shall contain the link to the text of these Conditions, as well as the procedures for the exercise of the right to withdraw and for the procedures for the return of the Products, the summary of the order made and the description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the general conditions of sale applicable to the relationship between the Parties shall be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at info@lesibille.it.
3.4. Every contract of purchase of the Products is deemed to be concluded when the Consumer receives the confirmation of the order from the Seller via E-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the provided virtual shopping cart. Once the Product is chosen, the Consumer will be able to select and also add the size. If the size is not available at the time of the Purchase, the Consumer will be able to ask for information by filling the appropriate form given in the card of the chosen Product.
4.2. Once the selection of the Products has been completed, in order to proceed with the purchase of those inserted in the cart, the Consumer shall be invited to (i) register on the Website, providing the requested data, or (ii) to log in, if the Consumer is already registered, or (iii) to provide his/her own data in order to complete the order and allow the conclusion of the contract. In the event that the data indicated in the order are different from that provided during registration on the Website, the Consumer shall be requested to confirm the data (by way of example but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the invoicing address and a telephone number where he may be contacted for any communications relative to the purchase made and the shipment. The Consumer shall display a summary of the order to be carried out, the contents of which may be modified: therefore, the Consumer, after having carefully read the order, must expressly approve the present Conditions, as well as the procedures for the exercise of the right to withdraw and for the procedures for the return of the Products, by means of the specific check-box present on the Website and finally, through the “Place order” button, the Consumer shall be requested to confirm his
order, which shall be definitively sent to the Seller and shall produce the effects described in the previous paragraph 3.2 of the present agreement. The consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides to pay immediately (at the time of purchase) by credit card, PayPal or immediate bank transfer, he shall be required to communicate the relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. The purchase amount shall be debited only when the order confirmation is sent by the Seller to the Consumer.
4.3. At the end of the aforementioned operations, the Consumer shall also receive- to the e-mail address registered and/or communicated at the time of purchase – an order confirmation communication. This communication shall be preserved in order to be put in the return package in the eventuality of withdrawal from the contract, and, of return of the purchased products.
4.4. Once the order has been confirmed and processed by the Seller, the Consumer shall receive a communication with the tracking of the shipment.
4.5. The consumer will be able to cancel the order only if the Product(s) haven’t already been taken over by the Shipper. In order to verify this circumstance, the Consumer shall contact the Seller as soon as possible with the form available under “Contacts” in the footer of the site. If the product(s) have been taken over by the Shipper, it shall not be possible to proceed with any cancellation and in this case, if the Consumer is interested, he shall proceed with the exercise of the right of withdrawal.
5. Delivery of goods and acceptance
5.1. The Website indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do everything within its power to respect the delivery times indicated on the Website and, in any event, to execute the delivery within a maximum time of 30 (thirty) days starting from the day following that in which the Consumer has transmitted the order. In the event of failure to execute the order on behalf of the Seller, due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and shall provide for the reimbursement of the sums already paid by the Consumer for the payment of the Product, pursuant to the subsequent paragraph. If the Purchaser has chosen bank transfer as the method of payment, the delivery period shall commence
upon receipt of the amount due by the Seller.
5.3. The Products ordered by the Consumer shall be shipped in the way indicated on the Website at the time the order is sent. The Consumer undertakes to promptly and as soon as possible check that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or their discrepancy with respect to the order placed, according to the procedure set forth in art. 8 below of these general conditions of sale, failing which the Products shall be deemed accepted. If the packaging or wrapping of the products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse the delivery by the carrier/shipper or to accept the delivery “with reserve”.
5.4. The delivery of the Products shall take place only within the countries of the European Community and it is not permitted for the Consumer to enter countries outside the European Community as a shipping address.
5.5. In the event that the delivery of the Products is not completed due to the absence of the receiver or any other obstacle, it should be noted that the shipper generally makes two further delivery attempts. In case of failure, the shipment will be placed in storage at the Shipper’s local warehouse. The receiver shall release the deposit by giving the courier new instructions to complete the delivery. If no instructions are received after 3 days from the time the Products have been placed in storage, they will be returned to Le Sibille srl.
6. Prices, shipping costs, taxes and fees
6.1. The prices indicated in this Website refer to the price list valid for the Italian and European market. The price of the Products is that indicated on the Website at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and indirect taxes (if applicable). Le Sibille shall bear the costs of shipping the purchased Products whether the shipment is made on Italian territory or abroad, in one of the countries of the European Community.
