GENERAL CONDITIONS AND TERMS
Section 1. identity of the seller
Section 2. Definitions
Section 3. Field of application of these General Conditions of Sales
Section 4. Realization of the agreement
Section 5. Information/contents - goods
Section 6. Prices
Section 7. Orders
Section 8. Right of revocation
Section 9. Payment
Section 10. Delivery
Section 11. Guarantee imposed by law - conformity of the goods
Section 12. Liability- disclaimer
Section 13. Intellectual property
Section 14. Complaints
Section 15. Applicable law - competent courts
Section 16. Privacy statement
Section 17. Contact data
Section 1. Identity of the seller
1.1 The website/web shop "Grazia", available at http://www.graziapelletterie.net, (hereinafter called the "Website") is operated by GRAZIA PELLETTERIE S.R.L., a company
incorporated under the laws of Italy with registered office in 62100 Macerata (Macerata, Italy). (hereinafter called "Seller", "we" or "us")
1.2 Information and data pertaining to the Seller: GRAZIA PELLETTERIE S.R.L.
Trading under the business name(s): "Grazia"
Business and visiting address: Via Terme Santa Lucia,62029 MC (Macerata, Italy),
Telephone number Italy:
Fax number: 0039 0733 969720
Accessibility:
E-mail: info@graziapelletterie.net
Italian company number (Registro Economico Amministrative - REA): 158387
Intra-community VAT-number: 01512390434
Section 2. Definitions
"Day": calendar day;
"Customer": consumer or any natural person that is acting for purposes which are outside his trade,business, craft or profession;
"Goods": the goods which can be found and are described on the Website (assortment of handbags, bags, wallets);
"Agreement" or "distance agreement": an agreement entered into between the Seller and the
Customer under an organized distance sales scheme (the Website) without the simultaneous
physical presence of both the Seller and the Customer, with the exclusive use of one or more means
of distance communication up to and including the time at which the agreement is concluded.
Section 3. Field of application of these General Conditions of Sales
3.1 Every transaction on the website, including orders and purchases, implies the explicit,
unconditional and irrevocable acceptance, without any prejudice to these General Conditions of
Sales, on the part of the Customer who shall be considered to have been informed of these General
Conditions of Sales. These General Conditions of Sales shall apply to the entire agreement between
the Seller and the Customer they relate to and shall replace any and all previous spoken or written
agreements in this regard. These General Conditions of Sales shall always prevail over possible
general or special conditions imposed by the Customer. The possible invalidity or nullity of a
provision in these General Conditions of Sales does not affect the validity and/or enforceability of
any and all other provisions.
3.2 These General Conditions of Sales can be consulted on the Website under the item "General
Conditions of Sales".
Before the distance agreement is entered into, the text of the General Conditions of Sales shall be
made available to the Customer. If - within reason - this is not possible, the Seller shall prior to the
conclusion of the distance agreement indicate how the General Conditions of Sales can be consulted
and mention that the general conditions will be sent free of charge and as soon as possible on
condition that the Customer makes a request to this end.
If the distance agreement is entered into digitally, it shall be possible - contrary to the
aforementioned - to make the text of the General Conditions of Sales available to the Customer in
digital form, thereby ensuring the easy storage on a permanent data carrier. If - within reason - this
is not possible, the Seller shall indicate where the Customer can consult the text of the General
Conditions of Sales or mention that said text shall be sent digitally or otherwise free of charge on
condition that the Customer makes a request to this end.
3.3 The seller shall always be able to unilaterally change the provisions of these General Conditions
of Sales. Alterations shall be announced on the Website and/or by digital means. Each purchase
shall be subjected to the version of the General Conditions of Sales applying at the time of
acceptance of the order by the Seller. Continued use of the Website shall be regarded as acceptance
of the new General Conditions of Sales. These General Conditions of Sales were last altered on
April 10 th , 2015.
