Terms of Service and Conditions of Sale
General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to the products’ offer and sale accomplished through the incantesimodesign.com/shop Web site (hereinafter referred to as Site).
For any other legal information, please refer to the following sections: Privacy Policy and Right of Withdrawal.
The Customer is required, prior to submitting his or her order, to carefully read these General Terms and Conditions of Sale.
The forwarding of the purchase order implies the full acknowledgment and acceptance of both the aforementioned general conditions of sale and of what is indicated on the Order Form.
After completing the online shopping procedure, the customer must print and retain these general conditions of sale and the relevant order form, which have already been viewed and accepted.
Subject
These General Terms and Conditions of Sale relate to any product sale finalized in the online shop https://incantesimodesign.com/shop (hereinafter referred to as Site).
Products sold through the Site can be purchased and delivered exclusively to the countries indicated on the Order Form. Any shipment orders outside these countries will be automatically rejected during the order procedure.
Subjects
The direct seller of products is INCANTESIMO DESIGN by Mario Bernerio Via Dante, 62 – 20087 Robecco sul Naviglio (MI) ITALY – info@incantesimodesign.it, Chamber of Commerce REA registration number – 1501713, VAT number 11576680158 (hereinafter referred to as Online Shop incantesimodesign.com or Seller). For more information, please contact the Seller via e-mail at: info@incantesimodesign.it
These General Terms and Conditions of Sale apply to the offer, forwarding, and acceptance of purchase orders for products on the Site. The products are sold to the Customer. This is identified by the data entered when completing and sending the order form in electronic format, as when accepting these General Terms and Conditions of Sale.
The products offered on the Site are for adult customers. Customers under 18 need a parent or a legal guardian as consent for him/her to make a purchase on the Site. By placing an order through this Site, the Customer guarantees that he is over 18 years of age and possesses the legal capacity to enter binding contracts.
It is strictly forbidden for the Customer to provide false and/or fabricated and/or fictitious names in the online order procedure and in any further communication. The Seller reserves the right to prosecute any violation or abuse and protect the interests of all consumers.
Further, by accepting these General Terms and Conditions of Sale, the Customer exonerates the Seller from any responsibility resulting from tax documents in error due to the data provided by the Customer when placing the online order. This is because the Customer is the sole bearer of responsibility for entering correct data.
The Order contains:
– the present sale conditions;
– the payment methods that the Customer can use;
– the delivery methods of the purchased Products and the relative shipping and delivery costs;
The information and/or images that illustrate the products on the Site do not fall within the contractual area and are given for descriptive purposes only. Although Incantesimo Design constantly adopts measures to ensure that the photographs shown on its Site are faithful reproductions of the original products, including the use of every possible technological solution to minimize inaccuracies, some variations are always possible due to technical and color resolution characteristics. Consequently, if such inadequacy is due to the aforementioned technical issues, then the Seller is not responsible for potential inadequacy in the representation of products shown on the Site because such representations are merely illustrative. Therefore, product photographs and features are purely illustrative.
Before concluding the contract, the Customer will be asked to acknowledge the General Terms and Conditions of Sale, which includes information on the right of withdrawal and personal data processing. The contract is concluded when the Seller receives the Order Form from the Customer, which is subject to verification regarding the accuracy of the order’s details. The language available to conclude the contract with the Seller is chosen by the Customer. In any case, Italian law applies. Once the contract is concluded, the Seller will take over the Customer’s order for completion.
Order Processing
The customer will receive an e-mail order confirmation with all the elements constituting the contract (including the ordered products, prices, and shipping costs).
Incantesimo Design reserves the right to refuse an order for any reason specifically related to a supply issue or any problem regarding the received order.
The Seller cannot be held responsible for delivery failure due to the Customer’s inaccuracies or incompleteness when filling out the purchase order. The Seller cannot be held responsible for any damage that may have occurred to the products after delivery to the courier in charge of their transport nor for delays that may depend upon the latter. Before submitting the Order Confirmation, the Seller can request further information about the issued Order via the e-mail or telephone number that the Customer has provided.
The Seller may cancel orders that lack sufficient solvency guarantees, are incomplete or incorrect, or experience product unavailability. In such cases, the Seller will inform the Customer by e-mail that the contract is incomplete and that the Seller has not performed the Customer’s Order based on specified reasons. The authorization/charge via the Customer’s payment method will then be reversed.
The Seller reserves the right to refuse orders from a Customer if a legal dispute with him/her regarding a previous order is in progress. This equally applies to all cases where the Seller considers the Customer unfit, including, without limitation, the case of previous violations of the terms and conditions of an online purchase contract or for any other legitimate reason, especially if the Customer has been involved in any kind of fraudulent activity.
