Sales Terms and Conditions

SALES TERMS AND CONDITIONS

a)The offer and sale of the CARRETTA trademark leather items and accessories on www.CARRETTAPELLE.COM are subject to the following General Sales Conditions

b) All CARRETTA brand items, purchased on www.CARRETTAPELLE.COM are produced and sold by CARRETTA VALERIO, sole proprietorship, registered at the Register of Artisans at no. 34907, VAT no. 00680690500, with registered office in Cascina ( PISA ), Via B. Genovesi no. 93.

c) Purchase operations are regulated by Legislative Decree no. 206 - 06.09.2005 (Italian Consumer Code) under which:
I)“Agreement for on-line selling” means a distance agreement, i.e. a legal transaction concerning goods and/or services, drawn up between a professional, in this case CARRETTA, with its on-line service offered on www.CARRETTAPELLE.COM, and, on the other side, a consumer, through a distance system of sale, organized by the professional who, for the purposes of the said agreement, uses only distance communication technology known as the internet;
II) “professional” is the physical or legal person who performs within his/her entrepreneurial or professional business or a middle-man;
III)the “consumer” is the person of age who is not acting for business or professional reasons.

ART. 1 ACCEPTANCE OF THE GENERAL SALES CONDITIONS

a)All contracts will be finalised through the www.CARRETTAPELLE.COM internet website where the customer will be able to carry out the purchase of the chosen item, carefully following the given instructions and procedures.
b) These general sales conditions are an integral and essential part of the sales agreement, for this reason they must be carefully read by the customer before finalising the purchasing procedure. Sending in the order implies that conditions have been thoroughly understood and completely accepted.
c) The general sales conditions can be updated and modified at any time by CARRETTA. The company will give the information by updating the relevant sections of the web site and the customer undertakes to print and keep these pages.
d) When sending in the purchase order by internet, the customer unconditionally accepts and undertakes to respect the general sales conditions in all its relations with CARRETTA, including the payment conditions listed here-below, and declares to have accepted all the indications received.

e) CARRETTA does not feel bound by general conditions different from these, if not previously agreed upon and accepted in written form.

ART. 2 PRICES AND PURCHASING 

a) The prices indicated for all the items on display in the website www.CARRETTAPELLE.COM, and which are the offer available to customers, according to art. 1336 Italian Civil Code, are inclusive of VAT (Value Added Tax) and any other sale tax.
b) The total cost inclusive of shipment and transport will be clearly indicated and visible before the order is confirmed.
c)The purchase agreement will be finalised after the on-line personal data request form is fully filled out and confirmation of purchase is made; the purchase is subject to receipt of payment.
d)The customer may pay the ordered items by using one of the listed on-line payment systems.

ART. 3 DELIVERY

a) CARRETTA will deliver the ordered items to a courier of their choice, who will deliver to the customer at her/his specified address, therefore completing the delivery art.54 Legislative Decree 205/06, i.e. 30 days starting from the day after the order was submitted by the customer to the professional process.
b)CARRETTA will do their best to ship orders within 10 working days and in any case, the purchased items will be delivered by the terms under. CARRETTA will not be responsible for any delay in delivery or non-delivery due to Act of God or chance.

c) Upon receipt of the item, the customer must check and make sure that the delivered item conforms to the order made. After said examination, and excepting the right of cancellation and refund policy, as in point 8, the customer will sign the delivery receipt.

To enable the company to process the order and activate this agreement, the customer must register and fill out the form requesting the personal data; requested data is necessary to carry out the order and filling out the online form will automatically authorise CARRETTA to communicate said non-sensitive data (residence, telephone no.) to couriers and/or forwarding agents used by the company to deliver the purchased items and enable them to carry out the delivery.

ART. 4 PRODUCT AVAILABILITY

a)The customer will be able to purchase the items from the www.CARRETTAPELLE.COM online catalogue based on the quantities available in the warehouse. The data base of the available items will be updated every 3-4 days. Should the item purchased on www.CARRETTAPELLE.COM not be available in the warehouse and should the company not be able to supply it within the terms set by art. 54 Legislative Decree. 205/06, CARRETTA undertakes to refund the customer (following written communication as set by art.54 Legislative Decree 205/06, comma II) of all expenses incurred and cost of the item supplied, by bank transfer, as soon as possible (within 30 days at the latest).

ART. 5 RESPONSIBILITY

a)CARRETTA will not be responsible for inefficiencies caused by force majeure i.e.; accidents, explosions, fire, strikes and/or lockouts, earthquakes, floods and other similar events that may completely or in part prevent the contract from being carried out by the agreed deadline.
b) CARRETTA will not be responsible towards any party or any third party for damages, losses and costs incurred following the non execution of the contract for the reasons listed above, in that the customer has a right to be refunded only for the price paid.

c) CARRETTA is not responsible for any deceitful and illegal use of credit cards, cheques and other means of payment, that may be carried out by third parties, when paying for purchased goods.

d) In none of the purchasing steps will CARRETTA be able to view the customer’s credit card number. Under a protected connection, the number is sent directly to the banking services who manage the transaction.
ART. 6 GUARANTEES AND ASSISTANCE FEATURES

1. CARRETTA produces and sells leather products and accessories that carry the CARRETTA trademark and makes high-quality products; however, if ever the ordered products are defective it is the purchaser’s responsibility to send a written complaint (via email) within 10 days of when the defect is found or it will be considered void.

2. In order to request a replacement the purchaser must make the appropriate claim by following the indicated procedure for the right to cancel the contract and CARRETTA, after receiving the essential product code, can authorise the re-entry of the product for inspection. Any risks in the transportation of the merchandise will be the sender’s responsibility. No shipments will be accepted that are sent “freight collect” unless otherwise agreed upon with the vendor. If the claimed defect is found CARRETTA will carry out the agreed replacement as well as make a reimbursement for the shipment cost, within a reasonable period of time. CARRETTA reserves the right to charge the customer with eventual expenses sustained in checking the product and shipping it back, if the product shows no defects, declared on the date of shipment, differently from the customer ‘s claim.

