Preamble
These general conditions of online sale (hereinafter "GCS") govern the contract of sale (hereinafter, the "Contract") of products (hereinafter, the "product" or the "products") offered by
La Perla Preziosi
Piazza Cesare Sessa Raffadali AG Italy 1
through its website www.isaclo.com (hereinafter, the "site") to users of the site (hereinafter, the "customers" or the "customer").
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.isaclo.com in compliance with the current regulations on e-commerce and distance contracts.
La Perla Preziosi is an official authorized reseller of all Brands present on the site. Company details: La Perla Preziosi Piazza Cesare Sessa Raffadali AG Italy
Email : laperlapreziosi@gmail.com
All information contained in the site www.isaclo.com (hereinafter referred to as the Site) are in Italian and English.
The customer declares to have read all the above information and general conditions of sale before placing the order.
1. Acceptance of General Conditions of Sale The customer, with his purchase order, unconditionally accepts and undertakes to observe in his dealings with La Perla Preziosi, the general conditions and payment conditions indicated below, declaring that he has read and accepted all the information provided to him, also noting that the application of any other clause is excluded unless the same are not previously agreed in writing with La Perla Preziosi
2.Territory and coverage of the offer This version of the general sales conditions refers to sales made to consumers having their domicile or residence in Italy and abroad .
3. Obligations of the customer The General Sales Conditions must be examined ON LINE by customers visiting the isaclo.com store before placing an order in any way (by phone, email, internet, other). The submission of the order confirmation therefore implies full knowledge of these General Terms and Conditions of Sale and their full acceptance. The customer also undertakes, once the purchase process is completed, to print and keep these general conditions of sale, already viewed and accepted throughout the purchase process.
The Customer makes the purchase of the products by consulting the descriptive and technical sheets present ON-LINE and is therefore solely responsible for the choice and suitability of the product for the purpose.
4. Assumption of responsibility It is the responsibility and obligation of the purchaser to find out the specific compatibility of what he intends to purchase with his own needs. The technical and functional characteristics relating to the products published by La Perla Preziosi. through its own informative messages in the internet pages describing the articles are those communicated by the respective producers. La Perla Preziosi does not assume any responsibility regarding the truthfulness and completeness of such information. The images of the products are indicative and not binding. Products are not supplied on a trial basis. Although the Site may provide indications on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the correspondence and conformity of the specifications indicated by each manufacturer to his own needs. The photographs and videos presenting the products accompanying the descriptive information are published on the site by way of description, taking into account the fact that the quality of the images, including an exact display of the colour variants, may depend on the software and computer tools used by the customer at the time of connection to the site isaclo.com does not assume any responsibility for problems caused to the customer by the use of the site and the technologies used, as they do not depend on their own will.
5. Prices The purchase is made by the customer and relates to the products as illustrated and described ON-LINE in their descriptive and technical sheets (the images are indicative). The price established at the time of purchase is fixed and definitive. It does not include delivery costs, which are invoiced separately and will be indicated in the order confirmation. For delivery within the European Union, the prices include the VAT applicable on the day of the order. They are therefore indicated including VAT. No other customs duties or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may affect the selling price of the products in the catalogue.
For a delivery outside the European Union, the customer shall pay the customs duties, VAT or other taxes related to the importation of the products in the country where the delivery will be made.
The relevant formalities are the sole responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the import possibilities of the ordered products with regard to the law of the territory of the country of delivery.
6. Payments and invoicing The customer undertakes to pay, if necessary, and this directly to the carrier or transporter, customs duties, VAT or other taxes relating to the import of the products into the countries where delivery will take place. The payment of the purchased products and related shipping costs must be made by the customer in the following ways: Credit Card, Paypal, Bank Transfer. (The various options on payment instruments will be further specified during the purchase process) Payment by bank transfer is subject to the following conditions: The bank transfer must be received within 10 working days of placing the order. After this date the order will be considered void. The goods will be shipped only after verifying the crediting in our bank account. The ordered Products remain property of La Perla Preziosi until the final and full payment of their price (according to Art. 1523 and following of the CC.). La Perla Preziosi reserves the right to claim the ordered Products in case of non-payment. In this hypothesis and upon request of La Perla Preziosi, the Customer undertakes to return any unpaid Product, with expenses at his own charge. Each order of Products transmitted to isaclo.com constitutes a contractual proposal of the Customer. The execution of the order by isaclo.com is equivalent to confirmation and acceptance of the same. The fiscal documentation related to the ordered Products will be issued by La Perla Preziosi at the moment of the shipment of the Products to the Customer. The purchasing customer undertakes to provide the exact information for the shipping and invoicing address; in case of wrong sending of such data, all eventual additional costs of recovery and resending are charged to the purchasing customer.
