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SALES CONDITIONS AND CUSTOMER'S RIGHT GENERAL SALES CONDITIONS EdenSposa is a registered trademark of the firm Antartix di Antonio Arnone, with premises located in Via Graf, 2 – 57121 Livorno (LI), Italy – VAT No. 01449430493 – product categories – 52614 retail trade of non-food products through Internet (wedding, ceremony and First Communion accessories) – 72220 Other software realizations (web site design) – Internet web sites – www.edensposa.com / www.edensposa.it for retail trade, www.antartix.net for Internet web site design. The purchase of EdenSposa products, carried out telematically, is subject to the Italian provisions applying for distance contracts and regulated by the Legislative Decree 185/1999. Accessing the present web site, yourself and the firm Antartix di Antonio Arnone agree that laws and provisions of the Italian State will be applied for any dispute concerning the use of the web site. People deciding to access this web site from other places do it on their own initiative and they will be solely responsible for the compliance with the local laws. This section contains the terms and legal conditions regulating this web site and so, browsing these pages, you will expressly accept to comply with all conditions contained in this declaration. If you don't accept these terms we kindly ask you not to browse the web site. The access and use of the web site are only available for personal use, that is to say for page visualization, mutual exchange of information, possible unload of information concerning products and for the purchase and sale of these latter. The firm Antartix can not be held responsible for the use of the web site and of the relevant contents not complying with the rules in force by the user. In particular, the user is the only responsible for the issue of untrue information or information regarding third parties and for their incorrect use. The general sales conditions herewith reported regulate the relationships between the firm Antartix di Antonio Arnone and the Customer regarding the purchase of Products carried out telematically on the web site by a distance contract. Regarding what is not expressly regulated under the general sales conditions herewith reported, please refer to the provisions contained in the Legislative Decree 185 dtd. 22 nd May, 1999 and to the enforceable discipline of the Civil Code. Definitions The following words reported in capital letters take on the meaning specified below: EdenSposa : it refers to www.edensposa.it / www.edensposa.com registered trademark owned by the firm Antartix di Antonio Arnone, with premises located in Via Graf, 2 – 57121 Livorno (LI), Italy – VAT No. 01449430493 – product categories – 52614 retail trade of non-food products through Internet (wedding, ceremony and First Communion accessories) – 72220 Other software realizations (web site design) – Internet web sites – www.edensposa.com / www.edensposa.it for retail trade, www.antartix.net for Internet web site design. Antartix : it refers to the supplier, that is to say the firm Antartix di Antonio Arnone, with premises located in Via Graf, 2 – 57121 Livorno (LI), Italy – VAT No. 01449430493 – product categories – 52614 retail trade of non-food products through Internet (wedding, ceremony and First Communion accessories) – 72220 Other software realizations (web site design) – Internet web sites – www.edensposa.com / www.edensposa.it for retail trade, www.antartix.net for Internet web site design. Customer : it refers to the individual person acting for personal purposes, unrelated to his/her professional or entrepreneurial activity, if any, and concluding sales contracts with Antartix. Web Site : it refers to the web site owned by Antartix. Parties : it refers to Antartix and to the Customer. Products and/or Goods : it refers to the goods sold by Antartix and purchased by the Customer, as specifically reported on the Order Confirmation, having the qualities reported on the Web Site catalogue. Contract : it refers to the agreement made between Antartix and the Customer, regulated by the general sales conditions herewith reported, following the receipt of the Order Confirmation by Antartix that obliges this latter to supply the customers with the products according to the terms and conditions specified below. Order Confirmation : it refers to the acceptance by the customer - sent telematically - of price/s , Product/s (in case of several goods), possible shipping charges, product qualities and of all provisions contained in the general sales conditions herewith reported. Preliminary remarks With the present e-commerce activity Antartix operates exclusively with the consumer the products on sale on the web site are intended for. Regarding Contracts, the Consumer has to be understood as an individual person acting for personal purposes unrelated to his/her professional or entrepreneurial activity, if any. So Antartix kindly asks the subjects not falling within the above mentioned “Consumer” category not to pass purchase orders of the goods sold on Antartix's Web Site. Because of its commercial policy, Antartix reserves the right not to accept orders passed by subjects not complying with such a policy and by subjects not falling within the above mentioned “Consumer” category. Contract conclusion and execution: The receipt by Antartix of the Order Confirmation sent telematically by the Customer determines the Contract conclusion. Through