GENERAL TERMS AND CONDITIONS OF SALE
The products purchased on eral55.com are sold directly Eral55 based in Piazza XXV Aprile 14, Cap 20124, Milan, Italy (hereinafter “We” “Us” “Our”).
1. Our Business Policy
1.1 We offer products for sale on eral55.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on eral55.com.
1.3 We reserve the right not to process orders received from users who are not "Consumers" and any other order which does not comply with Our business policy.
1.4 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on eral55.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions.
2. How to Execute a Contract with Us
2.1 To place an order for the purchase of one or more products on eral55.com, you must fill out the online order form and send it electronically to Us, following the relevant instructions.
2.2 The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs, and references to the terms and conditions for returning purchased products, in accordance with consumer protection legislation.
2.3 An order shall be deemed submitted when We receive your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form entering in your personal account or by checking your email inbox.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 After your order form has been submitted, we will process your order.
2.8 We may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that We have not carried out your purchase order specifying the reasons thereof. If the products displayed on eral55.com are no longer available at the time of your last access or once We have received your order form, We shall inform you of the unavailability of the ordered products within thirty (30) days from the day after We have received your order. If the order form has been sent and the price has been paid for items that are no longer available, We will refund the amount paid for those items.
2.9 By submitting an order form to Us, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with Us. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on eral55.com.
2.11 Upon submission of an order form, We shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
2.12 We would like to remind you that all items purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. We shall not be held liable.
3. Guarantees and Product Price Indication
3.1 We do not sell flawed products or products of lower quality than the corresponding market standards.
3.2 The main characteristics of products are shown on eral55.com on each product page. The products offered for sale on eral55.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.3 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.4 Orders made from a country site different from the one you are shipping to, or to addresses to which We cannot ship, will be automatically cancelled.
3.5 As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
3.6 All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care. In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
4.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by Us except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police.
5. Shipping and Delivery of the Products
5.1 You will find detailed information about shipping and delivery in the checkout page. We work with Mailboxes etc. that help Us finding the best solutions to ship you the products you want to purchase.
6. Customer Care
6.1 For any information please write to email@example.com.
7. Consumer Rights, the Cooling-Off Period, Exchanges and Returns of Products, in accordance with consumer protection legislation
7.1 In accordance with consumer protection legislation, you may exercise your right to return purchased products without incurring any penalty and without the need to provide any reason, by informing Us within fourteen (14) days from the date on which you received them from eral55.com. The right to return may be exercised by contacting our Customer Service at the email address: firstname.lastname@example.org. Please include in the request the Order Number, item(s) code(s), reason for return. To exercise your right contact:
Eral55 Telephone Number (+39) 02 6598829 in Piazza XXV Aprile 14, Cap 20124, Milan, Italy or email@example.com
You will receive a Returns Authorization (RA) Number, a short form to fill in, and the documents to attach to the package to return. The return shipping cost are not included. We will confirm you by email that your return has been accepted.
We will proceed to refund the credit card with which the payment has been made or your PayPal account (refund will be made within 30 days, or in line with the credit card policies).
The product has to be in the same conditions as it was received, appropriately packaged in its original box. Original tags of the item must not be removed. The item must not have been washed or damaged in any way.
The goods must be returned with the transport document (present in the original packaging), in order to allow Eral 55 to identify the Buyer (Order number, name, surname and address).
Return items must be shipped back to Us within fourteen (14) days from the date on which you informed Us of your decision to withdraw from the contract.
The return shipping costs are charged to the customer.
Any customs charges are always borne by the customer.
Eral 55 recommends that all returns are shipped via DHL using the codes provided by our customer service. If you wish to use a courier other than DHL you will be responsible for all shipping costs and there will be an additional charge of 10% of the total value of the returned goods.
7.2 In accordance with consumer protection legislation, the right to return is excluded in the event that you purchased:
- orders of tailored (We Will accept returns just for the fitting and then we will send the item back)
- personalized products
With reference to the above cases where the cancellation right is excluded.
8. Items returned because they are damaged, defective or incorrect
8.1 If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via re-paid return label using the Our approved courier (as indicated on the Return Form), or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in section 7.
8.2 You must notify Us of an error in respect of the products delivered or of a damaged or defective product within fourteen (14) days of receipt, if a product becomes faulty after the thirty (30) days please contact Customer Care to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 To return the products:
Please follow the procedure of art. 7.1
9.2 You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of eral55.com.
10. Governing Law
10.1 These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce. Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr. Save for compulsory provision of the law in favour of the “consumer”, any controversy arising from these General Terms and Conditions of Sale will be subject to the exclusive jurisdiction of the Court of Milan, Italy.
11. Amendments and updates
11.1 The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on eral55.com.