Section 4. Realization of the agreement
4.1. The agreement can be entered into in the following languages: English. Whenever the
Customer places an order and accepts the General Conditions of Sales, (s)he confirms that to
him/her English is understandable, clear and unambiguous.
4.2.
Section 7 below describes the various technical steps to conclude the agreement and the
technical means with which incorrect entries can be detected and corrected before placing the order.
4.3. The Seller shall digitally archive the agreements that were entered into and make these
available to the Customer on a permanent medium.
4.4. Taking into account the rules that apply the Seller shall be able to check whether the Customer is able to meet his/her payment obligations and to verify any and all facts and elements
relevant to the conclusion of the distance agreement in question. If the Seller has good reason not to
enter into a distance agreement with a particular Customer, he shall have the right to refuse an order
or impose special conditions for its implementation.
Section 5. Website information/contents - goods
5.1. The Website shall provide a full, clear and detailed description of the goods offered for sale.
To the best of our abilities we shall ensure that the information on the Website is complete, correct
and precise. Despite these precautions wrong data may appear for which we cannot be held
accountable. Slight differences between various specimens of the same product may occur. In the
event of wrong data, the Customer shall be able to contact us (see contact data in section 17 below).
5.2. The information and contents on the Website, including the images and description of goods,
are of a general nature, not adapted to personal or specific circumstances and cannot be considered
as personal advice or a contractual commitment and do not give cause for damages or termination
of the agreement. The information and contents on the Website is available 'as consulted' without
providing any guarantee. The use of Website and its contents is AYOR (at your own risk).
5.3. At the time of their market introduction the goods comply with any and all regulations in
force with regard to health and safety, fair market practices and consumer protection.
5.4. The goods shall be offered for sale for as long as stocks last. In the event of depletion of the
Seller's stocks, the latter shall remove the item in question from the (online) catalog.
Section 6. Prices
6.1. The prices mentioned on the Website are indicated including VAT (Italian VAT) and delivery and/or shipment charges. The prices are mentioned in EUR. The offer and the
prices are valid on the date the Website is consulted and/or the order placed. Before placing an
order, the offer and prices may be altered at all times.
Section 7.Orders
7.1. Only orders placed on the Website will be registered. On said Website the Customer can
select certain products and quantities. The Customer can select the desired item by clicking the
button "Add to cart", thereby adding the product to "Cart" or "Bag". Once the Customer has
selected the desired items he can click "My bag" and subsequently the button mentioning
"Checkout". Subsequently the Customer sees the web page "Your shopping cart", where the
Customer finds a survey of the chosen items with a price indication and the Customer can, if
desired, remove products or adjust quantities. Next, the Customer needs to click "next" and on the
next page that appears (s)he needs to make a choice between "Buy as customer" or "Buy as guest".
The Customer may select "Buy as customer" by logging in via a facebook or google-account. To
this end (s)he needs to click "Facebook" or "Google" or enter an e-mail address and password and
click "Log in", or create an account first by clicking "Create an account". Alternatively, the
Customer may select "Buy as guest" by clicking "Buy without registering". If the Customer chooses the latter option, (s)he will access a page to fill out his/her personal and address data.
Subsequently, the Customer needs to click "continue" and the Customer will - on condition that all
the required fields have been filled out - access the same page as the Customer opting for "Buy as
customer". On this page the Customer needs to fill out and/or adapt the delivery address and
subsequently click "Next". On the next page that appears the Customer needs to choose a method of
delivery (indicating the price) and the Customer needs to accept the General Conditions of Sales by
clicking the button mentioning "I agree to the General Conditions of Sales and will adhere to them
unconditionally". However, (s)he will be given the opportunity to read and store the General
Conditions of Sales using a hyperlink. To this end (s)he needs to click a button mentioning "(Read
General Conditions of Sales)" upon which the page with the text of the General Conditions of Sales
will appear. Subsequently, the Customer needs to click "Next" and will access - on condition that
(s)he has agreed to the General Conditions of Sales - a next page on which (s)he needs to choose
the method of payment. On this page the Customer must select either payment using "Paypal" or
payment using a "Credit card". Subsequently, the Customer needs to click "Proceed" and the
Customer will receive a survey of the products with mention of the total sum to be paid (including
delivery costs), the delivery address and the chosen method of payment. Subsequently, the
Customer needs to click "Proceed" to access his/her bank's page for online transactions (in the
event of payment using a credit card) or the Paypal site (in the event of payment using Paypal). The
sale will only be concluded following payment using a credit card or Paypal. Until the payment step
the Customer can always go back in the purchasing process by clicking "Back" or "Previous" to
make possible changes and/or end the purchasing procedure. During the entire purchasing
procedure the Customer will see a list of ordered items indicating any and all prices and costs.
