GENERAL TERMS AND CONDITIONS OF SALE
Terms and Conditions of Service
These General Terms and Conditions of Sale govern the sale of products under the AVANT TOI brand, managed by LIAPULL Srl, with its registered office in Via Carlo Botta 8, 20135 Milan, Italy, Economic and Administrative Index (R.E.A.) no. 1544087, VAT no. and Tax Code 03670180102, email: shop@avant-toi.it, and phone number: +39 0108681780 in the person of its legal representative pro tempore, (hereinafter referred to as the "Seller").
PREAMBLES:
Seller manages the activities related to the sale of AVANT TOI branded products on the website https://shop.avant-toi.com/ (hereinafter the "Website");
the Website is primarily a marketing website, also intended for business transactions between entrepreneur and consumer (hereinafter "Buyer") (B2C);
the client must meet the requirements necessary to enter into legally binding contracts, including the being of legal age;
that these "General Terms and Conditions of Online Sale" regulate the online purchase and sale of products under the AVANT TOI brand between the Seller and the Buyer, under a remote sales system organized by the Seller;
these terms and conditions of sale govern the online sale between the company Liapull Srl, with its registered office in Via Carlo Botta 8, 20135 Milano MI – Italy, and the Buyer who accepts these terms and conditions of sale and, if he/she is a "Consumer" for personal use, expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried out, as provided for by Legislative Decree 206/2005;
these preambles form an integral and substantial part of the contract; the following is agreed upon:
- SCOPE OF THE CONTRACT
1.1 The scope of these general terms and conditions, which are made available to Buyer for reproduction and storage in accordance with art. 12, Legislative Decree of 9 April 2003, no. 70, is the purchase of products, made remotely and by means of computer network, through the Website belonging to Seller.
1.2 By this contract, respectively, Seller sells and Buyer remotely purchases the products indicated and offered for sale on the Seller's Site; the main characteristics of the products are illustrated and described on the Site, with an overall presentation of each one being faithful, truthful, correct and not misleading. It should be noted in this regard that due to the characteristics and technical limitations of photographic reproduction of products on the Website, the accompanying image of a product may not be perfectly representative of its characteristics.
2. ACCEPTANCE OF THE CONDITIONS OF SALE
2.1 All purchase orders will be submitted by Buyer to Seller after registering with the Website through email address, and, then, through completion of the established purchase procedure. Buyer is strictly forbidden from entering false, and/or invented, and/or fictitious data in the registration procedure through the electronic form provided. Buyer indemnifies Seller from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by Buyer, the latter being solely responsible for the correct entry thereof.
2.2 These terms and conditions must be reviewed "online" by Buyer, prior to the completion of the purchase process. The submission of the purchase order by Buyer, therefore, implies their full knowledge and acceptance, consequently the latter unconditionally accepts and undertakes to observe, in its dealings with Seller, the general and payment conditions set forth below.
2.3 Acceptance of the terms and conditions of sale shall be expressed by placing a "flag" in the appropriate field.
3. PURCHASING METHODS AND SALES PRICES
3.1 The sales prices of the products (hereinafter "Sales Price") on the Website are expressed in euros (EUR) for all states, with the exception of North America for which the sales prices is expressed in American Dollars (USD). The Sales Prices of each product and the manner in which the total purchase price (hereinafter "Final Price") will be computed will be clearly stated. As specified in Section 6 the Final Price may be the sum of the Sales Price and the costs of shipping and delivery of the products by couriers and/or freight forwarders engaged by Seller. Buyer, when purchasing online, will make use of the "Pay Now" button as a contextual confirmation of the acceptance of the sale and purchase in question, the acceptance of these terms and conditions, the shipping and delivery methods chosen by Buyer, the submission of the purchase order in the identified quantity and the resulting obligation to pay the Final Price to Seller. After the order has been submitted, it cannot be changed.
3.2 Buyer shall also ask Liapull Srl, if it so desires, for the issuance of a tax invoice relating to the purchase, pursuant to art. 22 of Presidential Decree no. 633/1972, before placing the order and proceeding with the payment.
3.3 For EU countries, Sales Prices and Final Prices shall be deemed to include VAT and all other applicable taxes and duties. For other countries, customs duties and national taxes are included in the Sales Prices and Final Prices.
3.4 Seller, upon verification of the availability of the chosen product, will formally confirm by e-mail the order received, and only from that time will the obligations of sale and shipment of products provided for in respect of Seller under this contract be effective against Seller.
