Terms and Conditions
Antonio Riva Milano - Terms and conditions
GENERAL CONDITIONS OF SALE
- Scope of Application
1.1 These General Terms and Conditions of Sale (hereinafter, also "GTC") govern the offer and online sale of products by Antonio Riva Milano S.r.l., with registered office in Corso Venezia 44, 20121 - Milan, Italy (Tax Code and VAT No. 09725720966 - hereinafter "Antonio Riva Milano"), on the website, www.antonioriva.com (the "Site").
Customers may contact Antonio Riva Milano's Customer Service ("Customer Service") to request information, send communications and/or submit complaints regarding sales, purchase orders, products, payments and shipments, by writing to the e-mail address indicated in Article 10.
The applicable Terms and Conditions of Sale are those in effect on the date the purchase order is submitted. For this reason, Customers are advised to read the most recent version of the General Terms and Conditions of Sale before making a purchase. Should any provision of these General Terms and Conditions of Sale be deemed invalid, void, or for any reason unenforceable, such condition shall not affect the validity and enforceability of the other provisions.
- Purchase and registration on the Site
2.1 Orders may only be placed through the Site by natural persons, over 18 years of age ("Customers"), acting for purposes unrelated to their trade, business, craft or profession, and who have registered on the Site by creating an account. Antonio Riva Milano reserves the right to refuse an order if it detects use for purposes unrelated to personal consumption. By placing an order, the Customer declares that he/she is purchasing the products for private use only.
2.2 Registration on the Site is free of charge. To register on the Site, the Customer must complete the registration form by entering and submitting his/her personal identification and contact information.
2.3 Antonio Riva Milano reserves the right to refuse or cancel orders placed by any Customer (i) who is suspected of using the products for purposes other than private use; (ii) with whom a legal dispute is pending; (iii) who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of a purchase agreement made through the Site; (iv) who has been involved in any type of fraud (including credit card fraud); (v) who has issued false, incomplete or inadequate identifying information or who has failed to promptly send Antonio Riva Milano a copy of any valid document requested by us; (vi) who fails to provide sufficient guarantees of creditworthiness.
- Product Information
Each product is accompanied by a Product Sheet (as defined in Article 5.4). Images and descriptions of products on the Site are for illustrative purposes only. Customer understands that a product may vary slightly from the images on the Site, as the display of colors by an electronic device may not accurately reflect the color of the product ordered. Furthermore, the product images reproduced in the "Product Sheet" available on the Site are intended for illustrative purposes only; these are not to scale and may differ in size or in relation to any accessories. For the purposes of the Contract (as defined in Article 4.2), the description of the product contained in the order form submitted by the Customer shall prevail.
- Order confirmation and conclusion of the sales contract
4.2 The order procedure is complete when, following the selection of the "Purchase" option and, also, the receipt by Antonio Riva Milano of the purchase price, an order confirmation containing the order number, the identification number of the payment transaction and the details of the purchase (the "Contract") is sent to the registered Customer's e-mail address. If, for any reason, the Customer fails to complete the purchase, the Contract will be automatically terminated, and the Customer will be notified that the order has been cancelled.
4.3 Without prejudice to the Customer's rights - as a consumer - provided by applicable law, if Antonio Riva Milano is unable to accept or fulfill an order for any reason (for example, because the product is out of stock, due to unforeseen limitations related to the supply of resources, which could not have been reasonably planned, or because Antonio Riva Milano has exercised its right to limit the quantity or type of products sold on the Site), the Customer will be informed by e-mail and will not be charged for the product. If the product has already been paid for, Antonio Riva Milano will refund this amount as soon as possible, in any case within 14 working days from the date of termination of the Contract.
The refunded amount, which will be communicated via e-mail, will be equal to the price paid for the products and credited to the same payment method used for the purchase. Antonio Riva Milano is not responsible for any delay in crediting caused by bank, credit card or other processing times.