the Contract conclusion Antartix undertakes to supply the Customer with the Products under the terms and conditions indicated in the general sales conditions herewith reported, it being understood that the retailer has the right not to accept orders placed by subjects unable to offer solvency guarantees. Sending the Order Confirmation the Customer accepts unconditionally and undertakes to follow the provisions contained in the general sales conditions herewith reported when dealing with Antartix. So the transmission of the Order Confirmation implies the whole knowledge and acceptance by the Customer of the general sales conditions herewith reported as well as of the further information contained in the web site pages there indicated and connected through a link . After the Contract conclusion through the receipt of the Order Confirmation by Antartix this latter will send the Customer the order acceptance by e-mail containing details of the relevant order (prices, quantities and features of the products). The Products are shown and represented on the Web Site accurately and what is visible corresponds to their real features. In any case Antartix is not able to guarantee the exact correspondence to reality as far as images and colours appearing on the Customer's monitor are concerned. The Parties acknowledge mutually that the products presented on the web site can be no longer available or no longer on sale at the time of the Web Site access by the user and that relevant prices can be subject to slight updating. Delivery Times The delivery procedure of the required item starts since our order acceptance by e-mail and the delivery time is normally arranged within the next 30 days. However, as most items reported on the catalogue are handcrafted, the buyer undertakes to accept a possible slight delay, in any case never exceeding 10 days. Method of Shipment The Goods will be shipped in a sealed package by courier, precisely by SDA. The delivery is guaranteed by the courier itself within 72 hours all over Europe . Moreover the Customer can check the shipment status at any time and in real time through the service offered by SDA itself on its own web site simply entering the relevant shipment code reported on our shipment confirmation sent by e-mail to the buyer. In case of non-fulfilment of the order by Antartix due to even temporary non-availability of the required goods or service the supplier will inform by e-mail the Customer within 30 days and will reimburse the possible amounts already paid for the supply. Unless agreed by the consumer in advance or at the time of the contract conclusion, the supplier will not be able to arrange a different supply from what was agreed upon, even in case of equivalent or higher value of the supply itself. Goods delivery Antartix will notify the Goods shipment by e-mail to the e-mail address indicated at the time of the order. The Customer will have to check carefully the package conditions at the time of the delivery and in case of evident and considerable damages he/she will have to inform the deliveryman about it, accepting the delivery according to the form “accepted on condition” to be reported on the delivery note with the Customer signature. This procedure will avoid any possible dispute in case of Goods damage. Dispute resolution Antartix, in full compliance with the provisions of the Legislative Decree 185/99, agrees to RISOLVIONLINE (cd. ODR Procedure) conciliation service – Milan Arbitration Board – available at the web site www.risolvionline.it The Customer must pay the price of the Products and of the relevant shipping charges following the methods of payment listed below: by credit card In case of order cancellation, carried out both by the Customer and by Antartix for non-acceptance of the same, Antartix will require at the same time the transaction cancellation and the engaged amount release. For certain credit cards release times exclusively depend on the banking system and can get until their natural expiry date (24th day since authorization date). Once the transaction cancellation is made, Antartix can never be held responsible for any possible direct or indirect damage caused by a delayed non-release of the engaged amount by the banking system. In case of Customer order clearance after the 23rd day since the order transmission date, Antartix will debit in any case the relevant amount to the Customer’s credit card, even though in advance as regards the goods delivery, in order to avoid the transaction authorization expiry (24 days). Antartix reserves the right to ask the Customer for further information (for example home/office telephone number) or to require the transmission of document copies proving the title of the used Credit Card. In case of non-transmission of the such documents, Antartix reserves the right not to accept the order. During the purchase procedure Antartix can never be aware of the information concerning the purchaser’s credit card directly transmitted by means of an encrypted connection to the bank managing the transaction. Antartix records will not store such data. Antartix can never be held responsible for any possible fraudulent or undue credit card use by third parties at the time of the payment of products purchased on EdenSposa web site.
