General Terms and Conditions of Sale

INTRODUCTION

ShoppingDONNA pays attention to user’s needs and expectations, making them satisfied with the purchases made through the portal.

For that reason, these Terms and Conditions of Sale give an adequate information about all the aspects that regulate the purchase of the goods online, in accordance with the article 206 of Legislative Decree of 6/9/2005 (“The Consumer Code”). This article has been modified by the article n. 21 of the Legislative Decree of 21/2/2014, which put in effect the European legislation 2011/83/UE, which modified, in turn, the previous European legislations 93/13/CEE, 1999/44/CE abrogating the European legislations 85/577/CEE and 97/7/CE.

These General Terms and Conditions of Sale form an integral part of the purchase agreement of any Good, made through the portal www.shoppingdonna.it, and, sending a purchase order, the user involves their acceptance.

Therefore, when a user submits a purchase order through the site, he agrees with them and is legally obliged to respect the Terms and Conditions of Sale stated below.


1. DEFINITIONS

ShoppingDONNA S.r.l.: registered office in Via Cartesio, 2, 20124 Milan, the Registrar of Companies of Milan (with REA No. 1887381, CF and VAT No. 06355590966), owner of the domain name www.shoppingdonna.it and administrator of the e-commerce platform operating on the Site and accessible through the same.

Site: is the website www.shoppingdonna.it where the Platform operates.

Platform: is an e-commerce platform through which the Seller is technically qualified to sale Goods. The access to the platform is free for users.

The access to the platform is free for users.

Seller: It is a legal entity, independent third party compared to ShoppingDONNA s.r.l. and clearly identified in the Platform, offering the Customer the sale of Goods through the Platform. The Seller is therefore responsible for the proper sale of the Goods. The Seller states to own the Good on sale, as well as its conformity with current regulations. The Seller also states to comply with the necessary authorizations for the e-commerce..

Good: means the product or service sold by the Seller through the Platform.

Extra-large Good:means the Good with a weight greater than 70kg and/or voluminous (that is greater than 419 cm -2 x height + 2 x length).

Customer: is the natural person or legal entity, of age and registered that, sending a purchase order, buys the Goods from the Seller through the Platform www.shoppingdonna.it.
If the Customer is a "Consumer", as specified in Article 3 of the Consumer Code, is entitled to the rights of protection provided under said law.

Purchase order: is a purchase offer of a Good, submitted by the Customer to the Seller through the Site and the Platform, that the Seller can accept giving a proper communication to the Customer.

Contract: is a contract of sale that the Customer concludes directly with the Seller after the submission of the Order, the communication of acceptance and the payment.

Consumer Code: means the Legislative Decree n. 206, 6/9/2005.

General terms and conditions of sale: mean these contractual conditions, published on www.shoppingdonna.it, that the Customer can view and print at any time and that relate to the sale of Goods by the Seller.
Each purchase on www.shoppingdonna.it and the e-commence Platform, managed by ShoppingDonna S.r.l. and governed by this document, represent the distance selling according to the article 51 et seq of the Consumer Code.

Discount Code or Voucher : indicates a legal document that the Customer can bought through the Platform. It can be downloaded and saved in electronic format and/or printed; it has a unique identification number which gives Customer the right, for 90 (ninety) days, to buy Goods or services at the store, for an equivalent value.


2. PURCHAISING PROCESS

The purchasing process consists of the following steps:

2.1. Customer identification: the user must login on www.shoppingdonna.it by entering personal details (personal identification data, address and telephone and any other information required) and give to ShoppigDonna S.r.l. the consent to the processing of personal data and their communication to the Seller, the courier and third parties for the purposes stated in these terms and conditions of sale. Once registered, to proceed with the order, the user must insert the login information (username and password), which have been chosen during registration and fill out the order form related to the Good which has been chosen. .

