Condizioni di Vendita
2. Caratteristiche dei Prodotti e loro disponibilità nelle diverse aree geografiche
3. Modalità di acquisto dei Prodotti - Perfezionamento di ogni singolo contratto di acquisto
4. Procedura di selezione e acquisto dei Prodotti
5. Consegna della merce ed accettazione - Passaggio del Rischio
6. Prezzi, costi di spedizione, imposte e tasse
8. Garanzia legale di conformità del Venditore, segnalazione dei difetti di conformità e interventi in garanzia
9. Responsabilità per danno da Prodotti difettosi
10. Diritto di recesso - Informativa
1 Fatte salve le eccezioni di cui all'articolo 59 del Codice del consumo, al Consumatore è riconosciuto il diritto di recedere da qualsiasi contratto concluso ai sensi delle presenti Condizioni, senza dover fornire alcuna motivazione e senza alcuna penalità, entro il termine di 7 (sette) giorni da quando (i) è stato consegnato il Prodotto o (ii) nel caso di acquisto di più Prodotti consegnati separatamente con un solo ordine, è stato consegnato l’ultimo prodotto.
2 Per esercitare il diritto di recesso, il Consumatore deve informare Piazza di Spagna, prima del decorso del termine di cui al precedente punto 10.1, della propria decisione utilizzando il modulo di recesso: (i) compilando il modulo con i dati relativi al/ai Prodotto/i che intendi restituire; (ii) inserendo il modulo, una volta compilato, nel pacco con cui intende restituire il/i Prodotto/i oggetto dell’esercizio del diritto di recesso; (iii) applicando sul medesimo pacco, una volta chiuso, l’etichetta già presente nel modulo. L’indicazione da parte del Consumatore del motivo di restituzione del Prodotto tramite il rispettivo codice della causale indicato nella tabella riportata nel modulo non è obbligatoria ai fini dell’esercizio del diritto di recesso.
3 In alternativa alla modalità di cui al precedente punto 10.2, il Consumatore potrà in ogni caso esercitare il diritto di recesso inviando una qualsiasi dichiarazione esplicita a Piazza di Spagna tramite il form di contatto o all’indirizzo e-mail firstname.lastname@example.org o con qualunque altra modalità, della propria decisione di recedere utilizzando il modulo tipo di recesso allegato.
4 A seguito di quanto previsto al precedente punto 10.3, il Consumatore riceverà una mail di conferma di esercizio del recesso, contenente il modulo di reso da inserire nel pacco, e le istruzioni per procedere alla restituzione del prodotto, da trasmettere entro e non oltre i successivi 7 giorni a
Pazza di Spagna.
73010 Sogliano Cavour (LE) - Italia
5 Se il Consumatore ha ricevuto il prodotto, è tenuto a restituirlo a Piazza di Spagna senza indebiti ritardi e, in ogni caso, entro 7 giorni dal giorno in cui hai comunicato il recesso. Il termine è rispettato se il Consumatore restituisce i beni prima della scadenza del periodo di 7 giorni. I rischi della restituzione dei beni, come pure la prova di questa, saranno a carico del Consumatore.
6 In caso di recesso, al Consumatore saranno rimborsati i pagamenti che ha effettuato, esclusi i costi di consegna che verranno sottratti dal rimborso, senza indebito ritardo e, in ogni caso, non oltre 14 giorni dall’esercizio del recesso. Detti rimborsi saranno effettuati utilizzando lo stesso mezzo di pagamento usato dal Consumatore per la transazione iniziale. Il rimborso può essere sospeso fino al ricevimento dei beni oppure fino all’avvenuta dimostrazione da parte del Consumatore di aver rispedito i beni, se precedente.
