GENERAL SALE CONDITIONS
It’s important to read carefully the following Sale General Conditions in the Internet site before ordering the products through our internet site. The present Sale General Conditions regulate the bargaining relationship, referred to our Internet site, as well as the purchase of the products made by “Alice Grattapaglia” (as following ATELIER BONA) carried out through the sites e-commerce atelierbona.org.
To agree the present sale general conditions, please select the box “Accetto” in the section “conferma dell’ordine”, before forwarding an order. In case of non-acceptance of the present sale general conditions, it will be impossible to make any order through the ATELIERBONA Internet site.
The customer must read carefully the sale general conditions which are available in our internet site, in order to provide the knowledge, as well as the memorisation and the reproduction by the customer according to the art.12, comma 3, of the Decreto Legislativo 9 Aprile 2003, n 70 (Attuazione Della Direttiva 2000/31/CE, related to some legal aspects of the communication service on the internal market, particularly referred to the electronic commerce).
Using this site, the customer inconditionally accept all terms and conditions written below, which might be modified any time with no prior notification; the utilisation of the Site, after the above modifications will be considered as an unreserved agreement to the modified terms and conditions. Information, images, pictures, brands, products and generally all the elements of the Site are released only for a promotional and commercial purpose and can be downloaded or copied only for a personal use, but commercial.
ATELIER BONA is an Italian individual business
Legal headquarter in Corso Francia 185 in Torino (Italy)
P.iva 08974620018 C.F. GRTLCA77R48L219Z
If you wish to contact ATELIER BONA, please refer to the following email address:
The site is dedicated to the retail and as such it’s meant as exclusive usage of the customer. Those who are not customer are kindly invited non to proceed to any order.
In case one or more sales are made by someone not customer, the present sale general conditions will be charged, but, notwithstanding the following:
a) to the buyer won’t be granted the right o withdraw, by paragraph 8;
b) the buyer will not be able to benefit of the product guarantee , according to paragraph 7;
c) the buyer won’t see recognised another eventual cautions , here intended for the Costumers, which reflect or are compatible with imperative law provision;
2. PRODUCT FEATURES AND THEIR AVAILABILITY IN THE DIFFERENT GEOGRAPHICAL AREAS.
Our products are sold with the characteristics described on our site and according to the sale general conditions, available on our site when the customer proceed to order.
the information about our products are available in our site where the customer will find all the detailed information and main characteristics of the products.
Prices, products and theis characteristics can be changed with no advice. Before sending the order, the costumers are kindly requested to verify the final price of thei order.
Every customer from all over the world can get into the site, and the site itself can include products which are not available in the country of the actual visitors.
3. HOW TO BUY OUR PRODUCTS
The products presentation on the site, not mandatory for the seller, provides a mere invitation for the customer to make a proposal of purchase and not a public offer.
The order from the customer to the seller, through the site, has a contractal proposal value and it’s rules by the present sales general conditions, which are part of the order itself and which the customer, through the order, has to accept thoroughly with no reserve. Before buying any product, the customer is asked to read carefully the Sale General Conditions, to print a copy, through the key “print” and to save a copy for own personal usage. Besides, the customer will be asked to find and correct any mistake of own personal data.
the customer’s order is accepted by the seller, sending to the customer, to the email address given during the registration on the site, addressingto the link of the Sale General Conditions, the order history and the characteristics of the ordered products.
the customer’s order, its confirmation by the seller and the sale General Conditions applicable to both parts, will be electronically filed by the seller in his computer system.
Any contract is meant to be finished when the customer receives the order confirmation by the seller via email.
