Terms and Conditions
TERMS AND CONDITIONS
Article 1 - Introduction
1.1 Alberto Aspesi & Co. S.p.A., with registered office in Corso Venezia, 14 20121 Milano (MI), tax code, VAT registration number and Milan company register no. 02683610139, in the person of its pro tempore legal representative ("Company"), manufactures, distributes and markets Aspesi-branded clothing, footwear and accessories ("Products"), in stores and online, through the "www.aspesi.it" Website ("Website").
1.2 These general conditions ("Terms and Conditions") govern the relationship between the Company and any user of the Website ("User") who browses the Website and who is interested in purchasing Products through the Website (regardless of whether any Products are purchased).
1.3 Users may purchase on the Website exclusively as consumers, as defined in Article 3, point a) of Legislative Decree no. 206/2005 ("Consumer Code"), i.e. for purposes unrelated to any business, commercial, crafting or professional activity.
1.4 To proceed with the purchase of the Company's Products, at the conclusion of the Purchase Procedure (as defined in article 3.3 below), each User must read and sign these Terms and Conditions in electronic format, and also consent to the processing of its personal data (identification, contact and purchase data) as set out in the Privacy Policy pursuant to articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR"), drawn up by the Company as an independent Data controller, pursuant to article 24 of the GDPR ("Privacy Policy"), through the so-called "point and click” mechanism (i.e. ticking non-preset boxes and/or clicking on a specific button, e.g. "Confirm Purchase").
1.5 The User is invited to download and save these Terms and Conditions and the Privacy Policy on a durable medium at the time of their subscription.
1.6 The Terms and Conditions may be amended by the Company at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Website and apply only to Purchase Orders (as defined below) registered and sent by the User after such publication. Users are therefore invited to consult, before making any purchase, the most updated version of the Terms and Conditions published on the Website.
1.7 By executing these Terms and Conditions, the User declares to be at least 18 years old, to have the capacity for action and to act as a Consumer.
1.8 No prior registration on the Website is required for the purchase of Products. The User can choose whether to browse the Website and purchase the Products:
1.8.1 as a "guest", without prior completion of the Registration described in Article 2 below; or
1.8.2 following the completion of the Registration and the creation of an account in accordance with Article 2 below ("Registered User").
1.9 The Company reminds Users that it is strictly forbidden, during Registration or during the Purchase Procedure (as defined below) and, in any case, in any other phase of the relationship with the Company, to communicate personal data of third parties, false, fictional or, in any case, intentionally incorrect data. The User undertakes to communicate only true and updated data and to indemnify and hold harmless the Company from any claim for damages made by third parties, or sanctions in any way related to the User's violation of this prohibition, without prejudice to any action by the Company to protect its rights.
1.10 Users can independently select the language and the currency in which the contents and the Prices (as defined below) of the Website are displayed, choosing among the languages and currencies available on the Website.
Article 2 - Registration on the Website of Registered Users
2.1 In order to browse the Website as a Registered User, a User must create and have a personal account. The registration procedure on the Website consists of the following steps: (i) insertion of personal and contact information (name, surname, address, telephone number, e-mail address); (ii) selection and insertion of a secure password; (iii) verification and acceptance of the Privacy Policy; (iv) possible subscription to the commercial communications service related to the Products and the Company's activity and/or to the service of personalization of commercial communications (profiling); (v) confirmation of the entered data and of the willingness to register on the Website through the so-called "point and click” mechanism (i.e. ticking non-preset boxes and/or clicking on a specific button - e.g. "Register") ("Registration").
2.2 Registration allows the Registered Users to benefit from Website features and post-purchase services reserved only for Users who successfully complete the Registration ("Additional Services"), such as, for example, the option of creating a wish list of Products, storing their access data, access to the Purchase Order history (orders as defined below), etc.
2.3 The Registered User acknowledges the strictly confidential nature of his/her account and his/her access credentials (username and password), and therefore undertakes to keep them confidential, not to make them available to third parties, including by occasionally changing passwords and using secure passwords (e.g. alphanumeric code with 8 digits and at least one special character and upper/lower case letter), and not to leave his/her device unattended while the account is active, releasing the Company from any liability for any facts or acts carried out fraudulently by the Registered User and/or third parties who have had access to the account due to malicious or negligent conduct by the Registered User him/herself.
Article 3 - Purchase of Products
3.1 The offer and sale on the Website of the Products constitute a distance contract between the Company and the User governed by Legislative Decree no. 70/2003, which governs electronic commerce, and by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code.
3.2 Within the Website, each Product is accompanied by an indication of the relevant Price (as defined in article 5.1 below) and the relevant product data sheet, which describes the main characteristics of the Product (e.g. composition, sizes, fit, washing instructions). In all cases, the User acknowledges and accepts that the Product delivered may differ from the image of the same Product shown on the Website during the purchase phase (in particular with reference to colors), due to reasons attributable to the Internet browser or dependent on the monitor used by the User.
3.3 The procedure for the purchase of a Product consists of all the following steps ("Purchase Procedure"):
3.3.1 selection of the Product on the Website by the User and creation of a shopping cart;
3.3.2 option for the Registered User to continue the Purchase Procedure by entering his/her credentials and accessing the Website as a Registered User, taking advantage of the relevant Additional Services;
3.3.3 completing an order form in electronic format, according to the procedures published on the Website at the time, providing the requested data, including (but not limited to) the consignee's personal data, e-mail address, telephone number and shipping address ("Purchase Order");
3.3.4 selection of the Product shipping method, including (by way of example but not limited to), the possibility of collecting the Product from the "Aspesi" store in Milan ("Store”, located in via San Pietro all'Orto, 24, 20121), where such option maybe selected during the Purchase Procedure, and acceptance of the estimated costs;
3.3.5 selection of payment methods, as better described in Article 5.3 below;
3.3.6 summary of the Purchase Order, including inter alia the final amount to be paid by the User to the Company (consisting of the Price and Delivery Charges and any additional Duties and Expenses as described below);
3.3.7 verification and acceptance of these Terms and Conditions and the Privacy Policy (as described in article 1.4 above);
3.3.8 transmission of the Purchase Order to the Company, according to the instructions on the Website at the time (e.g. by clicking on the "Confirm Purchase" button).