7 Il Consumatore è responsabile della diminuzione del valore dei beni risultante da una manipolazione diversa da quella necessaria per stabilire la natura, le caratteristiche e il funzionamento dei beni. Pertanto, qualora i beni restituiti risultino danneggiati (ad esempio con segno di usura, abrasione, scalfittura, graffio, deformazioni, ecc.), non completi di tutti i loro elementi ed accessori (ivi incluse le etichette e i cartellini inalterati ed attaccati al prodotto), non corredati dalle istruzioni/note/manuali allegati, dalle confezioni e imballaggi originali e dal certificato di garanzia, ove presente, il Consumatore risponderà della diminuzione patrimoniale del valore del bene, ed avrà diritto al rimborso dell’importo pari al valore residuo del Prodotto. A tale fine, pertanto, il Consumatore è invitato a non manipolare il bene oltre quanto strettamente necessario a stabilire la natura, le caratteristiche e il funzionamento degli stessi e rivestire l’involucro originale dei Prodotti con altro imballo protettivo che ne conservi l’integrità e lo protegga durante il trasporto anche da scritte o da etichette.
12. Dati del Consumatore e tutela della privacy
14. Legge applicabile, tentativo di conciliazione e foro competente
General Terms of Sale
1.1. These General Terms of Sale apply to the purchase of products (hereinafter "Products") through the e-commerce site piazzadispagna.it (hereinafter the "Website") by users qualifying as "Consumers" pursuant to of the following article 1.2. The Website, owned by Serena Spagna, has registered office in Sogliano Cavour (LE) 73010, Industrial Zone, tax code, VAT and registration number officially registered in the Trade Registry of Lecce 04329700753 (hereinafter "Owner”).
1.2. Serena Spagna deals with the Products sale through the Website. Purchases of Products through the Website commit Serena Spagna as the seller (hereinafter the "Seller"), and the user as the buyer (hereinafter the "Consumer"), who purchases one or more Products for purposes in any case not related to business, commercial, or other professional activity. (Seller and Consumer will be hereinafter referred collectively as the "Parties").
1.3. The Owner is part of these General Terms of Sale and of the rights on the website domain, as well as the copyright on the contents of the Website.
1.4. Any communication from the Consumer related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the withdrawal right and / or legal guarantee - must be sent to the Seller at the e-mail address email@example.com following the instructions on the Website.
1.5. Each purchase is governed by these General Terms of Sale in the version that will be published on the Website at the time of the transmission of the order by the Consumer.
1.6. The Website is dedicated to retail and as such is meant to the exclusive use of Consumers. Persons who are not Consumers are invited not to order or execute purchases. If one or more sales are made by a non-qualified Consumer, these General Terms of Sale will apply but, in derogation from what is provided for:
a) the buyer will not be granted the withdrawal right referred to the article 10;
b) the buyer will not be able to benefit from the Products warranty as indicated in article 8;
c) the buyer will not be recognized any other protections, provided for in favour of the Consumer, which reflect or comply with mandatory law instructions;
d) the sales contract concluded between the Seller and the buyer will be managed by Italian law, with the exclusion of the Vienna Convention on the Goods sale.
1.7. Simultaneously to the transmission of the purchase order, the Consumer accepts the information confirmation related to the order executed. Later on these General Terms of Sale are sent to him/her by e-mail to the address indicated during registration on the Website or during the purchasing process.
1.8. In order to execute any purchase through the Website, the Consumer must be more than 18 years old and to declare possessing ability to act.
1.9. Any costs for connection to the Website via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the fares applied by the operator selected by the Consumer.
2. Products features and their availability through the geographical areas
2.1. The Products are sold with the characteristics described on the Website, according to the General Terms of Sale published on the Website at the moment which the Consumer sends the order, with the exclusion of any other conditions or terms.
2.2. The Seller at own discretion, reserves the right to modify these conditions of sale at any time, without the need to provide any notice to users of the Website. Any changes made will be effective from the date of publication on the Website and will only apply to the accomplished sales from that date.
2.3. The prices, the products for sale on the Website and / or their features, are subject to change without notice. Before sending the purchase order pursuant the following point 3, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request the delivery in one of the States indicated on the Website.
3. Product purchase methods - Completion of each individual purchase contract
3.1. The Products presentation on the Website, which is not binding on the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not a public offer.
