These general conditions (the " General Conditions ") govern purchases made remotely through the website www.inzerillo.it (the " Site " or " inzerillo.it "), as well as the use of the Site, in accordance with the provisions of Legislative Decree 70/2003 on the services of the information society and electronic commerce and the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree 206/2005, as amended by Legislative Decree no. lgs. 21/2014.
The products offered on www.inzerillo.it are sold directly by the company Michele Inzerillo Srl (" Michele Inzerillo " or " Inzerillo ") with registered office (coinciding with the geographical address where it is established) in Palermo, Viale Alcide De Gasperi n. 62 , registration with the Palermo Register of Companies, Tax Code and VAT no. IT04645570823, share capital of € 26,000, of which € 26,000 is paid, certified e-mail address email@example.com .
The distance selling service governed by the General Conditions is available to consumers who are natural persons - who have reached the age of majority - who access the Site for purposes not related to commercial, professional or business activities that may be carried out (the " Consumer ") ), both for professional users, natural or legal persons who act in the exercise of their commercial, professional or business activity (the " Professional ") hereafter referred to as the " Customer ".
The General Conditions and the relative purchase procedures are available in Italian and English and are published on the Site to allow them to be known, as well as the memorization and reproduction by the Customer.
Michele Inzerillo reserves the right to make changes and / or additions to the General Conditions at any time.
The applicable General Conditions are those in force at the date of sending the purchase order by the Customer.
Object of the contract
With this contract Michele Inzerillo sells and the customer purchases remotely, exclusively via the Internet, the products shown and offered for sale on the website www.inzerillo.it .
Before formalizing the purchase offer, the Customer undertakes to read carefully these General Conditions - and the pre-contractual information, indicated below, which are provided before the validation of the order with payment obligation- and to accept them by checking the box prepared for this purpose.
The e-mail confirming the order (the " Confirmation e-mail ") will contain a link to the General Conditions to be stored and archived, in compliance with the provisions of art. 51, paragraph 1, of the Consumer Code, as amended by Legislative Decree 21/2014.
Availability of products
In the product sheets published on the Website, the availability by size and color of each item offered for sale is indicated in real time.
Nevertheless occasionally some articles presented on the Site may be unavailable when the order is placed by the Customer due to the simultaneous presence on the Website of multiple users.
In such event Michele Inzerillo will promptly inform the Customer by e-mail, and in any case within 30 days from the day following the order's forwarding, about the waiting time to obtain the selected good and in this case will ask the Customer if it intends to confirm the order, or rather the unavailability of the products ordered and will refund, without undue delay, the payment made.
There may be cases of partial or total unavailability of the products even following the sending of confirmation of the order by Inzerillo (specifically following the Confirmation e-mail). In this case the Customer will be immediately notified by e-mail and refunded without undue delay; this contract will be considered terminated by right.
Pre-contractual information and purchase procedure
The Customer undertakes to print / store and keep this contract after the conclusion of the online purchase process described above.
In any case, the pre-contractual information and the information contained in the General Conditions have already been read and accepted by the Customer, who acknowledges it, as this step is mandatory before the confirmation of the order proposal.
The Customer has the right to access the Site and use the Site for consultation and purchase. No other use of the Site and its contents is permitted. The Site in its entirety as well as the individual elements that compose it, are owned by Inzerillo and are protected by intellectual property rights.
Method of archiving the contract
Each order proposal and the customer data required for the purchase will be stored by Inzerillo in digital form on its server for the period of time and in compliance with the conditions of confidentiality and security required by current legislation.
Prices and methods of payment
The selling prices of all the products offered on the Website are expressed in Euro and include VAT if due.
The products offered for sale on the Site are subject to the laws and regulations in force on customs and export control and therefore must be purchased, exported and used by the Customer in accordance with these regulatory provisions.
For purchases made from non-EU countries are indicated any import taxes or taxes (the payment of DDU import taxes is charged to the customer).