3.4 Until the Purchase Order referred to in article 3.3.8 above is placed, the User has the right to modify or cancel the Purchase Order.
3.5 Once the Purchase Order has been registered and confirmation of the validity of the payment made by the User has been received, the Company undertakes to notify the User of the confirmation of the Purchase Order, which will include: (i) the order number assigned to the Purchase Order; (ii) a summary of the Purchased Products; (iii) the delivery address and billing address (if not the same); (iv) the Price and Delivery Charges (as defined below) and any additional charges, and the method of payment used; (v) any special conditions applicable to the purchase (by way of example, any entered discount voucher); (vi) the conditions for the return of Products; (vii) a reference to the Terms and Conditions and the Privacy Policy accepted by the User ("Purchase Order Confirmation").
3.6 The Company shall notify the User of the Purchase Order Confirmation pursuant to article 3.5 above usually within 24 hours after the conclusion of the Purchase Procedure, by e-mail sent to the address indicated by the User in the Purchase Procedure. Once this deadline has expired, if the Purchase Order Confirmation has not been received, the User is invited to contact the Customer Service referred to in article 12 below.
3.7 The User acknowledges that the Company is free not to accept the Purchase Order and not to send the Purchase Order Confirmation in case of (including, but not limited to): (i) ascertainment of the violation of Article 1.7 above; (ii) negative outcome of the User's payment and/or any solvency checks relating to the User; (iii) unavailability of the Product as provided for in Article 4 below; and (iv) previous abusive or fraudulent conduct by the User towards the Company. In such cases, the Company will promptly refund all amounts already paid by the User (i.e. Price, Delivery Charges and any Duties), in accordance with the procedures set out in Article 5.6 below.
3.8 Without prejudice to the right of withdrawal referred to in article 7 below, where applicable, the User is required to verify the conformity of the Purchase Order Confirmation with what is indicated in his/her Purchase Order, and to notify the Company of any discrepancies between them within 24 hours from the receipt of the Purchase Order Confirmation. In the event of failure to give notice within such period, the Company will proceed with the Delivery (as defined below) of the Products as per Purchase Order Confirmation.
3.9 The Product purchase contract between the User and the Company shall be deemed to have been concluded when the User receives the Purchase Order Confirmation, in accordance with Article 3.6 above ("Purchase Contract").
Article 4 - Availability of Products
4.1 The availability of the Products offered on the Website is continuously monitored and updated by the Company. However, it is possible that the Product may become unavailable for reasons beyond the Company's reasonable control, such as, for example, the simultaneous purchase of the same Product by several Users. In such cases, the Product may be temporarily (or permanently) unavailable, even after the Purchase Order Confirmation.
4.2 In case of unavailability pursuant to article 4.1 above, the Company undertakes to promptly notify the User and will proceed to cancel the Purchase Order and the relative Purchase Order Confirmation (if any), and will simultaneously refund all amounts already paid by the User (i.e. Price and Delivery Charges, as defined below, as well as any additional charges), in accordance with the procedures set out in Article 5.6 below. The User may subsequently check on the Website if the Product is available again and the new delivery times.
Article 5 - Prices, methods of payment and refunds
5.1 All prices of the Products published on the Website ("Price") are expressed in the currency chosen by the User and, where applicable, are inclusive of VAT.
5.2 The Company reserves the right to change the Price of each Product at any time, without prior notice, it being understood that the Price charged to the User will be the one indicated on the Website at the time of the conclusion of the Purchase Order. Such Prce will therfore not take into account any changes (increase or decrease) following the transmission of the order pursuant to Article 3.3.8 above.
5.3 During the Purchase Procedure, the User proceeds with the payment of the Price of the Product, any related Delivery Charges (as defined below) and any related Duties (as defined below) by selecting one of the following payment methods: (a) credit card; (b) "PayPal"; (c) "Klarna" (this particular method is only available to Users located in Austria, Germany, the Netherlands, Finland and Denmark). The Website indicates whether or not the payment method chosen by the User is free of charge, quantifying any applicable charges to be paid by the User depending on the chosen payment method.
5.4 In case of online payment by credit card, the transaction takes place securely, using the SSL-Secure Socket Layer protocol. Credit card details (card number, start date, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the Company's servers. The Company, therefore, never has access to and does not store the data of the credit card used by the User for the payment of the Product. If the User intends to use this method of payment, the User acknowledges and accepts that the Company may carry out the necessary checks on the validity of the payment (e.g. prior checking of the time validity and/or availability of credit on the card used), in order to be able to send the Purchase Order Confirmation.
5.5 In case of payment through the PayPal or Klarna online payment systems, the User is automatically redirected to the PayPal or Klarna website, respectively, where he or she will pay for the Product by following the procedure indicated on those websites, according to the terms and conditions agreed between the User and PayPal or Klarna, respectively. The data entered on the websites of such payment service providers will be processed directly by PayPal or Klarna themselves, and they will not be transmitted or shared with the Company. The Company will therefore neither collect nor store in any way the data provided by the User directly to PayPal or Klarna on their respective websites.
5.6 In all cases in which the Price is refunded as provided for in these Terms and Conditions, the User acknowledges that the amount and timing of the credit are indicated in the specific provisions of these Terms and Conditions governing refunds. It is understood that any expenses provided for in Article 5.3 above and any customs duties and expenses provided for in Article 6.2 below will not be reimbursed under any circumstances. The refund will be made through the same payment instrument chosen in the Purchase Procedure. The User will be able to verify the refund once the necessary time required for processing such refund has passed; this time depends on the management system of the payment method chosen by the User. In the event that the User who sent the Purchase Order is different from the credit card holder referred to in article 5.3 (a) above, the Company will refund the latter.
Article 6 - Delivery of Products
6.1 The Company undertakes to deliver the Products purchased by the User ("Delivery") to the delivery address indicated by the User during the Purchase Procedure and confirmed in the Purchase Order Confirmation, as communicated by the User to the Courier (as defined below) pursuant to article 6.4 below, provided that the country where the delivery address is located is included in the list of countries where the Company delivers the Products (available in the "top bar" section of the Website). The Products are delivered by the Company in accordance with the shipping methods selected by the User, from Monday to Friday during normal business hours, excluding national holidays, within the deadline indicated by the Company in the Purchase Order Confirmation, which shall not be superior than 30 (thirty) days from when the Purchase Order Confirmation is sent.