3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual proposal and is managed by these General Terms of Sale, which form an integral part of the order itself. The Consumer, by transmitting the order to the Seller, is required to fully accept it and without reservation. Before proceeding with the purchase, by sending the purchase order (that will take place when the Consumer selects the "Buy Now" button), the Consumer will be asked to carefully read these General Terms of Sale and the information on the withdrawal right, to print a copy through the print command and to store or reproduce a copy own personal use. Furthermore, the Consumer will be asked to identify and correct any error while entering their data.
3.3. Orders are subject to the availability of the Products and to the Seller acceptance. The Seller reserves the right, at any time, at own sole discretion, to refuse an order, including these following cases in which:
(i) The ordered Products are no longer available on the Website;
(ii) The Seller gets aware of an error on the Website relating to prices and/or to the Products description;
(iii) The order cannot be executed due to an error in the information provided by the Consumer (for instance, information on payment, billing or delivery address);
(iv) The Seller gets aware that the order has been placed by a minor.
The Seller also reserves the right to make partial deliveries and/or to limit the Products quantities related to the Consumer's order, to a number of Products that can reasonably be considered for domestic use. In this case, the Consumer will only be charged the price of the Products delivered.
In all cases where the Seller is unable to fulfil an order, whether it is only partially, or intends to limit the quantities of Products to be ordered, the Seller will contact the Consumer by e-mail or by phone, as soon as possible and in any case within 30 (thirty) days from submitting the order on the Website. Any payments already made by the Consumer will be promptly reimbursed by the Seller, through the same payment method used by the Consumer for the purchase transition.
3.4 The Consumer purchase order is accepted by the Seller thanks to a communication sent to Consumer by e-mail to the email address declared in the moment of registration on the Website, at the order transmission or, in case the Consumer is not registered at the Website, to the another e-mail address confirming the order itself ("Order Confirmation"). This e-mail communication will include a with summary of the order executed; a Product features description; information on the expected delivery date and on the withdrawal right; plus a copy of these Terms of Sale. The Consumer order, the Seller's Order Confirmation and the General Terms of Sale applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems and the Consumer may request a copy of it at any time by sending an e-mail communication to the Seller at: firstname.lastname@example.org.
3.5. Each purchase contract is considered concluded when the Consumer receives the Order Confirmation from the Seller via e-mail.
4. Process of selecting and purchasing the Products
4.1. The Products available on the Website can be purchased by selecting them and inserting in the appropriate virtual shopping cart. After the selection of the Products, to proceed with the purchase of the Products included in the cart, the Consumer will be invited to (i) register on the Website, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide data in order to complete the order and allow the completion of the purchase contract. If the data indicated in the order are different from that provided ones when registered on the Website, the Consumer will be required to confirm his/her data (i.e.: name, surname, etc.), as well as the address of delivery, the billing address and, optionally, a telephone number to be contacted for any communication related to the purchase. The Consumer will view a summary of the order, and eventually modify the contents up to the selection of the "Buy Now" button: therefore, after careful reading, the Consumer must expressly approve these General Terms of Sale, through the appropriate check-box on the Website and finally, through the "Buy Now" button, he/she will confirm his order, which will thus be definitively sent to the Seller and follow the effects as described in the previous point 3.2. of this contract. During the check-out phase, the Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method by credit card, PayPal, Amazon Pay or immediate bank transfer, he/she will be required to inform the relevant data via secure connection. For accounting and administrative needs, the Seller reserves the right to verify the general information indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged only when the Order Confirmation is sent from the Seller to the Consumer. In any case, the Order Confirmation and the Products delivery will not take place before the Seller has obtained authorization to debit the amount from card or has firstly received payment in case of bank transfer.