4.4 Antonio Riva Milano reserves the right to limit the quantity or type of products on the Site at any time.
- Prices, shipping and delivery
5.1 All product prices are quoted in Euros (€) and are inclusive of any applicable taxes in connection with the sale, such as the Value Added Tax ("VAT"), only for Customers residing in Italy and in other European Union countries,. Products prices for Extra-European Union Customers do not include taxes and the other charges indicated in Article 5.2 below. In this regard, any price increases due to exchange rate and/or currency conversion fees set by the international circuit shall be borne solely by the Customer.
5.2 For countries outside European Union please note that prices applied to products do not include local customs duties, import taxes, duties and/or customs brokerage fees, which must be paid by the Customer as the recipient of the order. Therefore, any potential custom clearance procedure applicable to non-EU resident Customers shall be carried out by the Customers themselves at their own costs and expenses.
5.3 Product prices (including VAT only for EU countries) and any shipping costs will be indicated on the order page when the order is placed, as well as in the order confirmation e-mail. Please note that prices shown at checkout for countries outside European Union do not include taxes, customs duties, import fees, and customs brokerage fees.
5.4 Antonio Riva Milano reserves the right to change the price of the products at any time, without prior notice; the price charged to the Customer, however, will be the price indicated on the product description page containing the main characteristics of the product ("Product Sheet") at the time of the order.
5.5 Orders will be processed and/or shipped Monday through Friday from 9:30 am to 5:30 pm. Orders placed on weekends will be processed starting the next business day.
5.6 Antonio Riva Milano delivers to Italy and to the following European Union countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden and Hungary. Antonio Riva Milano also delivers to the Principality of Monaco, St. Martin and the United Kingdom.
5.7 Delivery times are expressed in working days, which shall be understood to include Monday through Friday (inclusive), with the exception of Saturday, Sunday and public holidays pursuant to the Law no. 260/1949, as subsequently amended and supplemented.
5.8 Standard deliveries to Italy have delivery times estimated between 1 and 2 business days; shipping costs for deliveries to European Union countries outside Italy and Switzerland start at €25.00, with delivery times estimated between 3 and 4 business days; shipping costs for deliveries to countries outside the European Union start at €30.00, with delivery times estimated between 4 and 5 business days. It is understood that the shipping and delivery times are indicative only and that the products will be delivered, at the latest, within 30 days after the completion of the Contract.
5.9 At the time of shipment of the products, Antonio Riva Milano will provide the Customer, via e-mail, with the shipping information and data necessary for tracking the package.
5.10 Antonio Riva Milano undertakes to ship orders as soon as it receives full payment, including shipping charges, for the products. However, Antonio Riva Milano is not responsible for delays beyond its control.
For this reason, Antonio Riva Milano assumes no responsibility for any interruptions in service due to force majeure (such as accidents, explosions, fires, strikes and/or strikers, earthquakes, floods and other similar events) that prevent, in whole or in part, the execution of the Contract within the scheduled time. Antonio Riva Milano shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the failure to execute the Contract due to the aforementioned causes; in the event of a delay of more than 30 days, the Customer may contact Customer Service to terminate the Contract and receive a (only) refund of the products paid and not received. Likewise, Antonio Riva Milano is not responsible for any fraudulent or illegal use that may be made by third parties of the means of payment (e.g., credit cards, checks and other means of payment) used for the products purchased.
5.11 Although it is always Antonio Riva Milano's goal to ship orders promptly upon confirmation, due to large order volumes and/or logistical constraints, shipping and/or delivery times may be delayed during sales and/or promotional periods as well as holidays. Such delays are understood to be totally beyond the control of Antonio Riva Milano and, as such, exempt from any liability. In the event of a delay of more than 30 days, the Customer may contact Customer Service to terminate the Contract and receive a refund (only) for products paid for and not received.
