PRODUCTS AND IMAGES ON OUR WEBSITE
Any use of the images contained on the website ASTRIDAMIA.COM, not authorized by our written permission, will be prosecuted according to law.
For any information please contact us: email@example.com
TERMS AND CONDITIONS
Tommaso Valeriani e-commerce general terms and conditions of sale.
Goods object of the present General Terms and Conditions of Sale are sold by Tommaso Valeriani, owner of www.astridamia.com website, having its registered office in Via dei Mari, 42/44 – 53047 Sarteano (SI), Italy, registered at the Siena Chamber of Commerce, number REA: SI-151319, hereinafter named Astridamia.
VAT identification number and tax id number: VLRTMS78E04I445F – 01477250524
Please feel free to contact us with any questions you may have or for further details at the following e-mail: firstname.lastname@example.org.
Art. 1 : Definitions and object of the contract
“Online sales contract”: sale agreement concerning the Products offered for sale on www.astridamia.com website, stipulated between the Supplier Astridamia and the Purchaser (“Purchaser”: consumer, person who physically makes the purchase ruled by present agreement, for purposes not related to his professional or commercial activity). With the present Contract respectively the Supplier sells and the Purchaser buys throughout Internet, goods advertised and offered on Website www.astridamia.com.
Art. 2 : Online sales contract conclusion and validity
2 . 1 The contract between Astridamia and the Purchaser will be only stipulated throughout access of the Purchaser to www.astridamia.com website in which, by following the specified procedures, he will have the possibility to purchase the goods and to stipulate the sales contract as specified at Art.1
2 . 2 The online sales contract is concluded when the Purchaser has filled in the Order Form, accepted the present general terms, given consent to the purchase by making the online subscription and by filling in the form attached to the electronic catalogue on www.astridamia.com. The form needs subsequently to be sent. The Order Form can be displayed on a Order Summary page. Inside the Order Summary page all details of the Purchaser and his order will be displayed, as well as the data of the parties, the price of each item, shipping costs, payment terms and methods, delivery address. Price does not include possible freight costs for non-Italian Countries.
2 . 3 Astridamia will confirm by e-mail to have properly received the order of the Purchaser. The e-mail will be sent at the Purchaser e-mail address, it will report hour and date of the order implementation and a “Purchaser Number Order”, that should be used in every further communication. The message will contain all the data given by the Purchaser, that should verify their exactitude and promptly communicate any error to Astridamia.
2 . 4 Orders can only be canceled by email the day before the date of shipment. In case of cancellation please send an e-mail with your order number at: email@example.com.
2 . 5 Each order will be shipped with a FISCAL RECEIPT, included in the box. Enterprises that need an INVOICE can send a request to firstname.lastname@example.org, with all the informations (in addiction to PEC MAIL or RECEIVER CODE), and the order number.
Art. 3 : Payment methods
All payment made by Purchaser is only accepted if made by one of the methods listed in “payment” section on the Website:
– PayPal, a secure system used around the world. You can pay either by credit card or through your PayPal account. Payment is made through PayPal safe server. During the purchasing procedure Astridamia never gets any information or data about the Purchaser’s credit card. Information and data about the Purchaser’s credit card will directly be transmitted to the Website of the bank that executes the transaction. Astridamia is never responsible for any fraudulent or improper use of credit cards during the payment transaction. Refunds to Purchaser may be made by Astridamia to your PayPal account in the manner provided by PayPal. Astridamia is not responsible for delays and/or damage caused during repayment.
– Credit Card. Payment is made through Stripe safe server. During the purchasing procedure Astridamia never gets any information or data about the Purchaser’s credit card. Information and data about the Purchaser’s credit card will directly be transmitted to the Website of the bank that executes the transaction. Astridamia is never responsible for any fraudulent or improper use of credit cards during the payment transaction. Refunds to Purchaser may be made by Astridamia using Stripe account in the manner provided by Stripe. Astridamia is not responsible for delays and/or damage caused during repayment.
– Advance Wire Transfer (for special orders and countries not included in the destination list). The advance wire transfer is accepted as an alternative payment method, and the order will be handled within three working days after receiving the confirmation of the credit. The Purchaser shall make the payment within three days of receipt of the email confirming the receipt of the order and send a copy of the bank transfer at Astridamia by email at email@example.com within four working days of receipt of the e-mail confirming the receipt of the order. The purpose of the bank transfer must contain: 1) holder of the order; 2) order reference number; 3) the date of the order.
