/ 1. General conditions of purchase
This document (together with the documents mentioned therein) contains the conditions governing the use of this website (www.agarwud.com) and the purchase of the items contained therein (hereinafter the “Conditions”). Please read these Terms carefully before using this website. We inform you that the use of this website or the transmission of an order through it implies the acceptance of these Conditions and the Data Protection Policies. If you do not agree with all the Conditions and the Protection Policies of the Data, please do not use this website.
/ 2. Our data
The sale of products through this site is managed by Agarw-ud srl, with registered office in Via Galeazzo Alessi, 2 – 20123 Milan (MI), CF / VAT: 10587580969, e-mail address email@example.com, contact details available in the “contacts” section of this website www.agarwud.com.
/ 3. Your data and your access to our website
The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and / or data personal information provided to us are accurate and true.
/ 4. Use of our website
By using this website and / or placing orders through it, you agree to: (i) use the website only to carry out legally valid consultations or orders; (ii) not to place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and notify the competent authorities; (iii) provide us with your e-mail address, postal address and / or other contact details in a truthful and correct manner. Likewise, you consent to our use of using this information to get in touch with you (if necessary, please read the Information on the Protection of Personal Data). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age (aged 18 and over) and that you have the legal right to enter into binding contracts.
/ 5. Availability of the service
The items offered through this website are available for delivery on any territory. The related products may be delivered to the customer’s territory (or to the delivery address entered during the purchase) based on the shipping rates indicated at the time of purchase of the product / s.
/ 6. Procedure for finalizing the contract
The information referred to in these Conditions and the details contained on this website do not constitute an offer to the public, but an invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount will be refunded in its entirety.
To place an order, you must follow the online purchase process and click on “Authorize payment”. Subsequently, you will receive an e-mail confirming the receipt of your order (the “Order Confirmation”). It is understood that this will not result in the acceptance of your order as it constitutes an offer that you make in the against us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by sending an e-mail confirming that the order is being shipped (the “Confirmation of Shipment”). The details of the order will be summarized in the electronic receipt attached to the Shipping Confirmation. The contract for the purchase of a product between us and you (the “Contract”) will be concluded only when we send you the Shipping Confirmation.
Only the products indicated in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other product that has not been ordered until it is confirmed to you in the Shipping Confirmation that such product has been shipped.
/ 7. Product availability
All product orders are subject to their availability. In this sense, in the event of supply problems, we will reimburse you for any amounts already paid by you.
/ 8. Refusal to process the order
We reserve the right to remove any product from this website at any time and / or to delete or modify any material or content therein. Although we will always do our best to process all orders, there may be exceptional circumstances that force us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time.
We decline any responsibility towards you or towards third parties for the removal of any product from this website, for the deletion or modification of any material or content of the website, or for the failure to process the order after sending of the Order Confirmation.
/ 9. Delivery
Considering the provisions of the previous article 7 and except for extraordinary circumstances, we undertake to do everything possible to send the order of the product (s) indicated in the relevant Shipment Confirmation by the date indicated in this Shipment Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation.
However, delays may occur for various reasons such as product customization, the occurrence of unforeseen circumstances or the delivery area.
If for any reason we are unable to meet the delivery terms, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the entire
amount paid. Please note that no home deliveries are made on Saturdays and Sundays.
For the purposes referred to in these Conditions, the “delivery” will be deemed to have taken place or the order “delivered” through the acquisition, by you or a third party indicated by you, of the material availability or in
any case of the control of the products, which will be proven by signing the receipt of the order at the agreed shipping address.
/9.1 CUSTOMS / FOREIGN SHIPMENTS
The cost of customs duties for importing products into your country is charged to the consumer as well as any other taxes reserved for your country of origin or destination of the shipment.
/ 10. Impossibility of delivery
If it is not possible for us to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to the warehouse of the courier in charge. In this case, we will leave you a notice in which the place where your order is located and how to arrange a new delivery will be specified.
/ 11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will pass to you from the moment of their shipment.
You will acquire ownership of the products as soon as we have received full payment of all amounts due in respect of the products, including shipping costs.
/ 12. PRICE AND PAYMENT
The price of the products will be that indicated from time to time on our website, except where there is an obvious error. While we make every effort to ensure that all prices appearing on the site are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the right amount or canceling it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded.