All the products shown in the Site can be bought through the selection of the customer’s interest products and their inclusion in the virtual shopping cart. Once the products selection is over, in order to proceed to the purchase, the customer will be invited to:
– sign in to the site, creat an account, giver the requested data; aka log into the site, if the customer has already registred, aka give own data to complete the order and allow the finalisation of the contract; in this lastest instance, the customer won’t have access to historical orders service and online tracking, so as to the facilitations written in paragraph 4.5. If the data given during the order are different from those given at the registration, the customer will be asked to confirm own data (i.e. name, surname etc…) and the address where to deliver the products, the billing address and a telephone number to contact in case of need.
The customer will display a summery of the order, and modify the contents in case of need: therefore the customer, following careful consultation, will have to approve specifically the Sale General Conditions, through the dedicated check-box in the site and finally the customer will be asked to confirm the order, which will be deliveredto the seller and will take effects, as described in par. 3.2 or the Sale General conditions. The customer will be asked to choose the delivery and payment modality, among those available.
As for the payment modality, the customer may choose among:
Due to accounting and amministrative reasons, the seller will have the right to verify the costumer’s identity.
The price of the products is indicated on the site, together with the customer’s order delivery. All the prices shown in the site include the standard packing cost, I.V.A. (if payable) and indirect taxes (if payable), wheras it does not include the delivery costs which are add before the order confirmation by the seller to the customer and the customer commits to pay in addition to the price shown in the site.
According to where the products have to be delivered, all the delivery costs will be displayed in the site, which the customer commits to pay in addition to the ordered product cost.
The customer will have to pay the whole cost to the seller, as reported in the order confirmation, following the order confirmation by the seller to the customer.
If the products have to be delivered in a non UE country, the total cost, shown in the order and reaffirmed in the order confirmation, including indirect taxex (if payable) is after-tax and any other sale-tax, which the customer forthwith commits to pay, if given, in addition to the price, shown in the order and confirmed in the order confirmation, according to the law of the country where the products will be delivered.
The customer is kindly invited to get informed by the competent department of his own country, in order to get information about taxes or duty of his own country.
Any other additional cost, tax or duty (requested by a certain country) will be exclusivly in charge of the customer, according to the sale general conditions.
The customer declares that the unknowledge of taxes and/or duty, referred to par, 4.4 and 4.6, during the sending of the order to the seller, cannot be reason of resolution of the taken contract and cannot, in any case, charge the above cost to the seller.
Being a handcrafted laboratory, all the products are custom- made, if not available in the shop. All the orders need a 2-6-week time to be delivered. Taking in consideration the unpredictability of the online sale, in case there is a delay in delivering, those will be reported via email.
However, the seller is not responsable ot the deliver time, because the deliveries take place with courier.
In case of the order non-performance by the seller, due to unavailability, even temporary, of the product, the seller will provide a written communication to the customer, who will have the right to practice the faculty of recess, as in par 8.
The product delivery, ordered bu the customer, will take place in the mode chosen by the customer, among those available and shown in the site at time of order. The customer commits to check with no delay, and however in no more than 3 (three) days by the receipt of the products, that the delivery is correct and includes only the bought products and to inform, within that limit, the seller of any failure of the received products or of any discrepancy compared to the sent order.
Applied the time limit, described in par 5.3, without that the customer has disputed towards the freight forwarder, the delivered products are intended as completely accepted by the customer.
The payment of the products bought on the site will have to be made together with the order or within the essential time limit of 10 (ten) from the date of the trasmission or the order confirmation by the seller to the customer.
The customer clearly accepts that the implementation of the agreement by the seller will start when the cost or the product/products bought will be accredit in the seller’s bank account.
The payment can be purchase:
by credit card;
by bank transfert;
according to the conditions below
If the payment is done via bank transfert, the customer will have to indicate the code “SWIFT” and “IBAN”, as reported in the order confirmation, together with the order number.
The seller will promtly comunicate to the customer, if intended by the law, via email, the invoice of the bought products, if the products are delivered in Itlay, or, attached, in paper, in any other case.
ATELIER BONA will give, according to the products, the legal guarantee to the conditions by the artt. 128 and followed D.Lgs n 206/2005. In particular, in case of failure, the customer will have the right to obtain the returning of the price and of the delivery costs.
