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Conditions of sale

It is our great pleasure to welcome you to our website www.drapersitaly.com (hereinafter “Website”), the official online shop of DRAPERS S.R.L.


We kindly ask you to read the terms and conditions (hereinafter “Terms and Conditions”) which govern the relationship between DRAPERS S.R.L. and every User with regard to the Website, and further, to print a copy of said Terms and Conditions and to store it on a long-term medium. If not otherwise provided for by binding law, the relationship between DRAPERS S.R.L. and the User is regulated by the Terms and Conditions which shall be considered as accepted by the User. The User is requested to desist from using the Website in the event that the Terms and Conditions are not accepted.


DRAPERS S.R.L. reserves the right to amend the Terms and Conditions from time to time and to publish the updated iteration on the Website. Use of the Website by the User after the publication of such amendments shall be deemed to signify acceptance.


1. Identity of the vendor company


The controller and manager of the Website is DRAPERS S.R.L., Via Bonvicini 9, 40128 Bologna, Italy, Tel. +39 051 63 10 278, Email info@drapersitaly.it.


The products presented on the Website are sold by DRAPERS S.R.L. with headquarters in Via Bonvicini 9, 40128 Bologna, VAT number: 00281850370, registered in the companies register number: REA 116940.
 

2. Accuracy of contents


DRAPERS S.R.L. makes every reasonable effort to ensure that the information published is correct and up to date. However, we are not able to guarantee the total absence of errors on the Website. The information and documents published may indeed contain incorrect details or typing errors. In every case, the weights, measurements and volumes of the products are only indicative. Moreover, despite the fact that every reasonable effort is made to guarantee the representation of the colours of our products in the most accurate manner, it is impossible to give assurances that the colours as seen on the screen of the User exactly reflect those of the product delivered.


DRAPERS S.R.L. reserves the right to amend, at its own discretion, the contents of the Website and the disclaimers from time to time without giving prior notice or publishing or sending out any information in this regard.


Access to the Website and use thereof could be affected, in part or entirely, by interruptions to service; moreover, the said Website and the server upon which it runs could contain viruses or other harmful elements. DRAPERS S.R.L. accepts no liability for such damage whatsoever caused directly or indirectly by accessing the Website, by not being able to access said Website, nor by use thereof.


3. Prices


The sales price of every product is as published on the Website at the moment the User posts the relative purchase order. Said price shall be confirmed by email with which DRAPERS S.R.L. confirms the purchase order (see Clause 4.4 in the following).


All prices published are given in euro and include Value Added Tax. Dispatch costs are not included; such costs are indicated at the time of creating the purchase order.


In the event DRAPERS S.R.L. becomes aware of a manifest error in the price of the products ordered or the dispatch costs, the User shall be informed as soon as possible and offered the option to confirm the order at the correct price or to cancel such order. In the latter case, DRAPERS S.R.L. shall reimburse the monies paid within 30 days of receipt of the communication in which the User cancels such order.


4. Online purchasing: sending orders


Purchases may only be made on the Website by people of 18 years of age and over.


Acceptance of purchase orders is subject to the availability of the relative product. Products offered on the Website may be either unavailable or available only in limited quantities.


The purchasing process consists of the following steps:

  • add the products to be purchased to your shopping basket;
  • choose dispatch method, enter the dispatch address and see the total costs;
  • enter the details needed for the invoice;
  • you will be asked to read the Terms and Conditions carefully and to accept them;
  • choose the payment method as indicated on the Website;
  • before confirming the order, check the choices made, the total price including dispatch costs and every other aspect of the contract;
  • pay the total price of the product/s selected and send the purchase order.


Once the purchasing order has been concluded, confirmation of receipt of said order will be immediately sent to the User. Said confirmation shall be sent via email to the email address indicated by the User and contain all the details pertaining to the order (identity number, User details, details of the product/s, total price, payment method, dispatch costs and dates, information on rights of cancellation) and a link to the page on the Website with regard to acceptance on the User’s part of the Terms and Conditions.


5. Payment

The accepted payment methods are given on the appropriate page of the Website. Payments must be made in euro. DRAPERS S.R.L. remains the proprietor of the goods sold until payment for the goods and dispatch has been credited, including any outstanding interest for arrears and/or payment default indemnities.


6. Acceptance of the purchase order and creation of the sales contract

The sales contract is concluded with the acceptance of the purchase order on the part of
DRAPERS S.R.L. pursuant to Clause 4.5 above.