4.2. If during the process of Products selection the on the Website, as referred to the point 4.1 above, the Consumer finds that the price of one or more Products selected for purchase, is clearly lower than that normally applied, without any mentioned discounts and/or promotions, due to an obvious technical problem occurred on the Website, is recommended please to not complete the purchase order and to report the aforementioned technical error to the Seller's Customer Service, by sending an e-mail to this address email@example.com
4.3. In the event where the Consumer has completed the purchase order, and it includes a clearly lower price than that normally applied, without any mentioned discounts and/or promotions, due to an obvious technical problem occurred on the Website:
(a) if the Consumer has not received the Product yet, the Seller will (i) cancel the order and the delivery will therefore not be carried out, simultaneously sending a communication in this regard by e-mail to the e-mail address indicated by the Consumer during the order transmission and (ii) provide a reimbursement to the Consumer in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer during the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error occurred in the process of completing his order, offering him, alternatively, to (i) pay the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, within and no later than the following 5 (five) days, through one of the payment methods available on the Website, or (ii) cancel the order, following the instructions contained in the same communication and invite the Consumer to return the Product to the Seller, at the expense of the latter one, no later than the following 14 (fourteen) days, and sending it to Piazza di Spagna, Zona Industriale, 73010 Sogliano Cavour ( LE) Italy, without any damage and full of its all elements and accessories (including unaltered labels and tags sticked up to the product), accompanied by the instructions / notes / manuals annexed, by the original packaging, and where present by the guarantee certificate, and accompanied by the return form, duly completed, which you will find attached to the e-mail sent by the Seller, or you can download here. In the event that the Consumer has chosen the option referred to point (b) (ii) above, the Seller will reimburse the Consumer for the payments made in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer during the initial transaction.
5. Goods delivery and acceptance - Passing of Risk
5.1. The Website indicates the Products availability and their delivery times. However, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within his powers in order to respect the delivery times indicated on the Website and, in any case, to carry out the delivery in maximum 30 (thirty) days from the Order Confirmation sent by the Consumer. In case of non-execution of the order by the Seller, due to the unavailability of the Product, even temporary, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product. If the Consumer has chosen the bank transfer as payment method, the delivery will start from the receipt of the payment to the Seller.
5.3. The shipment of the ordered Products will take place according to the delivery way selected by the Consumer, among those available and indicated on the Website at the moment of the order sent. Delivery will be made during normal working hours. The Seller will make every reasonable effort to deliver the Products within the delivery time indicated in the Order Confirmation. However, any estimated delivery date or time will be purely indicative. The Seller cannot therefore be deemed responsible for any loss or damage due to delays of the Products delivery, unless this is caused by a wilful misconduct or Seller’s fault. The Consumer can at any time check the shipping status of the Products by entering the shipping number directly on the carrier's website.
5.4 The risk of accidental loss or Products deterioration will be transferred to the Consumer when he/she, or a third party other than the designated carrier, physically comes into possession of the Products. However, the risk will be transferred to the Consumer at the moment of the Products delivery to the carrier, if the latter has been chosen by the Consumer, without prejudice to the rights of the Consumer towards the carrier. For the purpose of this passing the risk, the refusal or delay in the acceptance of the Products by the Consumer will be considered equivalent to the delivery.
5.5 The consumer will also have the opportunity at the check-out to choose and pickup the Product(s) directly at the store in: Sogliano Cavour (LE), Zona Industriale, Tel. 0836 543841 or Galatina (LE) Via Principe di Piemonte, 35, Tel. 0836 528530.
For this type of shipment, cash on delivery is not available as a method of payment.
The Customer will receive a "confirmation of pick-up" email; he/ she should then go to the store to collect the Product(s) with a copy of the e-mail; the invoice received and a document of identification. The Customer will have 7 days to pick the Product up starting from the received "confirmation of pick-up" email.
The employees of each shop are not authorized to send the final customer's order to another address. In the event of a pickup by third parties (i.e. not by the order holders) it is necessary to show at the store employee, a signed proxy and a copy of the holder’s document of identification.