7. Delivery of products and execution of the order The purchased products will be delivered by La Perla Preziosi. by courier or carrier, to the address indicated by the customer as the destination address. The choice of the various methods of shipment will be made by the customer at the time of purchase. For our shipments we rely on the service of qualified couriers such as TNT or carriers specializing in the delivery of our products to ensure the quality of service and integrity of the products. The duly packaged goods travel on behalf of and at the risk of the purchaser from the moment of delivery to the carrier. At the time of delivery, the customer must check the integrity of the packages. In the event of delays, failures, total or partial losses, it is the customer's right to appeal to the carrier without isaclo.com's responsibility ever being taken into account.
Therefore, upon delivery, isaclo.com recommends that the customer checks the condition of the delivered products before signing the acknowledgement of receipt of the package. Once the signature of acceptance has been affixed, it will no longer be possible to contest any damages or aesthetic anomalies reported on the products. We remind customers that it is their duty to open the contents of the package if there are any signs of damage on the package.
If you notice any anomalies in the product, you must refuse delivery of the products or accept them by putting your detailed and dated reservations in writing in the acknowledgement of receipt. A copy will be sent to La Perla Preziosi, Piazza Cesare Sessa Raffadali AG Italy
Normally deliveries take place within 3/4 days for Italy and 8/10 days for European destinations only for products in stock. Deliveries for products not in stock are made within 1 to 8 weeks from receipt of credit. The shipping terms indicated on the website, although carefully evaluated, are not binding for La Perla Preziosi which can subsequently confirm or modify them, according to its own needs. Shipping times are indicated in working days. Delivery times are indicative if there are no physical or structural impediments (e.g. incorrect addresses) or force majeure events such as strikes, natural disasters, problems related to transport/supply/manufacturing, exchange rate fluctuations, governmental and/or regulatory actions. If the event of force majeure persists for a period of more than two months with respect to the normal delivery time, each of the Parties shall be entitled to withdraw from the contract, without any compensation being due to the other Party. The delivery shall be considered as executed from the moment in which the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the goods. In the event of an error inherent to the Product, the Customer undertakes to return said Product or the Products concerned to La Perla Preziosi. within 7 (seven) days from receipt, on condition that they are returned with their packaging closed, in their original state and packaging with the accompanying documents. The delivery of products, unless otherwise specified, is always intended at street level for orders placed by cart. The customer, by purchasing, accepts these conditions.
8. Availability of the products The definition of the warehouse on the virtual shop is purely fictitious; it could happen that an article purchased is temporarily out of stock. In this case, isaclo.com guarantees the regular execution of the order placed, reserving the right to request the goods temporarily out of stock from its suppliers. In such a case, the purchaser will not be able to exercise the right of withdrawal due to the lack of immediate delivery, i.e. delivery made later than explicitly stated in the product sheet. The customer accepts these conditions by purchasing.
9. Withdrawal of products in case of absence of the customer In case of absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. The products must be collected at the address and in the manner indicated by the carrier.
If the products are not collected within the term established by the carrier, they will be returned to La Perla Preziosi
. In this case the customer will not be entitled to any refund. The costs of transporting the products back to La Perla Preziosi will be borne by the customer.
10. Right of withdrawal
The consumer has the right to withdraw from any distance contract, without penalty and without specifying the reason, within 10 working days from the completion of the order (the order is considered completed from the time of receipt of payment of the product / s) or from the day of delivery to the consumer. The right of withdrawal must be exercised by the customer, under penalty of forfeiture, by sending a registered letter with return receipt to La Perla Preziosi Piazza Cesare Sessa Raffadali - Agrigento - Italy.
The above communication can also be sent, within the same term, by telegram or fax to La Perla Preziosi at +39.0922 38430, provided that it is confirmed by registered letter within 48 (forty-eight) hours after sending the telegram or fax.
The consumer may not exercise the right of withdrawal for contracts for the supply of any goods not prefabricated produced on the basis of an individual choice of the consumer, (the current wording of the law states that the right of withdrawal is not exercisable for "goods manufactured on an individual choice or clearly personalized"): the vast majority of products in our catalog falls into this category, for more information contact Customer Service.
All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by Customer Service. The product must be returned in its original packaging. It must not have been used, nor have suffered even minimal damage and be in a state of perfect cleanliness. Once the return has been authorized, the Customer may return the Product to the following address: La Perla Preziosi Piazza Cesare Sessa Raffadali - Agrigento - Italy.
. Cash on delivery packages will not be accepted. Once the Products have been received (and their integrity verified) La Perla Preziosi
will refund the Customer the amount paid as soon as possible, within a maximum of 30 days. For this, it will communicate to isaclo.com its bank details. The costs of return are charged to the customer. Following receipt isaclo.com will examine the goods to check for any damage or tampering (the substantial integrity is an essential condition for the exercise of the right of withdrawal).In case of damage to the goods during transport of the returned goods, La Perla Preziosi. will notify the Customer of the event (within 5 working days from receipt of the goods in its stores), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the property (if insured); in this case, the Product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal. La Perla Preziosi is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments. During the withdrawal period mentioned in article 15, the Customer is responsible for the object as custodian. In case of damage or destruction of the Product during the custody of the Customer, the right of withdrawal will be forfeited. N.B. All shipping and packaging costs for the return of the goods shall be borne by the Customer (as provided for by art. 67 paragraph 3 of Legislative Decree no. 206 of 06/09/05).
