TERMS AND CONDITIONS OF SALE

 

1. Scope of application

 

1.1 The offer and sale of products (the “Products”) on www.danielecampanella.eu (the “Site”) are governed by the following General Conditions of Sale. The items purchased on www.danielecampanella.eu are products sold and marked by trademarks (the “Brands”) owned by – or licensed to Daniele Campanella, registered office in Via Bernardo Mattarella 63 / b – 90011 Bagheria, registered in the Register of the Companies of Palermo, tax code number CMPDNL85E03G273P, VAT number IT06760410826.

1.2 The sale of Products through the Site is intended solely and exclusively for customers who qualify as consumers pursuant to the Consumer Code, by which we mean the natural persons who purchase Products from the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. carried out (the “Consumers”). Therefore, Daniele Campanella reserves the right, exercisable at its sole and unquestionable discretion, not to process orders from subjects other than Consumers.

1.3 The General Conditions of Sale do not regulate the supply of services and / or the sale of products by third parties other than Daniele Campanella, which may be present on the Site or accessible via links, banners or other hypertext links, for which Daniele Campanella assumes no responsibility.

1.4 It is strictly forbidden for minors (anyone under the age of 18) to place an order on the Site.

 

2. Creating an account

 

2.1 To proceed with the purchase of the Products on the Site, the Customer can create a new account on the Site, access the Site with their authentication credentials already obtained following the creation of an account in their name on the Site.

2.2 To create a new account on the Site, the Customer must correctly fill in the fields of the registration form, inserting all the data requested therein and provide any further consents and confirm the registration.

2.3 For the purpose of creating an account on the Site, the Customer must choose a password which he is required to keep confidential. The customer’s username, on the other hand, will coincide with the e-mail address indicated by the customer during registration.

2.4 Following registration on the Site, the Customer will receive an e-mail confirming registration, at the address indicated in the registration phase.

2.5 The Customer can cancel his account at any time by sending an email to the Company at info@danielecampanella.eu Upon receipt of this communication, any contractual relationship between the Customer and the Company – without prejudice to purchase orders already sent before the cancellation request – will be considered resolved and the User’s username and password will be deleted.

 

3. Purchase as a “guest”

 

3.1 The Customer can purchase through the Site also as a guest, without creating an account on the Site. In this case, the Customer must correctly fill in the fields of the appropriate form on the Site, entering all the data requested therein (by way of example and not exhaustive: name, surname, billing and delivery address, e-mail address and telephone number).

 

4. Conclusion of the purchase contract

 

4.1 These General Conditions of Sale are an integral and essential part of the purchase contract concluded between you (the “Customer”) and DANIELE CAMPANELLA®.

4.2 The electronic sending of the order by the Customer implies full knowledge of these General Conditions of Sale and their full acceptance.

4.3 If the Customer does not agree with one or more terms contained in these General Conditions of Sale, the Customer is requested to refrain from making purchases on the Site.

4.4 At the time of sending the order, the Customer will be warned that such forwarding implies the obligation to pay the indicated price.

4.5 The purchase contract with DANIELE CAMPANELLA® is concluded when DANIELE CAMPANELLA® receives, electronically, the Customer’s order, after verifying the correctness of the data contained therein. The order form will be archived for the period of time necessary for its fulfillment and in any case in accordance with the law and will be available through the “My Account” section (if the Customer has created an account).

4.6 At the time of completion of the order, the pre-contractual information required by current legislation will be provided, unless already indicated in these General Conditions of Sale, and specifically: (i) an adequate summary of information on the main characteristics of the ordered Product, (ii) the relative price (including applicable taxes or duties), (iii) the means of payment that can be used to purchase the Products, (iv) the methods of delivery and the expected delivery date of the Products, (v) i related shipping and delivery costs and (vi) the conditions for exercising the right of withdrawal.

