The following terms and conditions of online purchase define rights and obligations of both parties concerning the purchases carried out within the website www.Xenonitaly.it and regulate all the phases required for the transmission, execution and check of the order status.
ITAL-CAP SRL reserves the right to adapt or adjust such conditions at any time. In case of amendments, all the general terms and condition in force at the transmission of the order will be applied.
1/ SELLER ID
Via L’Aquila, 1/C
33010 Tavagnacco (UD)
Tel: +39 0432 574167
Fax: +39 0432 688851
2/ GENERAL TERMS APPLICATION
The Purchaser, by sending the electronic purchase order, claims to have read and accepted the general conditions and payment conditions set out below. Therefore the transmission of the order implies the full knowledge of the conditions mentioned above and their full acceptance.
3/ VALIDITY OF THE OFFERS
Our offers are directed to purchasers who are provided with a delivery address in one of the countries member of EC- UK-Russia-USA.
The items on this website are available up to while stock lasts. In case of debit when unavailable, ITAL-CAP SRL commits in refunding or providing the purchaser with a voucher within 15 days.
Besides, ITAL-CAP SRL commits itself to promptly advise the purchaser via email in case the item is not available.
4/ PRODUCTS PRESENTATION
Products on sale are described and presented in the most accurate way possible.
However, in case of errors or omissions, a, ITAL-CAP SRL won’t be responsible.
Pictures describing the products together with the texts are not subjected to the contract.
5/ PRODUCTS PRICE
The prices of products delivered within the EC are indicated in euro taxes included. Prices of products delivered in the UK are indicated in pounds taxes included. Prices of products delivered in the USA are indicated in American dollars taxes included.
Such prices do not include additional costs and delivery.
If the VAT rate was changed, the new rate may be applied to the prices with no need of notice. For all countries not listed above , customs duties , taxes , fees and charges obtained when importing the goods are carriage forward, who will provide with the payment when receiving the package.
ITAL-CAP SRL reserves the right to change its prices at any time , provided that the products will be invoiced at the price in force when registering the order.
6/ ORDERS AND PAYMENT
The purchaser confirms the order according the following procedure. Such confirmation implies the acceptance of such general conditions.
The purchaser interested in a product presented in the website www.Xenonitaly.it follow the procedure described below for transmitting the order.
After checking the details in the basket (product, colour, size, price, etc.), the customer must validate the basket, then the data for delivery (name, delivery address, billing address ) and accept the general conditions of sales for the payment . If a customer is entitled to a special offer, first of all he must enter the code he has been assigned with in the appropriate field . At the time of the first order, the customer must fill out the form with the following information : title, name, first name, complete delivery address, e- mail address, date of birth, telephone number. In this phase, the purchaser creates his own password . The customer can pay by credit card : VISA or MasterCard and through PayPal, we do not accept payments by check. After validating the payment, the customer confirms definitively and irrevocably the order with the effects listed below .
Payment by credit card (Visa or MasterCard):
The customer validates the delivery address and the billing, the product and the total price. It also provides the number of credit card along with the expiration date and the security code. Finally, the customer confirms the order by clicking the “Enter” key.
Payment via PayPal:
The customer validates the delivery address and the billing, the product and the total price.
It also provides the credentials of the PayPal account. Finally, the customer confirms the order by clicking the “Enter” key.
In both cases, regardless of the type of order and payment, ITAL-CAP SRL confirms the receipt of the order at the time of validation, via e-mail or other ways at its discretion. This confirmation of order entry will report the sales conditions and characteristics of the products and will specify the delivery address.
The products remain the property of ITAL-CAP SRL until completion of payment.
Complaints by the customer regarding the order or delivery of an unavailable item will be deemed unfounded.
ITAL-CAP SRL reserves the right to cancel or refuse any order from a customer when an ongoing dispute over payment of a previous order is occurring.
7 / CONTROL OF PAYMENTS
ITAL-CAP SRL checks all orders that have been confirmed on its website. Checks are made in order to protect ITAL-CAP SRL from abuse at the hands of fraudsters.
It may occurr that our services ask the customer to provide the necessary documents to unblock an order : proof of residence or debit card in the customer’s name , or proof of residence on behalf of the person named in the delivery etc.
Such requests will be sent by e -mail .
8 / SECURE PAYMENTS
Payment security on www.Xenonitaly.it is one of our priorities . Transactions are protected by payment systems Banca Sella and PayPal.
All information exchanged for the treatment of the payment are encrypted using the SSL protocol. This data can be neither detected nor intercepted or used by third parties.
In addition, information are not registered in our computer systems, and all purchases made on www.Xenonitaly.it respect the 3D Secure protocol.
3D Secure is a program created by the companies issuing Visa International (Verified By Visa) and Mastercard (Mastercard Secure Code) to enhance the security of online payments , which is based on the activation of an additional protection while shopping online: in addition to the coordinates, the purchaser is required to enter a personal data that allows the bank to identify and authorize the transaction .
The customer who has already purchased on the website ITAL-CAP SRL can choose a password in order to avoid to refill the form for future orders. A user already registered on the site is recognized as a customer. The password is strictly confidential and shall not be communicated or disclosed under any circumstances to other people.
