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 at 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 at the domain 4uattro.com.
User: the subject who accesses the site, navigates, and can make online purchases of products according to the prescribed procedure;
Professional: the subject, including the user, who acts in the exercise of their entrepreneurial, commercial, artisanal, or professional activity;
Consumer: the subject, including the user, who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out;
Services: the e-commerce services made available to Users by the Seller through the Website, such as the online purchasing 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, as well as services, whether accessory or not to the sale of a Product, as well as any other different activity carried out by the Seller through the Site;
Registration form: the form present within the site through which the user proceeds with their registration; where registration is not required (purchases without registration), the rules provided for the registration form apply, 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 as indicated from time to time;
General Conditions: these General Conditions of Contract, through which the seller intends to regulate the sales relationship with its customers;
Products: the products sold through the site under the e-commerce regime;
Order: the purchase proposal made by the user through the site's procedures;
Cart: the phase of the purchasing procedure in which the user makes their purchase proposal by selecting the product, payment methods, delivery, and similar;
E-commerce: a particular mode of commerce, regulated 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 contract at a distance thanks to the services of the information society (in particular the internet) without their physical and simultaneous presence. Given the distance, the delivery of products is not simultaneous and usually occurs through shipping via third-party operators (couriers/shippers); alternatively, it is also provided that the collection of products purchased through e-commerce may take place at the Seller's premises.
Consumer Code: the Consumer Code, governed by Legislative Decree September 6, 2005 no. 206 and subsequent amendments and integrations;
E-commerce Decree: the Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services in the internal market with particular reference to electronic commerce, governed by Legislative Decree April 9, 2003 no. 70 and subsequent amendments and integrations;
Privacy Code: the Code regarding the protection of Personal Data, governed by Legislative Decree June 30, 2003, no. 196 and subsequent amendments and integrations;
Privacy Policy: the privacy policy, drafted in compliance with Articles 13 and 14 of EU Regulation 2016/679 (GDPR) and 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 arising from this relationship and in any case from the Consumer Code, in particular from its Part III, Title III, Chapter I “Consumer rights in contracts”, Sections I to IV (articles 45 to 67), as well as from the e-commerce Decree, from EU Regulation 2016/679 and from the Privacy Code, whose Information is available on our site.
The User accepts these General Conditions, for the applicable parts, at the moment they continue browsing the Site.
The User must approve these General Conditions at the moment they carry out the ordering procedure, as described below.
3. Subject
This Site offers the sale of consumer goods and the provision of related services under Electronic Commerce.
The Seller is the sole owner of the Site and therefore through it the User enters into a sales and/or service provision relationship exclusively with the Seller, 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.
Delivery and shipping services are expressly excluded in cases where the User uses couriers/shippers chosen independently, as well as all other services that will be indicated 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 ensure the identity of the account and try to avoid abusive registrations.
During registration, the User expressly accepts these General Conditions.
The User guarantees in any case the completeness, correctness, and truthfulness of the data provided.
In particular, the User guarantees to: a) be of legal age and capable (if underage, registration, data entry, and the purchase procedure must be carried out by a parent or otherwise by an adult); b) meet the requirements at the time of registration or order; c) be the legitimate holder of the entered data, which must be understood as true, correct, and updated; d) comply with all applicable legal and contractual norms in the relationship with the Seller; e) commit to respecting the provisions dictated by national legislation, with particular reference to imperative norms related to public order and good morals; f) not 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 where abuse, irregularity, unfairness, and similar issues may be detected.
The User is solely responsible for access to the Site using their Credentials and is accountable for all operations carried out on it through those Credentials.
In any case, the User agrees not to use the registration and related Services for the purposes of profiling other Users, direct or indirect marketing, competition, industrial espionage, as well as for any other purpose that is in contrast with the Site and the 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 available on the Site. The provided email address allows the Seller to notify the User of all messages related to the Services, products, and the Site in general.
5. Use of social profiles
Alternatively to the procedures outlined above, a registration procedure to the Site may be available through an already active User profile on a social network.
In this case, by using this procedure, the User consents to create a link between the Site and that of their profile, resulting in the migration of a series of data between these two resources, according to the Privacy settings established by the User themselves.
In any case, the rules on the registration procedure outlined above will apply to this type of registration, as far as compatible.
6. Products
The Site deals with retail sales, in e-commerce mode, mainly of Products consisting of clothing items, bags, shoes, and other accessories.
The Products and offers contained on the Site will be available and valid as long as they remain online, subject to what will be stated later.
The information and characteristics related 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 consulting the 'sizes and measurements' table available on the page of each item. Considering that online sales constitute a distance sale, the indication and verification of the size is an operation entirely entrusted to the user.