4.7 Once the purchase contract is concluded, DANIELE CAMPANELLA® will process the Customer’s purchase order by sending an email containing a summary of the same. However, this email does not constitute automatic acceptance of the order itself. In fact, DANIELE CAMPANELLA® reserves the right to refuse orders from Customers with whom there is an ongoing dispute relating to the payment of a previous order, who do not give sufficient guarantees of solvency, or which are incomplete or incorrect, or in case of unavailability of the Products. In these cases, DANIELE CAMPANELLA® will inform by e-mail that the contract is not concluded and that DANIELE CAMPANELLA® has not carried out the purchase order.

 

5. Unavailability of products and force majeure

 

5.1 If one or more Products presented on the Site are no longer available or on sale at the time the order is sent by the Customer, it will be the responsibility of DANIELE CAMPANELLA® to promptly notify the Customer and in any case within 30 (thirty) days to starting from the day following that on which the order was received, any unavailability of the Products ordered. In the event of payment of the price, DANIELE CAMPANELLA® will immediately refund the amount advanced by the Customer.

5.2 No responsibility can be attributed to DANIELE CAMPANELLA® for delayed or non-delivery due to force majeure (including, by way of example and not exhaustive, any fact or circumstance that is unforeseeable, inevitable and independent of the will of DANIELE CAMPANELLA® such as e.g. blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, telecommunication network suspensions, wars, lockouts, strikes, epidemics, authority measures, pandemics, etc.) or unforeseeable circumstances. DANIELE CAMPANELLA® will not be liable to Customers for damages (direct or indirect), losses or costs suffered as a result of the delayed or non-execution of the contract for the sale of the Products on the Site due to the aforementioned force majeure causes, as the Customer is entitled only to the refund of any price paid in case of impossibility of delivery of the Products purchased.

 

6. Product quality and prices

 

6.1 The Products for sale on the Site are only new items, equipped with the characteristics and high quality standards typical of DANIELE CAMPANELLA® clothing and which the Customer can reasonably expect.

6.2 The essential characteristics of the Products are presented on the Site within each Product sheet. The Customer acknowledges and expressly accepts that the images and colors of the Products offered for sale on the Site may, however, not correspond to the real ones due to the alterations in color and / or light caused by the Internet browser or monitor used. The Customer therefore renounces to raise exceptions in this regard.

6.3 All sales prices of the products displayed and indicated on the Site include VAT and any other tax that may be applicable in relation to the sale, including customs taxes, import taxes, taxes and customs brokerage fees. , if applicable based on the destination of the order.

6.4 The cost of shipping and transport, or other additional costs, if any, will be clearly indicated and displayed before completing the order.

6.5 All Products come with an identification tag attached with a disposable seal. This tag and the relative seal are an integral part of the Product and must not be removed or damaged under penalty of forfeiture of the right of withdrawal.

6.6 The prices, the Products for sale on the Site and / or their characteristics may be subject to change without notice. In any case, before sending the order, the Customer is invited to check the final sale price. If during the Product selection procedure on the Site, the Customer finds that the price of one or more of the Products he intends to select is clearly lower than the one normally applied (without prejudice to any discounts and / or promotions in force at that time), due to an obvious technical problem with the Site, the Customer is requested not to complete their purchase order and to report the aforementioned technical problem to Customer Service by accessing the “Contact Us” section of the Site. On the other hand, an obvious error reported in the price present on the Site compared to the commonly known price of the chosen product, it entails the right for DANIELE CAMPANELLA® not to confirm the shipment and to proceed with an immediate refund of the value of the purchase paid, without the Customer being able to make any objections in this regard.

 

7. Payments

 

7.1 For the payment of the price of the Products and the relative shipping and delivery costs, the Customer may follow one of the methods indicated in the “Payment Methods” section of the Site and / or in the order form. The information contained in this section form an integral and substantial part of these General Conditions of Sale and, therefore, are deemed to be fully known and accepted at the time the order is sent. However, the payment services available do not have differentiated or additional costs.

7.2 The Customer is solely responsible for the data entered, therefore he guarantees to use only credit cards for which he has legitimate availability.