5.12 Customers must check the products upon delivery to ensure that they match those ordered. Upon delivery, the Customer is required to check the condition of the packaging and whether the correct number of packages has been delivered. Any questions or complaints about the products should be sent to Antonio Riva Milano Customer Service, at the e-mail address firstname.lastname@example.org, in accordance with these General Terms and Conditions of Sale. Any missing items will be reordered, while, in accordance with the GTC, damaged/damaged items will be returned and/or replaced and delivered free of charge.
- Payment Methods.
The Site accepts payments made by Maestro, Mastercard, Visa, PayPal, American Express, Apple Pay and Google Pay.
- Order cancellation and right of withdrawal
Customers may cancel their order at any time before receiving confirmation of product shipment. To cancel an order, send an e-mail to the address indicated in Article 10. Upon receipt of the request, Antonio Riva Milano will cancel the order and refund the amount paid within 14 days from the date of receipt of the request.
- Right of Withdrawal
8.1 As a consumer, the Customer has the right to withdraw from the Contract, for any reason (including because he or she has changed his or her mind), within 14 days of receipt of the product. This right does not apply to customized orders or custom-made products, such as products bearing the Customer's initials or any other type of customization.
8.2 To exercise the right of withdrawal, the Customer must send a withdrawal and refund request - with the order confirmation number, details of what was purchased and the date the order was sent/received - to the e-mail address: email@example.com. Once the request has been received, Antonio Riva Milano will check its validity and inform the Customer, by e-mail, of acceptance (where applicable).
8.3 Customers who exercise the right of withdrawal must return the products within 14 days of submitting the request for withdrawal and refund to Customer Service. Returns must be sent following the instructions provided by Customer Service. The deadline is considered met if the products are returned before the 14-day period expires. Shipping costs for the return of unwanted items are the responsibility of the Customer.
8.4 The products must be returned (i) properly packaged, in the same state as they were received in their original packaging and with all other accessories provided (dust bags, hangers, garment covers, etc. ); (ii) intact, with no obvious signs of use, not ruined, damaged, altered, marked or soiled; (iii) with all tags and labels; (iv) with any seals still attached; and (v) accompanied by the original shipping document (which is in the original packaging and indicates the order number and Customer's first name, last name and address).
8.5 After the return of the products, Antonio Riva Milano will verify their compliance with the conditions and terms set forth in this section. For products that comply with the provisions of Article 8.4, Antonio Riva Milano will refund the price paid (including standard shipping costs) - as soon as possible and in any case within 14 days from the day on which the Customer has informed us of his decision to withdraw from the Contract - by crediting the amount due through the payment method used at the time of purchase. Although it is possible to receive a refund by presenting proof of shipment, Antonio Riva Milano reserves the right to withhold the refund until it has received the products. Please note that only standard shipping charges will be refunded, regardless of the delivery method chosen at the time of purchase.
8.6 In addition to the return shipping costs, the Customer is responsible for any decrease in the value of the products purchased on the Site resulting from the use of the products other than what is necessary to verify their nature, characteristics and operation. In case of exercise of the right of withdrawal, Antonio Riva Milano has the right not to accept the return and/or not to refund in full the sums paid for products without their tags or that have been altered or damaged. In this case, within 10 working days of receipt of the product(s), the Customer will be notified of the situation and the resulting reduced amount of the refund. In the event that the returned product is non-compliant with the provisions of Article 8.4, Antonio Riva Milano reserves the right to not make any refund and, in such event, the Customer may choose whether to have returned the purchased products by incurring all the related shipping costs. In the event the Customer declines the return, Antonio Riva Milano shall have the right to retain all the non-compliant products, as well as the corresponding amount of the purchasing price for the products themselves.
8.7 The right of withdrawal cannot be exercised after 14 days from the delivery of the products to the Customer. If the Customer withdraws from the Contract without having the right to do so, the products delivered to the premises of Antonio Riva Milano will remain in the store until they are collected by the Customer. Within 10 working days of receipt of the product(s), the Customer will be informed by e-mail of the relevant condition.
Please note that Antonio Riva Milano is not responsible for the safekeeping of these items and collection (including any charges) is the sole responsibility of the Customer. It remains further understood that Antonio Riva Milano shall not be liable for any products returned in error and/or for other items forgotten within the packages and inside the returned products.
