Terms & Conditions of Sale
GENERAL TERMS AND CONDITIONS FOR THE SALE OF AGOSTI ISABELLA'S PRODUCTS VIA THE WWW.ISABELLAAGOSTI.COM WEBSITE
Last revision: June 30, 2022
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PURCHASING ANYTHING FROM THIS WEBSITE.
(1) Agosti Isabella (hereafter, “Agosti Isabella” or the “Vendor”) sells products protected by copyright in Italy.
(2) These General Terms and Conditions of Sale are applicable to all sales of Agosti Isabella’s products via the www.isabellaagosti.com website.
(3) The use of the sales service described herein is reserved solely for consumers. The term “Consumer” is to be understood as any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. The resale, rental or transfer for commercial or professional reasons of products purchased on the Website is strictly forbidden.
(4) Agosti Isabella may modify these General Terms and Conditions of Sale at any time.
(5) These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.
(6) It is understood that by placing an order on the Website, the Customer fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale, which form an integral and substantial part of these recitals.
(7) These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than Agosti Isabella, even in cases in which they are presented on the Official Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied. In no case can the Vendor be held liable for the provision of services by third parties.
2. PRODUCT ORDERS
(1) Orders may be placed directly by persons of legal age who are not under legal disability.
(2) Orders may be placed in English via the Website, or by email in case of commissions.
(3) The Customer must provide the Vendor a valid e-mail address to which any information concerning the order will be sent.
(4) Each order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products.
(5) Agosti Isabella reserves the right to modify the limits for the quantity and/or types of products that may be purchased at any time.
(6) The Customer is responsible for selecting the articles of interest to him/her. The Customer's shopping cart and the order summary sent to the Customer following completion of the purchase include a description of the products ordered, including measurements and sizes (where applicable), and a digital photograph allowing a correct representation of the products available on the site.
(7) The Customer is responsible for selecting the appropriate shipping option (tracked or untracked) upon checkout. In case the Customer decides to select the untracked option, Agosti Isabella is not to be considered responsible for lost or missing packages. The Customer will not be refunded.
(8) Although Agosti Isabella takes all appropriate measures to ensure the photographs on the site faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to the Customer's computer's technical characteristics and colour resolution. Consequently, any confirmation about the condition of a product is subject to restriction on the possibly inaccurate representation on the customer's computer, Agosti Isabella does not guarantee identity at the products and the graphic representation of such products shown on the website with respect to collaring for the technical reasons listed above.
(9) The Customer must click on the shopping cart icon to view the selected articles and total price of the articles ordered. The Customer is asked to verify the content of the shopping cart before completing the purchase form in accordance with the instructions provided on the Website.
(10) Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she should follow the instructions on the Website.
3. PRODUCT PRICES
(1) Prices at checkout include shipping costs, unless otherwise stipulated on the Website or on the order page.
(2) The price of each product is displayed for the Customer prior to completion of the order. All prices are in euros and are not subject to VAT.
(3) Agosti Isabella is not to be held responsible for any customs and import taxes that may apply, nor for delays due to customs.
4. COMPLETING THE ORDER
(1) The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to Agosti Isabella.
(2) The Customer may correct or cancel the order before its completion by leaving the Website without having confirmed the order.
(3) The General Terms and Conditions of Sale are always available via the "Legal Notice" section of the Website.
(4) We consider the Customer's order to be binding once the entire purchase procedure has been completed properly, without any errors being identified by the Website. The contract between Agosti Isabella and the Customer is to be considered concluded when the Customer receives confirmation of successful completion from Agosti Isabella at the e-mail address indicated during the order process, sent in respect of the purchase procedure. With confirmation, the Customer also receives a complete summary of the order.
(5) Before sending confirmation of the successful conclusion of the contract, Agosti Isabella reserves the right to decide whether or not to accept orders not providing sufficient guarantees of solvency or which are incomplete or incorrect or if products are unavailable. In this case, the Vendor will inform the Customer that the contract is not concluded and that it is not following up on the order, providing its reasons for doing so. The Customer is informed within 30 days of transmission of the order to Agosti Isabella. Any amounts already paid by the Customer for the order will be reimbursed.
(6) Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the number and date of purchase, the product ordered, its price, the amount paid and information on customer service.
(7) The Customer may access the order in the “Orders” section, which also includes a history of past orders.
The Customer cannot cancel an order nor request an exchange.
5. CONDITIONS OF PAYMENT
(1) The Customer must make payment via one of the methods of payment indicated on the order form.
(2) For payment via credit card, the amount will be debited from the Customer's credit card at the time of purchase.
(3) For payment, the Customer must provide the credit card number, expiration date and security code indicated on the card.
(4) If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically canceled.
(1) Without prejudice to the previously mentioned article 4, the payment of products purchased on the Website can be paid via PayPal. Should the Customer choose PayPal as their payment method, they will be redirected to the website www.paypal.com where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with Agosti Isabella. Agosti Isabella therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer's PayPal account or any other payment instrument connected to said account.
