1.1. These General Terms of on-line Business (hereinafter "GTB") regulate the agreement (hereinafter "AGREEMENT") for the sale of clothing and accessories exclusively marked AP Bag Allegra Pizzoleo (hereinafter "PRODUCTS") provided by AP Bag Allegra Pizzoleo established in Via Via Cavaioni 5/7 40136 Bologna – Italy P.iva/C.F. 03965351202 – Email firstname.lastname@example.org ( “Ap Bags”) through its website AP Bag Allegra Pizzoleo (hereinafter "SITE") to the users of the SITE (hereinafter "CUSTOMER" or "CUSTOMERS").
1.2. In these GTB, the terms CUSTOMER or CUSTOMERS refer to the consumer or the consumers as described in article 3, para 1, point a), of Legislative Decree no.206 of 6 September 2005 (hereinafter "CODE"), that is: "any natural person acting for purposes which are outside his/her trade, business or profession".
2. EFFECTIVENESS AND MODIFICATION OF THE GTB
2.1. GTB are available on the SITE to be easily read by the CUSTOMER before Registration and before purchasing any PRODUCT. They shall be deemed to have been accepted during the Registration and the forwarding of the purchase order. They can also be printed or stored on the CUSTOMER's computer.
2.2. The GTB applicable to the PRODUCT sale are those published on the SITE the day when the order was placed. Therefore, the CUSTOMER will have to read the GTB every time he/she wants to purchase through the SITE.
2.3. AP Bag Allegra Pizzoleo's mere tolerance or non-objection to any CUSTOMER's failure to fulfil his/her obligations as described in the GTB, can not be interpreted as implied acceptance of such non-fulfilments, nor as the will to waive the conditions agreed between the parties.
3. REGISTRATION AND PURCHASE PROCEDURE
3.1. The CUSTOMER states that he/she wants to purchase PRODUCTS by submitting his/her own details and making a request directly on the SITE. Following the purchase procedure explained on the SITE, the CUSTOMER will be able to place the electronic order via computer (hereinafter "ORDER") and carry out payment.
3.2. The Order Form includes a recap of the main features of each item ordered, its price (including all the tax rates applicable), the payment method selected, the delivery method, the shipment and delivery charges. Before sending the ORDER, the CUSTOMER must carefully read the whole document, spot and correct possible mistakes in the data reported.
3.3. All PRODUCT purchase orders are subject to stock availability and, thus, to AP Bags's confirmation. AP Bags will communicate the PRODUCT availability by sending the SHIPMENT CONFIRMATION by e-mail to the CUSTOMER.
3.4. In case the ORDER can not be fulfilled due to non-availability of one of the PRODUCTS, AP Bags will inform the CUSTOMER by e-mail and will ask him/her to confirm the purchase ORDER for the other available PRODUCTS. In any case, non-availability of one or more PRODUCTS ordered will not automatically entitle the CUSTOMER to cancel the whole ORDER.
4. Ap Bags RIGHTS AND OBLIGATIONS
4.1. Ap Bags commits itself to delivering the PRODUCTS to the address and in the terms stated by the CUSTOMER in the ORDER. Ap Bags will not be responsible for delivery problems due to inaccuracy or incompleteness in filling out the ORDER or for the CUSTOMER's non-traceability. The delivery is carried out by express courier, therefore we do not accept P.O. boxes.
4.2. In case of total or partial return of the PRODUCTS under the right of withdrawal or the guarantee established by law, Ap Bags will refund only the amount due, as reported in the following articles 10 and 11.
5. CUSTOMER'S RIGHTS AND OBLIGATIONS
5.1. The CUSTOMER is the only responsible for the truthfulness and the accuracy of the data provided to Ap Bags when registering through the SITE and he/she commits himself/herself to communicate possible changes in the data submitter in a timely manner.
5.2. When registering and placing the ORDER, the CUSTOMER declares that he/she: Has read, understood and accepted the GTB and the other information reported on the SITE -including PRIVACY; is of age; has the legal capacity to act.
5.3. Once the purchase procedure is over, the CUSTOMER commits himself/herself to store an electronic copy and print a hard copy of the ORDER and the GTB for future reference, as recommended in article 2.1.
6. USING THE SITE
6.1. The main PRODUCTS features are reported on the SITE in each product page. The pictures and the colours of the products on sale on the SITE may not perfectly correspond to the real ones due to the Internet browser and the display used to connect to the SITE.
6.2. Ap Bags takes on no responsibility for problems caused to the CUSTOMER by the use of the SITE and the technology employed, as they do not depend on its will - For example: a) Errors, delays or impossibility to access to the SITE when the CUSTOMER needs to carry out the purchase procedure; b) Errors, delays or impossibility to receive Ap Bags communications regarding the PRODUCT's sale.
6.3. In any case, Ap Bags commits itself, as far as it can, to solve the problems that may arise and provide the help the CUSTOMER needs to offer a fast and satisfying solution to the problems mentioned above.
7. PRICES AND PAYMENT
7.1. The prices of the PRODUCTS are those displayed on the SITE when the ORDER is placed and, unless otherwise specified, include the VAT amount. The prices displayed on the SITE for each PRODUCT do not include shipment and delivery charges. These will be added and reported before the ORDER is placed and also later, in the ORDER CONFIRMATION.
7.2. As reported in the ORDER, the total price for the purchase and the shipment will be charged to the CUSTOMER when he/she makes the payment.