6.2 Delivery charges, which may vary depending on the shipping method chosen by the User (where available) and the place of Delivery, are to be paid wholly by the User. The amount of such delivery Delivery charges, expressed in the currency selected by the User and including VAT where applicable, are shown during the Purchase Procedure and subsequently confirmed to the User in the Purchase Order summary (before the Purchase Order is placed) and in the Purchase Order Confirmation ("Delivery Charges"). Any potential taxes and customs duties applied to the Products by virtue of the regulations of the country where the Delivery of the Products is required ("Duties") are not included in the Delivery Charges. These Duties will always be paid exclusively by the User, providet that: (a) if the Delivery to a specific country outside the EU is performed in delivery duty paid mode, the cost of such Duties will be included in the Price of the Product that the User intends to purchase, and the User will therefore not incur any additional cost beyond the Price and Delivery Charges; (b) if Delivery to a specific country outside the EU is not performed in delivery duty paid mode, the cost of such Duties will be shown separately to the User during the Purchase Procedure, and the User must therefore pay such cost in addition to the Price and Delivery Charges.
6.3 In the event that the purchased Product is not delivered within the delivery time indicated in the Purchase Order Confirmation, the Company undertakes to contact the User in order to agree on an additional delivery time appropriate to the circumstances. In the event of disagreement, or if this additional period should expire without the Product having been delivered to the User, the User is entitled to terminate the Purchase Contract pursuant to Article 1456 of the Italian Civil Code, by notifying its intention of exercising this right and a request for a refund of the Price, Delivery Charges and any Duties, within 15 (fifteen) days, in accordance with the procedures set out in Article 5.6 above, to the Customer Service in writing (via e-mail).
6.4 The User undertakes to be present or to instruct a person who shall be present to collect the Product, on the Delivery date specified in the Purchase Order Confirmation or agreed pursuant to article 6.3 above. In order to facilitate the collection of the Product by the User, the shipping service operator DHL Express Italy S.r.l., appointed by the Company to deliver the Products ("Courier"), will send the User an e-mail/text to the address/phone number provided by the User during the Purchase Procedure. The e-mail/text will contain a specific link through which the User may: (i) confirm/change the Delivery address provided during the Purchase Procedure; (ii) subject to the terms set out in clause 6.1 above, select a specific date for the receipt of the Product at the notified Delivery address or choose to collect the Product from the DHL service point nearest to the Delivery address selected by the User during the Purchase Procedure.
6.5 Without prejudice to Article 6.4 above, in the event of failure to deliver due to the absence of the User (or of a person appointed by the User) at the address and delivery date communicated by the User to the Courier, the Courier will deposit the Product at the DHL service point nearest to the delivery address selected by the User at no extra cost, and will notify the User of the Product’s location. If the User does not collect the Product held in the DHL service point and, in any case, after 30 (thirty) business days from the first Delivery attempt, the Company shall have the right to terminate the Purchase Agreement pursuant to Article 1456 of the Italian Civil Code, for default and negligence of the User. The Company shall then, within 15 (fifteen) business days after sending notice of termination of the Purchase Agreement, refund the Price to the User, being expressly excluded the Delivery Charges relating to unsuccessful Delivery, the costs of returning the Product to the Company and any other expenses incurred by the Company as a result of the attempted Delivery. The termination of the Purchase Agreement and the amount of the refund will be communicated to the User by e-mail to the contact details communicated by the User during the Purchase Procedure and/or indicated in the Registration, stating the intention to exercise this right. Refunds will be made according to Article 5.6 above.
6.6 Upon Delivery, the User, or the person appointed by the same, undertakes to carry out all necessary checks to detect any discrepancies in the quantity of Products delivered or imperfections or defects in the packaging or non-conformity of the Products received compared to what is listed in the relevant Purchase Order Confirmation.
6.7 If any defect and/or discrepancy is detected upon Delivery in accordance with article 6.6 above, the User undertakes to: (a) report such defects and/or discrepancies to the Company and raise any claim and/or demand connected therewith in the relevant delivery receipt; (b) have the Delivery agent to countersign such receipt; and (c) keep a copy of the countersigned receipt. Following this complaint, the provisions laid down in Article 8 below shall apply.
Article 7 - Right of withdrawal - Returns and refunds
7.1 Pursuant to and for the purposes of Article 52 et seq. of the Consumer Code, the User has the right to withdraw, in whole or in part, from the Purchase Agreement within 14 (fourteen) days from the time that the User will receive the Delivery of the Product ("delivery" is intended as the User being in physical possession of the Product). To this end, the User must notify the Company of his/her intention to withdraw from the Purchase Agreement, in whole or in part, within the aforementioned term of 14 (fourteen) days, following the return procedure available through the "Returns and refunds" section of the Website, or by contacting Customer Service (as defined below) according to Article 12 below.
7.2 In the event of exercising the right of withdrawal pursuant to article 7.1 above, within 14 (fourteen) days from the date of communication of his/her withdrawal pursuant to article 7.1 above, the User undertakes to return the Product to the Company, accompanied by the documentation requested by the Company at the end of the withdrawal procedure, using the courier services:
7.2.1 suggested by the Company (i.e. the Courier). In this case, the User who has exercised the withdrawal shall not incur any expenses for the return of the Product ("Return Charges"), except for the payment of any Duties provided for by the regulations of the place from which the User returns the Product; or2
7.2.2 independently chosen by the User. In this case, the User who has withdrawn acknowledges and accepts that he/she shall be solely responsible for all Returns Expenses and any liability in case of loss or damage of the Product during the shipping.
7.3 The User also undertakes to return the Product to the Company:
7.3.1 intact, in excellent condition and inserted in the original packaging;
7.3.2 not used, worn, washed and/or damaged, except for what is strictly necessary for the User to establish the nature and extrinsic characteristics of the Product and to verify that it corresponds to the Product indicated in the Purchase Order Confirmation;
7.7.3 with the identification tag of the Product, which is an integral part of the goods, fixed to the Product itself with the disposable seal applied by the Company.
