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Terms and Conditions

Details of the supplier

The goods covered by these general conditions are offered for sale by Chimera Sleepwear di Domizia Vanni P.I. 02499020978 C.F.VNNDMZ96M44G999W hereinafter referred to as “Supplier”, pec vanni.domizia@legalmail.it mail hello@chimerasleepwear.com

1. Definition

1.1 The term “electronic commerce contract” means the contract concerning goods and services stipulated between the supplier and a customer or consumer in the context of a remote sales or service supply system, organized by the supplier, that for this contract uses only one or more telematic communication techniques;

1.2 The term “Buyer” or “Customer” means the customer (VAT taxable person) or consumer who is a natural person

1.3 The term “Supplier” or “Seller” means the person indicated in the epigraph who sells the goods or provides the services.

2. Object of the contract

2.1 With this e-commerce contract, the Supplier sells and the Buyer buys a remote tangible movable property listed and offered on the website www. chimerasleepwear.com

2.2 The goods referred to in the previous point are available on the dedicated page of the aforementioned website. The products are depicted and made visible on the site accurately and corresponding to the characteristics actually possessed. The Supplier is unable to guarantee the exact correspondence to reality in relation to the images and colors as they appear on the customer’s device. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

3. Conclusion of the contract

3.1 The contract between the Supplier and the Buyer is concluded exclusively through the internet. The Buyer must follow the procedure indicated on the aforementioned website in order to formalize their acceptance for the purchase of the goods referred to in point 2.

3.2 The purchase contract is concluded through the exact compilation of the acceptance form and the consent to the purchase expressed through the adhesion sent online, always after viewing a web page summarizing the order in which the details are reported of the purchaser and of the order, the price of the purchased goods, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.

3.3 When the Supplier receives the acceptance of the order from the Purchaser, it sends a confirmation e-mail and / or displays a web page of confirmation and summary of the order in which the data referred to in the point 3.2.

3.4 Upon receipt of payment for the goods, the Supplier will proceed to issue the related tax document pursuant to Presidential Decree no. 633/1972, where applicable. The request for an invoice by the Purchaser must be communicated to the Supplier when completing the order, providing, in this regard, the data necessary for billing.

In the event of invoicing, the sum of Euro 2.00 will also be charged as a revenue stamp to be paid by the Buyer.

3.5 The contract is not considered completed if what is reported in the previous points is missing.

Methods of payment and refund

 

4. Payments

4.1 Any payment for goods purchased by the Buyer may be made using the payment methods indicated on the Supplier’s website.

4.2 Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer.

5. Delivery

5.1 The Supplier will deliver the selected and ordered goods, without undue delay and, at the latest, within 5-10 days from the date of conclusion of the contract, in the manner chosen by the Purchaser or indicated on the website at the time of offer of the goods, except for events of force majeure beyond the control of the Supplier.

5.2 If the Supplier is unable to ship within the deadline referred to in point 5.1. the Buyer will be promptly notified by e-mail.

5.3 In the event of delayed delivery, the Buyer may cancel the order or the part of the order not delivered only after notifying the seller, by registered letter with return receipt. or by certified e-mail, his intention and after having granted him 5-10 working days from the receipt of such communication, within which the Seller will be able to deliver all the products specified in the reminder and not already delivered. However, any liability for damage deriving from delay or failure to deliver, total or partial, is excluded, as better indicated in point 8.1.

5.4 Shipping methods, times and costs are indicated on the Supplier’s website at the following link:

5.5 The goods are supplied ex works by the Supplier and travel at the Buyer’s risk and peril even if carriage paid. With the delivery of the goods to the carrier ceases any and all liability of the Supplier who is also deemed exempt from forwarding complaints on behalf of the Purchaser to whoever has been in charge of the transport. In cases where, upon the Buyer’s instruction, the goods are delivered directly to third parties, the Buyer himself remains committed to the Supplier for all legal purposes as if he were the recipient.

6. Prices

6.1 All sales prices of the products displayed and indicated on the website www.chimerasleepwear.com are expressed in Euro

6.2 The sale prices referred to in the previous point are inclusive of VAT and all other taxes, if due. The shipping costs and any additional charges, if any, even if not included in the purchase price, will be indicated and calculated by the Supplier in the Purchase procedure before the Buyer places the order and also contained in the web page of summary of the order placed.