6.2. The Consumer shall pay the total price to the Seller, as indicated both in the order and in the order
confirmation sent by e-mail by the Seller to the Consumer.
6.3. Any additional cost, charge, tax and/or duty that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of the present general conditions of sale shall be borne exclusively by the Consumer.
6.4. The Purchaser declares that the lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in paragraph 6.3. above, at the time of sending an order to the Seller, shall not constitute grounds for terminating the present contract and that it cannot in any way charge the aforementioned charges to the Seller.
7. Payments
7.1. The payment of the price of the Products purchased through the Website must be made at the same time as the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressely accepts that the performance of the agreement from the Seller will start at the moment of the crediting of the price of the Product/s purchased on the Seller’s current account.
7.2. Payment may be made by the following methods, Visa, Visa Electron, MasterCard, Bank Transfer, Paypal, under the conditions described below. The Seller may allow other payment methods, indicating them in the payment section of the Site.
7.3. The Vendor shall promptly transmit the order confirmation to the Consumer by e-mail to the address declared by the same.
8. Seller's legal guarantee of conformity, reporting of conformity defects and warranty work
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products shall be free from defects in design and material and conform to the descriptions published on the Website for a period of 1 (one) years from the date of delivery of the Products to the Consumer. No warranty shall apply in the event that the Product is used or washed in a manner contrary to the Product's intended use and with the instructions/warnings provided by the Seller and/or the Owner, or contained in the explanatory illustrative documentation, tags or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer must report any defects and non- conformities within and no later than 2 (two) months from their discovery, making a request online in the reserved area or through the page [link to page] with an indication of the defect and/or non-conformity found, as well as at least n. 1 (one) photograph of the Product, suitable to represent the alleged defect.
8.3. Following the receipt of the request and the relative documentation, the Seller shall value the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the qualitative controls aimed at verifying the effective non-conformity of the Product, shall decide whether to authorise the return of the Products by providing the Consumer with a form, containing the “Return Code”, via email to the address provided by the latter during the registration process on the Website or during the transmission of the order. The authorisation to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be determined after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the communication authorising the return showing the “Return Code” and further documentation (shipping label, first order confirmation) necessary to formalise the return, within 30 (thirty) days from the reporting of the defect or non- conformity, to the following address: Le Sibille srl, via Muzio Clementi 68/b, 00193 Roma. The Products must be returned in the same conditions in which they were dispatched.
8.3. Following the receipt of the request and the relative documentation, the Seller shall value the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the qualitative controls aimed at verifying the effective non-conformity of the Product, shall decide whether to authorise the return of the Products by providing the Consumer with a form, containing the “Return Code”, via email to the address provided by the latter during the registration process on the Website or during the transmission of the order. The authorisation to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of
which must be determined after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the communication authorising the return showing the “Return Code” and further documentation (shipping label, first order confirmation) necessary to formalise the return, within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address: Le Sibille srl, via Muzio Clementi 68/b, 00193 Roma. The Products must be returned in the same conditions in which they were dispatched.
8.4. In the event that the Seller is obliged to reimburse the Consumer the price paid, the reimbursement shall be made, where possible, by means of the same payment method used by the Consumer at the time of the purchase of the Product.
8. Seller's legal guarantee of conformity, reporting of conformity defects and warranty work
9.1. Without prejudice to the exceptions referred to in Article 59 of the Consumer Code and the case indicated in Article 9. 7, the Consumer is acknowledged the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 5 (five) days from when (i) the Product has been delivered or (ii) in the event of the purchase of several Products delivered separately with a single order, the last Product has been delivered as specified and described in the conditions and procedures for the exercise of the right to withdraw and for the procedures for the return of the Products.
9.2. In order to exercise the right of withdrawal, the Consumer must inform Le Sibille srl., before the expiry of the term referred to in point 9.1 above, of his decision: sending an explicit declaration to Le Sibille srl by means of the contact form or at the e-mail address info@lesibille.it, providing the following information: a) the order number, b) an indication of the product(s) for which they wish to exercise the right of withdrawal.
