Terms of service
GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter “General Conditions”) govern the terms and conditions of sale of the products marketed by ALCA S.r.l.s. unipersonale through the website www.carmenbellvis.com (hereinafter “Website”) and sold directly by ALCA S.r.l.s. unipersonale, with registered office in Italy, Milan (MI) – Via Livenza 7, C.F., VAT no. 12770240963 to which it is always possible to address any information and need for assistance connected and / or related to the purchase of the products.
Each sales contract concluded between ALCA S.r.l.s. unipersonale (hereinafter “ALCA” or “Seller”) and the customer through this Website is therefore governed by these general conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of products.
1. SUBJECT AND SCOPE
The sale of products on the Website constitutes a distance contract governed by Articles 50 et seq. of Legislative Decree no. 206 of September 6, 2005, as amended and integrated (hereinafter "Consumer Code") and Legislative Decree no. 70 of April 9, 2003, on the regulation of electronic commerce. The purchase contract shall be deemed concluded upon receipt by the consumer of the order confirmation.
The purchase of Products on the Website is permitted only to those who are at least 18 (eighteen) years old, capable of acting, and who have the quality of consumers under the Consumer Code, that is, they are natural persons who, in relation to the purchase of Products, act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity possibly carried out (hereinafter "Users").
These General Conditions may be subject to amendments and updates. Any updates and amendments shall be regularly published on the Website and the date on which the updates are put online shall be equivalent to the date on which they enter into force.
Users who intend to make purchases are invited to read these General Conditions carefully before placing an order: to this end, the General Conditions are available on the Website to any visitor to the Website.
3. PRODUCTS FEATURES
2.1. Information about the products that can be purchased through the Website (hereinafter “Products”) is indicated on the page of each Product.
2.2. The Products are handmade only to the User’s order. For this reason, there may be some small differences between the graphic/photographic representation of the Product on the Website and the actual Product.
2.3. Therefore, the graphical/photographic representations of the Products presented on the Website do not constitute a contractual element, as they are merely and symbolically representative of the Product sold.
2.4. The Seller makes no warranty or assumes no liability in respect of the absolute accuracy of the graphical representations of the Products shown on the Website.
2.5. Because each Product is made to order and handmade, it requires a production time of four to seven weeks since the User received order confirmation from ALCA via e-mail.
3. PURCHASING METHODS
3.1. The Seller informs the User that the offer of Products on the Website does not constitute a legally binding offer by ALCA. The purchase contract shall be deemed concluded upon receipt by the User of the order confirmation.
3.2. To purchase Products, the User shall select the Product. The User - directed to the Product page - shall follow the instructions to fill in and send the purchase order in electronic format (hereinafter "PO") to the Seller.
3.3. Before placing the PO, User will be able to find the information on the procedures to be followed for the conclusion of the electronic sales on the Website. The online shopping procedure consists of the following phases referenced in the online shopping process:
- Purchase, 2. Data Form, 3. Payment, 4. Confirmation, 5. Shipping.
3.4. The PO sent by the User shall be valid as a contractual purchase proposal by the Customer to the Seller for the Products listed in the PO.
3.5. Upon receipt of the PO, the Seller shall send to User an e-mail of order acceptance (hereinafter "Order is being processed").
The e-mail "Order is being processed" does not constitute acceptance of the PO but it has the sole purpose of informing the User that his order has been received.
3.6. The Seller reserves the right to evaluate the acceptance of PO received and may refuse or otherwise not process PO that are incomplete or incorrect, or in the event of unavailability of the Products or that involve the delivery of Products ordered in certain geographical areas.
3.7. The Seller shall inform the User by sending an e-mail (hereinafter "The Order has not been approved") of any inability to accept the orders received within 48 (forty- eight) hours from the working day following the day on which the Customer transmitted the order and shall refund the User any sums that, as a result of the means of payment chosen by the User, have already been charged to the User for payment of the supply.
3.8. The contract for the sale and purchase of the Products indicated in the PO shall be considered concluded when the Seller sends to User an e-mail confirming the order (hereinafter "Order Confirmation"). This confirmation shall indicate: the Products chosen; the relevant prices, the VAT and any taxes due; the transport and delivery costs, the delivery address; the order number (hereinafter "Order Number"); the general and particular conditions applicable to the order, as well as information relating to the shipment of the Products covered by the order.
3.9. The User undertakes to check the data contained in the "Order Confirmation" e-mail and to notify the Seller of any corrections within 24 (twenty-four) hours of receipt. Thereof any additional expenses caused by errors in the data not reported in a timely manner shall be borne by the User.
