Terms and conditions of sale

1. Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

Seller: QUATTRO SRL with registered office in Via Visconti di Modrone 4 20122 Milan email amministrazione4uattro @ gmail, PEC Quattro.srl@legalmail.it, tel. +39 0239680011

Website or Site: the web portal located on the 4uattro.com domain.

User: the person who accesses the Site, browses and can make online purchases of the Products according to the established procedure;

Professional: the person, including the User, who acts in the exercise of his business, commercial, craft or professional activity;

Consumer: the subject, including the User, who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;

Services: the Electronic Commerce services made available to Users by the Seller through the Website, such as the online purchase procedure in e-commerce mode, the online catalog, sales promotion services, the shopping cart and all other tools that facilitate the User's navigation on the Site, in addition to services, whether or not accessory to the sale of a Product, as well as any other and different activity that is carried out by the Seller through the Site;

Registration form: the form on the Site through which the User proceeds to register on the same; where registration is not required (purchases without registration) the rules provided for the Registration Form apply, insofar as compatible, also to the purchase system without registration;

Credentials: the USER ID and PASSWORD chosen by the User during registration, 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: products sold through the Site under the Electronic Commerce regime;

Order: the purchase proposal made by the User through the Site procedures;

Cart: the phase of the purchase procedure in which the User makes his purchase proposal by choosing the Product, the methods of payment, delivery and the like;

Electronic Commerce: a particular mode of commerce, governed in Italy by the Consumer Code and the e-commerce Decree, whereby the two contracting parties, for example the seller and the buyer in the sales contract, conclude the distance contract thanks to information society services (in particular the internet) without their physical and simultaneous presence. Given the distance, the delivery of the products is not contextual and usually takes place by shipment through third party operators (couriers / forwarding agents); alternatively, it is also possible that the withdrawal of the Products purchased through e-commerce takes place at the Seller's headquarters.

Consumer Code: the Consumer Code, governed by 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 information society services in the internal market with particular reference to electronic commerce, governed by Legislative Decree no. 9 April 2003 no. 70 and subsequent amendments and additions;

Privacy Code: the Personal Data Protection Code, governed by Legislative Decree 30 June 2003, n. 196 and subsequent amendments and additions;

Privacy Policy: the privacy policy, drawn up in compliance with 13 and 14 of EU Regulation 2016/679 (GDPR) and of Legislative Decree 196/03 (Privacy Code) as reformed by Legislative Decree 101/2018.

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 its Part III, Title III, Chapter I "Of the rights of consumers in contracts ", Sections I to IV (articles 45 to 67), as well as the e-commerce Decree, the EU Regulation 2016/679 and the Privacy Code, whose information can be found on our site.

The User accepts these General Conditions, for the applicable parts, when continuing to browse the Site.

The User must approve these General Conditions when making the order procedure, as described below.

3. Object

This Site offers the sale of consumer goods and the provision of related services under the Electronic Commerce regime.

The Seller is the sole owner of the Site and therefore through it the User enters into a relationship of sale and / or provision of services exclusively with the Seller himself, unless otherwise indicated in these General Conditions.

Any relationships and data transfers with third parties will be specifically indicated on the Site as well as in these General Conditions.

 

The delivery and shipping services are the express exception in the event that the User makes use of directly chosen couriers / shippers and all other services that will be reported on the Site.

4. Registration

Registration coincides with the opening of an account and can be done at any time.

To proceed with 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 abusive registrations.

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 that: a) be of age and capable (if a minor, the registration, data entry and purchase procedure must be performed by a parent or in any case by an adult); b) possess the requisites required at the time of registration or order; c) be the legitimate owner of the data entered, to be considered true, correct and updated; d) comply with all legal and contractual provisions applicable to the relationship with the Seller; e) undertake to comply with the provisions dictated by national legislation with particular reference to mandatory rules relating to public order and morality; f) not to transfer their credentials to third parties.

The Seller reserves the right not to accept the registration or order request, as well as to remove a User in all cases in which abuse, irregularity, incorrectness and the like may be identified.

The User is solely responsible for accessing the Site using their Credentials and is responsible for all operations carried out on the Site using the Credentials themselves.

In any case, the User undertakes not to use the registration and related Services for profiling purposes of other Users, direct or indirect marketing, 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 EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the Information on the Site. The e-mail address provided allows the Seller to notify the User of all messages relating to the Services, products and the Site in general.

5. Use of social profiles

As an alternative to the above procedures, a registration procedure on the Site may be available through a User profile already active on a social network.

In this case, using this procedure, the User agrees to create a link between the Site and that of his profile, resulting in the transmission of a series of data between these two resources, according to the Privacy settings established by the User.

