Gruppo Zanellato S.r.l. (hereinafter referred to as “Zanellato”) is a company active in the creation, manufacture, distribution and sales of ZANELLATO branded bags and accessories (hereinafter referred to as “Products”), realised on the basis of models, know-how and techniques developed by Zanellato, and intends to promote its own Products online through its own e-commerce site, www.zanellato.com (hereinafter referred to as the “Site”), as governed by these General Conditions of Sale. The sales service provided through the Site is reserved exclusively for consumers (hereinafter referred to as “Customers”), specifically individuals aged eighteen (18) years or older who are acting for purposes which are not of an entrepreneurial, commercial, artisanal or other professional nature. The resale, leasing or transfer of Products purchased from the Site is expressly prohibited.
In parallel with its boutiques and its selective distribution network and in order to adequately respond to the expectations of its Customers, Zanellato has set up a remote sales network of its Products through the Site.
All Product sales which are made through the Site are subject to these General Conditions of Sale which the customer accepts. These conditions may be modified or updated by Zanellato at any time, therefore the Customer will be required to accept only those which are applicable at the time of purchase on the Site.
The Site is intended for the exclusive use of Customers and is therefore reserved for retail sales.
The Customer acknowledges, that by making a purchase through the Site, they are fully aware and understand the contents of these General Conditions of Sale, of which this introduction forms an integral and substantial part.
2. IDENTIFICATION OF THE VENDOR
2.1. The vendor is Gruppo Zanellato S.r.l., a sole shareholder company, with registered offices in Viale dell’Industria 55, Vicenza, Italy, Tax Code/VAT no. 02721200240, EAI VI-269620, social capital equal to Euro 50,000 (fifty thousand//00) fully paid up, email email@example.com.
3. PRODUCT INFORMATION
3.1. All information about the Products (description, composition, dimensions, photographic images, etc.), together with their price, are available to Customers on the Site.
3.2. Zanellato undertakes to use all measures necessary to ensure that the photographs exhibited on the Site are faithful reproductions of the original Products, however due to variations resulting from the technical characteristics and resolution of the device used by the Customer, the Customer is requested to make exclusive reference to the Product descriptions and features provided on the Site. In the event that the Customer is misled by the above mentioned indications, they may exercise their Right of Withdrawal from the sale as described in the section, “Right of Return and Withdrawal”.
3.3. Zanellato reserves the right to limit the quantity of Products available for purchase from the Site at any time (quantity and type).
3.4. The Customer may purchase a maximum of three (3) Products of the same type, per Order.
3.5. In general, Zanellato is not in any way responsible for:
3.5.1. Interruptions or delays due to Site maintenance, acts attributable to third parties, force majeure or other factors outside of its control.
3.5.2. The inability of the Customer to access the Site due to IT-related problems, interruptions to Internet access or any other cause which is outside of its control.
3.6. Before completing the order and fulfilling the agreement, the Customer is asked to carefully check the contents of their shopping basket and to accurately complete the information required for the purchase by confirming that they have read and accepted these General Conditions of Sale.
4. PRODUCT PRICES
4.1. The price of the Products for sale on the Site is given in Euros and is inclusive of all applicable taxes and charges, and includes the costs for normal delivery, excluding Switzerland for whom the customs duties will be indicated as a separate entry in the shopping basket.
4.2. Before the Customer can proceed to the payment stage, the price will be clearly stated.
4.3. Zanellato is committed to ensuring maximum care and accuracy of the information published on the Site, in particular the prices, but cannot guarantee the possibility of errors. For this reason, whenever an agreement is not fulfilled with the correct price, Zanellato:
4.3.1. Rescinds the order and offers the Customer the opportunity to purchase the Product at the correct price;
4.3.2. Allows the Customer to cancel the order.
5. FULFILMENT OF THE CONTRACT
5.1. Before completing an order on the Site, the Customer is required to:
5.1.1. Carefully read the instructions and information provided during the purchasing process, including the conditions for exercising the Right of Withdrawal, cost of delivery, the privacy statement, the General Conditions of Sale, etc.).
5.1.2. Ensure that what has been included in the “Shopping Basket” section corresponds with the Products to be purchased. If there is a discrepancy, remove/add or modify the quantity of items to be purchased. The individual prices and the total cost of the items in the Shopping Basket will be automatically updated.
