Terms and conditions
1. Premises
1.1 The following provisions are aimed at regulating the relationship between Room 401 by 159 srl (hereinafter also the “Seller” or “Manager” ) and the natural person customer (hereinafter also the “Customer” or “Consumer” ) who places the order purchase on the website www.room401.it (hereinafter also the “Site” ).
1.2 These General Conditions for purchases on the Site (hereinafter also “Conditions” ) shall be understood as integrated by the provisions contained in the Information on Cookies (hereinafter also “Cookies Policy”) and in the information regarding the protection of personal data (hereinafter also “Privacy Policy” ).
1.3 These Conditions may vary over time. For this reason it will be the obligation and duty of the Customer interested in purchasing goods on the Site (hereinafter also “Products”) to carefully read the conditions of sale present on the same before making any purchase, or any operation and activity permitted therein.
1.4 In the event that the Customer interested in purchasing does not agree with some or all of the following conditions of sale, or in the event of particular requests to be addressed to the Seller, he can contact the latter by email at claudiamagnabosco4190@gmail.com. In this way, the most appropriate sales methods for the individual case can be agreed. Otherwise, i.e. if the Customer does not intend to contact the seller for the purposes indicated above, he is invited not to proceed with the order and to refrain from using the functions of the Site
2. Definitions
Unless otherwise provided by express agreement of the Parties, the following terms and expressions will have the following meaning:
a) “159 srl”: refers to the legal entity that owns the site and seller of the products that can be purchased on the room401.it site , i.e. the company 159 srl, in the person of its pro tempore legal representative, with registered office in Via Morgagni n. 4/A, chap. 37135, Verona, Italy, VAT no. 04841610233, registered in the Business Register of the Chamber of Commerce of VERONA, registered with the REA n. VR-450308
Certified email: 1 59sas@pec.it; email: info@room401.it ; telephone (+39) 3457943090 landline (+39) 0458781321; authorized for the online sale of _______________ (indicate the products) provision Prot. n. _______/____ of __/__/____/ issued by __________ (indicate the authority that issued the order).
b) “Site” or “Website”: the site reachable at the URL room401.it , exclusively owned and entirely managed by 159 srl
c) “Consumer” or “Customer” or “Consumer customer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out and who concludes for himself personally or for other natural persons, only upon express consent of these, purchase contract of the products sold by 159 srl through the room401.it website
d) “Professional” or “Professional customer” or “Professional customer”: the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary, and who concludes a contract for the purchase of products sold by 159 srl through the room401.it website for commercial and/or entrepreneurial purposes and/or in the context of any other method, purpose, purpose, reason which makes them assume a figure incompatible with that of consumer. In these cases, the conditions applicable to the sale of the products that can be purchased on the website www.room401.it must be specifically agreed with the company 159 srl through a specific contract.
e) “Parties”: 159 srl and the Customer.
f) “Product” or “Good”: each good made available for purchase through the room401.it website . The availability of each product may change without notice. Each product that can be purchased through the site www.room401.it meets all quality standards, as well as the highest of them, necessary according to Italian law for sale.
g) “Working days” and “working hours”: Monday to Friday, excluding national holidays, with working hours from 09:00 to 18:00.
h) “General conditions” or “Conditions”: these General Conditions for the purchase on the room401.it website and which regulate the relationship between 159 srl and the Consumer customer.
i) “Contract”: consists of these General Conditions and the Order Confirmation. In case of discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation will prevail.
l) “Order Confirmation” and “Order”: Order Confirmation means the summary communication of the order requested by the Customer certifying the successful conclusion of the contract which 159 srl sends to the email address indicated by the Customer in the form of purchase. By Order, on the other hand, we mean the offer to purchase one or more goods contained in the “Cart section” of the website and forwarded by the Customer to the Seller which the latter can accept with the “Order confirmation”.
m) “Platform”: means the platform through which 159 srl carries out sales operations, and more generally electronic commerce, of its products and goods on the room401.it website . The platform is accessible free of charge to all visitors. Except for the unquestionable right of 159 srl to grant special prices, discounts and/or promotions through private negotiation, the purchase through the platform will not have any difference in cost compared to the conclusion of the contract with alternative methods to the one in question.
n) “Coupon” or “Promotional Code”: means a unique identification code that the Customer in possession can enter before purchasing in the space in the Cart section to take advantage of the discounts and/or promotions connected to it.