By money transfer In favour of: Antartix di Antonio Arnone It is an advance payment, it being understood that the right of repetition is valid in case of withdrawal. In this case the order fulfilment will be carried out after receipt of the money transfer which can be made through your bank or by internet banking, if you avail yourself of this service. The money transfer must reach us within 4 working days since the date of our order acceptance sent by e-mail. The description, to be reported on the money transfer, must indicate order number, order date as well as name and surname of the person placing the order. The terms for Goods delivery will start after receipt of the money transfer confirmation. Considering the long time normally required for the money transfer crediting, we kindly ask the Customer, besides expressing the intention of paying in this way at the time of the order, to send us by fax to the number ++39 586 349911 the receipt of the money transfer issued by his/her bank . COMPLAINTS AND RIGHT OF RETURN For any explanation or possible complaint you can contact EdenSposa as follows: e-mail address info@edensposa.com / fax number ++39 586 349911 / toll free number 800 035107. Antartix, in full compliance with the provisions in force concerning this subject – Article 5 of the Legislative Decree 185/99 - undertakes to accept the returned Goods if undesired by buyer for any reason, crediting the paid amount except shipping charges which remain at customer's expense, as provided for by article 5 paragraph 6 of the Legislative Decree 185/99. As far as the sale of wedding dresses is concerned, the right of return can be only exercised in case of defective Goods. The Customer has the right to back out of the Contract with no penalty and without specifying the reason, if wedding dresses are not the subject of the sale, within the term of 14 (fourteen) calendar days since the receipt of the Products. In the package delivered to your address you will find the invoice as well as the return form which has to be fully filled in and sent by registered letter with return receipt to the following address: Antartix di Antonio Arnone – Via Graf, 2 – 57121 Livorno (LI) Italy If a wedding dress considered defective is the subject of the sale and if the Customer wants to back out of the contract, he/she can exercise such a right within the term of 14 days, specifying the defect found on the dress. The communication can be anticipated within the same term either by e-mail to the address info@edensposa.com or by fax to the number ++39 586 349911 on condition that it is confirmed by registered letter with return receipt within the next 48 hours. Should the Customer decide to exercise the right of withdrawal, the Customer will have to return at his/her expense within 14 days since the receipt the integral and unused Goods, which must be sent back in the original package with all fiscal documents. If the right of withdrawal is exercised by the customer in compliance with the above mentioned conditions, Antartix will reimburse the possible amounts already cashed, except shipping charges debited to the customer. After the return of the products by the Customer, Antartix will check the compliance of the returned goods with the above mentioned conditions. In case of a positive result Antartix will send the Customer by e-mail the relevant return acceptance confirmation. Since the receipt of the returned goods by Antartix about 10 days are required to issue by e-mail the possible acceptance of the returned goods itself. The reimbursement procedure will be actuated within 30 days since the moment Antartix is aware of the right of withdrawal. If there is no correspondence between the product consignee reported on the purchase order and the Customer who carried out the relevant payment, Antartix will reimburse in any case this latter. Antartix will send a courier to collect returned goods. In this way it is possible to check at any time the location of each goods. In case the Parties mutually agree that Antartix will not be held responsible anyhow for the possible loss or damage of the returned Products. If there is no compliance with the conditions stated in the general sales conditions herewith reported for the correct exercise of the right of withdrawal, the customer will not have the right to be refunded by Antartix for the amounts already paid. However, at his/her expense, the Customer has the right to have the returned Products back in the same conditions of the return shipment, but if such a right is not exercised Antartix is authorized to keep the products as well as the cashed amounts. The right of withdrawal is excluded in case of tailor-made or expressly customized goods that, for such a peculiarity, can not be returned or risk to perish or to alter quickly (article 5, paragraph 3, point c – of the Legislative Decree 185/99). If a wedding dress is the subject of the sale, the buyer expressly renounces, former articles 1469 bis; 1469 ter; 1469 quarter of the Civil Code, to exercise the right of withdrawal as provided for according to the former article 5, paragraph 1 and 2 of the Legislative Decree 185/99. The exercise of the right of withdrawal remains valid and unprejudiced in case of a defective product. Personal data supplied by the Customer and necessary for the conclusion of the contract are protected by the law 675/1996 which actuates the CE Directive 95/46 reporting dispositions for the protection of individual people or other subjects as regards the treatment of personal data. These data will not be communicated or spread anyhow. According to the law 675/96 Antartix, as holder of the treatment of