If the Customer ITAL-CAP SRL should lose or forget the password, it will be necessary to simply go to http://www.Xenonitaly.it/mio-account/ and request a new password by entering the email address. ITAL-CAP SRL will then send to the address provided by the customer a new temporary password which must be changed at the next connection. For an easy identification by entering both e-mail address and password, the customer explicitly authorizes ITAL-CAP SRL to save a file on your its harddrive called “cookies”, whose sole purpose is to speed up the identification of the above.
10 / Delivery, commitment in promptness and shipping costs
10.1 / Time for the order preparation
From the moment the order is validated, the average time of preparation and shipping is as follows:
Orders placed by 10:00, from Monday to Friday are prepared and shipped the same day .
Orders placed after 10:00 am, from Monday to Thursday are prepared and shipped the following day.
Orders made between 10:00 am from Friday and Sunday at midnight are prepared and shipped the following Monday .
10.2 / Shipping times
Products are shipped to the delivery address given by the customer at the time of the order. The shipment is made by a courier selected by ITAL-CAP SRL. The average delivery time for the countries member of the European Community is 6 days , except for unforeseen circumstances or accidents due to force majeure which could delay the delivery independently of ITAL-CAP SRL will. For territories subjected to customs duties, taxes, fees and charges obtained when importing the goods such duties, taxes and fees are paid by the customer, who will pay upon receipt of the package.
10.3 / delivery problems
The customer must notify the carrier and ITAL-CAP SRL through the form available at the “contacts” page of the site, of any reservation concerning the delivered product (eg . Damaged package, already open etc. ) within 3 days of receipt of the product. Given the cases defined in Article 10 below, the customer will then be able to use the repayment conditions herein specified.
11 / MONEY BACK GUARANTEED Whatever the place of delivery is, if the item does not suit the customer ITAL-CAP SRL will reimburse it in accordance with the conditions below. As for the case of defective products, ITAL-CAP SRL states that it will only provide the reimbursement but not with any change.
Repayment terms for products:
ITAL-CAP SRL may reimburse under certain conditions an article that does not give full satisfaction using the currency used for payment. The deadline for requesting a reimbursement or to assert their right of withdrawal is 30 days from receipt. ITAL-CAP SRL shall bear the expenses for the return, provided that the customer has followed the procedures listed down below. The return of the items within the time expressed must strictly follow the steps listed at: http://www.Xenonitaly.it/mio-account/ After this phase, the customer will receive an email from customer service, containing the procedure to be followed and the reference code made that must appear on the package. It will also confirm to the customer service the address of the package to organize the return. Damaged, dirty, incomplete items or articles that have not been subjected to a complaint at the time of delivery as stipulated in Article 9.3 will be rejected by the dealer.
11.3 / Delivery time
The reimbursement of products in the cases described above will be made over a period of time not exceeding 15 days from the receipt of the item return by ITAL-CAP SRL. The refund will be made in the currency used at the moment of payment, by crediting on bank account or by check payable to the customer and sent to the billing address, at the discretion of ITAL-CAP SRL. If the payment is made via PayPal, the refund will be in the PayPal Account.
12 / RESPONSIBILITIES
For all the steps to access the website, consultation, filling of forms, order transmission, delivery of items or any other service, the company ITAL-CAP SRL is subjected only to the obligation of means. It follows that the responsibility ITAL-CAP SRL cannot be invoked for any inconvenience or damage inherent in the use of the Internet that are completely independent of the zeal and precautions taken by lecoqsportif.com . The responsibility of ITAL-CAP SRL won’t also be evoked for failure of service, external intrusion or presence of computer viruses. In the same way, the facts qualified as force majeure, in accordance with the case law of the Court of Appeal, ITAL-CAP SRL completely exempts from any responsibility. Customers are entitled with the guarantees granted by the brands on the site.
13 / INTELLECTUAL PROPERTY
All elements of the site www.Xenonitaly.it whether they are visual or sound, including the underlying technology, are protected by copyright , trademark or license and image rights. They are the exclusive property of ITAL-CAP SRL It is strictly forbidden to add an hyperlink that goes into the site www.Xenonitaly.it using a technique known as ” framing” , the ” deep linking ,”in – line linking” or any other technique of direct link to an internal page site . In any case , any link , even by tacit agreement must be removed on simple request of ITAL-CAP SRL. Any reproduction or representation, total or partial, of any elements in the site www.Xenonitaly.it is strictly prohibited.
14 / PERSONAL DATA
On commanding service , ITAL-CAP SRL reserves the right to collect the data of the website users, especially through the ” cookie ” in Article 8. To this end, the site www.Xenonitaly.it is registered with the CNIL under number 0000000 ITAL-CAP SRL also reserves the right to sell commercially the data collected on its website
15 / CUSTOMER SERVICE
For any information or questions about products or orders on www.Xenonitaly.it please contact our customer service on the website through the contact form “Contact”. To allow ITAL-CAP SRL to process the orders under the best conditions, the customer is required to create an account on www.Xenonitaly.it or to login to the site using the coordinates of access received by e -mail at the first registration or the first purchase. In the event of data loss when login, you can request them at http://www.Xenonitaly.it/mio-account
16 / LAW – DISPUTES
In the event of a dispute, we will try to find an amicable solution before proceeding with any legal action. All reports created following the connection and / or use of this site is subject to the Italian law .