Terms & Conditions
FIELD OF APPLICATION
1. The general terms and conditions contained herein are applied to all orders and purchases of fashion and accessories on the website www.primoemporio.it managed by Primo Emporio with office Centro Polifunzionale Inail Torre 5 80143 Napoli.
2. The customer must carefully read the T&Cs before making all purchase orders.
3. With acceptance of the T&Cs and placing of an order, the customer acknowledges that it:
a. has read, understood and fully accepted the T&Cs without reserve;
b. is a consumer wanting to purchase the Products exclusively for personal use and not for resale within the context of any commercial or business activity of any kind whatsoever;
c. authorises Primo EMporio to store, process, use and transfer to third parties and/or abroad, the data (personal) contained in the order for the purpose of fulfilling the same.
4. E-volve shall take all steps to ensure that the information contained on the website is accurate and up-to-date. However, it is not possible to offer guarantees to this effect. The customer therefore acknowledges and accepts that the Products may not be fully compliant with the indications, specifications and/or photographs on the website.
5. The sales agreement entered into by Primo Emporio and the customer is understood as finalised once E-volve sends written confirmation of the delivery to the Customer at the email address indicated by the latter on the purchase order.
6. Primo Emporio considererà eventuali richieste di cancellazione dell'ordine pervenute ad Primo Emporio prima della spedizione dei Prodotti al cliente.
7. If a specific Product listed on the Customer's order is no longer in stock, Primo Emporio shall in no way be bound to supply the Product in question, but will only be obliged to inform the customer in advance of said circumstance. If only part of the Products indicated in the order are available, Primo Emporio will contact the Customer to ask if it intends cancelling the order or is willing to receive the available items; in the latter case the Customer will only be charged for the Products it receives.
8. Primo Empporio reserves the right, at its own discretion, to reduce the amount of Products that can be purchased on the website.
9.The prices of the Products, expressed in the currency shown in the cart, will always be the ones indicated in the invoice. Primo Emporio will in any case do everything in its power to ensure that the prices indicated on the website are correct and updated.
10. The shipping and delivery expenses may vary depending on the country and will be charged to the Customer at the time of shipping the Products ordered, based on the shipping rates in force and indicated in the relative section on the website.
11. Payment must be made by the Customer at the time of confirming the delivery, either by credit card or by one of the other methods indicated in the relative section on the website.
12. The Products will be shipped to the delivery address indicated on the order by the Customer.
13. As a general rule, the Products will be shipped within 30 (thirty) days after confirmation of the order by Primo Emporio, nevertheless the delivery times may vary depending on the country of destination. In the case of the delivery being delayed for reasons out of Primo Emporio's control, if possible, the Customer will be notified of the new delivery date.
14. Primo Emporio reserves the right at its own discretion to refuse, suspend or cancel the delivery or any of its obligations deriving from the sales agreement in the case of alleged fraud, non-performance or violation by the Customer of its obligations assumed with Primo Emporio in previous orders and/or sales agreements.If the purchased products will require the crossing of customs (depending on the country of destination) and the customer decides not to receive the order once it has arrived at customs, Primo Emporio doesn't guarantee the reimbursement of the goods which will be abandoned in place.
RIGHT TO WITHDRAW
15. The customer has the right to return the Products purchased on http://www.primoemporio.it/, without any penalty being charged, within 14 (fourteen) calendar days after receipt by the Customer of the Products in question, or within the term established by the mandatory regulations applicable in the country where the Customer resides, if this is longer.
16. Upon receipt of the Products by Primo Emporio, the sales agreement shall be cancelled for all purposes and all the relative obligations, rights and claims shall lapse, notwithstanding the fact that if the Products returned to Primo Emporio are damaged, Primo Emporio shall be entitled to compensation for said damages with the payment already made by the Customer for the Products.
