For the purposes of these General Contract Conditions, the following definitions apply:
Seller: quattro srl with registered office via Visconti di Modrone 4 20122 Milan email administration4uattro@gmail, pec email@example.com, tel. +39 0239680011
Website or site: the web portal allocated on the 4uattro.com domain.
User: the person who accesses the Site, browsing and can make the online purchases of the products according to the required procedure;
Professional: the subject, including the user, who acts in the exercise of his entrepreneurial, commercial, artisan or professional activity;
Consumer: the subject, including the user, who acts for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out;
Services: the electronic commerce services made available to users by the seller through the website, such as the online purchase procedure in electronic commerce mode, the online catalog, the sales promotion services, the shopping cart e All the other tools that facilitate the navigation of the user on the Site, in addition to the services, accessories or not to the sale of a product, as well as any other and different activities that is carried out by the seller through the site;
Registration form: the form within the site through which the user proceeds to his registration; Where registration is not requested (purchases without registration) the discipline provided for the registration form applies, as compatible, also to the purchase system without registration;
Credentials: the user ID and the password chosen by the user when registering, to be used for the purposes of the site indicated from time to time;
General conditions: these general contract conditions, through which the seller intends to regulate the sales relationship with its customers;
Products: the products sold through the site under electronic commerce;
Order: the purchase proposal made by the user through the Site procedures;
Trolley: the phase of the purchase procedure in which the user formulates his purchase proposal by choosing the product, payment methods, delivery and the like;
Electronic commerce: a particular method of trade, governed in Italy by the consumer code and by the e-commerce decree, for which the two contracting parties, for example the seller and buyer in the sales contract, conclude the distance contract thanks to the Information society services (in particular internet) without their physical and simultaneous presence. Given the distance, the delivery of the products is not contextual and usually takes place by shipping through third party operators (couriers/shippers); Alternatively, the possibility that the withdrawal of the products purchased through electronic commerce takes place at the seller's office is provided.
Consumer Code: the Consumer Code, governed with Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions;
E-commerce decree: the implementation of Directive 2000/31/EC relating to certain legal aspects of the information company services in the internal market with particular reference to electronic commerce, governed with Legislative Decree 9 April 2003 n. 70 and subsequent amendments and additions;
Privacy Code: the Code regarding the protection of personal data, governed with Legislative Decree 30 June 2003, n. 196 and subsequent amendments and additions;
2. Application of these General Conditions
These General Conditions govern the general rules of the services offered by the seller through the website to all users.
In particular, through these General Conditions, the seller intends to inform users of their rights, as deriving from this report and in any case from the consumer code, in particular from his party III, Title III, Capo I "of the rights of consumers in the Contracts ", sections from I to IV (articles 45 to 67), as well as by the e-commerce decree, from the EU regulation 2016/679 and the Privacy Code, whose information is available on our site.
The user accepts these General Conditions, for the applicable parties, when navigating the site continues.
The user will have to approve these general conditions at the moment in which he carries out the order procedure, as described below.
This site offers the sale of consumer goods and the provision of related services under electronic commerce.
The seller is the only owner of the site and therefore through it the user tightens a sales and/or provision of services exclusively with the seller himself, without prejudice to different indication in these General Conditions.
Any relationships and transfers of data with third parties will be specifically indicated on the site as well as in these General Conditions.
The delivery and shipping services are expressed in the event that the user uses couriers/shippers directly chosen independently and all the other services that will be reported on the site.
Registration coincides with the opening of an account and can be made at any time.
To proceed with the registration, the user must follow the procedure provided on the Site. The registration procedure allows the seller to guarantee the personality of the account and try to avoid illegal recordings.
During registration, the user expressly accepts these General Conditions.
In any case, the user guarantees the completeness, correctness and truthfulness of the data provided.
In particular, the user guarantees: a) be of age and capable (if minor, registration, the insertion of the data and the purchase procedure must be performed by a parent or in any case by an adult); b) possess the requirements required at the time of registration or order; c) be the legitimate owner of the data entered, to be understood true, correct and updated; d) observe all the legal and contractual rules applicable to the relationship with the seller; e) undertake to comply with the provisions dictated by national legislation with particular reference to the rules of an imperative nature, relating to public order and morality; f) do not transfer their credentials to third parties.
