General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to all current and future sales contracts concluded via the website www.ellesanti.com (hereinafter referred to as “WEBSITE”) between the company LEVANTE SRL, headquartered in Italy, 35129 Padova (PD), Via della Croce Rossa, registered with the Padua business register under no. 46177, Tax Code/VAT No.: 05354030289, Tel. 049 2134478, info@pec.ellesanti.com Email: sales@ellesanti.com (hereinafter referred to as “SELLER”) and any individual or legal entity acting in the course of their entrepreneurial, commercial, artisanal, or professional activity, placing orders online on the WEBSITE (hereinafter referred to as “CLIENT”).
The CLIENT is advised to carefully read these General Terms and Conditions before proceeding with any purchase order submission.
ART. 1 – DEFINITIONS
For the purposes of these General Terms and Conditions of Sale, the following terms (whether in singular or plural) shall be attributed the following meanings:
- CLIENT: the user who purchases the PRODUCTS on the WEBSITE as a “Professional”, meaning any individual or legal entity acting in the course of their entrepreneurial, commercial, artisanal, or professional activity;
- GENERAL CONDITIONS: the present General Terms and Conditions of Sale;
- PARTIES: joint reference to both the CLIENT and the SELLER;
- PRODUCT(S): the entire range of products available and offered for sale on the WEBSITE;
- WEBSITE: the website www.ellesanti.com owned by the Seller;
- SELLER: LEVANTE SRL, headquartered in Italy, 35129 Padova (PD), Via della Croce Rossa, registered with the Padua business register under no. 46177, Tax Code/VAT No.: 05354030289, Tel. 049 2134478, info@pec.ellesanti.com Email: sales@ellesanti.com.
ART. 2 – SCOPE OF APPLICATION
2.1 The GENERAL CONDITIONS apply to all current and future sales contracts of PRODUCTS concluded between the SELLER and CLIENTS through access to the WEBSITE and the submission of a purchase order following the procedure provided by the WEBSITE.
2.2 The CLIENT undertakes to read the GENERAL CONDITIONS carefully before submitting their purchase order on the WEBSITE in accordance with Article 4 below. By submitting their purchase order, the CLIENT acknowledges having read, understood, and accepted the GENERAL CONDITIONS without limitation or reservation and undertakes to print and retain a copy.
2.3 The GENERAL CONDITIONS do not govern the sale of products and/or the provision of services by parties other than the SELLER present on the WEBSITE via links, banners, or other hypertext links, for which the SELLER assumes no responsibility.
2.4 The GENERAL CONDITIONS may be amended by the SELLER at any time. Any changes will come into effect from the date of their publication on the WEBSITE.
2.5 Purchases made by the CLIENT on the WEBSITE are governed by the general terms and conditions of sale in force at the date of the CLIENT’s submission of the purchase order. Therefore, the SELLER recommends that the CLIENT reads the general terms and conditions of sale carefully each time they intend to make a new purchase.
ART. 3 – PRODUCT INFORMATION
3.1 Before concluding the purchase contract, the CLIENT must review the essential characteristics of the PRODUCTS, which the SELLER undertakes to indicate in specific information sheets available on the WEBSITE.
3.2 Any images accompanying the PRODUCTS on the WEBSITE are purely illustrative. Therefore, the SELLER cannot be held responsible for any non-substantial differences (for example, but not limited to color or packaging) between the images of the PRODUCTS displayed on the WEBSITE and the PRODUCTS purchased by the CLIENT.
3.3 Unless expressly stated otherwise on the WEBSITE, the PRODUCTS sold through the WEBSITE are new and compliant with current European legislation and applicable Italian regulations.
ART. 4 – PURCHASE OF PRODUCTS
4.1 To place an order, the CLIENT must follow the procedure described below (also available on the WEBSITE in English).
4.2 The CLIENT that wants to place an order on the WEBSITE can select the size, color, and quantity of each PRODUCT and add the PRODUCTS to the “Cart” by clicking the “Add to Cart” icon. The content of the Cart can be modified by the CLIENT by adding or removing one or more PRODUCTS until the order is submitted by clicking the “Remove” button.
