Terms & conditions
This website is managed by ELL srl ("ELL"), a company incorporated under Italian law, registered at the Chamber of Commerce, Industry and Crafts of Milan 2029933, PI / CF 08494100962 with registered office in Viale Isonzo 22, 20135, Milan, share capital 10.0000,00 EUR.
The terms and phrases listed below have the meaning indicated, it being understood that the terms defined in the singular are also understood to be defined in the plural and vice versa.
Customer: means any person who purchases one or more Products / Services offered through the Online Shop by accepting these General Conditions.
Parties: means jointly ELL srl ("ELL") and the Customers.
General Conditions of Sale: means these General Conditions and any future new versions that may be published in the On-Line Shop by ELL.
Online shop: means the virtual shop, managed by ELL and accessible via the URL www.ellmilano.com through which you can purchase the Products / Services.
Contracts: means the contracts concluded between ELL and the Customers through the On-Line Shop.
Orders: means the purchase orders for the Products and / or the supply of the Service sent by the Customers, in accordance with these General Conditions of Sale.
Price: means the price of the Products and / or the supply of the Service as indicated in the Online Shop in correspondence with the Products / Services themselves.
Consumer: according to the relevant definition in art. 3 Legislative Decree no. 206/2005 (Consumer Code) is the natural person who acts for purposes
unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Service: means the service offered in the On-Line Shop.
Product: means the good offered in the On-Line Shop.
Shipping costs: means the amount due for the delivery of the product.
to. The General Conditions of Sale govern all the Contracts concluded between the parties and form an integral part thereof.
b. The General Conditions of Sale of the contract are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Online Shop
to. The Price is expressed in € (Euro). The applicable Price is the one published in the Online Shop at the time the Orders are placed by the Customers.
b. The displayed price includes the value added tax (VAT) provided for the type of property
3. THE CART
to. The shopping cart allows you to immediately check the products inserted, with their unit cost VAT. included. You can decide the quantities to buy for each type of product chosen or delete from the cart one or more products that you have decided you no longer want to buy. A series of buttons allow you to: * update the cart after making cancellations or quantity changes; * individually delete the products / services contained; * return to the home page.
b. Once the cart has been filled with the desired products, it is possible to carry out the actual purchase and the choice of the form of payment
4. CONCLUSION OF CONTRACTS
The contract will be finalized through the following phases:
A. By sending the Order, the Customer will send ELL a purchase proposal for the selected product or products.
B. The Contracts are concluded between the Parties when the Customers receive the Order Confirmation with the assignment of the order number. The Order Confirmation contains a summary of the General Conditions of Sale, the information on the right of withdrawal, information relating to the essential characteristics of the product and a detailed indication of the price, means of payment and delivery costs with indicative indication delivery times.
C. By sending the Orders, the Customers declare that they have read all the instructions relating to how to purchase the product and that they have fully accepted the General Conditions as well as having read all the additional information contained in the On-Line Shop, also referred to via link.
D. ELL reserves the right not to process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products.
E. It is understood that the image accompanying the description of a product may not be fully representative of its characteristics but differ in color tones, dimensions, accessory products shown in the figure. The presentation of each product contained in the site is merely an example and does not constitute a certification or guarantee on the part of the actual characteristics and performance of the goods sold.
F. The parties, at all stages of the formation and conclusion of the contract, must behave according to the general principles of correctness and good faith enshrined in Articles. 1175, 1337 and 1375 of the Civil Code.
5. ELL allows customers different payment methods listed below:
A. PAYPAL. For online payments, ELL also uses the PAYPAL system. Once this payment method has been chosen, the Customer will be directed to the secure Paypal server whose general terms and conditions he must abide by. In no case ELL can therefore be held responsible for any damage resulting to the Customer from the use of the services offered by Paypal.
B. Credit card. The circuits accepted for payments on the site are Visa Circuit and MasterCard Circuit.
6. DELIVERY OF PRODUCTS
to. The Products are delivered to the address indicated by the Customers.
b. Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that the packaging / packaging of the Products is intact, not damaged or otherwise altered.
c. Any damage to the packaging / packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery.
d. In the event that the carrier has been chosen by the Customer other than those proposed at the time of purchase, the risk of damage and perishing of the Products is transferred to the Customer already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics. external than what was delivered. In the latter case, any dispute must be raised directly by the Customer against the carrier.
7. LEGAL GUARANTEE OF CONFORMITY
All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products that do not conform to their intended use or effect of normal wear and tear are excluded from lack of conformity and, therefore, from the legal guarantee. To benefit from this guarantee, the Customer must report the lack of conformity within two months of discovery, under penalty of forfeiture with a communication addressed to the ELL headquarters, accurately indicating the defects and faults found.
The Customer can ask the seller, at his choice, 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. The Customer can request, at his choice, an appropriate reduction in the price or the termination of the contract where: the repair and replacement are impossible or excessively expensive; the seller has not repaired or replaced the goods within the appropriate period as provided for in paragraph 5 of Article 130 of the Consumer Code; the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
8. SHIPPING COSTS
Shipping costs will be calculated automatically and will be indicated, separately from the Product Price, before the Order is sent by the Customers.
9. RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS
A. Customers "Consumers" according to the relevant definition in art. 3 Legislative Decree no. 206/2005 - that is, a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out - have the right, pursuant to and for the purposes of art. 52 of Legislative Decree no. 206/2005 as amended by Legislative Decree 21/2014 to withdraw from the Contract without having to provide any reasons within 14 days of receipt of the Products.
B. Therefore, Customers who cannot be defined as consumers within the meaning of the aforementioned definition and in particular natural or legal persons acting for purposes related to their entrepreneurial, commercial, craft or professional activity are excluded from this right.
C. The right of withdrawal can be exercised by the Consumer Customer with any explicit declaration of the decision to withdraw from the contract, for example, he can send a communication by email to email@example.com or fax to +39 02 89015682
D. The Customer must return the products to ELL within 14 days from the date on which he sent the notice of withdrawal. The cost of returning the Products following the exercise of the right of withdrawal will be borne by the Consumer Customer pursuant to and within the limits of art. 57 Legislative Decree no. 206/2005 and subsequent amendments.
E. If the right of withdrawal is exercised following the methods and terms indicated in this article, ELL undertakes to reimburse the payments received from the consumer customer as quickly as possible and in any case within 14 days from the date of receipt of the notice of withdrawal. Unless the Customer expressly indicates a different method of reimbursement, ELL will use the same payment method used by the Customer, at no cost to the latter.
F. ELL may withhold the refund until it has received the Product or until the Customer has provided proof of having returned it, whichever occurs first. Payments made in favor of ELL will be reimbursed to the consumer customer, excluding any original shipping costs. As regards the latter, pursuant to art. 56 paragraph 2 of Legislative Decree no. 206/2005 and subsequent amendments ELL is not required to reimburse the additional costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the professional.
G. If the Customers exercise the right of withdrawal in a way that does not comply with the methods and terms referred to in this article, the Customers will not be entitled to a refund of the payments made to ELL.
H. The Consumer Customer will only be responsible for the decrease in the value of the Product resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product itself.
I. The exercise of the right of withdrawal is excluded in the cases referred to in art. 59 of Legislative Decree 206/2005 and subsequent amendments. By way of non-exhaustive example, the following hypotheses are indicated in which the right of withdrawal referred to in the aforementioned article is excluded: the supply of goods made to measure or clearly personalized; the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and which may occur during the withdrawal period. The right of withdrawal is also excluded on items that show signs of use, wear, damage or tampering.
12. Site Contents
ELL is the owner of the trademark, models and all content on the Site. Any unauthorized reproduction or use is strictly forbidden.
13. Limitations to the functionality of the Site
ELL may, at its discretion, limit access to the Site or to certain functions of the same. By way of example only and not exhaustive, for the maintenance and / or updating of the Site.
14. Interruption of the operation of the Site due to major causes independent of ELL
ELL cannot in any case be held responsible for damage and / or inconvenience due to causes unrelated to its structure.
15. Correctness of the information on the Site
ELL cannot guarantee that all information on the site is always correct, complete and up-to-date.
ELL cannot be held responsible for any damage resulting from the reliance placed on such information by the User or by third parties to whom such information has been forwarded.
If you believe that there is incorrect information on the Site, please inform us, even in case of doubts, in order to avoid any error and / or damage, by contacting us at the following email address: firstname.lastname@example.org
16. Responsibility of the User
The User agrees to indemnify and hold harmless ELL from any damage and / or liability and / or costs and / or charges, none excluded even if not expressly mentioned, deriving and / or connected from incorrect and / or unauthorized use of the Site and / or the information contained therein.
Except for the only hypotheses provided for by law, ELL assumes no responsibility and does not offer any guarantee in relation to the Site and its contents.
Except as provided by current legislation, ELL is not responsible for any damage relating to and / or in any case connected to the Site.
18. APPLICABLE LAW AND JURISDICTION
to. The General Conditions and the Contracts are governed by Italian law and must be interpreted in the light of this. Any matter relating to the Contracts will be subject to Italian jurisdiction. In particular, pursuant to art. 66-quater of Legislative Decree. 206/2005 (Consumer Code), the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005.
b. In the case of a "Consumer" Customer, for all disputes arising from this contract including those relating to its validity, interpretation, execution and resolution, the territorial jurisdiction is mandatorily attributed to the Judge of the place of residence or domicile of the Consumer.
19. ONLINE DISPUTE RESOLUTION FOR CONSUMERS
ELL informs the Consumer Customer resident in the European Union that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. This platform can be used for the resolution of any dispute arising from the stipulated online contract. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
Any communication addressed to ELL must be made via email or in writing by registered letter with acknowledgment of receipt, according to the provisions of these GCS, to the following addresses:
• by email: email@example.com
• in writing: ELL s.r.l., with registered office in Viale Isonzo 22, 20135, Milan (Mi).