DRAPERS S.R.L. reserves the right to reject an order, either partially or entirely, in the following cases:

  • the product is not available;
  • the payment details given are not correct or not verifiable;
  • the security system highlights an order as unusual or potentially fraudulent;
  • there is reason to believe the person placing the order is under 18 years of age;
  • there is reason to believe the person placing the order is a vendor;
  • it is not possible to dispatch to the given address;
  • in events of force majeure.
  • Dispatch problems– receipt address
  • Addresses using “c/o” and Army Post Offices are not permitted.
  • Dispatches are made Mon-Fri apart from public holidays.

Delivery


DRAPERS S.R.L. undertakes to make every reasonable effort to deliver the products within the deadline indicated in the relative order acceptance. Such deadlines are only indicative and DRAPERS S.R.L. does not accept any liability in this regard. In the event that it is not possible to keep within the deadline, DRAPERS S.R.L. shall inform the User within 30 days of the receipt of the relative order. The incorrect communication of the delivery address is the sole responsibility of the User and may lead to further costs which will be charged to the User.
All goods will be dispatched by DRAPERS S.R.L. In the event that the product is not delivered with the deadline indicated, please contact Samsonite at the email address [email address to be inserted] quoting the order number. In the event the product does not arrive within 30 days of the date of the relative order acceptance, the User shall be entitled to withdraw from the contract, cancel the said order and be reimbursed for the full price paid.


7. Faulty products or incorrect dispatch
Upon delivery, the User is requested to check that the packaging is not damaged and in the event the product is damaged or does not conform to the order placed, not to accept the delivery, noting clearly on the shipping documentation the type of damage and/or error.
The User is requested to communicate to DRAPERS S.R.L. the problem in question within 24 hours of the delivery by sending an email to info@drapersitaly.it.
DRAPERS S.R.L. accepts all shipping costs associated with the return of the goods which were not accepted as a result of faults or incorrect dispatch.


8. Right of withdrawal
The Consumer has the right to withdraw from the contract without any disadvantage and without specifying the reason therefor within 14 working days from the delivery of the product/s. Such right of withdrawal does not apply in the case of personalised items.
The material integrity of the product/s to be returned is the essential condition to be able to exercise the right of withdrawal pursuant to Article 67 of the Italian Consumer Code.

In order to exercise the right of withdrawal, the Consumer must follow the steps set out below:

Step 1: send a written communication to DRAPERS S.R.L. via registered mail with receipt, giving the identification number of the relative order and the wish to withdraw from the sales contract. Said communication may also be made via email to the address info@drapersitaly.it within the same deadline provided it is confirmed by registered mail with receipt within 48 (forty-eight) consecutive hours.

Step 2: Within 48 (forty-eight) hours of receipt of said communication with regard to the right of withdrawal, DRAPERS S.R.L. will communicate the instructions pertaining to the return of the products, in particular the Company will send an email with a label containing all the information necessary for the correct shipping of the goods, the details of the courier and the telephone number of said courier to agree the pick-up time at the User premises, etc. The shipping costs associated with the return of goods are charged to the User and will be communicated in the above-mentioned email.

Step 3: Repack the products (if possible re-using the original packaging materials, the original labels, accessories, the use instructions and the guarantee documents). The re-using of the original packaging materials will help to prevent any damage during shipping. Print off the label sent to you by DRAPERS S.R.L. and use adhesive tape to attach it to the parcel(s).

Step 4: Dispatch the product within 14 (fourteen) working days of receipt of the instructions for return (i.e., the email containing the label).

Step 5: DRAPERS S.R.L. will proceed with the reimbursement of any sums paid by the Consumer within 30 (thirty) days of the date of communication of withdrawal from the Contract, unless the goods delivered to the Vendor, by the said User, are either damaged or incomplete. In such event, DRAPERS S.R.L. will immediately inform the Consumer of the faults found in the product and the impossibility of accepting their return.
The above-mentioned returns procedure applies exclusively to purchases made on the Website.


9. Limitation of liability
Unless otherwise provided in the Italian Consumer Code for the protection of consumers, DRAPERS S.R.L. accepts no liability whatsoever for any damage arising from the use of the Website, from difficulties in accessing the Website, or from the use of relative functionalities, contents or links to other websites, unless such damage arises from wilful neglect or gross negligence on the part of DRAPERS S.R.L.
Moreover, DRAPERS S.R.L. accepts no liability whatsoever with respect to:
(a) any unforeseeable loss on the part of the parties to the contract at the moment when the sales contract is formulated and associated with the provision of the products and relative services or to their use;
(b) any loss which cannot be attributed to non-fulfilment on the part of the Company;
(c) any loss which is deemed inherent to commercial activities.
In any event, any liability attributed to DRAPERS S.R.L. is limited and may not exceed the price paid for the products.


