- a) The supply and sale of clothing products and accessories carrying the ALYSI trademark on the website www.alysi.it are governed by the following General Terms of Sale.
- b) Products carrying the ALYSI trademark, purchased on the website www.alysi.it, are manufactured and sold by Alysi Fashion S.r.l., Rome Register of Companies no. 849094, VAT number 05159441004, with registered office in Rome (RM)), Via Portuense n. 1555.
- c) Purchase operations are governed, among others, by the requirements of Legislative Decree no. 206 of 06.09.2005 (the Consumer Code), according to which:
- I) the term "on line sale contract" refers to a remote contract, or rather a legal deal relating to movable property and/or services signed between a professional operator, in this case Alysi Fashion S.r.l., through the on line service www.alysi.it, and a consumer, as part of a system of remote sales organised by the professional operator who, for this contract, uses exclusively the remote communications technology known as the Internet;
- II) the term "professional operator" refers to a person or corporation who acts as part of their business or professional activities, or an intermediary thereof;
III) the term "consumer" refers to an adult person who acts for reasons unconnected with any business or professional activities performed.
ACCEPTANCE OF THE GENERAL TERMS OF SALE
- a) All contracts will be concluded directly through access to the website corresponding with the address www.alysi.it, where the customer may conclude the contract for purchase of the good and/or product desired, carefully following the instructions and procedures indicated.
- b) These general terms of sale are an integral part of the sale contract, so they must be examined "on line" by the customer, before completion of the purchase procedure. Sending the order confirmation therefore implies full knowledge and acceptance of them.
- c) The general terms of sale may be revised or altered on line at any moment by Alysi Fashion S.r.l..
- d) On sending confirmation of the purchase order via computer, the customer unconditionally accepts and agrees to comply with the general terms of sale, in relations with Alysi Fashion S.r.l., including the terms of payment indicated below, declaring that they have viewed and accept all the terms indicated.
- e) Alysi Fashion S.r.l. does not consider itself bound by any different general terms unless they have been agreed beforehand and accepted in writing.
SALE PRICES AND PURCHASE METHODS
- a) All sale prices of products displayed and indicated on the website www.alysi.it, for which they constitute supply to the general public in accordance with art. 1336 of the Italian Civil Code, are inclusive of VAT and all other sales taxes within the national borders of Italy.
- b) The total cost of shipment and transport to the customer's domicile overseas will be clearly indicated and displayed before completion of the order.
- c) The purchase contract is concluded through precise compilation and consent to purchase, indicated through "on line" acceptance, and conditional upon payment.
- d) The customer may pay for the goods ordered using the payment methods indicated "on line" at the moment of purchase.
- a) Alysi Fashion S.r.l. will consign the products selected and ordered to the carrier / delivery service, thereby completing delivery, for them to be transported to the customer, at the address indicated by them.
- b) Alysi Fashion S.r.l. will deliver items ordered in Italy approximately 48/72 hours after courier collection from our warehouses while, for orders from the other European countries or countries outside Europe, approximately within 7 working days after courier collection from our warehouses. Alysi Fashion S.r.l. may not be held liable for late delivery or non-delivery attributable to causes of force majeure or chance.
- c) By compiling the personal details form in the registration procedure necessary to start the process for fulfilment of this contract and for any further relative communications, the customer and/or client authorises Alysi Fashion S.r.l. to communicate any non-sensitive personal data (residence, telephone number) to the delivery services and/or forwarding agents used for delivery of the goods purchased, in order to allow the procedures necessary for delivery.
- a) Alysi Fashion S.r.l. accepts no liability for disservices attributable to causes of force majeure, such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding and other similar events which prevent, in full or in part, fulfilment of the contract within the agreed times.
- b) Alysi Fashion S.r.l. will not be held liable with any party or third parties for damages, losses and costs suffered as a result of non-fulfilment of the contract for the reasons indicated above, with the customer being entitled solely to reimbursement of the price paid.
- c) Equally, Alysi Fashion S.r.l. may not be held liable for any fraudulent or unlawful use which may be made by third parties of credit cards, cheques and other means of payment, upon payment of the products purchased. Alysi Fashion S.r.l. is not able, at any moment of the purchase process, to learn the credit card number of the customer which, on opening of a protected connection, is transmitted directly to the operator of the banking service.
