Terms and conditions of sale

1. Definitions

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 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 entrepreneurial, commercial, artisanal or professional activity;

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

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

Registration form: the form present on the Site through which the User registers for the same; where registration is not required (purchases without registration) the regulations envisaged for the Registration Form also apply, as compatible, 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 Electronic Commerce;

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

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

Electronic Commerce: a particular method 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 distance contract thanks to the information society services (in particular the internet) without their simultaneous physical presence. Given the distance, the delivery of the products is not contextual and usually takes place via shipment via third-party operators (couriers/shippers); alternatively, there is the possibility that the collection of the Products purchased via electronic commerce takes place at the Seller's headquarters.

Consumer Code: the Consumer Code, regulated 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, regulated by Legislative Decree no. 9 April 2003. 70 and subsequent amendments and additions;

Privacy Code: the Code regarding the protection of Personal Data, regulated by Legislative Decree 30 June 2003, n. 196 and subsequent amendments and additions;

Privacy Policy: the privacy policy, drawn up 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 via 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 "Consumer rights in contracts”, Sections from 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, the information of which can be found on our website.

The User accepts these General Conditions, for the applicable parts, when he continues browsing the Site.

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

3. Subject

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 sales and/or service provision relationship 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.

An express exception is made to delivery and shipping services in the event that the User uses couriers/shippers directly chosen independently 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 register, 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.

The User guarantees in any case the completeness, correctness and truthfulness of the data provided.

In particular, the User guarantees that he: a) is an adult and capable (if a minor, registration, data entry and the purchase procedure must be carried out by a parent or in any case by an adult); b) meet the requirements 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) observe all legal and contractual regulations applicable to the relationship with the Seller; e) undertake to respect the provisions dictated by national legislation with particular reference to the mandatory rules relating to public order and morality; f) do not transfer your 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 his/her 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 the connected Services for purposes of profiling other Users, direct or indirect marketing, competition, industrial espionage, as well as for any other purpose that is in conflict 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 procedures set out above, a registration procedure on the Site may be available via a User profile already active on a social network.

In this case, by using this procedure, the User agrees to create a connection between the Site and that of his profile, with 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 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 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 as long as they remain online, without prejudice to what will be said below.
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 reading the "sizes and measurements" table which can be consulted on the page of each article. considering that online sales constitute distance sales, the indication and verification of the size is an operation entirely left to the user.


7. Price

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

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

For delivery to the European Union, 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 provided for 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 into the country where the delivery will be made. Any formality 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 products ordered 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 if 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 entails complete 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 send it to the Seller electronically, following the relevant 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), of the means of payment and delivery methods of the purchased products, 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 placed at the time of the validation "click" by the User.

Acceptance of the Order by the Seller occurs by sending a confirmation email to the email address communicated by the User.

Please note that during the shipping phase the Seller carries out a further 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 if defects in conformity of the Products ordered are 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 case in which the quantity of goods ordered is unusual and there is suspicion 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 Seller's order confirmation.

9. Payment methods

The User must pay the price of the requested products, taxes and additional expenses according to the methods provided on the Site.

The payment methods generally available on the Site are as follows:
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 compatible with the accepted payment circuits.
c) Bank transfer to the indicated IBAN.


10. Non-payment

Under no circumstances will the Products be delivered earlier than the payment of the total sum due.

11. Order processing 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 tracking of the shipment within 48 hours 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).

Without prejudice to 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 intended for street level and will be carried out from Monday to Friday, during normal office hours, excluding national holidays, unless otherwise indicated.

In case of absence of the User or of 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 deadline, 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 quickly as possible.

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

12. Guarantees

Sales from Professional to Consumer (B2C)

Legal warranty 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 to the Consumer the Product compliant with the sales contract. To this end, it is presumed, 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 usually 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, if applicable, 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) above, when, alternatively, it demonstrates that:
1) he was not aware of the declaration and could not have known about it with ordinary diligence;
2) the declaration has been adequately corrected by the time of 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 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 knowable by the Consumer and he did not formally report them;
2) the defects or discrepancies derive from instructions provided by the Consumer himself;
3) the defects or discrepancies are minor and restoration is impossible or excessively onerous;
4) the defects or discrepancies derive 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 discrepancy is due to the design of the latter or to the incorporation/use instructions;
In the event of delayed delivery of the Products due to the Seller's fault, liability is in any case limited to a maximum amount equal to the sales price.

In no case will the expenses incurred by the Consumer independently without express prior consent of the Seller 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 product sheet.