3.5 Buyer expressly gives Seller the right to confirm even partially the order placed (for example, in the event that there is no availability of all products ordered). In this case, the contract shall be deemed to have been executed only with respect to the goods actually available and confirmed by e-mail by Seller.
4. TERMINATION OF THE CONTRACT
4.1 The Contract entered into through the Website shall be deemed terminated when Buyer receives, by e-mail, formal confirmation of the order pursuant to the preceding art. 3.4, through which Seller accepts the order sent by Buyer, and informs Buyer that Seller can proceed to fulfil it. Buyer, therefore, can provide for the printing and storage of these general conditions, already viewed and accepted as an obligatory step in the purchase procedure, as well as the specifications of the product being purchased, and this in order to fully comply with the legal conditions.
4.2 The Contract is executed at the place where the registered office of Seller is located. Except for the case of supervening impossibility of performance for reasons not attributable to Seller and/or the case of momentary technical malfunctions of the software or of the Website's purchasing system that make people assume that product are available that in reality are not available, the latter undertakes to supply the selected products upon receipt of payment of the Final Price due under this contract.
4.3 Seller shall not be liable to Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet that are beyond Seller's control.
5. METHOD OF PAYMENT
5.1 Without prejudice to the right of Seller to include and implement in the future additional payment methods aimed at offering an even higher level of service for the benefit of users of the Website, Buyer acknowledges and agrees that - as of the date of purchase and sale of the products covered by this contract - payment by Buyer may be made exclusively through the payment methods indicated at checkout. The amount of the purchase will be held in accordance with the practice of the payment method chosen by the Buyer.
5.2 Seller assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.
5.3 Buyer may take advantage of promotional codes issued exclusively by Liapull Srl (Avant Toi) via newsletter and/or social networks and/or found on promotional websites approved by Seller. Promotional codes are time limited to the period laid down in each code.
6. TERMS OF DELIVERY
6.1 Seller will deliver the products ordered to Buyer, at the address set out by Buyer in the purchase order, in the manner provided for in the preceding articles, by courier. Orders are generally shipped within 5 business days (Monday-Friday) from the date the order confirmation email is received. However, during certain periods, shipping may take longer. Average delivery times are: 1-3 business days for deliveries within Italy, 1-5 business days for deliveries within Europe, and 2-10 business days for deliveries to non-EU countries.
6.2 Buyer will be able to check the progress of the purchase by accessing its personal profile created on the Website.
6.3 Seller shall not be liable for any late or failed delivery and/or for any additional costs incurred by Buyer when due to customs operations and inspections and/or due to Buyer's incorrect or incomplete address communication and/or due to circumstances beyond Seller's control and/or due to unforeseeable circumstances or force majeure.
6.4 Upon receipt of the goods, Buyer is obliged to check the integrity of the packaging and products, giving indication, where possible, on the transport document of the carrier of any anomalies, the conformity of the product delivered to it with the order placed, as well as being obliged to immediately report to Seller any tampering or damage found on the packaging and products. In any case, Buyer shall take care to inform Seller about any problems encountered in the receipt of the products, in order to enable Seller to operate a better quality control about the services rendered - directly and/or through third parties - under this contract.
6.5 In the event of inability to deliver the product due to a fact or fault attributable to Buyer, the latter hereby authorizes Seller to deduct from the price refund the shipping costs incurred, as well as any customs charges paid or to be paid.
7. GUARANTEES
7.1 In case of any queries, complaints or suggestions, Buyer may contact Seller on the following email address shop@avant-toi.it .
7.2 In the event of conformity defects, the regulations set forth in Legislative Decree of 6 September 2005, no. 206 will apply, limited to transactions subject to the afore-mentioned legislation. The defect report must be made by email at the email address shop@avant-toi.it and following the procedures outlined for returns.
7.3 Seller reserves the right to request photographic evidence of the claimed defect before agreeing to return the product. The defective product will be replaced by Seller, with return and shipping costs borne by Seller, with an equal product, if available, or with a refund of the paid price.
8. SELLER'S RETURN POLICY/RIGHT OF WITHDRAWAL UNDER LEGISLATIVE DECREE N. 206/2005
8.1 Without prejudice to the separate clauses of guarantees for defects or lack of conformity of products in the preceding art. 7, Buyer in its capacity as "Consumer", has the right to withdraw from the purchase contract to be exercised within the term of 14 (fourteen) days, starting from the day of receipt by Buyer - and/or third party indicated by Buyer, however different from the courier and/or shipper - of the product purchased under this contract.