The rights of the legal guarantee can be exercised if the products have been used correctly, with a certain due diligence and respecting the intended use according to what expressed in the indications enclosed, as well as the display by the customer of the invoice and the order number.
All the expenses for the refund of the product, due tho the guarantee, will be charged to ATELIER BONA.
The conformity guarantee will be implemented to the failure, not caused by the normal use of the product.
8. RIGHT OF CANCELLATION
ATELIER BONA would like to guarantee the customer complete fulfillment.
According to art. 52 of the customer code, the customer ha the right to cancel the contract, without clarifing the reason, sending back the products, within 14 (forteen) days from the date of receipt.
To have the right of cancellation, the customer will have to send to firstname.lastname@example.org an email with the request to benefit of the right of cancellation, according to art. 52 of the customer code;
the list of the products which the customer wants to benefit of the right of cancellation;
the progressive number of the invoice ATELIER BONA comunicated at the purchase confirmation. il numero progressivo d’ordine/fattura
In case of the right of cancellation, ATELIER BONA will refund the total price of the products, only if the customer sends them back within 14 (forteen) days from the right of cancellation, never worn, never used and not damaged, as well as together with the original invoice and the institutional packaging “ATELIER BONA”.
ATELIER BONA will accept turned and changing products which are paid-back with the label or a paid-back/changing sticker/stamp only if the paid-back instructions above are correctly followed and if the label or the sticker or the stamp are untouched and attacked to the product. 8.4
ATELIER BONA has the right to refuse the paid-back of those products which are not compliant to the above condition. In case of damged products, all the disposition at paragraph 11 (“lack of conformity”) will be applied.
The customer has to pay all the expenses of the paid-back products; any expenses will not be refunded.
ATELIER BONA commits to refund the customer without undue delay and within 14 (forteen) days from the date on which it received the paid-back communication, according to art. 54 Customer Code and will send an email notifying the carried out refund.
We do recommend to deliver the paid-back products via courrier, assuring the whole cost of the good, and caring of receiving a delivering number so as to allow the delivery tracking.
ATELIER BONA will not be responsable for refunding and/or compensation of the products sent by the customer which will not be received by ATELIER BONA due to loss, burglary or damaging not attributed to ATELIER BONA.
If the customer wants to modify or delete a delivered order, will have to send as soon as possible, and in any case before receiving the order confirmation email of delivery, an email to email@example.com
ATELIER BONA will make its best to satisfy the customer request. However, once the product has already been sent, the order cannot be changed or deleted. The delivered products can nevertheless be paid-back, according to the right of cancellation above outlined.
The customer is responsable of the value decreasing of the goods, due to a different handling from the needed one to establish the nature, the characteristics and the operatoing of the goods
So, if the paid-back goods are damaged (i.e. used, abrasied, indentationed, scatched, deformed ect.) not completed of all their elements and accessories ( including labels and not alterated cards attached to the product itself), not accompained by instructions/notes/handbook, by the original packing and by the guarantee certificate, if included, the customer will be responsable of the patrimonial decrease of the good and will be refunded of the residual value of the product.
So, therefore, the customer is kindly requested not to manipulate the goods more than what stricktly necessary to determine their nature, their characteristics and their operating and to pack the product original wrapper with another protective package which mantains their integrity and which protects it during the transport, even from labels.
The seller will take over the paid-back products, reserving to verify that the products have been returned according to the condistion described in paragraph 8.9
It’s not possible to send back or change the goods if custom-made or clearly personalized (i,e, good sold in metre or tailor-made etc).
– or if, by its nature, cannot be send back or if it risks to be deteriorated os rapidly alterated;
– if the goods are books, magazines, or maps
– if the goods are underwear (hygenical reasons)
– if its condition or qulity has been influenced by the customer (i.e. dirty or damaged articles etc)
Please, do not remove the labels from the articles (the manufacturer’s label and the Nuovi Orizzonti label) utill you will not definitely have decided to buy the article. In case or cancellation of the contract, we can only accept those articles who have their original status.