7.3 In case of payment by credit card, the payment procedure will take place via a secure connection connected directly to the bank that owns and manages the online payment service, which DANIELE CAMPANELLA® cannot access. In particular, the financial information (for example, the credit / debit card number or its expiry date) will be forwarded, via encrypted protocol, to the banks that provide the related remote electronic payment services, without third parties being able to no way to access it. Furthermore, such information will never be used and / or stored in any format (including electronic) by DANIELE CAMPANELLA®. In any case, the credit card will be charged at the time of shipment of the purchased product, except, of course, the right of the Customer to have the amount re-credited in any case of non-fulfillment by DANIELE CAMPANELLA®, or failure execution of the contract for any reason.

7.4 In case of choice of the PayPal or Klarna method, where provided, the Customer will be directed to the site of the aforementioned provider, where he will pay for the Products according to the procedure provided and governed by the same, and to the terms and conditions of the contract agreed between the Customer and the provider itself. The data entered on the provider’s site will be processed directly by the latter and will not be transmitted or shared with DANIELE CAMPANELLA®. DANIELE CAMPANELLA® is therefore not able to know and does not store in any way the data of the credit card connected to the Customer’s PayPal or Klarna account, or the data of any other payment instrument connected with these accounts. The total amount due will be charged by PayPal at the conclusion of the online contract while it will be charged by Klarna at the same time as the shipment of the purchased product. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement in favor of the Customer will be credited to his PayPal account or Klarna account. The credit times on the payment instrument linked to this account depend exclusively on PayPal and Klarna. Once the credit order has been placed in favor of this account, DANIELE CAMPANELLA® cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which the Customer must contact directly to PayPal or Klarna.

 

8. Shipping and delivery of products

 

8.1 The specific methods of shipment and delivery of the Products are detailed in the “Shipping and Delivery” section of this Site, which forms an integral and essential part of these General Conditions of Sale. The Site indicates the availability of the Products and the delivery times of the same, however, this information is to be considered purely indicative and not binding for DANIELE CAMPANELLA®, who assumes no responsibility in this regard.

 

9. Legal guarantee of conformity – returns for damaged, defective or incorrect products.

 

9.1 Pursuant to and for the purposes of the EU Directive 2019/771 of the Consumer Code (as defined below), DANIELE CAMPANELLA® guarantees the Customer that the Products will be free from design and material defects, as well as conforming to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. The application of any guarantee is excluded in case of use or washing of the Product that does not comply with those of the Product itself and / or with the instructions / warnings provided by DANIELE CAMPANELLA®, or reported in the reference illustrative documentation, in the tags or in the labels.

9.2 The Customer can report any defects and / or non-conformities of the Products, by sending the relative communication to the Customer Service, through the “Contact Us” section on the Site, with an indication of the defect and / or non-conformity found, as well as returning the Product to DANIELE CAMPANELLA®, by applying the pre-printed shipping label in the package received to the package used for the return, following the instructions already provided in the “Returns and Refunds” section for this purpose. DANIELE CAMPANELLA® will evaluate the defects and non-conformities reported by the Customer through the DANIELE CAMPANELLA® assistance service. The Customer acknowledges that, in the event of lack of conformity manifested or reported more than one year after delivery of the goods, he is responsible for proof that the lack of conformity already existed on the date of delivery of the goods.

9.3 In case of defects and / or non-conformity of a Product, the Customer will have the right to restore the conformity of the Product itself, by repair or replacement, or to alternative remedies in the cases expressly provided for by articles 135 and following of the Consumer Code. . The Customer who has received a damaged, non-compliant, defective or incorrect Product, can request its repair or replacement, or, where applicable, the alternative remedies provided for by the Consumer Code. Pursuant to and for the purposes of the EU Directive 2019 / 771 and art. 128 and ss. of the Consumer Code, the Products purchased through the Site are covered by the legal guarantee of conformity, which covers the lack of conformity of the Products existing at the time of delivery of the goods and which manifest themselves within two years from that moment.

9.4 If the non-conformity of the Product is ascertained and DANIELE CAMPANELLA® has undertaken to refund the Customer the price paid, the refund will be made, where possible, using the same payment method used by the Customer when purchasing the Product on the Site. or, alternatively, by bank transfer. In the latter case, it will be the Customer’s responsibility to communicate to DANIELE CAMPANELLA®, through the “Contact Us” section on the Site, the bank details to make the transfer in his favor and to ensure that DANIELE CAMPANELLA® is put in a position to be able to return the amount due.