5.6 The Consumer undertakes to promptly check the delivery includes all parts and only the Products purchased in the shortest possible period, and to promptly inform the Seller of any faulty of the Products received or any other discrepancies with the order made, according to the process in the following art. 8 of these General Terms of Sale. In the absence of all the mentioned conditions, the Products will be deemed accepted. If the packaging or wrapping of Products ordered by the Consumer arrive visibly damaged at destination, the Consumer is invited to refuse the delivery by the carrier/shipper or to accept the delivery "with reserve".
6. Prices, shipping costs, taxes and charges
6.1. The price of the Products is the one indicated on the Website when the Consumer sends the order. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable). They do not include shipping costs which are calculated based on the type of each chosen delivery and indicated on the page order check-out, as well as summarized in the Order Confirmation sent by the Seller to the Consumer, to be paid in addition to the price indicated on the Website.
6.2. The Consumer must pay the total price to the Seller, as reported on the order check-out page and in the Order Confirmation sent by e-mail from the Seller to the Consumer.
6.3. The Consumer acknowledges and accepts that at the moment of the order, the lack of costs knowledge and of the extra charges cannot constitute a premature conclusion of this contract. He cannot as well subdue in any way to the Seller the aforementioned charges.
7.1. Payment of the price of the purchased Products through the Website must be made within the essential period of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the cost of the purchased Product(s) is confirmed on the Seller's current account.
7.2. Payment can be made by credit card or via PayPal or Amazon Pay, under the conditions described below. The Seller may allow further payment methods, indicating them in the payments area of the Website.
7.3 If payment is made by credit card, the Consumer will be transferred to a protected platform and the credit card data will be communicated directly. Indicate the service for card payments, with registered office in Sede legale (Italy), via XXX, 00, name of the operator in charge for payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted data transfer via 128 bit SSL (SecureSocketLayer) system. These data are personal and they are not accessible even to the Seller.
7.4. If payment is made by bank transfer to the Seller, the Consumer must indicate the "SWIFT" and the "IBAN" codes shown in the confirmation order, as well as the order number.
7.5. In case of cash on delivery payment - available only in Italy for purchases of an amount equal to or less than € 300.00 (three hundred / 00) - an additional amount of € 4.00 (four / 00) will be charged to the Consumer. In this case, the Consumer must pay the sum indicated in the Order Confirmation exclusively in cash directly from the carrier, at the moment of the Products delivery.
7.6. If the Consumer selects, if applicable, the "PayPal" payment method, the Consumer will be transferred to the PayPal platform, provided exclusively by PayPal itself, and will be asked to enter his/her own credentials to access the service and to select the address of delivery (only if included in one of the States indicated on the Website), and the payment methods available in the PayPal account. By selecting the "PayPal" payment method, the Consumer authorizes the Seller to receive his/her data from PayPal.
7.7. The Seller will promptly send the Consumer, if required by applicable law, the tax receipt relating to the purchase executed in the electronic format via e-mail sent to the address indicated, if the delivery will be in the Italian territory. In all other cases, the receipt will be attached in paper format to the Products purchased.
8. Seller's legal guarantee of conformity, reporting of conformity fouls, and warranty interventions
8.1. Pursuant to the purposes of European Directive 44/99/CE, as well as the Directive 2011/83/EU and the Italian Legislative Decree no. 206/2005 (Consumer Code), and subsequent amendments, the Seller guarantees to the Consumer that the Products will be free from design and material fouls and conform to the descriptions published on the Website for a period of 2 (two) years from the delivery to the Consumer. The Consumer will have the right to return the defective Products under the conditions established by articles 129 of the Consumer Code and subsequent, and by these terms of sale. The application of any guarantee in the event of use of Product or its washing, does not comply with the instructions / warnings provided by the Seller and/or by the Owner, indicated in the reference documentation, in the tags or on the labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has right to report any defects and non-conformities no later than 2 (two) months from its acknowledge, by sending the appropriate form correctly filled to the Customer Service e-mail address: firstname.lastname@example.org, with indication of the defect found and/or non-conformity, as well as the relative documentation indicated in the return form (at least 1 –one- photo of the Product, a copy of the Order Confirmation sent by the Seller and/ or the receipt/invoice). Alternatively, the Consumer may request the warranty intervention providing the same indications as above, up to the expiry of 14 days from the reception of the Product(s), by using the appropriate form in the reserved area of the Website.
