general terms and conditions
general terms and conditions of online sales
1. Preamble and Validity of the General Terms and Conditions
The seller of the products (the “Products” or the “Product”) and the owner of the Website www.imperialfashion.com (the “Website ”) [MV1] is Imperial S.p.A, Tax ID and VAT number 00666471206, with head office located in Italy in 40050 Funo di Argelato (BO), Via Lanaioli 42, Centergross blocco 11 (the “Seller”).
These general terms and conditions of sale ("General Terms and Conditions of Sale") regulate online purchases of the Products made through the Website pursuant to Italian law.
Persons who access the Website to make purchases (the "Customer") must carefully read and accept these General Terms and Conditions before making a purchase and access the respective page of the Website.
2. Choosing and Ordering Products
The features of the Products (e.g. sizes, range of colours, description, composition, etc.), as well as the price of the Products for sale on the Website, are included in the description sheet of each Product. The graphical representation of the Products corresponds to the photographic image provided with the respective description sheet. The image of the Products has the only purpose of presenting the Products for sale and may not be representative of their features and quality.
Any Customer may purchase the Products by registering to the Website ("Registered Customer") or may purchase them as "guest" without registering ("Unregistered Customer"). In any case, the Customer must fill out and forward the order form (“Order”) electronically by selecting the chosen method of payment.
After sending the Order:
- The Customer will receive an email from the Seller with the Order Number, the list of the Products on the Order with their essential features and the total price, including delivery expenses and any ancillary costs;
- The Seller will check the availability of the Products on the Order and: i) will process the Order if the Products are available; ii) if the Products are not available, the Order will be cancelled; iii) if only some Products on the Order are not available, only the available Products on the Order will be processed.
3. Prices and Delivery Expenses
The prices of the Products are expressed in Euro and include VAT.
The delivery costs, where due, are at the customer’s expense and will be itemized before the purchase order is forwarded (“Accessory Expenses”).
4. Method of Payment
4.1 Methods of Payment
The Customer may pay for the price of the Products and respective Ancillary Expenses using a credit card or PayPal.
- Credit Card
The following credit card types are accepted to make purchases in the Website:
The Website does not store the Customer’s credit card number.
Once the Order is made, the Customer will be directed to the PayPal website where the payment can be made using the Customer’s PayPal account or using a credit card or even a pre-paid credit card and in any case according to the methods of payment accepted by PayPal in compliance with the respective conditions.
5. Transportation and Delivery
The products will be delivered to the address or sales point specified by the customer in the specific field “Shipping Address” during the purchasing procedure.
All Products will be delivered by express courier, it being understood that the Seller will not be held liable in any case for unforeseen delays or delays not attributed to the latter.
Once the Products are shipped, the Customer will receive an email confirmation with a link where to track the shipment. Except in cases of force majeure or fortuitous event, the Products will be delivered within 12 business days, effective as of the day after the Order.
Countries where the service is active: Italy, Belgium, Croatia, Denmark, Finland, France, Greece, Ireland, Poland, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain (except for the Canary Islands, Ceuta and Melilla), Sweden and Hungary.
6. Right of Withdrawal
Notwithstanding the exclusion cases set out in section VI, the Customer has the right to withdraw from the contract for any reason without having to provide any explanations or without incurring any penalties whatsoever ("Right of Withdrawal" or "Withdrawal").
The Right of Withdrawal may be exercised for all or only part of the Products purchased by the Customer.
Moreover, the Right of Withdrawal may be exercised within 14 days after the date in which the Customer or third party assigned thereof, gains physical possession of the Products.
If the Customer orders multiple Products with a single Order to be delivered separately, the Right of Withdrawal may be exercised within 14 days after the date in which the Customer or third party assigned thereof, gains physical possession of the last Product.
To exercise the Right of Withdrawal, the Unregistered Customer must forward the Seller a written notice within the term mentioned above, to the email address: email@example.com indicating: the Order number, name and surname of the holder of the Order and reason for the Withdrawal (this is optional and it will not jeopardise the right of withdrawal, the Seller requires the Customer to state a reason for withdrawal to improve the sales service, the related statistics and said evaluations will be made fully anonymous and in full compliance with privacy standards).
Once the Withdrawal notice is received and the right of withdrawal is verified, the Seller’s customer service will inform the Unregistered Customer by email of the confirmation of the Right of Withdrawal exercised, the file number and the instructions on how to return the Products.