5.2. In order to complete the order, the Customer must:
5.2.1. Enter their email and password to access their account, if they are already registered on the Site.
5.2.2. If the Customer does not have a registered account on the Site, they must create one in a dedicated section on the Site; more specifically they will be required to provide their personal details including their email address, home address and billing address, as well as delivery address (if different from the addresses given) and a telephone number to be contacted to inform them of the Product delivery date.
5.3. The Customer must also confirm:
5.3.1. The email address to receive the order confirmation;
5.3.2. Method of shipping;
5.3.3. Method of payment;
5.3.4. They have read and accept General Conditions of Sale.
5.4. By submitting an order, the Customer undertakes to accept unconditionally and respect these General Conditions of Sale and the corresponding price of the ordered Products.
5.5. Where the order is incomplete, contains inaccurate information, the Products purchased are no longer available or there is suspicion of fraudulent or illegal activity, including the possibility that the purchase was made for commercial purposes, Zanellato reserves the right to accept the Customer order, within 30 days. In this case, Zanellato will inform the Customer that the agreement has not been fulfilled, providing the reasons in a communication and will refund the amount paid by the Customer for the order which has been contested.
5.6. If one or more Products purchased by the Customer are not available, Zanellato will inform the Customer by email, who will then decide to cancel the order or accept a partial delivery of the available Products. The Customer has the right to cancel the Order should their expectations not be met. Also in this case, any amounts already paid by Customer will be refunded.
5.7. The Agreement is finalised and enters into force at the time the Customer receives the Order Confirmation at the e-mail address provided when the order was made. The Confirmation will contain all information related to the order: the order number given by Zanellato, the date of purchase, the product ordered, the price, delivery costs, the amount paid, the chosen method of payment, the methods for exercising the Right of Withdrawal, all the information provided by Customer when the order was made, customer service information and a copy of these General Conditions of Sale.
5.8. The Customer can always review their order by consulting the account section on the Site, which can be accessed by entering their credentials in the section “My orders”.
6. METHOD OF PAYMENT
6.1. The Customer can pay the amount due by selecting one of the payment methods provided in the agreement completion stage, by filling out the online payment form.
6.2. Payment may also be made by bank transfer using the following IBAN: IT41S0200860350000101061998. All costs and expenses (including any bank commissions) will be charged to the Customer and remain the sole responsibility of the Customer. The bank transfer will be made to the IBAN provided within five (5) business days from the date of submitting the order. If not, the sales agreement will be deemed void.
6.3. If PayPal is selected as the method of payment, the Customer will be redirected to www.paypal.com, where they will make payment based on the terms and conditions of the agreement accepted at the time they signed up with PayPal.
6.4. Payment can also be made by credit card: in this instance, the Customer will be redirected to www.paypal.com where they will be required to enter the credit card information necessary to proceed with the payment.
6.5. Charges to the Customer will be made at the time of submitting the Order, only after the credit card details have been verified and authorisation has been received from the company which issued the credit card used by the Customer.
6.6. If the chosen method of payment is PayPal or credit card, the information entered by the Customer will be treated solely by PayPal and will not be transmitted or shared with Zanellato who will have no means of knowing this information or any other Customer means of payment connected to their PayPal account.
6.7. In this instance, the amount payable by the Customer will be fully charged by PayPal, according to the chosen method of payment, at the time the payment is finalised with the credit card company.
6.8. If, for some reason, it is not possible to charge the amount due, the sales agreement will be automatically cancelled.
7.1. The Products will be delivered, after the payment has been registered, to the address provided by the Customer in the “Delivery address” entered at the time they placed the Order.
7.2. The Customer can choose to have the Product delivered to another physical person they nominate. It is not possible to deliver to an address which is a Post Office Box.
7.3. The Customer can check the delivery status at any time using the tracking number and a dedicated connection to the courier website, selected by Zanellato. All of this information will be provided in an email from the courier.
7.4. A sales receipt or, upon request, sales invoice will be issued for each Order and sent by email and/or post together with the Order. The information provided by the Customer in the “billing address” entry, at the time of purchase, will be used. The invoice cannot be modified following its issue or requested after the Customer has already received the order.