8.3. Following the form receipt and related documentation, the Seller will evaluate the fouls and non-conformities reported by the Consumer through the assistance of the Owner and, after having carried out the quality checks to verify the actual non-compliance of the Product, will authorize the return of the Products by replying by e-mail to the Consumer and providing the "Return Code" to the e-mail address provided during the registration process on the Website or during the order transmission. The authorization to return the Products will not constitute a recognition of defects or non-conformities, as the existence of these must be verified after the return. The Products authorized to be returned, must be sent by the Consumer, together with a return authorization communication copy, containing the "Return code", to the following address: Piazza di Spagna, 73010 Sogliano Cavour (LE) - Italia, Zona Industriale.
8.4. If the Seller finds the actual existence of a lack of conformity, he will repair the Product or, if this is not possible, replace the defective Product with a new identical Product. If repair or replacement is not possible (for example due to lack of the same Product), the Seller will reimburse the Consumer all costs paid, including all delivery and return costs (to be duly documented). The refund will be made, where possible, through the same payment method used by the Consumer when he/she purchased the Product(s) exclusively by bank transfer to the Consumer current account. It will be the responsibility of the Consumer to inform by e-mail the Seller at the e-mail address email@example.com, the bank details to provide for the transfer and ensure that the Seller is able to return the due amount.
9. Responsibility for damage from flawed Products
9.1. As for any damage caused by faulty in the Products, the European Directive instructions 85/374 /CEE and the Italian Legislative Decree n. 206/2005 (Consumer Code) are applicable. The Seller, as Products distributor through the Website, is free from any liability, none excluded and / or excepted, by indicating the name of the relative manufacturer of the Product.
10. Withdrawal Right - information
10.1 Expect for the dispensations referred to in the Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these terms, without providing any reason and penalty, within 14 (fourteen) days from when (i) the Product was delivered or when (ii), in case of purchase of more Products delivered separately with a single order, the last product was delivered.
10.2 To exercise the withdrawal right upon the Products to be returned, the Consumer must inform Piazza di Spagna to use the withdrawal form - you can download here - before the expiry of the term referred to in point above 10.1. In particular: (i) by filling the form with all Product(s) information; (ii) inserting the filled form in the package with which the Product(s) is/are meant to be returned; (iii) by applying the label already present in the form on the same package, once closed; (iv) by reserving the package pick-up by the courier indicated by the Seller in one of the ways indicated therein. The indication by the Consumer of the reason for Product returning through the respective reason code indicated in the form table is not mandatory for the purposes of the withdrawal right.
10.3 As an alternative way to the methods referred to point 10.2 above, the Consumer may in any case exercise the withdrawal right by sending any explicit declaration to Piazza di Spagna through the contact form or at the e-mail address: firstname.lastname@example.org, or in any other way to withdraw through the attached model withdrawal form.
10.4 Following the instructions to the point 10.3 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing the return form to be included in the package, and instructions for returning the product, to be sent no later than next 14 days to:
Pazza di Spagna.
73010 Sogliano Cavour (LE) – Italy
10.5 If the Consumer has received the product, he is asked to return it to Piazza di Spagna without any undue delay and, in any case, within 14 days from the communication of the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks of returning the goods, as well as the evidence of this, will be borne by the Consumer. The direct costs of returning the goods will be charged to the Seller.
10.6 In case of withdrawal, the Consumer will be reimbursed for the payments he has made, including delivery costs (except for the additional costs deriving from the possible choice of a less expensive delivery other from the standard delivery type offered) and the costs for returning the Products if anticipated by the Consumer, without undue delay but no later than 14 days from the withdrawal communication in any case. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different payment method, so that any additional costs deriving from the different payment method will be charged to the Consumer. The refund can be suspended until the goods are received or until the Consumer gives evidence that he has sent the goods back, if previously.