The seller reserves the right not to accept the request for registration or order, as well as to remove a user in all cases in which an abuse, irregularities, incorrectness and the like can be recognized.
The user is exclusive responsible for accessing the Site through his credentials and responds to all the operations carried out on the same through the credentials themselves.
In any case, the user undertakes not to use the registration and services connected for profiling purposes of other users, direct or indirect marketing, of competition, industrial espionage, as well as for any other purpose that is in contrast with the Site and services.
All data communicated by users to the seller will be processed in compliance with the EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the information on the site. The e-mail address conferred allows the seller to notify everyone Messages relating to services, products and the site in general.
5. Use of social profiles
As an alternative to the above procedures, a registration procedure may be available to the Site through an already active user profile on a social network.
In this case, using this procedure, the user agrees to create a connection between the site and that of his profile, with the consequent transmigration of a series of data between these two resources, according to the privacy settings established by the user himself.
In any case, the rules on the registration procedure exposed above will be applied to this type of registration.
The site deals with retail sale, in electronic commerce mode, mainly of products consisting of clothing, bags, shoes and other accessories.
The products and offers contained on the site will be available and valid until they remain online, stop what will be said later.
The information and characteristics relating to the products is indicated and illustrated on the site within each product sheet.
The user must pay attention to the selection of the measure produced by viewing the "sizes and measures" table that can be consulted on the page of each article. Considering that online sale is a distance sale, the indication and verification of the measure is an entirely remitted operation.
The prices are indicated in each product sheet at the time of the order and must be considered, unless otherwise indicated, per unit of product.
Any other additional expense, such as shipping costs and any other accessory expenditure will be punctually reported during order and counted separately, in addition to the price of the product itself considered, highlighting the total cost of the sale last.
For a delivery in the European Union, prices are indicated VAT, calculated according to the Italian rate applicable to the day of the order. No other customs tax or VAT will be to be paid for a delivery within the European Union, except in cases in which it is expressly provided for by law.
In the event of delivery outside the European Union, it is the burden of the user to weld customs taxes, or any other taxes relating to the import of products in the country where delivery will be made. Each formality in this regard will be exclusively borne by the user, unless otherwise indicated. In any case, the user is the only responsible for verifying the possibilities of importing the products ordered regarding the law of the territory of the country of delivery.
The seller reserves the right to evaluate any quantitative limits of purchase of the products and therefore to suspend the order in the event that the number of products ordered is unjustifiably high: in this case, the user will be promptly contacted for the relative information.
8. Purchase and conclusion procedure of the sale
The user can buy all the products offered for sale within the Site, illustrated and described in the respective information sheets.
The publication of the products on the Site constitutes an invitation to the User to formulate a contractual purchase proposal and entails the complete knowledge and full acceptance of these General Conditions.
The purchase procedure is indicated on the Site. To conclude the contract, the user must fill in the order form in electronic format and transmit it to the seller electronically, following the relative instructions.
The order form contains a postponement to these General Conditions also containing the information on the right of withdrawal, as well as a summary of the information on the essential characteristics of each ordered product and the relative price (including all applicable taxes and taxes), of the means of payment and the methods of delivery of the products purchased, the shipping costs, the conditions for the exercise of the right of withdrawal where applicable and the methods and times for the return of the products.
The purchase order is considered to be made at the time of the "click" validation by the user.
The acceptance of the order by the seller takes place through the sending of a confirmation e-mail to the e-mail address communicated by the user.
It should be noted that during the shipment the seller carries out further control of both the quality and the actual availability of what is ordered and therefore the same reserve the possibility of canceling the order or part of it in case of defects of conformity of the products ordered are found , or in the event that these products are no longer available. In such cases, the seller will reimburse the provisions of the consumer within 48/72 hours.
The seller reserves the right not to accept the order or to suspend it in the cases provided for in these General Conditions, such as in the event that the quantity of goods ordered is unusual and suspicious of any incorrect behavior by the buyer.
The conclusion of the sales contract will take place only when the purchase proposal will receive the seller's order confirmation.
9. Payment methods
The user must pay the price of the requested products, taxes and accessory costs according to the methods provided for the site.
The payment methods available in general on the site are as follows:
a) Paypal: to be carried out using the tools proposed on the site.
b) Credit cards and prepaid cards: you can make purchases using credit cards and prepaid cards, compatibly with what is indicated on the site and compatibly with the accepted payment circuits.
c) Bank transfer to the IBAN indicated.