7. Product availability

7.1 The Supplier ensures the processing and fulfillment of orders without delay.

7.2 Without prejudice to the provisions of point 3.4. should an order exceed the quantity in the warehouse, the Supplier, by e-mail or other suitable means, will notify the Buyer of the unavailability of the goods and the waiting times, asking whether or not he intends to confirm the order.

8. Limitation of Liability

8.1 Without prejudice to what is indicated in point 5.3, the Supplier assumes no responsibility for delivery delays due to force majeure.

 

8.2 The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the internet.

8.3 The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of non-execution for reasons not attributable to him, since the Buyer is entitled to a full refund of the price paid and any additional charges incurred.

8.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards or other means of payment, upon payment of the purchased products.

8.5 The Supplier assumes no responsibility for the final use to which the Purchaser allocates the purchased goods, if such use is incompatible with the characteristics of the goods themselves.

8.6 The Supplier’s liability is, in any case, limited to the value of the goods sold.

8.7 The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the Supplier sold the product, did not allow to consider the product as defective.

9. Liability for defects

9.1 The Seller is not responsible for the final destination of the product, for which the Customer acts and chooses in full autonomy and awareness. The seller is not responsible for any defect and / or defect resulting from abnormal deterioration, negligence in storage by the customer or improper use of the products sold.

10. Guarantees and complaints

10.1 The Supplier is liable for any lack of conformity that occurs within the period of two

years from the delivery of the goods, without prejudice to the provisions of point 8.5

10.2. The Purchaser loses all rights if he does not report the lack of conformity to the Supplier within 60 days of discovery.

10.3. The request must be received in writing, by registered letter with return receipt. or by pec, or email to the Supplier who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 1-2 working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

10.5 The Supplier having received the complaint and ascertaining its responsibility will have the right either to replace the defective goods, provided that they have not undergone any processing or to authorize the return of the goods by reimbursing the relative invoice value, excluding any liability or indemnity.

10.6 All costs relating to the outward and return transport of the goods to be replaced are borne by the Supplier. In any case, the return of the goods must be previously authorized by the Supplier.

11. Guarantees and complaints

11.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within the term of 14 days (NB 14 days is the minimum in case of sale to the final consumer, however it is possible to establish a term wider, e.g. 30 days), starting from the day of delivery of the purchased good.

11.2 In case of exercising the right of withdrawal, the Purchaser must notify the Supplier at the following pec / email address customer@chimerasleepwear.com or through the appropriate form on the site

11.3 The return / return of the goods by the Buyer must take place without delay, and in any case, within 1-2 days from the notification to the Supplier of the withdrawal. If the returned goods show damage or signs of wear, the Supplier may withhold from the refund an amount corresponding to the decrease in value, or refuse the return or replacement of the product.

11.4 The Supplier will refund the price of the goods for which the withdrawal has been exercised within 30 days of the return of the goods by the Buyer.

11.5 With the receipt of the notice of withdrawal from the Purchaser, provided that it has taken place in compliance with the previous points, the parties to this contract are deemed to be released from their respective obligations.

 

 

12. Causes for Termination

12.1. The obligations assumed by the Buyer, the guarantee of the successful completion of the payment made by the Buyer, the exact fulfillment of the obligations assumed by the Supplier, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, it will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code

13. Intellectual property and copyright

13.1 All copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are the property of the Provider and those who have granted a license for their use.

14. Treatment of the Buyer’s personal data

14.1. The Buyer’s personal data are processed in accordance with the GDPR, for the purposes indicated in this statement.

15 Settlement of disputes and jurisdiction

15.1 For all disputes arising from this contract, the competent court will be exclusively that of Prato in the event that the Buyer is a legal person, while if the Buyer is a consumer, the competent Court will be the place of residence or domicile of the consumer. .

16 Languages available

16.1. The official text of these conditions of sale is in Italian, which therefore will do faith in case of discrepancy with any corresponding foreign language translations.

17 Applicable law and reference

17.1 This contract, even if not covered by these clauses, is governed by Italian law.

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