7.4 In the event that the User exercises the right of withdrawal in accordance with the conditions set out in this Article 7, the Company undertakes to refund the price of the Product only, no later than 14 (fourteen) days from the date of communication of the withdrawal by the User (provided that the Product has reached the Company within this term), in the manner indicated in Article 5.6 above. Any Delivery Charges will always be retained by the Company and any Duties (whether they are an integral part of the Price or shown separately to the User during the Purchase Procedure) already paid will not be refunded to the User.
7.5 If the Company ascertains that the right of withdrawal exercised by the User does not comply with the conditions set out in this article 7 (e.g. Product returned without the identification tag and/or altered in its essential qualities), the Company will not refund the Price, without prejudice to the User's right to have the same Product returned to him/her in the state in which the returned Product is, at the User's expense.
Article 8 - Legal Warranty of the Product
8.1 All Products sold on the Website are covered by the legal guarantee of conformity of the products provided for in Article 128 et seq. of the Consumer Code. The Company shall be liable towards the User for any Product conformity defect existing at the time of Delivery and occurring within 2 (two) years after such Delivery, provided that the User reports such defect to the Company within 2 (two) months from the date on which it was discovered, under penalty of invalidation.
8.2 In order to take advantage of the legal guarantee referred to in article 8.1 above, the User must contact Customer Service (referred to in article 12 below) and follow the procedure given by them, providing proof of the date of conclusion of the Purchase Agreement, the Delivery of the Product, the existence of the defect and its date of verification. To this end, the User must keep the Purchase Order Confirmation, the purchase receipt and the transport document certifying the date of Delivery for the entire period of validity of the warranty and, where required, must collect and send photographic documentation of the alleged defect ("Complaint Documentation").
8.3 A conformity defect consists in a design or material defect of the Product and exists when the purchased Product: (i) is not suitable for the use that goods of the same type are normally used for; (ii) does not conform to the description on the Website; (iii) does not have the usual qualities of goods of the same type, which the User can reasonably expect, also taking into account the information given on the Website.
8.4 In the event of a lack of conformity duly reported according to the terms set out in Article 8.1 above, the User is entitled:
8.4.1 firstly, to have the Product repaired or replaced, free of charge, at his/her choice, unless the solution requested is objectively impossible or excessively expensive compared to the other; or
8.4.2 alternatively, to the reduction of the Price or the termination of the Purchase Agreement, at his/her choice, in the event that the repair or replacement is impossible or excessively expensive or has not been carried out within a reasonable period of time, or the repair or replacement previously carried out has caused significant inconvenience to the User. However, the User is not permitted to terminate the Purchase Agreement if the lack of conformity is minor and it has not been possible or, if possible, would have been excessively burdensome, to carry out the remedies set out in Article 8.4.1.
8.5 Pursuant to and for the purposes of Article 8.4 above, the User acknowledges that the remedy requested is considered excessively burdensome if it imposes unreasonable costs on the Company compared to the alternative remedies that can be exercised, taking into account: (i) the value that the Product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be performed without significant inconvenience to the User; (iv) in case of a request for replacement, the fact that the Product belongs to a previous sales season, is no longer in production and/or is unavailable.
8.6 In any case, including but not limited to, the User is not entitled to the remedies provided for in Article 8.4 above in the event that:
8.6.1 the Product has been repaired and/or altered by parties other than the Company or any other party authorized by the Company to do so;
8.6.2 the defects of the Product are due (in whole or in part) to: (i) improper use of the Product by the User; and/or (ii) incorrect washing of the Product; and/or (iii) non-compliance with the instructions provided by the Company together with the delivered Product;
8.6.3 at the time the Purchase Agreement was concluded, the User was aware of the Product's lack of conformity and/or could not ignore it with ordinary diligence.
8.7 In the light of the checks carried out by the Company on the Complaint Documentation pursuant to Article 8.2 above, the Company reserves the right to request the return of the Product to ascertain, at its own discretion, whether or not the alleged defect exists. The request for the return of the Product does not in any way imply recognition of the existence of the Product's conformity defect. If the Company ascertains the defect, the remedy requested by the User pursuant to Article 8.4 above must be satisfied within 60 days from the date of receipt of the Complaint Documentation.
Article 9 - User Liability - Links to THIRD PARTY WEBSITES - Links to the Website
9.1 The User browses the Website and purchases the Products independently and assumes all exclusive and personal responsibility deriving from such activities. The User therefore acknowledges that he/she is solely responsible for the correct and non-fraudulent use of the Website, releasing the Company from any liability - including towards third parties - for deeds or events committed fraudulently by the User and/or third parties who have had access to the User's data indicated in the Purchase Procedure and/or the Registered User's account, due to the User’s willful misconduct or negligence.
9.2 The Company adopts all measures to prevent the publication on the Website of any content describing or representing scenes or situations of physical or psychological violence or such that, according to the Users' sensitivity, may be considered harmful to civil beliefs, human rights and the dignity of persons, in all its forms and expressions. In any case, the Company does not guarantee that the contents of the Website are appropriate or lawful in countries other than Italy. However, if such content is deemed unlawful or illegal in some of these countries, Users are invited to avoid accessing the Website. If they choose to access it anyway, the use of the services provided by the Website will be the exclusive and personal responsibility of the User.
9.3 The User also represents to be aware that the Website contains hypertext links to other websites owned/operated by third parties, present within the Website solely to facilitate Users in the search for Products and/or navigation in the Website, which however are in no way attributable to the Company and/or the Website itself. The User acknowledges and accepts that the Company does not carry out any control or monitoring operations on the aforesaid websites and/or their contents, to which it is absolutely unrelated. The Company cannot therefore be held responsible for the contents of these websites and/or for any injury suffered by the User during navigation and/or as a result of operations carried out by the User on the third party websites.
9.4 Anyone interested in activating links to the Website (to the home page and/or other web pages) is required to contact the Company in advance at the following e-mail address: support@aspesi.it. If the request is accepted, the activation of links is granted to the applicant free of charge and on a non-exclusive basis. However, the Company has the right to object to the request received if: (i) the applicant has (in the past) engaged in unfair business practices that are not customary in the industry or engaged in unfair competition or in actions that are detrimental to the Company's reputation; or (ii) the Company believes that it is likely or possible, at its sole discretion, that the conduct referred to in (i) above may occur (in the future). The activation of deep hypertext links (such as deep frames or
Article 1 - Introduction
1.1 Alberto Aspesi & Co. S.p.A., with registered office in Corso Venezia, 14 20121 Milano (MI), tax code, VAT registration number and Milan company register no. 02683610139, in the person of its pro tempore legal representative ("Company"), manufactures, distributes and markets Aspesi-branded clothing, footwear and accessories ("Products"), in stores and online, through the "www.aspesi.it" Website ("Website").