Payment details for wire transfer:
SWIFT CODE: BPPIITRRXXX
BANK NAME: ISTITUTO BANCOPOSTA IMPRESA ON-LINE
CURRENT ACCOUNT HOLDER: TOMMASO VALERIANI
Art. 4 : Shipment & delivery
4 . 1 Astridamia will deliver ordered products with international express couriers Poste Italiane to all of the countries included on the destination list. Goods will be shipped within 3 (three) working days upon receipt of payment on our bank account. Delivery is at your address, with transportation costs charged of Purchaser included in the order, excluding duties and taxes of the State of destination (customs duties and taxes in the destination country, for non-Italian Countries, are paid by Purchaser in the Country of destination).
4 . 2 If we are not able to deliver your order in time (within three working days from receipt of payment, as paragraph 4 . 1) we will promptly advise the Purchaser. A few days of delay are to be considered as possible and do not constitute a reason for the Purchaser to exercise the right of withdrawal. Notwithstanding the term of 30 (thirty) days from receipt of the order, the time schedule for delivery of the goods to be regarded as indicative.
4 . 3 Delivery costs will be evaluated and specified when the Purchaser will put its address, during the purchase procedure, before the Purchaser confirmation of the order. Shipping costs are shown in the specific section.
4 . 4 For the delivery of the goods requires the presence of Purchaser or its representative at the address indicated in the order. The courier will deliver the goods at the place specified in the order.
4 . 5 Upon delivery of the goods by the courier, is required to check by Purchaser:
– that the number of packages delivered corresponds to that indicated on the transport document;
– that the packaging is not damaged or altered, including the sealing materials.
Any damage to the packaging and/or the mismatch in the number of packages should be immediately notified at the courier. Once signed the slip, the Purchaser shall not make any objection on the external characteristic of the delivered.
4 . 6 There is no telephone notice to the Purchaser by the courier. In case of absence of the Purchaser, the courier will leave notice to be contacted for delivery. In case of failure, the order will be canceled due to the impossibility of carrying out the delivery. Astridamia will notify the cancellation at the Purchaser by e-mail. The costs incurred for the attempted delivery and cost of return shipment of the goods at Astridamia will be borne by the Purchaser who has not collected the goods.
4 . 7 If we are not able to deliver your order in time due to unavailability, even temporarily, we will contact promptly with the Purchaser. The amount already paid by the Buyer shall be refunded as soon as possible, but no later than 30 (thirty) days from the receipt of the order purchase (see Art. 6 . 4).
4 . 8 Astridamia realizes a secure package for the shipment of its products all over the world. Items are generally packed in a sturdy cardboard box and a inside packing.
Art. 5 : Prices
5 . 1 All sale prices displayed on www.astridamia.com are in Euros and constitute a public offering, in accordance with Article 1336 of the Italian Civil Code.
5 . 2 We specify that all the prices displayed on the website already include italian VAT rate (22% of the price). If present, freight costs and other possible additional costs, even if not included in the price, will be evaluated and specified during the purchase procedure, before the Purchaser confirmation of the order and will also be specified in the Order Summary page (see paragraph 4 . 3).
For delivery to countries not included in the purchase process, please send an e-mail us for a quote at firstname.lastname@example.org (see Art. 3 – Advance Wire Transfer).
5 . 3 Price does not include possible customs duties costs for non-Italian Countries, that the Purchaser must be pay directly at his country.
5 . 4 Astridamia reserves the right to change prices at any time, of course, keeping prices unchanged relative to the order confirmations already sent.
Art. 6 : Product availability
6 . 1 Astridamia ensures via the use of electronic instruments to process and fulfill the order within the time indicated. Product availability will be confirmed through the acceptance of your order and the conclusion of the contract. In case of wrong approval Astridamia will communicate to the Purchaser the cancellation of the order within 24 hours without any compensation to the Purchaser.
6 . 2 Astridamia will confirm by e-mail to have properly received the order of the Purchaser, as Art. 2 . 3.
6 . 3 The Purchaser can only purchase the products showed “available” in the electronic catalogue at the moment of submitting the order as they are described in the information sheet. The picture associated to the product information sheet can slightly differ from the product itself and its characteristics. Therefore we trust in the Purchaser’s awareness that items ordered will never be exactly like the samples (products could have slight variations compared to photos). We don’t accept claims about this reason. Any irregularities or small differences between the object in the picture and the item shipped are not considered defects .
