TERMS AND CONDITIONS
General Terms and Conditions of Sale on adddown.it
These general terms and conditions of sale regard the purchase of products made remotely via the website www.adddown.it belonging to COMEI & CO SRL, Ripa di Porta Ticinese 77/79 - 20143 Milan Tel: +39.02.4241481 Fax: +39.02.48958335 VAT No. IT06035390969 - REA MI 1866050 Share Capital € 1.014.000,00., hereinafter referred to as “Seller”.
For inquiries, please contact the following telephone number/e-mail address: COMEI & CO SRL, Ripa di Porta Ticinese 77/79 - 20143 Milan Tel: +39.02.4241481 - email@example.com
This e-commerce activity is restricted to consumers. Products purchased may not be resold for commercial purposes or for the exercise of a business activity.
The resale, rental or disposal for any commercial or professional purposes of products purchased on the website shall be expressly prohibited.
Each purchase transaction shall be governed by the provisions of Legislative Decree No. 206 of 6 September 2005 and, as regards the protection of confidentiality, it shall be submitted to the rules pursuant to Legislative Decree No. 196 of 30 June 2003, as amended.
The Seller may make changes or amendments to these Terms and Conditions at any time. Therefore, the Customer will be required only to accept the General Terms and Conditions in force at the time of the relevant purchase.
Acceptance of General Terms and Conditions of Sale
In order to conclude a purchase agreement for one or more products through www.store.adddown.it, the Customer will be required to fill out the order form in e-format and send it to the Seller online, by following the relevant instructions. All orders forwarded by Customers shall be subject to the Seller's acceptance. The Seller may decide not to accept the Customer's order for any reasons whatsoever, with no obligations on its part.
Products available as illustrated and described online in their respective fact sheets may be purchased by Customers at the price indicated therein, in addition to transportation costs as indicated at the time of purchase.
The Customer Order Form represents a product purchase offer. The order form contains a reference to the General Terms and Conditions of Sale and a summary of information on the key features and price of each product ordered (including any applicable taxes and dues), methods of payment available to Customers for the purchase of any products, information on the delivery mode of products purchased, shipping and delivery costs, a reference to the conditions under which the right of withdrawal can be exercised and information on the manner and timing for the return of purchased products.
Before any product is purchased by transmitting the order form, Customers shall be required to read the General Terms and Conditions of Sale carefully, print a copy thereof by clicking on the print command and save or copy the order form for personal use.
After confirming the purchase, for the completion of the transaction, the Customer shall receive an e-mail message indicating the date and total amount of his/her order and any details thereof. It is understood that the above e-mail stands as proof that the Seller has received the Customer's order but shall not be understood as acceptance thereof. The acceptance of the Customer's order and signing of the sales agreement between the Customer and the Seller shall not be executed until products are sent to the Customer.
Order forms shall be maintained on file in our database for the period necessary for processing orders and the Customer may in any case, within the limits set forth by law, have access to the order form by checking the Order Status Section.
The Seller may not process any purchase orders that provide insufficient assurance of solvency or that are incomplete or incorrect or whenever products are not available. In such cases, the Seller shall inform the Customer by e-mail that the agreement has not been concluded and the Seller has not processed the purchase order, specifying the reasons therefor. The Customer shall only be charged the cost of products shipped, as well as any shipping costs and other administrative expenses.
The Seller provides no guarantee that the colors of products as displayed in the online store have been reproduced faithfully. Differences could have occurred due to technical characteristics and color resolution of computers used by Customers and/or browsers. As a consequence thereof, the Seller shall not be liable for any inadequacies of the graphic representations of products displayed on the website, if resulting from any such technical reasons.
The Customer acknowledges that the stocks of products offered by the Seller through this service are limited. The availability of any whatsoever items sold on the website can be checked at any time, both at the time the shopping cart is created, and thereafter upon completion of the purchase order.
All products have an identification tag bearing the product code affixed with a disposable seal. Customers may not remove the tag and seal from the products purchased.
The Seller reserves the right to change the price of products sold on the website at any time without prior notice. Prices published on the website shall be charged to the Customer at the time the order is confirmed by the Customer, provided that products ordered are available at such time. Only the price and shipping costs of available products shall be charged if one or more products are unavailable.
Payment of products purchased and any shipping costs shall be made by the Customer upon forwarding the order confirmation, through one of the indicated payment methods.
All credit/debit cardholders shall be subject to approval by and authorization from the card issuer. If the issuer of the customer's card denies the authorization for payment, the Seller will not accept the order from Customer and the Seller shall not be liable for any delayed deliveries or failure to deliver nor shall it be under the obligation to give any explanations as to the reasons for denial.
