1.1. These General Sales Conditions (after “GSC”) regulate the contract (after “CONTRACT”) for the purchase of clothing products and accessories marked exclusively with the brand Cashmere Island (after “PRODUCTS”) offered by Nonsololana srl –located in Via dei Casini 19/B – 59100 – Prato – ITALY – P.IVA 02040470979 (after “Cashmere Island”) – through its own website com (after “SITE”) to the SITE users (after “CUSTOMER” or “CUSTOMERS”).
1.2. In these GSC with the word CUSTOMER or CUSTOMERS we mean the “consumer” or the “consumers” as in the art. 3, co.1, lett. a) of the D.Lgs 6th September 2005, n. 206 (after “CODE”), that is “a natural person who is acting for purposes which are outside his/her trade, business or profession”.
EFFICACY AND MODIFICATION OF THE GSC
2.1. The GSC are available on the SITE to be easily read by the CUSTOMER before the registration and the purchase of the PRODUCTS; they are considered as accepted together with the registration and the sending of the purchase order document, they can be saved on the CUSTOMER computer and they can be print on paper through the print of the file in which they are contained.
2.2. The GSC applicable to the purchase of the PRODUCTS are those published on the SITE, on the date of the order of the PRODUCTS. So, the CUSTOMER should read the GSC every time he/she wants to buy something on the SITE.
2.3. Cashmere Island mere tolerance or missing objection of possible non-fulfilments by the CUSTOMER towards what is contained in the GSC could not be interpreted as a silent reception of those non-fulfilments, nor as the will of waiving what established between the parts.
REGISTRATION AND PURCHASE PROCESS
3.1. The CUSTOMER who wants to purchase the PRODUCTS has to show his/her will through the registration of his/her data and through a request done directly on the SITE where, following the indicated purchase process, he/she will send electronically his/her own online purchase order (after “ORDER”) and the related payment.
3.2. In the order document there is a recap of the information about the essential characteristics of each ordered product and its price (applicable taxes included), about the chosen means of payment, about the shipping process of the purchased products, about the shipping and delivery costs: the CUSTOMER, before sending the ORDER, should read carefully all its contents, recognize and correct possible mistakes concerning the input of the data.
3.3. All the purchase orders of the PRODUCTS are subject to the availability of those PRODUCTS, and so to the confirmation of Cashmere Island, who will communicate the actual availability by sending an email of SHIPPING CONFIRMATION to the CUSTOMER.
3.4. In case of unfinished ORDER, due to the unavailability of one of the ordered PRODUCTS, Cashmere Island will inform the CUSTOMER via email and will ask for the confirmation of the CUSTOMER’s ORDER, for the purchase of the remaining available PRODUCTS. Anyway, the unavailability of one or more ordered PRODUCTS will not give automatically to the CUSTOMER the right of cancelling the totality of the ORDER.
Cashmere Island’s RIGHTS AND DUTIES
4.1. Cashmere Island commits to deliverying the PRODUCTS to the address and according to the terms indicated by the CUSTOMER in the ORDER. Cashmere Island will not be responsible for delivery mistakes due to inaccuracies or lacks in the compiling of the ORDER or to the unavailability of the CUSTOMER. Cashmere Island uses the express delivery, so post office boxes cannot be accepted.
4.2. In case of return, total or partial, of the PRODUCTS, according to the right of withdrawal or to the legal guarantee, Cashmere Island will refund only the due amount, as specified in the following articles 10 and 11.
THE CUSTOMER’S RIGHTS AND DUTIES
5.1. The CUSTOMER is the only one responsible for the truthfulness of the data and the accuracy of the information given to Cashmere Island during the registration on the SITE. He/She commits to communicating immediately possible variations of the given data.
5.2. The CUSTOMER, during the registration and the sending of the ORDER, declares that he/she has read, understood and accepted the GSC and the other information contained in the SITE, including the PRIVACY. He/She also declares to be at least eighteen years old and to own the legal capacity of acting.
5.3. Once the purchase process on the SITE is over, the CUSTOMER commits to saving an electronic copy and to printing the ORDER and the GSC in order to keep them, as indicated in the previous article 2.1.
USE OF THE SITE
6.1. The essential characteristics of the PRODUCTS are shown on the SITE in the profile of every product. The images and the colours of the models on sale on the SITE may not perfectly correspond to the actual ones because of the browser or screen used to visit the SITE.
6.2. Cashmere Island is not responsible for the problems caused to the CUSTOMER in using the SITE and the technologies, because they do not depend on its will. For example: a) errors, delays or impossibility to enter the SITE by the CUSTOMER during the purchase process; b) errors, delays or impossibility by the CUSTOMER to receive Cashmere Island’s communications about the purchase of the PRODUCTS.
6.3. In any case, according to its own possibilities, Cashmere Island commits to solving the problems that may occur and to offering the assistance necessary to the CUSTOMER to obtain a quick and satisfying solution to the above-mentioned problems.
PRICES AND PAYMENTS
7.1. The prices of the PRODUCTS are those actually shown on the SITE when the ORDER is sent and, if not differently specified, they are meant as including VAT. For each of the PRODUCTS, it is necessary to add the shipping and delivery costs to the prices shown on the SITE; these costs will be duly highlighted and recapped before the ORDER is sent and then also in the ORDER CONFIRMATION.
7.2. The final price for the purchase of the PRODUCTS and the shipping and delivery costs, as indicated in the ORDER, will be charged to the CUSTOMER when he/she proceeds with the payment.
