{"id":7911,"date":"2022-02-23T19:39:56","date_gmt":"2022-02-23T18:39:56","guid":{"rendered":"https:\/\/aikgiordano.com\/?page_id=7911"},"modified":"2022-02-23T19:39:56","modified_gmt":"2022-02-23T18:39:56","slug":"terms-and-conditions-eng","status":"publish","type":"page","link":"https:\/\/aikgiordano.com\/en\/terms-and-conditions-eng\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n

E-COMMERCE TERMS AND CONDITIONS – GENERAL TERMS OF SALE<\/strong><\/p>\n\n\n\n

Welcome to the e-commerce terms and conditions page of the https:\/\/aikgiordano.com\/ website.<\/p>\n\n\n\n

On this page and its related documents you will find the terms and conditions of service that we apply to all products and\/or goods we sell by the use of our e-commerce website.<\/p>\n\n\n\n

Before you decide to buy any goods and\/or products, please read these General Conditions carefully. The On-line purchase procedure involves the full knowledge and express acceptance of these General Conditions.<\/p>\n\n\n\n

Our website is managed by Mercanti <\/strong>d’Oro<\/strong> <\/strong>S.r.l<\/strong>.<\/strong> (VAT number, tax code and registration with the Register of Companies of Milan no. 03146550151 – REA of Milan no. MI-908529), represented by its legal representative pro tempore, with registered office in Milan, Via Giuseppe Verdi no. 5, zip code 20121, a company acting within the scope of its professional activity and, therefore, to be qualified as a “Supplier\/Professional”, hereinafter also referred to as \u201cthe seller\u201d.<\/p>\n\n\n\n

Please feel free to contact us at info@aikgiordano.com<\/a> for more information.<\/p>\n\n\n\n

1. <\/strong>Subject<\/strong><\/p>\n\n\n\n

The seller sells at a distance to the customer who accepts the tangible products selected by the customer on the seller’s website https:\/\/aikgiordano.com\/, (hereinafter more briefly referred to as “Site”), which are listed on the web page named “Shopping Cart”, (hereinafter more briefly referred to as “Attachment”).<\/p>\n\n\n\n

The Attachment also summarizes the accessory services requested by the customer to the supplier.<\/p>\n\n\n\n

2. <\/strong>C<\/strong>onclusion and effectiveness of the <\/strong>purchase <\/strong>agreement<\/strong><\/p>\n\n\n\n

The purchase agreement is exclusively carried out online by filling in the request form and giving consent to the purchase by signing up online or by filling in the form attached to the electronic brochure online at http:\/\/aik-giordano.meduse. design\/ and its subsequent sending, following the display of the printable order summary, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the delivery address of the goods, the terms of the delivery and the existence of the right of withdrawal.<\/p>\n\n\n\n

These products are sold in their current condition, according to the \u201cAS IS\u201d principle.<\/p>\n\n\n\n

Once the seller receives the order from the customer, it will send a confirmation e-mail or, otherwise, a printable web document may appear confirming and summarizing the order, showing the details of the order.<\/p>\n\n\n\n

The agreement shall not be deemed concluded and effective between the parties in case of failure to comply with the previous point.<\/p>\n\n\n\n

The agreement shall be effective from the moment of perfection as described above and it shall be completed with the delivery of the products and the fulfilment of the accessory services eventually selected.<\/p>\n\n\n\n

3. <\/strong>Method of execution<\/strong><\/p>\n\n\n\n

The supplier will provide for the delivery of the products, according to the terms and conditions of the customer or in accordance with the methods specified on the website and as confirmed in the e-mail above.<\/p>\n\n\n\n

Shipping terms could differ from the day of the order to a maximum of 10 working days from the order confirmation (or in case of banking payment within 10 working days from the actual payment receipt). In the event that the supplier cannot complete the shipment within this period but, in any case, within the period mentioned in the following point, the customer will be promptly notified by e-mail.<\/p>\n\n\n\n

Shipping methods, terms and costs are clearly indicated and highlighted at https:\/\/aikgiordano.com\/.<\/p>\n\n\n\n

