1.2. The user of the Website (hereinafter “CLIENT”) must read the Terms and Conditions before using the services. By agreeing to the Terms and Conditions, the Client accepts to be bound by them.
1.3. The Terms and Conditions are compliant with the provisions of Articles 102 and following of the Decreto Legislativo of 06/09/2005 n. 206, (hereinafter “Consumer Code”), as modified by D.lgs. n. 21/2014, as well as the regulation prescribed by D.lgs. 70/2003, of Italian law, that implements directive 2000/31/CE relative to legal aspects of the information society services in the internal market, with particular reference to electronic commerce.
2.1. The Client who wishes to purchase the products offered on the Website (hereinafter “PRODUCT” or “PRODUCTS”) and offered through it, will be able to create a Personal Account (hereinafter “PERSONAL ACCOUNT”) by providing the information requested for registration.
2.2. The Client declares that all data and information provided for registration and to create the Personal Account is true and correct and exclusively referred to their own person and/or business.
2.3. Upon Client registration, the Company will activate the Personal Account through which the Client will be able to use the e-commerce services of the Website.
2.4. The Client must ensure that their ID and password will be kept confidential. The password is strictly personal and cannot be transferred to third parties. The Company is not liable for damages suffered by the Client as a consequence of illegal use of the access information from unauthorized third parties.
2.6. The Client is responsible for updating their personal information should they have any change. They will be able to modify such data online by logging into their Personal Account.
2.7. The Client can demand at any time the cancellation of their registration to the Website and all the data contained in their Personal Account, as required by privacy laws. More specifically, the cancellation will permanently remove the Personal Account and all information directly linked to it, including eventual data regarding payments methods, as long as legal obligations related to the registration are not present.
3.1. To proceed to making a purchase, the Client will have to select the chosen Articles and add them to the cart. They will then need to choose the shipping service, if more than one shipping option is available, and the payment method.
3.2. The Articles which are added to the cart cannot be considered reserved. If they no longer were available at checkout, a message stating that the product is not available will be shown.
3.3. The order, and therefore the contract between the Company and the Client, will be concluded only once the Client, after making the correct payment for the price of the Articles added to the cart and the shipping costs when present, will receive on their contact email address an order confirmation email (hereinafter “ORDER CONFIRMATION”) which will include: order number, order date, ordered products, products sizes and quantities, shipping costs, shipping and billing information, additional notes.
3.4. After receiving the Order Confirmation, the Client will be able to amend their order (for example: quantity, size or products ordered) and the shipping information (for example: shipping address, unit, apartment etc.) only before the order has been prepared for dispatch, by writing an email to email@example.com.
3.5. After the order has been shipped, the Client will no longer be able to demand to amend the order and its shipping information.
3.6. The Company reserves the right not to ship the order if the payment has not been received. In this case, the Company will inform the Client.
3.7. The Company reserves the right, at its sole discretion, not to ship an order – after issuing a refund for the payment – in case the order was placed by a Client with whom the Company had a dispute related to the payment of a previous order, or a Client who refused delivery for a previous order without providing appropriate motivation, or who poses any kind of risk to the Company.
4.1. All prices set for each Article sold on the Website are expressed in Euros, US Dollars or Pound Sterling and include VAT for all orders shipped within the European Union.
4.2. The final price shown at checkout, before proceeding to the payment, will include shipping costs, which depend on the shipping destination selected by the Customer.
4.3. The Client is aware that shipments outside the European Union may be subject to import taxes and duties, which must be paid by the Client.
4.4. If the Client refuses delivery of a shipment that has already been processed by customs, the Client remains responsible for import taxes and duties, which will be deducted from the refund amount. The cost of the shipment to send the order back to the Company will also be deducted from the refund amount.
4.5. Unless expressly stated otherwise, at the sole and absolute discretion of the Company, shipping costs, generally borne by the Client, may be free in case the Company offers a free shipping and/or free exchanges and returns promotion. In this case, the Client will still be responsible for all import taxes and duties which may be levied for orders shipped outside the European Union.