10.7 The Consumer is responsible for the value decrease of the Product(s) resulting from a manipulation other than that established by nature, features and functioning of the goods. Therefore, if the returned Product(s) are damaged (i.e. with signs of wear, abrasion, scratches or other deformations, etc.), or not complete with all their elements and accessories (including unaltered labels and tags sticked up to Product), or not accompanied by the instructions / notes / manuals annexed, or by the original packaging, or where present by the guarantee certificate, the Consumer will answer for its/their value decrease, and will be entitled to a refund of the amount equal to the residual value of the Product. For this purpose, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary established by nature, features and functioning of the same. The Consumer is invited to wrap the Product(s) with the original upholstery and with other protective packaging that preserves its/their integrity and protect it/them also from other writing or labels during transportation.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or relating to the Product(s) are and remain the exclusive property of Piazza di Spagna and/or of its assignees, without any right on them for the Consumer while accessing to Website and/or purchasing Products.
11.2. The contents of the Website may not be reproduced, in whole or in part, transferred by digital or other conventional means, modified, or used for any purpose without the prior written consent of Piazza di Spagna.
12. Consumer Data and Privacy Protection
12.1. In order to proceed with registration, some personal data about the Consumer are requested at the order sent and therefore at the conclusion of the contract. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in compliance with National Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, as data controller in charge to execute each online purchase through the Website and, with the consent of the Consumer, of any further purposes indicated in the privacy documentation provided to the Consumer through the Website at the moment of the registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
12.3. The Consumer may at any time verify, update, modify, delete his personal data provided to the Seller at the appropriate Website area of "My Account" that is accessible after authentication. The Consumer may at any time exercise his/her rights pursuant the Privacy Code by following the indications provided in the privacy documentation on the Website.
13.1. Although in compliance with the applicable legislation, the Seller adopts suitable measures to protect personal data in order to minimize the risks of destruction or loss, even accidental, of unauthorized access, of illegitimate treatment, of falsification, manipulation and improper use by of third parties, due to the features and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, are not accessible to unauthorized third parties, even after the Consumer has provided authentication (login).
13.2. The Seller, with regard to data relating to credit card payments, uses the services of the company (Name of the Company) which adopts technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web based on the industry standards.
14. Applicable law, Conciliations and jurisdiction on Resolutions
14.1. General Terms of Sale. Each sales contract executed and concluded between the Seller and Consumers pursuant these general conditions of sale will be managed and governed in compliance with Italian laws and in particular with the Consumer Code, with specific reference to the legislation on contracts in distance and to the legislative decree n. 70 of April 9, 2003 on specific e-commerce details. In any case, the attributed rights of Consumers will be mandatory reserved to the National law in force, according to their own Residence.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee as from now our participation to an eventual attempt of amicable settlement of disputes promoted on RisolviOnline, an independent and institutional service provided by the Milan Arbitration Chamber of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the support of a neutral and competent conciliator in a friendly and safe way on internet. For more information on RisolviOnline regulations, or to send a conciliation request, have a look on www.risolvionline.com.
14.3 As an alternative to the attempt of amicable settlement of disputes, referred to point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013. This is set-up in order to facilitate the independent, impartial, transparent, effective, fast and fair extrajudicial resolution of disputes concerning contractual obligations deriving from sales contracts or from online services existing between a consumer residing in EU and a professional established in EU through the intervention of any ADR body (Alternative Dispute Resolution) present and selectable from a special list here available. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure related to this contract, please have access to this following link: http://ec.europa.eu/odr. The Seller's email address to be indicated on the European ODR Platform is the following: email@example.com
14.4. If the attempt to conciliation referred to the previous points above 14.2 and 14.3 is not adhered to, or if such attempt should have a negative outcome, the dispute will be referred to the judge of the City of residence or domicile of the Consumer.