The shipping costs, if charged to the customer, are applied according to the shipping service chosen by the customer and indicated both during the selection phase and at the time of the conclusion of the purchase process before the customer clicks on the button " confirm the order and proceed to payment ".
For any additional cost, which should be applied, Inzerillo will inform the customer in advance.
Inzerillo reserves the right to change the prices of the articles at any time.
The purchased products are debited to the Customer at the price published on the Site during the purchase phase and precisely the price indicated in the shopping cart, on the summary page of the order in which the " confirm the order and proceed to payment " button is present.
In the event of errors that result in a substantial change in the price of the items such as to make it obviously excessive or derisory, the order will be canceled and the price reimbursed to the Customer within 14 days.
Inzerillo accepts only the payment methods indicated on the Website.
In the event that for any reason the charge of the amounts due by the Customer is not possible, the order is canceled and the contract is terminated as per the communication sent to the Customer.
In the case of payment via Paypal, the debit only takes place following the sending of the Confirmation e-mail and the preparation of the goods for shipment.
In case of payment by credit card, the Customer confirms and guarantees to be the holder of the credit card used and confirms the accuracy of all the relative data. The debit only takes place after the verification of the credit card details, the receipt of the debit authorization by the issuing company, as well as the sending of the Confirmation e-mail and the preparation of the goods for shipment.
If the Customer chooses to make the payment by bank transfer, Inzerillo indicates the bank details in the Confirmation e-mail. The Customer is obliged to provide a copy of the transaction made to the e-mail address support @ inzerillo.it within and no later than 48 hours from the Confirmation e-mail; otherwise the order is canceled and the contract is terminated by right.
The shipment takes place only after the effective receipt of the order amount on Inzerillo's current account.
The products are shipped to the address indicated and with the delivery method (Standard or Express) chosen by the Customer when ordering.
Inzerillo can not be held responsible if the Customer agrees with the shipping company a delivery address different from the one indicated in the order and reported in the Confirmation e-mail.
For security reasons, Inzerillo can not process shipments that are addressed to post office boxes.
Inzerillo undertakes to deliver the goods without undue delay and, however, no later than 30 days from the sending of the Confirmation E-mail, except in cases of force majeure or unforeseeable circumstances, or the unavailability of products. In the latter case, the Customer will be informed immediately by e-mail and refunded without undue delay. This contract will be considered terminated by right.
Upon delivery of the goods to the courier (DHL or UPS) the customer receives an e-mail notification from the same containing a tracking code and the link to access to monitor the progress of the shipment using the code.
If Inzerillo does not deliver the order within 30 days, the Customer is obliged to ask Inzerillo to make the delivery within an additional period appropriate to the circumstances, unless there are cases of exemption of the Customer from this charge under the law current. If the additional term expires in vain, the Customer has the right to terminate the contract, except for the right to compensation for damages.
Delivery is considered completed when the product is physically placed at the disposal of the Customer, or a third party designated by the same, at the address specified by the same in the order process. From that moment the Customer will assume the risk of loss or damage of the products purchased for reasons not attributable to Inzerillo.
The risk is transferred to the customer already at the time of delivery of the products to the courier if the latter has been chosen by the customer.
In the event of a negative outcome of the delivery, the purchased product will be returned to Inzerillo, the contract will be terminated by right and Inzerillo will refund the sum paid by the Customer and will cover the costs of delivery not successful, return costs to Inzerillo and custody fees.
At the time of delivery, the Customer is required to promptly verify the integrity of the package and the conditions of the product delivered.
Any damage to the product or packaging or the mismatch of the products to those ordered, must be immediately notified to the courier with written reservation on the proof of delivery of the courier.
In case of delivery problems or delays, the Customer is required to promptly report the incident to Inzerillo.
Product Compliance and Warranties
All products offered for sale on the Site are authentic and quality products that are supplied to Inzerillo by selected producers.
