Terms of service

Terms and conditions of sale on the portal adalu.it Art. 1 Definitions 1.1 The expression "Supplier" means the owner of the virtual store, Adalù S.r.l., Via Casilina 529 00177 - Rome - P.IVA 15942071000 pec adalusrl@legalmail.it. 1.2 By the expression "Online Sales Contract", we mean the purchase and sale contract relating to the Supplier's tangible movable goods, entered into between the Supplier and the Buyer within the distance selling system adalu.it, organized by the company Adalù S.r.l. 1.3 The expression "Purchaser" means the consumer natural person who makes the purchase, in the manner set forth in this contract, and who becomes the holder of the rights and duties set forth below. Art. 2 Subject matter of the contract 2.1 By this contract, respectively, the Supplier sells and the Buyer purchases, on the portal www.adalu.it, clothing, swimwear, beach and beach accessories, towels, bags, hats, and candles for the home. Each product is handcrafted with the utmost precision, care and attention to detail. Adalù uses environmentally sustainable fabrics, lycra made from ECONYL® fiber and recycled nylon derivatives. All products are designed and made entirely in Italy by hand. 2.2 All products sold, accompanied by a brief description, can be found at www.adalu.it/shop Art. 3 Stipulation of the contract 3.1 The contract between the Supplier and the Purchaser is concluded exclusively through the Internet, at www.adalu.it, where the Purchaser, following the indicated procedures, may formalize the purchase. Art. 4 Conclusion and effectiveness of the contract 4.1 The purchase contract is concluded by completing these steps: (a) Filling out the application form in its entirety; (b) By clicking on the virtual "place order" button; (c) by finalizing the payment transaction. Payment is always made after displaying a printable web page summarizing the order, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal or exchange of goods are indicated. 4.2 At the time the Supplier receives the order from the Buyer, it shall send a confirmation e-mail, containing all the information and data referred to in the previous paragraph. 4.3 The contract shall not be deemed to be perfected and effective between the parties in the absence of the above points. Art. 5 Payment and Reimbursement 5.1 Any payment may be made through the form of payment selected by the purchaser from those made available on the adalu.it website, subject to the Supplier's verification that the money has been credited to its current account. The Buyer will be able to speed up the shipping time by using the instant payment method, either through instant bank transfer or through fast payment methods, such as PayPal, which provide for the immediate crediting of the sums paid. 5.2 Any reimbursement to the Purchaser will be credited to the bank account/payment card/payment app used by the Purchaser at the time of purchase, in a timely manner and, in the event of the exercise of the right of withdrawal, as governed by Article 14, point 1 et seq. of these Terms, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal. 5.3 Communications and information regarding payments made through the payment methods chosen by the Buyer (such as PayPal), are the responsibility of the dedicated websites, and fall under their sole responsibility. Art. 6 Time and manner of delivery 6.1 The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer and indicated on the website and in the summary document. 6.2 Products and goods purchased will be delivered to Buyer's address via DHL and SDA shipping services. The Supplier will choose the most efficient and economical service. Shipping costs for orders of products exceeding Euro 50 (fifty), for domestic orders, or Euro 250 (two hundred fifty), for international orders, shall be borne by the Supplier. If the right of withdrawal is exercised, for one or more items of orders with shipping paid by the Supplier, the price of the items that the Buyer does not return shall be considered as the final purchase cost. Therefore, shipping costs may be charged in the refund phase of returns. Shipping time is approximately 2 business days for domestic shipments and approximately 2 weeks for international orders. In the event that the Supplier is unable to ship within these times will promptly notify the Buyer. Some products are made to order; for these types of products, shipping times may be longer. Expected processing times depend on the product and fabric availability and can range from one week to one month. It is recommended that you request detailed information on the shipping time for the product you wish to order by contacting customer service at the following email address: sales@adalu.it 6.3 Shipping methods, times and costs are clearly indicated and calculable by the Buyer at Check-out, i.e. in the Shopping Cart, and before proceeding with the purchase. Should the order exceed the maximum weight for which the shipping costs may be increased, the Buyer shall bear the difference in price. The actual price of the shipment will be communicated to the Purchaser by e-mail by the Supplier, who will only proceed to dispatch the parcel when the Purchaser has paid the sum specified in the terms established by the Supplier. 