During the entire purchasing procedure and at the top of the page the Customer can see which phase
of the purchasing process (s)he is currently in. If the Customer performs the payment, he will enter
a contractual agreement and the order will be considered final (also see section above).
7.2. By means of an e-mail sent by the Seller the Customer shall receive confirmation of the
receipt of his/her orders and payments.
7.3. In the event the data base encounters problems with the use of the Website, such as, in
particular, attempts of fraud, placing incomplete or incorrect orders, providing clearly erroneous
data, non-payment of previous deliveries or refusal on the part of the Customer's financial
institution to approve payments or non-confirmation of the payment via web banking on the part of
the institute providing the technical support for such payment transactions, the Seller shall have the
right to suspend the order and the subsequent delivery without having to motivate his decision.
7.4. Any modification of the order by the Customer following his/her confirmation shall be
subjected to the explicit and written confirmation of the order in question by the Seller. In the event
of a request from the Customer to change the order following shipment of the goods only the
procedure to revoke orders as described in section 8 below shall apply.
7.5. In the event of the non-availability of ordered items, the Seller shall immediately inform the
Customer and offer an alternative product. If the Customer does not agree to said alternative
product, the Seller shall refund the Customer within 14 days following receipt of his/her payment.
7.6. [Previous purchases by Customer shall be archived.]
Section 8. Revocation right
8.1. Within a term of 14 days the Customer shall have the right to revoke the agreement and this
without having to justify his/her decision.
The term to revoke the agreement shall expire following a period of 14 days in which the Customer
or any third party who is not the carrier and was appointed by Customer has actually taken
possession of the goods, or in the event the Customer has ordered several products to be delivered
separately, the right to revoke the agreement shall expire following the day on which the Customer
or a third party who is not the carrier and was appointed by the Customer actually takes possession
of the last shipment or last part of the shipment.
8.2. In order to exercise the right to revoke the agreement the Customer shall provide us, being
Grazia Pelletterie S.r.l., with registered office in Macerata, Italy, telephone 0039 0733 969720, fax 0039 0733 969720, e-mail info@graziapelletterie.net with an unambiguous statement (such as a written statement sent by regular mail, fax or e-mail) pertaining to his/her decision to revoke the agreement. The Seller shall confirm to the Customer the receipt of the decision to revoke the agreement.
8.3.
If the Customer revokes the agreement, the Seller shall immediately refund the Customer for
any payments received from the Customer and this no later than 14 days following the date on which the Seller was
informed of the Customer's decision to revoke the agreement.
To this end the Seller shall use the same instrument of payment as used by the Customer during the
initial transaction, unless the Customer explicitly agrees to another instrument of payment. In any
case, no additional costs shall be charged to the Customer for such refunds.
We shall be permitted to put the refund on hold until we have received the goods or the Customer
has proven that (s)he has returned the goods, whatever time applies first
8.4. Immediately and in any case within 14 days following the date on which the Customer has
informed the Seller of his decision to revoke the agreement the Customer shall return or hand over
the goods to the Seller. The items must be sent in the original packaging, be in perfect condition and
this shipment must include the original invoice and the return label sent by the Seller to the
Customer. The Customer respects the aforementioned deadline or he returns the goods prior to the
expiration date of this 14 day period.
