GENERAL CONDITIONS OF SALE
These general conditions regulate online purchases made through the www.collistar.com site by individuals residing in the following countries: Italy
1. GENERAL PROVISIONS
1.1. These general conditions of sale (hereinafter “General Conditions”) apply to all distance sales of Collistar products (hereinafter “Products” or “Product”) performed through the www.Collistar.com website (hereinafter ”Website”).
1.2. The distance selling service of Products under these General Conditions is only available to consumers (hereinafter “Customers” or (“Customer”); by customers we mean natural persons acting for purposes extraneous to their trade, business, craft or profession, aged over 18.
1.3. The language used to enter any contract of sale through this Website is English.
1.4. Customers are required to carefully read these General Conditions, available on the Website to enable Customers to acknowledge, store and reproduce them. Collistar will send a copy of the General Conditions to the Customer pursuant to Section 5.10 of these General Conditions below. Collistar will archive contracts concluded with Customers for the retention period required by law.
2. IDENTIFICATION OF THE VENDOR
2.1. The vendor is Collistar SpA, with registered office at Via GB Pirelli 19, 20124 Milan, Italy, VAT no. 10267000155, tax code no. 10267000155, Milan Economic and Administrative Index no. - 1361408, share capital of 1,050,000 euros, fully paid-up ("Collistar").
3. INFORMATION ON PRODUCTS AND THEIR AVAILABILITY
3.1. 3.1 Information on Products (along with the relative Product codes) and prices are available on the Website.
3.2. The Products available on the Website are a selection of items normally available in shops. However Collistar does not provide guarantee the Customer that the Products available on the Website are also in the shops. Pictures of the Products displayed on the Website may not correspond to their actual appearance. The Customer shall therefore rely exclusively on the description of the Product and their characteristics as mentioned on the Website.
3.3. Collistar reserves the right at any time to limit quantities and/or type of Products for sale on the Website. The style, models and colours of the Products described on the Website may be changed without forewarning. During the purchasing process, an automatic response will inform the Customer if the order cannot be processed due to the unavailability of the ordered Product; Collistar can in no way be held liable to the Customer in case of unavailability of the Product.
3.4. The Customer will be able to include in the order a maximum of 10 pieces for each Product.
3.5. In no case shall Collistar be liable for errors arising from the failure of the Customer's connection to the Website.
4.1. The prices of the Products are specified on the Website in Euros and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
4.2. Collistar constantly checks that the prices of the Products displayed on the Website are correct. However, it is not possible guarantee freedom from errors. In the event that an error in the pricing of a Product is detected, Collistar shall refuse the order and offer the Customer the opportunity to purchase the Product at the correct price.
4.3. Minimum order 20.00 euros (VAT included), after discounts, promotions and shipping fees.
5. CONCLUSION OF THE CONTRACT
5.1. The Website displays the key characteristics and the price of each Product. The information displayed on the Website does not represent an offer by Collistar.
5.3. To purchase a Product the Customer should (i) put the selected Product in the "Shopping Basket" by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the mode of payment, (iv) accept the General Conditions and (v) send the order proposal to Collistar via the Website.
5.4. The sending of the order constitutes a proposal to purchase the selected Product, regulated under these General Conditions and binding for the Customer (with no prejudice to the withdrawal right under Section 10). The sending of the order proposal by the Customer entails the obligation of the latter to pay the price of the ordered Product(s).
Any error/change in data entered by the Customer in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: the Customer has the right to change the amount of products to be purchased by adding or deleting one or more Products from the "Shopping Basket").
5.7. The contract between Collistar and the Customer is concluded when the Customer receives the acceptance by Collistar of the order proposal sent through the process set out on the Website. The acceptance (or refusal) by Collistar shall be sent to the Customer via email at the address provided by the Customer in the order proposal (“Order Confirmation”).
5.8. Collistar may reject a proposed order (in this case no amount will be due from the Customer to Collistar, except, possibly, the sums mentioned in Section 6 below) in the following cases:
(i) the Products are not available (with no prejudice to the provision set out under Section 3.3 and 5.9); or
(II) in the event that the Customer's payment is not successful (for example, in the case of failed charge of the purchase price to the Customer's credit card or, if paying by bank transfer, in the case of lack of confirmation of receipt of the transfer within 10 (ten) business days from the date of the proposed order); or
(iii) in the event of reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes;
(IV) in the event that the Customer has not fulfilled their obligations arising from a previous contract concluded with Collistar.