9.3. Following the provisions of point 9.2 above, the Consumer shall receive an e-mail confirming the exercise of the withdrawal, containing the documentation relating to the return to be included in the package, and the instructions for proceeding with the return of the product. The Consumer shall return the product to Chantecler S.p.A. without delay and, anyway, within 14 days from the communication of the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. In the case of orders in Italy: the Seller, after verifying the request, contacts the Shipper and books the pick-up at the place established by the Consumer and on the day suggested. The Seller will send the shipping label to the Consumer which will have to put it on the package. The shipping costs are in charge of Le Sibille srl in the case of foreign orders: the Seller, having verified the request, will confirm the return. The risks and costs of the return of the goods, as well as its proof, will be in charge of the Consumer.
9.4. In case of withdrawal, the Consumer will be reimbursed of the payments done, without delay, and, in any case, within 14 days from the date in which the Seller received the products or on which there was evidence of their return. These refunds will be carried out by using the same payment method used by the Consumer for the initial transaction.
9.5. The consumer is responsible for the return of the Products and the goods which will result damaged or which do not meet the conditions for return (e.g. showing signs of wear, abrasion, scratches, deformations, etc., not complete with all their parts and accessories, not accompanied by the enclosed instructions/notes/manuals, the original packaging and wrapping and the guarantee certificate, if any) will not be accepted. To this end, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and functioning and to return the product in accordance with the instructions provided by the Seller.
9.6. Exclusion of the right of withdrawal – Pursuant to article 59, first paragraph, letter c) of Legislative Decree no. 206/2005 (Consumer Code), the consumer’s right of withdrawal is excluded in relation to the supply of custom-made Products. With reference to the above mentioned case of exclusion of the right of withdrawal, the Consumer is informed and accepts that among the Products “made to measure or clearly customised”; in relation to which, therefore, the right of withdrawal pursuant to this Art. 9 shall not apply.
9.7. Replacement of ordered product size. The Consumer is only entitled to replace the size of the Product ordered. The Consumer may not replace the Product ordered with a different Product. Despite the provisions of Articles 9.6 and 9.7 above, the replacement of the Product size ordered shall take place in accordance with the procedures set out in Articles 9.2 and 9.3 above. To proceed with the replacement, the Consumer shall send an explicit declaration to Le Sibille srl by means of the contact form or at the e-mail address info@lesibille.it. The replacement of the Product size will not result in any credit note being issued.
10. Intellectual property rights
10.1. The Consumer declares to be informed that all the brands, the names, any distinctive sign, designations, image, photograph, written text or graphic used on the Website or related to the Products are and remain exclusive property of Le Sibille srl and/or its successors in title without the access to the Website and/or the purchase of the Products entitling the Consumer to any right on the same.
10.2. The Website contents cannot be copied, neither integrally nor partially, transferred with electronic means or conventional ones, modified or used for any purpose without Le Sibille srl prior written consent.
11. Consumer data and protection of privacy
11.1. In order to succeed with the registration, the dispatch of the order and the conclusion of this Contract some personal datas are asked to the Consumer through the website. The Consumer acknowledges that the personal data provided shall be registered and used by the Seller and by Le Sibille srl., in compliance with and in accordance with the regulations and the Privacy Code in order to execute each purchase made through the Website and, subject to the consent of the Consumer, for any further activities as indicated in the privacy policy provided to the Consumer through the Website at the time of registration.
11.2. The Consumer declares and guarantees that the data given to the Seller during the registration and purchase process are correct and true.
11.3. The Consumer will be able to update and/or modify its personal data given to the Seller at any time through the special section “My Account” on the Website, accessible after authentication.
11.4. For any further information on how personal data is processed, please access the Privacy Policy section.
12. After Sales - Repairs
12.1. For any maintenance or reparation work the Customer have to send an explicit declaration to Le Sibille srl by means of the contact form or at the e-mail address info@lesibille.it.
13. Applicable law, attempt at conciliation and place of jurisdiction
13.1. Any contract of sale concluded between the Seller and the Consumers pursuant to these general terms and conditions of sale shall be governed by and construed in accordance with the laws of Italy and, in particular, by Legislative Decree No. 206 of 6 September 2005 on the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any case, the rights that may be attributed to Consumers by mandatory provisions of law in force in their country shall not be affected.
13.2. In the event of disputes between the Seller and a Consumer, we guarantee as of now our participation in an attempt at friendly conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable manner on the internet. For more information on the RisolviOnline rules or to submit a conciliation request go to www.risolvionline.com.
13.3. If the attempt at conciliation referred to in point 13.2 above is not adopted or is unsuccessful, the dispute shall be referred to the judge of the place of residence of the Seller (Foro of Roma).