3. Contacts
3.1 The contact details of the Manager, as well as the site owner and seller of the products that can be purchased on the site www.room401.it , are as follows: 159 srl, in the person of its pro tempore legal representative, with registered office in Via Morgagni n. 4/A, chap. 37135, Verona, Italy, VAT no. 04841610233 registered in the Business Register of the Chamber of Commerce of VERONA, registration with the REA n. VR-450308
Certified email: 159sas@pec.it; email: info@room401.it ; telephone (+39) 3457943090.
3.2 In the event of reports and/or disputes and/or requests and/or clarifications and/or communications of any kind, the user of the site must use the aforementioned references, or the references that will be contained in this web page at the time of forwarding of reports and/or disputes and/or requests and/or clarifications and/or communications of any kind.
3.3 It should be noted that, in relation to its role assumed pursuant to and in accordance with the legislation on the processing of personal data (EU Reg. 679/16), the company 159 srl refers to the privacy policy.
4. Object of the contract
4.1 These General Conditions, available in a format that allows the Customer to reproduce and memorize them, as required by art. 12, Legislative Decree 9 April 2003 n. 70, govern and regulate the distance selling of products purchased by the Consumer through the website www.room401.it .
4.2 Parties to the contract are the Seller, as identified in the previous art. 2.1, and the Consumer customer, identified through the personal data entered at the time of registration on the Site or of the purchase, using the appropriate form in the “My account” section , or at the time of entering the billing data if the purchase method “buy now”. These data are shown in the Order Confirmation sent by the Seller to the e-mail address indicated by the same.
4.3 The contract stipulated between the Seller and the Customer is a distance contract pursuant to art. 45, letter g), of the Consumer Code, the content of which, methods of conclusion and execution, will be governed in compliance with the aforementioned legislation.
5. General rules of use of the Room 401 online store
5.1 The language available to the Customer to conclude the contract through the Site is Italian.
5.2 These General Conditions are drawn up in Italian and are applicable only to contracts concluded through the Site by Customers who reside and indicate a delivery address in the Italian territory, or in the Republic of San Marino and the Vatican City.
5.3 The Site can be accessed from anywhere in the world. However, it is not possible to complete the purchase in case of delivery address outside the Italian territory.
5.4 The purchase of the Products is intended exclusively for subjects qualifying as consumers or only natural persons who act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity they may carry out. These General Conditions, therefore, do not apply to contracts concluded with Professional customers, whose sale will be subject to private negotiation. If this does not happen, and therefore the Professional nevertheless forwards the order request in a different and incompatible capacity with that of the Consumer, the rules for the protection of the Consumer customer will in no case be applicable to the sale made in his favor and the invoice will not may report the VAT number of the same Professional but only his tax code.
5.5 The purchase of the products on the Site is permitted only to persons who are at least 18 years of age, who must, under penalty of being unable to proceed with the order, expressly accept this condition before entering the website.
6. The Products and placing the order
6.1 Orders are placed through the website www.room401.it
6.2 The Products in the online store are specifically described. The website contains information on the characteristics of the products, their prices and the materials with which they were made.
6.3 When ordering a product, the Customer must specifically select the product, defining in particular the size, color and, if necessary, providing other specific information and the quantity of products ordered.
6.4 The photographic contents present on the Site have the sole purpose of presenting the Products for sale. Since the chromatic aspects may not represent the real product with absolute fidelity, also due to the effect of the browser or monitor used by the Customer, the Seller, limited to these aspects, does not guarantee the absolute coincidence between the image on the Site and the product real.