4. Pr<\/strong>ice<\/strong><\/p>\n\n\n\n

All sales prices of the products displayed and indicated on the website https:\/\/aikgiordano.com\/ are expressed in Euros and they represent an offer to the public pursuant to art. 1336 of the Italian Civil Code.<\/p>\n\n\n\n

All sales prices of the products displayed and indicated on the website https:\/\/aikgiordano.com\/ are expressed in Euros and they represent an offer to the public,pursuant to art. 1336 of the Italian Civil Code.<\/p>\n\n\n\n

The sale prices, referred to in the previous paragraph, are inclusive of VAT (if and whenapplicable) and any other tax. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, will be indicated and computed in the purchase process before the order is placed by the customer and are also included in the web page summary of the order placed.<\/p>\n\n\n\n

In any case, the seller will bear the shipping costs of the products for orders equal to or greater than Euro 1,000.00.<\/p>\n\n\n\n

The prices specified in correspondence with each of the products on public sale shall be valid until the date set forth in the brochure.<\/p>\n\n\n\n

5. <\/strong>Payment method<\/strong><\/p>\n\n\n\n

Any payment made by the customer shall be made only by one of the methods outlined on the web page by the seller.<\/p>\n\n\n\n

Any possible refund to the customer will be credited through one of the methods proposed by the seller and chosen by the customer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 10, of this agreement, no later than 60 days from the date on which the seller became aware of the withdrawal itself.<\/p>\n\n\n\n

Under no circumstances the customer can be considered responsible for delay or misunderstanding in the payment if he proves to have performed the payment itself in the time and manner provided by the seller.<\/p>\n\n\n\n

6. <\/strong>Customer Declaration and Liability<\/strong><\/p>\n\n\n\n

All statements included in this agreement have been reviewed and accepted by the customer.<\/p>\n\n\n\n

The customer expressly declares to purchase for extraneous purposes to the commercial or professional activity eventually performed.<\/p>\n\n\n\n

The customer declares to have examined the technical and functional characteristics of the products.<\/p>\n\n\n\n

The customer accepts and undertakes to pay the price of the products in the times and places indicated in the agreement.<\/p>\n\n\n\n

7. <\/strong>Seller Declaration and Liability<\/strong><\/p>\n\n\n\n

Shipping terms could differ from the day of the order to a maximum of 10 working days from order confirmation (or in case of banking payment within 10 working days from receipt of payment).<\/p>\n\n\n\n

In the event that the seller is unable to deliver within this period, he shall promptly notify the customer by phone \/ e-mail.<\/p>\n\n\n\n

The seller ensures the execution of orders without delay by indicating in real time in its electronic brochure the number of products available and shipping times.<\/p>\n\n\n\n

The seller undertakes to protect the security of the payment by adopting all possible cautions according to ordinary diligence.<\/p>\n\n\n\n

8. <\/strong>Liability for defect, Proof of damage and compensable damages<\/strong><\/p>\n\n\n\n

Pursuant to art. 114 et seq. of the Consumer Code, the seller is liable for damages caused by defects in the products being sold if he fails to inform the damaged party, within 3 months of the request, of the identity and address of the producer or of the party who supplied him with the goods.<\/p>\n\n\n\n

The above request, by the damaged party, shall be made in writing and shall specify the product that caused the damage, the place and date of purchase; it shall also contain the offer to examine the product, if it still exists.<\/p>\n\n\n\n

The seller shall not be liable for the consequences of a defective product if the defect is due to the conformity of the product with a mandatory legal provision or a binding measure, or if the state of scientific and technical knowledge at the time when the producer placed this product on the market was not yet sufficient to consider the product as defective.<\/p>\n\n\n\n

No compensation will be due if the damaged party was aware of the defect of the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.<\/p>\n\n\n\n

In any case the damaged party shall prove the defect, the damage, and the causal connection between the defect and the damage.<\/p>\n\n\n\n

The damaged party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and so primarily used by the damaged party.<\/p>\n\n\n\n

Damage to property as per art. 123 of the Consumer Code will, however, only be indemnifiable to the extent that it exceeds the sum of three hundred and eighty-seven euros.<\/p>\n\n\n\n

