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1. SUBJECT OF THE ONLINE CONTRACT
The "online" contract, accepted on the website [www.carmelinashop.com](https://www.carmelinashop.com/), is considered to be concluded between Carmelinashop by Radicchi Ines (hereinafter "Carmelinashop by Radicchi Ines"), with registered office at Via Giardini 7 84035 Polla Salerno, and a Consumer, through a telematic sales system called e-commerce. A Consumer is defined as the individual who acts for purposes unrelated to any business or professional activity. By e-commerce, we refer to all activities and information exchanges related to economic transactions between subjects and organizations, including public administrations. This contract must therefore be concluded exclusively through the telematic channel called "Internet" at www.carmelinashop.com. The sales conditions set by the supplier are listed below and will remain effective until they are modified by the same. Any changes, corrections, or updates will be reported in the section dedicated to sales conditions available on the website www.carmelinashop.com and will take effect from the time of their publication.
2. SALE PRICES, PURCHASE METHODS, BILLING
2.1 The sales prices displayed on the website www.carmelinashop.com are considered as an offer to the public by Carmelinashop by Radicchi Ines, inclusive of VAT and all other taxes. The displayed prices DO NOT include shipping costs. The customer will take care to view the amount of shipping costs before proceeding with the purchase. The purchase contract is perfected only by correctly filling out the order form published on the site and by consenting to the purchase, expressed through online adherence. The customer can choose the payment method before confirming the order, using the methods indicated ONLINE.
2.2 The payment for the goods by the Customer will be made using the method chosen at the time of the order. Nothing more is due from the Customer than the total order amount.
2.3 Any sales invoice must necessarily be requested when placing the purchase order. It will not be possible to issue an invoice after the order has been processed, or after the goods have been delivered to the carrier responsible for transport.
2.4 Unless explicitly indicated by our Customer Service, delivery is understood at street level. Upon delivery of the goods by the courier, the Customer is required to check: - that the number of packages being delivered corresponds to what is indicated in the shipping note delivered by the courier; - that the packaging is intact, undamaged, neither wet nor otherwise altered, even in the closing materials (adhesive tape, straps). - Additional notes on delivery: If the delivered package appears damaged or altered (e.g., with cut and/or replaced adhesive tape), we invite the Customer to accept the package by applying the note "Acceptance with Reservation" to the courier's document. If the courier's delivery document reads "Accepted without reservation for control", it will not be possible in any way to obtain the refund provided by the insurance. We inform Customers that the insured shipment provides, in the ways and terms defined by contracts with the courier, a refund of Euro 6.20 for each kilogram of goods weight.
2.5 Any problems related to the physical integrity, correspondence, or completeness of the products received must be reported within 7 days of delivery, according to the procedures set out in this document.
2.6 In the event of non-collection within 5 working days of the material in stock at the courier's warehouses due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the order will be automatically canceled.
3. AVAILABILITY OF PRODUCTS
3.1 Detailed information sheets for each individual product are published on the website www.carmelinashop.com. Each card also indicates the product's availability at our warehouses and the expected delivery time. Due to the very nature of e-commerce sales, it is possible that the indication of product availability may not be correct. NO LIABILITY CAN BE ATTRIBUTED TO CARMELINASHOP BY RADICCHI INES IN CASE OF INCORRECT INDICATION OF AVAILABLE QUANTITY AND/OR FOR ANY SUBSEQUENT EXTENSION OF THE DELIVERY TERM.
3.2 Some products for sale have the note "Right of Withdrawal: NOT APPLICABLE" in the information sheet. These are products not available in stock and procured following a specific request from the Customer. ON THESE PRODUCTS, UNDER NO CIRCUMSTANCES AND FOR NO REASON WILL THE RIGHT OF WITHDRAWAL BE APPLICABLE.
4. COSTS AND METHODS OF TRANSPORT AND DELIVERY
4.1 The shipment of purchased goods is entrusted to Transport Companies that provide a national express courier service, with delivery within 24/48 hours from taking charge of the package. NO LIABILITY CAN BE ATTRIBUTED TO CARMELINASHOP BY RADICCHI INES IN CASE OF LOSS, DAMAGE, OR DELAY IN DELIVERY OF SHIPPED GOODS .
4.2 The shipping costs are charged to the Customer and are clearly indicated when placing the order. Nothing more is due from the Customer than the total order amount.
5. WARRANTY
5.1 All products sold by Carmelinashop by Radicchi Ines are covered by the manufacturer's standard warranty and a 24-month warranty for lack of conformity, pursuant to Legislative Decree 24/02. To benefit from the warranty service, the Customer must keep the invoice (or the DDT) that he will receive by e-mail in PDF format. The manufacturer's standard warranty is provided as explained in the documentation inside the product packaging. If, following an intervention by an Authorized Service Center, the defect is not covered by the manufacturer's standard warranty, the Customer will be charged for any costs of verification and restoration required by the Authorized Assistance, as well as transport costs, if incurred by Carmelinashop by Radicchi Ines.
6. RIGHT OF WITHDRAWAL
6.1 Pursuant to art. 5 of Legislative Decree 185/1999, if the customer is a consumer (i.e., a natural person who buys goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form a reference to VAT), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points.
6.2 To exercise this right, the customer must send Carmelinashop by Radicchi Ines a communication in this sense within 10 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to Carmelinashop by Radicchi Ines, Via Giardini 7 84035 Polla Salerno, or by telegram or fax sent within the same term and followed by a confirmation by registered letter with acknowledgment of receipt, sent STRICTLY within the following 48 hours. Once we have received the above withdrawal notice, the Carmelinashop by Radicchi Ines Customer Service will quickly communicate to the customer the instructions on how to return the goods, which must be sent to Carmelinashop by Radicchi Ines within 10 days from the authorization.
6.3 The right of withdrawal is subject to the following conditions: - the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g., accessories, attached software, etc.); - the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided; - the shipping costs for returning the goods are charged to the customer; - the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; - in case of damage to the goods during transport, Carmelinashop by Radicchi Ines will notify the customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal; - Carmelinashop by Radicchi Ines is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments; - upon arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the original packaging and/or packaging are damaged, Carmelinashop by Radicchi Ines will deduct from the refund due a percentage, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
6.4 Without prejudice to any restoration costs for damage to the original packaging, Carmelinashop by Radicchi Ines will refund the customer the full amount already paid, within 14 days from the return of the goods, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (ABI - CAB - Current Account of the invoice holder).
6.5 The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the goods (packaging and/or its content), in cases where Carmelinashop by Radicchi Ines ascertains: - the absence of the external packaging and/or the original internal packaging; - the absence of integral elements of the product (accessories, cables, manuals, parts, ...); - damage to the product for reasons other than its transport. In case of forfeiture of the right of withdrawal, Carmelinashop by Radicchi Ines will return the purchased good to the sender, charging the shipping costs to the sender.
7. PRIVACY
7.1 The personal data requested under the order are collected and processed to satisfy the express requests of the Customer and will not under any circumstances and for no reason be transferred to third parties. Carmelinashop by Radicchi Ines guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code under Legislative Decree no. 196 of 30.06.03. The data controller is Carmelinashop by Radicchi Ines, Via Giardini 7 84035 Polla Salerno.
8. COMPLAINTS
8.1 Any complaint must be addressed to Carmelinashop by Radicchi Ines, Via Giardini 7 84035 Polla Salerno.
9. APPLICABLE LAW
9.1 The sales contract between the customer and Carmelinashop by Radicchi Ines is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference hole of his town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Salerno.
10. FINAL CLAUSE
10.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.