2.2. Filling out order form: the Customer must read and fill out the electronic order form on www.shoppingdonna.it.

Before to confirm the order form, the user will indicate, in a clear way:

a) the detailed description of the Good sold through the Platform;

b) personal details and contacts of the Seller (in case of individual enterprise the contacts of the firm; in case of company: company name, address of the head office and/or the possible branch offices; contacts; email address; possible specific contact to which user can send any complaint);

c) quantity of items purchased;

d) price of the item (inclusive of all taxes);

e) delivery charges (and any additional costs). If the item is an extra-large Good, the delivery charges will be communicated to the Customer afterwards, in conformity of the procedure stated at the paragraph 2.8;

f) procedures, address and estimated delivery date, in any case not later than 30 (thirty) days from the signing date of the contract;

g) consent to have read and accepted the present General Terms and Conditions of Sale;

h) consent to have read and accepted conditions, procedures, costs and time of the returns and refunds policy (if applicable);

i) any request for the issue of commercial invoice;

l) total price of the order (inclusive of all taxes);

m) payment method chosen by the Customer among those proposed by the Site and foreseen by the Platform;

n) information on possible assistance services or any guarantee available, including the legal guarantee of the compliance of Good, if applicable;

o) information about the existence of the right to withdraw, including conditions, terms and procedures to exercise the right.

Once completed the Order form, the user can print it or save it in electronic format before sending.

2.3. Order form submission and method of payment: The Customer can submit the order form through the point and click function, or the "order and pay" button, or through any other action, which specifies that, the submission of the order form implies the payment, at his expense, of the Good.

The payment of the total price is the necessary condition so that the Contract has validity and the order is processed.

After the order submission and the payment, the Customer will receive, within the necessary time, an email confirming that the Seller received the payment and containing the order details.

Along with the email the Customer will receive a copy of the informative note about the personal data processing (that user can examine on the site www.shoppingdonna.it), the return and refund policy, if foreseen and, the tracking number useful to monitor the delivery of the Good through the courier.

The Customer can also choose to pick up the Good at the store (“store pick up” option), in that case, the tracking number will not be communicated and a different procedure will be followed, as described at the paragraph 4, listed below.

2.4. Order expiration date: the Contract between the Customer and the Seller ends when the Customer receives the communication of the Order acceptance and the Seller the payment.

2.5. Order archiving: The Order Form will be stored in the database of the Platform for the time necessary to its execution, as according to the law.

2.6. Denial of order processing and refund of price: The Seller may not process the order if the data entered by the Customer in the order form is incomplete or incorrect. In such case, the Customer will be informed, within the necessary time, about the failure of the order processing and the related reasons via e-mail. The Customer will receive a full refund of the amount paid according to time and methods prescribed in paragraph 8, listed below.

2.7. Unavailability of a Good: If the Good is no longer available, the order will be suspended and the Customer will be contacted by the Seller via email within 5 (five) working days after the order processing. The Seller can replace the Good with another one, with same features and value. The Customer in any case may decide to cancel the order and reject the proposal received by the Seller and, if he has already paid the Good, he will receive the total refund of the sum, according to time and methods stated at the paragraph 8, listed below.

2.8. Extra-large Good: In case of extra-large Good, the Order submitted by the Customer is considered a simple booking and it does not imply any payment. After the booking, he will receive, within the time necessary, an e-mail containing all the booking details with the indication that the Good has not been paid yet. After 5 working days, an e-mail will confirm the availability of the Extra-large Good, the details of the shipping charges, the total cost (included taxes) and the PayPal link or the bank details, the information about the courier and any additional costs. The Customer must pay within two working days from this second email, or the Order will be cancelled.

3. SHIPPING AND DELIVERY OF GOODS

3.1. Unless a different written agreement among Customer and Seller, this last one is obliged to deliver the Goods on time, and anyway no later than 30 (thirty) days from the signing of the contract; according to the art. 61 of the Consume Code.

Shipping and delivery costs, shall be paid by the Customer and vary depending on the weight and size of the item, the place of delivery and additional services selected, and the number of items purchased from each single Seller.

During the order processing and before its submission and conclusion, the total price and the delivery costs relating the Good will be clearly communicated to the Costumer, except for the extra-large Good, that follow the procedure described at the paragraph 2.8.

Exceptionally, if it is not possible to calculate the delivery costs in advance, the Customer will be informed before the submission and the conclusion of the Contract.

3.2. The Delivery of Good will be made by a courier or a third party company, which is completely independent from ShoppingDONNA s.r.l. and the Seller, that will be specified in the Site and in the Platform once the form has been filled out and before its submission together with the Shipping conditions applied. Any other different communication will be specified in the Order Confirmation. Once the Customer submits the Order, he expressly and fully accepts these conditions.

3.3.With the order confirmation the Customer will receive time and details of delivery, together with the tracking number which allow to check the status of order.
The Customer can monitor the Good:
1. Entering in the "MyArea" section;
2. Through the courier web site.

