The expression “Buyer” means the consumer natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial and/or professional activity.
The expression “Seller” means the person who performs the sale of the goods covered by this contract.
The expression “online sales contract” means the purchase and sale contract relating to the tangible movable goods of the Seller, entered into between the Seller and the Buyer within the framework of a distance selling system by means of telematic tools, organized by the Seller itself.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
The goods covered by these general conditions are offered for sale by the company Not a Chimera Srl. with headquarters in via Monte Bianco ,36 Milan – Italy, registered with the Chamber of Commerce of Milan Monza Brianza Lodi , REA MI-2629802, tax code and VAT no. 11900580967
The Buyer by accepting these conditions expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried out.
3) OBJECT AND CONCLUSION OF THE CONTRACT
By this contract, respectively, the Seller sells and the Buyer purchases at a distance through telematic means only the tangible movable goods indicated and offered for sale on this site.
The contract between the Seller and the Buyer is concluded exclusively through the Internet network by means of the Buyer’s access to the address of this site, where, following the indicated procedures, the Buyer will come to formalize the proposal for the purchase of the goods offered for sale.
The purchase contract is concluded through an irrevocable order by the Buyer with the completion and online submission of the order form, which will be displayed on the order summary web page, printable, in which the details of the ordering party and the order, the price of the goods purchased and shipping costs, the terms and conditions of payment, and the address where the goods will be delivered are indicated. The moment the Seller receives the order from the Buyer, it will send a confirmation e-mail and/or display a printable web page confirming and summarizing the order, in which the data entered by the Buyer in the order form are also shown. The contract shall be considered perfected and effective between the parties only with the execution of the order and the issuance of the relevant invoice, the Seller having the option, until such time, to reject the order. The sales invoice will be issued by Not a Chimera s.r.l. in paper form and placed inside the package containing the products ordered.
4) PAYMENT AND REFUND METHODS
The Seller only accepts advance payment for the products ordered by means of major Credit Cards (Mastercard and Visa circuits), PayPal and irrevocable Bank Transfer. Credit card information is handled directly by IW Bank or other banks, which specialize in handling online payments; PayPal information is handled directly by PayPal. The information is encrypted through the use of state-of-the-art encryption systems that prevent its use by third parties and is sent directly to the bank.
The Seller reserves the right to make a request to the bank issuing the card for verification of genuineness on the ownership of the card or to PayPal in case of problems. Upon completion of such verification, if successful, the procedure will proceed to reach the conclusion of the contract and the delivery of the order placed, if there are no further obstacles. Any reimbursement to the Buyer, if he/she is entitled to it, will be credited by reversal of the payment by credit card or PayPal, no later than 30 days from the date on which the Seller became aware of the cause generating the right to reimbursement.
5) TIMING AND MODE OF DELIVERY
The Seller will deliver the ordered products through the couriers DHL, GLS Executive, BRT. The delivery time of the purchased products may vary within a maximum of 7 working days from the time of acceptance of the order.
In the event that the Seller is not able to make the shipment within this period will be given timely notice by e-mail to the Buyer, indicating the deadline by which the order will be processed. Delivery times may vary depending on the country of destination and other factors not directly controllable by Seller and not attributable to Seller.
6) SHIPPING AND DELIVERY CHARGES
The Seller ships using the DDP (Delivery Duty Paid) formula in EC countries, so in these destinations the goods will arrive directly at the indicated delivery location without having to pay any additional amount over and above what has already been paid when the order was formulated. For all other countries the DDU (Delivery Duty Unpaid) formula is used, so the courier may show up with a separate invoice requesting payment of duties and taxes required by local authorities. The Buyer residing in a non-EC country is advised to inquire about local taxes and duties, before placing an order with the Seller.
All sales prices of the products displayed and indicated within this website are expressed in euros (€) and constitute an offer to the public in accordance with art. 1336 c.c., are inclusive of VAT and any other taxes for what concerns delivery within the territories of an EC country. For deliveries to non-EC countries, as specified in item 6), the courier may require additional amounts from the Buyer for local taxes and duties. Shipping costs will be indicated and calculated in the purchase procedure prior to the submission of the order by the Buyer and also contained in the web page summarizing the order placed. The prices listed against each of the goods offered to the public are valid until the time the order is placed and indicated on the order summary web page. Therefore, prices and conditions may be changed by the Seller at any time, and what appears on the order summary web page shall be binding on the Buyer.