8.2 Request for return authorization should be sent to shop@avant-toi.it outlining the original order number in the subject line, and the email address used for the order. Seller will authorize the return by sending e-mail confirmation and instructions to follow to ship the goods.
8.3 Following receipt of the e-mail confirming the return, Buyer is obliged to ship the products back to Seller within 14 (fourteen) days from the date on which Buyer communicated the intention to withdraw from the contract. Return shipping costs are the responsibility of Buyer, unless expressly stated otherwise.
8.4 Seller reserves the right to accept the return if the following conditions are met: the price tag and bar code on the items being returned must not be cut or broken; each item must be returned including all undamaged original labels, packaging and accessories received with the order; items must not have been washed or altered and must not show any signs of use; returns must be shipped inside the box the goods were originally shipped in; authorized returns must be shipped from the same country where the original order was delivered, and the shipment must be insured for the value of the goods.
8.5 Seller hereby reserves the right not to accept unauthorized returns or returns sent in a different manner from that contained in the return instructions, in which case Seller will return the products to Buyer. Any acceptance of such returns will, however, result in a charge equal to 10% of the value of the returned goods in addition to the cost of return shipping.
8.6 Buyer, if purchasing as a "Consumer," in exercising its right of withdrawal, may request a refund of the price: the refund of the price will be made following Seller's verification of the returned products within the period of 14 (fourteen) days, in the currency of the original purchase; any differences due to exchange rate fluctuation will not be returned. It is understood that Seller reserves the right to deduct from the amount to be refunded the costs it may have incurred for shipping. For orders paid by Credit Card, the amount will be available to the customer according to the timing of the chosen banking circuit; For orders paid by Paypal and Shopify payments method, the price will be returned to the original account. For orders paid for by bank transfer, the refund will be made to the same bank account details used to pay for the order.
8.7 Save for the cases of transactions governed by Legislative Decree 206/2005, the provisions of the Civil Code shall apply.
9. INTELLECTUAL PROPERTY RIGHTS
The AVANT TOI trademark as well as all figurative and non-figurative trademarks and more generally all other trademarks, artworks, images and logos found on products, their accessories and/or packaging, whether registered or not, are and remain the exclusive license of the company Liapull Srl, with its registered office in Via Carlo Botta 8, 20135 Milan, Italy. Reproduction in whole or in part, modification or use of said trademarks, artworks, images and logos, for whatever reason and in whatever medium, without prior express agreement is absolutely prohibited.
10. COMPETENT JURISDICTION AND APPLICABLE LAW
10.1 This contract is governed by Italian law. For all that is not expressly provided herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply and, in any case, the rules of the Italian Civil Code for transactions between professionals/entrepreneurs and Legislative Decree of 6 September, 2005, no. 206 (Consumer Code) for "Consumer" transactions.
10.2 In case of disputes arising out of or related to this contract, the parties undertake to seek a fair and amicable settlement among themselves.
10.3 If the dispute has not been settled amicably, and in any event within six months from the date of its commencement, the dispute shall be brought to the exclusive jurisdiction of the Court of Milan.
10.4 Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, consumers residing in European Union Member States are hereby informed that for the resolution of disputes related to this contract and the online services offered by this website, there is also the option to resort to the Online Dispute Resolution (ODR) procedure provided by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/
11. FINAL CLAUSES
11.1 This contract repeals and supersedes any prior agreement, understanding, negotiation, whether written or oral, between the parties concerning the scope of this contract.
11.2 The possible ineffectiveness of certain clauses does not affect the validity of the entire contract.
11.3 These general terms and conditions have been written in Italian and English. Should difficulties arise in the interpretation of the contract, the parties agree that the Italian language text will prevail and be deemed authentic and effective.
ACCEPTANCE OF THE GENERAL CONDITIONS BY BUYER Pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code, Buyer declares that it has carefully read the contract and expressly agrees to the following clauses: Art. 2 (Acceptance of the conditions of sale), Art. 3 (Purchasing methods and sales prices), Art. 4 (Termination of the contract), Art. 5 (Method of Payment), Art. 6 (Terms of delivery), Art. 7 (Guarantees and customer service), Art. 8 (Seller's Return Policy/Right of Withdrawal under Legislative Decree 206/2005), Art. 9 (Intellectual Property Rights), Art. 10 (Competent jurisdiction and applicable law).