personal data, undertakes not to resell or communicate to third parties the information concerning the Customers. The same responsibility for the treatment of personal data is valid for the forwarders who carry out the contractual order. As far as personal data are concerned, the Customer can exercise the rights of article 13 of the law 675/96 and of article 7 of the Legislative Decree 196/2003 and send a communication to the e-mail address of Antartix info@edensposa.com or to the following fax number ++39 586 349911 and so obtain by Antartix without delay the following: • the confirmation of the possible existence of his/her own personal data, even if not entered yet, the communication in intelligible way of the data themselves and of their origin, as well as the methods applied for the treatment of the data themselves; • the cancellation, transformation into anonymous form or the suspension of the treated data in case of lawbreaking, including those data for which the storage is not expected with regard to the purposes of their collection; • the updating, correction and integration of the data; • the right to oppose, either totally or partially and for legitimate reasons, the treatment of his/her own personal data, even if pertaining to the collection purpose; • the right to oppose, either totally or partially, the treatment of his/her own personal data stored for commercial information, for sending advertising material or for direct sale purposes, that is to carry our market researches or to make interactive commercial communications, and the right to be informed by the person in charge of Antartix about the possible free exercise of such a right immediately after the communication or spreading of such data; In compliance with the law No. 675 dtd. 31-12-1996 we give you below some information regarding the use by Antartix of the Customer's personal data, if this latter intends to supply us with them spontaneously. • The data supplied by the Customer will be exclusively treated for advertising purposes in order to meet his/her requirements, as indicated by the Customer. Without their treatment, authorized by the Customer by means of the data entering, the only consequence will be the non-realization of such purposes. • The treatment will be also carried out by means of information technology or telematic tools. • The data will not be communicated or accessible to third parties except for the cases provided for by the law. • Antartix (firm Antartix of Antonio Arnone, registered office and premises: via Graf, 2- 57121 Livorno (LI), Italy – VAT No. 01449430493) is the holder of the treatment. • The Customer enjoys the rights indicated in the above mentioned article 13 of the law 675/1996. You are kindly requested, where specified, not to enter sensible data, that is data useful for the identification of racial or ethnic origins, of religious or philosophic convictions as well as of any other opinion such as political opinions, for supporting parties, trade unions, associations and religious, philosophical, political or trade union organizations or for revealing information on health or sexual habits, because Antartix lacks the necessary authorization for their treatment (in conformity with the article 22 of the law 675/1996). The conferment of personal data – excluded sensible data – is compulsory and without them the contract can not be fulfilled. Antartix is the owner of the Web Site, the pictures contained in this web site pages or anywhere reported on the web site are protected by the copyright and by any other right of intellectual property. The pictures can be temporarily visualized or reproduced when using the services offered by the web site and only for personal and non-commercial purposes. The pictures can not be copied anyhow, neither totally nor partially, and they can not be retouched, distributed, published or used anyhow. The information made available on this Web Site by Antartix has been compiled with the utmost care. However we do not exclude possible mistakes. We do not guarantee the correctness of the information and we do not accept any responsibility or legal responsibility resulting from incorrect or outdated information. According to the information we are in possession of, the pictures, descriptions and advertising material regarding the items on sale and the reported pictures, are made available for their publication with the authorization of the owner, of the management/administrator or of the relevant delegate to whom we decline all responsibility according to the expected provisions for the use of photographic material – law 633/41 and law 248/00 – which regulate the protection of the copyright and of the rights related to its exercise. We expressly indicate that Antartix does not take on any guarantee, any legal responsibility or the whole responsibility for the consequences caused by information resulting incorrect or outdated. Moreover the links available to access other web sites have been made for the use and convenience of the users; so Antartix is neither responsible for the information contained in the linked web sites, nor for possible violations of the privacy or of the copyright which could occur in such web sites. If material subject to copyright or in violation of the law has been published involuntarily or mistakenly, we kindly ask you to let us know. With these pages Antartix does not intend to violate any copyright.
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