3.4. The Goods will be delivered throughout the Italian territory at the address specified by the Customer on the Order Form and abroad as provided for in article 3.8. which follows.

Please note that we do not deliver to PO Boxes or General Delivery (Poste Restante).

Deliveries are carried out from Monday to Friday (excepted Saturday, Sunday and public holidays) from 9.00 to 19.00. The courier will make up to 3 (three) delivery attempts. If the Customer will not be available at the first delivery attempt, the courier will leave a notice containing the indications to arrange a new delivery. If all the three attempts will fail, the package will be returned to the Seller. The Customer will have 30 days to collect the Good, at his expense, at the end of this term, the Seller can keep the Good and the Customer will not be refunded. When Good has been delivered, the Customer must verified if it is undamaged and in the case of imperfections, he must signal them both to ShoppingDonna S.r.l. and the Seller within 24 hours after having received the package.

3.5. The obligation to deliver ends when the Customer receives the Good or has its control. If the obligation to deliver is not completed within the terms described at the paragraph 3.1, the Costumer can ask to receive the Good within an extra time, according to the situation. If this extra time expires and the Good is not delivered, the Customer can cancel the Contract.

3.6. The Customer must not pay the above-mentioned extra time if:

a) the Seller refused to deliver the Good; or

b) it is essential the respect of the terms of delivery, considering the situation that accompanied the conclusion of the Contract; or

c) it is essential the respect of the delivery date as communicated by the Customer to the Seller, by a written communication.

3.7. If the Customer does not receive the Good within the terms stated at the paragraph 3.1, he has the right to cancel the Contract as well as the refund of all the payments.

3.8. If the Customer chooses to deliver the package abroad, he agrees to pay the custom duties, which are not automatically calculate on the price, therefore, if they are not expressly indicated, he must inquiry about any custom duties.


4. STORE PICK-UP

4.1. According to the procedure stated at the paragraph 2, the Customer has the opportunity to pick the Good up directly at the store, at his care and expenses, specifying this option it on the Order form.

4.2. The Customer, to pick up the Good, must go to the Seller's location and exhibit his identity card (or the document of the person who made the purchase) together with the Order Confirmation e-mail, within 30 (thirty) days from the date of receiving the Order.

4.3. In this case, the right to withdraw stated at the paragraph 7, listed below, has effect from the day that the Customer collects the Good or the day that he should have collected the Good, in accordance with the previous paragraph.

4.4. If the Customer will not pick up the Good within 30 (thirty) days from the date of the confirmation e-mail, the purchase will be cancelled and its availability will not be guaranteed.


5. SELLER GUARANTEES

5.1. The Seller is solely responsible for the execution of the sales contract concluded with the Customer.

5.2. The Seller is the owner of the Goods on sale and guarantees the authenticity and compliance with the information published on the Platform. Image, photos and colors of the item may not exactly correspond to the real ones, because the photos are for illustrative purposes only.

5.3. The Seller is responsible for the validity and compliance of Goods on sale with current regulations, both Italian and European.

5.4. The Seller declares to be in compliance of all the current regulations, related to permits for trade, also in electronic format, and distance sale.

The Seller, in case of faulty goods, will have to replace the item, within the time limits foreseen by the current regulations, with no additional costs for the Customer.


6. PRICE AND PAYMENT METHOD

6.1. The price of the Goods is always expressed in Euro and may be subject to change and update over time.
The sale price indicated on the Order Form is inclusive of all taxes. The total price of the order includes the shipping costs and any additional cost for services chosen by the Customer, opportunely specified.

6.2. If the Seller misstates the price and it is clearly ridiculous compared to the value of Good, the Seller can correct it before the delivery of Good. If Customer does not accept the correct price, the sale contract will be cancelled and Costumer will be refund.

6.3. Customer can choose one of the following payment methods: bank transfer (IBAN indicated in the Order Form); Credit card or prepaid (Visa or MasterCard); PayPal.

6.4. If the Customer chooses to pay by credit card or prepaid card, he is redirected to electronic payment system BNL POSITIVITY, of the BNP Paribas Group, within which he can enter the financial information necessary to process the payment (holder, card number and expiration date and security codes). Such information is never stored, not even temporary, on the ShoppingDONNA s.r.l. Platform and is used only to complete the purchase transaction or for reporting to the police in case of any fraud committed on the Platform.