The product sheets published on the Website contain a description of the essential characteristics of the products on sale. Any errors or small differences between the descriptions contained in the Site and the actual product will be corrected as soon as possible by the report. The photographs can not in any way be considered as a contractual element.
In case of production defects or conformity defects, the Consumer will have the right to use the legal guarantee provided by the Consumer Code (articles 128 to 132 to which reference is made) and in particular to restore, without additional costs, the conformity of the product by repair or replacement, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other. In the cases envisaged by law, the Consumer may request a reasonable reduction of the price or the termination of the contract (limited to the disputed goods) and the reimbursement of the relative price. The Consumer loses all rights if he does not report to Inzerillo the lack of conformity within two months from the date on which he discovered it.
In any case, Inzerillo is liable to the Consumer for only conformity defects that occur within two years from the delivery of the product.
The notification of the presence of defects and flaws must be sent in writing, by registered letter with return receipt or e-mail to Inzerillo at firstname.lastname@example.org ; the tax documentation must be attached to it. Inzerillo will communicate by e-mail its willingness to process the request or the reasons that prevent it from doing so within seven working days from receipt of the complaint.
If it is possible to process the request, the Consumer must follow the return procedure for returning the product referred to in the following paragraph.
Any conventional guarantees relating to products sold on the Website are provided directly by the manufacturer.
The Professional has the right to use the legal guarantee provided for in the civil code. This guarantee provides among other things that the Professional, under penalty of forfeiture, denounces to Inzerillo any defect found in the product purchased within eight days of discovery. The legal guarantee is valid for the maximum term of twelve months from delivery.
Right of withdrawal for the Consumer - Returns and refunds
The Consumer has the right to withdraw from the contract, without any penalty and without specifying the reasons, within 14 days from the date of delivery of the products (in the case of multiple purchases with a single order, from the day on which he receives the last product).
The Consumer who intends to exercise the right of withdrawal must notify Inzerillo, before the expiration of the withdrawal period, by an explicit declaration containing the decision to withdraw from the contract to be sent to Michele Inzerillo Srl, Viale Alcide De Gasperi n. 62, 90146 - Palermo, by registered mail to / ro e-mail ( email@example.com ).
To this end, the Consumer may use the withdrawal form as per Annex I, Part B of Legislative Decree 21/2014 (not mandatory) reported on the standard withdrawal form page.
Following the correct exercise of the right of withdrawal, Inzerillo will send by e-mail the return instructions containing the waybill to be used for shipping, the indication of the address to which to send the goods, the indication of the courier to turn to for the return.
The Consumer must:
It is specified that the transport costs related to the return of the product and / or products subject to withdrawal will be the sole responsibility of the Consumer and that the return is under the complete responsibility of the Consumer.
The Consumer is required to send back the goods to the address indicated by Inzerillo without undue delay and in any case within 14 days from the day in which he communicated the withdrawal. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
In the event that the Consumer makes a return from an extra-EU country, he is required to pay the international shipping costs and customs duties (DDP).
The return must come from the same country in which the product was shipped during the purchase.
The products must be returned intact, never used and / or worn, in the original packaging as an integral part of the product and inside the packaging Michele Inzerillo Srl, complete with all their parts as well as the label and security seal with which have been delivered, of any accessories received (envelopes, hangers, clothing covers, etc.) and related documentation. It is specified that the original Michele Inzerillo for Gentleman label must not have been removed from the product.
For sanitary and health reasons connected to the protection of health, bathing suits and intimate garments must be made complete with transparent label of hygienic protection, nor should the same be reapplied after removal.
Inzerillo will check the packaging and the status of each returned product; this because it is an essential requirement for the correct exercise of the right of withdrawal the absolute integrity of the product and its packaging.
The Consumer is responsible for the diminished value of the goods resulting from a handling of the goods other than that authorized by Inzerillo to establish the nature of the characteristics and functioning.