If the products presented on the Site are no longer available or on sale, after the Order has been sent, then the Seller will inform the Customer promptly, as well as within thirty (30) working days after the order has been sent, regardless. In this case, the charge via the Customer’s payment method will be reversed.
Prices – Invoice
Prices are in Euros and include VAT.
It is guaranteed that the Customer will be charged the price published on the Site at the time of purchase.
Product prices are final. They do not include any delivery costs. These will be indicated in the order confirmation. Product prices and shipping/handling charges are subject to change without notice. The Customer must, therefore, verify the final sale price before sending the corresponding Order.
Professional customers or companies requesting invoices should contact us by e-mail at info@incantesimodeisgn.it or by telephone at +39 02 94970327.
For the private/professional Client or company that decides not to enter its own VAT, the Seller will not issue an invoice or certify payment by issuing a receipt or fiscal acknowledgment. A sale receipt will accompany the purchase to be kept for warranty and post-sales assistance purposes.
Product, shipping, and delivery prices indicated on the Site and in the Order, unless otherwise specified, shall not include any customs duties and taxes for extra-EU shipping or import charges from countries where the legislation provides for them. These costs are therefore charged to the Customer and must be paid directly upon product delivery in accordance with the information specified in the Order Confirmation.
You can pay the Product price and the relative shipping and delivery costs through the methods indicated on the Site’s order form, which is summarized as follows:
Payment by credit cards and prepaid cards:
for online orders, the Seller accepts both credit card and prepaid card payments (provided they are authorized by a bank or PayPal network) without any additional charge on the cost of the Product and shipment. It is understood that the Customer must hold a valid credit card when ordering Products purchased online and that the name on the credit card must be the same as indicated in the billing information. It will be impossible to proceed with the order in the absence of such prerequisites. Together with the Order Confirmation, the amount corresponding to the Order will be charged to the Customer’s credit card at the time of the online purchase.
Following the payment for the Products purchased online, if for any reason the Customer intends to use the Right of Withdrawal after receiving the package containing the ordered Products, then the Seller will assign the reimbursement by bank transfer.
PayPal:
if the Customer has a PayPal account, then the Seller provides the possibility to make payments directly through the e-mail and password registered by the Customer at www.paypal.com.
At no time during the purchase procedure will the Seller be in a position to know the customer’s credit card information (e.g., credit card number or expiry date). This is transmitted via an encrypted-protocol secured connection directly on the Site of the entity that manages the electronic payment (banking institution or PayPal). The Seller’s digital archives will not retain such information. Under no circumstances will the Seller be held responsible for any fraudulent or illegal use of third-party credit cards and debit cards.
Bank transfer:
Payable to: Incantesimo Design
IBAN: IT 71 C030 6932 3811 0000000 8646
SWIFT: BCITITMM
Bank: Banca Intesa – Branch Abbiategrasso – MI
Every Incantesimo Design item is handcrafted upon purchase.
Each shipment contains:
– the Products(s) ordered;
– the related transport document or accompanying invoice;
– any accompanying documentation required based on the dispatch country
The Seller commits to delivering the products to the address indicated by the Customer in the purchase order via the courier in charge of transporting it. The Seller cannot be held responsible for delivery failure if due to inaccuracies or incompleteness by the Customer when filling out the purchase order.
Upon delivery of goods, the Customer is required to verify the integrity of the packages at the time of consignment by the courier. In particular, this includes the integrity and perfect adhesion of the seal labels on all sides of the package. In case of irregularities, the Customer should point them out to the courier, have them recorded, and reject the delivery. Otherwise, the corresponding right will remain unrecognized. Any irregularity must be communicated to the Seller within 48 hours.
The delivery dates indicated on the Site are purely indicative and the Seller cannot be held responsible for any delays in delivery.
In case of delays, malfunctions, total/partial loss or other issues, the Customer has the right to appeal to the courier without the Seller being held responsible.
In case the recipient is absent during the delivery, the courier will leave an attempted delivery notice at the address indicated by the Customer. In case the recipient is still absent on the second delivery attempt, the product(s) must be picked up at the address and in the manner specified by the courier.
In case of no collection within the term set by the courier, then the products will be returned to the Seller who reserves the right to refund the price of the products while the shipping charge is left to the Customer.
Only if the Customer who signs the contract is a Consumer (by definition any person physically acting on the Site for purposes unrelated to any business or professional activity), will that Customer then have the right to withdraw from the contract concluded with the Seller without any penalty and without specifying a reason. This needs to occur within fourteen (14) working days starting from the day the purchased products were received from the Site (proof of delivery receipt date and signature to the courier).
