GENERAL TERMS AND CONDITIONS OF SALE
Art. 1 – General Provisions
1. The user navigating in this area accesses Amazzell, accessible via the url: www.amazzell.it .
Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as set out therein.
2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the website in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by
Company: Sunshine Fashion S.R.L.
Headquarters: Via Trentino Alto Adige, 24/26 59100 Prato PO
VAT No.: 02442440976
Registered at REA, number 536020
3. The user is obliged, before accessing the products provided by the site, to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. You are invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Sunshine Fashion reserves the right to change unilaterally and without prior notice.
Art. 2 – Purpose
1. These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Amazzell and do not, on the other hand, regulate the provision of services or the sale of products by parties other than the seller that are present on the same site via links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from other parties, we suggest you check their terms and conditions of sale.
Art. 3 – Conclusion of the Contract
1. In order to conclude the purchase contract, it will be necessary to complete the form electronically and submit it following the relevant instructions.
2. It contains a cross-reference to the General Terms and Conditions of Sale, images of each product and its price, the means of payment that can be used, the method of delivery of the purchased products and the related shipping and delivery costs, a cross-reference to the conditions for exercising the right of withdrawal, and the method and timing for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verification of the correctness of the data contained therein.
5. The purchaser shall be obliged to pay the price from the moment the online order process is completed. This will be done by clicking on the ‘Buy’ button at the end of the wizard.
6. Once the contract is concluded, the seller takes over the order for processing.
Article 4 – Registered Users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his/her personal data correctly and truthfully.
2. Once registration has been completed, the user will receive a confirmation e-mail in the e-mail provided by him/her. Confirmation must be communicated within 48 hours at the latest. After this period, in the absence of confirmation, Sunshine Fashions shall be released from any obligation to the user.
3. Confirmation shall in any event exempt Sunshine Fashion from any liability regarding the data provided by the user. The user undertakes to promptly inform Sunshine Fashion of any changes to their data at any given time.
4. If the user then communicates inaccurate or incomplete data or even if there is a dispute by the parties concerned about the payments made, Sunshine Fashion shall be entitled not to activate or to suspend the service until the relevant shortcomings have been remedied.
5. On the occasion of the user’s first request for activation of a profile, Sunshine Fashion shall assign a user name and a password to the user. The latter acknowledges that such identifiers constitute the system of validation of the user’s access to the Services and the only system capable of identifying the user that the acts performed through such access shall be attributed to him/her and shall be binding upon him/her.
6. The user undertakes to keep his access data secret and to guard them with due care and diligence and not to pass them on, even temporarily, to third parties.
Art. 5 – Availability of Products
1. Product availability refers to the actual availability at the time the purchaser places the order. This availability must however be considered purely indicative because, due to the simultaneous presence of several users on the site, products may be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation e-mail, partial or total unavailability of goods may occur. In this eventuality, the order will automatically be rectified by deleting the unavailable product and the purchaser will be informed immediately by e-mail.
3. If the buyer requests cancellation of the order, thereby terminating the contract, Sunshine Fashion will refund the amount paid within 30 days after Sunshine Fashion has become aware of the buyer’s decision to terminate the contract.
Art. 6 – Products Offered
1. Sunshine Fashion markets:
2. The offer is detailed on our website at the link: www.amazzell.it
Art. 7 – Terms of Payment and Prices
1. The price of the products shall be that indicated on the site from time to time, except where there is an obvious error.
2. In the event of an error Sunshine Fashion shall notify the purchaser as soon as possible, enabling confirmation of the order at the correct amount or cancellation. There shall in any case be no obligation on Sunshine Fashion to deliver what was sold at the incorrectly indicated lower price.
3. Site prices are inclusive of VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment.
5. Payment can be made by: Bank transfer.
6. Installment payments are not permitted.
Art. 8 – Delivery
1. Sunshine Fashion ships throughout Italy, excluding the Vatican City State and the Republic of San Marino.
2. Sunshine Fashion will only deliver to your home address, provided at the time of purchase.
3. Delivery is generally made within item availability and receipt of payment, or, if no delivery date is specified, within the term estimated at the time of selection of the delivery method and, in any event, within a maximum term of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the depot. In that case, a notice will specify the location of the order and how a new delivery can be arranged.
5. If you are unable to be present at the delivery location at the agreed time, please contact us again to agree on a new delivery date.
6. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we shall assume that we are terminating the contract.
7. As a consequence of termination the amounts shall be refunded, including the costs of delivery to the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 30 days from the date of termination. Transport resulting from the termination of the contract may have additional costs that will be borne by the purchaser.
8. Shipping costs shall be borne by the purchaser and are explicitly highlighted when placing the order.
Art. 9 – Passing of Risk
1. Risks relating to the products shall pass to the purchaser from the moment of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all sums due in respect thereof, including delivery charges, or upon delivery, should this occur at a later date.
Art. 10 – Warranty and Commercial Conformity
1. The seller is liable for any defect in the products offered on the site, including non-conformity of the items to the products ordered, pursuant to the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes outside his or her trade or profession, this guarantee shall be valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was recognised by the purchaser; and that the online return form is filled in correctly.
3. In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the goods restored to conformity free of charge by repair or replacement, or to obtain an appropriate price reduction, or to have the contract rescinded in respect of the disputed goods and the price refunded accordingly.
Article 11 – Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying a reason, within a period of 14 days in accordance with Art. 57 of Legislative Decree 206/2005 from the date of receipt of the products.
2. In the case of multiple purchases made by the purchaser in a single order and delivered separately, the 30-day period begins on the date of receipt of the last product.
3. Users wishing to exercise the right of withdrawal must notify Sunshine Fashion by means of an explicit declaration, which may be sent by email or Whatsapp
4. The purchaser shall also exercise the right of withdrawal by sending any express declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.
5. The goods may be returned to any sales outlet or collection point in Italy, as indicated on the web page at the time of purchase.
6. The goods must be returned undamaged, in the original packaging, complete in all its parts and with the accompanying tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 to 66 days, including any shipping costs.
7. The right of withdrawal shall not apply if the services and products of Sunshine Fashion are included in the categories of Art. 59 del D.Lgs 206/2005.
8. The site will execute the refund using the same means of payment chosen by the purchaser at the time of purchase. In the case of payment by bank transfer, and should the purchaser wish to exercise his or her right of withdrawal, he or she must provide the bank details: IBAN, SWIFT and BIC necessary to effect the refund.
Art. 12 – Data processing
Art. 14 – Contacts
1. All enquiries may be sent by e-mail to firstname.lastname@example.org.
Art. 15 – Applicable Law and Jurisdiction
1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any other overriding mandatory rules of the purchaser’s country of habitual residence. Accordingly, the interpretation, execution and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian courts. In particular, if the purchaser qualifies as a consumer, any disputes shall be settled by the court of the purchaser’s place of domicile or residence according to the applicable law.
These conditions were drawn up on 02/01/2023.