Terms of service
The offer and sale of ICENONICE by Carolina Kostner products (the “Products”), manufactured and distributed by Sagester S.r.l. – via Marconi 35 36010 Zanè (Vicenza, Italy) Tax and VAT No. 03433300245, (“Sagester” or the “Vendor”), at the website www.icenonice.it (the “Website”) are governed by these general terms and conditions of sale (the “General Terms and Conditions”) Distance selling of these Products through the Website is carried out directly by Sagester as specified hereinafter in compliance with current national legislation and European Directive 2011/83/EU on consumer rights. Every Website user may request information of any kind from the customer services department by completing the form on the “Contacts” page. In addition, any user who has purchased Products from the Website may also receive information regarding orders and delivery, refunds and returning goods. It should also be noted that users may e-mail the Vendor direct at the following address firstname.lastname@example.org .
As regards any other statutory information, we recommend that the user consult the various sections of the Website covering each specific requirement.
- SALES POLICY
1.1 The Vendor offers the Products for sale at the Website and engages in the business of e-commerce solely with users who arrange to purchase Products through the Website and can be considered "consumers" (collectively the “Buyers” and, individually, “Buyer”). The term “consumers” applies solely to natural persons entering into a purchase agreement to fulfil daily needs unconnected with any business or professional activity in which they may be engaged, unlike a person entering into an agreement in the course of such business or for a related purpose who must be deemed a “professional”.
1.2 Should the user, a potential Buyer, not match the definition of "consumer", on the contrary, fitting the description of a professional and/or businessman who therefore fails to meet the requirements specified under clause 1.1 above, s/he is immediately asked to refrain from doing business with the Website.
1.3 In view of its sales policy, the Vendor reserves the right to refuse orders made by parties not matching the definition of "consumer" and/or, in any event, orders that are not in line with its sales policy and/or the provisions set out hereafter.
1.4 These General Terms and Conditions merely cover the goods offered, along with submission and acceptance of orders, relating to Products that Buyers have purchased at the Website (the “Orders”) and govern the relationship between the Vendor and every Buyer.
1.5 On the other hand, the General Terms and Conditions do not cover the provision of services or sale of products by parties other than the Vendor who may be visible at the Website through hyperlinks or banners, etc. Prior to submitting an order to purchase products and services of any type offered by such third parties, Buyers are advised to check carefully their terms and conditions of sale since the Vendor declines, as of this time, any liability for the provision of services or sale of products by such third parties and/or, in general, the carrying out of e-commerce transactions between Site users and such third parties.
- CONTRACT EXECUTION
2.1 Only adults with contractual capacity may place orders. In order to enter into an agreement with the Vendor to purchase one or more Products at the Site (the “Contract”), the Buyer shall complete a digital order form, that will be displayed to him or her immediately prior to Contract execution (the “Order”), and submit it to the Vendor electronically, following the instructions provided by the Contract wizard.
2.2 The Order shall contain brief details regarding the essential characteristics of each Product purchased, the price (including all applicable tax or duty) and delivery charges. The Contract shall be considered properly executed and binding once the Order has been received electronically by the Vendor and it has checked the correctness of all details provided by the Buyer.
2.3 Once received by the Vendor, the Order shall be filed in its database for the necessary processing time and, in any event, always in compliance with statutory requirements.
2.4 When about to place the Order, the Buyer shall be advised that its submission triggers the obligation to pay the stated price. Before submitting the Order, the Buyer shall be asked to check the details entered and correct any mistakes.
2.5 The Contract is executed in Italian. In the event of discrepancy with the General Terms and Conditions drafted in a language other than Italian and accepted by the Customer, the meaning and interpretation of the Italian language version shall prevail.
2.6 Upon execution of the Contract, the Vendor shall arrange for processing of the Order.
2.7 The Vendor may refuse to process orders that cannot give sufficient guarantee of solvency and/or are incomplete or incorrect or where the Products ordered are unavailable. In such cases, the Vendor shall advise the Buyer by e-mail, giving its reasons, that the Contract cannot be considered effective and it is therefore unable to accept the order. When Products offered on the Website are no longer available or on sale at time of the Buyer’s last visit to said Website or when submitting the Order, the Vendor shall arrange to advise that the Products ordered are unavailable, as quickly as possible and, in any event, within thirty (30) days as from the day after which the Order was submitted. In these cases, should the Buyer have already submitted the Order and paid the requested price, the Vendor shall arrange to refund the Buyer the sums that the latter has paid and the Contract shall be considered terminated. The Vendor shall have no obligation to reimburse the Buyer any other amount on whatever grounds.
2.8 In submitting the Order electronically, the Buyer accepts unreservedly and undertakes to comply with the provisions of these General Terms and Conditions in its dealings with the Vendor. Should the Buyer not agree with certain provisions of the General Terms and Conditions, s/he is requested to refrain from submitting the Order.