In order to exercise the right of withdrawal, the Customer must send an e-mail to info@incantesimodesign.it within fourteen (14) working days from the day in which the Products were received. The e-mail must specify the Order number and the code(s) of the article(s) for which the Customer intends to use the right of withdrawal, attaching at least two digital photos that show the product he/she wishes to return on all sides.
The Customer will receive Product return instructions after receiving the e-mail referred to in the previous article.
The right of withdrawal is subject to the following conditions:
– the returned Products must be returned in their entirety and not as parts or components, even in the case of kits;
– the returned Products must be unused;
– the returned Products must be returned in their original, undamaged packaging;
– the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right to refuse Products of the same order returned and sent at different times;
– the returned Products must be delivered to the courier within fourteen (14) working days from the date in which the products were received;
In case of a return, the only costs incurred by the Customer will be the initial shipment of products purchased.
If the Customer’s right of withdrawal is exercised in accordance with the previous conditions, then the Seller is required to reimburse the amount paid by the Customer no later than 30 days from the Seller’s receipt of the returned products. Typically, the bank transfer refund from the Seller is done swiftly. However, the time it takes to become visible in the Customer’s account depends upon his/her bank.
Transport risks of product returns are fully incurred by the Customer. The Right of Withdrawal cannot be applied in the case of customized products explicitly requested by the Customer during Order placement.
The Seller commits to incurring the initial shipping costs of the Products exclusively in case of Product damage due to transport or shipping errors by the Seller. Only in such cases will the Seller also refund the shipping amount paid by the Customer. The Seller will send an express courier to collect the Product at the address indicated by the Customer.
For the return, the Customer can only use the courier indicated by the Seller in the return instructions. In doing so, the Customer does not have to pay for returning the purchased products. This payment will be made in his/her name directly by the Seller. Subsequently, the Seller will withhold a lump sum from the refund due to the Customer. This lump sum is equal to the cost previously incurred for shipping and delivering the purchased products to the customer’s home, or shipping costs normally required for the delivery country. Moreover, from the moment the purchased products are returned to the dispatcher, as indicated by the Seller in the online return form, the Seller exonerates the Customer from any responsibility in case of product loss or damage during transport. With regard to exercising the right of withdrawal without respecting the methods indicated above (e.g., after more than 14 days required by law or without having followed the return instructions), the Seller will return the purchased Products to the Customer again by also charging him/her the additional shipping costs.
Warranty of Non-compliant Products
The seller is liable for any product defect offered on the Site, including the non-conformity of items to purchased products as outlined by Italian law.
If the Customer has entered into the contract as a Consumer (meaning, by definition any natural person who is acting on the Site for purposes unrelated to business or professional activity), then this warranty is valid provided that the following conditions are fulfilled:
- The clock series warranty (corresponding to functioning) is valid for two years from the date of sale.
- The warranty does not cover costs and/or defects resulting from changes made to the product.
- The warranty automatically lapses if the fault is caused by incorrect power supply, poor connection, and failure caused by impact, falls, tampering, or low battery.
- Our possible responsibilities are limited to the replacement of parts recognized as defective.
- The warranty lapses if the customer fails to correctly follow the return procedure.
All return costs for defective products will be incurred by the Seller.
Contacts
For more information, please contact us by e-mail at info@incantesimodesign.it or at the following address:
Incantesimo Design, Via Dante, 62 – 20087 Robecco sul Naviglio (MI)
Customer Communication
The Customer acknowledges and accepts that all communication, notifications, certifications, information, reports, and any documentation on the operations performed, referring to the purchase of Products, will be sent to the e-mail address provided at the time of registration with the possibility of downloading information to a permanent medium in a way and within the limits stipulated by the Site.
Privacy
Information regarding the processing of data is available in the Privacy Policy section.
Applicable Law, Dispute Settlement, and Jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to such law without prejudice to any other ruling from the Customer’s country of permanent residence. Consequently, the interpretation, execution, and withdrawal of the General Terms and Conditions of Sale are exclusively subject to Italian law and any disputes concerning and/or consequent to them must be resolved exclusively by the Italian jurisdiction authorities. In particular, if the Customer holds the status of Consumer, any disputes must be resolved by the Court of Pavia. If the Customer is acting on behalf of their business, commercial, craft, or professional activity, then the parties establish the exclusive competence of the Court of Pavia by mutual agreement. The sales contract between the Customer and the Seller is therefore concluded in Italy and governed by Italian law.
Modifications and Updates
The Seller may modify or update these General Terms and Conditions of Sale at any time. Therefore, the Customer will only be requested to accept the General Terms and Conditions of Sale in place at the time of purchase. The new General Terms and Conditions of Sale will be effective as of its posting date on the Site and in connection with purchase orders submitted after that date.
