GENERAL CONDITIONS OF SALE
1.1 The offer and sale of products on the website www.iggbags.it are governed by these General Conditions of Sale (hereinafter also "GCS"). The Customer is invited to read these GCS carefully before proceeding with the purchase. The submission of the purchase order implies full knowledge and express acceptance of these GCS. Once the online purchase procedure has been completed, the Customer is required to print and keep these GCS and the relevant order form, already viewed and accepted.
2.1 The Products purchased on the website are sold directly by I.G.G. srl, with registered office in (36071) Arzignano (VI), TAX ID and VAT no. 03409930249.
2.2 The sale through the website is reserved exclusively for "Consumers", i.e. natural persons acting for purposes unrelated to the business, commercial, craft or professional activity that may be carried out. Therefore, by sending the order, the Customer declares s/he is making a purchase as a consumer and therefore for purposes unrelated to any business, commercial, craft or professional activity.
2.3 The Products are sold and invoiced to the Customer identified by the data entered when filling in and sending the order form in electronic format, with simultaneous acceptance of these GCS.
2.4 The offers of Products on the Website are aimed at customers of legal age. Customers under 18 years of age must have the consent and assistance of a parent or legal guardian to make a purchase on the website. By placing an order through the website, the Customer guarantees that s/he is aged 18 years or over and has the legal capacity to enter into binding contracts.
2.5 The Customer is forbidden to enter false and/or invented and/or fictitious names in the online order procedure and in further communications. The Seller reserves the right to prosecute any breaches or abuse.
2.6 Furthermore, by accepting these GCS, the Customer releases the Seller from any responsibility deriving from the issue of incorrect tax documents due to errors in the data provided by the Customer at the time of placing the order online, the Customer being solely responsible for their correct insertion.
3. PRODUCT INFORMATION
3.1 Only original, handmade products bearing the IGGbags trademark and purchased directly from the Seller at I.G.G. srl are offered for sale on the website.
3.2 Information and prices relating to the products (main characteristics, including measurements, composition, photographic images, etc.) are available on the website, on the individual Product data sheets.
3.3 Although I.G.G. srl. constantly adopts measures to ensure that the photographs published on the site are faithful reproductions of the original products, some variations are always possible due to the Internet browser and/or monitor used. Consequently, the Seller shall not be liable for any inadequacy of the graphic representations of the products shown on the website, since such representations are merely illustrative. In any case, the right of withdrawal for Customers who may have been misled by the aforementioned images remains unaffected (right to be exercised in accordance with the terms and conditions set out in clause 9 below of these GCS).
4. CONCLUSION OF THE CONTRACT
4.1 The language available to conclude the individual Contract (hereinafter "the Contract") with the Seller is Italian. By sending the order form, the Customer accepts Italian as the language of the Contract, even if the website contains translations of these GCS or other information.
4.2 Purchase requests from countries not listed on the Website will not be accepted.
4.3 Customers who intend to place a purchase order for one or more products on the Site must fill in the order form in electronic format and send it to the Seller, electronically, following the procedure provided for on the Website, in order to conclude the Purchase Contract.
4.4 The order form contains a reference to these GCS, as well as a summary of information on the essential characteristics of each product ordered and its price (including any charges and fees), the means of payment accepted and the method of delivery of the Products purchased, as well as the shipping and delivery costs.
4.5 Before proceeding with the purchase of the products by sending the order form, the Customer is required to read the GCS carefully, which s/he can also print, store or keep a copy of for personal use.
4.6 Before proceeding with the transmission of the order form, the Customer may identify and correct any data entry errors.
4.7 By sending the order form, the Customer declares that s/he has understood and accepted the content of the same, as well as the General Conditions of Sale and use of the website. Failure to fully accept these contents and legal notes will result in the order not being accepted.
4.8 Product prices may be subject to update. The Customer is required to verify the final sale price before submitting the relevant order form.
4.9 The Contract shall be deemed to have been concluded when the Seller receives the order form electronically, but is strictly dependent on the outcome of the verification referred to in paragraph 4.10 below.
4.10 The Seller will check each order to ensure the data provided by the Customer are complete and accurate, that the Customer is solvent and/or that the products ordered are available. In the event these checks have a negative outcome, the Seller will promptly - and in any case within 14 (fourteen) days from the date of receipt of the order form - inform the Customer by e-mail that the Contract is to be considered terminated and that, the purchase order will not therefore be processed, specifying the reasons. If the Customer has already paid for the order, the Seller will refund the amount paid.
4.11 Once the verification referred to in point 4.10 above has been successfully completed, the Seller shall take charge of the purchase order and send the Customer, by e-mail, a receipt for the purchase order, which shall contain the information already contained in the order form (the reference to the GCS, information on the essential characteristics of the product and a detailed indication of the price (including taxes), means of payment, withdrawal and delivery costs.