10. Failure to pay
In no case is the early delivery of products compared to the payment of the total sum due.
11. Evasion of the order and delivery of the product
The evasion of the order will be performed within the terms indicated on the site and specified in the order by the seller.
At the time of confirmation of the order, the seller will send an email containing the traceability of the shipment within 48 from the moment of signing the order.
The geographical area of delivery of the products corresponds to the geographical area of coverage of the offer, also taking into account the import rules of the individual countries: any, but not exhaustive, unavailability of delivery will be visible on the site (in any case the seller does not take responsibility for any impossibility of imports).
Except above, the products will be delivered to the address indicated by the user during the order: any failure to deliver the product for incorrect or omitted contact information will not be responsibility for the seller.
Delivery is intended to the road surface and will be carried out from Monday to Friday, during normal office hours, excluding national holidays, except different indication.
In case of absence of the user or the different recipient indicated at the time of delivery, the products must be collected at the address and according to the methods indicated by the courier.
In case of non -withdrawal within the aforementioned term, the products will be returned to the seller, which reserves the right to repay the price of the products, leaving the shipping costs to be paid by the user.
In case of delays, failures, total or partial losses or other problems, the user must contact the seller in order to solve the problem as soon as possible.
If anomalies determined during transport (damage, rupture, periment, etc.) were found on the products delivered, the user will have to communicate to the seller within 24 hours from receipt of the goods, providing the seller himself suitable to prove these anomalies. Failure to comply with the provisions of this paragraph precludes the replacement of damaged products by the seller.
Professional sale to consumer (B2C)
Legal guarantee of conformity
In the event that the buyer is a consumer, he has the right to the legal guarantee of conformity on the goods sold.
In particular, the seller has the obligation to deliver the product to the consumer in accordance with the sales contract. To this end, it is assumed, among other things, that the product complies with the contract if, where applicable, the following circumstances coexist:
a) it is suitable for the use to which usually serve assets of the same type;
b) complies with the description made by the seller;
c) presents the habitual qualities and performances of an asset of the same type, that the consumer can reasonably expect, taking into account the nature of the property and, if necessary, of the public declarations on the specific characteristics of the product made in this regard by the seller;
The seller is not bound by the public declarations referred to in letter c) which precedes, when, also alternatively, shows that:
1) He was not aware of the declaration and could not know it with ordinary diligence;
2) the declaration was adequately correct within the moment of the conclusion of the contract in order to be known to the consumer;
3) The decision to purchase the product was not influenced by the declaration.
There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect and could not ignore him with ordinary diligence.
In any case, the seller's liability is excluded if:
1) vices or discrepancy were known by the consumer and did not report them ritually;
2) vices or discrepancy derive from instructions provided by the consumer himself;
3) the defects or discrepancies are slightly and the restoration is impossible or excessively expensive;
4) vices or discrepancies derive from tampering or technical intervention of unauthorized staff;
5) In case of incorporation / use of the seller's product in another product not attributable to the seller himself, if the discrepancy is due to the conception of the latter or to the incorporation / use instructions;
In case of delayed delivery of the products because of the seller, the responsibility is however limited to a maximum amount equal to the price of the sale.
In no case will the expenses incurred by the consumer independently without express preventive consent of the seller will be recognized as compensation for damages.
The possible presence of a conventional guarantee for certain products will be communicated on the Site, with the respective conditions, in the specific tab of the products.
In the presence of a defect in conformity, the consumer has the right to restore, without expenses, of the compliance of the property by repairing or replacement, or to an adequate reduction in the price or the termination of the contract.
To his choice, the consumer may also ask to repair the good or to replace him, without expenses in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
One of the two remedies is considered excessively onerous if it requires unreasonable expenses to the seller compared to the other, taking into account:
a) of the value that the good would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) of the event that the alternative remedy can be experienced without considerable inconveniences for the consumer.
The repairs or substitutions will be made within an adequate term from the request.
The consumer may also request, by his choice, a congruous reduction of the price or the termination of the contract where one of the following situations appeals:
a) repair and replacement are impossible or excessively onerous;
b) the seller did not repair or replace the asset within the aforementioned term above;
c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
In determining the amount of the reduction or the sum to be returned, in any case, the use of the asset is taken into account.