The Seller shall not be liable for any commissions that may have been charged by the card issuer or the Bank responsible for processing the payment by credit/debit card.
Financial information shall be forwarded through an encrypted protocol to Intesa Bank, which shall provide the relevant e-payment services, with no third parties having the possibility to gain access thereto. Moreover, such information shall never be used by the Seller other than to the extent required to complete the Customer's purchasing process and to grant any refunds in the event that products are returned, following exercise of the Customer's right of withdrawal, or whenever it proves necessary to prevent frauds on www.adddown.it, or to inform the police in such regard.
The purchase price of products and shipping costs, as indicated in the order form, shall be charged to the Customer's current account upon shipment of the products purchased.
Delivery of Products
Products sold through the website can only be purchased in and delivered to the countries listed therein. Any orders for shipments outside such countries shall be automatically rejected during the purchase order procedure. Products shall be shipped to the address specified at the time of filling out the order form.
For security reasons, the Seller will not ship any orders addressed to P.O. boxes, nor will it accept any orders where the natural persons that are the recipients of any such orders and their addresses are not specified.
The Seller shall make all endeavors to deliver the products ordered as soon as possible and it may decide to split an order into several deliveries depending on product availability. In such case, the Seller shall inform the Customer via e-mail or by telephone and any costs shall be charged separately, only for products actually shipped. In all events, shipping costs shall be paid in full as though it were a single shipment.
As soon as the parcel with the ordered items leaves the Seller's warehouse, the courier chosen by the Seller will send an e-mail to the address specified by the Customer in the purchase form.
Such e-mail will contain a tracking code and an exclusive link for any possible problem with the delivery. The Customer may contact customer service via e-mail at firstname.lastname@example.org.
In case of delivery problems or delays in delivery of more than 10 working days after the date of order confirmation, the Customer must report the incident to the Seller at the e-mail address email@example.com.
The Seller reserves the right not to respond to claims made more than 30 days after the date the order was made.
Right of Withdrawal
Upon delivery, products must be inspected by the Customer to make sure that he/she received the items as ordered.
Any anomalies found upon delivery (e.g. unlawful opening, damage to packaging, damaged products, missing items as compared to the delivery note) can be immediately indicated on the delivery note in the form of handwritten comments signed by the Customer (Reference to Article 5 of Legislative Decree No. 185 of 22 May 1999)
Customers shall have the right to withdraw from the agreement concluded with the Seller, with no penalties whatsoever and without having to state the reasons therefor, in no event later than fourteen (14) days of receipt of products purchased on www.adddown.it.
In order for Customers to withdraw from the agreement, they must write an email to firstname.lastname@example.org.
The right of withdrawal shall be understood to have been properly exercised if all of the following conditions have also been met:
Products must not be used, worn, washed or damaged;
The identification tag must be still affixed to the products together with the disposable seal;
Products must be returned in their original packing;
Returned products must be sent to the Seller in a single shipment. In fact, the Seller reserves the right not to accept articles of clothing forming part of the same order if they have been returned and shipped at different times.
The return shipment must be completed at the customer expens, and he can choice any shipping service. The shipping costs, including taxes and duties, shall be borne by the customer.
The Seller shall not be liable for any loss of returned products, shipments to wrong addresses or delays in delivery of returned products, it being understood that the Customer shall assume all risks associated with any such shipments.
The Seller shall not permit Customers to request a refund on the website for the cancellation of an order relating to goods purchased in add®-branded retail stores or outlets, as well as no refunds will be granted in stores in relation to products purchased on the website.
If the right of withdrawal is exercised by the Customer in compliance with the provisions of this paragraph, then the Seller shall be under the obligation to refund the Customer the sums of money paid, excluding shipping costs paid at the time of purchase. Such amounts shall be refunded to the Customer in the shortest possible time.
If the terms and methods for exercising the right of withdrawal are not complied with as specified herein, then the Customer shall not be entitled to receive any refund of amounts already paid to the Seller; however, the Customer may, at its own expense, receive back the products in the condition as returned to the Seller. Otherwise, the Seller shall be entitled to retain the products, in addition to the amounts already paid to purchase them.
These General Terms and Conditions are subject to Italian law and shall be construed based on the latter, including Legislative Decree No. 206 of 6 September 2005 (Consumer Code) in particular with reference to Title III (of Part III), Chapter I, Section II of the above Consumer Code, and to Legislative Decree No. 70 of 9 April 2003 (rules on e-commerce), without prejudice to any different mandatory rules and regulations prevailing in the country of habitual residence of the Customer.
Should any dispute arise, the court of the place where the Customer is domiciled or resident shall have jurisdiction based on any applicable law, or the Law Courts of Milan, at the discretion of the Customer should action be brought by the latter.