1.2 These general conditions ("Terms and Conditions") govern the relationship between the Company and any user of the Website ("User") who browses the Website and who is interested in purchasing Products through the Website (regardless of whether any Products are purchased).
1.3 Users may purchase on the Website exclusively as consumers, as defined in Article 3, point a) of Legislative Decree no. 206/2005 ("Consumer Code"), i.e. for purposes unrelated to any business, commercial, crafting or professional activity.
1.4 To proceed with the purchase of the Company's Products, at the conclusion of the Purchase Procedure (as defined in article 3.3 below), each User must read and sign these Terms and Conditions in electronic format, and also consent to the processing of its personal data (identification, contact and purchase data) as set out in the Privacy Policy pursuant to articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR"), drawn up by the Company as an independent Data controller, pursuant to article 24 of the GDPR ("Privacy Policy"), through the so-called "point and click” mechanism (i.e. ticking non-preset boxes and/or clicking on a specific button, e.g. "Confirm Purchase").
1.5 The User is invited to download and save these Terms and Conditions and the Privacy Policy on a durable medium at the time of their subscription.
1.6 The Terms and Conditions may be amended by the Company at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Website and apply only to Purchase Orders (as defined below) registered and sent by the User after such publication. Users are therefore invited to consult, before making any purchase, the most updated version of the Terms and Conditions published on the Website.
1.7 By executing these Terms and Conditions, the User declares to be at least 18 years old, to have the capacity for action and to act as a Consumer.
1.8 No prior registration on the Website is required for the purchase of Products. The User can choose whether to browse the Website and purchase the Products:
1.8.1 as a "guest", without prior completion of the Registration described in Article 2 below; or
1.8.2 following the completion of the Registration and the creation of an account in accordance with Article 2 below ("Registered User").
1.9 The Company reminds Users that it is strictly forbidden, during Registration or during the Purchase Procedure (as defined below) and, in any case, in any other phase of the relationship with the Company, to communicate personal data of third parties, false, fictional or, in any case, intentionally incorrect data. The User undertakes to communicate only true and updated data and to indemnify and hold harmless the Company from any claim for damages made by third parties, or sanctions in any way related to the User's violation of this prohibition, without prejudice to any action by the Company to protect its rights.
1.10 Users can independently select the language and the currency in which the contents and the Prices (as defined below) of the Website are displayed, choosing among the languages and currencies available on the Website.
Article 2 - Registration on the Website of Registered Users
2.1 In order to browse the Website as a Registered User, a User must create and have a personal account. The registration procedure on the Website consists of the following steps: (i) insertion of personal and contact information (name, surname, address, telephone number, e-mail address); (ii) selection and insertion of a secure password; (iii) verification and acceptance of the Privacy Policy; (iv) possible subscription to the commercial communications service related to the Products and the Company's activity and/or to the service of personalization of commercial communications (profiling); (v) confirmation of the entered data and of the willingness to register on the Website through the so-called "point and click” mechanism (i.e. ticking non-preset boxes and/or clicking on a specific button - e.g. "Register") ("Registration").
2.2 Registration allows the Registered Users to benefit from Website features and post-purchase services reserved only for Users who successfully complete the Registration ("Additional Services"), such as, for example, the option of creating a wish list of Products, storing their access data, access to the Purchase Order history (orders as defined below), etc.
2.3 The Registered User acknowledges the strictly confidential nature of his/her account and his/her access credentials (username and password), and therefore undertakes to keep them confidential, not to make them available to third parties, including by occasionally changing passwords and using secure passwords (e.g. alphanumeric code with 8 digits and at least one special character and upper/lower case letter), and not to leave his/her device unattended while the account is active, releasing the Company from any liability for any facts or acts carried out fraudulently by the Registered User and/or third parties who have had access to the account due to malicious or negligent conduct by the Registered User him/herself.
Article 3 - Purchase of Products
3.1 The offer and sale on the Website of the Products constitute a distance contract between the Company and the User governed by Legislative Decree no. 70/2003, which governs electronic commerce, and by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code.
3.2 Within the Website, each Product is accompanied by an indication of the relevant Price (as defined in article 5.1 below) and the relevant product data sheet, which describes the main characteristics of the Product (e.g. composition, sizes, fit, washing instructions). In all cases, the User acknowledges and accepts that the Product delivered may differ from the image of the same Product shown on the Website during the purchase phase (in particular with reference to colors), due to reasons attributable to the Internet browser or dependent on the monitor used by the User.
3.3 The procedure for the purchase of a Product consists of all the following steps ("Purchase Procedure"):
3.3.1 selection of the Product on the Website by the User and creation of a shopping cart;
3.3.2 option for the Registered User to continue the Purchase Procedure by entering his/her credentials and accessing the Website as a Registered User, taking advantage of the relevant Additional Services;
3.3.3 completing an order form in electronic format, according to the procedures published on the Website at the time, providing the requested data, including (but not limited to) the consignee's personal data, e-mail address, telephone number and shipping address ("Purchase Order");
3.3.4 selection of the Product shipping method, including (by way of example but not limited to), the possibility of collecting the Product from the "Aspesi" store in Milan ("Store”, located in via San Pietro all'Orto, 24, 20121), where such option maybe selected during the Purchase Procedure, and acceptance of the estimated costs;
3.3.5 selection of payment methods, as better described in Article 5.3 below;
3.3.6 summary of the Purchase Order, including inter alia the final amount to be paid by the User to the Company (consisting of the Price and Delivery Charges and any additional Duties and Expenses as described below);
3.3.7 verification and acceptance of these Terms and Conditions and the Privacy Policy (as described in article 1.4 above);
3.3.8 transmission of the Purchase Order to the Company, according to the instructions on the Website at the time (e.g. by clicking on the "Confirm Purchase" button).