3.10. The Order Number, generated by the system and communicated by the Seller, shall be used by the User in any subsequent communication with the Seller.
3.11. The Seller will send an e-mail to the User to let him know that the Product is ready and has been shipped (hereinafter “Shipping Confirmation”). The Shipping Confirmation will also contain a link that the User can select to track the shipment of the Product purchased.
4. PRICE
4.1. All prices of the Products shown on the Website are in Euro and include VAT.
4.2. The price of the Products does not include the shipping cost. These will be calculated at checkout based on the delivery location.
4.3. The prices of the Products may be subject to updates and in this case, these cancel and replace the previous ones and are subject to the actual availability of the Products.
4.4. The Seller reserves the right to confirm or modify the prices of the Products published on its Website at the time of order confirmation.
4.5. Prices can fluctuate due to consumer demand, trends and other contingencies. Offers cannot be combined or used retroactively.
5. METHODS OF PAYMENT
5.1. The User commits to using the Website diligently and in good faith as well as to satisfying the payment of the set price and shall be responsible for the veracity of the data provided and required for the transaction.
5.2. The prices of each Product are indicated on the Website on the date when the order is placed and they include taxes and fees. The User may choose one of the following payment methods when finalizing the process:
- Card payment: all credit and debit cards of the brands Visa, Mastercard and Maestro;
- Payment through Google Pay and Apple Pay;
5.3. For the payment process, ALCA uses third part services unrelated to ALCA and, in particular, those of the PAYMENT GATEWAY provided by the financial institution Shopify Payments (online payment gateway which works as a virtual point of sale terminal). The service providers will request certain data from the customer to process the payment according to the payment modalities they offer.
6. METHODS OF DELIVERY
6.1. Unless expressly stated otherwise during the online shopping process, the procedure for the delivery to the User of the Product purchased shall be carried out according to the following steps:
- Shipping shall be made using a courier service provided by a third party unrelated to ALCA.
6.2. ALCA commits to delivering the product paid by the customer to the delivery address within 7 (seven) weeks, although it may take longer for reasons beyond the company's control.
6.3. In case there are any problems with the processing or shipping of your order, ALCA will contact the User and inform them of the incident. In any case, the User can also contact ALCA to check the status of their order and shipment using the following address: info@carmenbellvis.com.
Delivery costs are borne by the Customer.
6.4. The Products will be shipped only after payment of the full amount of the order (including the price of the Products purchased, VAT and any taxes, if due) has been duly made by the Customer.
6.5. At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is stated on the PO.
6.6. In the event of visible defects, such as incorrect quantity and/or wrong Product and non-integrity of the packaging, the Customer or his trusted representative shall report the same on the transport document and contact the Seller no later than 48 (forty-eight) hours after Delivery, following the hereby procedure.
Send photos in which it is possible to clearly verify damage/breakage of the Product, photos of the packaging to clearly verify defects/breakage/breakage and photos of the courier label (essential) in which all details are visible.
6.7. If the Product shipped does not correspond to what the User has ordered, the Seller shall bear the costs of collecting the incorrect product and delivering the correct one.
7. RIGHT OF WITHDRAWAL
7.1. The User has the right to withdraw without any reason from the contract concluded with Seller, without incurring any costs other than those provided for in Sections 7.4, 7.6 and 7.7 below, within fourteen (14) days after delivery of the Product (hereinafter, "Withdrawal Period"). The Withdrawal Period shall expire after fourteen (14) days:
- (i) in the case of an Order relating to a single Product, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product;
- (ii) in the case of a multiple Order with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires possession of each and every Product related to the multiple Order.
7.2. In order to exercise the right of withdrawal, the User must inform the Seller of his decision to withdraw from the contract before the expiry of the Withdrawal Period by means of any explicit declaration to that effect (e.g. by registered letter with return receipt, by PEC or by e-mail).
Seller will promptly send the User, via e-mail, an acknowledgement of receipt of the withdrawal request.
In order to simplify the exercise of the right of withdrawal and the identification of the Products and the receipt of the same, the User must indicate in the declaration of withdrawal the identifying data (product code, quantity, etc.) of the Products subject to return.
7.3. The User has exercised his right of withdrawal in terms if the notice regarding the exercise of the right of withdrawal is sent by the User before the expiration of the Withdrawal Period. Since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on the User, it is in the User's best interest to make use of a durable medium when notifying to Seller of his withdrawal.
7.4. The User, after having exercised the right of withdrawal must return the Product to the Seller, without undue delay and in any case within the period of fourteen (14) days from the date on which he communicated to the Seller the withdraw. The deadline is met if the User returns the Product before the expiration of the fourteen-day period. The Product, properly protected and packaged, must be sent to the address indicated in the confirmation of the withdrawal request sent by the Seller.