6.5 The presentation of the Products on the Site does not in any case constitute an offer to the public but only an invitation to the Customer to formulate a contractual purchase proposal.
7. Product purchase procedure
7.1 Once the Customer chooses a product, he will have the possibility to select two distinct options, respectively “buy now” or “add”.
7.2 By choosing the “add” option, the product is moved to the virtual shopping cart, which can be accessed after “clicking” on the shopping cart icon in the upper right corner of the site or after clicking the “view cart” button ” which always appears at the top right of the page.
7.3. Once inside the Cart section, the Customer will find the details of the products which will form the subject of any order, their quantity, their selling price, the methods and related shipping costs, any discounts related to the insertion of active promotional codes, and the final cost to be paid by the Customer for all items.
7.4. The contents of the cart can be viewed, modified or deleted at any time. The Customer is aware that if he decides to postpone the conclusion of the order over time, and therefore decides to purchase the products selected and placed in the cart at a later time, the products may vary in price, color and availability. It will be the Customer’s responsibility to check that each product chosen during the navigation phase is correctly reported in the Cart section, both in terms of quality and quantity.
7.5 Once the contents of the shopping cart have been checked, and convinced that they are buying the chosen goods, the Customer can proceed by selecting the “Proceed with the order” option. At this point a page will open containing the Form that the Customer will have to fill in with the data necessary for the transaction and shipment of the ordered products.
7.6 By selecting the “buy now” option, immediately after choosing the Product, the page containing the Form will open directly, which the Customer will have to fill in with the data necessary for the transaction and shipment of the selected product. From the same page, the Customer can always check the details of the products he wishes to purchase by clicking on the “view cart” button which appears at the top right of the same page and which will lead the Customer to the Cart section.
7.7 The correct compilation of the Form in the Shopping Cart section by the Customer is an essential element for the correct conclusion of the purchase procedure. The order procedure may be interrupted at any time by closing the browser window, or by clicking on any other section of the site.
7.9 After selecting the shipping method and entering all the required data, you will have to choose the payment method from those available. The Customer can choose between: payment on delivery, online payment by credit card, Klarna or transfer via PayPal.
7.10 At any stage of the order, up until payment, the Customer may cancel the order, interrupting the processing and leaving the website. Unless payment on delivery is selected, the order will not be processed until the relevant payment is received.
7.11 In order to be able to offer you Klarna’s payment methods, at checkout we may pass your personal data to Klarna in the form of contact details and order details, so that Klarna can assess your suitability for your payment methods and customize these payment methods. Your personal data transferred is treated in line with Klarna’s privacy policy
8. Methods of completing the contract
8.1 The Customer submits the order request by clicking on the “Place order” button.
8.2. The order sent by the Customer has the value of a contractual proposal and, by sending this order, the Customer acknowledges having complete knowledge and fully accepting these General Conditions and the provisions relating to the processing of personal data contained in the privacy policy .
8.3 The receipt by the Seller of the order forwarded by the Customer is not equivalent to the conclusion of the contract, which will only take place when the Consumer customer receives, at the email address provided by the same, the formal Confirmation of the order by the Seller, through which the latter accepts the order forwarded and undertakes to fulfill it. The contract is concluded in the place where the Seller’s registered office is located. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Customer that each order sent is stored in digital form on the Seller’s server according to confidentiality and security criteria.
8.4 The Customer acknowledges that the order confirmation referred to in the preceding paragraph can be sent following an automated check; if, at the time of packing and shipping the products ordered, the Seller should find any errors in the catalog or in the order relating to the price and/or characteristics and/or availability of a certain goods, he will promptly notify the Customer in order to agree on the modification or cancellation of the order. This notice may be sent by email or direct telephone contact.
8.5 The Customer acknowledges that some products on the site could: be packaged and/or personalized in his favour; risk deterioration; not lend themselves to being returned for hygienic reasons or connected to health protection, if sealed and opened after delivery; by their nature, mix inseparably with other goods, after delivery. Therefore, certain rights expressly recognized by the Consumer Code and by the Italian law pertaining to the same, including the right of withdrawal, could be limited.