4.3 Once the PRODUCTS have been added to the Cart and the “Check-out” icon has been clicked, the CLIENT will see a page displaying the main characteristics and the price of each PRODUCT ordered, as well as the total order amount, excluding taxes and shipping charge. The content of the Cart can be modified by the CLIENT by adding or removing one or more PRODUCTS until the order is submitted by clicking the “Return to Cart” button.
4.4 At this point, the CLIENT will be shown an “order summary” page containing the following information:
- The CLIENT’s reference email and billing and shipping details for the PRODUCTS, both of which can be modified by the CLIENT under the “ADDRESSES” section in the Profile until the order is submitted or by contacting client service via email at sales@ellesanti.com.
- Main characteristics and price of each ordered PRODUCT
- Total price of the order, net of the taxes
- Shipping costs will not be included: they will be calculated later and added to the ORDER CONFIRMATION document that the SELLER will send directly to the CLIENT by email, who may request to have the order shipped using their own shipping account
- Summary of the billing details
4.5 After this CONFIRMATION, the CLIENT will be asked to read the GENERAL TERMS AND CONDITIONS and confirm their acceptance, select the payment method to be used before the order is shipped, and then proceed to submit the order by clicking the “PLACE ORDER” button. The CLIENT expressly acknowledges that placing the order implies the commitment to pay the price and other amounts due under these GENERAL TERMS AND CONDITIONS.
ART. 5 – CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT
5.1 By submitting the order, the CLIENT declares to have read, understood, and accepted the GENERAL CONDITIONS and acknowledges that they will be binding between the PARTIES in the event of acceptance of the order by the SELLER.
5.2 The sales contract is considered CONCLUDED and EFFECTIVE between the PARTIES upon the SELLER’s sending of an order confirmation email to the CLIENT at the email address provided during the ordering process.
5.3 The CLIENT undertakes to verify the accuracy of the information contained in the email mentioned above, promptly notify the SELLER of any corrections or changes to be made and CONFIRM THE ORDER.
ART. 6 – AVAILABILITY OF PRODUCTS
6.1 The availability of the PRODUCTS indicated on the WEBSITE refers to their actual availability at the time the CLIENT places the order. This availability is merely indicative, as:
6.2 In the event of the unavailability (even partial) of the ordered PRODUCTS, the SELLER commits to promptly inform the CLIENT by email, indicating the earliest date when the PRODUCTS will be available again. The CLIENT will have the option to confirm or cancel the order for those products that are currently unavailable.
ART. 7 – PAYMENT
7.1 Payment for the ORDER can be made by bank transfer or credit card, as agreed upon by the SELLER and the CLIENT.
7.2 The CLIENT guarantees to the SELLER that they have all necessary authorizations to use the chosen payment method.
7.3 The data entered by the CLIENT for payment purposes is encrypted and transmitted directly to the payment processor without passing through the SELLER’s servers, meaning the SELLER never has access to nor stores such data.
ART. 8 – PRICES
8.1 All sales prices of the PRODUCTS indicated on the WEBSITE are expressed in EURO and exclude value-added tax (VAT) at the applicable rate. Any changes to the applicable rate may affect the price of the PRODUCTS starting from the effective date of the change. The final price may differ depending on the VAT rate in effect at the time of purchase, which is applied to the order. The system automatically determines if VAT tis applicable and what rate to charge based on destination country of the PRODUCTS and issues a valid invoice in compliance with Italian invoicing regulations. It is the responsibility of the CUSTOMER to comply with VAT obligations in their country and potentially in the country where delivery of the PRODUCTS has been requested.