8.5. The direct costs in connection with the return shipment shall be borne by the Customer.
These costs vary according to the country of origin. For European countries see LINK TO THE DHL WEBPAGE
The Customer shall be solely accountable for depreciations exceeding the wear and tear
necessary to establish the nature, characteristics and operation of the goods.
Section 9. Payment
9.1. The price shall become payable following confirmation of the order by the Customer.
Payments can be made by means of a credit card or PayPal. The Seller accepts the following credit
cards: VISA, MASTERCARD, Carta Si, Maestro and Visa Electron.
9.2. The Website is equipped with a security system for online payments guaranteeing the
confidentiality of banking data and the safety of the transaction. The security system for credit card
transactions is SSL (Secure Socket Layer).
Section 10. Delivery
10.1. The goods can be delivered to any place in European countries.
10.2. The goods shall be delivered to the address the Customer filled out when going to the steps
to order products on the Website and according to the delivery methods stipulated in the General
Conditions of Sales.
10.3. Unless another delivery period was agreed, the Seller shall deliver the goods by transferring
to the Customer and forthwith the actual possession or control over goods and this no later than 30
days following the conclusion of the agreement (resp. the confirmation of the order by the
Customer).
If the Seller has not met his obligation to deliver the goods within the aforementioned period, the
Customer shall request the Seller to carry out the delivery within an addition period which seems
appropriate given the circumstances. If the Seller does not perform the delivery of the goods within
said additional term, the Customer shall have the right to terminate the agreement free of charge, in
which case the Seller shall immediately refund any and all payments made by the Customer per the
agreement.
10.4. The risk shall be transferred to the Customer as from the time of delivery at the address
entered into the order form by the Customer. As from that time the Customer shall bear any and all risks in
connection with the loss, theft and (full or partial) destruction of the goods.
Section 11. Guarantee imposed by law - conformity of the goods
11.1. The Seller shall comply with the guarantee imposed by law insofar as the conformity of the
goods is concerned. This implies that the Seller shall deliver goods to the Customer which are in
conformity with the agreements and that the Seller can be held accountable for any defects
established at the time of delivery or which become apparent within two years following delivery.
11.2. The Customer shall inform the Seller in writing of said non-conformity within a two month
period as from the date on which the Customer has established the defect. In default of such a non-
conformity statement within the aforementioned period, the Customer shall lose his/her right to
make claims against the Seller due to non-conformity.
11.3. Within the framework of the guarantee imposed by law the Customer - in the case of non-
conformity - shall have the right to claim that the Seller repairs or replaces the item in question free
of charge, except if this is impossible or disproportionate, or that the Seller grants a fitting discount.
In the event the Customer cannot claim any repair or replacement or the Seller has not proceeded
with replacements or repairs within a reasonable period or without great inconvenience for the
Customer, the Customer shall have the right to dissolve the agreement except if the non-conformity
is minor only.
Section 12. Accountability - disclaimer
12.1. The Seller can never be held accountable for:
• The quality, completeness, correctness, suitability, availability or form of the contents or
information on the Website or other (external) websites reference is made to using (even
permitted) hyperlinks on the Website;
• Possible technical failures, disruptions, technical errors, wrongful technical manoeuvres,
unpermitted interventions, viruses etc. on the Website;
• indirect damage or consequential damage (including but not limited to waste of time, lost
opportunity, loss of profit, loss of income, loss of data, emotional damage etc.);
• force majeure.
12.2.
Our (contractual and extracontractual) accountability shall always be limited to the sum of the order, unless a lower limit is permitted by regulations applicable to the transaction in question.
12.3. No provision in these General Conditions and Terms shall exclude our accountability for fraud, wrongful intent, (equivalent) gross negligence, death or bodily harm.
Section 13. Intellectual property
13.1. The Website's contents, including but not limited to texts, images, logos, brands, models,
charts, video files, sound files, HTML-codes, data bases, designs or any other contents or creations
shall be the exclusive intellectual property of the Seller or his licensers and may not be reproduced
or communicated to the public at large without the explicit, written and prior permission from the
Seller or his licensers.
