General Sale Conditions
1. GENERAL INFORMATION
Please read carefully these General Sale Conditions (here below "GSCs") before ordering Products in our web site. These GSCs govern the contract relationship with reference to this web site, as well as the purchase of “LA PATCHERIA®” branded products (here below "Products") through the e-commerce site www.lapatcheria.com, (here below the "Site").
To accept these GSCs, please select the box "I accept" in the Order confirmation section before forwarding the order (here below the "Order"). Failure to accept these GSCs will prevent you from ordering Products in the web site of LA PATCHERIA®.
The Customer has to read the GSCs available in the Site very carefully, so that he/she can know, store and reproduce them according to art. 12, par. 3, of the Italian Decree Law dated 9 April 2003, no. 70 ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market").
By using this site, the Customer unconditionally accepts the usage terms and conditions here described, which may anyway be changed at any time without notice. Using the site after such changes shall be meant as unconditioned acceptance of the modified terms and conditions. Information, images, pictures, trade marks, products and elements in the Site in general are disclosed exclusively for promotional and advertising purposes, and can be downloaded or copied for a personal and non-commercial use only.
LA PATCHERIA® is a trade mark of La Patcheria Srl, a company incorporated under the Italian law with registered office in Promano (PG), Zona Ind.le Coldipozzo snc, VAT no. 03784440541, registered in the Trade Register of Perugia, Economic Administration Index no. 351045.
You can contact LA PATCHERIA® at the e-mail address email@example.com
The Site is dedicated to the wholesale and retail sale.
If one or more sales are made to a subject that cannot be classified as a Consumer, these GSCs will apply but, departing from the same:
a) the purchaser shall not be granted with the right of cancellation according to paragraph 8;
b) the purchaser shall not be entitled to the guarantee on the Products indicated in par. 7;
c) the purchaser shall not be entitled to any other possible protection here granted in favour of the Consumer, reflecting or conforming to the law in force.
2. CHARACTERISTICS OF THE PRODUCTS AND THEIR AVAILABILITY IN THE VARIOUS GEOGRAPHICAL AREAS
Products are sold with the characteristics described on the Site and according to the GSCs published on the Site when the Consumer sends the order, excluding any other condition or term.
Information on the products, with their codes, is available on the Site, where the Customer will find the details of the main characteristics of the single Products.
Prices, Products sold on the Site and their characteristics may be changed at any time without notice. Before sending the purchase order, the Consumer is invited to check the final sales price.
Users can access the Site from all over the world and the Site may contain references to Products that are not available or cannot be purchased in the country of the visitor.
3. METHOD FOR PURCHASING PRODUCTS
The presentation of the Products on the Site is not binding for the Seller, and represents a mere invitation to the Consumer to formulate a purchase contract proposal rather than an offer to the public.
The purchase order sent by the Consumer to the Seller through the Site is valid as a contract proposal and ruled by these GSCs, which are an integral part of the same order and that the Consumer, by sending the order to the Seller, is obliged to accept integrally and without any reserve. Before purchasing the Products, by sending this purchase order, the Consumer will be asked to read these GSCs carefully, to print a copy using the print command or to reproduce a copy for own personal use. Further, the Consumer will be asked to identify and correct possible mistakes in entering his/her data.
The purchase order of the Consumer is accepted by the Seller by sending the summary of the order made and the description of the characteristics of the ordered Product to the Consumer, to the e-mail address he/she has entered when registering in the Site, that also includes a link to the text of these GSCs. The Consumer order, the order confirmation by the Seller and the GSCs applicable to the relationship between the Parties, shall be electronically filed by the Seller in his/her IT systems.
Each purchase contract for Products is considered as closed when the Consumer receives the order confirmation of the Seller by e-mail.
The Products presented on the Site can be purchased by selecting those the Consumer is interested in and adding them in the suitable virtual shopping cart. After having selected the Products, to purchase those added in the shopping cart, the Consumer shall be invited to:
(i) register to the Site creating an account and entering the required data, namely
(ii) log in, if the Consumer is already registered, that is
(iii) supply personal data in order to complete the order and execute the contract; in the latter case, the Consumer shall not access the services of order history and online traceability, as well as the advantages described in par. 4.5 below.
