GENERAL CONDITIONS OF SALE
GIVEN THAT
These general conditions of sale govern the sale of products through the website www.xseverance.com, owned by GRAFICOM of Ferrucci Sandro – via Genova 6 / ab – 56012 Fornacette (PI) – ITALY – graficomitalia@pec.it, hereinafter indicated as “Supplier”
The sale of products by third party vendors will be governed by the terms and conditions of sale applicable from time to time.
The Supplier invites the customer to read carefully these General Conditions of Sale before proceeding with any purchase. By making any purchase, the customer will fully accept these General Conditions of Sale. The sales contracts relating to the www.xseverance.com website are considered concluded when the purchase order made by the customer arrives (by clicking on the “Confirm Order” button). The customer, with the electronic transmission of his purchase order, declares to have read and accepted these general conditions of contract and undertakes to observe and respect them in its relations with the Supplier.
EVERYTHING WE PREVENT YOU AGREE AS FOLLOWS
1. CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 Purchase procedure:
If you want to buy one or more products shown on the site, these can be selected one at a time, adding them to the cart. Once you have selected all the items to be purchased, the customer can close the cart and submit the order by clicking on the “Proceed to payment” button after selecting the “I have read and accept the terms and conditions of sale” box.
After clicking on the “Proceed to payment” button, a summary page of the selected products and their price will appear and you must enter your personal data for the delivery of the selected product.
Proceeding, by clicking on the appropriate button “Go to shipping methods”, you can select different options (with the related costs) of delivery.
Proceeding, by clicking on the appropriate button “Continue with the payment methods”, you can enter your billing address (if different from the delivery address of the goods purchased).
Proceeding, by clicking on the appropriate button, you will be redirected to the PayPal site where you can make the payment and, therefore, complete the order and the transaction.
1.2 The order will then be considered as a contractual purchase proposal of the customer addressed to the Supplier for the products listed, considered each individually. Upon receipt of the order, an e-mail will be sent automatically to the customer to take charge of the order (e-mail confirmation order) which, however, does not constitute acceptance of the purchase proposal. With the sending of the Order Confirmation Email, in fact, the Supplier only confirms that he has received the order and has submitted it to the data verification process and the availability of the requested products. The contract of sale with the Supplier will end only when a separate e-mail of acceptance of the purchase proposal will be sent to the customer, which will also contain information regarding the shipment of the product and the expected date of delivery (E-mail Confirm order). In the event that the order is processed via multiple shipments, the customer will be able to receive several separate order confirmation emails. The customer may cancel his order freely before receiving the Order Confirmation E-mail, provided that the order has not already been prepared for the shipping process. In this case you will not be charged. However, the right of withdrawal is subject to the terms and conditions set forth in the following art. 2.
1.3 The issue of the fiscal receipt relating to an order will be sent to the customer in the Dispatch Confirmation Email.
2. PAYMENT AND DELIVERY OF PRODUCTS
2.1 The customer can make the payment due by choosing one of the following methods listed.
Payment by credit card: In the event that the customer intends to make the payment by credit card, he can use the payment procedure with PayPal, suitable to ensure the confidentiality of data provided by customers. For any information and further legal agreements, please refer to the website www.paypal.com.
Payment with PayPal account: For any further information and legal agreements, please refer to the website www.paypal.com.
Payment by bank transfer in advance.
2.2 Shipping and delivery:
The product purchased, together with the relative order. The Supplier warrants vuta, will be delivered by courier to the address specified by the customer at the time of the start of the shipment procedures of the goods within 14 working days from the date of receipt of confirmation of the transaction.
3. RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES
3.1 Right of withdrawal: the customer has the right to withdraw from the order, without giving any reasons, within 14 days from the day on which he received the ordered product (or the last product, lot or piece in case of goods, lots or multiple pieces delivered separately), in the following ways:
The customer must communicate – by registered mail or certified e-mail – to the Supplier, the exercise of the right of withdrawal;
in order to exercise the right of withdrawal, it is necessary that the aforementioned communication be sent before the expiration of the 14-day period and that the product is returned by post or courier to the Supplier;
will be reimbursed, by bank transfer to the coordinates indicated by the customer in the communication of withdrawal or through the procedures provided by the website www.paypal.com, by the Supplier all payments received in relation to the product for which the right of withdrawal has been exercised (excluding shipping costs incurred for the return of the return) within 14 days from the day on which the Supplier has received the communication concerning the exercise of the right of withdrawal. The Supplier may withhold the reimbursement until he has received the returned product. The customer will have to bear the direct costs for the return of the products. The customer can be held responsible for the diminution of the value of the goods resulting from a handling of the goods (other than that necessary to establish the nature, characteristics and functioning of the goods).