In any case, the rules on the registration procedure set out above will be applied to this type of registration, insofar as they are compatible.

6. Products

The Site deals with retail sales, in e-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 as long as they remain online, without prejudice to what will be said later.

The information and characteristics relating to the Products are indicated and illustrated on the Site within each product sheet.

The user must pay attention to the selection of the product size by viewing the "sizes and measures" table which can be consulted on the page of each item. considering that the online sale constitutes a distance sale, the indication and verification of the measure is an operation entirely left to the user.

7. Price

The prices are indicated in each product sheet at the time of the order and must be considered, unless otherwise indicated, per product unit.

Any other additional expense, such as shipping costs and any other ancillary expenses, will be promptly reported at the order stage and counted separately, in addition to the price of the product itself considered, finally highlighting the total cost of the sale.

For a delivery in the European Union, the prices are indicated including VAT, calculated according to the Italian rate applicable on the day of the order. No other customs duties or VAT will be payable for a delivery within the European Union, except in cases where it is expressly required by law.

In case of delivery outside the European Union, it is the User's responsibility to pay the customs duties, or any other taxes relating to the importation of the products in the country where the delivery will be made. Any formalities in this regard will be the sole responsibility of the User, unless otherwise indicated. In any case, the User is solely responsible for verifying the possibility of importing the ordered products with regard to the law of the territory of the country of delivery.

The Seller reserves the right to evaluate any quantitative limits on the purchase of 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 relevant information.

8. Purchase procedure and conclusion of the sale

The User can purchase all the products offered for sale on 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 implies full knowledge and full acceptance of these General Conditions.

The purchase procedure is indicated on the Site. To conclude the contract, the User must complete the Order Form in electronic format and transmit it electronically to the Seller, following the relative instructions.

The Order Form contains a reference 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 product ordered and the relative price (including all applicable taxes and duties), the means of payment and the methods of delivery of the purchased products, the shipping costs, the conditions for exercising the right of withdrawal where applicable and the methods and times for returning the products.

The purchase order is considered to have been made at the time of the validation "click" by the User.

The acceptance of the Order by the Seller takes place by sending a confirmation e-mail to the e-mail address communicated by the User.

We inform you that during the shipping phase the Seller carries out a further check of both the quality and the actual availability of the ordered items and therefore reserves the possibility of canceling the order or part of it in the event that any lack of conformity of the Products ordered is found. , or in the event that said Products are no longer available. In such cases, the Seller will refund the amount paid by 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 suspected of any incorrect behavior on the part of the buyer.

The conclusion of the sales contract will take place only when the purchase proposal receives the order confirmation from the Seller.

9. Methods of payment

The User must pay the price of the requested products, taxes and ancillary costs in the manner provided on the Site.

The payment methods generally available on the Site are the following:

a) Paypal: to be carried out using the tools offered on the Site.

b) Credit Cards and Prepaid Cards: it is possible to 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 indicated IBAN.

10. Failure to pay

In no case is anticipated delivery of the Products with respect to the payment of the total amount due.

11. Order fulfillment and product delivery

The order will be processed within the terms indicated on the Site and specified in the order by the Seller.

Upon confirmation of the Order, the Seller will send an email containing the traceability of the shipment within 48 from the time 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 assume responsibility for any impossibility of imports).

Except for the above, the Products will be delivered to the address indicated by the User when ordering: any failure to deliver the product due to incorrect or omitted delivery information will not be the responsibility of the Seller.

Delivery is to the street level and will be made from Monday to Friday, during normal office hours, excluding national holidays, unless otherwise indicated.

In the absence of the User or the other recipient indicated at the time of delivery, the Products must be collected at the address and in the manner indicated by the courier.

In case of failure to collect within the aforementioned period, the products will be returned to the Seller, who reserves the right to refund the price of the products, leaving the shipping costs to be paid by the User.

In the event of delays, breakdowns, total or partial losses or other problems, the User must contact the Seller in order to resolve the problem as soon as possible.

If anomalies determined during transport (damage, breakage, deterioration, etc.) are found on the delivered products, the User must notify the Seller within 24 hours of receipt of the goods, providing the Seller with photographic documentation suitable to prove said anomalies. Failure to comply with the provisions referred to in this paragraph precludes the replacement of damaged products by the Seller.

12. Guarantees

Sales from Professional to Consumer (B2C)

Legal guarantee of conformity

In the event that the buyer is a consumer, he is entitled to the legal guarantee of conformity on the goods sold.