9. <\/strong>Warranty<\/strong><\/p>\n\n\n\n

The seller shall be liable for any lack of conformity that becomes apparent within a period of 2 years from delivery of the products.<\/p>\n\n\n\n

For the purposes of this agreement, goods shall be deemed to be in compliance with the contract if, where relevant, the following circumstances coexist (a) they are suitable for the use for which products of the same type are customarily used; (b) they correspond to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) they have the quality and performance which are customary in products of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the products made in this respect by the seller, the producer or his agent or representative, particularly in advertising or on labelling; d) they are also fit for the particular purpose intended by the customer and which was communicated to the seller by the latter at the time of the agreement and which the seller has also accepted by implication.<\/p>\n\n\n\n

The customer loses all his claims if he does not notify the seller of the lack of conformity within the term of 2 months from the date of discovery of the defect. No claim is necessary if the seller has acknowledged the existence of the defect or has concealed it.<\/p>\n\n\n\n

In any case, except for evidence to the contrary, the lack of conformity which appears within 6 months from the delivery of the good shall be assumed to have already existed on that date, unless such assumption appears to be inconsistent with the nature of the good or the nature of the lack of conformity.<\/p>\n\n\n\n

In case of lack of conformity, the customer may require, alternatively and free of charge, under the conditions specified below, the repair or replacement of products purchased, a reduction in the purchase price or termination of this agreement, unless the request is objectively impossible to meet or is excessively expensive for the seller under Article. 130, paragraph 4, of the Consumer Code.<\/p>\n\n\n\n

10. <\/strong>Right of withdrawal<\/strong><\/p>\n\n\n\n

The customer has the right to withdraw from the agreement entered into, without any penalty and without specifying the reason, within 14 (fourteen) days from the actual delivery of the products, to be communicated to the seller by a registered letter with return receipt addressed to Mercanti <\/strong>d’Oro<\/strong> <\/strong>S.r.l<\/strong>.<\/strong> with headquarters in Milan, Via Giuseppe Verdi n. 5, zip code 20121 or by e-mail to mercantidoroamministrazione@pec.it.<\/p>\n\n\n\n

In order to validly exercise the right of withdrawal, the customer is required to return at his own expense the products received, no later than 30 (thirty) days from the date of delivery of the products themselves; products shall be returned intact and, in any case, in normal condition. However, the customer agrees that the right of withdrawal will be denied if the customer does not return the products or if the products are returned damaged and\/or unfit for use. <\/p>\n\n\n\n

The seller will refund the entire amount paid by the customer within 60 (sixty) days from receipt of the withdrawal notice.<\/p>\n\n\n\n

In any case, if the product is returned with any scratches, damage and \/ or missing parts (including any boxes and \/ or leaflets) the seller reserves the right to retain share \/ part of the sale price of the good whose amount will be identified at the sole discretion of the seller.<\/p>\n\n\n\n

Similarly, within the same term of 14 (fourteen) days the seller will have the right, in turn, to withdraw from the agreement with the obligation to return without any penalty any amount already received for any reason. In case of withdrawal right, the parties are free from the mutual obligations, except for what is provided for in the previous points of the present clause.<\/p>\n\n\n\n

11. <\/strong>Termination<\/strong><\/p>\n\n\n\n

All the customer’s obligations, as well as the warranty of the payment made by the customer, and also the exact fulfilment of the obligations undertaken by the seller, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, unless due to unforeseeable circumstances or force majeure, will entail the legal termination of the agreement pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial sentence.<\/p>\n\n\n\n

12. <\/strong>Data Protection<\/strong><\/p>\n\n\n\n

The seller agrees to comply with all obligations under data protection legislation, in particular Regulation (EU) 2016\/679 (“GDPR<\/strong>“) and Legislative Decree 196\/2003, as amended by Legislative Decree 101\/18 (together with the GDPR, the “applicable privacy legislation<\/strong>“).<\/p>\n\n\n\n

For the purposes of the performance of this agreement, the seller will act as Data Controller and will collect Customer’s information and personal data for the purposes and according to the methods indicated in the privacy policy (“Privacy Policy<\/strong>“) published on Aik Giordano’s website.<\/p>\n\n\n\n