If the data indicated in the order are different from those provided while registering to the Site, the Consumer will be asked to confirm his/her data (by way of example, but not limited to: name, surname, etc.), as well as the address for the delivery of the selected products, the invoicing address and a phone number for any contact regarding information on the purchase made. The Consumer will display a summary of the order to be made, so as to make any necessary change; then the Consumer, after carefully reading, shall expressly approve these GSCs by ticking the check box on the Site; finally, the Consumer will be asked to confirm his/her order, which is then sent definitively to the Seller with all effects described in the previous par. 3.2. of these GSCs.
The consumer will also be asked to choose shipping and payment methods among the available ones. The Consumer can choose among the following payment methods:
The Consumer shall have to communicate the relevant data via secure connection. The Seller reserves the right to check the data indicated by the Consumer due to accounting and administrative requirements.
If the payment is by credit card the amount of the purchase will be debited exclusively when the order confirmation is sent by the Seller to the Consumer.
The price of the Products is that indicated on the Site when the order is sent by the Consumer. The prices of the Products indicated on the Site include the costs for the standard packing, VAT (if applicable) and any possible indirect tax (if applicable); they do not instead include shipping expenses that are calculated before the order confirmation sent by the Seller to the Consumer and that the same Consumer engages to pay to the Seller in addition to the price indicated on the Site.
The applicable shipping expenses shall be shown on the Site when creating the order depending on the country where the Products are to be delivered; the Consumer engages to pay them in addition to the price of the ordered Products.
The Consumer shall pay to the Seller the total price as indicated in the confirmed order specified by the order confirmation e-mailed by the Seller to the Consumer.
If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and specified in the order confirmation, including indirect taxes (if applicable), is net of possible custom duties or any other sales tax that the Consumer engages to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to the law provisions of the country where the products will be delivered.
The Consumer is invited to ask for information to the competent authorities of his/her residence country or of the product destination country, so as to be informed on possible duties or taxes applied in his/her residence country or in the product destination country.
The Consumer shall exclusively bear any other possible cost, duty, tax and/or charge applicable to the Products ordered according to these GSCs in a certain country, for whatever reason.
The Consumer declares that lack of knowledge on costs, duties, expenses, taxes and/or charges according to previous par. 4.4. and 4.6., when sending an order to the Seller, cannot constitute cause for the termination of this contract and that he/she shall not anyhow debit such charges to the Seller.
The shipment is usually carried out within 24 hours from receiving the order, as our online sales system includes a stock that enables us to ship within this term in most cases. As online sales cannot be predicted, if the shipment is slightly delayed you will be informed to the e-mail address provided while purchasing the product.
Anyway, the Seller is not responsible for the actual delivery times as the shipments are made through a courier; still, the Seller will do everything necessary for the times being respected.
Should the Seller not deliver the order due to the even temporary non-availability of the Products, the Seller will inform the Consumer in writing and the latter shall be entitled to cancel the order in accordance with par. 8 below.
The Products ordered by the Consumer will be shipped with the method he/she has chosen among the available ones indicated on the site at the order sending. The Consumer engages to check promptly, anyway within 3 (three) days from receiving the Products, that the delivery is correct and includes all and only the products purchased; he/she shall inform the Seller within this term of any possible fault in the products received or of any deviation from the order made.
After the term specified in previous par. 5.3. without the Consumer sending any claim to the carrier/shipping agent, the delivered Products shall be considered finally accepted by the Consumer.
The payment of the price for the Products purchased on the Site shall be made at the order or anyway mandatorily within 10 (ten) days from the date of sending the order confirmation by the Seller to the Consumer.
The Consumer expressly accepts that the contract execution by the Seller will start when the price of the purchased Product(s) is credited on the current account of the Seller.
The payment can be made with:
bank transfer, under the conditions described below.