In particular, the Seller is obliged to deliver to the Consumer the Product in compliance 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) is suitable for the use for which goods of the same type are normally used;

b) conforms to the description made by the Seller;

c) presents the usual qualities and performances of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements 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) above, when, also alternatively, it proves that:

1) he was not aware of the declaration and could not have known it with ordinary diligence;

2) the declaration has been adequately corrected by the time 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 it with ordinary diligence.

In any case, the Seller's liability is excluded if:

1) the defects or discrepancies were known by the Consumer and did not report them ritually;

2) the defects or discrepancies derive from instructions provided by the Consumer himself;

3) the defects or discrepancies are minor and the restoration is impossible or excessively burdensome;

4) defects or discrepancies derive from tampering or technical intervention by unauthorized personnel;

5) in the event of incorporation / use of the Seller's Product into another product not attributable to the Seller itself, if the discrepancy is due to the latter's conception or to the instructions for incorporation / use;

In case of delayed delivery of the Products due to the Seller's fault, the liability is in any case limited to a maximum amount equal to the sale price.

In no case will the expenses incurred by the Consumer autonomously without the express prior consent of the Seller be recognized as compensation for damage.

The presence of a conventional guarantee for certain products will be communicated on the Site, with the respective conditions, in the specific product sheet.

Consumer rights

In the presence of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to terminate the contract.

At his choice, the Consumer can also ask to repair the good or replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other.

One of the two remedies is considered excessively burdensome if it imposes unreasonable costs on the Seller compared to the other, taking into account:

a) the value that the asset would have if there was no lack of conformity;

b) the extent of the lack of conformity;

c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer.

Repairs or replacements will be made within a reasonable time from the request.

The Consumer may also request, at his choice, an appropriate reduction in the price or the termination of the contract if one of the following situations occurs:

a) repair and replacement are impossible or excessively expensive;

b) the Seller has not repaired or replaced the goods within the appropriate period referred to 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, the use of the property is taken into account in any case.

After reporting the lack of conformity, the Seller may offer any other remedy available, 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 expiry of the appropriate term referred to above, unless the Consumer accepts the alternative remedy proposed;

b) if the Consumer has not already requested a specific remedy, he must accept the proposal or reject it by choosing another remedy as indicated above.

A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.

Terms

In cases where the Product has a lack of conformity, the Consumer must notify the Seller within one month of purchasing the product at info@4uattro.com

The Consumer loses his warranty rights if he does not report the lack of conformity to the seller within the period indicated above.

N.B. Disputes relating to alleged lack of conformity will not be considered valid in the event that it is evident that the consumer does not comply with the washing or maintenance instructions specified on the special labels applied to the products.

Product warranty

The Products all comply with the disclosure regulations on the parts that compose them and with the other applicable regulations.

The damage that the Product should cause to things or people can be compensated within the limits set out 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 art. 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.

The exercise of the right of withdrawal is however excluded, among other things, in the following cases:

• sale of goods made to measure or clearly personalized;

• sale of sealed goods that cannot be returned for reasons of hygiene or related to health protection and have been opened after delivery.

Where vice versa applicable, the right of withdrawal must be exercised within 14 (fourteen) days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product (or from the date 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 reasons for his decision to withdraw. This declaration must be sent by email to info@4uattro.com. The acceptance of the Consumer's request by the Seller will take place via email and will contain the information necessary to organize the collection of the product, including the return document and the waybill necessary for shipment. Returns will not be accepted without explicit confirmation from the Seller.

The product must be returned in its original packaging and in a perfectly clean state.

The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Returns that are damaged or show signs of wear will not be accepted, but only those kept in a normal state of conservation and / or kept with the use of normal diligence.

A copy of the return document will be placed inside the packaging box.

The 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 have been verified, the Seller will refund the Consumer the full amount of the Product, excluding shipping costs, no later than 14 (fourteen) days from the date of receipt. of the Product, using the same payment method used by the Consumer. In any case, the Seller may withhold the refund until he has received the returned Products.

For further instructions, please refer to the "shipping and returns" section.

Where applicable, the right of withdrawal puts an end to any obligation between the parties, without prejudice to the obligations to return the Products and reimbursement and all the others described above, in addition to resolving by right all any accessory contracts.

14. Force majeure

In the event 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 deem the Order automatically canceled.

In addition to those normally considered cases of force majeure, total or partial strikes, internal or external to the Seller's company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures or electricity, blocking of telecommunications including networks and in particular the internet, problems affecting the operation of machinery used for production, unavailability of raw materials or delays in their delivery and the like.

