GENERAL CONDITIONS OF ONLINE SALE
In case of variation of the General Conditions of Sale, the General Conditions of Sale published on the website at the time the order proposal (hereinafter "Order Proposal") is sent by the purchaser of the Products (hereinafter "Customer") will be applied to the purchase made. It will be possible to check in the appropriate section of the Site any previous versions of the General Conditions of Sale, which can be saved and printed.
The Customer must read and accept these General Conditions of Sale before submitting the Order Proposal. The forwarding of the Order Proposal implies the full knowledge and express acceptance of both these General Conditions of Sale and what is indicated in the Order Proposal.
The Customer, by placing an order on www.conscyou.com declares to have read and accepted in full the conditions transcribed in this contract.
These general conditions of sale are governed by Legislative Decree no. 206/2005 (cd. Consumer Code) to which reference is expressly made. If the customer is a company or a legal entity holding a VAT number, will apply the rules of the Civil Code ex art. 1490 and ss.
Scope of online operations of www.conscyou.com
How the sale and purchase contract is concluded
The information contained in these General Conditions of Sale Online and the details contained in the Site do not constitute an offer to the public, but a simple invitation to formulate an Order Proposal.
The correct receipt of the order placed by the Customer is confirmed by conscyou.com through an e-mail reply, containing both the order confirmation and the shipping confirmation. The online purchase contract (hereinafter the "Contract") will be concluded only when the customer receives the Order and Shipping Confirmation ("Contract Conclusion Date"): from this moment on the Order Proposal will be called simply "Order".
The Client will receive via email, at the moment of the conclusion of the contract, a summary of the Order Confirmation and Shipment containing
the selected means of payment
mode and place of delivery and the relative shipping costs;
a reference to the conditions for the exercise of the right of withdrawal (see art. 6 and 7 of this contract);
The Seller may not process Order Proposals that do not provide sufficient guarantees of solvency or that are incomplete or incorrect, or in case of unavailability of Products. In these cases, within and not over 30 (thirty) working days from the day in which the Customer has transmitted the Order Proposal, conscyou.com will inform the Customer via email that the contract is not concluded and that the Order Proposal will not be followed up specifying the reasons. In this hypothesis the amount possibly already committed on the chosen means of payment will be released.
Although the Seller constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the Products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used. Consequently, the Seller shall not be liable for any inadequacy of the graphic representations of Products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
The selling prices of the products
The prices of the Products (hereinafter "Price(s)") and of the shipping costs (hereinafter "Shipping Costs") are those indicated on the Site and at the time the Order Proposal is sent.
Notwithstanding all efforts, it is not possible to exclude that for some of the Products present on the Site a price different from the actual one is indicated by mistake. It will be the Seller's responsibility to verify the correctness of the Prices before sending the Order Confirmation and Shipping Confirmation. If, due to technical problems, material errors or other inconveniences, the Price indicated on the Site should be lower than the correct selling price of the Product, the Customer will be contacted to verify whether he/she still wishes to purchase the Product at the correct price. In the event that the Customer does not wish to proceed with the purchase, the Order Proposal will be cancelled. If the price indicated on the Site is higher than the correct selling price of the Product, the Order will be carried out charging only the lower price.
Modalities of payment, conditions of use and payments
The Customer may purchase the Product/s by credit card and prepaid card.
The main credit cards and prepaid cards are accepted (for example: Visa, Mastercard, American Express, Apple Pay). Payment by credit card will be made without any additional charge. The customer who makes the payment confirms to be the owner of the credit card used. In the absence of these prerequisites will not be possible to proceed with the Order Proposal.
At the time of sending the Order Proposal, will be made only the commitment of the amount: the actual charge will occur only at the time of the Order Confirmation and Shipping. In the case in which it is not possible to carry out the debit of the amount, the Order Proposal will be automatically annulled.
It should be noted that the Seller is not able to know the information relating to the Customer's credit card, which is handled directly by the third party administering the payment. For this reason, the Seller will not have knowledge of such data, nor will it keep them. In no case therefore can the Seller be held responsible for the fraudulent use of credit and prepaid cards by third parties.
Prices are inclusive of VAT.
Prices and Currencies: The official currency of the site www.conscyou.com is the Euro. For countries that do not adhere to the Euro, the exchange rate depends on the rates applied by your credit card and the rates applied by the form of payment used. Payments and all monetary transactions are made in Euro. The prices and the exchange rates of other currencies have only an indicative value to help the user to have a better perception of the values. Product prices may be subject to updates. The user must always verify the accuracy of the final sale price before submitting the relevant order form.
VAT and Duties: For the countries adhering to the European Community, the price of the product is inclusive of VAT.
Shipping and delivery
At the conclusion of the preparation of the order, the customer will receive an informative e-mail confirming the execution of the order and entrust the same to the courier. As soon as the shipment has been taken over by the latter, you will receive an e-mail notification with all the details of the shipment (including the tracking number).