4.12 The order form will be filed in the Seller's database for the period of time necessary to process the orders and in any case in compliance with the terms established by law. The Customer can view the orders placed by accessing his/her profile and consulting the appropriate section of the website.
5.1 Unless otherwise specified in writing, all the prices of the products and the shipping and delivery costs indicated on the website and in the order are to be considered inclusive of VAT and are shown in Euros. The prices valid are always and only those indicated on the Website at the time of transmission of the Order via internet. Product prices and shipping and delivery charges may vary without notice. The Customer must therefore ascertain the final sale price before placing the relevant Order.
5.2 All products are shipped directly from Italy. The prices of the products and the shipping and delivery costs indicated on the website and in the order, unless otherwise specified, are not to be considered inclusive of any costs related to customs duties and taxes if the products are shipped to countries outside of the EU or in countries where the regulations in force provide for import charges.
6. PAYMENT METHOD
6.1 For the payment of the price of the products and the related shipping and delivery costs, the Customer may use one of the methods indicated in the order form on the website, which are summarised below:
a) Payment by credit or prepaid cards
For online orders on the website, the Seller accepts payment both by credit card (Visa and Mastercard) and prepaid cards (provided they are enabled by the bank) without any additional charges on top of the cost of the product and shipping. It is understood that the Customer must be the holder of a valid credit card when ordering products purchased online. and that the name on the credit card must be the same as the one indicated on the billing data. If these conditions are not met, it will not be possible to proceed with the order.
At the time of purchase online, the amount of the order will be charged to the Customer's credit card when the order is confirmed. The amount will therefore effectively be charged to the Customer's credit card when the order is transmitted to the Seller.
Once the package containing the ordered products has been received, if the Customer intends, for any reason, to exercise the Right of Withdrawal, following payment of the products purchased online, the Seller will instruct the Customer to credit the amount to be refunded directly to the credit card previously used for the payment.
b) Bank transfer made out to:
BANCA INTESA SAN PAOLO
c) Cash on Delivery
Payment method available only for Italy, for a maximum charge of € 500.00. An additional charge of € 6.91 will be applied to the total value of the goods including VAT.
6.2 At no time during the purchase procedure is the Seller in a position to obtain credit card information (e.g. credit card number or expiry date) transmitted via an encrypted protocol-protected connection directly to the Website of the party handling the electronic payment (bank). This data will not be stored on any of the Seller’s computer files.
6.3 Under no circumstances shall the Seller be liable for any fraudulent and improper use of credit and prepaid cards by third parties.
6.4 If, for any reason, it is not possible to charge the amount due, the sales contract will be automatically cancelled.
7. SHIPPING AND DELIVERY
7.1 After the payment is registered, the products will be shipped to the address indicated by the Customer on the order form.
7.2 Products ordered on the website will be shipped by an express courier selected by I.G.G. srl, during working days. Deliveries may be made - except in cases of force majeure - within 5 (five) working days from the date of receipt of payment for Italy (one more day for islands and neighbouring countries). For the European Union, within 7 (seven) working days (1/2 more working days for Switzerland) and within 12 (twelve) working days for non-EU countries, except in the case of bespoke or customised products. In these cases, delivery may take up to 40 (forty) working days from the date of receipt of payment (except in cases of force majeure).
7.3 The delivery terms are purely indicative. In the event of failure to comply with the terms set out in paragraph 7.2, the Customer will have the right to terminate the contract and I.G.G. srl will be required to refund all amounts already received under the Contract.
8. GUARANTEE FOR NON-COMPLIANT PRODUCTS
8.1 The Seller provides the statutory guarantee of conformity, in accordance with the articles 128 to 135 of Legislative Decree no. 206 of September 6, 2005 (the Consumer Code).
8.2 Under said guarantee, the Seller shall be liable for nonconformities existing at the time of delivery of the goods and which become apparent within 2 (two) months of delivery.
8.3 In order to take advantage of the guarantee, the Customer, under penalty of forfeiture, must report any defects of the product purchased to the Seller within 2 (two) months of discovery. The action aimed at acknowledging any defects not wilfully concealed by the Seller expires, in any case, within twenty-six months from the delivery of the goods; the Customer, called upon for the execution of the Contract, may, however, always exercise the rights referred to in article 130, paragraph 2, of Legislative Decree no. 206 of 6 September 2005, provided that the nonconformity has been reported within two months of its discovery and before the expiry of the period referred to above.
8.4 In the event of a nonconformity reported within the established time limits, the Customer may choose to ask the Seller to repair the goods or to replace them, in both cases free of charge, unless the remedy requested is objectively impossible or excessively expensive compared to the other. The Customer may also choose to request an appropriate price reduction or termination of the Contract in one of the following situations:
a) repair and replacement is impossible or excessively expensive;
b) the Seller has not repaired or replaced the goods within a reasonable period following the request;
c) the replacement or repair previously carried out has caused significant inconvenience to the Customer.