17. Besides everything indicated above (articles 15-16), the right to withdraw is subject to the following conditions:
a. Within 14 (fourteen) calendar days after the date of receipt of the Products by the Customer, the Customer can ask for the authorization to return goods ("RMA") directly one communication by e-mail to email@example.com
b. The customer may request the return or ask for a change in product’s size or color, choosing between the variants available in the e-shop (the change with a different product is not allowed). The customer willing to change size or color, must return the product at its own expense and risk to Primo Emporio, following the procedure described in section "c". The warehouse must receive the returned product within 15 days from the product change request date. Once Primo Emporio receives the returned product and verifies the return conditions have been satisfied, Primo Emporio will send the customer the product selected for the exchange (free shipping costs).
c. After receiving the RMA, the Products must be returned to PrimoEmporio, at the Customer's risk and expense in a single delivery by courier or registered mail 2 (two) days after receipt of the RMA to the following address: Sensazioni Italiane s.r.l. Cis Nola Isola 3 Lotto 357 80135 Nola -Napoli- Italy; should Primo Emporio not receive the returned merchandise, Primo Emporio will request the Customer to provide the proof of delivery: the delivery slip signed by the recipient of the returned package. If the Customer is unable to provide the proof of delivery, Primo Emporio cannot grant the refund of goods.
d. The Products that are returned must not be used, worn, or damaged;
e. The identifying hang-tags of the Products must still be attached to the same;
f. The Products must be returned in their original packaging, together with any accessories or instruction manuals;
g. The detachable label found on the original invoice (or invoices if the returns are part of several purchase orders) must be attached to the outside of the package containing the returns.
18. As soon as Primo Emporio have ascertained that the required conditions for the returns have been met, they will send the Customer an email of confirmation accepting the returns and start the procedure for reimbursing the amount paid for the Products returned within 30 (thirty) days, irrespective of the payment method adopted by the Customer. Reimbursements will only be made to Customers who have made payments previously.
19. In case the above-mentioned conditions are not observed, the Customer will not be entitled to any reimbursement for the amount paid to Primo Emporio. The Customer will however be entitled to request that the Products be redelivered at its own risk and expense. If the Customer does not request the resending of the returned Products by 30 (thirty) days after receiving notice from Primo Emporio, Primo Emporio will be entitled to keep them together with the amount paid by the Customer for said Products.
GUARANTEE AND LIMITED LIABILITY
20. Primo Emporio's guarantee is circumscribed to any apparent defects of the Products - excluding without limitation, any implicit guarantee regarding quality and suitability to this effect for the Customer - for a period of 2 (two)years after delivery of the Products.
21. The guarantee only gives the right to obtain reimbursement of the amount paid for the defective Products, provided the defect is notified to Primo Emporio within 2 (two) months after being detected.
22. Besides everything specified above (articles 20-21), the right to reimbursement is subject to the following conditions, under penalty of forfeiture of the guarantee:
a. Before returning the defective Products to Primo Emporio, the Customer must contact by Primo Emporio team or sending an email to firstname.lastname@example.org - in order to obtain authorisation to proceed with the return;
b. Defective Products will be picked up by Primo Emporio, at his own expense.
23. Upon receipt of the Product and verification of the alleged defect, Primo Emporio will send the Customer an email of confirmation accepting the return and start the procedure for reimbursing the amount paid for the Products returned within 30 (thirty) days, irrespective of the payment method adopted by the Customer. Reimbursements will only be made to the Customer who made the payment.
24. With the exception of the aforementioned guarantee, Primo Emporio excludes every and any liability (contractual or tort) regarding the Customer, within the limits of the mandatory applicable regulations.
25.Primo Emporio's maximum aggregate liability can under no circumstances exceed the amount paid by the Customer for purchasing the Product.
26. In the case of one or more clauses in these T&Cs being invalid, voidable, illegal or unenforceable, this will not entail the total ineffectiveness of the T&Cs. The clause in question will be replaced by a similar valid clause that duly takes into account the intention and content of the same in full observance and for the purposes of the current regulations.
27. These T&Cs are subject to substantive Swiss law (with the exclusion of Swiss legislation regarding international private law and international treaties, in particular the United Nations' Convention governing international sales agreements of goods). Any disputes arising will be settled exclusively by the competent Court of Lugano (Switzerland).