6 . 4 The word ‘available’ is purely indicative because of the possibility of multiple purchases at the same time by multiple users. For this reason Astridamia reserves the right, once received the order, to check the availability of the goods and, failing that, to promptly notify the non-acceptance of the order sent. No responsibility can be attributed to Astridamia.
Astridamia reserves the right to cancel the order when there are unexpected such as to make it impossible to execute the same, subject to reimbursement of the amount paid (see Art. 4 . 7).
Art. 7 : Limitations of liability
7 . 1 Astridamia is not responsible for any inefficiency caused by exceptional circumstances (force majeure) or by a third party, shipping agents included. If the order cannot be implemented in the expected time, Astridamia is not responsible for it and it will not respond in any way for any loss/theft or damage of goods returned with uninsured shipping. It is not responsible for any inefficiency or malfunction due to Internet use and out of its control.
7 . 2 Astridamia is also not responsible for any damage, loss and additional costs for the Purchaser due to the unsuccessful implementation of the contract for reasons that are not attributable to Astridamia. Astridamia is in no way liable for any loss or damage, whether direct or indirect, caused to the Purchaser by the purchased products, excluding, however, the manufacturer’s responsibility under law. In any case, the liability of Astridamia, for indirect or direct damage caused by the purchase of the product or, in any way connected or derived from the sale of the same and/or the purchase agreement, shall not exceed the total amount of the item.
7 . 3 Astridamia is not responsible for any third party fraudulent or improper use of credit cards, cheques, and other payment methods used to buy its products.
Art. 8 : Guarantees and Refunds
8 . 1 Astridamia guarantees that the products comply with European Union and Italian applicable laws. If the Purchaser notices an evident default in the products, he should inform Astridamia as soon as possible by e-mail at the address email@example.com and in any case never any later than 14 (fourteen) business days after the delivery of the goods.
8 . 2 Refunds and returns. Astridamia guarantees that it will replace or refund (according to the procedures referred to in Art. 9 . 7) all the products defective, broken or incorrectly shipped, justifying the responsibility of the company.
Statement on product “dJAM”quality: dJAM has a polycarbonate base, a robust and smooth material, but it is left with “machine finishing”, just to soften the plastic appearance and to give a natural and pleasant look. The rare and minuscular defects of the surface are therefore normal and expected. Application of the stickers, if selected, is manually performed, so we can’t guarantee a medium error range inferior to 0,5 mm.
If a Purchaser chooses to return an item for product manifest defect, not indicated above, he/she must specify the nature of the defect and its precise location. Damages resulting from the incorrect use of a product are not guaranteed. Replacements and refunds are subject to technical verification by Astridamia.
Please note. The costs for merchandise returns will be free of charge only in the cases indicated above and, especially in the case of product defect, once the item has been checked and the problem confirmed by our professional staff. If the merchandise is returned for any other reason, shipping costs will be detracted from the Purchaser’s refund.
8 . 3 Procedure for defective/mistaken item returns: the Purchaser must inform the company by e-mail (firstname.lastname@example.org) , including a photo, indicating the date of the package received, the invoice number or the number of another sales document and the description and location of the defect. Astridamia will refund and/or replace the item without charges for the Purchaser (just for manifest defect).
Art. 9 : Right of withdrawal and cancellation of the contract
9 . 1 The Purchaser has the right to withdraw in accordance with Legislative Decree n. 50 dated 15/01/1992 and Legislative Decree n. 185 dated 22/05/1999. This right is due only to those clients who, according to the aforementioned decrees, fit the definition of “consumer”, described as those persons acting without entrepreneurial or professional aims.
9 . 2 The Purchaser, if he or she is a “consumer”, may withdraw from the purchase contract and return the purchased goods without giving any reason and without any penalty within and no later than fourteen business days after the delivery of the purchased good.
9 . 3 The Purchaser may exercise the right of withdrawal within the indicated time period, by sending a recorded delivery (with notification of receipt) to the Supplier at the following address: Tommaso Valeriani, Via dei Mari, 42/44 – 53047 Sarteano (SI), Italia. The letter must be sent within the stipulated time period also by e-mail, as long as it is confirmed with a registered letter with acknowledgment of receipt mailed within the next 48 hours. (See example withdrawal form at the bottom of this page).