9. CUSTOM-MADE PRODUCTS
According to what intended by the art. 59, comma 1, letter C, of the Customer code, the right of withdraw, of cancellation or refund, which would otherwise not be available, is excluded iwith rodersi of personalized products, i.e. with the customers name initials on the product, with no prejudice for the paragraph 10, that is to say, in case pf realization of products by the customer specific requests both litteral and figurative.
With regard to said personalisation, the customer recognise that the graphic rappresentation, suggested by the Site, might be different from reality; images and pictures of the inscription, in fact, might not reflect the actual look of the final product.
10. LACK OF CONFORMITY
If a product, sold by ATELIER BONA, had to show a vice of production and for any lack of conformità related to the products sold by ATELIER BONA, the customer immediately has to contact the online assistance to the following address: firstname.lastname@example.org
Art 129, 130 and 132 of the Customer Code are charged fot the sale of all the products.
The customer has the right to restore, with no charges, of the good’s conformity through ripair or change, or if those solutions failed, to an appropriate reduction of the expenses or to the resolution of the contract. The customer loses all those rights if he does not comunicate to ATELIER BONA the lack of conformity within 2 (two) weeks from the date when the failure has been discovered.
When receiving the form and related documentation, the saler will examine the failure and the lack of conformity reported by the customer, through the assistance service and, following the quality inspections, to verify the actual lack of conformity of the product, will decide, at own discretion, if authorize the refund of the product, living the customer a response via e-mail to the address given during the registration on the Site.
The authorization for refunding the products will not provide, in any case, the approvalo of failures or lack of conformity, whose presence will have to be approved once the product has been returned.
The products, whom the saler has authorized the return, will have to send by the customer, together with a copy of the comunication of authorization of returning, withint 30 (thirty) days from the complaint of the failure or the lack of conformity, to the following address ATELIER BONA, Corso Francia 185 , 10127 Torino.
If the assesment of the return products has a positive result and the right of cancellation has legitimately deployed by the customer within the given terms and according to the arrangements, the saler will refund the customer the whole given cost for the purchase of the product, together with the delivery expenses, in the least possible time and, in any case, within 14 (forteen) days.
In any case, the delivery expenses and any duties or taxes for the shipment of the product from the customer to the saler will be in charge of the customer.
The above refund will be performed, when possible, with the same means of payment, used by the customer at the purchase or via bank transfer: the customer must comunicate at once to the saler, vie email email@example.com his bank detailes for the transfer to allow the saler to refund the given money.
If the paymet was done via credit card, the money will be directly refunded with the recharged of the money on the credit card the customer had used for the purchase.
If the payment was done via Paypal, the money will be refunded according to the given terms, recharging the money on the account used by the customer.
11. EXCHANGED OF PRODUCTS (SIZE CHANGE)
ATELIER BONA offers to its customers the possibility to change the products bought on the site: required for this purpose, the customer has to follow the below procedure
The customer who is not thoroughly satisfied or thinks there is a discrepancy with the order, will have to keep all the documentation regarding the delivery and the product itself in its original package and contact immediately ATELIER BONA via email to the following address firstname.lastname@example.org, following all the procedures given at paragraph 8
The product to be returned will have to be sent to ATELIER BONA in the original package, according to paragraph 8.3
Please, note that the return precedure includes: ATELIER BONA riserves to examine the return product and, once proven the discrepancies, will proceed to send another new product, reason to assume the trasaction is completely over.
To return the product, it is necessary to contact ATELIER BONA to the following address email@example.com.
All the expenses concering the delivery of the product are charged on the customer.