We will not be obliged to supply you with the product (s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price was obvious and unambiguous and therefore if it were possible for you to reasonably identify it as incorrect.
The website prices exclude shipping costs, which are to be added to the total amount to be paid, as indicated at the time of purchase.
Prices are subject to change at any time; however (except where previously established) the possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have selected the items you intend to purchase, these items will be added to your cart and the next step will involve completing the order and paying. To this end, you must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process, requesting the issuance of the invoice, if desired. Furthermore, you can change the details of your order at any time of the purchase process before payment. Furthermore, if you are a registered user, a list of all your orders will be available in the reserved area.
/ 12.1 Payment
You can pay by credit card, cash on delivery or with the PayPal service. We inform you that payments are made through the e-commerce platform www.agarwud.com, as well as, where appropriate, refunds in your favor, will be managed, on our behalf, by the aforementioned site managed by AGARW-UD SRL.
By clicking on “Authorize Payment” you will confirm that the credit card is your property. Credit cards will be subject to verification and authorization by the issuer of the same, but if this entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to conclude any Contract with you. Please remember that the order will be binding according to the procedures for completing the Contract referred to in these Conditions. Electronic payment can be made via Visa, Mastercard or Maestro credit cards and the provisions described above regarding validation checks and card authorization will apply.
13. VAT (VALUE ADDED TAX)
14.1 Right of withdrawal by law If you are contracting as a consumer, you will have the right to withdraw from the contract within a period of 14 days.
The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order or Mixed Orders and delivered separately, ends after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last good.
To exercise the right of withdrawal, you are required to inform us, by sending an e-mail to firstname.lastname@example.org (or through the dedicated section in your reserved area), of your decision to withdraw from the Contract through an explicit declaration. To meet the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from the Agreement, you will be reimbursed for all payments you have made to us, excluding delivery costs and additional costs arising from the processing of the return, without undue delay and in any case no later than 14 days from the day on which we will have been informed of your decision to withdraw from the Agreement. These refunds will be made using the same payment method you used for the initial transaction, or at the seller’s discretion, by bank transfer to the coordinates indicated at the time of acceptance of the return. In any case, you will not have to incur any costs as a consequence of this reimbursement, except for the shipping costs of the products for which the return is requested. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
Please send back the goods without undue delay and, in any case, within 14 days from the day you notify us of your withdrawal from the Contract. The deadline is met if you send back the goods before the 14-day period has expired.
The direct costs of returning the goods will be at your expense.
You are only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
14.2 Common provisions
You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:
1. goods made to measure or personalized;
2. items which, by their nature, cannot be returned or which risk deteriorating or expiring rapidly;
3. sealed goods which cannot be returned for hygienic reasons and which have been opened after delivery (by way of example but not limited to: bed linen, bath linen, kitchen linen, etc.);
4. goods without the original AGARW-UD SRL sales tag.
Your right of withdrawal from the Contract will be applied exclusively to those products returned in the same conditions in which you received them. No refund will be made, regardless of the return options you have chosen, if:
i) the package received contains an incorrect item and / or different from the product ordered or to be returned,
ii) the product has been used in addition to the simple opening and shows signs of wear and
iii) the products are not in the same condition in which they were delivered or have been washed, damaged, or subjected to improper treatment by the customer.
We remind you that in the event of a return, you are responsible for the content of the package being returned. We therefore invite you to pay attention in the return operations and to take care of the products as long as they are in your availability and possession. It is necessary to return the item using or including in the package the original packaging, trademarks, labels, tags, instructions and other documents, if any, that accompany the products.
In the case referred to in letter i) above, that is, in the event of an error in the contents of the package returned by you, we will be authorized to charge you the transport costs in the event that it is possible to manage and return the package received to your attention.
Returns by freight forwarder / courier.
Please note that if you decide to return the products with the “cash on delivery” method, we will be authorized to charge you the related costs.
After evaluating the condition of the item, we will inform you if you are entitled to a refund of the amount paid.
Shipping costs will be reimbursed if the right of withdrawal is exercised within the deadline and all products subject to the same delivery are returned. The refund will be made as soon as possible and in any case within 14 days from the date on which you made known your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier. The refund will be made, at the seller’s discretion, always by bank transfer or via the payment method used to make the purchase.
You will be responsible for the costs and risks of returning the products, as indicated above.