7. Price
Prices are indicated in each product sheet at the time of the order and should be considered, unless otherwise indicated, per unit of product.
Any other additional expenses, such as shipping costs and any other ancillary expenses, will be duly indicated at the time of order and calculated separately, in addition to the price of the product itself, highlighting the total cost of the sale at the end.
For delivery within the European Union, prices are indicated including VAT, calculated according to the applicable Italian rate on the day of the order. No other customs duties or VAT will be payable for delivery within the European Union, except in cases where it is expressly provided for by law.
In the case of delivery outside the European Union, it is the User's responsibility to pay customs duties or any other taxes related to the importation of the products into the country where the delivery will be made. Any formalities in this regard will be exclusively the User's responsibility, unless otherwise indicated. In any case, the User is solely responsible for verifying the import possibilities of the ordered products regarding the law of the territory of the delivery country.
The Seller reserves the right to evaluate any quantitative purchase limits of the products and therefore to suspend the order if the number of ordered products is found to be 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 their respective information sheets.
The publication of the Products on the Site constitutes an invitation to the User to make a contractual purchase proposal and implies 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 out the electronic Order Form and send it to the Seller electronically, following the relevant instructions.
The Order Form contains a reference to these General Conditions, which also include the Information on the right of withdrawal, as well as a summary of the information on the essential characteristics of each ordered product and its price (including all applicable taxes and duties), payment methods, and delivery methods for the purchased products, shipping costs, conditions for exercising the right of withdrawal where applicable, and the methods and times for returning the products.
The purchase order is considered completed at the moment of the User's validation 'click'.
The acceptance of the Order by the Seller occurs by sending a confirmation email to the email address provided by the User.
It is noted that during the shipping phase, the Seller performs an additional check of both the quality and the actual availability of what was ordered and therefore reserves the right to cancel the order or part of it in case defects of conformity of the ordered Products are found, or in case those 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 cases provided for in these General Conditions, such as when the quantity of ordered goods is unusual and suspected of any improper behavior by the buyer.
The conclusion of the sales contract will occur only at the moment when the purchase proposal receives the Seller's order confirmation.
9. Payment methods
The User must pay the price of the requested products, taxes, and additional charges according to the methods provided on the Site.
The payment methods generally available on the Site are as follows:
a) Paypal: to be made using the tools provided on the Site.
b) Credit and Prepaid Cards: it is possible to make purchases using credit and prepaid cards, in accordance with what is indicated on the Site and compatible with the accepted payment circuits.
c) Bank transfer to the indicated IBAN.
10. Non-payment
Under no circumstances is early delivery of the Products allowed prior to payment of the total amount due.
11. Order fulfillment and product delivery
The fulfillment of the Order will be carried out within the terms indicated on the Site and specified in the order by the Seller.
At the time of Order confirmation, the Seller will send an email containing the shipment tracking within 48 hours from the moment of order subscription.
The delivery area for the Products corresponds to the geographical coverage area of the offer, also taking into account the import rules of individual countries: any, but not exhaustive, unavailability of delivery will be visible on the Site (in any case, the Seller is not responsible for any import impossibilities).
Unless otherwise stated, the Products will be delivered to the address indicated by the User at the time of order: any failure to deliver the product due to incorrect or omitted delivery information will not be the responsibility of the Seller.
Delivery is understood to be at street level and will be made from Monday to Friday, during normal office hours, excluding national holidays, unless otherwise indicated.
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 failure to collect within the aforementioned term, 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 borne by the User.
In case of delays, damages, total or partial losses, or other problems, the User must contact the Seller in order to resolve the issue as quickly as possible.
If any anomalies are found on the delivered products that occurred during transport (damage, breakage, loss, etc.), the User must notify the Seller within 24 hours of receiving the goods, providing the Seller with photographic documentation suitable to prove such anomalies. Failure to comply with the provisions of this paragraph precludes the replacement of damaged products by the Seller.
12. Warranties
Sale from Professional to Consumer (B2C)
Legal warranty of conformity
In the event that the buyer is a Consumer, they have the right to the legal warranty of conformity on the sold good.
In particular, the Seller has the obligation to deliver to the Consumer the Product in accordance with the sales contract. To this end, it is presumed, among other things, that the Product is in accordance with the contract if, where applicable, the following circumstances coexist:
a) it is suitable for the use for which goods of the same type are usually intended;
b) it conforms to the description made by the Seller;
c) it presents the usual qualities and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, if applicable, the public statements about the specific characteristics of the Product made in this regard by the Seller;
The Seller is not bound by the public statements referred to in letter c) above, when, alternatively, it demonstrates that:
1) was not aware of the statement and could not have known it with ordinary diligence;
2) the statement was adequately corrected by the time of the conclusion of the contract so as to be known to the Consumer;
3) the decision to purchase the Product was not influenced by the statement.