If Inzerillo refuses to return the goods due to incorrect use of the right of withdrawal by the Consumer, Inzerillo will send the relevant communication by e-mail and will not proceed with the re-crediting of the price, reserving the right to request compensation for any damage that may be attributable to the conduct of the Consumer. In this case the goods will be returned to the original shipping address unless otherwise indicated in the declaration of withdrawal.
If the right of withdrawal has been correctly exercised, Inzerillo will reimburse to the Consumer the price paid during the purchase phase related to the product and / or products returned within 14 days from the day on which the Consumer was informed of the decision to withdraw from the contract sale.
The reimbursement will take place through the same means of payment used by the Consumer unless otherwise indicated in the declaration of withdrawal.
Inzerillo reserves the right to withhold the reimbursement until it has received the returned product or products or until the Consumer proves to have shipped the product or products, whichever situation occurs earlier.
Restitution based on these General Conditions is permitted only in relation to products purchased through the Site.
Change of goods
The customer can request the exchange of goods to obtain the replacement of the product purchased with the same item in a different size without additional costs, except for the return shipping costs.
To this end, the Customer is required to follow the return procedure referred to in the previous paragraph declaring, in its communication to Inzerillo, that it intends to request a change of goods and specifying the requested size.
Inzerillo, having verified the possibility of making the change of goods, sends the customer an e-mail with which he confirms the change or not.
Intellectual property rights
The Site as a whole and all the material contained therein is owned by Michele Inzerillo and is covered by copyright and other intellectual property rights (copyright) in accordance with the law n. 633/1941. It is forbidden any use, total or partial, of the contents included in the Site, including the modification, printing, storage, reproduction, reprocessing, distribution or distribution of the same contents through any technological platform, support or telematic network, without prior written permission from of the right holder.
The Site may contain material protected by third party intellectual property rights. In such cases, the permitted uses must be verified with the owners or licensees of the related rights as identified from time to time.
The trademarks and "logos" appearing on the Site, such as product names published online, are trademarks owned by third parties and can not be used in such a way as to create confusion about the origin of the products without the prior written consent of the trademark owner. Unauthorized use of such trademarks, products and / or other proprietary rights is expressly prohibited and constitutes a violation of trademark and other industrial property law.
Communications and complaints
Written communications to Inzerillo and any complaints will be considered valid if sent to the following address: Viale Alcide De Gasperi n. 62, 90146 - Palermo or sent by e-mail to the following address: support @ inzerillo.it .
Inzerillo's communications will be sent to the e-mail address indicated by the Customer during the purchase and / or registration of the Website.
Limitations of responsibility
Inzerillo declines all responsibility for disservices due to force majeure or unforeseeable circumstances, also due to the malfunctioning of the Internet, if it fails to execute the order within the time specified in the contract.
Inzerillo can not be held responsible for any damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to the same, since the Customer only has the right to return the price paid and any additional charges incurred
Outside of cases of willful misconduct or gross negligence, Inzerillo will not be in any way responsible towards the Customer for indirect or consequential damages that may result from the purchase of products offered for sale on the Site.
Processing of personal data
Applicable law and competent court
These General Conditions are governed by Italian law and will be interpreted on the basis thereof.
In the event of a dispute between Inzerillo and a Consumer, deriving from the interpretation and / or application of these General Conditions, the Court of the place of domicile or residence of the Consumer will be competent, or, at the Consumer's choice, the Court of Palermo .
Alternatively, the Consumer may promote one of the out-of-court settlement procedures required by current legislation; to this end it is noted that the European Commission provides a platform for alternative non-judicial dispute resolution accessible at http://ec.webgate.europa.eu/ord .
In case of dispute between Inzerillo and a Professional, deriving from the interpretation and / or from the application of the present General Conditions, the Court of Palermo will have exclusive jurisdiction.
Update of 28/05/20