6.4 Should the packaging of the products ordered by the Buyer arrive at the destination obviously damaged, the Buyer is invited to refuse the delivery by the shipper or to accept the delivery "with reserve". Article 7 Prices 7.1 All sales prices of the products displayed and indicated within the website www.adalu.it/shop are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code. 7.2 The sale prices, referred to in the previous point, are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges, if any, are not included in the purchase price and must be indicated and calculated before placing the order. 7.3 The prices shown against each of the goods offered to the public are valid until the date indicated in the catalog and also include the costs of placing them on the market online. 7.4 No additional costs, ancillary charges, fees or taxes may be charged to the purchaser by adalu.it without having been previously indicated on the purchase page and in the summary document. Art. 8 Availability of Products 8.1 The Supplier shall ensure through computerized system the processing and fulfillment of orders without delay. For this purpose it indicates in real time in its electronic catalog the number of available and unavailable products. 8.2 If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Buyer whether the good is no longer purchasable or what the waiting time is to obtain the chosen good, asking whether or not it is intended to confirm the order. Art. 9 Limitations of Liability 9.1 The Supplier assumes no liability for inefficiencies attributable to force majeure in the event that it fails to execute orders on time. 9.2 The Supplier assumes no liability for any fraudulent and illegal use, which may be made by third parties and in particular of the payment methods chosen by the Buyer. 9.3 Under no circumstances shall the Purchaser be held liable for delays or mishaps if it proves that it has made payment in the time and manner indicated by the Supplier. Art. 10 Defective Product 10.1 A product is defective when it does not meet the expectations that may legitimately be expected of a product of the same category. Defective is that product which does not offer the reliability normally offered by other specimens of the same series. Also defective is that product which functions poorly, which does not meet the use stated by the seller or for which the good is generally intended. 10.2 By way of example but not limitation, Adalù costumes, bags, towels and all other accessories may be considered defective when: (a) some seams are imperfect or made out of the place useful for their purpose; (b) some seams are missing altogether; (c) zippers and hooks are not properly fastened; (d) zippers and hooks are not fully functional; (c) when the fabric of the product, newly received and without ever having been used by the buyer, is abraded, punctured or damaged. 10.3 Adalù handcrafted products may not be considered defective if they have only small or minor differences, for example, when the seams are not exactly identical and the laces are perfectly symmetrical. A product cannot be considered defective due to the wear and tear of time or merely because a better product was at any time put on the market. Art. 11 Liability for damage from defective products 11.1 With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. 11.2 The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical knowledge, did not allow at the time to consider the product as defective, and finally, if the injured party was aware of the defect but used the good anyway. Art. 12 Warranties and service arrangements 12.1 All Adalù products are guaranteed for any non-conformity that becomes apparent within 1 (one) year of delivery, provided that the Buyer reports the defect within 2 (two) months of its discovery. Conformity defects in items such as bags, towels, costumes and Adalù sportswear are, due to the particular nature, quality and purpose of the goods themselves, immediately noticeable upon sight and first use. Therefore, the Supplier will carry out a thorough inspection of the items, the conformity defects of which have been complained by the purchasers after the 3rd (third) day after delivery. 12.2 Any warranty for use, washing or treatment not in accordance with that for which the item is naturally intended and with the Supplier's instructions and warnings is excluded. The Legal Warranty also does not cover natural wear and tear over time due to the normal use for which the product is designed. 12.3 In the event of a lack of conformity, the Purchaser may request the repair or replacement of the purchased goods, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code. 12.4 The purchaser's claim for lack of conformity of the goods must be made in writing, by registered mail A.R.or by pec, at the following address: Adalù di Donati Valeria, Via Valerio Giacomini 66 00134 - Rome P.IVA 15942071000 pec address: adalusrl@legalmail.it The Supplier will indicate its willingness to carry out the request, or the reasons preventing it from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Purchaser's request, it shall indicate the method of shipment for the return of the goods as well as the expected deadline. 