General terms and conditions of sale
These general terms and conditions of sale concern the sale of products offered through the Internet on the website www.couturearte.com, by the Sole Trader Eugenia Papa (Hereafter referred to as Eugenia Papa), whose registered office (not open to the public) is in Pescara(PE), in Via Matilde Serao n.5.
They are an integral and substantial part of each order. They must be examined online, understood, and accepted by the customer before the completion of the purchase. Proceeding with confirmation of an order implies full knowledge of the general terms and conditions of sale, and their unreserved approval.
Eugenia Papa markets products on this site to customers that fall into the “consumer” category (a physical person who acts independently of any eventual professional activity). The relationship will be governed by the Italian regulations on Consumer Rights as outlined in the Law “Decreto Legislativo del 22 Maggio 1999, n. 185”. Data protection and privacy will be handled in accordance with the Law “Dlgs n. 196 del 30/06/03). The Sole Trader Eugenia Papa will not be held to any different terms and conditions if not previously agreed to in writing.
1. SALE PRICES AND MODE OF PURCHASE
All prices are shown in Euro, and are inclusive of VAT. All prices do not include shipping, unless otherwise specified on the website. The total cost of shipping payable by the customer shall in any case be made known to the customer before the purchase is confirmed. The customer can pay for the ordered goods online through any of the means shown on the website at the time of purchase. In case of a purchase originating from a country that is not selectable on the site couturearte.com, the order shall only be deemed valid after Eugenia Papa’s confirmation of any additional shipping costs that will have to be paid in addition to the price of the goods.
2. DESCRIPTION OF GOODS
The goods shown on www.couturearte.com are original and authentic, and have been manufactured by Eugenia Papa, with each item undergoing a thorough quality control procedure. The goods are supplied with a product information card that contains advice on their use and care. The colours of goods as shown on the website may be slightly different from the originals. The images contained in the website www.couturearte.com are property of Eugenia Papa. Any use of such images without prior written authorization from Eugenia Papa shall be prosecuted to the fullest extent of the Law.
All goods offered by Eugenia Papa are covered by the Italian Manufacturer’s Warranty for two years for any production faults, in accordance with the 24/02 Law. Any damage caused by misuse does not fall under this warranty, and we will not be held responsible for direct or indirect damages caused by improper use of our products. The aforementioned warranty will not be valid in cases of negligence or carelessness in the use, maintenance and laundering of the goods.
4. MODE OF DELIVERY
Unless otherwise specified on our website, the total cost of shipping is to be paid by the customer, and will in any case be made known to the customer before purchase confirmation. The goods are delivered to the shipping address supplied by the customer during the order. At the time of receipt of the order, the customer is required to verify, in the presence of the person who is delivering the order, that the goods being received match the order, and only after such verification should the customer sign for receipt of goods. If, for whatever reason, the packaging appears to have been tampered with, or if the adhesive tape does not look intact, the customer is requested to either sign for the delivery “with reservation”, or refuse the delivery entirely. In such a case where the delivery has been accepted with an unauthorised signature, or where there is evidence that the package has been tampered with, customers are requested to inform the courier immediately and to contact Eugenia Papa. Should the customer be absent at the time of delivery, any additional redelivery charges will be payable by the customer. Eugenia Papa declines all responsibility for any delays in delivery or any damages caused by those responsible for delivery.
5. RIGHT TO RETURN GOODS
According to art. 64 of the LD no. 206/2005, the customer may exercise his or her right to return goods, without penalties and without specifying a reason, within 14 working days from the date in which the purchased goods were received, by returning the purchased goods AT HIS OR HER OWN COST, IN THEIR UNOPENED CONTAINER(S), and complete with all accompanying documents that were received together with the goods. Eugenia Papa will refund the customer the amount paid within 14 days from receipt of the returned goods and by following the transfer procedure of the amount charged to credit card or by bank transfer. For more details about return, see the “RETURNS” section.
6. PLACE OF JURISDICTION
Any controversy or litigation regarding the application, execution, interpretation, and violation of sale contracts that are entered into online with Eugenia Papa are subject to Italian law and jurisdiction. The competent court shall be that in whose catchment area the customer is domiciled; for customers abroad, or for companies, any controversy shall be the exclusive competency of the Court of Pescara.
Eugenia Papa shall not be held responsible for any incomplete or untruthful information that may have been provided by producers or importers of the goods for sale. Eugenia Papa shall not be held responsible for failure to honour a contract in case of: exhausted supply, unavailability of a particular product, force majeure, disruptions, strikes – total or partial – of postal services, transportation carriers and/or communication providers, floods, fires, and natural disasters.
All personal data collected is used solely for the purpose of fulfilling the stipulated contract, and is shared exclusively for that purpose. In accordance with the Law n. 196 of 30/06/2003, the customer has the right to access, modify, and oppose the use of personal data that concerns him or her. The deletion of one’s own personal data must be requested through an e-mail or through the online form available at www.couturearte.com
9. PLACING AN ORDER ON THE WEBSITE
The purchase is made by the customer and is relative to the products chosen as illustrated and described within the site www.couturearte.com in its product descriptions and – where available – technical data sheets. Images are for indicative purposes only, and the products may vary aesthetically. All prices are inclusive of VAT, and do not include shipping costs. For further details on shipping see the SHIPPING section. Before the purchase is confirmed, the client will receive a summary with the unit price of each chosen product, shipping costs, and the total price.
Upon confirming the purchase, the customer will be able to print the order data, and will automatically receive an order confirmation by e-mail. Advance payment for a supply does not in itself justify a confirmation of the order’s acceptance, which could be refused by Eugenia Papa and refunded, after deduction of any relevant banking fees.
10. AVAILABILITY OF GOODS
Should an order exceed the available stock, Eugenia Papa will communicate the shortage of stock within 72 hours, as well as the predicted wait for the order’s completion; should the client and/or consumer not agree to wait the necessary time, the contract will be rescinded, and Eugenia Papa will immediately refund the payment. Orders made on the Internet are recognised as an ordinary commercial contract, signed by the customer in his or her own hand.