6.5. If the Customer chooses to pay by PayPal, he is redirected to the electronic payment platform on the www.paypal.it site and from there he will enter the data necessary to complete transaction. Such information is never stored, even temporary, on the ShoppingDONNA s.r.l. Platform and is used to complete the purchase transaction or for reporting to the police in case of any fraud committed on the Platform.

6.6. In relation to the payment system chosen by the Customer neither ShoppingDONNA s.r.l. nor the Seller are responsible in case of inefficiency or temporary dysfunction of payment platforms as described at the above-mentioned paragraph 6.4 and 6.5.


7. RETURN POLICY CONDITIONS – DISCOUNT CODES OR VOUCHERS

7.1. If the Customer is a simple user, has the right to withdraw the item to the Seller, within 14 (fourteen) days from the delivery date and to have the refund of the amount, without penalty and without giving any justification.

7.2. In case of several Goods, that is goods ordered through a unique Order form but delivered separately, the terms sated at the paragraph 7.1 will take effect when the Customer (or another currier eventually designated by the Customer), will receive the Good.

7.3. The right to withdraw cannot be applied to the following cases:

- Audio-visual products, sealed software, once opened (including those attached to hardware);

- Custom-made or customize products;

- perishable products;

- medical supply products, medical device, nutritional supplements or dietetic products and / or drug products;

- sealed products that, once opened, cannot be returned for hygienic or healthy reasons (such as cosmetic products, perfumes, beauty creams, herbal products…);

- in the cases described at the art. 59 of the Consume Code or those that are not covered by the legislation stated at the art. 47 of the Consume Code;

Any limitation on the right to withdraw is highlighted in the order form when the Customer fills it out.

7.4. In order to rightly exercise the right to withdraw, the Customer must perform the following procedures, within the terms stated at the paragraph 7.1:

1) login to the Platform with the login information (username and password);

2) access to the reserved area of the order page and select the good he wants to return;

3) click on "Request Return" linked to the item he wants to return;

4) out all fields of the specific form and send it to the Seller through the platform;

5) select the "return an item" service (if the Customer does not want to provide with his own delivery company) and accept the shipping costs required to return the item (in this case the Customer will not pay nothing to the courier and the shipping costs will be deducted from the refund). If the price of the returned good is less than the shipping cost required to return the item, you cannot take advantage of the "return an item" service and the customer must provide with his own delivery company.

6) read and accept the Return Policy Conditions and exercise the right to withdraw ;

7) arrange the delivery of the Good taking care that the item is undamaged, complete with all accessories (including certificates of authenticity and warranty, instructions, cables, etc. ...) and in its original box and packaging, without damages, including labels and guarantee stamp, where present: items must not be used, worn, washed or damaged.
If the Customer chooses the service "return an item", he will receive instructions via email along with waybill to be printed and to be attached to the package.

8) choose one of the following refund methods:
a) credit card or prepaid card used for payment;
b) PayPal account used for payment;
c) bank transfer (in that case you must indicate the IBAN and the account holder who must be equivalent to the one who make the payment).

7.5.As an alternative to the standard procedure, foreseen at the paragraph 7.4, the Customer acting as user, can exercise his right to withdraw also at the following conditions:

a) sending to the Seller and in copy to ShoppingDonna S.r.l., two different registered letters within the terms stated at the paragraph 7.1 containing the return form, that can be downloaded from www.shoppingdonna.it and that complies with what is stated at the Attachment I, part B, of the Consume Code.

b) sending to the Seller and in copy to ShoppingDonna S.r.l., through two different registered letters and within the terms stated at the paragraph 7.1 a clear written declaration containing the wish to cancel the Contract.

7.6. The Seller shall notify the Customer within 5 (five) working days from the receipt of the returned Good, via e-mail, to accept the return of the item or the presence of anomalies in relation to these sale conditions.

7.7. If the right to withdraw complies with these terms and conditions the Seller will refund the Customer as stated at paragraph 8.

7.8. If methods and return policy conditions are not respected, the Customer will not be refund.

7.9. If Customer bought a Voucher he can exercise the right to withdraw within 14 (fourteen) days from the receiving of the order confirmation.