10. Guarantee
Articles 128 – 135 of the Italian Consumer Code apply to the contract. DRAPERS S.R.L. recommends you to always store a copy of the documents pertaining to the purchase, such as the order, the invoice, the shipping documents, etc.

DRAPERS S.R.L. is liable vis-à-vis the Consumer for any faults in the conformity of the goods which appears during the first 2 (two) years of the delivery of said goods. The Consumer’s rights under the guarantee become invalid if the fault is not signalled within 2 (two) months of its appearance. The claim must be made by registered mail with receipt sent to DRAPERS S.R.L., via Bonvicini 9, 40128 Bologna, Italy. In any event, actions taken to assert the value of the fault must be taken within 26 (twenty-six) months of delivery of the goods.

DRAPERS S.R.L. will accept delivery of the faulty product in order to verify if the fault is or is not caused by a production fault. In particular: (i) if the fault has become evident within the first 6 (six) months of the date of delivery of the product, the verification always takes place at the expense of DRAPERS S.R.L. inasmuch as it can be assumed that such fault(s) already existed at the date of delivery; (ii) after expiry of the first six months of date of delivery, and only in the event that non-conformity does not arise from a production fault, DRAPERS S.R.L. reserves the right to request the Consumer to reimburse the costs of the verification, such costs being communicated in a prior estimate.

The Consumer may request, at his own discretion and without incurring extra costs, to have the product repaired or substituted, unless the repair requested be objectively impossible or excessively onerous on the other party. Excessively onerous are either of the two remedies if it imposes unreasonable expenses on the Vendor in comparison to the other party, taking into account: a) the value the goods would have if the fault did not exist; b) the type of fault; c) the possible alternative remedy may be carried out without significant inconvenience to the Consumer.

The reparation or substitution can be effected within a reasonable period starting from the request.

The Consumer may request, at his own discretion, an appropriate reduction of the price or withdrawal from the contract in any of the following situations: a) the repair and the replacement are impossible or excessively onerous; b) DRAPERS S.R.L. is not able to repair or replace the goods within a reasonable deadline; c) the repair or replacement previously carried out has caused significant inconvenience to the Consumer.


11. Contacts. Questions, complaints, comments and service contacts
All communications may be made via email to the following address: info@drapersitaly.it.

12. Infringement of copyright and intellectual property rights
All of the trademarks, product names and registered names on this Website are covered by copyright. The User shall not be authorised to use or reproduce such trademarks, names and registered names inasmuch as such use could constitute an infringement of the rights of the proprietor. The design, organisation of the functionalities, the texts, documents, videos and all other materials on the Website are the property of DRAPERS S.R.L. or their suppliers and protected by copyright. The User is authorised to electronically copy and print parts of the Website only insofar as necessary to place an order. The User shall not be authorised to make any other use of the information or materials on the Website whatsoever, including the reproduction, modification, distribution or (re)publication for purposes other than indicated in the above. In the event the User wishes to use materials or information from the Website, prior authorisation must be obtained from DRAPERS S.R.L.


13 Use of your information and suggestions regarding the Website
DRAPERS S.R.L. reserves the right, at its own discretion and without conceding the right of the User to any remuneration or credit, to use any material, information, suggestion or comment posted on the Website by Users, also with regard to the Website or the manner in which DRAPERS S.R.L. conducts its business activities. However, the use by DRAPERS S.R.L. of information by means of which the Users may be identified (such as name, address, national insurance number or telephone number) is subject to the policy regarding data protection on the Website (see Article 17 in the following).


14. Use of suggestions sent to DRAPERS by the User with regard to new products, ideas or processes
DRAPERS S.R.L. reserves the right to store materials, to make copies of and archive such materials as the User may send to the Company.
 

15. Data protection policy
Users’ privacy is extremely important to DRAPERS S.R.L. and we want to be sure that you are kept up to date about our data protection policy and that you approve of the manner in which we make use of your personal details. Our data protection policy can be found on the appropriate page of our Website.


16. Applicable law and jurisdiction
These Terms and Conditions are governed exclusively by Italian law.
Notwithstanding the terms established in Article 63 of the Italian Consumer Code in relation to proceedings involving the Consumer, the Court of Bologna shall be the court of jurisdiction in the event of any controversy relating to these Terms and Conditions. 


17. Final provisions
These Terms and Conditions replace all other previous iterations vis-à-vis the User.
In the event that any clause of these Terms and Conditions should be or become invalid or not enforceable, the other clauses shall remain unaffected and the invalid clause shall remain in force insofar as it complies with the governing laws.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User declares that he has taken note of the following clauses and specifically approves of said clauses: Clause 2 “Accuracy of contents”, Clause 11 “Liability”, Clause 18 “Applicable law and jurisdiction”. 


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