3.4 Until the Purchase Order referred to in article 3.3.8 above is placed, the User has the right to modify or cancel the Purchase Order.
3.5 Once the Purchase Order has been registered and confirmation of the validity of the payment made by the User has been received, the Company undertakes to notify the User of the confirmation of the Purchase Order, which will include: (i) the order number assigned to the Purchase Order; (ii) a summary of the Purchased Products; (iii) the delivery address and billing address (if not the same); (iv) the Price and Delivery Charges (as defined below) and any additional charges, and the method of payment used; (v) any special conditions applicable to the purchase (by way of example, any entered discount voucher); (vi) the conditions for the return of Products; (vii) a reference to the Terms and Conditions and the Privacy Policy accepted by the User ("Purchase Order Confirmation").
3.6 The Company shall notify the User of the Purchase Order Confirmation pursuant to article 3.5 above usually within 24 hours after the conclusion of the Purchase Procedure, by e-mail sent to the address indicated by the User in the Purchase Procedure. Once this deadline has expired, if the Purchase Order Confirmation has not been received, the User is invited to contact the Customer Service referred to in article 12 below.
3.7 The User acknowledges that the Company is free not to accept the Purchase Order and not to send the Purchase Order Confirmation in case of (including, but not limited to): (i) ascertainment of the violation of Article 1.7 above; (ii) negative outcome of the User's payment and/or any solvency checks relating to the User; (iii) unavailability of the Product as provided for in Article 4 below; and (iv) previous abusive or fraudulent conduct by the User towards the Company. In such cases, the Company will promptly refund all amounts already paid by the User (i.e. Price, Delivery Charges and any Duties), in accordance with the procedures set out in Article 5.6 below.
3.8 Without prejudice to the right of withdrawal referred to in article 7 below, where applicable, the User is required to verify the conformity of the Purchase Order Confirmation with what is indicated in his/her Purchase Order, and to notify the Company of any discrepancies between them within 24 hours from the receipt of the Purchase Order Confirmation. In the event of failure to give notice within such period, the Company will proceed with the Delivery (as defined below) of the Products as per Purchase Order Confirmation.
3.9 The Product purchase contract between the User and the Company shall be deemed to have been concluded when the User receives the Purchase Order Confirmation, in accordance with Article 3.6 above ("Purchase Contract").
Article 4 - Availability of Products
4.1 The availability of the Products offered on the Website is continuously monitored and updated by the Company. However, it is possible that the Product may become unavailable for reasons beyond the Company's reasonable control, such as, for example, the simultaneous purchase of the same Product by several Users. In such cases, the Product may be temporarily (or permanently) unavailable, even after the Purchase Order Confirmation.
4.2 In case of unavailability pursuant to article 4.1 above, the Company undertakes to promptly notify the User and will proceed to cancel the Purchase Order and the relative Purchase Order Confirmation (if any), and will simultaneously refund all amounts already paid by the User (i.e. Price and Delivery Charges, as defined below, as well as any additional charges), in accordance with the procedures set out in Article 5.6 below. The User may subsequently check on the Website if the Product is available again and the new delivery times.
Article 5 - Prices, methods of payment and refunds
5.1 All prices of the Products published on the Website ("Price") are expressed in the currency chosen by the User and, where applicable, are inclusive of VAT.
5.2 The Company reserves the right to change the Price of each Product at any time, without prior notice, it being understood that the Price charged to the User will be the one indicated on the Website at the time of the conclusion of the Purchase Order. Such Prce will therfore not take into account any changes (increase or decrease) following the transmission of the order pursuant to Article 3.3.8 above.
5.3 During the Purchase Procedure, the User proceeds with the payment of the Price of the Product, any related Delivery Charges (as defined below) and any related Duties (as defined below) by selecting one of the following payment methods: (a) credit card; (b) "PayPal"; (c) "Klarna" (this particular method is only available to Users located in Austria, Germany, the Netherlands, Finland and Denmark). The Website indicates whether or not the payment method chosen by the User is free of charge, quantifying any applicable charges to be paid by the User depending on the chosen payment method.
5.4 In case of online payment by credit card, the transaction takes place securely, using the SSL-Secure Socket Layer protocol. Credit card details (card number, start date, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the Company's servers. The Company, therefore, never has access to and does not store the data of the credit card used by the User for the payment of the Product. If the User intends to use this method of payment, the User acknowledges and accepts that the Company may carry out the necessary checks on the validity of the payment (e.g. prior checking of the time validity and/or availability of credit on the card used), in order to be able to send the Purchase Order Confirmation.
5.5 In case of payment through the PayPal or Klarna online payment systems, the User is automatically redirected to the PayPal or Klarna website, respectively, where he or she will pay for the Product by following the procedure indicated on those websites, according to the terms and conditions agreed between the User and PayPal or Klarna, respectively. The data entered on the websites of such payment service providers will be processed directly by PayPal or Klarna themselves, and they will not be transmitted or shared with the Company. The Company will therefore neither collect nor store in any way the data provided by the User directly to PayPal or Klarna on their respective websites.
5.6 In all cases in which the Price is refunded as provided for in these Terms and Conditions, the User acknowledges that the amount and timing of the credit are indicated in the specific provisions of these Terms and Conditions governing refunds. It is understood that any expenses provided for in Article 5.3 above and any customs duties and expenses provided for in Article 6.2 below will not be reimbursed under any circumstances. The refund will be made through the same payment instrument chosen in the Purchase Procedure. The User will be able to verify the refund once the necessary time required for processing such refund has passed; this time depends on the management system of the payment method chosen by the User. In the event that the User who sent the Purchase Order is different from the credit card holder referred to in article 5.3 (a) above, the Company will refund the latter.
Article 6 - Delivery of Products
6.1 The Company undertakes to deliver the Products purchased by the User ("Delivery") to the delivery address indicated by the User during the Purchase Procedure and confirmed in the Purchase Order Confirmation, as communicated by the User to the Courier (as defined below) pursuant to article 6.4 below, provided that the country where the delivery address is located is included in the list of countries where the Company delivers the Products (available in the "top bar" section of the Website). The Products are delivered by the Company in accordance with the shipping methods selected by the User, from Monday to Friday during normal business hours, excluding national holidays, within the deadline indicated by the Company in the Purchase Order Confirmation, which shall not be superior than 30 (thirty) days from when the Purchase Order Confirmation is sent.