9 . 4 The goods must be returned intact and in perfect condition (with original invoice) within and no longer 14 (fourteen) business days after the date of delivery to the Purchaser, to the following address: Tommaso Valeriani, Via dei Mari, 42/44 – 53047 Sarteano (SI), Italia. The validity is based on the date of delivery to the post office or to the shipping agent.
9 . 5 The direct costs for returning goods at Astridamia will be paid by the Purchaser if he/she decides to withdraw from the purchase contract. The Purchaser has to send back the goods according to the conditions mentioned before, with insured parcel in a free port. We don’t take back parcels cash or carriage forward.
9 . 6 Astridamia will not respond in any way for any loss/theft or damage of goods returned with uninsured shipping.
9 . 7 As the Legislative Decree provides, once controls on the correct use of Right of Withdrawal are completed, Astridamia will reimburse to the Purchaser (within 30 days of receipt of the notice of withdrawal, but only after you have received the goods and verified the good condition of these) the payed amount for the purchase of goods (PayPal account in the manner provided by PayPal or by Stripe or bank transfer), deducting just the transport costs and the duties eventually payed.
9 . 8 We remind at the Purchaser that the aforementioned decrees only provide for the reimbursement of amounts greater than Euro 25,82 (twentyfive/82) not including accessory costs, and the Purchaser is required to give the advance notice.
9 . 9 Astridamia in case of forfeiture of the right of withdrawal, will deliver, on request, the purchased good back to the Purcheser, charging to him the new freight costs
9 . 10 Cancellation of the contract. The contract is automatically cancelled (Art. 1456 of Italian Civil Code) with out-of-court settlements on disputes if one of the parties does not fulfill even one of the following obligations that have a fundamental character: Purchaser obligations, as specified at Art. 10 . 1; guarantee of payment from the Purchaser, as specified at Art. 3; correct fulfillment of Astridamia obligations, as specified at Art. 4. Exception is made in case of unforeseeable circumstances or force majeure.
Art. 10 : Obligations of the Purchaser
10 . 1 The Purchaser undertakes to pay the price of the purchased good without delay and with regards to the methods indicated in the contract.
10 . 2 The Purchaser undertakes, once the on-line purchase procedure is concluded, to print and to conserve this contract.
10 . 3 Moreover, the information reported in the present contract has already been read and accepted by the Purchaser before to confirm the purchase. In fact, by making an order with one of the different possible methods, the Purchaser declares to have read all the indications given during the purchase procedure and to accept all the general conditions and payment conditions.
Art. 11 : Communication and Claims
All written communication to the Supplier as well as all possible claims, will be considered as valid only if sent to the following address: Tommaso Valeriani, Via dei Mari 42/44 – 53047 Sarteano (SI) Italia, or sent by email to email@example.com.
The Purchaser indicates in his registration form his residence or domicile, his phone number or email address to which he wants to receive all communication from the Supplier.
Art. 12 : Dispute
In case parties intend to proceed with legal action to the Court, the in charge Court is the one of the consumer’s residence or domicile in Italy, in accordance with Art. 33, clause 2, letter u) of Italian Legislative Decree 206/2005. In all other cases, the competent court is that of Montepulciano, Siena, Italy.
Art. 13 : Applicable Law
The present contract is ruled by the applicable Italian Law. For what not clearly expressed, please refer to applicable law in terms of relationship and similar foreseen in present contract, and in particular to Art. 5 of Rome Convention dated 1980. In accordance with Art. 60 of Italian Consumers’ Code, the regulation contained in Part III, Title III, Section I of Italian Consumers’ Code is expressly referred here.
Present contract cancels and replaces all previous agreement, pact, negotiation, made in both written or spoken form, between the parties and concerning the object of present contract.
WITHDRAWAL FORM (no later than fourteen business days after the delivery)
Sender (purchaser’s name and address)
Via dei Mari 42/44
53047 – Sarteano (SI) – ITALY
Recorded delivery (with notification of receipt) (also by e-mail: firstname.lastname@example.org)
Object: exercise of the right of withdrawal and cancellation of the purchase contract n°
I declare that I want to withdraw from the contract in question, stipulated through your website www.astridamia.com, dated __ / __ / _____ about the purchase of the following products:
(specify the product)
I will send you the goods received by courier, at my charges