The Seller may allow other payment methods, indicating them in the payment section of the Site.
If the payment is made by bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes specified on the order confirmation, as well as the order number.
If provided for by the applicable law, the Seller shall promptly send to the Consumer the invoice for the purchase made, in electronic format via e-mail at the address stated by the Consumer if the Products are to be delivered in Italy, or attached in paper to the purchased Products, in all other cases.
LA PATCHERIA® shall grant the legal guarantee on the Products in conformity with the conditions and terms according to art. 128 and following of the Italian Law Decree no. 206/2005. In particular, should the products not be conform, the Customer shall be entitled to the refund of the price and of the shipping expenses.
The rights from the legal guarantees of conformity can be asserted provided that the Products have been used correctly, with the due diligence and respect of the intended use and enclosed instructions; the Consumer shall previously exhibit the invoice and indicate the order number.
The expenses for returning the Products according to the guarantee shall be at the charge of LA PATCHERIA®.
The legal conformity guarantee applies only to faults not due to the standard use of the Product.
8. CANCELLATION RIGHT
LA PATCHERIA® wishes to ensure the complete satisfaction of the Customer. According to article 52 of the Italian Consumer Code, the Customer has the right to cancel the contract without specifying the reason and returning the Products, other than those customised as per par. 9, purchased on the Site within 14 (fourteen) days from the date of receiving the Products.
For asserting the cancellation right, the customer shall send to the following address: firstname.lastname@example.org an e-mail containing:
the indication of wishing to assert the cancellation right according to art. 52 of the Italian Consumer Code;
the indication of the products for which the customer is wishing to assert the cancellation right;
the progressive number of the order/invoice communicated by LA PATCHERIA® when confirming the purchase.
When asserting the cancellation right, LA PATCHERIA® will refund the complete price of the Products provided that they are returned by the Customer within 10 (ten) days from the assertion of the cancellation right without having been worn, used and damaged, along with the relevant original invoice and the "LA PATCHERIA®" corporate packaging.
LA PATCHERIA® will accept returned and exchanged Products delivered with a label or adhesive or seal of returned/exchanged product only if the return instructions above have been correctly followed and if the label or adhesive or seal is intact and attached to the product.
LA PATCHERIA® reserves the right to refuse the refund of those Products that do not comply with these requirements. In the case of faulty Products, the provisions of par. 11, "Conformity faults", shall apply.
Refunds will be made with the same payment method used for the purchase. The price of the Products purchased online cannot be refunded by LA PATCHERIA® dealer stores.
The expenses for returning the Products are at the Customer's charge; any charge borne by the Customer for re-delivery cannot be refunded.
LA PATCHERIA® engages to refund the Customer without any delay within 14 (fourteen) days from the date of receiving the communication of contract cancellation according to art. 54 of the Italian Consumer Code and will send a notice e-mail after the refund has been made.
It is recommended to ship the Products to be returned using a courier, ensuring the whole amount of the goods and asking for a shipment number so as to be able to trace the shipment. LA PATCHERIA® shall not be responsible for the refund or compensation of Products shipped by the Customer but never received by LA PATCHERIA® because of loss, theft or damage not due to the same.
If the Customer wishes to modify or annul an order already sent, he/she shall promptly send an e-mail to the address email@example.com, but always before receiving the e-mail of shipment made.
LA PATCHERIA® shall do every effort to meet the Customer's request. Anyway, after the Product has been shipped the order cannot be annulled or modified. The shipped Products can anyway be returned, and in this case reference shall be made to the rules on the right of cancellation described above.
The Consumer is responsible for the decrease in the value of the goods due to handling them other than what is necessary to define their nature, characteristics and operation.
Therefore, if the returned goods are damaged (e.g. if worn, abraded, grazed, scratched, deformed, etc.), not complete with all their elements and accessories (including labels and tags not modified and attached to the product), not equipped with their instructions/notes/manuals attached, with the original packages and packing and with the guarantee certificate, if present, the Consumer will be responsible for the decrease in the value, and will be entitled to the refund of the amount equal to the residual value of the Product.
