1. General Information
These General Terms and Conditions (the “Terms”) govern the distance selling of
movable tangible property (the “Products”) offered and sold through the Internet and
in compliance with Italian regulations, by the website www.zhoelalamilano.com (the
“Site”).
The General Conditions are only valid between the Seller and any person making online purchases (the “Customer” or “Buyer”) on the Site, through access to it and create a purchase order (the “Order”) accordance with the procedure described therein.
Seller may at any time modify or amend the General Conditions.
In any case, the customer will be prompted to accept the Terms and Conditions in
force at the conclusion of his own Order. Customer may, at the end of the purchase
process and to its greater protection, save or print the Terms and Conditions applicable
to the sales contract at completion date.
2. Trade Policy
2.1 The sale of products is aimed at consumers, by which I mean individuals who enter
into a contract for purposes other than commercial entrepreneurial activity, craft or
profession.
2.2 In view of the above, the Seller reserves the right not to accept orders coming
from business entities other than consumers. It is understood that, if the seller decides
to accept orders from a non-consumer, the rules applicable to such sale will be that
provided by the Civil Code and not by the Consumer Code, without the need of any
other agreements or communications.
2.3 The presentation of products on the Site is not binding for the Vendor and do not
constitute an offer to the public, but must be understood as a mere invitation to the
customer to make a purchase contract proposal since it is subject, however, for
example, by availability of products in stock, as specified in art. 4.
2.4 The order sent by the customer, through the Site, is considered a contractual offer
to purchase, addressed to the Vendor and (i) is bound to make itself as a contract only
with the receipt by the customer, the acceptance of the Seller, as best regulated in
art. 3.7 and (ii) is governed by the General Conditions, which form part of the Order
itself and must be accepted by the Customer fully and without reservation, prior to
purchase.
2.5 The prices, descriptions or availability of any Products are subject to change
without notice.
2.6 No order will be shipped to a post office box or to individuals that can not identify
their identity and the corresponding address.
3. Procedures and purchase process
3.1 The images and colors of products, in some cases, may not correspond to reality,
because of the technical characteristics and resolution of the equipment and software
that comes with the device used by the customer. The images and the colors of the
products should therefore be considered indicative and illustrative and are not
guarantees of the quality of products. Seller shall not be responsible for any
inappropriate images or colors of products due to these technical reasons.
3.2 To place an Order, the Customer must carefully follow the instructions and
procedures indicated by the Site.
3.3 The customer who intends to make a purchase on the Site is required to register
and provide, in a truthful and complete form all the data requested in the registration
process and to fully accept the Privacy Policy and the Terms and Conditions.
The burden of keeping their login credentials to ‘ “Customer Area” of the website rests
solely on the customer.
3.4 After selecting the products of your interest, by completing the order form on the
site, the customer is required to verify the accuracy of the content of his own Order.
3.5 The Order is made by confirmation of the same by the customer and is subject to
the acceptance of the General Terms and payment of the price, taxes and shipping
costs indicated in the order form. The order processing receipt does not constitute
acceptance of the Order.
3.6 In case of acceptance of the Order, the Seller will send to the customer via email,
to the email address indicated by the latter during the registration process on the
Website, an order confirmation (hereinafter “Order Confirmation”), containing a
summary of all the information provided by the customer and by the same specified in
the order form (customer data, identifying characteristics of the product purchased,
method of payment, shipping address), as well as the details of the price and the cost
of shipping.
3.7 The purchase and the related sales contract is deemed finalized with the receipt
by the Client of the aforementioned e-mail communication containing the order
confirmation. The Order runs in the terms specified in the Order Confirmation, subject
to the availability of the ordered product.
3.8 If the customer wishes to make changes or corrections to an already confirmed
order, he must send an e-mail notice to the Seller at [email protected]
Except as expressly provided for by the General Conditions, or otherwise the cases
exclusively provided by Italian legislation applicable, the Order confirmed will not be
further modified or canceled.
4. Availability of products
4.1 The Customer acknowledges that the availability of products offered on the site is
limited.