7.5. The purchased Products will be delivered to the Customer by the courier selected by Zanellato on a weekday. It is therefore not possible to request delivery on a Saturday, Sunday or holiday. Delivery can be made within 30 (thirty) working days from the date the order Confirmation is received by the Customer (except in the event of force majeure). If delivery does not occur within this time limit, the Customer will have the right to terminate the Agreement and Zanellato must immediately refund the entire amount received under this Agreement.
7.6. The delivery terms are purely indicative and not binding.
7.7. At the time of delivery, the Customer, or their delegate, is required to check that the packaging is complete, dry, undamaged and unaltered in any form.
7.8. Any damage or problem related to the delivery will be contested immediately in writing on the courier delivery notice. If the package has been altered or damaged, the Customer is requested to “accept with reservations”.
8. CONFORMITY OF THE ORDERED PRODUCTS
8.1. Upon receipt, the Customer must ensure that the items received correspond to what was ordered, and show no signs of defect or do not correspond with the order. If the delivered items do not correspond to the Products ordered, the Customer is required to inform Zanellato as soon as possible by sending an email to firstname.lastname@example.org, describing the problem encountered.
8.2. In addition to the product warranties supplied by Zanellato, the legal guarantees provided by articles 129, 130 and 132 of the Consumer Code also apply to the sale of Products. The Customer therefore has the right to request and obtain the refurbishment of the goods through their repair, or replacement if the former is impossible or too burdensome with respect to the latter. Should neither of these solutions prove possible, the Customer can request a fair reduction to the price of the Products or termination of the contract.
8.3. With regard to the return of an article which does not correspond to the order, please refer to the provisions in art. 9 Right of Withdrawal – Returns and Refunds, in this Conditions of Sale.
8.4. Should the product, after being inspected by Zanellato master craftsmen, be effectively deemed as not corresponding to that promoted for sale by the Digital Boutique, no cost will be charged for return of the product and, if it is possible to repair or replace the product, the shipping costs will be borne by Zanellato.
8.5. If the repair or replacement of the Products is not possible and the Customer is only left with the possibility of terminating the Agreement, they will be refunded all the expenses incurred, including those for shipping, at the time of purchase and for returning the goods.
8.6. In any event, the Customer right expires if they do not report the lack of conformity to Zanellato within two (2) months of its discovery. It is understood that any actions whose purpose is to claim a lack of conformity, where not deliberately concealed from Zanellato, must be undertaken within two years of delivery of the product.
8.7. The warranty to correct a lack of conformity of the purchased Products may be exercised, as described in this article, solely and exclusively if the Products have been purchased from Digital Boutique and if in possession of the proof of purchase.
9. RIGHT OF WITHDRAWAL – RETURNS AND REFUNDS
9.1. The Customer may exercise their Right of Withdrawal, without motive, within fourteen (14) days from the date they or the person they have nominated as their third party receive the Products.
9.2. The wish to return the Products must be demonstrated by sending an email to email@example.com. The notification must contain the following information:
9.2.1. Order number;
9.2.2. Customer contact information;
9.2.3. List of the Products for which the Customer wishes to exercise their Right of Withdrawal;
9.2.4. The banking details or the PayPal profile and all the data required for the refund, if the method of payment selected at the time of purchase was by bank transfer or C.O.D.
9.3. It is the duty of Customer Care to remind the Customer about the following Return methods:
9.3.1. Within fourteen (14) days of the communication sent to Zanellato, where they have expressed their intention to withdraw from the Agreement, the Customer must ensure the purchased Products are returned to Zanellato at this address:
Gruppo Zanellato S.r.l.
Viale dell’Industria 55
36100 Vicenza – Italia
9.3.2. The returned Products must NOT have been used or damaged;
9.3.3. If the Products are being returned due to a lack of conformity, they must be returned in the same condition they were received by the Customer, who has not made any attempt at repairing them;
9.3.4. The Products must be properly repackaged in their original packaging, and returned in a perfect condition, complete with boxes and all the included accessories and documentation (by way of a non-exhaustive example: the shoulder strap, the protective cloth, card, warranty, etc.), to allow Zanellato to resell them;
9.3.5. The Customer must include the purchase receipt, signed on the back, in the return package;
9.3.6. The Customer will arrange for shipment by the courier assigned by Zanellato or another of their choice, provided that this is a method with a guaranteed date and proof of delivery. In the first case, the Customer must agree a delivery date and window (minimum four hours) with Customer Care for pickup and Zanellato will be responsible for the shipment.