5.1. Clients can pay for their orders using the following payment methods:
a. Credit Card. In this case payment can be made through Visa, Visa Electron, MasterCard and American Express.
c. PayPal which adheres to international standard PCI-DSS (Payment Card Industry Data Security Standards) and makes use of a proven technology against cybercrime.
5.2. The Company commits itself to ensuring the security and confidentiality of the data transmitted through the Website.
6.1. The main features of each single Article (such as composition, fit, shapes, colors etc.) are described in its product page. The Client undertakes to read the described features, as the products shown on the Website may not exactly correspond to the real product, in terms of image and colors due to the browser or the type or monitor used. For this reason, the Company cannot be held liable if the Client does not read the product features.
6.2. The Company declares that the features of the Articles as described on the Website correspond to those of the Articles that will be order and shipped.
6.3. All Articles are covered by legal warranty as per art. 128 and following of Decreto Legislativo of 06/09/2005 n. 206, c.d. “Consumer Code” of Italian law. To take advantage of the legal warranty, the Client must keep the transport document found in the parcel and formally communicate to the Company their intention to take advantage of the warranty by writing an email to firstname.lastname@example.org.
6.4. The possibility for the Client to take advantage of the legal warranty on the Articles shall begin on the date of delivery of the Articles, without prejudice to the consumer rights as per art. 128 and following of the Consumer Code.
7.1. Save in exceptional cases as, by way of example, if some Articles are stored in a warehouse which is not the shipping warehouse, orders will be shipped no later than 48 working hours after the order has been placed. Made to order Articles will be shipped within 4 weeks from placing the order, as stated on the product page.
7.2. After the Articles are shipped, the Client will receive a shipping confirmation email that will include the shipping tracking information.
7.3. The Client is aware that in order to facilitate the delivery of the Articles, when placing their order, must provide with the highest precision their shipping information (for example: shipping address, name on intercom, apartment, floor etc.)
7.4. In case it was not possible to collect or deliver the shipment due to circumstances beyond the control of the Company or the shipping Courier, the shipping costs for returning or shipping again the purchased Articles will be borne by the Customer.
7.5. With reference to shipments outside the European Union, the delivery can be extended from 2 to 4 weeks. Any shorter or different delivery time will be stated on the product page. The Company cannot be held liable for delivery delays directly attributable to the shipping Courier, or to unforeseeable events. The Company cannot be held liable for delays attributable to events outside of its control such as those due to custom clearance and inspection.
7.6. Delivery of ordered Articles is subject to product availability. In case of temporary unavailability of the Articles when the order is placed, the Clients will be informed of the estimated delivery date. In case an Article ran out of stock, and if this information was not provided on the product page or at checkout, the Client will be immediately informed and the payment will be fully refunded.
7.7. If an Article is available for pre-order or if it is made to order, the payment method chosen by the Client will be charged when the order is placed.
7.8. In case the Articles show evident transportation damages at delivery, the Client will need to promptly contact the Company to inform it of the presence of such damages.
7.9. Failure to submit a claim or to contact the Company has no consequences on the warranty rights provided by law. However, they are indispensable to the Company to file a claim with the courier or the shipping insurance company.
8.1. As per art. 52 of the Consumer Code, the Client has the righ to withdraw an order (hereinafter “RIGHT TO WITHDRAW”). To exercise the Right to withdraw, the Client will have to inform the Company no later than 14 days after receiving the Articles, by filling out the return authorization request form. The exchanges and returns procedure is illustrated below.
8.2. The Client must return the Articles, within 14 days as provided by law, in the same conditions in which they received them. The Articles must be returned new, unused, with all tags and labels attached and in their original packaging to avoid damages during transit. The Right to withdraw is not applicable to returns that do not meet the above-mentioned criteria.