8.5 In order to benefit from the guarantee of conformity, the purchase documents of the product should be kept and submitted. For more information on the legal guarantee of conformity for consumers, please consult the Consumer Code in force in Italy.
8.6 All costs for the return of defective products shall be borne by the Seller.
9. RIGHT OF WITHDRAWAL
9.1The Customer has the right to withdraw from the Contract concluded with the Seller, without giving reasons, within 14 (fourteen) working days from the day on which the Customer or a third party, other than the carrier and indicated by the Customer, acquires physical possession of the goods.
9.2 In order to exercise the right of withdrawal, the Customer must inform I.G.G. srl of his/her decision by means of an explicit declaration sent by e-mail or registered letter with return receipt. (for addresses/numbers, see the contact details in clause 11).
9.3 In order to comply with the deadline, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period indicated in art. 9.1.
9.4 When exercising the right of withdrawal within the terms referred to in paragraphs 9.1, 9.2 and 9.3 above, the Customer is required to return the goods by post or courier or to deliver them to I.G.G. srl. at the address indicated in point 11, without undue delay and in any case within 14 (fourteen) days from the date of sending of the communication notifying withdrawal from the Contract. The time limit indicated in this paragraph shall be deemed to have been met if the Customer returns the goods before the expiry of the 14 (fourteen) day period. The costs for returning the goods will be borne by the Customer.
9.5 The Client shall only be liable for the decrease in value of the goods resulting from handling the goods, with the exception of the procedure necessary to establish the nature, characteristics and functioning of the goods.
9.6 The right of withdrawal and refund are subject to the following conditions:
- Products returned must be returned complete and undamaged;
- Products returned must not have been used, worn, washed or damaged;
- Products returned must be returned in their original, undamaged pack, complete with all original packaging (including boxes, accessories, identification tags, etc.), the transport document and invoice.
9.7 If the right of withdrawal is exercised without complying with the above-mentioned procedures (e.g. beyond the 14 days provided for by law or without having followed the return instructions), the Customer shall not be entitled to a refund of the sums already paid to the Seller; however, s/he may re-obtain, at his/her own expense, the products in the condition in which they were returned to the Seller. Otherwise, the Seller may keep the products, in addition to the amounts already paid by the Customer for their purchase.
9.8 The right of withdrawal may not be exercised for products made to measure or customised at the customer's request.
10. REFUND TERMS AND CONDITIONS
10.1 In the event of withdrawal, subject to verification that said right has been exercised correctly, all payments made by the Customer to I.G.G. srl will be refunded to the same, including standard delivery costs (and with the exception of additional costs for Customers who choose a type of delivery other than the least expensive standard delivery offered by the Seller), without undue delay and in any case no later than 14 (fourteen) days from the date on which I.G.G. srl. has received the notice of withdrawal.
10.2The refund may, however, be suspended by I.G.G. srl., at its discretion, until receipt of the goods or until the Customer provides proof of shipping for the return of the same, if earlier.
10.3 The aforementioned refunds will be made using the same means of payment used by the Customer for the initial transaction; in any case, the Customer will not incur any costs as a result of the refund.
Via Corso Garibaldi, 36 – 36071 Arzignano (VI) Italy
Tel. 0444 026149 – Fax. 0444 026053
(switchboard operative from Monday to Friday from 8:30 a.m. to 12:30 p.m.)
12. COMMUNICATIONS TO THE CUSTOMER
12.1 The Customer acknowledges, accepts and agrees that all communications, notifications, attestations, information, reports and any other documentation on the operations performed, referring to the purchase of products, are sent by I.G.G. srl. to the e-mail address indicated by the Customer at the time of the order. This information may be downloaded to a durable medium in the manner and within the limits provided for on the Website.
14. APPLICABLE LAW, RESOLUTION OF DISPUTES AND JURISDICTION
14.1 These GCS and the individual sales contracts to which they will be applied are governed by Italian law, with the exclusion of any multilateral or bilateral international convention.
14.2 Any disputes relating to the validity, interpretation and application of these GCS or to the existence, validity, interpretation, execution and termination of individual sales contracts will be assigned to the exclusive jurisdiction and competence of the Court of Vicenza (Italy), unless such provision cannot be applied due to mandatory rules in force in the Customer's country of residence.
14.3 The Customer is also entitled to use the online dispute resolution procedure available at http://ec.europa.eu/consumers/odr/
15. AMENDMENTS AND UPDATES
15.1 These GCS may be amended or modified at any time. The new GCS will be effective from the date of publication on the website. Therefore, the Customer will be asked to accept only the GCS in force at the time of purchase.
15.2 The GCS applicable to each contract concluded through the Website are those in force on the date the purchase order is sent and accepted by the Customer through the electronic procedure provided on the Website.