In order to exercise the Right of Withdrawal, the Registered Customer must access the section "My Orders" and forward the Seller a Withdrawal request within the term mentioned above thereby accessing the specific Order that the Customer wishes to exercise the right of withdrawal (the order is summarised in the section of the Website dedicated to the Registered Customer). Once the Right of Withdrawal is exercised and the right of withdrawal is verified, the Seller’s customer service will inform the Registered Customer by email of the confirmation of the Right of Withdrawal exercised, the file number and the instructions on how to return the Products.
The Right of Withdrawal may also be exercised by going to any of the points of sale specified in the following LINK, as long as it is within the same term mentioned above. The Customer must fill out the Withdrawal form at the point of sale and attach the transport document that certifies the delivery of the Product for which the Right of Withdrawal is requested and return the Product intact according to the provisions set out hereafter.
The Right of Withdrawal is regulated by the following conditions.
I- The Right of Withdrawal is applied to the Product purchased in its entirety; therefore, if the Product consists of service components or parts, the Right of Withdrawal cannot be exercised only for the part of the Product purchased.
II. If the Right of Withdrawal is exercised within the respective term, the Seller shall reimburse the Consumer Customer the entire price of the Products (including delivery expenses) subject to the Withdrawal (“Returned Products”) within 14 days after receipt of Withdrawal notice. The Seller shall have the right to suspend the reimbursement until the Returned Products are received.
III. The reimbursement shall be made using the same method of payment used by the Customer, unless the latter expressly requests a different method of reimbursement, as long as it is free of charge to the Seller.
IV. Customers who inform of their Withdrawal Right within the term and according to the methods specified above, must return the Returned Products to the Seller by no later than 14 days after forwarding their Withdrawal Notice.
V. The Customer shall bear all costs necessary to return the Returned Products to the various countries other thanItaly. InItaly, the Seller shall bear all the costs necessary to return the Products, except in the case in which multiple Products are ordered by the Customer through a single Order, if the Products are returned to the Seller with separated shipments. In this case, only the shipment for the first Product shall be paid by the Seller while the expenses to return the additional Products shall be borne by the Customer.
VI. The Products must be returned intact and in their normal condition, inside their original package and with all their parts (including packing and ancillary documentation). Non-conforming returned products cannot be accepted. The shipping address is: IMPERIAL CREATIVE LAB - Via dei Setaioli - Blocco 2 Centergross - 40050 FUNO DI ARGELATO (BO)
7. Legal Warranties
Legal Warranties for the Customer: The Customer has the right to use the legal warranty envisaged in articles 128 through 132 of the Consumer Code. Said warranty, in order to be valid, requires for the Customer to report to the Seller any conformity defect of the Product within 2 months after discovery of defect (article 132 of the Consumer Code). After said report, the Consumer Customer shall have the right to demand for the defective Product to be repaired or replaced, notwithstanding the other rights envisaged by law. By virtue of the above warranty, the Seller is responsible for conformity defects that are discovered within 2 years after delivery of the Product. After said term, the Seller will therefore no longer be responsible for conformity defects discovered by the Customer. If the Product is replaced or repaired, the warranty terms for the replaced or repaired Product are the same as of the original Product. Therefore, the overall two-year duration of the legal warranty will be effective as of the delivery of the original Product. In order to use the warranty, the Client must provide proof of the actual purchase date.
8. Errors and Limit of Liability
Information regarding the Products are constantly being updated. In any case, the complete absence of errors cannot be guaranteed and the Seller may not be held liable, except for cases of wilful misconduct or gross negligence.
The Seller reserves the right to correct any errors, inaccuracies or omissions, even after forwarding an Order, including the right to change or update the information at any time without prior notice, notwithstanding the Customer’s rights envisaged in these General Terms and Conditions and applicable laws.
Except for cases of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or indemnification is excluded, as well as any contractual liability or non-contractual liability for direct or indirect damages caused to people or things, due to a lack of acceptance or processing of an Order or the sale of the Products, even partial.
Moreover, the Seller will not be held liable for any direct or indirect damages of any sort, regardless of their form, that are due to the use of the Website or news, pictures or information contained therein.
Any complain must be forwarded to the Seller by writing to the following email address: firstname.lastname@example.org
10. Applicable Law and Competent Court
The sales contract between the Customer and the Seller is considered concluded in Italy and governed by Italian laws. Any dispute arising between the Seller and a Consumer Customer in relation to these General Terms and Conditions or individual purchase orders shall be submitted to the exclusive decision of the court where the Consumer Customer resides located in Italy. For all other cases, disputes shall be submitted to the exclusive decision of the Court of Bologna.
11. Personal Data Processing
The Customer's personal data is processed by Imperial S.p.A. in compliance with the Data Protection Code, as specified in the informative notice on the provided section.