3. PRODUCT DESCRIPTION AND PRICES
3.1 Only original Products shall be offered for sale at the Website.
3.2 The Vendor shall not sell through the Website products that are used, irregular, defective and/or, in any event, of lower quality than the standards applicable to products similar to the Products in question and available for purchase.
3.3 The essential characteristics of each Product are specified at the Website on its “product data sheet”. Nevertheless, pictures and colours of the Products offered for sale at the Website may not exactly match the real ones for reasons beyond the Vendor’s control and, in any event, due to the effect of the Internet browser and/or viewing on the Buyer’s devices. As of this time, Sagester specifically declines all responsibility in this regard.
3.4 Product prices could be subject to change. The Buyer shall be responsible for checking the final sales price of the Product s/he intends to purchase before completing and submitting the Order form.
3.5 Should the Buyer exercise his or her right to cancel, the Vendor shall be entitled not to accept the return of the Products or give the Buyer a full refund for the purchase of Products that, when returned, are without their label and/or have suffered alteration to their essential and/or qualitative characteristics and/or been damaged in any way, worn and/or washed.
4.1 When paying the price of the Products and respective delivery charges, the Buyer may select one of the methods indicated on the Order Form. Under no circumstances shall the Buyer be charged fees exceeding the cost actually incurred by the Vendor for the chosen method of payment.
4.3 Product purchase price and delivery charges, as specified in the Order, shall be charged to the Buyer’s account at time of purchase.
5.1 For every order placed at the Website, the Company shall issue an invoice/receipt for the material delivered to be included with the package. The invoice details shall rely on the information provided by the Buyer when ordering.
Once the invoice has been issued, no changes can be made to the details it contains.
Buyers located outside the EU and Legal Entities should enter the relevant details and click on “Request invoice”.
- PRODUCT SHIPMENTS AND DELIVERY
6.1 Purchased products shall be delivered to the address that the Buyer has requested on the Order within 4/5 working days of its acceptance by Sagester and at the cost specified on the Website prior to submitting the Order. Shipping is handled by approved couriers. Delivery charges and times are subject to change for shipments made outside of Italian territory.
6.2 As regards requests for delivery to countries not belonging to the European Union, the recipient shall be liable for any customs duty/import charges. Before proceeding, we therefore recommend that the Customer contact the customs authorities of his or her country in order to ascertain import costs and restrictions.
6.3 The delivery times given by Sagester are for guidance only and any delay or multiple shipments shall not entitle the Buyer to refuse delivery or seek any form of compensation.
6.4 There is free shipping within Italy for orders exceeding 100 euro.
- RIGHT TO CANCEL
7.1 When an order is not to the Buyer’s satisfaction, he or she shall be entitled to exercise the right to cancel within 14 working days of receiving the shipment (the start date for these working days is based on proof of delivery). Products shall be returned in pristine condition.
7.2 A buyer wishing to exercise the right to cancel shall comply with the following conditions in order to obtain a refund of the purchase price:
- The request to return items shall be made by e-mail (email@example.com) a maximum of 14 working days after the delivery date. Failure to comply with this deadline shall result in the request being refused.
- Products shall be returned in a single shipment and, where possible, in their original packaging. The return of products belonging to the same order but sent back at two different times shall not be accepted.
- Products shall be returned in pristine condition and shall not have been used or damaged (see clause 3.5).
7.3 In order to exercise the right to cancel, the Buyer should send an e-mail to firstname.lastname@example.org . A returns request will be passed to our customer services department that will decide whether or not it can be authorised: authorisation will be confirmed by an e-mail enclosing the returns form and detailing the necessary procedure.
7.4 Upon receipt of the returned products, Sagester shall assess their condition and advise by e-mail whether or not the refund has been approved.
Sagester does not allow goods to be exchanged but will reimburse the cost of returned items.
7.5 The Buyer shall arrange, at his or her own expense, to send returns to the following address:
- Sagester S.r.l. -
Via G.Marconi 35
36010 Zanè (VI)
- ITALY -
7.6 A full refund of the total cost of the products shall be made within no more than 30 days of receiving the shipment. Refund times may vary according to the payment method utilised and more specifically:
Credit card: the time requested for a refund depends on the credit card issuer.
Paypal: the refund is sent direct to your Paypal account and should appear within a few days.
- GOVERNING LAW AND DISPUTE RESOLUTION
8.1 The General Terms and Conditions are governed by Italian law and more specifically by Italian Legislative Decree No. 206 dated 6thSeptember 2005 (the so-called Consumer Code) under Chapter I “Consumers contractual rights”, with specific reference to legislation covering distance contracts, and Italian Legislative Decree No. 70 dated 9th April 2003 on some issues concerning e-commerce.
- AMENDMENTS AND UPDATES
9.1 The Buyer accepts the General Terms and Conditions in the version published at time of purchase, also as regards the warranties given therein. In any event, the Vendor reserves the right to amend the General Terms and Conditions from time to time, including in order to take account of legislative changes; the updated version of the General Terms and Conditions shall come into force as soon as it is published on the Website.