The refund product will be sent to the customer via courrier with no charges, only if the product has been returned for failure, according to paragraph 10
The refund of the product, as provided by paragraph 11.7 and to the given conditions, will be carried out only once.
12. INTELLECTUAL PROPERTY RIGHTS
ATELIER BONA guarantees the authenticity of all the products purchased on the site. The products by ATELIER BONA are made with the best materials and are strictly and entirely MADE IN ITALY
The customer declares to be informed that all the brands, names, such as any distinctive sign, denomination, image, picture, written text or graphic used on the site or related to the products are and remain of exclusive property of ATELIER BONA, the customer has no rights on them.
The content of the site cannot be reproduced, neither integrally nor partially, transferred by electronic or convential devices, modificated or used to any different purpose without the written agreement of ATELIER BONA.
13. CUSTOMER’S DATA AND PRIVACY PROTECTION
In order to proceed to the registration, to the order and then to the conclusion of the present contract, the customers’ details are requested on the site.
The customer keeps in consideration that his personal data will be registred and used by ATELIER BONA, according to the normative of the Italian law D.Lgs n. 196/2003 and s.m.i. Privacy Code, to implement any purchase on the site and, by prior agreement, for further activities as indicates in the information sheet about the privacy, given to the customer at time of registration.
The customer declares and guarantees that all the data given to the saler at time of registration and purchasing are correct and truthful.
The customer could, at any time, update and/or modify his own personal data, given to the saler at time of registration, in the dedicate section of “My account”, available prior registration.
Although the saler implements certain misures in order to protect the customer’s personal data against their possible loss, counterfeiting, handling and thirds’ inappropriate use, due to tecnical characteristcs and restrictions concerning to the protection of the electronic comunication via internet, the saler cannot guarantee that all the information or the data displayed by the customer on the site, even after the customer has already proceed to his autentification (login), will not be accessible or available by non-authorized third persons.
The saler, with regards to the data related to the payments with credit cards, makes use of the PayPal services, which establishes technological systems to guarantee a high standard of reliability, safety, protection and privacy during the transfer of the information via web.
15. FORCE MAJEURE
The saler will not be responsable in case of total or partial non-compliance of his own liability, provided for by any completed contract according to the present Sale General Conditions, if that non-compliance is caused by unpredictable and/or natural events beyond his reasonable control, including natural catastrophic events, terrorism, wars, popular rebellions, electric black-out, general strike of public and/or private workers and/or any traffic restriction for courriers and air link.
16. GOVERNING LAW AND COMPETENT COURT.
Any sale contract between the saler and the customer, according to the present Sale General Conditions will be regulated and interpreted according to the Italian law. The disposition Capo I del titolo III della Parte III del Codice di Consumo (D.lgs 206/2005) are implemented in particolar.
Any possible invalidity of single clauses of the contract of the Sale General Conditions will not involve the non-validity of the whole contract or the Sale General Conditions.
The person who is competent to define any controversial problem with customers, due or related to the Sale General Conditions or of the site usage, is the Judge of the residence or home of the customer, if in the Italian territory.
In any other hipothesis, even the circumstance in which the user is not the customer, according to relating legal provisions, the competence to define any dispute will be added to Court of Torino.
The parts will not be able to divest and in any case transfer to thirds any rights and the arising liabilities from the present Sale General Conditions, without the previous written agreement of the other part.
18. FURTHER DETAILS
Some products could look slightly bigger or smaller compared to the actual size, due to the failure of the screen or photographic technics. Some other products could be shown in bigger size compared to the actual in order to show details clearly, or smaller size to show the whole product.
ATELIER BONA recommends to print a copy of the present Sale General Conditions to your future information.
The contract and all the communications between you and ATELIER BONA will be both in Italian and English.
The delay or non prosecution of any faculty, right or solution according to the present Sale General Conditions by ATELIER BONA will not imply their cancellation, and the single or partial exercise or any of those faculty, right or solution prevents a future or different exercise of themselves.