(2) In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to the Customer's PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favour of said account has been arranged, Agosti Isabella cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.
(3) The Customer expressly acknowledges and agrees that, when entering their data into the PayPal website to make their first purchase, a specific procedure entitled "Reference Transaction" will be automatically activated, which - through an automatic Customer recognition system - will allow them to complete any future orders with PayPal without having to sign in using their credentials again. The Customer can disable the "Reference Transaction" at any time by going to the specific section 3.11 (Canceling Recurring Payments) of the PayPal website (https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full).
6. RETENTION OF TITLE
(1) The delivered goods remain the property of Agosti Isabella until full payment has been received.
(1) Following order transmission via the Website, the Customer can monitor the status of the order in the “Orders” section on the Website.
(2) The Customer can contact Customer Service by e-mail to request information on delivery.
(3) The Customer may request delivery to the physical person of his/her choice. No deliveries will be made to post office boxes, collection points or General Delivery addresses.
(4) Invoices are printed and sent with every order.
(5) Items are delivered to the address indicated by the Customer only once payment for the order has been registered. Agosti Isabella fills orders within a maximum of 30 days of the day the order is made, upon receipt of payment, except where Agosti Isabella informs the Customer, within the same period, of non-acceptance of the order pursuant to article 4 above.
(6) The Customer can choose both standard and tracked delivery options as stipulated in the checkout page and depending on the country of delivery. All delivery options available for your order will be displayed at checkout.
(7) The delivery terms are merely indicative.
(8) All shipping costs are itemised in the order form at the time of purchase on the Website. Additional shipping costs are not refunded in the case of article returns.
(9) In case the Customer selects tracked shipping, the e-mail sent by Agosti Isabella to the Customer contains a tracking code and an exclusive link to track the shipment in real time. Agosti Isabella can provide assistance for any delivery problems.
(1) Agosti Isabella’s liability for any defective material will be governed by the applicable legal provisions.
(2) The Customer is not entitled to make a claim for defective products if they are the result of an alteration made by the Customer or a third party, unless the Customer can prove that the defect already existed at the time of delivery.
10. RETURNS AND REFUNDS
The Customer's right of withdrawal must be exercised as described below.
To exercise the right of withdrawal, the Customer must contact Customer Service within 5 (five) days of the date of delivery to the Customer or a third party.
The right of withdrawal must be exercised by the Customer within 14 (fourteen) days of the date of delivery to the Customer or a third party.
For the return to be accepted by Agosti Isabella, the products must be returned within 14 days of the date on which the Customer informed Agosti Isabella of his/her wish to return the purchase and respecting the following conditions:
1. The products must be returned in their original packaging (accessories, inserts, protection, leaflets, etc.) but in a new envelope/bag/box to contain them.
2. The products must be accompanied by the purchase receipt.
3. Products returned by the Customer must not have been damaged nor used.
4. Damaged goods being returned must be in the condition in which they were received by the Customer; the Customer must not attempt to modify, handle or repair them.
5. Commissioned products cannot be returned.
Agosti Isabella reserves the right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above.
Agosti Isabella also reserves the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. Agosti Isabella cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of withdrawal, the Customer will be refunded all payments made to Agosti Isabella, according to the method of payment chosen for the purchase, and for the product for which withdrawal was exercised, excluding delivery costs.
Agosti Isabella will refund these amounts upon receipt of the returned product. Refunds are credited to the Customer's current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
11. LIMITATION OF LIABILITY
(1) Claims of the customer for damages are excluded, except in the following cases: claims for damages resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by Agosti Isabella. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the case of infringement of essential contractual obligations, the supplier is only liable for the foreseeable damage that is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health.
(3) The applicable provisions on the product liability shall remain unaffected.
12. PRODUCT AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
(1) Agosti Isabella guarantees the authenticity and quality of all the products sold on the Website.
(2) All illustrations and logos present on Agosti Isabella’s products, whether registered or not, are and shall remain the exclusive property of Agosti Isabella. Reproduction in whole or in part, modification or use of said illustrations and logos for any reason and on any medium is strictly forbidden without the prior express approval of Agosti Isabella. This clause is not applicable to the private use of the Agosti Isabella’s products.
(3) Any combination of said illustrations with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
(4) Reproduction in whole or in part, modification or use of drawings which are the exclusive property of Agosti Isabella is also strictly forbidden.
13. FORCE MAJEURE
(1) Performance of services by Agosti Isabella may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
(2) Agosti Isabella will inform the Customer of said unforeseeable circumstance or force majeure within 7 days of its occurrence. Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of amounts already paid.
14. APPLICABLE LAW
(1) Orders placed under these General Terms and Conditions of Sale are governed by Italian law, and in particular by the Civil Code, legislative decrees no. 206 of 6 September 2005, and no. 70 of 9 April 2003, excluding conflict laws and private international law. The Vienna Convention on the International Sale of Goods of 1980 does not apply.
In the event of a discrepancy between the General Terms and Conditions of Sale in Italian and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in Italian shall prevail.