OBLIGATIONS OF THE CUSTOMER
- a) Once the "on line" purchase procedure is completed, the customer agrees to print and keep a copy of these general terms, which, in any case, they will already have viewed and accepted, since this is an obligatory step in purchase, and also of the specifications of the product being purchased, in order to satisfy in full the condition referred to in arts. 52 and 53 of Legislative Decree no. 205/06;
- b) Minors are strictly prohibited from making an "on line" order.
- c) The customer is strictly prohibited from entering any untrue and/or invented and/or fabricated information, in the registration procedure necessary for starting the process of fulfilment of this contract and for further relative communications. The personal details, address, telephone number and e-mail address indicated must be exclusively the actual ones of the person concerned and not those of third parties, or fabricated.
- d) Entering the data of third parties is strictly prohibited. Alysi Fashion S.r.l. reserves the right to prosecute any violation and abuse, in the interests and protection of all consumers.
- e) The customer exempts Alysi Fashion S.r.l. from all liability deriving from issuing of incorrect financial documents due to errors in the data provided by the customer, since the latter is solely responsible for its correct entry.
RIGHT OF WITHDRAWAL AND CLAIMS
- a) In accordance with art. 64 of Legislative Decree 205/06, the consumer may exercise the right of withdrawal and return the product received, in compliance with the time-limits and methods indicated hereunder.
- b) A consumer who, for any reason, is not satisfied with the purchase made, is entitled to withdraw from the contract signed, within 14 calendar days from date of delivery.
- c) A consumer who has excercised the right of withdrawal must issue the return request by entering on Your Profile on www.alysi.it, then doing click on the shopping bag near the confirmed order and follow the procedure. All articles must be returned to and received in perfect condition and in the same state in which they were received, in the original packaging and with the tags indicating the bar code and any other material which forms part of the packaging.
- d) In the case of compliance with all the terms and obligations of the consumer indicated, Alysi Fashion S.r.l. will reimburse the sale price of the article purchased, by direct refund on the card or PayPal account used for the payment, within 30 working days.
- e) The consumer who wants to change size or colour can do another order.
- f) Transport and customs costs will be entirely borne by the customer.
METHODS OF PAYMENT
- a) By compiling the specific box, present on the website of the banking system of payment, the consumer and/or customer authorises Alysi Fashion S.r.l. to use their credit card, or another card issued in replacement thereof, to charge to their own current account, in favour of Alysi Fashion S.r.l., the total amount indicated as the cost of the "on line" purchase. The entire procedure takes place through a protected connection directly connected to the bank institute which operates the "on line" payment service, to which Alysi Fashion S.r.l. has no access.
- b) If the consumer exercises the right of withdrawal, as contemplated by these contractual terms, the amount to be reimbursed will be paid via credit card or PayPal.
EXPRESS RESOLUTORY CLAUSE
- a) Alysi Fashion S.r.l. is entitled to terminate the contract signed, simply by notifying the consumer and/or customer, with sufficient and justified reasons; in this case, the customer will be entitled exclusively to reimbursement of any sum already paid.
- b) The obligations accepted by the customer in art. 7 of these terms (obligations of the customer) and the guarantee on collection of payment made by the customer using the means indicated in art. 2, are essential in nature, so that, by express agreement, non-fulfilment by the customer of even just one of said obligations will lead to legal termination of the contract in accordance with art. 1456 of the Italian Civil Code, without the need for a judicial sentence and without prejudice to the right of Alysi Fashion S.r.l. to take legal action for compensation of any further damages.
JURISDICTION AND COURT OF COMPETENT JURISDICTION
- a) All disputes relating to application, fulfilment, interpretation and violation of purchase contracts signed "on line" via the website www.alysi.it are subject to Italian jurisdiction; these general terms refer, for anything not expressly indicated therein, to the requirements of the Italian Civil Code, and also to Legislative Decree 205/06.
- b) For any dispute between the parties relating to this contract, the court of competent jurisdiction will be the one in the district where the consumer is domiciled; for all other disputes, the sole court of competent jurisdiction will be Rome Court.