14.3 RETURN OF DEFECTIVE PRODUCTS
In the event that you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us at email@example.com, indicating the product data as well as the damage suffered.
You will need to return the product to the following address:
Via Galeazzo Alessi, 2
20123, Milan (MI)
We will carefully examine the returned product and notify you by e-mail, within a reasonable time, whether we will proceed with the refund or replacement of the product (as applicable). The refund and / or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending an e-mail with which we will confirm that we will proceed with the refund or replacement of the unsuitable item.
The amount paid for the products that will be returned due to damage or defect, if they really exist, will be refunded in full, including the delivery costs incurred for sending the item and for the return on your part. The refund will be made using the payment method used to make the purchase.
All rights recognized by current legislation remain unattected.
15. LIABILITY AND DISCLAIMER
Unless otherwise provided for in these Conditions, our liability for the products purchased on our website will be limited solely to the purchase price of the product in question.
Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:
a) Cases of death or personal damage resulting from our negligence;
b) Cases of fraud or fraudulent activity; or
c) Any circumstance in which it is illegal or unlawful for us to exclude, limit or tr y to limit or exclude our liability.
Without prejudice to the provisions of the previous paragraph and to the extent permitted by current legislation, and except where otherwise provided for in these Conditions, we will not accept any liabilit y for indirect damages, such as: the.
i. loss of profit;
ii. loss of business volume;
iii. loss of earnings or loss of contracts;
iv. loss of anticipated savings;
v. data loss;
as well as you waste of office administration time.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of any information transmitted or obtained through this website, unless expressly stated otherwise.
All product descriptions, information and materials appearing on the website are provided “as is” and without express or implied warranties, except for those which are mandatory under the law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Agreement if they (i) comply with the description provided by us and possess the qualities presented on this website, (ii) are suitable for the use for which the products are normally intended, (iii) exhibit qualities and characteristics which are normal in products of the same type and which can reasonably be expected. Within the limits established by law, we exclude all guarantees,except for those that cannot be legitimately excluded from consumers and users.
Our products, especially those made by hand, have the natural characteristics of the materials used in manufacturing. Natural characteristics such as grain, sur face texture, knots or color variation should not be construed as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be foreseen and appreciated. We only select products of the highest quality, but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product.
These provisions do not in any way limit the rights recognized to consumers by current legislation or your rights to terminate the Contract.
16. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights on the materials or content presented as an integral par t of the website are our property and those who have licensed us for their use. You may use such material only in the manner for which you will receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACK RISKS
You must avoid any improper use of this site as well as avoid the introduction of viruses, Troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. If without authorization, you will not have to access the website or the server where it is hosted or other servers, computers or databases relating to our website. You undertakes not to carry out DoS attacks against this website.
Failure to comply with this clause could lead to violations defined by the relevant legislation. In case of non-compliance with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of non-compliance with this Ar ticle, your authorization to use the website will be immediately withdrawn. Taking into account that this e -commerce is managed directly by AGARW-UD SRL and that only the latter can be given any responsibility for the management of the data contained therein, we decline all responsibility in the event of any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, computer equipment, data or materials as a result of the use of our website or the download of content from it or that redirect the user to it.
18. LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials of third parties, these links will be provided for information only, without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility in the event of any damage or loss resulting from their use.
19. WRITTEN COMMUNICATIONS
The applicable legislation provides that par t of the information or communications that we will send you must be in written form. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by preparing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we will provide to you electronically will comply with the legal requirement that such communications be in written form. This provision does not in any way limit the rights recognized by current legislation.
All communications addressed to us must be sent preferably using the email address firstname.lastname@example.org. Except as specified in Article 19, we reserve the right to send you any communications by e -mail or by post to the address provided to us at the time of placing the order.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as our respective successors and successors in title.
You are prohibited from transferring or assigning in any way the Agreement, or any of the rights or obligations arising therefrom, without our prior written consent. We will have the faculty to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving from it. I t is expressly understood that any transfer, assignment, subcontracting or other acts of disposition of the Contract will have no impact on the rights you are entitled to as a consumer or will cease, reduce or limit in any way any of the guarantees or responsibilities offered by us, explicitly or implicitly.
22. FORCE MAJEURE
We will not be liable in any way for breaches or delays in the performance of any of the obligations under the Agreement caused by events which are beyond our reasonable control (“Force Majeure Events”).