5.9. The Customer will be duly informed by email should one or more of the ordered Products be unavailable. In this case the order proposal is cancelled or partially accepted solely for the available Products. In case of partial acceptance, the Customer shall pay (or shall be charged, if paying with a credit card) only the price of the available Products.
5.10. In accordance with the provisions of Article 51, paragraph 7, of the Consumer Code as defined below, the Order Confirmation will include a summary of the key characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and ways to exercise the right of withdrawal (including information on the exclusion of the right of withdrawal for personalized Products), the address to which complaints may be addressed, information on post-sales support services and on existing commercial guarantees. The email communication sent by Collistar to confirm the delivery of the Products, in accordance with the provisions of Section 8.1 ( "Dispatching and delivery confirmation").
5.11. The risk of loss of or damage to the Products shall pass to the Customer when the Customer (or a third party indicated by the Customer and other than the carrier) has acquired the Product in physical possession.
6. METHOD OF PAYMENT
6.1. The Customer shall pay the price of the Products contained in the order proposal and the relative delivery charges by credit card or by PayPal.
6.2. Collistar accepts payments made with the following credit cards:
- American Express;
6.3. The transactions will be debited from the Customer's credit card only after:
(i) the credit card data have been verified;
(ii) the authorization to debit the card has been received from the issuer of the card used by the Customer.
6.4. In the event that, for any reason, within a period of 10 (ten) working days from the date of the order it is impossible to debit the amount due from the Customer's credit card (or in the event of bank transfer, the funds corresponding to this sum are not available in Collistar's bank account), the contract will not be concluded and the order will be cancelled.
7. TRANSPORT AND DELIVERY
7.1. Products shall be delivered to the address specified by the Customer in the order proposal. The signature of the Customer (or of a nominated representative) will be required at the time of delivery. Collistar shall not deliver to PO Boxes.
7.2. For each order, Collistar shall invoice the Products by email or by post to the Customer, in accordance with the applicable laws and regulations. The invoice will be based upon the information provided by the Customer at the time of the order. No changes to a sales receipt are permitted after its issuance. The invoice should be requested prior to the conclusion of the purchase. Invoices cannot be requested subsequent to the closure of the order.
7.3. Delivery charges shall be borne by the Customer and are specified separately on the order form.
7.4. Products purchased will be delivered by the courier service selected by Collistar (hereinafter the "Courier") on weekdays (excluding, therefore, Saturdays, Sundays and local or national holidays) from 9 am to 6 pm. Products will be delivered within 24 to 48 hours of the date of the Order Confirmation (except in the case of a force majeure event or unforeseeable circumstance), excluding inconvenient areas.
In the event of non-delivery, the courier shall leave a notice on the intercom/in the post box, informing the recipient of the attempted delivery. A second attempt to deliver is automatically rescheduled the next day. If the recipient is still absent, the shipment is kept at the local branch for three business days. On the fourth business day, the package is deposited at the relevant Post Office and the postman delivers a card notifying the recipient. The recipient has a further seven days (business days, including on Saturdays) to collect the parcel from the Post Office. If not collected within this time frame, the parcel is automatically returned to Collistar.
7.5. Upon delivery of the Products by the Courier, the Customer (or a nominated representative) is required to check:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or in any way altered.
Any damage to the packaging and/or the Product, or discrepancies in the number of items or documentation shall be immediately indicated in writing on the Courier’s delivery note. Once the Customer signs the Courier's document without the Customer having raised objections, the Customer cannot make any objection regarding the appearance of the package delivered.
8. DISPATCHING AND DELIVERY CONFIRMATION
8.1. Collistar sends the Customer a shipping confirmation via email once the Products have been dispatched.
9. WRAPPING OR PACKAGING
9.1. Products purchased from the Website are delivered using standard Collistar packaging
10. RIGHT OF WITHDRAWAL
10.1. Pursuant to Article 52 of the Consumer Code as defined below, the Customer has the right to withdraw from the contract without specifying the reason within 14 (fourteen) days from the date in which the Customer (or the representative duly authorized to receive the Product) obtains physical possession of the Product itself.