8) AVAILABILITY OF PRODUCTS
If an order exceeds the existing quantity in the warehouse, the Seller will, by e-mail, let the Buyer know whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether he/she intends to confirm the order or not.
9) LIMITATIONS OF LIABILITY
The Seller assumes no liability for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract. The Seller shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its sub-suppliers. The Seller shall also not be liable with respect to damages, losses and costs suffered by the Buyer as a result of the non-performance of the contract due to causes beyond its control, the Buyer being entitled only to a full refund of the price paid. The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties, of credit cards, when paying for the purchased products, if it proves that it has taken all the ordinary precautions possible at the time and according to ordinary diligence.
10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SELLER’S OBLIGATIONS
The Seller cannot be held liable if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.
11) WARRANTIES AND METHODS OF ASSISTANCE
The Seller shall be liable for any ascertained defect or defect in the product and attributable to him provided that such defect or defect has been reported by registered mail with return receipt to the address Not a Chimera s.r.l. via Monte Bianco, 36 Milan (MI) Italy, or transmitted by e-mail to [email protected] within eight (8) days of delivery accompanied by photographic evidence. The complaint is not necessary if the seller has acknowledged the existence of the defect or concealed it.
12) RIGHT OF WITHDRAWAL
The Purchaser may withdraw from the purchase contract for any reason, without the need to give reasons and without penalty, within 14 (fourteen) days from the date of receipt of the products. To exercise the right of withdrawal, the Purchaser must send Not a Chimera srl a notice to that effect, within the terms indicated, to the following email address [email protected] .
In the event of withdrawal, the Purchaser must resend the goods at his own expense within 10 (ten) days of such withdrawal, to the following address: Not a Chimera srl, via Monte Bianco ,36 20149 Milan (MI) Italy.
The goods must be returned intact, complete with all its parts and in its original packaging (envelopes and packages), kept and possibly used for the time strictly necessary to establish and verify its nature, characteristics and size, according to normal diligence, without any signs of wear or dirt.
It should be noted that fine leather products delivered outside the Italian territory may be returned only if accompanied by the “cites” certificate issued by the competent body. The Buyer who has to return such kind of goods is advised to consult the competent bodies before shipping.
Goods not properly returned to customs will be refused and not refunded. The Seller will refund the amount due to the Buyer as a result of the withdrawal within the period of 30 (thirty) days after the return of the goods.
13) EXCHANGE OF GOODS
The Seller also grants the Buyer the right to exchange goods due to size error within the same purchased item. In order to obtain an exchange of goods, the Buyer is required to complete within 5 (five) working days from the day of receipt the form present in the area reserved for him/her on this website, with indications of the code of the article or articles that he/she intends to exchange and the size that he/she would like to obtain as a replacement.
Upon receipt of the request, the Customer Service Department will send the Buyer a written confirmation, containing the merchandise exchange authorization number. The Buyer must indicate this merchandise exchange authorization number on the label attached to the package of products to be returned. In all cases, the transportation costs for the exchange shall be borne by the Buyer and the shipment shall be made no later than 7 business days after receipt of the goods exchange authorization.
The Seller will bear only the expenses necessary to send the product whose exchange is requested.
It is expressly understood that we do not accept exchanges or returns of products that have been tampered with, worn, washed or otherwise altered. It will be the responsibility of the Buyer to provide insurance for the transport of the goods returned for exchange; in default, in case of theft or loss, the goods will not be refunded. We do not accept exchange of goods related to special sale or custom-made products.
14) COMMUNICATIONS AND COMPLAINTS
Communications directed to the Seller and any complaints will be considered valid only where sent to the address: Not a Chimera srl via Monte Bianco,36 -20149 Milan (MI) Italy, or sent by e-mail to: [email protected] .
The Buyer must indicate in the registration form his residence and domicile, telephone number or e-mail address to which he wishes communications from the Seller to be sent.
15) SETTLEMENT OF DISPUTES AND APPLICABLE LAW
For all disputes arising out of this contract if the Parties intend to bring the matter before the ordinary Judicial Authority, the competent Court shall be that of the Buyer’s place of residence.
This contract is governed by Italian law.
16) DURATION AND EFFECTIVENESS OF CONTRACT CONDITIONS
These conditions may be updated or modified directly with the transcription of the new rule in this site. The modification or update will be valid and effective for orders that have not yet been typed and for which the web page, summarizing the order data, is not yet displayed and printed.