In any case, the Seller may be sent a communication demonstrating the interest in keeping the Order, in which case a new deadline will be set, after which, if the cause of force majeure persists, he will again be asked to confirm the will to keep the order firm. 'Purchase order.

15. Industrial and intellectual property rights

The Site, the "4uattro" brand and all goods subject to intellectual and industrial property relating to them are the exclusive property of the Seller, who is also the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the catalog of online dissemination, for which it has obtained the necessary authorizations from the persons 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 and their transfer to third parties are formally prohibited.

It is therefore forbidden to copy, disclose and modify the contents 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 the property of their respective owners and are indicated on this Site only for information purposes to allow the execution of the related Services.

16. Site and User Security

The goal is to make the use of the Site safe by all Users, however the Seller cannot guarantee this.


To this end, the Seller himself requests 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 illegal content or in any case contrary to public morality or morality; use the Site and the Services for any illegal, deceptive, malicious or discriminatory purpose; undertake actions that may prevent, overload or compromise the correct functioning or appearance of the Site or the Services; enter false and / or invented and / or fictional data and / or of third parties other than the User, except in cases of legal representation, in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; committing any other action that is detrimental to the Seller, its partners and its users.

17. Express termination clause

The sales contract is terminated by law, pursuant to art. 1456 of the civil code, in all cases of violation of the rules of these General Conditions and in particular of the following ones:

10) Non-payment;

15) Industrial and intellectual property rights

16) Site and user security.


18. Nullity or ineffectiveness of the clauses

If a clause of these General Conditions is found to be null or ineffective, any 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 relationship will be governed by the text of the General Conditions published on the Site at the time the User sends the Purchase Order. . Updates will be indicated in the header of the text with the date of the last update.

The User is therefore invited to expressly read the text of these General Conditions always before sending the Purchase Order, in order to check the updated text at the time of the Order.

20. Reference to sector regulations

Although not expressly derogated from these General Conditions, in addition to Legislative Decree 6 September 2005, n. 206 (Consumer Code) and subsequent amendments for the respective field of application, express reference is made to the other applicable regulations with express, but not exhaustive, reference to Legislative Decree 9 April 2003, n. 70 (Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services, in particular electronic commerce, in the internal market) and subsequent amendments, as well as to Legislative Decree 30 June 2003 , no. 196 (Privacy Code), the Civil Code and other applicable sector regulations.

21. Treatment of personal data (Privacy)

The User is invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to Articles 13 and 14 of EU Regulation 2016/679 (GDPR) and the Privacy Code, as well as the information on the use of cookies pursuant to art. 122 of the Privacy Code, reported on the specific page of the Site, with the relative consent to the processing where required.

22. Applicable Law

The General Conditions and the Services described therein are governed exclusively by Italian law, by 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 for any disputes

The User can forward any complaints to the following addresses:

Quattro Srl

Via Visconti di Modrone 4

20122 Milan

* via PEC to quattro.srl@legalmail.it

* via ordinary email to info@4uattro.com

In any case, for the resolution of disputes arising from the exact application of the contract it is possible to resort to the out-of-court dispute resolution procedures, referred to in part V, title II-bis, of the Consumer Code, before the mediation bodies on the matter. of consumption pursuant to Legislative Decree 4 February 2010 n. 28 and to the other ADR bodies (i.e. Alternative Dispute Resolution, therefore alternative dispute resolution to judicial or otherwise contentious disputes) indicated therein.

The Seller reminds in particular that the European Union has implemented a platform for the resolution of disputes arising online, so please consult this link: https://webgate.ec.europa.eu/odr

or this address, which refers directly to the platform in Italian:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT

24. Jurisdiction and Competent Court

Without prejudice to the foregoing, for any dispute relating to the interpretation, execution and resolution of these General Conditions and the resulting sales relationship, if the User is a Consumer, he can alternatively choose whether to contact the Judicial Authority of his domicile (if other than Italy) or to the Italian Judicial Authority, in case of application of the 1968 Brussels Convention or Community Regulation 1215/2012.

In the case of Italian jurisdiction, if the User is a Consumer, the mandatory territorial jurisdiction lies with the judge of the place of his residence or domicile, pursuant to art. 66-bis of Legislative Decree 206/2005.

If the User is a Professional under the applicable legislation, however, the Italian Judicial Authority has exclusive jurisdiction and the Court of Milan is exclusively competent.

Any exclusive and mandatory jurisdictions and competences provided for by sector legislation remain unaffected.

25. Communications

Any communication between the Parties will be considered valid and effective if made at the addresses indicated in these General Conditions or in the Special Conditions or to those subsequently changed and communicated to the other party at the last known and valid address.