6.2 Delivery charges, which may vary depending on the shipping method chosen by the User (where available) and the place of Delivery, are to be paid wholly by the User. The amount of such delivery Delivery charges, expressed in the currency selected by the User and including VAT where applicable, are shown during the Purchase Procedure and subsequently confirmed to the User in the Purchase Order summary (before the Purchase Order is placed) and in the Purchase Order Confirmation ("Delivery Charges"). Any potential taxes and customs duties applied to the Products by virtue of the regulations of the country where the Delivery of the Products is required ("Duties") are not included in the Delivery Charges. These Duties will always be paid exclusively by the User, providet that: (a) if the Delivery to a specific country outside the EU is performed in delivery duty paid mode, the cost of such Duties will be included in the Price of the Product that the User intends to purchase, and the User will therefore not incur any additional cost beyond the Price and Delivery Charges; (b) if Delivery to a specific country outside the EU is not performed in delivery duty paid mode, the cost of such Duties will be shown separately to the User during the Purchase Procedure, and the User must therefore pay such cost in addition to the Price and Delivery Charges.
6.3 In the event that the purchased Product is not delivered within the delivery time indicated in the Purchase Order Confirmation, the Company undertakes to contact the User in order to agree on an additional delivery time appropriate to the circumstances. In the event of disagreement, or if this additional period should expire without the Product having been delivered to the User, the User is entitled to terminate the Purchase Contract pursuant to Article 1456 of the Italian Civil Code, by notifying its intention of exercising this right and a request for a refund of the Price, Delivery Charges and any Duties, within 15 (fifteen) days, in accordance with the procedures set out in Article 5.6 above, to the Customer Service in writing (via e-mail).
6.4 The User undertakes to be present or to instruct a person who shall be present to collect the Product, on the Delivery date specified in the Purchase Order Confirmation or agreed pursuant to article 6.3 above. In order to facilitate the collection of the Product by the User, the shipping service operator DHL Express Italy S.r.l., appointed by the Company to deliver the Products ("Courier"), will send the User an e-mail/text to the address/phone number provided by the User during the Purchase Procedure. The e-mail/text will contain a specific link through which the User may: (i) confirm/change the Delivery address provided during the Purchase Procedure; (ii) subject to the terms set out in clause 6.1 above, select a specific date for the receipt of the Product at the notified Delivery address or choose to collect the Product from the DHL service point nearest to the Delivery address selected by the User during the Purchase Procedure.
6.5 Without prejudice to Article 6.4 above, in the event of failure to deliver due to the absence of the User (or of a person appointed by the User) at the address and delivery date communicated by the User to the Courier, the Courier will deposit the Product at the DHL service point nearest to the delivery address selected by the User at no extra cost, and will notify the User of the Product’s location. If the User does not collect the Product held in the DHL service point and, in any case, after 30 (thirty) business days from the first Delivery attempt, the Company shall have the right to terminate the Purchase Agreement pursuant to Article 1456 of the Italian Civil Code, for default and negligence of the User. The Company shall then, within 15 (fifteen) business days after sending notice of termination of the Purchase Agreement, refund the Price to the User, being expressly excluded the Delivery Charges relating to unsuccessful Delivery, the costs of returning the Product to the Company and any other expenses incurred by the Company as a result of the attempted Delivery. The termination of the Purchase Agreement and the amount of the refund will be communicated to the User by e-mail to the contact details communicated by the User during the Purchase Procedure and/or indicated in the Registration, stating the intention to exercise this right. Refunds will be made according to Article 5.6 above.
6.6 Upon Delivery, the User, or the person appointed by the same, undertakes to carry out all necessary checks to detect any discrepancies in the quantity of Products delivered or imperfections or defects in the packaging or non-conformity of the Products received compared to what is listed in the relevant Purchase Order Confirmation.
6.7 If any defect and/or discrepancy is detected upon Delivery in accordance with article 6.6 above, the User undertakes to: (a) report such defects and/or discrepancies to the Company and raise any claim and/or demand connected therewith in the relevant delivery receipt; (b) have the Delivery agent to countersign such receipt; and (c) keep a copy of the countersigned receipt. Following this complaint, the provisions laid down in Article 8 below shall apply.
Article 7 - Right of withdrawal - Returns and refunds
7.1 Pursuant to and for the purposes of Article 52 et seq. of the Consumer Code, the User has the right to withdraw, in whole or in part, from the Purchase Agreement within 14 (fourteen) days from the time that the User will receive the Delivery of the Product ("delivery" is intended as the User being in physical possession of the Product). To this end, the User must notify the Company of his/her intention to withdraw from the Purchase Agreement, in whole or in part, within the aforementioned term of 14 (fourteen) days, following the return procedure available through the "Returns and refunds" section of the Website, or by contacting Customer Service (as defined below) according to Article 12 below.
7.2 In the event of exercising the right of withdrawal pursuant to article 7.1 above, within 14 (fourteen) days from the date of communication of his/her withdrawal pursuant to article 7.1 above, the User undertakes to return the Product to the Company, accompanied by the documentation requested by the Company at the end of the withdrawal procedure, using the courier services:
7.2.1 suggested by the Company (i.e. the Courier). In this case, the User who has exercised the withdrawal shall not incur any expenses for the return of the Product ("Return Charges"), except for the payment of any Duties provided for by the regulations of the place from which the User returns the Product; or2
7.2.2 independently chosen by the User. In this case, the User who has withdrawn acknowledges and accepts that he/she shall be solely responsible for all Returns Expenses and any liability in case of loss or damage of the Product during the shipping.
7.3 The User also undertakes to return the Product to the Company:
7.3.1 intact, in excellent condition and inserted in the original packaging;
7.3.2 not used, worn, washed and/or damaged, except for what is strictly necessary for the User to establish the nature and extrinsic characteristics of the Product and to verify that it corresponds to the Product indicated in the Purchase Order Confirmation;
7.7.3 with the identification tag of the Product, which is an integral part of the goods, fixed to the Product itself with the disposable seal applied by the Company.