12.5 If repair or replacement is impossible or excessively onerous, or the Supplier has failed to respond to the request within the time limit referred to in the preceding paragraph, the Purchaser may request, at its option, an appropriate reduction in the price or termination of the contract. In the same communication, if the Supplier has accepted the Purchaser's request, it shall indicate the proposed price reduction or how the defective goods are to be returned. Art. 13 Buyer's Obligations 13.1 The Purchaser agrees, upon completion of the on-line purchase procedure, to save the documents evidencing the purchase. 13.2 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory prior to confirmation of purchase. Art. 14 Right of Withdrawal 14.1 The Purchaser has, in any case, the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the receipt of the purchased goods. Buyers residing in non-EU countries or in all those countries where customs duties are required for customs clearance of the goods cannot access the right of withdrawal. The Supplier is not authorized to pay customs duties arising from returned goods therefore it will return the returned goods to the sender, i.e. the Buyer. 14.2 In case of withdrawal, the Purchaser must give notice to the Supplier by registered letter with return receipt, at Via Valerio Giacomini 66 00134 Rome or by PEC message to: adalusrl@legalmail.it For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that within the same terms, after which, the Purchaser will lose the right to exercise the right of withdrawal. 14.3 The return of the good must in any case be made no later than 30 (thirty) days from the date of receipt of the good itself. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and in normal condition. 14.4 The Buyer may not exercise the right of withdrawal for custom-made or clearly customized goods. 14.5 Products purchased on sale may be returned, but you will not be entitled to a refund. For products on sale, you may request an exchange for any product of equal or greater value. Buyers residing in non-EU countries or in all those countries where customs duties are required for customs clearance of the goods cannot access the right of withdrawal. The Supplier is not authorized to pay customs duties arising from returned goods therefore it will return the returned goods to the sender, i.e. the Buyer. 14.6 In exercising the right of withdrawal, for buyers who are not residing in non-EU countries or in all those countries where customs duties are required, the only costs to be borne by the Buyer will be the postal charges for return shipping. 14.7 In case of withdrawal, the Supplier will refund the full amount to the account/card or payment app used by the Purchaser at the time of purchase, as soon as the returned goods have been received and checked. 14.8 Upon receipt of the notice by which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, subject to the provisions of this Article. Article 15. Causes of termination 15.1 The obligations referred to in Art. 13, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes by the means referred to in Art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in Art. 6, of these Terms, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations will result in the legal termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for judicial pronouncement. Art. 16 Protection of confidentiality and treatment of Buyer's data 16.1 The Supplier shall protect the privacy of its customers and ensure that the processing of data complies with the provisions of the privacy regulations. For information on how personal data are processed and the rights aimed at their protection, please refer to an appropriate document available at www.adalu.it/privacy-policy 16.2 The Provider further guarantees that when you access the adalu.it website, a special banner will immediately appear indicating: (a) that the website uses profiling cookies. b) that the site also allows the sending of "third-party" cookies, in case of the use of this type of cookies, that is, cookies installed by a different site through the site you are visiting; c) a link with a broader information notice, with indications on the use of cookies sent by the site, where you can deny consent to their installation directly or by linking to the various sites in the case of "third-party" cookies d) an indication that by continuing browsing (e.g., by accessing another area of the site or selecting an image or link) you are giving consent to the use of cookies. Art. 17 Method of storage of the contract 17.1 Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital form on the Supplier's own server according to criteria of confidentiality and security. Art. 18 Communications and complaints 18.1 The Buyer may send the managers of the adalu.it/ website communications and complaints to the following addresses: - Address: Via Valerio Giacomini 66, 00134 Rome - PEC: adalusrl@legalmail.it - email: info@adalu.it - cel. +39 3396450788 18.2 The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent. Art. 19 Applicable Law and Jurisdiction 19.1 This contract is governed by Italian law, and in particular, by the Consumer Code and Legislative Decree No. 70 of 2003 E-Commerce. 19.2 For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980. 19.3 Pursuant to Article 60 of Legislative Decree 206/2005, the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herein. 19.4 If the Parties are unable to reconcile any disputes that may arise, the same shall be referred to the Judge of the place of residence or domicile of the Purchaser.