If Customer has not exercised the right to withdraw and the vouchers have not been used, he can ask the refund within 90 (ninety) days from the receiving of the order confirmation. He can also ask the substitution with another "voucher", which can be used to buy goods on www.shoppingdonna.it or with "credits", expendable on www.shoppingdonna.it for any purchase of goods/services present on the Platform.

If the Customer asks the substitution with a new "voucher", he must purchase a Good/Service going directly at the Seller's store within 90 (ninety) days from the substitution.

If the Customer asks the substitution with "credits" he must purchase on-line through the Site and the platform within 365 (three hundred and sixty-five) days from the substitution.

The substitution can be asked only one time through MyArea.

7.10. Unless the Seller offers to collect the Goods by himself, the Customer is obliged to return the Good on time, within 14 (fourteen) days from the date he communicate to the Seller to cancel the Contract. This term is respected if the Good is delivered before the end of 14 days.

Return Shipping Costs is always at the expense of the Customer.

7.11. In compliance with art. 58 of the Legislative Decree n. 206 (Consume Code), and except as foreseen for the consumer credit contracts, if the Consumer exercises the right to withdraw, any additional contracts are cancelled, without any costs for the Customer except those foreseen at the art. 56, paragraph 2 and art. 57 of the Consume Code.

8. REFUND METHOD

8.1. The Seller shall refund the amount paid (including the delivery costs) as quickly as possible and no later than 14 (fourteen) days from the date on which Seller receives the request to return goods, using the same payment system of Customer. If Customer chooses a different delivery way, more expensive than that one offered by the Seller and / or by the Platform, the extra costs will not be refund.

8.2. If the order has not been processed, the Seller will refund the Customer in the shortest time possible, and no later than 14 (fourteen) days from the date the Seller declared the unavailability of the Good, or received a refusal to accept the replacement of the Good with another having the same value and features.

8.3. In accordance of the art. N. 56, paragraph 3 of the Consume Code, the Seller will refund the amount paid when the Good is returned, or when the Customer proves that the Good has been sent.

9. MANDATE OF ShoppingDONNA S.r.l.

9.1. The Customer takes note and accepts that ShoppingDONNA S.r.l. is the technical intermediary between the Seller and the Customer using the functionality provided by the Platform.

9.2. The Customer expressly recognizes that ShoppingDONNA s.r.l. has no role in the sales contract and it never appears as the Seller.

9.3. The Customer expressly recognizes that ShoppingDONNA s.r.l. does not have any role in verifying the validity of the origin of the Good and its conformity to the current Italian and European law, as well as its compliance with the information given in its description that must exclusively filled out by the Seller.

9.4. The Customer is informed that the Seller has given ShoppingDONNA s.r.l. the authorization to collect the payment and to be the mediator in the payment transactions, therefore it is authorized to receive and validate the payments for the purchase of Goods.
Under the same mandate, ShoppingDONNA s.r.l. carries out refunds on behalf of the Seller, following his indication. The Seller is the only person enabled to validate the return policy, stated in the paragraph 8, the replacement and refund of Good, if unavailable.

9.5. The Seller has given ShoppingDONNA s.r.l. the mandate to manage activities related to logistics and delivery in case of Customer wants to exercise the right to withdraw goods.

9.6. Possible claims and complaints about faults or deformities of Goods must be directly address to the Seller.


10.APPLICABLE LAW AND COMPETENT COURT

10.1. Italian law governs the present General Conditions of Sale. In case of any dispute relating the interpretation, cancellation and execution of the Contract and the present General Conditions of Sale, where at least one Customer is involved, the territorial jurisdiction is assigned to a judge having the same residence of the Customer, if located in the Italian country.

Any other dispute is assigned to the Court of Milan.


11. MODIFICATION OF GENERAL CONDITIONS

11.1. . These Conditions of Sale are subject to modification over time and in line with any changes in legislation.

11.2. The new Conditions of Sale shall be effective from the date of publication on www.shoppingdonna.it.

12.VALIDITY OF THE PRESENT CONDITIONS

12.1. ShoppingDONNA s.r.l. does not guarantee that the contents present in this web site are proper or legal in the other countries.

12.2. If one or more of the present Conditions are invalid, null or ineffective, the other clauses will not be invalid, null or ineffective, but they remain valid and effective.


13. LANGUAGE

13.1. These General Conditions of Sale are expressed in Italian and translated in English.

13.2. In case of disputes, the Italian version will prevail.