3. in order to facilitate the procedures stated above, the customer must contact CARRETTA via email with the product number (e-mail : info@carrettavalerio.com - info@carrettapelle.com )

ART. 7 THE CUSTOMER’S OBLIGATIONS

1. Once the on-line purchasing process is concluded, the customer will commit to and be responsible for printing and holding a copy of these general conditions, having examined and accepted them as a mandatory purchasing step, as well as the specifications of the product to be purchased, completely satisfying the conditions stated in art. 52 and 53 of the law 205/06;

2. it is severely prohibited for persons under the age of 18 to place an online order.

3. it is severely prohibited for the customer to provide false /invented, and/or made-up data in the registration phase necessary for activating the contract procedure and other relevant notifications; personal data, address, telephone number and email must be only the customer’s personal data and not those of a third party or imaginary ones.

4. it is especially prohibited to provide the data of third parties; CARRETTA reserves the right to legally prosecute any violation in the interest and protection of all its customers.

5. The customer will not hold CARRETTA responsible for any errors on fiscal documents that were errors made by the customer, who is responsible for accurately inputting data.

ART. 8 RIGHT OF WITHDRAWAL AND COMPLAINT

1. Under the provisions of Art. 64 of the legislative decree 205/06 the purchaser can exercise the right of withdrawal and return the received product, according to the following terms and conditions.

2. If the purchaser is for any reason not satisfied with the purchase, he/she has the right to withdraw from the stipulated contract within 10 days of the invoice date.

3. The right of withdrawal is regulated according to law if the customer-purchaser (or an individual that does not purchase merchandise for his/her own profession, or does not purchase indicating a VAT number on the order form) has the right to withdraw from the purchase contract for any reason. In order to exercise this right the customer must send written notification to CARRETTA within 10 working days from the merchandise delivery date. This written notification must be sent by certified post with acknowledgement of receipt addressed to: CARRETTAPELLE di Valerio Carretta - Via B.G enovesi 93 -56021 CASCINA – PISA

4. Customers who buy using a VAT number cannot exercise the right of withdrawal.

5. The purchased merchandise must be undamaged and returned in the complete original packaging.

6. The shipment is the responsibility of the customer until the proof of receipt arrives at our warehouse; CARRETTA will not answer for any damages or stolen/lost merchandise shipped without insurance.

7. Concerning f), the legislative decree 205/06 states that the will to withdraw can be communicated in advance via fax, telegram and email, as long as it is confirmed by certified post with receipt of acknowledgement within 48 hours. L.D. 205/06 also states that returns must take place no less than 10 working days from when the merchandise is received. The address for returns: CARRETTAPELLE - Via B. Genovesi 93 - 56021 CASCINA – PISA; Terms and conditions for reimbursement of the amount paid: following the exercise of the right of withdrawal: according to D.L 206/05 the reimbursement must take place within 30 days of receiving the notification of withdrawal thus the deadline will take effect from the time the notification of withdrawal is received and not from the time the merchandise is received. The purchaser has the right of withdrawal without any penalties and is only responsible for the expense of returning the product and not the first shipment which is the responsibility of the outfitter.

8. Unless there are other replacement expenses for damage found to the original packaging, CARRETTA will reimburse the customer for the entire amount paid within 14 days of the arrival of the goods, through a reversal of the total credit card charges or via bank transfer. If a bank transfer is to be made, the customer will quickly provide the data of the bank account where the reimbursement should be sent (Cod. IBAN – account number of the individual on the invoice).

9. When the right of withdrawal lapses

The right of withdrawal completely lapses, for lack of the intactness of the merchandise (packaging and/or contents), in the cases where CARRETTA verifies:

• Partial use of the good and consumable materials

• Absence of the outer packaging and/or the original inner packing;

• Damage to the product not caused during shipment

• In the abovementioned cases, CARRETTA will return the product to the sender and charge him/her for shipping. Customers making purchases with a VAT number cannot exercise the right of withdrawal.

l) The purchaser who wishes to change the size or colour of a product can place a re-order.

ART. 9 PAYMENT METHODS

1. Filling out the space found on the banking system’s payment website, the purchaser and/or customer authorises CARRETTA to use the credit card to charge the total amount of the purchase indicated “online”. The entire process will take place via a protected line directly connected to the bank responsible for handling the online payment services. CARRETTA has no access to this line.

2. If the purchaser activates the right of withdrawal, as stated in the contract conditions here, the total to be reimbursed will be credited by bank transfer.

ART. 10 DISPUTE RESOLUTION CLAUSE

1. CARRETTA has the right to terminate the stipulated contract notifying the purchaser and/or customer with the justified reasons; in this case the customer will have the right to receive only the previously paid amount.

2. The obligations assumed by the customer in art. 7 of these conditions (customer obligations), as well as the customer’s guaranteed payment by means stated in art. 2, are essential so that in the said agreement, the customer’s non-compliance of just one of the said obligations will cause the termination of contract rights as per art.1456 Italian Civil Code, without legal declaration, unless CARRETTA exercises the right to legal action for damages.

1. Every dispute concerning the application, execution, interpretation and violation of the stipulated online purchase contracts on the www.carrettapelle.com website is subject to Italian jurisdiction; for what is not therein expressed, these general conditions make reference to the norms stated in the Civil Code, as well as the L.D. 205/06.

2. For any dispute between the parties regarding this contract the competent court will be in the purchaser’s residential district; all other disputes will go exclusively to the Court of Pisa.