There is no conformity defect 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 non-conformities were known to the Consumer and were not reported in a timely manner;
2) the defects or non-conformities arise from instructions provided by the Consumer themselves;
3) the defects or non-conformities are minor and restoration is impossible or excessively burdensome;
4) the defects or non-conformities arise from tampering or technical intervention by unauthorized personnel;
5) in case of incorporation / use of the Seller's Product in another product not attributable to the Seller itself, if the non-conformity is due to the latter's design or incorporation / use instructions;
In case of delayed delivery of the Products due to the Seller's fault, liability is nonetheless limited to a maximum amount equal to the sale price.
Under no circumstances will expenses incurred by the Consumer independently without the Seller's prior express consent be recognized as compensation for damages.
The possible presence of a conventional Warranty 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 conformity defect, the Consumer has the right to restore, at no cost, the conformity of the good through repair or replacement, or to a suitable reduction in price or to the termination of the contract.
At their choice, the Consumer may also request to repair the good or to replace it, at no cost 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 good would have if there were no conformity defect;
b) the extent of the conformity defect;
c) the possibility that the alternative remedy can be implemented without significant inconvenience to the Consumer.
Repairs or replacements will be carried out within a reasonable time from the request.
The Consumer may also request, at their choice, a reasonable reduction in price or the termination of the contract in any of the following situations:
a) repair and replacement are impossible or excessively burdensome;
b) the Seller has not provided for the repair or replacement of the good within the above-mentioned reasonable term;
c) the replacement or repair previously carried out has caused significant inconvenience to the Consumer.
In determining the amount of the reduction or the sum to be refunded, account shall in any case be taken of the use of the good.
After reporting the conformity defect, the Seller may offer any other available remedy, with the following effects:
a) if the Consumer has already requested a specific remedy, the Seller is obliged to implement it, with the necessary consequences regarding the duration of the above-mentioned reasonable term, unless accepted by the Consumer of the proposed alternative remedy;
b) if the Consumer has not already requested a specific remedy, they must accept the proposal or reject it by choosing another remedy as indicated above.
A minor conformity defect for which it was not possible or is excessively burdensome to pursue the remedies of repair or replacement does not give the right to terminate the contract.
Terms
In cases where the Product has a conformity defect, the Consumer must report it to the Seller within one month of purchasing the product at the address info@4uattro.com
The Consumer loses warranty rights if they do not report the defect in conformity to the seller within the above-mentioned term.
N.B. Claims regarding alleged defects in conformity will not be considered valid if it is evident that the consumer has not complied with the washing or maintenance instructions specified on the appropriate labels attached to the products.
Product warranty
The Products are all compliant with the information regulations regarding the components and other applicable regulations.
The damages that the Product may cause to things or people are compensable within the limits of the Consumer Code where applicable, subject to the deductible referred to in Article 123 of Euro 387.
13. Right of withdrawal
In the case of B2C sales, pursuant to Articles 52 et seq. 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 order or clearly personalized;
• sale of sealed goods that are not suitable for return for health or hygiene reasons and have been opened after delivery.
Where 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, takes 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 deadline, a communication to the Seller with an explicit reason for their decision to withdraw. This declaration must be sent via email to the address info@4uattro.com. The acceptance of the Consumer's request by the Seller will occur via email and will contain the necessary instructions to organize the return of the product, including the return document and the shipping label required for the shipment. Returns without explicit confirmation from the Seller will not be accepted.
The product must be returned in its original packaging and in a state of perfect cleanliness.
The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Damaged returns or those showing signs of wear will not be accepted, only those kept in normal condition and/or stored with normal diligence.
A copy of the return document must be included inside the packaging box.
The direct costs for the return of the Product, including any insurance costs, are the responsibility of the Seller.
Once the integrity of the returned Product and compliance with the other conditions mentioned above have been verified, the Seller will refund the Consumer the full amount of the Product, excluding shipping costs, within 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 it has received the returned Products.
For further instructions, please refer to the 'shipping and returns' section.
Where applicable, the right of withdrawal terminates all obligations between the parties, except for the obligations to return the Products and to refund and all other obligations described above, as well as automatically resolving any ancillary contracts.
14. Force majeure
In case of force majeure, the execution of the Order will be suspended.
Such suspension may last for a maximum period of 3 (three) months, after which the Seller will consider the Order automatically canceled.