In any case, the direct costs of returning the Product to the Seller shall be borne by the User. The return of the Product to the Seller takes place under the responsibility of the User. the Product shall be deemed to have been returned at the time it is delivered to the point of return that was communicated to the User during the handling of the withdrawal.
7.5. If the User withdraws from the contract, the Seller will proceed to refund the total amount paid by the User for the Product, including delivery costs, if applicable, including additional costs resulting from the User's choice, if any, of a more expensive type of delivery than the standard (less expensive) type of delivery offered by the Seller, without undue delay and in any event no later than 14 calendar days from the day the Products were delivered to the point of return that was communicated to the User in the process of handling the withdrawal.
In the event that the User exercises the right of withdrawal on a partial part of the Order, only the amount related to the Products actually returned, excluding shipping costs, will be refunded.
The refund will be made using the same means of payment used by the User for the initial transaction; in any case, the User shall not incur any costs as a consequence of such refund.
7.6. The User shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics, and operation of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
7.7. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation (i.e. the Product has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product), it will not be valid and, consequently, will not entitle the User to any refund. ALCA will notify the User within 10 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already returned, will remain at the User's disposal for collection, which must be done at the User's expense and responsibility.
7.8. In the event that, recurring one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the product sheet and, in any case, during the purchase process, before the User proceeds to the transmission of the Order.
8. WARRANTY AND CUSTOMER SUPPORT
8.1. ALCA offers its customers products of the highest quality.
8.2. Given the special characteristics of the products distributed by ALCA through the Website, there are slight differences between each purchased product, mainly due to the uniqueness and exclusivity of each and every one of the materials and stones used for manufacturing, which is to a large extent also done by hand. Therefore, there are no two ALCA products that are exactly the same and, in any case, it is inevitable that the product delivered to the customer differs slightly from the one shown in the pictures provided during the shopping process on the Website (even if it may have been the same). In no case shall these differences imply the delivery of products or services with a lower quality of materials than those expressly mentioned on the Website. Furthermore, the customer is informed and aware that the size of the pictures shown on the Website does not match the actual size of the ALCA products offered.
8.3. Therefore, the User is informed of these circumstances and differences and expressly accepts them. They may not be alleged as a cause for termination of the Contract.
8.4. In any case and subject to the provisions set out at the beginning of the section, ALCA products purchased by the customer through the shopping procedure set out on the Website have the legal guarantee for consumer goods, which refers to their conformity with their description on the Website and with these General Conditions.
8.5. ALCA shall be liable for any non-conformities which become apparent within two years of delivery. The User must inform the Seller of the non-conformity within two months of becoming aware of it. Failure to meet this deadline will not result in the loss of the right to the respective remedy, however, the User will be responsible for any damages or losses actually caused by the delay in notification. In any case, the guarantee relating to damages caused by inadequate use shall be excluded as well as, in general, any of those excluded by applicable European Union legislation.
8.6. For any assistance and / or complaint needs, the User can contact the Seller at the following email address: info@carmenbellvis.com.
9. PROCESSING OF PERSONAL DATA
9.1. By accessing the Website and purchasing Products, the User provides ALCA with some of his/her personal data.
9.2. ALCA will process such personal data as a Data Controller, pursuant to Article 4 (7) of the EU Regulation 2016/679 ("GDPR").
9.3. The purposes, methods and other features of the processing, are indicated in the Privacy Policy provided to the User when accessing the Website, pursuant to Article 13 of the GDPR and also available at all times in the section of the Website available at Privacy Policy
10. APPLICABLE LAWS AND JURISDICTION
10.1. These General Terms and Conditions are governed by and shall be construed in accordance with the laws of Italy and in the event of a dispute relating to the General Terms and Conditions of Sale, the court according to the place of residence of the User shall have jurisdiction.
10.2. The User shall also be entitled to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute arising between him/her and ALCA in relation to the purchase of Products. The European ODR Platform is developed and operated by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a professional established in the European Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a special list available therein. For more information on the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure relating to these General Conditions, the User should access the following link: http://ec.europa.eu/odr. The email address of ALCA to be indicated in the European ODR Platform is as follows: info@carmenbellvis.com.
11. EXPRESS ACCEPTANCE OF SPECIFIC CLAUSES
The User specifically approves in computer mode, pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code, the following clauses contained in these General Conditions: 1 (Subject and scope); 2 (Products features); 3 (Purchasing methods); 4 (Price); 6 (Method of delivery); 7 (Right of withdrawal); 8 (Warranty and customer support).