8.6 The Seller reserves, in any case, the unquestionable right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason and/or reason , in case of non-acceptance of the order itself.
9. Availability of products
9.1 The products, sizes, colors and quantities available for purchase, and therefore for subsequent shipment, are highlighted on the Site; however, it is understood that the prices and availability of the products may undergo alterations and/or modifications at any time and without notice. The Customer acknowledges that the actual availability of individual products could vary significantly also due to the possible simultaneous access to the Site by multiple users, and/or the possible passage of time between loading the web page and entering the cart, or between the insertion of the products in the cart and the moment in which the Customer proceeds with the sending of the order. When the order proposal is sent,
9.2 The Seller reserves the right to remove any product from the Website at any time and/or to eliminate or modify any section and/or material and/or content of the Website itself. In this regard, the Seller will not be held liable towards the Customer or third parties for the removal of any product from the Site or for the elimination and/or modification of any section and/or material and/or content of the Site.
9.3 Some products may be on sale on the site in “pre-order” mode. The products purchased by the consumer in this way, not being immediately available, will be shipped to the consumer himself no earlier than 20 working days starting from the day after the order conclusion. In case of non-availability of the product by the Seller within 60 working days starting from the day after the conclusion of the order, the Consumer may contact the Seller in order to obtain a full refund of the price.
10. Sales prices
10.1 The prices of the products that can be purchased on the website www.room401.it are expressed in euros and include only the applicable VAT. The costs necessary for the shipment of the goods to the place indicated by the Customer will be indicated in a specific cost item which will be different according to the total price of the purchase made, and which will complement that relating to the price of the products indicated in the Cart.
10.2 In any case, before concluding the purchase operations and sending the order confirmation, the total cost necessary to complete the sale will be shown, detailed by items and single amounts that constitute it.
10.3 The total cost of the shipment up to the Customer’s domicile is borne by the same, subject to exceptions and derogations which will be specifically advertised on the Site and/or communicated via e-mail.
10.4 The Seller undertakes to ensure that all the prices of the products indicated on the Site are correct. However, if errors are found by the Seller in the price of the products ordered by the Customer, the Seller must inform the Customer as soon as possible and allow the latter the possibility of reconfirming his order at the correct price or canceling it. Finally, if the Seller fails to contact the Customer to inform him of the incongruous prices, he reserves the right to cancel the Customer’s order and refund the entire amount paid in favor of the latter.
10.5 If the Customer detects that the price of one or more of the products available for purchase is clearly lower than that normally applied, even net of any discounts and/or promotions in force, or if it is unrealistic if compared to the reference market, will not have to complete the order procedure for the aforementioned products and undertakes to promptly report the anomaly by email to the email address claudiamagnabosco4190@gmail.com. If the Customer still completes the order procedure, the Seller reserves the right to cancel the order, promptly notifying the Customer and reimbursing any sum already paid in favor of the same. In this case, there will be no obligation for the Seller to deliver the goods ordered.
10.8 The Seller reserves the right to modify the prices of the products available in the online store, launch new products, start and cancel the special offers on the store’s websites or modify them, in compliance with the Italian law and applicable regulations.
11. Methods of payment
11.1. Payment by the Consumer customer is permitted only through the methods indicated in the appropriate “place order” section. If the Customer intends to pay with alternative methods, he must make a specific request to the Seller by sending a specific email. In any case, the Seller will be free to refuse the alternative payment proposal made by the Customer, and therefore, not proceed with the conclusion of the sale.
11.2 In case of purchase with payment on delivery method, payment must be made exclusively with cash, in Euro currency and for a maximum amount equal to that established by law for cash payments. Payment must be made to the courier who will make the delivery. The Customer must deliver the exact amount indicated in the Order Confirmation to the courier in charge as the latter may not have the change with him. By accepting these general terms and conditions, the Customer expressly agrees to comply with this conduct. In no case will other means of payment be accepted, such as, by way of example but not limited to, bank checks. The additional cost of payment on delivery is €10 (ten euros).