The seller declares and guarantees that any communication of personal data of which it is the Data Controller:<\/p>\n\n\n\n

– is carried out in compliance with the applicable privacy legislation;<\/p>\n\n\n\n

– that it has informed the data subjects about the possibility of processing the customer’s personal data for the purpose of this agreement.<\/p>\n\n\n\n

For more information on the processing of personal data by the seller, please refer to the contents of the Privacy Policy of the site.<\/p>\n\n\n\n

13. <\/strong>Invalidity of individual clauses<\/strong><\/p>\n\n\n\n

In case any provision of these General Terms and Conditions is found to be unlawful and\/or illegal and\/or invalid, it shall not be considered as part of these General Terms and Conditions without affecting the remaining provisions, which shall then continue to be valid and effective to the fullest extent permitted by law.<\/p>\n\n\n\n

1<\/strong>4<\/strong>. <\/strong>Fi<\/strong>nal<\/strong> <\/strong>provisions<\/strong><\/p>\n\n\n\n

This agreement complies with the provisions on the sale of products referred to in Legislative Decree no. 206\/2005 and subsequent amendments, cancels and replaces any previous agreement between the parties with similar purposes. Any changes to this agreement shall take effect only by written confirmation. With the term “online purchase agreement<\/em>” we refer to the purchase and sale agreement related to the seller’s tangible movable products, entered into between the seller and the customer within a distance selling system through telematic instruments provided by the seller. For the matters not regulated by the present agreement we refer to the provisions of the civil code that regulate the sale of movable products.<\/p>\n\n\n\n

The costs of registration of the present agreement are on charge of the party who makes the request.<\/p>\n\n\n\n

1<\/strong>5<\/strong>. <\/strong>Applicable law and exclusive jurisdiction<\/strong><\/p>\n\n\n\n

These General Conditions and all disputes relating to the execution, interpretation and validity of the agreement are governed by Italian law.<\/p>\n\n\n\n

The customer, with the acceptance of these General Conditions, as a result of specific negotiation, expressly declares to waive the Consumer’s Court in favor of the exclusive jurisdiction of the Court of Milan.<\/p>\n\n\n\n

The European Commission also provides a platform for online dispute resolution, which you can access through the following link: https:\/\/ec.europa.eu\/consumers\/odr\/.<\/p>\n\n\n\n

The Customer declares that he has taken due note of these General Terms and Conditions and that he \uf8ff accept them in their entirety and form\u200b                                        \uf8ff not accept them (impossibility to use the e-commerce).<\/p>\n\n\n\n

The Customer, moreover, pursuant to and for the purposes of Articles 1341 and 1342 c.c., declares to have read carefully and specifically approve the articles: 2. Conclusion and effectiveness, 3. Methods of execution, 4. Price, 5. Methods of payment, 6. Declaration and responsibility of the customer, 7. Declaration and responsibility of the seller, 8. Responsibility for defect proof of damage and refundable damages, 9. Warranty, 10. Right of withdrawal, 11. Termination, 13. Invalidity of individual clauses and 15. Applicable law and exclusive jurisdiction.<\/p>\n\n\n\n

\u25a1 for acceptance\u200b                                        <\/p>\n\n\n\n

\u25a1 non-acceptance (inability to use e-commerce).<\/p>\n\n\n\n

In case of acceptance of these General Conditions, the customer will receive a copy of them by e-mail at the address provided during the registration process.<\/p>\n\n\n\n

Following Attachment cart order confirmation.1<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

E-COMMERCE TERMS AND CONDITIONS – GENERAL TERMS OF SALE Welcome to the e-commerce terms and conditions page of the https:\/\/aikgiordano.com\/ website. On this page and its related documents you will find the terms and conditions of service that we apply to all products and\/or goods we sell by the use of our e-commerce website. Before you decide to buy any goods and\/or […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-7911","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/pages\/7911","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/comments?post=7911"}],"version-history":[{"count":1,"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/pages\/7911\/revisions"}],"predecessor-version":[{"id":7912,"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/pages\/7911\/revisions\/7912"}],"wp:attachment":[{"href":"https:\/\/aikgiordano.com\/en\/wp-json\/wp\/v2\/media?parent=7911"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}