The availability of the products relates to their actual availability when the customer
places the order. This availability must still be considered indicative only because, due
to the simultaneous presence of multiple users on the site, the products could be sold
to other customers before receiving the Order Confirmation.
4.2 Even following the sending of the Order Confirmation by the Seller, there may be
cases of partial or total unavailability of the Products. In this case, the order will be
automatically adjusted with the elimination of the product is unavailable and the
Customer will be notified by the Seller, via e-mail, no later than ten (10) working days
from receipt of the Order by the Seller .
4.3 The customer has the right to cancel an order due to the unavailability partial or
total of your Products. To this end, the customer must send an e-mail notice to the
Seller at [email protected]
4.4 In cases where the client should request the cancellation of the Order, due to the
unavailability of one or more of the products purchased, the seller will reimburse the
full amount received under the sale within three (3) working days from the the day he
learned of the decision of the customer to terminate the contract.
5. Product prices
5.1 The selling prices of the products offered on the site are in Euro and include VAT
and taxes.
5.2 The total amount of each order will include the shipping costs, indicated and
calculated at the conclusion of the purchase process and before payment, as provided
for by art. 7.3.
5.3 The Seller reserves the right to change the prices of products at any time without
notice. In any case, the customer will be charged the prices displayed on the Site upon
confirmation of each order, and also indicated in the Order Confirmation sent via email,
by the Seller to the Customer.
6. Payment
6.1 Payment Order may be made by the customer through:
a. Credit Card
The customer, after confirming the order, can make the payment using either a credit or debit card, also prepaid, according to accepted by Paypal mode and in compliance with the relevant
conditions.
The payment transactions by credit or debit card, also prepaid, shall be governed by
regulations adopted by individual circuits of belonging.
The confirmation of the successful outcome of each order will take place only after
verification of the card data used by the customer for payment and upon receiving the
authorization to carry out the charge on said card.
In case of cancellation of an order, for the paper of the “ceiling” prior commitments
used by the customer, they will be worth the contractual terms of the individual
operators of such a card circuits.
Your card details used by the customer for payment will be handled in strict confidence
directly from the circuit manager.
The Seller is not responsible for any fraudulent or illegal use, by third parties of the
card used by the customer for payment of the Products purchased on the Site.
In this regard, the Seller reserves the right to cancel the transaction in the case of
suspected fraudulent use of a card used for the purchase of Products. For added
security, the Seller may request, at any time, information or documents, without which
reserves the right to decline the transaction.
b. PayPal
The customer, after confirming the order, will be directed to www.paypal.com website,
where he can make the payment using either his account, a credit or debit card, also
prepaid, according to accepted by Paypal mode and in compliance with the relevant
conditions.
The payment transactions by credit or debit card, also prepaid, shall be governed by
regulations adopted by individual circuits of belonging.
The confirmation of the successful outcome of each order will take place only after
verification of the card data used by the customer for payment and upon receiving the
authorization to carry out the charge on said card.
In case of cancellation of an order, for the paper of the “ceiling” prior commitments
used by the customer, they will be worth the contractual terms of the individual
operators of such a card circuits.
Your card details used by the customer for payment will be handled in strict confidence
directly from the circuit manager.
The Seller is not responsible for any fraudulent or illegal use, by third parties of the
card used by the customer for payment of the Products purchased on the Site.
In this regard, the Seller reserves the right to cancel the transaction in the case of
suspected fraudulent use of a card used for the purchase of Products. For added
security, the Seller may request, at any time, information or documents, without which
reserves the right to decline the transaction.
7. Shipments and costs
7.1 The Orders will be shipped and delivered, by courier, to the address specified by
the customer in the process of compiling the Order, no later than thirty (30) days from
acceptance of the Order.
7.2 For each Order, Seller shall issue regular transport document of Products shipped.
The transport document shall contain the information provided by the customer during
the purchase process.
After issuing the transport document, no changes can be made to the data therein.
7.3 The shipping costs will be displayed, along with the other costs related to the
purchase, at the end of the purchase process and before payment.