With reference to shipping data, conscyou.com will use as shipping data those indicated by the customer on the site www.conscyou.com at the time of purchase in the cart summary. The only valid data for the purposes of shipment will be those reported in the copy of the order for which the customer is required to check all the data reported in the copy of the order that will receive by email.
Neither conscyou.com, the individual firm "Conscyou di Vittoria Perino" nor its owner Mrs. Vittoria Perino can be held responsible for non-delivery or delayed delivery due to incorrect addresses, incomplete or without the useful information to identify the place of delivery.
Costs of consignment Italy: for an amount of expense equal or advanced to € 150,00 the customer will not have to support some cost of consignment that, therefore, it will be free. For an amount spent less than € 150.00 the customer will incur a shipping cost of € 5.50. It is understood that the shipping cost will be added to the amount of the product purchased on the site www.conscyou.com.
Shipping costs European countries (indicated in art. 1): for an amount of expenditure equal to or greater than € 200.00, the customer will not incur any cost of shipping, therefore, will be free. For an amount of expenditure less than € 200.00, the customer must bear a shipping cost of € 13.00. It is understood that the shipping cost will be added to the amount of the product purchased on the site www.conscyou.com.
Orders to and from Italy will be processed within the third working day following confirmation of payment. Orders are processed from Monday to Friday, with the following schedule: 8.30 - 13.30 / 15.00 - 18.30. Orders received by 08.30 am will be entrusted to the courier the same day. Orders received after 08.30 am will be included in the shipment of the next day. Orders placed during the weekend will be processed from the following Monday morning. Finally, if placed on a public holiday will be processed from the next working day.
If the delivery of the Product/s purchased should be made in the regions of Sicily, Sardinia and Calabria, the shipment will take place within 2 - 3 working days (48/72 hours) from the confirmation of payment. In the other regions of Italy the shipment will take place within 1 - 2 working days (24/48 hours) from the confirmation of payment.
Orders in other European countries will be processed within the sixth working day after payment confirmation. Orders are processed from Monday to Friday, with the following schedule: 8.30 - 13.30 / 15.00 - 18.30. Orders received by 08.30 am will be entrusted to the courier the same day. Orders received after 08.30 am will be included in the shipment of the next day. Orders placed during the weekend will be processed from the following Monday morning. Finally, if placed on a public holiday will be processed from the next working day.
Upon delivery of the product(s), the customer must carefully inspect the envelope or package before affixing a signature as proof of delivery of the shipment. If, for any reason, the package should arrive tampered with or if the adhesive envelope marker is not intact, the customer is asked to sign the receipt with reservation, or refuse delivery. In the event that the delivery has been accepted with an unauthorized signature or there is evidence of tampering with the package, the customer is asked to immediately report the incident to the local office of the courier and contact the Seller by sending an email to firstname.lastname@example.org.
The right of withdrawal - return
The right of withdrawal (or reconsideration) is governed by Articles. 52 -59 of the Consumer Code and European Legislation and allows the customer to terminate the contract of sale online without giving reasons and without additional costs (except the cost of shipping to the Seller). The right of withdrawal is not provided for if the customer is a company or a professional.
The customer must exercise the right of withdrawal within 14 calendar days from the time when it comes into physical possession of the goods or the last item in case of multiple products purchased from the same seller, by sending explicit notice by email at email@example.com. In the communication it is mandatory to insert the order number and the article code/s. Conscyou will then send a waybill to the customer for the return.
Once communicated the right of withdrawal referred to in point sub. 2 of the present article within the terms indicated, the client will have a further 14 days to return the goods to the Seller at his own care and expense. Therefore, the total period of time between the exercise of the right of withdrawal and the actual repurchase of the goods by the Seller is 28 days in total: 14 days for the communication and 14 days for the return.
The withdrawal/return procedure shall be carried out by following the instructions below:
Insert the goods in their original packaging;
Attach to the package the waybill provided by Conscyou
Ship by the Post Office
Pursuant to art. 56 paragraph 3 D.lgs n. 206/2005, for the purposes of exercising the right of withdrawal is essential that the Product/s are intact, have not been used, hold the tag, should not have stains and must be in the same condition as received by the customer.
In the event that the customer decides to withdraw from the contract, conscyou.com will return free of charge the amount received, including the initial shipping costs, only and exclusively when it receives the goods shipped by the customer and will have verified the conformity of the product to the conditions in which it was sold and described in point sub. 4 of this article. The refund by conscyou.com will take place only and exclusively if the returned items comply with the above instructions. If the return does not meet the conditions listed, the package will be returned to the customer. If the conditions of withdrawal referred to in this article are met, the customer will be refunded with the same method of payment used for the purchase and in the timeframe provided by the bank used. In case of withdrawal from a purchase of an amount lower than € 150,00, the Seller will refund the Customer also the expenses incurred for the initial shipment.
The right of withdrawal does not apply in the cases expressly provided for in art. 59 D. lgs. 206/2005.