11.3 In order to fully protect the customer’s security, the Seller cannot in any case know the data relating to the credit card used for the payment but only the outcome of the transaction.
11.4 In order to be able to offer you Klarna’s payment methods, at checkout we may pass your personal data to Klarna in the form of contact details and order details, so that Klarna can assess your suitability for your payment methods and customize these payment methods. Your personal data transferred is treated in line with Klarna’s privacy policy .”
11.7 In case of payment through PayPal, the Customer will be transferred to the payment page set up by PayPal, where, using the credentials of his PayPal account, he will be able to complete the payment procedure. The transmission of the customer’s credentials will take place through encrypted transmission protocols directly on the page prepared by PayPal, and such data will not be accessible to the Seller. The amount will be charged when the order is processed.
11.8 In the event of non-payment by the Customer of the agreed price, for any reason or cause, or in the event of non-acceptance of the shipment or its non-collection, the Seller will invite the Customer to pay the balance, reserving the right in the event of non-payment of any further action for its own protection.
11.9 Until the complete regularization of its position by the Customer, which will take place with the payment of all amounts due to the Seller, no sum excluded, including interest, the Seller reserves the right to cancel any subsequent deliveries of products and not to proceed with the subsequent orders placed, to terminate any existing purchase contracts as well as to block the purchase functions through the Site, without prejudice to compensation for any further damage.
12. Methods of shipment and delivery
12.1 The shipment of the order placed by the Customer will be carried out within the date indicated in the communication of the Order Confirmation or within the term estimated at the time of selection of the delivery methods and, in any case, within the maximum term of 30 (thirty) days from the date of the Order Confirmation.
12.2 In the event of the Seller being unable to comply with the above deadline, for any reason or reason, and in any case except in cases of force majeure, unforeseeable circumstances or facts not attributable to the Seller, the Seller will promptly send an email to the Customer with which will communicate the new shipping term. In this case, the Consumer customer will still have the faculty and right to cancel the order and obtain a refund of the entire price paid.
12.3 Delivery will be made by express courier chosen by the Seller with an anonymous parcel indicating only the data necessary for the physical delivery of the order.
12.4 Deliveries are foreseen and carried out only on the Italian territory, San Marino and Vatican City within and no later than fifteen days, to be understood as working days, starting from the terms indicated in point 12.1.
12.5 In the event that problems attributable and/or not attributable to the company in charge of the delivery arise during transport and the package has not yet arrived at its destination within the indicative term referred to in the previous point, or if it has arrived at its destination late, the Customer can promptly report it to the Seller, who will try to resolve the matter in a reasonable period of time. It is understood that the Seller will not be responsible for the delay or non-delivery due to an incorrect or incomplete communication of the address by the Customer, or in case of absence of this at the time of delivery, or again in case of refusal or reluctance to receive the package.
12.6 If it is not possible to deliver to the Customer due to his absence at the address indicated, a second delivery attempt will be made. In case of further absence and/or impediment to deliver attributable to the customer, the package will be returned to the seller who will inform the customer via email. In this case, the costs of returning the package to Room 401 and of subsequently sending it back to the customer will be entirely borne by the customer, even in the case of the original free shipping. In any case, before returning to Room 401 the package will remain deposited at an agreed warehouse for a limited time and the Customer will receive a notice specifying the place where his order is and the ways in which to arrange a new delivery.
12.7 Except as established on the subject of withdrawal from these general contract conditions, it is the Customer’s responsibility to check the good condition and conformity of the goods delivered with respect to the order placed.
12.8 The delivery times indicated above refer exclusively to the products present in the warehouse at the time of the purchase order.
13. Limitations of Liability for the Seller
13.1 The Seller will not be liable in the event of failed or delayed shipment or delivery due to force majeure, unforeseeable circumstances or facts not attributable to the seller itself (by way of example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and more generally any other fact or event that can be classified in the categories indicated) which prevented, in whole or in part, the execution of the contract within the agreed times.