9.5 As regards any damage caused by defects in the Products, the provisions of Directive 85/374 / EEC and the Consumer Code apply.

 

10. Right of withdrawal

 

10.1 As also specified in the appropriate section “Returns and Refunds”, the Customer has the right to withdraw from the contract concluded with DANIELE CAMPANELLA® for the purchase on the Site of one or more Products, without any penalty and without specifying the reason, within and no later than 14 (fourteen) days from the day of receipt of the purchased Products. However, it is not possible to change the garment chosen with another Product.

10.2 Before the expiry of the withdrawal period as determined above, the Customer can make the return request directly from the Site by filling in and forwarding the return request to DANIELE CAMPANELLA® following these instructions – or by means of another explicit declaration of his decision to withdraw from the contract , to be communicated to the Customer Service of DANIELE CAMPANELLA®, which includes the details of the purchase, the date on which it was ordered or received and the name and address of the Customer.

10.3 The shipping costs for returning the Products will be borne by the DANIELE CAMPANELLA® company if the Customer uses the shipping label that will be sent by email to the address indicated by the customer during the return request. This procedure will allow the DANIELE CAMPANELLA® company to pay the return costs directly to the courier and to check the position of the package at any time. In the event that the Customer instead of using a different courier to return the Products, the shipping costs will be at his expense, including the responsibility in case of loss or damage to the products.

10.4 It is understood that the following conditions will be necessary to exercise the aforementioned right of withdrawal:

– the Product must not have been used, washed, altered or damaged in any way;

– the identification tag must still be attached to the Product, intact and not damaged, with the disposable seal which is an integral part of the Product itself;

– the Product must be returned in the original intact packaging (except for opening) with which it was delivered;

– the Product must in any case be delivered to the shipper or to DANIELE CAMPANELLA® within 14 (fourteen) days from the date of receipt of the communication with which the Customer exercises the right of withdrawal.

10.5 Once the Product has been received, DANIELE CAMPANELLA® will carry out the necessary checks. In the event that the checks are concluded positively, DANIELE CAMPANELLA® will send by e-mail the confirmation of acceptance of the returned Products. The reimbursement of the sum paid by the Customer for the Products accepted in return by DANIELE CAMPANELLA® (with the exception of any additional costs deriving from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by DANIELE CAMPANELLA® itself ) will take place as soon as possible and, in any case, within 14 (fourteen) days from the date of receipt by DANIELE CAMPANELLA® of the communication with which the Customer exercises the withdrawal, without prejudice to DANIELE CAMPANELLA®’s right to withhold the price until you have received the Products back.

10.6 The reimbursement, where possible, by the same means of payment used by the Customer when purchasing the Product on the Site, or by bank transfer; in the latter case it will be the Customer’s responsibility to communicate to DANIELE CAMPANELLA®, through the “Contact Us” section on the Site, the bank details to make the transfer in his favor.

10.7 In accordance with art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the Customer has purchased tailor-made or customized products.

 

11. Communications

 

11.1 Any information on the Products and their sale can be obtained through the Customer Service. The Customer Service contacts are available in the «Contact Us» section.

 

12. Applicable law and competent court

 

12.1 Without prejudice to the application of the mandatory rules of European derivation to protect the consumer, these General Conditions of Sale are governed by Italian law and in particular by Legislative Decree 6 September 2005, n. 206 (Consumer Code) as amended by Legislative Decree 4 November 2021 n. 170, from its Chapter I “Of the rights of consumers in contracts” (as amended by Legislative Decree 21 February 2014, n. 21) with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.

12.2 For any dispute between the parties regarding this contract, the Court in whose district you have your domicile or residence will be competent; for all other disputes the Court of Palermo will be exclusively competent.

 

13. Modification and updating

 

13.1 These General Conditions of Sale may be modified from time to time at the sole discretion of DANIELE CAMPANELLA®, also in consideration of any regulatory changes. The amended General Conditions of Sale will be effective from the date of publication on the Site and will always and in any case be binding for the Customers starting from that date.

 

Text in force since 01.01.2022