Thus, the Consumer is invited for this purpose not to handle the goods other than what is strictly necessary to define their nature, characteristics and operation, and to coat the original package of the Products with another protective package to protect and preserve them during the transport, even from labels or writings.
The Seller will take delivery of the returned Products, reserving to check that they have been returned under the conditions described in previous par. 8.10.
9. CUSTOMISED PRODUCTS
In conformity with the provisions of art. 59, par. 1, letter c), of the Italian Consumer Code, the right of cancellation, annulment or return, which otherwise will be available, is excluded in the case of orders for customised Products, such as for example nametape, callsign or flight badge, without prejudice to par. 10, or in the case of jewels produced according to specific instructions of the Customer, both literal and figurative.
As for the above customisations, the Customer acknowledges that the graphical representation proposed on the Site could be different from reality: images and pictures of the etching could indeed not reflect the real look of the final product.
10. CONFORMITY FAULTS
If a Product sold by LA PATCHERIA® has a production fault and anyway for any conformity fault in the Products sold by LA PATCHERIA®, the Customer shall contact immediately the online assistance at the address: firstname.lastname@example.org.
The law guarantees specified in articles 129, 130 and 132 of the Italian Consumer Code apply to the sales of Products.
The Customer is entitled to have the goods conformity restored free of charge by repair or replacement; should these remedies fail, he/she is entitled to a suitable price reduction or to the cancellation of the contract. Such rights are lost if the Customer does not report to LA PATCHERIA® the conformity fault within 2 (two) months from the date of fault discovery.
After receiving the form and the relevant documentation, the Seller will evaluate the faults and non-conformities reported by the Consumer through the assistance service; after the quality checks to assess the real non-conformity of the Product, the Seller will decide, at his discretion, to authorise the return of the Products giving the Consumer a feedback via e-mail at the address provided when registering to the Site.
The authorisation to return the Product shall not be any acknowledgement of faults or non-conformities, that shall be later assessed at the return.
The Products for which the Seller has authorised the return shall be returned by the Consumer, together with a copy of the return authorisation communication, within 30 (thirty) days from reporting the fault or the non-conformity, to the following address:
LA PATCHERIA®, Zona Ind.le Coldipozzo snc, 06102 Promano (PG) - Italy.
If the check of the Products returned was positive and the cancellation right has been validly asserted by the Consumer within the terms and according to the methods specified, the Seller shall refund to the Consumer the whole amount paid for purchasing the Products, including the shipping expenses, in the shortest possible time, and anyway within 14 (fourteen) days.
The Consumer shall anyway bear the shipping expenses and any possible duties or further taxes for returning the Product to the Seller.
When possible, such refund shall be made using the same method of payment used by the Consumer when purchasing the Product or by bank transfer in favour of the Consumer; the Consumer shall send to the Seller, via e-mail to email@example.com, the bank data for the bank transfer so as to enable the Seller to refund the due sum.
If the payment was made by credit card, such refund shall be made in the specified terms directly by re-crediting the amount due on the credit card used by the Consumer for the payment.
If the payment was made by PayPal, such refund shall be made in the specified terms directly by re-crediting the amount due on the account used by the Consumer for the payment.
11. PRODUCT REPLACEMENT (DUE TO SIZE CHANGES)
LA PATCHERIA® is willing to give to the Customers the possibility of replacing the Products purchased on the Site and for this purpose the Customer shall mandatorily follow the procedure below.
The Customer who is not integrally satisfied or deems that there is a deviation from the order made shall have to keep all the documents about the delivery and the Product in its original package and immediately contact LA PATCHERIA® via e-mail to: firstname.lastname@example.org following the procedure of previous par. 8.
The Product to be replaced shall arrive to LA PATCHERIA® in the original conditions it was sent, according to par. 8.3.
Please note that the replacement procedure specifies: that LA PATCHERIA® reserves to examine the replaced product and, after assessing the differences, will send a new product, thus considering the transaction as ended.