13.2 The Seller will also not be responsible for problems related to the order sent by the Customer, whatever the reason or reason, due to disservices and/or malfunctions of the IT systems of the Site or of its own internal corporate IT structure, except in cases of willful misconduct or gross negligence.
13.3 The Seller is in no way responsible for any damage deriving from the “apparent Buyer”, for any title or reason, for payments and orders made in his name, or for the use of payment instruments attributable to him. “Apparent Buyer” means the person whose data has been entered without his knowledge, therefore without his will and/or knowledge and/or assent, by third parties in the mandatory fields of the Form, which opens after selecting the “Proceed with the order” or “buy now”, and which therefore appears to the Seller as a real buyer customer even if it is not. In particular, the Seller will not be responsible for the fraudulent and/or illegal use of credit cards, debit cards, bank codes,
13.4 The Seller will not be liable to the Customer and third parties for damages caused by inappropriate, different, fraudulent or illegal use of the products purchased on the Site with respect to what is indicated on the same website.
14. Guarantees in favor of the Consumer
14.1 Without prejudice to the express exceptions contained in these conditions and those provided for by law, the Seller offers the Consumer customer the ordinary guarantee provided for by the Civil Code, as well as that provided for in the Consumer Code in the case of a consumer. In particular, the Seller guarantees that the products covered by the guarantee will be repaired or replaced without additional costs.
14.2 In addition to the guarantee provided for defects in the thing sold according to the law, the Seller applies the guarantee set out in articles to the Consumer customers. 130 and 132 of Legislative Decree 206/2005, relating to any lack of conformity of the products existing at the time of delivery. The lack of conformity is considered to exist if: (i) the product is not suitable for the use for which goods of the same type are normally used; or (ii) does not conform to the description or does not possess the qualities referred to in the sample or model possibly shown by the Seller; or (iii) does not offer the usual qualities and performance of a product of the same type that the Consumer can legitimately expect;
14.3 For the purposes of the guarantee pursuant to Legislative Decree 206/2005, under penalty of forfeiture, the Consumer must report any lack of conformity to the Seller within and no later than 2 (two) months from the date on which he discovered such defects, by sending a email to claudiamagnabosco4190@gmail.com containing:
– your personal data;
– indication of the order number;
– indication of the defect and/or non-conformity found;
– at least 1 photograph of the product that highlights the non-compliance found.
In any case, the goods must be sent to the Seller who reserves the final assessment of any discrepancy complained of by the Consumer, including the causes.
The warranty only concerns the presence of non-conformity defects of the product. No guarantee is applied in the event of damage to the product deriving from the Customer’s negligence or from use and/or washing of the product that does not comply with that of the product and/or with the indications provided by the Seller and/or indicated in the documentation attached to the product , in tags, labels or in its packaging.
After having received the goods and having carried out the quality controls, in the event that the non-conformity of the Product is found, it will be the Seller’s responsibility to replace those products at his own care and expense, with other products of the same quality and title available in his warehouses. delivered that are damaged or defective, provided however that such products have been returned by the Customer in the original packaging. In the event of impossibility to replace the product, the Seller will refund the Customer the amount paid for the defective product, using the same means of payment used by the Customer when purchasing the product. In the case of payments made by cash on delivery,
Unless willful misconduct or gross negligence of the seller, any other liability of the latter remains excluded, for any reason.
In the event of absence of discrepancies and/or defects in the product purchased, all shipping costs will be borne by the buyer.
15. Disclaimer of Warranty
15.1 Except for what has already been indicated, the guarantee referred to in the previous article is excluded if the Customer has damaged the products due to his own intentional or negligent conduct, or in any case if, due to his negligence and/or carelessness and/or for other reasons not attributable to the Seller, has damaged and/or rendered defective the products, and/or exposed them to natural events and/or has used them improperly and/or without following the technical instructions indicated in any manuals, and/or has carried out and/or had repairs, interventions or tampering carried out by personnel not authorized by the Seller, and/or has omitted the necessary maintenance, and/or has kept them incorrectly.The guarantee is also excluded if the defects and/or faults and/or malfunctions derive from a use of the products other than that referred to in the Contract and/or for which they were designed and manufactured, or in cases of normal wear or deterioration of parts consumables.