After the complaint of the lack of conformity, the seller can offer any other available remedy, with the following effects:
a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the start of the adequate term mentioned above, except for the consumer of the proposed alternative remedy;
b) if the consumer has not already requested a specific remedy, he will have to accept the proposal or reject it by choosing another remedy as indicated above.
A lack of mild conformity for which it was not possible or it is excessively expensive to carry out the remedies of repair or replacement, it does not entitle the right to terminate the contract.
In cases where the product has a defect in conformity, the consumer must report it to the seller within one month from the purchase of the product to the address firstname.lastname@example.org
The consumer decays from the guarantee rights if he does not report to the seller the lack of conformity within the term indicated above.
N.B. Cares relating to alleged conformity defects will not be considered valid in the event that the failure to comply with the consumer of the washing or maintenance instructions specified in the appropriate labels applied to the products is evident.
The products are all compliant with the information discipline on the parties that make them up and other applicable regulations.
The damage that the product should cause things or people are compensable within the limits referred to in the consumer code where applicable, without prejudice to the deductible pursuant to art. 123 of Euro 387.
13. Right of withdrawal
In the case of B2C sales, pursuant to articles 52 and ss. of the consumer code, the consumer has the right to withdraw from the purchase contract without any penalty and without any obligation to specify the reasons.
However, the exercise of the right of withdrawal is excluded, among other things, in the following cases:
• sale of tailor -made or clearly customized assets;
• sale of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to health protection and have been opened after delivery.
Where vice versa applicable, the right of withdrawal must be exercised within 14 (fourteen) days starting from the day when the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the product (or from the date of receipt of the product).
To exercise the right of withdrawal, the consumer must send, before the expiry of the term, a communication to the seller with explicit motivation of his decision to withdraw. This declaration must be sent by email to email@example.com. The acceptance of the consumer's request by the seller will take place via email and will contain the indications necessary to organize the withdrawal of the product, including the return document and the car letter necessary for shipment. They will not be accepted rendered without explicit confirmation by the seller.
The product must be returned to its original packaging and in a state of perfect cleaning.
The substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. They will not be accepted damaged, or present signs of usury, but only those kept in the normal state of conservation and/or kept with the use of normal diligence.
A copy of the return document will be inserted within the packaging box.
Direct costs for returning the product, including any insurance costs, are borne by the seller.
Once the integrity of the returned product and compliance with the other conditions indicated above, the seller will refund the consumer the entire amount of the product, with the exception of shipping costs, no later than 14 (fourteen) days from the date of receipt of the product, through the same means of payment used by the consumer. In any case, the seller will be able to hold back the refund until he has received the return products.
For further instructions, please refer to the "Shipping and returns" section.
Where applicable, the right of withdrawal sets to each obligation between the parties, without prejudice to the obligations to return the products and reimbursement and all the others described above, in addition to terminating all any accessory contracts by law.
14. Forza Maggiore
In case of force majeure, the execution of the order will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which the seller will consider the order automatically canceled.
In addition to those normally considered, the total or partial strikes, internal or outside the seller's company, the blockage of means of transport or supply for any reason, government or legal restrictions, computer faults or are considered to be cases of force majeure. Electric, blocking of telecommunications including networks and in particular internet, problems that affect the functioning of the machinery used for production, unavailability of raw materials or delays in their delivery and the like.
In any case, the interest of the interest in maintaining the order may be sent to the seller, in which case a new deadline will be set which, if, if it were to persist the cause of force majeure, will be asked to confirm the will to keep in the 'Purchase order.
15. Industrial and intellectual property rights
The site, the "4uattro" brand and any asset subject to intellectual and industrial ownership pertaining to the same are the exclusive property of the seller, which is also the owner of the intellectual property rights of the site and of the right of dissemination of the elements that are contained in the catalog online diffusion, for which he obtained the necessary authorizations from the people concerned, unless otherwise indicated.
Partial or total reproduction, on any type of support, the use of the elements that make up the site and the catalog, their use as well as their transfer to third parties are formally prohibited.
Therefore, it is forbidden to copy, disseminate and modify the content protected by copyright, registered trademarks or other intellectual and industrial property rights.