8.8 Refunds will be made using the same payment method used for the purchase, unless otherwise expressly agreed between Antonio Riva Milano and the Customer.
8.9 Products cannot be exchanged. If a product does not fit and you require a different size, you must return the product, according to the procedure described above, and place a new order for the different size.
- Warranty of Compliance
9.1 Pursuant to Article 128 et seq. of the Italian Consumer Code, Antonio Riva Milano is obliged to supply products that conform to the contract and these GTC and are suitable for their intended use. If the product is defective (pursuant to paragraph 9.2 below) and such lack of conformity becomes apparent within 2 years as from its delivery, in order to benefit from the remedies provided by law, the Customer must notify Antonio Riva Milano of the condition within the said 2 years term from the date of delivery of the product. These GTC shall in no way affect Customer's rights.
9.2 A product is defective when:
- it is not fit to perform the function for which goods of the same type are normally used;
- does not conform to the description provided by the seller and does not possess the characteristics that the seller has presented to the consumer as a sample or model;
- does not possess the characteristics and performance normal for goods of this type, which the consumer could reasonably expect, taking into account statements in advertising or labeling;
- is not suitable for the specific use desired by the consumer who informed the seller at the time the contract was concluded, resulting in the seller's acceptance of the situation.
9.3 Any questions or complaints about the products should be sent to Customer Service at firstname.lastname@example.org, in accordance with this section of these Terms and Conditions.
9.4 Defective and/or incorrect items will be repaired or replaced and delivered free of charge. Simply contact Customer Service describing the defect and providing proof of purchase of the item(s) and delivery dates. A copy of the invoice, shipping/delivery documents, credit card statement, for example, may be sufficient proof of purchase and delivery dates. Thereafter, Antonio Riva Milano will communicate with the Customer to arrange pickup/delivery of the product, taking into account the characteristics of the item and/or the reported defect. If the defect cannot be repaired or replaced, the Customer may request a partial or full refund.
9.5 In order to receive a full refund (including shipping costs), the Customer must return the item within 14 days of notification of the intention to return the damaged/defective item. The Customer will receive an email indicating the amount of the refunded amount, which will be credited to the payment method used for the purchase.
9.6 Antonio Riva Milano is not responsible for any damage resulting from (i) improper use of the product; (ii) use of the product not in accordance with the manufacturer's instructions, (ii) accident or force majeure.
- Customer Service
10.1 The Customer may contact Antonio Riva Milano Customer Service, operating Monday through Friday, from 9:30 a.m. to 5:30 p.m., at the e-mail address email@example.com.
10.2 Requests received outside the above hours will be processed as of the first following business day.
- Applicable law and jurisdiction - Alternative dispute resolution/online dispute resolution
11.1 These General Terms and Conditions of Sale and the Contracts concluded between Customers and Antonio Riva Milano are governed by Italian law, with particular reference to the Consumer Code (Legislative Decree September 6, 2005, no. 206) and the legislation on electronic commerce (Legislative Decree April 9, 2003, no. 70), without prejudice to any other legislation in force in the country of habitual residence of the Customer making the purchase. Any dispute shall be subject to the exclusive jurisdiction of the competent court of the place where the Customer is domiciled or resident or, at the Customer's choice, of the Italian Court of Milan.
11.2 In the event of disputes arising from these General Terms and Conditions of Sale between Antonio Riva Milano and European Customers, Antonio Riva Milano undertakes to attempt to reach an amicable solution through the ODR platform (http://ec.europa.eu/consumers/odr/), where the user-consumer can access a number of ADR entities through which to initiate the online dispute resolution process.
11.3 These General Terms and Conditions of Sale, together with the information provided pursuant to Article 49 of the Consumer Code, before the Customer is bound by the Contract, represent the entirety of the agreements between Antonio Riva Milano and Customers with reference to contracts concluded through the Site.