Consumer Rights

In the presence of a lack of conformity, the Consumer has the right to have the conformity of the goods restored, without charge, through repair or replacement, or to an adequate reduction in the price or termination of the contract.
At his choice, the Consumer can also ask to repair the goods or replace them, without costs 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 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 lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be used without significant inconvenience for the Consumer.

Repairs or replacements will be carried out within a reasonable period of time from the request.
The Consumer may also request, at his/her choice, an appropriate price reduction or termination of the contract where one of the following situations occurs:
a) repair and replacement are impossible or excessively burdensome;
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 significant inconvenience to the Consumer.

In determining the amount of the reduction or the sum to be returned, the use of the asset is in any case taken into account.

After reporting the lack of conformity, the Seller may 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 starting date of the appropriate deadline referred to above, unless the Consumer accepts the proposed alternative remedy;
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 of repair or replacement does not give the right to terminate the contract.

Terms

In cases where the Product presents a lack of conformity, the Consumer must report it to 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. Protests relating to alleged defects of conformity will not be considered valid if it is evident that the consumer has failed to comply with the washing or maintenance instructions specified in the specific labels applied to the products.

Product warranty

The Products all comply with the information regulations on the parts that compose them and with other applicable regulations.
Damage that the Product causes to things or people is compensable within the limits set out in the Consumer Code where applicable, without prejudice to the exemption referred to in the art. 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 tailor-made or clearly personalized goods;
• sale of sealed goods that are not suitable for return for hygienic or health protection reasons 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 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 of receipt of the Product).

To exercise the right of withdrawal, the Consumer must send, before the deadline expires, a communication to the Seller with explicit reasons for his decision to withdraw. This declaration must be sent via 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 consignment note necessary for shipping. No returns will 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 must be inserted 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 has been verified and compliance with the other conditions indicated above, the Seller will refund the Consumer the entire 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 of returning the Products and reimbursement and all others described above, as well as automatically terminating any ancillary contracts.

14. Force majeure

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 cancelled.

Cases of force majeure, in addition to those normally considered, are considered to be total or partial strikes, internal or external to the Seller's company, blocking of means of transport or supply for any reason, governmental or legal restrictions, IT failures or electricity, blocking of telecommunications including networks and in particular the internet, problems that affect the functioning of production machinery, unavailability of raw materials or delays in their delivery and the like.

However, a communication may be sent to the Seller demonstrating an interest in maintaining the Order, in which case a new deadline will be set after which, if the cause of force majeure persists, it will be asked again to confirm the desire to maintain the Order. 'Purchase order.

15. Industrial and intellectual property rights

The Site, the "4uattro" brand and any 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 catalogue. for online dissemination, for which it has obtained the necessary authorizations from the interested parties, unless otherwise indicated.

Partial or total reproduction, on any type of support, the use of the elements that make up the Site and the catalogue, their use as well as their transfer to third parties are formally prohibited.

It is therefore forbidden to copy, disclose and modify contents protected by copyright, registered trademarks or other intellectual and industrial property rights.

The brands and logos of the platforms that grant payment instruments, 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 objective is to make the use of the Site safe for all Users, however the Seller cannot guarantee this.

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 contrary to public morality or good customs; use the Site and Services for illegal, deceptive, malicious or discriminatory purposes; take any action that could impede, overburden, or impair the proper functioning or appearance of the Site or Services; insert false and/or invented and/or imaginary data and/or 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 the related further communications; commit any other action that is harmful to the Seller, its partners and its users.

17. Express termination clause

The sales contract is terminated 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) 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 proves 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 Purchase Order is sent by the User . Updates will be indicated in the text header with the date of 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 verify the updated text at the time of the Order itself.

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 Legislative Decree 30 June 2003 , n. 196 (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 of the Privacy Code, as well as the information on the use of cookies pursuant also to art. 122 of the Privacy Code, reported on the specific page of the Site, with the relative consent to processing where required.

22. Applicable Law

The General Conditions and the Services described in them are governed exclusively by Italian law, by the community regulations of the European Union and by the International Conventions that have effect and are recognized in the Italian Republic.

23. Complaints and tools for resolving 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 regular 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 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 the judicial or contentious one) indicated therein.

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

or this address, which refers directly to the Italian language platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT

24. Jurisdiction and Competent Court

Without prejudice to the above, for any dispute inherent to the interpretation, execution and termination of these General Conditions and the resulting sales relationship, if the User is a Consumer he may 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 Brussels Convention of 1968 or of 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 Legislative Decree 206/2005.

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

This remains without prejudice to any exclusive and mandatory jurisdictions and competences provided for by sector legislation.

25. Communications

Any communication between the Parties will be considered valid and effective if made to 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.