15.2 If the Seller finds that any faults or defects in one or more products sent to the Consumer customer are attributable to him, directly or indirectly, the latter will be required to pay the verification costs incurred for this purpose, as well as out-of-pocket expenses for the relative return and, if applicable, for the repair.
16. Guarantees and methods of assistance.
16.1 The products that can be purchased on the Site comply with all the quality standards required by national and European regulations. In case of questions, complaints or suggestions, the Customer can contact the Seller via the e-mail address claudiamagnabosco4190@gmail.com.
16.2 In the event of a lack of conformity, the rules on the legal guarantee will apply as provided for by Legislative Decree 6 September 2005, n. 206.
16.3 The warranty applies only to the products indicated in Legislative Decree 6 September 2005, n. 206.
17. Right of withdrawal
17.1 The right of withdrawal is recognized only for the products and according to the provisions of Legislative Decree 6 September 2005, n. 206.
17.2 The Customer may exercise his right to withdraw from the contract by communicating an explicit declaration to this effect to 159 srl, through the following means: mail: info@room401.it ; Certified email: 159sas@pec.it; registered letter with return receipt to the registered office in Via Morgagni n. 4/A, chap. 37135, Verona, Italy.
17.3 Unless the Seller has offered to collect the goods himself, the Seller reserves the right to withhold the refund until it has received the goods or until the Consumer has demonstrated that he has sent the goods back, whichever occurs first.
18. Return of Products and Refunds
18.1 The return of the products can be made within 14 days of receipt of the goods; within 7 days for products purchased with sales.
18.2 All items purchased through Klarna payment in installments or at a discount through sales or discount codes cannot be returned for a refund, but only with an exchange of goods, if belonging to the current season. Items on sale from previous seasons are NOT subject to RETURN or EXCHANGE.
18.3 The refund may be suspended until receipt of the goods.
The Customer must return the goods or deliver them to the Seller, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the goods before the 14-day period has expired. The customer is responsible only for the direct cost of returning the goods.
18.4 The Customer is responsible for the decrease in the value of the goods purchased, resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
18.5 The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, lies with the Customer.
18.6 The Products returned making use of the right of withdrawal must be new, in excellent condition, and must only have been tried on, therefore without signs of wear or dirt. The Products must be returned in their original packaging, original shoe boxes , equipped with all possible accessories , instructions for use and labels. In the case of returning the Products by shipment, the Products must then be placed inside a suitable packing box, together with the transport document present in the original packaging. For this purpose, the box used for the delivery of the Products can be used, taking care to remove or obscure any label or material relating to the previous shipment.
18.7 If the returned Products do not comply with the provisions or the terms and conditions for exercising the right of withdrawal are not respected, the withdrawal will not be effective. In this case the Customer will not be entitled to a refund of the sums already paid. The Customer will be able to get back, at his own expense, the Products in the state in which they were delivered to the Seller.
18.8 Acceptance or non-acceptance of returned Products will be notified to the Customer by email.
18.9 The Seller is not responsible for the refund relating to Products shipped but not received by the same Seller due to loss, theft or damage or other causes in any case not attributable to the Seller.
18.10 All items purchased from the site at a discount through sales or discount codes cannot be returned but can only be replaced with other goods on sale on the site. In such cases, reimbursement is therefore excluded, but only the exchange of goods is granted according to the methods set out in art. 19.
18.11 For all items purchased from the site whose discount, through sales or discount codes, ranges from 60% to a higher percentage, neither returns nor exchanges are accepted. In such cases, therefore, a refund is also excluded.