3.2 Exceptions to the right of withdrawal: the right of withdrawal does not apply in the case of:
the supply of sealed goods which are not suitable for being returned for hygienic reasons or related to health protection and which have been opened after delivery or in the case of the supply of products which, after delivery, are inseparably mixed with other goods;
supply of tailor-made or clearly personalized goods;
supply of goods that risk deteriorating or expiring rapidly.
3.3 Return policies: all products purchased on the www.madcowtshirt.com website may be returned within 30 days of delivery provided they are intact, unused or damaged. Sealed products will only be accepted if the coating film and / or the packaging is intact. The products must be returned by post / courier and properly packaged.
In these cases only the price paid for the purchase will be refunded. The shipping costs incurred for the return of the item will not be reimbursed. The risks arising from transport and the return costs will be the sole responsibility of the customer. These provisions are additional and do not affect your rights deriving from the law, nor the right of withdrawal within 14 days described above.
4. PRICES AND AVAILABILITY
4.1 Information on the availability of products for sale are listed on the website www.xseverance.com, as well as on the presentation page of each product. It should be noted that the estimated delivery and delivery times of the products are purely indicative and it is not possible to fully rely on them. Once the order is received, you will be notified by e-mail if some of the products ordered are not available.
4.2 If, due to mistakes or other inconveniences, the price indicated on the website is lower than the correct price of sale of a product, the customer will be contacted to check if he still wants to buy the product at the correct price, otherwise the order can not be accepted.
4.3 If the correct price of a product is lower than indicated on the site, the customer will be charged only the correct lower price and the product will be sent equally.
5. CUSTOMS
5.1 If the goods ordered on www.xseverance.com were to be delivered outside Italy, the customer will be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be charged to the customer. The Supplier has no control over these costs and can not predict the amount. Customs policies vary considerably from country to country and therefore the customer should contact the local customs office for further information. The customer is required to be aware of the fact that, when placing orders on the site, he is considered as an importer and is therefore required to comply with all the legislation and regulations of the country in which the goods will be shipped and received.
6. WARRANTIES OF PRODUCTS SOLD AND LIMITATION OF LIABILITY
6.1 The warranty regime on the products sold by the Supplier differs according to whether the purchaser is a “consumer” or a “professional” in accordance with Directive 1999/44 / EC concerning “certain aspects of sales contracts and guarantees concerning consumption”.
6.2 If the customer acquires as a “consumer”, he / she benefits from the legal guarantee of conformity to which the seller is bound by law on any goods sold (“Legal Warranty”). The Legal Warranty guarantees the good from defects of conformity compared to the contract of sale. In accordance with the law, in case of applicability of the Legal Warranty, the customer will be entitled to the restoration without charge of the conformity of the goods by repair or replacement, or, if this is not possible, a reduction of the purchase price or termination of the contract . The Supplier then answers for lack of conformity if the same occur within two years from the date of delivery of the goods. The customer will still have the burden of reporting the lack of conformity within two months from its discovery, by registered mail or certified e-mail to the Supplier.
6.3 The Supplier will not be liable for any non-substantial differences between the purchased goods and their illustrative images and text descriptions published on www.xseverance.com.
6.4 Notwithstanding the case of willful misconduct or gross negligence, the Supplier is solely responsible for any direct and foreseeable damage at the time of conclusion of the contract of sale. The Supplier is therefore not responsible for any losses incurred, loss of earnings or any other damage that is not an immediate and direct consequence of the breach or that could not be foreseen at the time of the conclusion of the contract of sale. The Supplier is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products for sale on www.xseverance.com.
7. CHANGES TO THE GENERAL CONDITIONS OF SALE
The Supplier reserves the right to modify the site, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions.
8. WAIVER
In case of default by the customer to these General Conditions of Sale, the failure by the Supplier to exercise the right to act against him, does not represent a waiver of action for the violation of commitments assumed by the customer.
9. MINORS
The Supplier does not sell products to minors. If the customer is under the age of 18, he can only use www.xseverance.com with a parent or guardian.
10. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are regulated and must be interpreted in accordance with Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The customer accepts, and the Supplier accepts in turn, also to submit to the exclusive jurisdiction of the Court of Pisa.
11. OUR CONTACTS
XSEVERANCE Trade Mark by GRAFICOM by Ferrucci Sandro with headquarters in via Genova 6 / a-b – 56012 – Fornacette (PI) – ITALY, graficomitalia@pec.it.