For Force Majeure Events we mean any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to what is specified below:
1. Strikes, lockouts or other trade union unrest.
2. Riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or maritime, postal or other relevant means of transport accident.
It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, we will strive to find a solution by which to comply with our contractual obligations.
If we fail, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or
any of the obligations provided for by these General Conditions, or if we fail to exercise any of the rights or
actions to which we are entitled under the Contract or these General Conditions, this will not constitute a
waiver of such rights or actions and will not release you from the fulfillment of the related obligations.
Our possible tolerance in the face of your non-fulfillment will not constitute any waiver to react in the face of a subsequent non-fulfillment.
No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of the previous articles 19 and 20.
24. PARTIAL NULLITY
If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be judged invalid, illegal or unenforceable by the competent authority, this article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
25. INTEGRITY OF THE CONTRACT
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject matter of the Agreement and replace any previous agreement, understanding or pact between us, whether oral or written.
Both you and we acknowledge that, in entering into the Agreement, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations preceding the Agreement, but only on what expressly stated in these Conditions.
Both you and we will have the right to remedy any false statements made by the other party, either orally or in writing, prior to the date of each Agreement (unless such false statement has been made maliciously) and the only actions that the the other party may undertake will be for breach of the Agreement, as provided for in these Conditions.
26. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to revise and change these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or the Data Protection Policies must be made by law or at the request of a government authority (in which case it will also apply for orders already sent to us).
27. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website are governed by Italian law.
For any dispute arising from or relating to the use of the website or such contracts, the judge of the place of residence or domicile of the consumer will be competent.
If you are entering into the Agreement as a consumer, this clause does not in any way affect the rights that the law recognizes you as a consumer.
28. COMMENTS AND SUGGESTIONS
If as a consumer you believe that your rights have been infringed, you can address your grievances to us via the email address email@example.com in order to solicit an out-of-court settlement of disputes.
If the acquisition between you and us took place online through our web page, in accordance with EU Regulation No 524/2013, we inform you that you have the right to request an out-of-court resolution of consumer disputes through the site: http://ec.europa.eu/consumers/odr/.
/ Customer service
Agarw-ūd likes to take care of its customers, we are at your disposal for any kind of question or additional information. You can contact us by e-mail at firstname.lastname@example.org and we will reply within five working days of sending your request.
If you wish to have information on the traceability of your order, communicate any difficulties with the purchase or return of a product, you can write an email to email@example.com our team will solve any problem you encountered in the most appropriate way as quick as possible.
Our offices are operational from Monday to Friday from 9:00 to 12:00 and from 14:00 to 18:00.
After selecting your favorite products, fill in, step by step, the information required by our online shop for billing and shipping and make the payment.
After making the purchase, you will receive a confirmation e-mail to the address you provided during the purchase, as soon as your order is shipped you will receive a second e-mail containing the tracking number. If you have not received the confirmation email, write to firstname.lastname@example.org or call + 39 02 8347 4963 during the office hours mentioned above.
/ Exchanges and Returns
You can make an exchange or a return within 14 days of delivery of the product which must necessarily be in the condition in which it was delivered.
Let’s see these conditions together:
• The product has not been worn for a long time, then used, except for checking the size.
To ensure this condition, we advise you not to detach the tags from the garment and not to remove any protective casing from the buttons present.
• It must not have undergone any type of cleaning (not even professional washing).
• It must not have been damaged or modified according to customer requirements.
• The product must be returned in its original packaging (exactly as it appears on arrival).
• Must present inside the envelope containing the guarantee of authenticity.
For the return, you have 14 days from delivery of the product to contact Customer Service to open any return or exchange procedure.
/ You can arrange for the courier to collect your order by contacting Customer Service by email at email@example.com or through the personal area within the site. Our collaborators will arrange a collection at the address provided within 24 hours of the approval of your request.
In case of return we ask the courtesy to specify the reasons and, if possible, to attach photographic documentation useful to speed up your practice.
The value of the goods previously purchased will be refunded excluding shipping costs and any other costs (see points 18.104.22.168.).
/ As for exchanges, however, simply specify the new desired size at the address firstname.lastname@example.org
The costs and risks associated with returning the products are charged to the customer. As points 22.214.171.124.