DELIVERY OF THE PRODUCTS TO THE CUSTOMER
8.1. When the PRODUCTS are delivered to the CUSTOMER by the appointed courier, the CUSTOMER must check: a) that the number and the kind of the ordered PRODUCTS correspond to what is indicated in the delivery note; b) that the package used for the transport is intact, neither damaged, nor wet, or altered, even only in the closing materials.
8.2. Possible anomalies have to be immediately communicated to the courier at the very moment of the receipt of the PRODUCTS, indicating them in the delivery note. In order to facilitate and accelerate the checking procedure of the anomalies by Cashmere Island, the CUSTOMER can write an email at [email protected]
RIGHT OF WITHDRAWAL
9.1. The CUSTOMER has the right of withdrawal towards Cashmere Island without any penalties and without specifying the reason within 14 days from the receipt of the PRODUCTS purchased on the SITE or from their collection in the shop, on condition that the returning products are intact, never worn, in their original package, with their own hangtags and labels, as better explained at point 10.4.
9.2. In case of use of the right of withdrawal, even partial, the return of the PRODUCTS must be done in one go.
9.3. If the CUSTOMER wants to use his/her right of withdrawal of which we are talking in the present article, he/she must: – send an advisory email at [email protected], attaching the DELIVERY CONFIRMATION sent by Cashmere Island and specifying in the email text the code of the article or the articles to return (after “RETURNED PRODUCTS”) and the reason of the return “for free withdrawal”; – contact DHL according to the way indicated by Cashmere Island and send, within the 14 days following the communication of the return, the returning products to the dedicated address: NONSOLOLANA SRL – Via dei Casini 19/B, 59100 Prato, Italy.
9.4. Every PRODUCT has its own hangtag, internal labels and package. In case of use of the right of withdrawal, Cashmere Island has the right of not accepting the return of the RETURNED PRODUCTS if they have not their own hangtag or labels and if they have been used, worn, washed, damaged or altered in their essential and qualitative characteristics.
9.5. If the right of withdrawal is used according to the modalities and terms described in this article, Cashmere Island will send to the CUSTOMER as soon as possible via email the confirmation of the acceptance of the RETURNED PRODUCTS and will refund, through bank procedure, the costs supported by the CUSTOMER for the purchase of those products and for the possible shipping and delivery costs.
9.6. In any case, the return through cash on delivery is forbidden.
RETURN FOR FAULTS OR DISCREPANCIES OF THE PRODUCTS
10.1. As far as the PRODUCTS purchased by the CUSTOMER are concerned, Cashmere Island gives the legal guarantee of compliance with the conditions and terms of prescription and limitation provided for by law. More specifically, the rights derived from this guarantee could be used only if the PRODUCTS have been used in the correct way, with the due diligence and respecting its intended use and what is specified in the included indications, and only if the CUSTOMER can show the delivery note received with the products and the indication of the ORDER number.
10.2. In case of faulty or different PRODUCTS from those ordered (after “FAULTY PRODUCTS”), the CUSTOMER must send an email to Cashmere Island at [email protected], attaching the DELIVERY CONFIRMATION sent by Cashmere Island and specifying in the email text the code of the article/s to return and the return reason “faults of the PRODUCTS”.
10.3 Cashmere Island will send an email with the instructions to contact the courier. The CUSTOMER will have to book the pick-up, following the given instructions, within 14 days from the communication of the instructions via email. From the moment in which the FAULTY PRODUCTS are given to the courier, Cashmere Island exonerates the CUSTOMER from all responsibilities in case of loss or damage of the products during the transport.
10.4. Every PRODUCT has its own hangtag, internal labels and package. In case of use of the right of withdrawal, Cashmere Island has the right of not accepting the return of the FAULTY PRODUCTS if they have not their own hangtag or labels and if they have been used not in a proper way, damaged or altered in their essential and qualitative characteristics.
10.5. If the faults of the PRODUCTS are communicated following the ways and terms described in the present article, Cashmere Island will send to the CUSTOMER an email with the relating confirmation of the acceptance of the RETURNED PRODUCTS as soon as possible.
10.6. As soon as the package with the FAULTY PRODUCTS is delivered, Cashmere Island will check the notified faults and will send to the CUSTOMER an email with the confirmation of the receipt of the FAULTY PRODUCTS and the potential validation of the faults communicated by email. Then, at its own expense, Cashmere Island will replace the FAULTY PRODUCTS with others of the same model and will refund through bank procedure the costs the CUSTOMER supported for the purchase and maybe also for the shipping and delivery of the FAULTY PRODUCTS. The return costs are at the expense of Cashmere Island.
PROTECTION OF PERSONAL DATA
11.1. Cashmere Island guarantees to the CUSTOMER that his/her personal data, acquired during the purchase of the PRODUCTS, will be always treated in a licit and proper way, according to the instructions of Lgs. 30th June 2003, n. 196 (after “DECREE”) in conformity with the PRIVACY, published on the SITE and printable.
11.2. For any further information about the use of personal data, please check Cashmere Island report about the use of the data, shown to the CUSTOMER at the very moment of his/her registration on the SITE, according to art. 13 of the DECREE. If the CUSTOMER needs more information about the use of personal data (art. 7 of the DECREE), he/she can contact Cashmere Island at [email protected]
For any further information, support or complaint about the purchased PRODUCTS, the CUSTOMER can contact Cashmere Island via email at [email protected]
APPLICABLE LAW AND JURISDICTION
The GSC are regulated by Italian law and more specifically by the CONSUMER CODE and by the legislative decree 9th April 2003 n. 70 about some peculiarities of the electronic commerce.