8.3. The Articles must be shipped to ACLL S.r.l., Via San Benedetto 37, 09129 Cagliari, Italy.
8.4. Within 10 days from receiving the Articles, upon verification of their integrity, the Company will refund the exact amount (excluding shipping costs) paid by the Client to purchase the Articles on the same payment method used for the initial transaction.
8.5. It is understood that, unless a promotion applied to the order or the Article or Articles were faulty, only the price paid to purchase the Article or Articles will be refunded, but not the original and return shipping costs as well as import taxes and duties, which are borne entirely by the Client.
8.6. Transportation risks are borne by the Client who exercises their Right to withdraw if the return is not shipped using the waybill provided by the Company. In case of loss or damage of the shipment, the Company will not be obligated to make a refund.
9.1. The Client is aware that for hygienic and health reasons (as per art. 59 letter e) of D. Lgs 21 of 21/02/2014 of Italian law), the Company does not accept returns and exchanges of Articles that show signs of use and are not returned in their original packaging. Articles such as briefs and bodies must be tried on over the Client’s own underwear, to avoid contact with the skin.
9.2. The company will refund and/or exchange the purchased Articles, only if the following conditions are met:
a. In case an Article is faulty, it will be exchanged only with the same Article which was originally ordered.
b. In case the Client ordered the wrong size, the Article will be exchanged with the same Article originally ordered in the new size requested by the Client, subject to availability of the Articles. In case an Article is not available, the Client can request a refund for the price they paid, excluding shipping costs. If an Article is not immediately available, the Company will inform the Client of the estimated delivery time; the Client can choose to wait for the exchange or to request a refund for the price they paid, excluding shipping costs.
9.3. It is understood that, to make a return, the Articles must be visibly intact, must not be soiled or used and must be shipped in their original packaging to the following address: ACLL S.r.l. – Via San Benedetto 37, 09129 Cagliari – Italy. Exchanges can be made within 14 days from receiving the Articles that the Client wishes to exchange, upon verification of their integrity.
9.4. The Company does not offer exchanges and does not accept returns for:
10.1. The Company is the exclusive owner of registered and unregistered trademarks present within the Website, on the Articles and their packaging, as well as of the graphic design, photographs and audiovisual material present with in it (hereinafter “CONTENTS”) which, therefore, cannot be used without prior consent of the Company.
10.2. The Contents are protected by national and international intellectual property laws, including copyright laws, patent and trademark laws, and all other international laws and treaties in relation to intellectual property.
11.1. These Terms and Conditions are regulated and interpreted in conformity with the applicable Italian laws.
11.2. All disputes arising from this Contract, including those relating to its validity, interpretation, execution and termination, will be preliminarily submitted to an attempt for amicable conciliation between the Client and the Company by sending a proposal of conciliation at the email address email@example.com or at the PEC email address firstname.lastname@example.org.
11.3. The conciliation will be informal. In case the attempt for conciliation was unsuccessful within a period of 60 days from the date when the proposal of conciliation was sent, the disputes will be submitted to the exclusive jurisdiction and sole venue of the Courts of Cagliari – Italy, without prejudice to the application of the regulations prescribed by the Consumer Code, when applicable, on the subject of competent court.
11.4. Should any of the provisions of these Terms and Conditions become ineffective, the validity of the other provisions will not be affected.
11.5. The European Commission provides an online dispute resolution platform (ODR), accessible via the following link: http://ec.europa.eu/consumers/odr/.
12.1. The Client can send to the Company any communication or request for information regarding these Terms and Conditions, unless otherwise stated, at the email address email@example.com or at the PEC email address firstname.lastname@example.org or via registered letter at ACLL S.r.l. – Via San Benedetto 37, 09129 Cagliari – Italy.
13.1. The Company reserves the right, at its sole discretion, to modify or amend any of the provisions of the present Terms and Conditions. The Clients shall read the Terms and Conditions from time to time to verify the presence of modifications. Accessing the Website after such modifications of the Terms and Conditions implies their acceptance. The Company may offer, in the future, new services and/or features. Such new services and/or features are subject to the present Terms and Conditions and subject to the derogations specified by the Company.