8.2 The SELLER reserves the right to modify, at any time, the sales prices indicated on the WEBSITE. It is understood, however, that the price applied to the CUSTOMER will be the one indicated on the WEBSITE on the date the order is placed by the CUSTOMER (and indicated in the confirmation email sent by the SELLER), without considering any subsequent price increases or decreases, even for promotions.
8.3 The sales prices indicated on the WEBSITE do not include SHIPPING costs, customs duties, or other additional costs, which are borne by the CUSTOMER in addition to the price of the PRODUCTS purchased. Shipping costs will be calculated after the order is placed, based on the weight and volume of the goods, as well as the shipping location. It is the CUSTOMER’s responsibility to inform the SELLER whether to entrust the shipment to the SELLER’s available courier or use their own shipping service contract. Any duties, import taxes, and customs clearance costs for deliveries outside the EU will be borne by the CUSTOMER. Since customs policies vary considerably from country to country, the SELLER has no control over these costs and cannot predict their amount. It is the CUSTOMER’s responsibility to contact the local customs office for further information.
ART. 9 – PRODUCT DELIVERY
9.1 The SELLER will make every effort to deliver the PRODUCTS within the timeframe indicated in the order confirmation, which, unless otherwise agreed in writing between the PARTIES, cannot be considered essential.
9.2 The SELLER fulfills its delivery obligation when it transfers the material availability or control of the PRODUCTS to the shipping carrier.
ART. 10 – PROOF AND ARCHIVING
10.1 Each contract with the CUSTOMER will be archived by the SELLER at its headquarters.
10.2 The SELLER agrees to archive this information to ensure traceability of the transactions and to provide a copy of the contract upon request by the CUSTOMER.
10.3 In case of a dispute, the SELLER will have the ability to demonstrate that its electronic tracking system is reliable and ensures the integrity of the commercial transaction.
ART. 11 – WARRANTY
11.1 The SELLER guarantees that the PRODUCTS sold match the quantity, quality, and type as indicated in the order confirmation and are free from defects that would make them unfit for their intended use.
11.2 The SELLER undertakes to remedy any defects, or non-conformity of the PRODUCTS attributable to them, provided that these are promptly reported in writing with attached photographic documentation by the CLIENT within 8 (EIGHT) days of receiving the goods. It is understood that this warranty will be limited to cases where the reported defect or flaw is not directly or indirectly related to the CLIENT’s activity or to improper use and/or storage of the PRODUCTS. The CLIENT must report any defects or non-conformities of the PRODUCTS by contacting the SELLER’s E-Commerce Department via email at sales@ellesanti.com.
ART. 12 – LIABILITY
12.1 The SELLER assumes no responsibility for any service disruptions caused by force majeure or unforeseeable circumstances, even if dependent on internet network malfunctions, in cases where they are unable to fulfill the order within the timeframes specified in the contract.
12.2 The SELLER also does not control websites that are directly or indirectly linked to the SITE. Consequently, any liability for the information published on those sites is excluded. Links to third-party websites are provided solely for informational purposes, and no guarantee is made regarding their content.
ART. 13 – PERSONAL DATA
The SELLER commits to managing and processing all personal data provided by the CUSTOMER in compliance with the current data protection information available at the following link.
ART. 14 – SITE ACCESS
14.1 The CUSTOMER has the right to access the SITE for consultation and purchasing purposes. The integrity of the elements of this SITE, whether visual or auditory, and the technology used remain the property of the SELLER and are protected by intellectual property rights.
ART. 15 – APPLICABLE LAW – JURISDICTION
15.1 These GENERAL CONDITIONS are governed by Italian law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980, and the rules of conflict.
15.2 For any disputes related to or connected to contracts to which these GENERAL CONDITIONS apply, the exclusive jurisdiction is the Court of Padua (Italy).
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following articles are expressly approved: Art. 3.2 – Information on Products; Art. 6.3 – Product Availability; Art. 15.2 – Applicable Law – Jurisdiction.