7.4 Upon delivery, the customer is required to verify the products to determine
compliance with his order.
Any anomalies (such as, by way of example and not exhaustive, tampering, damaged
package, damage to the products, lack of products or discrepancy between the
Products ordered and those received or deviations of these with respect to what is
stated in the transport document) must be immediately and specifically noted in
writing on the delivery document issued by the carrier and signed by the customer.
7.5 The Vendor can not be held responsible for mistakes in delivery, due to inaccuracy
or incompleteness in filling in the Order by the Customer;
7.6 The customer can track the status of fulfillment of his own Order, by going to
“Customer Area” of the site, with the credentials generated at registration.
8. Right of withdrawal
8.1 Within a period of fourteen (14) days from the day of receipt of the Order, the
Customer has the right to terminate, in whole or in part, from the sale contract,
without giving any reason.
8.2 To exercise the right of withdrawal, the customer must inform the Seller of his will
through a written statement.
8.3 In case of withdrawal, the customer must return to Seller the products subject to
withdrawal, delivering them to the carrier for shipment, without undue delay, but no
later than the period of fourteen (14) days from the day he communicated to the
Seller its intention to withdraw from the sales contract.
8.4 For the return of products, the customer is free to contact the his preferred courier.
They remain in any case to himself the full proof of return and the relevant shipping
costs, as well as the risks inherent to this. We will not accept shipments with freight
collect.
8.5 Without prejudice to the foregoing, the right of withdrawal, means properly
exercised if the following conditions are met:
a. Products must be returned in a perfect state and in their original packaging;
b. the identification tag of the Products provided must not have been tampered with
and has to be applied to them;
c. the products must be accompanied by a copy of the transport document that the
customer received together with the original Order.
8.6 Without undue delay and in any case no later than fourteen (14) days from the day
on which the Seller has received the return of the Products by the Customer,
confirming that the Products are in their original state, the Seller will reimburse the
Customer the remuneration received by virtue of the sale, net of additional costs
arising from the choice of the method of payment on delivery.
In the event that the customer has used the goods to the extent necessary to
establish the nature, characteristics and operation, the customer will be held
responsible for the relative decrease in value and repayment of the fee collected by
the Seller will be proportionally decreased. It is understood that, in case of damage of
the goods by the Customer in the course of their use, no refund will be due by the
Vendor with reference to the damaged property.
8.7 The consideration is deemed repaid in terms, where the sums are credited with
prior to the expiration of the fourteen (14) days from the day on which the Seller has
received the return of the Products by the Customer. In any case, the Seller can not be
held responsible for the delays in crediting attributable to the bank support.
8.8 The withdrawal is only permitted for the Products purchased on the Site.
The right of withdrawal of the customer is therefore excluded in cases where the
products were purchased from official dealers throughout the country. Likewise you will
not be required of such costs resellers in connection with the Products purchased on
the Site.
9. Legal Compliance Warranty
9.1 The Customer buying as a consumer is entitled to warranty on products purchased
within the limit of two (2) years from the purchase and the conditions established by
law, provided that it is notified to the Seller of the defects found, with the same laid
down for the withdrawal within two (2) months after discovery.
9.2 To exercise the warranty the customer must return the products, following the
instructions shown on a specific section of the site or, failing that, by contacting the
seller. The cost of returning the products do not conform to those ordered by the
customer, will be borne by the Seller.
10. Supplementary Clauses and referral
10.1 All matters not provided for by the General Conditions, reference is made to the
existing sector legislation and the Civil Code.
10.2 The possible invalidity of one or more clauses of the General Conditions does not
affect the validity and enforceability of the remaining provisions nor the General
Conditions as a whole.
11. Communications and contacts
All communications that, under the General Conditions, shall be sent by electronic
mail shall be transmitted:
by the Seller, to the email address specified by the customer during the registration
process;
by the customer, to the email address: [email protected]
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the
Customer acknowledges to know and expressly approve the following clauses of these
Conditions of Sale:
Art. 2 – Commercial Policy
Art. 8 – Right of withdrawal
Art. 9 – Legal Compliance Warranty