11. Replacements Any replacement of defective parts or parts damaged in transit takes just a little less time or even the same as the production time as these are almost always products on order. The replacement practice will be started as soon as we receive the photographic documentation produced by the customer, which must reach us in the immediate period following delivery. The possible replacement of products made to order will not be carried out in the event that the purchaser objects to differences in the colours and/or shades of fabrics, leather, metals, wood, glass or other materials published on the Site. In any case, we will endeavour to work as quickly as possible in order to reduce the waiting time.
12. Return of defective or damaged goods In the case of defective goods, the same may be returned to La Perla Preziosi within 7 days from delivery. Shipping and packaging costs for the return of the shipment are at La Perla Preziosi's charge. Defective goods will be replaced or refunded if it is not possible to replace it with the same product. If the customer receives packages that are visibly damaged by the carrier and/or transporter (broken or visibly damaged packaging), we will proceed as follows: - If it is more than one package, reject only the damaged package to the sender. We will then contact the customer and agree on replacement and / or refund. - If it is a shipment of one package, reject the shipment to the sender and as before we will then contact the customer and agree replacement and / or refund. In case of exhaustion of the broken product, the customer will be contacted for a possible replacement with an article of equal value and characteristics available or alternatively for the refund of the sums paid.
13. Complaints. Complaints about the non-conformity of the product(s) delivered with the order must be sent in writing directly to La Perla Preziosi immediately after receipt of the goods. The Customer must keep the original packaging and the delivery document.
14. Warranty - Technical Assistance La Perla Preziosi guarantees only the material integrity of the Products at the time of delivery. Any defects covered by the La Perla Preziosi Warranty must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In case of La Perla Preziosi Warranty, the Customer will only be entitled to the replacement of damaged Products upon their return, being excluded the Customer's right to compensation for any damage, even further. The shipping costs necessary for the replacement of products are borne by La Perla Preziosi. La Perla Preziosi does not provide any further guarantee on the Products compared to the one provided by the single Manufacturers. Technical assistance and interventions under warranty on the Products are carried out, where foreseen, by the individual Manufacturers, according to the terms and methods reported in the documentation attached to the Products themselves. In particular, La Perla Preziosi does not guarantee the compatibility of the Products with other products or equipment used by the Customer, nor does it guarantee the suitability of the Products for the specific use intended by the Customer. Except for cases of fraud or gross negligence of La Perla Preziosi . it is hereby agreed that, if La Perla Preziosi . is found to be responsible for any reason to the customer - including the case of total or partial failure to fulfill its obligations to the customer as a result of the execution of an order - the responsibility of La Perla Preziosi . cannot be higher than the price of the products purchased by the customer and for which the dispute arose.
15. Protection of personal data La Perla Preziosi is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for data relating to the payment process for which reference is made to the banks through which the transaction takes place. For information relating to the processing of personal data, including the rights under Art. 7 D. Decree Law 196/03, please refer to the detailed information already provided at the time of registration at the Site www.isaclo.com By purchasing, the customer accepts these conditions and holds La Perla Preziosi harmless from any recourse or claim to detailed instructions.
16. Nominative information
The computer processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of the law.
The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guarantee contracts. For this purpose, this information may be communicated to La Perla Preziosi's contractual partners
. The Customer may object to such communication and, in accordance with the law, has the right to access, modify, rectify and delete data concerning him by contacting La Perla Preziosi. To avoid any attempt at fraud, La Perla Preziosi may ask you for proof of your identity, your address.
17. Electronic signature The "validation click" constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
18. Entirety of the contract The present general conditions of sale constitute the entirety of the obligations of the parties. No other general or specific conditions communicated by the Customer may be included in or excluded from these general conditions.
19. Intellectual and industrial property rights isaclo.com informs you that the site, as well as all trademarks and distinctive signs used in connection with the sale of products offered, are protected by intellectual and industrial property rights applicable and that it is prohibited any reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur isaclo.com reserves the right to take legal action to protect these aspects.
20. If one or more provisions of these general conditions should be considered invalid or declared so in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
21. Applicable law The sales contract between the Customer and La Perla Preziosi is concluded in Italy and governed by Italian law.
22. Jurisdiction In case of dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined in art.1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute related to these Terms and Conditions, will be devolved to the exclusive jurisdiction of the Court of Agrigento. Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood the following clauses of the General Conditions of Sale of La Perla Preziosi ..: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22