9.3.7. In any event, the costs for returning the Products will be borne entirely by the Customer, except in the case where Product conformity is not acknowledged; in this case, please refer to art. 8.4 of these General Conditions of Sale.
9.4. Zanellato will inspect each of the returned Products, reserving the right to not accept the return of the Products, without providing a refund, if they are incomplete or have been received beyond the peremptory time limits imposed by art. 9.3.1 in these General Conditions of Sale.
9.5. Zanellato also reserves the right not to accept, and therefore not refund, the return of Products which, from the analyses of our master craftsmen, are shown to have been used or damaged, altered or soiled in any way.
9.6. Zanellato is not liable in the event of loss, theft or delay in the delivery of the returned Products, as well as in the event of their return to an address which is different to that indicated in art. 9.3.1 of these General Conditions of Sale, if the Customer decides to select their own courier. In any event, it is the responsibility of the Customer to arrange for the return of the Products.
9.7. In the event of withdrawal, Zanellato will refund the entire paid amount to the Customer, including the costs of shipping, within 14 (fourteen) days from the date the Products are received, in accordance with the method of payment chosen at the time of purchase.
9.8. If PayPal or credit card was the selected method of payment, the amount of the refund will be credited to the Customer directly by PayPal. Zanellato, once the credit has been arranged, cannot be held responsible for the time required for the credit to be assigned. This is the sole responsibility of PayPal or the banking system connected to the credit card which was used. For the reasons expressed above, should the Customer wish to contest a delay or failure in a credit refund, they must refer directly to PayPal.
10. PERSONALISED PRODUCTS
10.1. If a Customer has purchased a Product from the Digital Boutique, together with a custom service, they may return the Product for any reason, but may not claim any form of refund for the cost of the custom service.
11. REPLACEMENT OF PRODUCTS
11.1. The Customer has the right to replace the Products they have purchased. To exercise this right, the Customer must send an email to firstname.lastname@example.org providing the:
11.1.1. Order number;
11.1.2. Customer contact information;
11.1.3. A description of the Products they wish to return and those they would like as a replacement;
11.1.4. The banking details or the PayPal profile and all the data required for the refund, if the method of payment selected at the time of purchase was by bank transfer or C.O.D., if the replacement results in a credit in favour of the Customer.
11.1.5. If the replacement requires further payment by the Customer to cover a discrepancy in price, they must arrange to pay Zanellato the difference, via the same method of payment that was used in the original order. Zanellato will arrange shipping of the new article only after it has received the amount owed.
11.2. For methods regarding the return of Products, please refer to art. 9 of these General Conditions of Sale, the sole difference being the costs for shipping are the responsibility of the Customer.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Gruppo Zanellato S.r.l., with registered offices in Viale dell’Industria 55, 36100 Vicenza, Italy, is the sole and exclusive proprietor of intellectual property rights of the marks, whether figurative or not, and more generally all marks, logos, illustrations, images found on Products and all related accessories and packaging. Zanellato is, also, the sole proprietor of all intellectual property rights relative to its Products (this included the rights for the designs and utility models), whether they have been registered or not (these rights together with the Brands constitute the “Intellectual Property Rights”). It is understood that the definition of “Intellectual Property Rights” automatically extends to all intellectual property rights related to Products, for which Zanellato becomes proprietor subsequent to the date of these General Conditions of Sale.
12.2. The reproduction, modification or use of the Intellectual Property Rights, in whole or in part, is expressly prohibited, without the prior written permission of Zanellato. The same also applies to any combination of these and other marks, logos or symbols.
12.3. Zanellato guarantees the authenticity of the Products promoted for sale in its own Digital Boutique.
13. FORCE MAJEURE
13.1. The services offered by Zanellato may be suspended in the event of the sudden occurrence of accidental circumstances or force majeure which prevents or delays their execution.
13.2. Zanellato will inform the Customer within seven (7) of such an occurrence.
13.3. If the occurrence of these events lasts longer than fifteen (15) days, the Customer has the right to withdraw from the Agreement in accordance with the provisions of art. 9 of these General Conditions of Sale.
14. APPLICABLE LAWS
14.1. These General Conditions of Sale are governed by Italian law. Any dispute resulting from the application or interpretation of these General Conditions of Sale will be assigned to the exclusive authority of the jurisdiction of the Court of Milan.