19. Exchange of goods
In case of purchase made with a pre-order or goods purchased on sale, only EXCHANGES and NO refunds are made. In the event that the Customer wishes to exchange goods, he/she can make a return according to the methods indicated on the site, at his/her full shipping costs and proceed with the exchange according to the terms and conditions established in these General Conditions.
20. Intellectual Property
All trademarks, as well as any intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of 159 srl and/or its assignors, without the Customer deriving any right over them from access to the Site and/or from the stipulation of the Purchase Contracts.
21. Processing of personalized data
21.1 For the execution of the contract, the provision by the Customer of some personal data is mandatory. The Customer declares and guarantees that the data provided to the Manager during the purchase and/or registration process are correct and truthful. Failure, partial or incorrect provision of the Customer’s data to the Manager may result in the impossibility of executing the contract.
21.2 For everything concerning the processing of the Customer’s personal data, their conservation, their possible modification and/or cancellation, access to them and in general the Privacy policy adopted by the Manager, please refer to the specific Information pursuant to the Regulation EU no. 679 of 2016 published on the Site and available on the page called “Privacy Policy”.
21.3 The Customer undertakes to view and accept the aforementioned information and its content before concluding the purchase order. The completion of the purchase procedure therefore implies full knowledge of the same.
22. Governing Law and Referral
This contract is regulated by the Italian law. Although not expressly provided herein, the provisions of the law applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code and Legislative Decree no. 6 September 2005, are valid. 206 (Consumer Code), the latter applicable only if the buyer is a consumer.
23. Dispute Resolution and Jurisdiction
23.1 In the event of disputes arising from this contract or connected to it, the parties undertake to seek a fair and amicable settlement between them.
23.2 The Seller undertakes, pursuant to art. 141-sexies, third paragraph, Consumer Code, in the event it is not possible to resolve a dispute following a complaint presented directly by the Consumer Customer, to inform the latter about the Alternative Dispute Resolution (ADR) bodies competent to resolve in out-of-court such disputes, specifying whether or not it intends to make use of the aforementioned bodies to resolve the dispute itself.
23.3 Pursuant to the provisions of EU Regulation no. 524/2013, the company 159 srl informs the Customer of the possibility of contacting the European platform for the online out-of-court settlement of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/
23.4 If the dispute has not been resolved amicably, the same may be brought at any time before the Judicial Authority competent for the territory and matter in the district in which the Consumer customer has his domicile. In the event that the customer who makes the purchase on the Site does not have the status of final consumer, it is agreed that any dispute, even in derogation from the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Verona.
24. Communications
24.1 Without prejudice to the cases expressly indicated above, or established by legal obligations, all communications between the Seller and the Customer will preferably take place by sending e-mails to their respective electronic addresses which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the mere fact of being electronic documents.
24.2 Written communications addressed to the Seller, as well as any complaints will be considered valid only if sent to the following address: Via Morgagni n. 4/A, chap. 37135, Verona, Italy; email: info@room401.it .
25. Miscellaneous
25.1 The total or partial nullity of one or more clauses of this Contract does not affect the general validity of the same.
25.2 If the Vendor’s Site contains links to other pages or third-party materials, such links shall be understood to be provided for information only, without any control by the Vendor on the contents or materials present on the sites referred to in the links, and therefore, with the exclusion of any responsibility of the Seller for any damage or loss deriving from navigation on the same.
25.3 The Customer may request the issuance of the tax invoice exclusively during the order procedure, subsequently entering, where required, his Tax Code. It will not be possible to request the issuance of the invoice after completing the order.
art. 26 – Specific approval
The following clauses are specifically approved pursuant to and for the purposes of articles 1341 and 1342 of the civil code: 10 (sales prices), 11 (methods of payment), 12 (methods of shipment and delivery), 13 (Limitations of responsibility for the Seller), 14 (Guarantees in favor of the Consumer), 15 (exclusion of guarantees), 17 (right of withdrawal), 18 (Exercise of the right of Withdrawal, return of Products and Refunds), 19 (Exchange of goods – change of size ), 23 (Dispute resolution and jurisdiction), 25 (miscellaneous)