7.4 In the event that the User exercises the right of withdrawal in accordance with the conditions set out in this Article 7, the Company undertakes to refund the price of the Product only, no later than 14 (fourteen) days from the date of communication of the withdrawal by the User (provided that the Product has reached the Company within this term), in the manner indicated in Article 5.6 above. Any Delivery Charges will always be retained by the Company and any Duties (whether they are an integral part of the Price or shown separately to the User during the Purchase Procedure) already paid will not be refunded to the User.
7.5 If the Company ascertains that the right of withdrawal exercised by the User does not comply with the conditions set out in this article 7 (e.g. Product returned without the identification tag and/or altered in its essential qualities), the Company will not refund the Price, without prejudice to the User's right to have the same Product returned to him/her in the state in which the returned Product is, at the User's expense.
Article 8 - Legal Warranty of the Product
8.1 All Products sold on the Website are covered by the legal guarantee of conformity of the products provided for in Article 128 et seq. of the Consumer Code. The Company shall be liable towards the User for any Product conformity defect existing at the time of Delivery and occurring within 2 (two) years after such Delivery, provided that the User reports such defect to the Company within 2 (two) months from the date on which it was discovered, under penalty of invalidation.
8.2 In order to take advantage of the legal guarantee referred to in article 8.1 above, the User must contact Customer Service (referred to in article 12 below) and follow the procedure given by them, providing proof of the date of conclusion of the Purchase Agreement, the Delivery of the Product, the existence of the defect and its date of verification. To this end, the User must keep the Purchase Order Confirmation, the purchase receipt and the transport document certifying the date of Delivery for the entire period of validity of the warranty and, where required, must collect and send photographic documentation of the alleged defect ("Complaint Documentation").
8.3 A conformity defect consists in a design or material defect of the Product and exists when the purchased Product: (i) is not suitable for the use that goods of the same type are normally used for; (ii) does not conform to the description on the Website; (iii) does not have the usual qualities of goods of the same type, which the User can reasonably expect, also taking into account the information given on the Website.
8.4 In the event of a lack of conformity duly reported according to the terms set out in Article 8.1 above, the User is entitled:
8.4.1 firstly, to have the Product repaired or replaced, free of charge, at his/her choice, unless the solution requested is objectively impossible or excessively expensive compared to the other; or
8.4.2 alternatively, to the reduction of the Price or the termination of the Purchase Agreement, at his/her choice, in the event that the repair or replacement is impossible or excessively expensive or has not been carried out within a reasonable period of time, or the repair or replacement previously carried out has caused significant inconvenience to the User. However, the User is not permitted to terminate the Purchase Agreement if the lack of conformity is minor and it has not been possible or, if possible, would have been excessively burdensome, to carry out the remedies set out in Article 8.4.1.
8.5 Pursuant to and for the purposes of Article 8.4 above, the User acknowledges that the remedy requested is considered excessively burdensome if it imposes unreasonable costs on the Company compared to the alternative remedies that can be exercised, taking into account: (i) the value that the Product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be performed without significant inconvenience to the User; (iv) in case of a request for replacement, the fact that the Product belongs to a previous sales season, is no longer in production and/or is unavailable.
8.6 In any case, including but not limited to, the User is not entitled to the remedies provided for in Article 8.4 above in the event that:
8.6.1 the Product has been repaired and/or altered by parties other than the Company or any other party authorized by the Company to do so;
8.6.2 the defects of the Product are due (in whole or in part) to: (i) improper use of the Product by the User; and/or (ii) incorrect washing of the Product; and/or (iii) non-compliance with the instructions provided by the Company together with the delivered Product;
8.6.3 at the time the Purchase Agreement was concluded, the User was aware of the Product's lack of conformity and/or could not ignore it with ordinary diligence.
8.7 In the light of the checks carried out by the Company on the Complaint Documentation pursuant to Article 8.2 above, the Company reserves the right to request the return of the Product to ascertain, at its own discretion, whether or not the alleged defect exists. The request for the return of the Product does not in any way imply recognition of the existence of the Product's conformity defect. If the Company ascertains the defect, the remedy requested by the User pursuant to Article 8.4 above must be satisfied within 60 days from the date of receipt of the Complaint Documentation.
Article 9 - User Liability - Links to THIRD PARTY WEBSITES - Links to the Website
9.1 The User browses the Website and purchases the Products independently and assumes all exclusive and personal responsibility deriving from such activities. The User therefore acknowledges that he/she is solely responsible for the correct and non-fraudulent use of the Website, releasing the Company from any liability - including towards third parties - for deeds or events committed fraudulently by the User and/or third parties who have had access to the User's data indicated in the Purchase Procedure and/or the Registered User's account, due to the User’s willful misconduct or negligence.
9.2 The Company adopts all measures to prevent the publication on the Website of any content describing or representing scenes or situations of physical or psychological violence or such that, according to the Users' sensitivity, may be considered harmful to civil beliefs, human rights and the dignity of persons, in all its forms and expressions. In any case, the Company does not guarantee that the contents of the Website are appropriate or lawful in countries other than Italy. However, if such content is deemed unlawful or illegal in some of these countries, Users are invited to avoid accessing the Website. If they choose to access it anyway, the use of the services provided by the Website will be the exclusive and personal responsibility of the User.
9.3 The User also represents to be aware that the Website contains hypertext links to other websites owned/operated by third parties, present within the Website solely to facilitate Users in the search for Products and/or navigation in the Website, which however are in no way attributable to the Company and/or the Website itself. The User acknowledges and accepts that the Company does not carry out any control or monitoring operations on the aforesaid websites and/or their contents, to which it is absolutely unrelated. The Company cannot therefore be held responsible for the contents of these websites and/or for any injury suffered by the User during navigation and/or as a result of operations carried out by the User on the third party websites.
9.4 Anyone interested in activating links to the Website (to the home page and/or other web pages) is required to contact the Company in advance at the following e-mail address: support@aspesi.it. If the request is accepted, the activation of links is granted to the applicant free of charge and on a non-exclusive basis. However, the Company has the right to object to the request received if: (i) the applicant has (in the past) engaged in unfair business practices that are not customary in the industry or engaged in unfair competition or in actions that are detrimental to the Company's reputation; or (ii) the Company believes that it is likely or possible, at its sole discretion, that the conduct referred to in (i) above may occur (in the future). The activation of deep hypertext links (such as deep frames or
- Choosing a selection results in a full page refresh.