13.2. No provision in these General Conditions of Sales may be interpreted as a transfer or
licensing of intellectual property in connection with the goods to the Customer.
Section 14. Complaints
14.1. The Seller shall have a sufficiently publicized complaints procedure and shall process
complaints accordingly.
14.2. Any and all complaints shall be made within 3 months as from the delivery of the goods, in
default of which the complaint shall not be admissible.
Section 15. Applicable law - competent courts
Any dispute concerning the interpretation or application of these General Conditions or as
a result of whatever use of the Website shall be governed by Italian law only. This rule shall apply
without compromising the protection consumers have on the basis of the provisions agreements
cannot deviate from insofar as the (applicable) law that applies according to section 6, 1st paragraph
of the Regulation (EC) nr. 593/2008 is concerned.
The courts of Macerata (Italy) shall be the competent courts. Legal claims any given consumer
has against the Seller may be initiated either before the courts of the member state in which
the Seller has his place of domicile or before the courts of the member state in which the
consumer in question has his place of domicile. Legal claims the Seller has against any given
consumer may only be initiated before the courts of the member state in which the consumer in
question has his place of domicile.
Section 16. Privacy statement
16.1. We take care of the Customer's privacy and always act according to the provisions of the
applicable rules on privacy.
16.2. Given that the Customer uses the Website and/or communicates his/her personal data, the
Customer shall explicitly agree to the manner in which we collect and process personal data, as
described below.
The Website collects the Customer's name, first name, address (and - in the event the Customer
enters another address - the delivery address), e-mail address (and - in the event the Customer
enters his/her number - telephone number), and - in the event the Customer also completes the
registration process - date of birth the Customer communicated when filling out the contact form,
placing an order/orders on the Website, completing the registration process or subscribing to the newsletter.
We are responsible for processing personal data and will ensure the confidential and safe storage
and processing of these data.
In addition and whenever the Customer visits the Website, we will store his/her IP-address, browser
and operating system, the external website which has transferred the Customer to the Website, the
pages the Customer visited on the Website and the date and time of every page visited by the
Customer. [possibly to be complemented]. This information shall only be collected for statistical
purposes and to improve the Website.
We shall only use the data to supply the requested information, to send the respective newsletters
and to carry out orders.
16.3. Once the Customer has placed an order, we shall be permitted - insofar as the Customer has
explicitly accepted this - to use the Customer's e-mail address to send commercial information
about our goods and services to him or her. If the Customer does not wish to receive newsletters or
information about our goods and services, he shall be permitted to deregister at any time by sending
us an e-mail (see our contact data in section 17 below).
16.4. [The data might be passed on to our [partners].] In addition, we shall have the right to
provide the competent authorities with your data but only at their explicit request.
We might also process these data in a country outside the European Economic Area (EEA).
16.5. The Customer's personal data shall be stored no longer than [five (5)] years following
registration by the Customer.
16.6. Bank details in connection with the payment of orders shall only be collected and used by
PayPal. We shall never have access to these data. However, in the event of a refund, the Customer
might be required to provide some of the aforementioned data.
16.7. The Customer shall have the right to inquire - free of charge - about which personal data we
have and, if necessary, have these data corrected free of charge. The Customer shall be permitted to
exercise this right by contacting us using the contact data mentioned in section 17 below, on
condition that the Customer identifies himself in a sufficient manner. In addition, the Customer shall
have the right to oppose the planned processing of this personal data if the processing takes place
for direct marketing purposes. To this end, the Customer shall be required to file a request.
Section 17. Contact data
For more information, remarks or complaints the Customer may contact us using the contact data
below:
Address: Via Terme Santa Lucia,62029 Tolentino(Macerata), Italy
E-mail address: info@graziapelletterie.net
Telephone number: 0039 0733 969720
Fax number: 0039 0733 969720