Force majeure cases are considered, in addition to those normally considered, total or partial strikes, internal or external to the Seller's company, the blockage of transport or supply means for any reason, government or legal restrictions, computer or electrical failures, telecommunications blockages including networks and particularly the internet, issues affecting the operation of machinery used for production, unavailability of raw materials or delays in their delivery, and similar.
However, communication expressing interest in maintaining the Order may still be sent to the Seller, in which case a new deadline will be set, after which, if the force majeure cause persists, confirmation of the intention to keep the purchase Order will be requested again.
15. Industrial and intellectual property rights
The Site, the trademark “4uattro,” and any goods subject to intellectual and industrial property related 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 online dissemination catalog, for which it has obtained the necessary authorizations from the interested parties, unless otherwise indicated.
Partial or total reproduction, on any type of medium, 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.
It is therefore prohibited to copy, disclose, and modify content protected by copyright, registered trademarks, or other intellectual and industrial property rights.
The trademarks and logos of the platforms that provide payment tools, social networks, couriers, and similar services, as well as any other logo not directly or indirectly attributable to the Seller, are the property of their respective owners and are indicated on this Site solely for informational purposes to allow the execution of the related Services.
16. Security of the Site and Users
The goal is to make the use of the Site safe for all Users; however, the Seller cannot guarantee it.
To this end, the Seller himself requests that all Users help him ensure the security of the Site and for this reason it is prohibited to publish spam, develop or use third-party applications with illegal content or otherwise contrary to public morals or good customs; use the Site and Services for illegal, misleading, malicious, or discriminatory purposes; undertake actions that may prevent, overload, or compromise the proper functioning or appearance of the Site or Services; enter false and/or invented and/or fictitious data and/or data of third parties 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 related further communications; commit any other action that is harmful to the Seller, his partners, and his users.
17. Express termination clause
The sales contract is automatically resolved, pursuant to Article 1456 of the Civil Code, in all cases of violation of the rules of these General Conditions and in particular of the following:
10) Non-payment;
15) Industrial and intellectual property rights
16) Security of the Site and users.
18. Nullity or ineffectiveness of the clauses
If any clause of these General Conditions is found to be null or ineffective, the nullity or ineffectiveness will not extend to the remaining clauses, which will 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 of sending the Purchase Order by the User. Updates will be indicated in the header of the text with the date of the last update.
The User is therefore invited to expressly review the text of these General Conditions always before sending the Purchase Order, in order to verify the updated text at the time of the Order itself.
20. Reference to sector regulations
As far as not expressly derogated by these General Conditions, in addition to Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and subsequent amendments for their respective field of application, express reference is made to other applicable regulations with express, but not exhaustive, reference to Legislative Decree No. 70 of April 9, 2003 (Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services, in particular electronic commerce, in the internal market) and subsequent amendments, as well as to Legislative Decree No. 196 of June 30, 2003 (Privacy Code), the Civil Code, and other applicable sector regulations.
21. Processing 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 also to Article 122 of the Privacy Code, available on the appropriate page of the Site, along with the relevant consent to processing where required.
22. Applicable Law
The General Conditions and the Services described therein are governed exclusively by Italian law, by the community regulations of the European Union, and by the International Conventions that are effective and recognized in the Italian Republic.
23. Complaints and dispute resolution tools
The User can send any complaints to the following contacts:
Quattro Srl
Via Visconti di Modrone 4
20122 Milan
* by PEC to quattro.srl@legalmail.it
* by ordinary mail 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 extrajudicial dispute resolution procedures, as per Part V, Title II-bis, of the Consumer Code, before the mediation bodies in consumer matters pursuant to Legislative Decree No. 28 of February 4, 2010 and other ADR bodies (i.e., Alternative Dispute Resolution, thus alternative dispute resolution to judicial or contentious ones) indicated therein.
The Seller particularly reminds 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 directly links 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
Unless otherwise stated, for any dispute regarding the interpretation, execution, and resolution of these General Conditions and the resulting sales relationship, if the User is a Consumer, they may alternatively choose to refer to the Judicial Authority of their domicile (if different from Italy) or to the Italian Judicial Authority, in case of application of the Brussels Convention of 1968 or the Community Regulation 1215/2012.
In the case of Italian jurisdiction, if the User is a Consumer, the mandatory territorial jurisdiction is that of the judge of the place of their residence or domicile, pursuant to art. 66-bis of Legislative Decree 206/2005.
If the User is a Professional under applicable law, the Italian Judicial Authority has exclusive jurisdiction and only the Court of Milan is competent.
Any exclusive and mandatory jurisdictions and competencies provided for by sector regulations remain unaffected.
25. Communications
Any communication between the Parties will be considered valid and effective if made to the contacts indicated in these General Conditions or in the Particular Conditions or to those subsequently changed and communicated to the other party at the last known and valid address.