10.2. To exercise the right of withdrawal, the Customer shall take the following steps, within the period specified in Section 10.1 above:
- The user logs on with Username and password;
- The user locates "my orders" within the restricted area;
- Within "my orders", the user can select the orders coming within the timing of the right of return policies (within 14 days of receipt);
- The user selects the products they want to return in relation to that order, using a dropdown menu to indicate the amounts and reasons for the choice;
- The return request is received by customer care, which checks and approves it;
- Customer care notifies the customer with an email indicating the approval of the return and containing the identification number (RMA ID), details for the shipment of the package and instructions for logging on to the restricted area and to download a document to print and attach to the package.
10.3. Within 14 (fourteen) days from the communication of withdrawal (sent pursuant to Section 10.2 above) the Customer shall return the purchased Product to Collistar at the following address: Difarco Srl attn. Collistar Department, Via Guido Rossa, 15 20060 - Liscate (MI). The Customer shall sustain the costs of returning of the Product to Collistar. The Customer shall only be liable for any diminished value of the Product should the Product be handled in a way other than what is necessary to establish its nature, characteristics and functioning: therefore, the Customer shall not remove any label(s) attached to the Product. The product shall be returned intact without tampering and manipulation.
10.4. Collistar shall reimburse the sums corresponding only to the purchase product sales and not the incidental expenses, without undue delay and in any case no later than 14 (fourteen) days from the date when Collistar was informed of the Customer's decision to withdraw from the contract in accordance with this Section 10. Collistar shall refund the Customer using the same means of payment that the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any fees as a result of such reimbursement. If the purchase was made using a discount code, the discounted amount will not be refunded. The reimbursement will be related only to the amount actually spent.
10.5. Collistar is entitled to withhold the refund until it has received the Product back, or until the Customer has supplied evidence of having returned the Product, whichever is the earliest.
10.6. Once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in this Section 10.
11. PERSONALISED PRODUCTS
11.1. In accordance with the provisions of Article 59, paragraph 1, letter c), of the Consumer Code as defined below, the right of withdrawal does not apply to orders for personalized Products, such as, for example, those with the Customer's initials engraved on the Product.
12. REPLACEMENT OF PRODUCTS
12.1. Without prejudice to the Customer's rights according to Sections 10 and 13 of these Conditions, Collistar does not in any event allow the Customer to replace Products purchased on the Website with other products.
13. LACK OF CONFORMITY
13.1. If a Product sold by Collistar has manufacturing defects or in any case of alleged lack of conformity of Products sold by Collistar, the Customer shall contact Online Support by email or by ordinary mail at the following address:
Via GB Pirelli 19
attn. Online Sales Assistant firstname.lastname@example.org
13.2. The legal guarantees established by Articles 129, 130 and 132 of the Consumer Code as defined below apply to the sale of the Products. Under these Articles, the Customer has the right to have the Products brought into conformity, free of charge, by repair or replacement (the Customer is entitled to select whether to have the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to Article 130, paragraph 7, of the Consumers Code), to have an appropriate reduction in the price of the Products, or the contract cancelled. The Customer loses these rights if they fail to notify Collistar of the lack of conformity within 2 (two) months of the date on which the Customer discovered such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by Collistar shall automatically lapse 26 (twenty-six) months after the delivery of the Products.
13.3. In the event that the Customer seeks the Product's repair or replacement due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Colllistar, along with any costs related to the delivery to the Customer of the repaired or replacement Product.
14. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
14.1. Collistar guarantees the authenticity of all Products purchased on the Website. "Collistar" brand products are made with Italian materials, they are manufactured by Italian contractors, and they are all MADE IN ITALY, with the sole exception of promotional products (purses/promotional items), which are made in China, or other non-EU countries.
14.2. The “Collistar“ trademark, along with the set of figurative and non-figurative trademarks, and service marks, present on the Products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the following company: Collistar SpA.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
15.1. These General Conditions and, therefore, the Contracts concluded with the Customers, are governed by and must be interpreted in accordance with Italian law (including Legislative Decree No. 206 of 6 September 2005, “Consumer Code” -and specifically “Capo I, Titolo III of Parte III” - and Legislative Decree No. 70 of 9 April 2003 “Ecommerce Decree”).
15.2. Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the Customer's place of residence or domicile.
16.1. For further information and assistance with the Website or on the methods of online purchase, the Customer may contact Collistar at one of the following contacts:
Via GB Pirelli 19
attn. Online Sales Assistant email@example.com