The brands and logos of the platforms that grant payment tools, social networks, couriers and the like and any other logo not directly or indirectly attributable to the seller are owned by the respective owners and are indicated on this site only for information purposes to allow the execution of the related services.
16. Site safety and users
The goal is to make the use of the site safe by all users, however the seller cannot guarantee it.
To this end, the seller himself asks that all users help him to guarantee the security of the site and for this reason it is forbidden to publish spam, develop or use third party applications with illicit content or in any case against public morality or morality; Use the site and services for illegal, misleading, malicious or discriminatory purposes; take actions that can prevent, overload or compromise the correct functioning or appearance of the site or services; Enter false and/or invented data and/or fantasy and/or third people other than the user, except in cases of legal representation, in the registration procedure necessary to activate the process for the execution of this contract and the relative further communications; commit any other action is harmful to the seller, for its partners and for its users.
17. Express resolutive clause
The sales contract is resolved by law, pursuant to art. 1456 Civil Code, in all cases of violation of the rules of these general conditions and in particular of the following ones:
10) failure to pay;
15) Industrial and intellectual rights rights
16) Safety and users safety.
18. Nullity or ineffectiveness of the clauses
If a clause of these General Conditions is nothing or ineffective, the possible nullity or ineffectiveness will not extend to the remaining clauses, which will therefore continue to remain valid and effective.
19. Changes to these General Conditions
The seller reserves the right to modify, at any time and without notice, the content of these General Conditions: the report will be regulated by the text of the General Conditions published on the Site at the time of the sending order by the User Updates will be indicated in the heading of the text with the last update date.
The user is therefore invited to take express vision of the text of these General Conditions always before sending the purchase order, in order to verify the text updated at the time of the order itself.
20. postponement for sector regulations
Although not expressly derogated from these General Conditions, in addition to Legislative Decree 6 September 2005, n. 206 (Consumer Code) and SS.II.MM. For the respective scope, the other regulations applicable with espresso, but not exhaustive, reference to Legislative Decree 9 April 2003, n. 70 (Implementation of Directive 2000/31/EC relating to certain legal aspects of the information society services, in particular electronic commerce, in the internal market) and SS.II.MM., as well as to Legislative Decree 30 June 2003 , n. 196 (Privacy Code), the Civil Code and other applicable sector regulations.
21. processing of personal data (privacy)
22. applicable law
The general conditions and services described in them are regulated exclusively by Italian law, the community rules of the European Union and by the international conventions that have effect and are recognized in the Italian Republic.
23. complaints and resolution tools of any disputes
The user can submit any complaints to the following contact details:
Via Visconti di Modrone 4
* via pec a firstname.lastname@example.org
* by ordinary email to email@example.com
In any case, for the termination of disputes arising from the exact application of the contract, it is possible to resort to the accommodation resolution procedures of the disputes, referred to in Part V, Title II-bis, of the Consumer Code, in front of the mediation bodies in the matter of consumption pursuant to Legislative Decree 4 February 2010 n. 28 and other ADR bodies (i.e. of alternative dispute resolution, therefore of resolution of alternative disputes to the judicial or in any case dispute) indicated therein.
The seller recalls in particular that the European Union has implemented a platform for the resolution of disputes built online, so please consult this link: https://webgate.ec.europa.eu/odr
or this address, which refers directly to the Italian -language platform:
24. Jurisdiction and competent Forum
Except for the above, for any dispute inherent in the interpretation, execution and resolution of these general conditions and of the sales relationship that follows, if the user is a consumer he will be able to choose alternatively whether to contact the judicial authority of his domicile (if different from Italy) or to the Italian judicial authority, in the event of application of the Brussels Convention of 1968 or of the Community Regulation 1215/2012.
In the case of Italian jurisdiction, if the user is a consumer, the mandatory territorial jurisdiction is of the judge of the place of his residence or his home, pursuant to art. 66-bis Legislative Decree 206/2005.
If the user is a professional in accordance with applicable legislation, however, the Italian judicial authority has exclusive jurisdiction and only the Milan forum is competent.
Any exclusive and mandatory jurisdictions and competences provided for by the sector legislation remain without prejudice to.
Any communication between the parties will be considered valid and effective if carried out to the contact details indicated in these General Conditions or in the particular conditions or to those subsequently varied and communicated to the other party to the last known and valid address.