8. PRODUCTS DELIVERY TO THE CUSTOMER
8.1. When the courier deliveries the PRODUCTS, the CUSTOMER will have to check: a) The quantity and type of items ordered correspond to what is reported on the transport document; b) The packaging used is intact, not damaged, wet or altered in any way even only in the closing part.
8.2. Possible anomalies must be notified immediately to the courier at the delivery by reporting them in the delivery note. In order to make Ap Bags 's inspection procedure more easy and fast, the CUSTOMER may write an e-mail to email@example.com
9. RIGHT OF WITHDRAWAL
9.1. Within 14 days from the day the CUSTOMER receives or collects in the shop the PRODUCTS purchased on the SITE, he/she has the right to withdraw from the agreement with Ap Bags. In this case, the CUSTOMER does not have to specify the reason for the withdrawal and is not subject to penalty, provided that the PRODUCTS returned are intact, were never worn, are supplied with their packet and the original tags and labels as specified in 10.4.
9.2. If the CUSTOMER exercises the right of withdrawal, even only partially, the PRODUCTS must be returned in one single shipment.
9.3. If the CUSTOMER wants to exercise the right of withdrawal as described in this article, he/she must: a) Notify it by e-mail to firstname.lastname@example.org attaching the SHIPMENT CONFIRMATION sent by Ap Bags and specifying the code/s of the item/s returned (hereinafter "PRODUCTS RETURNED") and the reason for the return under the "Termination for Convenience"; b) Contact a courier of his/she choice and ship the products to be returned. The shipment must be carried out within 14 (fourteen) days from the notification e-mail. The CUSTOMER will be responsible in case the PRODUCTS are lost or damaged during the transport until the delivery to Ap Bags: Pizzoleo Allegra, Via Cavaioni 5/7 40136 Bologna – Italy P.iva/C.F. 03965351202 – Email email@example.com.
9.4. All PRODUCTS are provided with identification tag, internal labels and single package. In case the CUSTOMER exercises the right of withdrawal, Ap Bags may not accept PRODUCTS RETURNED without their tags and internal labels or items that were used, worn, washed, damaged or whose basic and qualitative features were altered in any way.
9.5. If the right of withdrawal is exercised according to the guideline and terms described in this article, Ap Bags will confirm by e-mail the acceptance of the PRODUCTS RETURNED as soon as possible. Moreover, Ap Bags will refund through bank procedure the expenses the CUSTOMER incurred to purchase and ship the products.
9.6. In any case, Cash on Delivery payment is forbidden for returns.
10. RETURN DUE TO DEFECTS OR NON-COMPLIANCE OF THE PRODUCTS
10.1. For the PRODUCTS purchased, Ap Bags provides legal guarantee of compliance with the conditions within the limitation and prescription periods set by the law. In particular, the rights that arise from this guarantee can be exercised provided that the PRODUCTS were used suitably, with care and in compliance with their intended use and the instruction given. Moreover, the CUSTOMER must provide the delivery note of the PRODUCTS RETURNED and the order number.
10.2. If the products are flawed or different from those ordered (hereinafter "FLAWED PRODUCTS"), the CUSTOMER will have to notify it by e-mail to firstname.lastname@example.org attaching the SHIPMENT CONFIRMATION sent by Ap Bags and specifying the code/s of the item/s returned and the reason for the return: For "defects of the PRODUCTS".
10.3. Ap Bags will: Contact the courier and book the collection within 14 (fourteen) days from the notification e-mail; inform the CUSTOMER about the collection date by e-mail. From the moment the CUSTOMER gives the FLAWED PRODUCTS to the appointed courier, he/she has no responsibility in case of loss or damage of the products returned due to the transport.
10.4. All PRODUCTS are provided with identification tag, internal labels and single package. In case the CUSTOMER exercises the right of withdrawal, Ap Bags may not accept the return of FLAWED PRODUCTS if they are not provided with their tags and internal labels, if they were not used with care, if they are damaged or their basic and qualitative features are altered in any way.
10.5. If the notification of FLAWED PRODUCTS is carried out according to the guideline and terms described in this article, Ap Bags will confirm by e-mail the acceptance of the PRODUCTS RETURNED.
10.6. As soon as Ap Bags receives the FLAWED PRODUCTS, it will check the defects notified and confirm by e-mail the receipt of the FLAWED PRODUCTS and the detection of the defects notified. Then, Ap Bags will replace -at its own expenses- the FLAWED PRODUCTS with other products of the same model or refund through bank procedure the expenses the CUSTOMER incurred to purchase and ship the FLAWED PRODUCTS. Ap Bags will be charged for the return.
11. PERSONAL DATA PROTECTION
11.1. Ap Bags ensures the CUSTOMER that the personal data acquired during the sale of the PRODUCTS will always be processed legally and fairly in compliance with the provisions of Legislative Decree no.196 of 30 June 2003 (hereinafter "DECREE"), in accordance with the PRIVACY published on the SITE and available for printing.
11.2. For further detail, please refer to the regulation on the processing of personal data in accordance with art. 13 of the DECREE that Ap Bags provided to the CUSTOMER when registering on the SITE. If needed, the CUSTOMER can write to email@example.com to ask Ap Bags further details about the processing of personal data (art. 7 of the DECREE).
For any service need or complaint about the PRODUCTS purchased, the CUSTOMER can contact Ap Bags at firstname.lastname@example.org. 13. CONTROLLING LAW AND JURISDICTION
The GTB are regulated by the Italian law and in particular by the CONSUMER CODE and Legislative Decree no.70 of 9 April 2003 regarding some features of e-commerce.