For any further information on the right of withdrawal of the customer, please refer to the legislation D. lgs. n. 206/2005 (cd. Consumer Code) by clicking on the following links: https://www.normattiva.it/showNewsDetail?id=311&backTo=archivio&anno=2014;
The return for change of size and / or color
In case of request for return for size or color change, the procedure to be followed, in partial derogation to what is described in art. 6 of this contract, is as follows:
The Customer must send the request for return via email firstname.lastname@example.org within 7 days of receipt of the product, specifying the order number and indicating the product code [with size and color] that you want to return and the product code [with size and color] that you require in replacement.
If the return will take place for one or more products shipped in Italy, the return of the product must take place within 48 hours after receipt of the return authorization received by email (the date indicated on the postmark or transport document of the courier will be the date of return).
If the return will take place for one or more products shipped abroad (in one of the European countries described in paragraph n. 1 of these general conditions of sale), the product must be returned within 96 hours after receipt of authorization to return received by mail (the date indicated on the postmark or transport document of the courier).
For products shipped in Italy, the return will be handled within 7 - 14 working days from the date of receipt of goods returned to the warehouse and within the same period Conscyou.com will replace the product (or refund the price if replacement is not possible).
For products shipped within Europe, the return will be handled within 14-21 working days from the date of receipt of goods returned to the warehouse and within the same period Conscyou.com will replace the product (or refund the price if replacement is not possible).
The shipping costs for the return of the product are charged to the customer.
The package must be shipped to the following address:
Conscyou c/o Tml srl
VIA PROV. DELLA PIODA SNC
22071 BULGORELLO (CO)
Contatto: Luca Guggeri
Tel.: 0318123091 - email@example.com
It is recommended to the Customer to make sure that the Product/s are in the same conditions in which he/she received them, with the tag attached, original label, showing no signs of washing or wear and inside the original packaging or however suitable for transportation. Conscyou.com will replace only the returned items according to the instructions just described (see art. 7 paragraph 5 and 6 of this contract). If the return does not meet the conditions listed, the package will be returned to the customer and no exchange or refund will be made.
The return for change of size or color can be made only once for the individual product (if available in stock). If the product(s) requested in replacement is/are not available, conscyou.com will propose to the customer a coupon of the same value of the amount paid for the purchase of the product(s) returned or will be arranged for the re-credit of the amount paid.
Legal guarantee for non-compliant products
Pursuant to art. 133 D. lgs n. 206/2005, the Seller is responsible for any defect of the Products and for the non-conformity of the same to the Order placed, existing at the time of delivery of the goods.
The duration of the warranty is 2 (two) years from the time of delivery of the goods. This warranty is valid under the following conditions:
the defect manifests itself within 2 (two) years from the date of delivery of the Goods;
Customer submits a formal complaint to Seller regarding the defect within a maximum of 2 (two) months from the date the defect was discovered, unless this is contrary to prevailing mandatory rules of the Customer's country of habitual residence;
the Customer submits the commercial document/invoice of purchase;
It shall be the Customer's responsibility to send the Seller a photograph of the product believed to be defective.
In the event that the lack of conformity of the purchased Product/s is ascertained by the Seller, the Client will have the right to obtain, without additional expenses
All costs of returning products recognized as defective will be borne by the Seller.
For any further information send an email to: firstname.lastname@example.org.
Applicable law, competent court, methods of dispute resolution
These Terms and Conditions are governed by Italian law and will be interpreted in accordance with it,) Consequently, the interpretation, execution and termination of the General Conditions of Sale online are subject exclusively to Italian law (without prejudice to any other prevailing mandatory rules of the country of habitual residence of the customer) and any disputes concerning and / or resulting from them will be resolved exclusively by the Italian courts (except where the dispute arises with the category of consumers in transactions cd. B2C, for which the legislation of the country of the Consumer will be applied as mentioned below), as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes shall be settled by the Court of the place of domicile or residence of the Customer in accordance with applicable law or, at the choice of the Customer in the event of action taken by the same, by the Court of Milan. If the Customer acts instead in the exercise of his entrepreneurial, commercial, craft or professional activity, the parties agree to establish the exclusive jurisdiction of the Court of Milan.
Given that the Seller is always available to seek an amicable solution to disputes arising, through the contacts indicated in art. 9 of this contract, conscyou.com informs the customer that he can consult the online platform for alternative dispute resolution (ODR). According to Article 14 of EU Regulation No. 524/2013 and the resolution on ODRs set forth in Statutory Instrument No. 500/2015 in force since February 15, 2016, an online platform for the resolution of ODR disputes ("Online Dispute Resolution") arising from the purchase of goods online has been established by the European Commission and can be accessed at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Through the ODR platform, it is possible to consult the list of ODR bodies, find the link of each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.
In any case, the Customer has the right to apply to the competent ordinary judge for the dispute arising from these General Conditions of Sale, whatever the outcome of the procedure for out-of-court settlement described above, as well as the possibility, where applicable, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II - bis of Legislative Decree no. 206/2005 (the so-called Consumer Code).
The information may be subject to change due to the introduction of new rules in this regard: we invite, therefore, the user to periodically check this page.
- D. Lgs. 206 of 2005 Consumer Code;
- Legislative Decree no. 70/2003 (E-Commerce);
- Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011;
- Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997.