This document contains the general terms and conditions under which users are offered the use of the e-commerce website www.arturogorlini.com which offers a choice of women’s shoes in step with fashion.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
Owner: ARTURO GORLINI (impresa individuale), with registered office in Corso Cavour 135 -VIGEVANO – (PV), Tax Code GRLRTR65P13L872V, VAT number 02790830182
Application: the e-commerce site arturogorlini.com
Products: the products provided to the user by the owner
User: any person who accesses and uses the Application
Consumer User: the natural person of age who concludes a contract for purposes unrelated to his entrepreneurial, commercial, craft or professional activity possibly carried out
Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
Detailed information on the offer of the Application
The application provides users with the ability to purchase footwear and accessories.
Scope of the Conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notices, information published or referred to, he cannot use the Application or related services.
Conditions can be changed at any time.
The applicable conditions are those in force on the date of transmission of the purchase order or request for the supply of a product.
Before using the Application, the User must carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to modify the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, at any time at its discretion, by communicating to the User, where necessary, the relevant instructions.
Purchase or supply request through the application
All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). Some errors, inaccuracies or small differences may emerge between what has been published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and / or requests for the supply of one or more Products through the Application are allowed to Consumer Users.
Purchases and / or supply requests are allowed to individuals only if they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by the parents or by the exercisers of parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and / or supply request, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or refuse the User’s order without the latter being able to complain or dispute anything for any reason and / or reason.
The contract for the sale or supply of the Products is considered concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contract proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will contain the order date. order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery times and costs, the operating methods the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his order, its confirmation and the Conditions.
Prices and payments
The price including VAT is indicated for each Product, if due. If the nature of the Product does not allow it to be calculated in advance, the methods of calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the delivery method chosen and / or the payment method used. If these expense items cannot be reasonably calculated in advance, there will be an indication of what expenses will be borne by the User.
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect the contracts already concluded before the modification.
The User undertakes to pay the price of the Product in the times and methods indicated in the Application and to communicate all the necessary data that may be requested.
The application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, owner’s name, password, etc.)
If these third party tools refuse to authorize the payment, the Owner will not be able to supply the Products and cannot be held responsible in any way.
The User who wishes to receive the invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User who declares and guarantees to be true will prevail, releasing to the Owner any broader indemnity in this regard.
Methods of delivery of the material Products
The material Products and / or digital goods provided on material support will be delivered to the address indicated by the User, in the manner and at the times chosen or indicated in the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms indicated in the order confirmation indicate the period of time normally required to deliver the Product from the moment of taking charge of the courier.
In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make supply impossible.
If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase within a maximum of 14 days from the date in which the Data Controller became aware of the refund request.
Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the package. In the event that there is obvious damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objections about the external characteristics of the Products delivered.
The Data Controller will not be liable to any party or third party for damages, losses and costs incurred due to the non-execution of the contract due to force majeure.
Right of withdrawal
The User has the right to withdraw from the purchase contract concluded with the Owner, without any penalty and without specifying the reason, within fourteen (14) working days from the date of receipt of the Products purchased on the Site. With the exercise of the right of withdrawal the ‘User cannot change the purchased Product with another Product (Article 52 and following of Legislative Decree 206/2005 Consumer Code).
To exercise the right of withdrawal, the User is required to notify the Data Controller of their intention to withdraw from the contract, by writing to firstname.lastname@example.org
The user can also use the form made available online in the application.
The user must return the products in their original “as new” condition.
The return costs will be borne by “ARTURO GORLINI”
The refund will be paid to the User provided that the Products have not been used, washed and are in the same condition in which they were delivered, with the original labels attached, complete with all parts and accessories and with the original packaging.
If the User exercises his right of return for all the Products included in the same purchase order, all the Products must be returned at the same time as the same shipment.
The Owner reserves the right to check the returned Products and refuse the return of Products that he does not deem compliant with the requirements indicated in the previous points.
A full refund (excluding shipping costs) will be provided on the payment card used for the purchase as soon as possible and in any case within 30 (thirty) days from the date on which the Holder confirmed receipt of the Products for the first time. . returned sent by the User, provided that the integrity conditions of the product and packaging have been respected.
If the User chooses not to use the Courier, the Owner recommends the User to make sure of the full value of the Product to be returned and to obtain and carefully keep the shipping receipt and its number.
The Products must be returned to the following address:
ARTURO GORLINI – CORSO CAVOUR, 135 – 27029 VIGEVANO (PV) ITALIA
Exclusion of the right of withdrawal of the Consumer User
The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to:
the supply of tailor-made or clearly personalized products
In cases where the right of withdrawal is excluded, the Owner will return the purchased Products to the User, charging the shipping costs.
Guarantee of conformity of the material Products for consumers
The legal guarantee of conformity is recognized, as required by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of “consumer goods”, as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, with the exception of i) goods subject to forced sale or otherwise sold by the judicial authority, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specified quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:
they are suitable for the use for which products of the same type are usually used
complies with the description made by the Owner and possesses the qualities of the goods that the seller has presented to the Consumer User as a sample or model
present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner , by the manufacturer or his agent or representative, in particular in advertising or on labeling
they are also suitable for the particular use desired by the Consumer User and which was brought to the attention of the Owner at the time of the conclusion of the contract and which the Owner also accepted for conclusive facts.
Any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within three months from the date of delivery of the Product must be reported within the month following the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within three months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After three months, the Consumer User must provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. In addition, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair caused considerable inconvenience to the Consumer User.
If the Consumer User intends to make use of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address email@example.com
The Data Controller will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.
Industrial and intellectual property rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating and / or pertinent to the Application and / or the Contents available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors. and are protected by applicable trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Application and / or the individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and Application Contents, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
Disclaimer of Warranty
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it has never interruptions or that it is error-free or that it is free of viruses or bugs.
The Data Controller will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application will not be accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failures, maintenance, repairs or for reasons entirely beyond the control of the Owner or for events of force majeure.
Limitation of Liability
The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the internet outside of its control or that of its suppliers.
The Owner will also not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any ancillary costs incurred. .
The Data Controller assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number credit cards, cardholder name, password, etc.)
The owner will not be responsible for:
any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the breach of contract by the Owner
incorrect or inappropriate use of the Application by Users or third parties
issuing incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry
In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.
The Data Controller cannot be held responsible for failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case , independent of his will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Data Controller will carry out every act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
Link to third party sites
The Application may contain links to third-party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the content of such sites / applications.
Some of these links may lead to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service provided by third parties will apply to individual services, for which the Owner assumes no responsibility.
Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the ‘User. Consumer to have recourse to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the code of civil procedure.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
Online dispute resolution for consumers
The Consumer User residing in Europe must be aware of the fact that the European Commission has created an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services entered into on the network in a non-judicial manner. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumatori/odr/ARTUA