For the replacement of a Product, please contact LA PATCHERIA® at this address: email@example.com .
The shipping expenses for the replacement of the Product are at the Customer's charge.
The replacing Product shall be shipped to the Customer by courier without charging any further shipping costs only if the replacement is made due to Product's fault according to previous par. 10.
The Product will be replaced according to par. 11.7 under the specified conditions once only.
12. INTELLECTUAL PROPERTY RIGHTS
The Consumer declares to be informed that all trade marks, names, as well as any distinctive sign, description, image, picture, written text or graphic used on the Site or related to the Products are and remain exclusive property of LA PATCHERIA®, and no right on the same may derive for the Consumer from the access to the Site and/or from the purchase of the Products.
The contents of the Site cannot be reproduced, integrally or partially, transferred by IT or traditional means, modified or used for any purpose without the previous written authorization by LA PATCHERIA®.
13. CONSUMER'S DATA AND PRIVACY PROTECTION
Some personal data are requested through the Site to the Consumer for registering, sending the order and thus for closing this contract.
The Consumer acknowledges that the personal data provided shall be stored and used by LA PATCHERIA®, in compliance with and respecting the norms according to the Italian Decree Law no. 196/2003 and following additions and modifications - Data Protection Act, to fulfil every purchase made through the Site and, after consent is given, for possible further activities as indicated in the specific information on privacy given to the Consumer through the Site at the registering.
The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are real and true.
The Consumer shall update and/or modify his/her personal data provided to the Seller at any time in the specific Site section "My Account" that can be accessed after logging in.
Although the Seller takes measures aimed at protecting personal data against loss, falsification, handling and improper use by third parties, due to the characteristics and technical limits in the protection of electronic communications through the Internet the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has logged in, are not accessible or visible by non-authorized third parties.
Regarding the data on the payments by credit card, the Seller resorts to the services of the PayPal company which use technological systems aimed at ensuring the highest levels of reliability, security, protection and confidentiality in transmitting information via web.
15. FORCE MAJEURE
The Seller shall not be responsible in the case of partial or total non-fulfilment of its obligations according to any contract closed under these GSCs if such non-fulfilment is due to unexpected events and/or natural events beyond its reasonable control, including, by way of example, but not limited to, natural catastrophes, terrorist acts, wars, riots, lack of electric power, general strikes of public and/or private workers, strike and/or restrictions in practicability by couriers and air connections.
16. APPLICABLE LAW AND COMPETENT COURT
Every sales contract closed between Seller and Consumers according to these GSCs shall be ruled and interpreted according to the Italian laws. In particular, the provisions of Item I, Heading III of Part III of the Italian Consumer Code shall apply (Italian Decree Law 206/2005).
If any single clause of the Contract, or of the GSCs, is null, the whole contract or the GSCs shall still be valid.
Any controversy with consumers arising from or connected with these GSCs or the use of the Site shall be referred exclusively to the Court of the place of residence or domicile of the consumer, if in Italy.
In any other case, including that of the user not being a consumer according to the applicable law provisions, the Court of Perugia shall be competent for settling any controversy.
The Parties cannot transfer or grant anyhow any of their rights and obligations according to these GSCs to third parties without the previous written consent of the other party.
18. FURTHER INFORMATION
Some Products may look a little bit bigger or smaller than their real size due to defects of the screen or to the photographic techniques. Other Products may be represented with dimensions bigger than the real ones to show their details clearly, or with dimensions smaller than the real ones to show the whole Product.
LA PATCHERIA® recommends to print a copy of these GSCs for your future reference.
The contract and all the communications between you and LA PATCHERIA® will be in Italian/English.
A delay or failure by LA PATCHERIA® in asserting any faculty, right or remedy according to these GSCs does not involve any waiver of the same, nor the single or partial assertion of any of such faculties, rights or remedy prevent the same to be asserted in the future or otherwise.
19. DELIVERY TERMS
LA PATCHERIA® executes the order in 1-3 working days; then the arranged courier will deliver it according to the Delivery Terms indicated in during checkout.