General conditions of use and sale
This document contains the general conditions of sale and online payment through the website corresponding to the domain name www.numero10bags.it, owned and operated by Esquisito S.r.l. (hereinafter the "seller"), with registered office in Bplogna (BO, Italy), via dei Carrettieri n. 11. These general conditions, unless otherwise specifically agreed in writing, govern the relationship between the seller and the consumer, in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code, Italian Legislative Decree no. 206/2005, and Italian Legislative Decree no. 70/2003 on electronic commerce.
The language available to conclude the contract with the Seller is Italian.
1) The present General Terms and Conditions (GTC) regulate the supply of goods made by Esquisito S.r.l., owner of the trademark ‘Numero 10’, the Italian brand specialized in high quality bags and accessories, made with selected leathers and hide, by original designs and treature. Bags are manually operated and finished by a master craftsman, from the first creations handmade to the dyeing, turning into unique items.
Subject matter of the contract
2) With these general conditions of sale, the Seller sells and the consumer buys remotely the tangible movable property indicated and offered for sale on the website www.numero10bags.it. The contract is concluded exclusively through the Internet, through the access of the consumer to the address www.numero10bags.it and the issuance of a purchase order according to the procedure provided for in the website.
The regular forwarding of the order will be subject to the consumer's acknowledgement and acceptance of these general conditions of sale, and in particular of the pre-contractual information, by ticking the appropriate box, at the end of the on-line filling of the order. The Seller offers for sale on www.numero10bags.it the products and carries out its business of electronic commerce exclusively with its end users who are "consumers", i.e. only natural persons who act on www.numero10bags.it for purposes not related to their own commercial, entrepreneurial or professional activity, if any. If you are not a "consumer", please refrain from entering into commercial transactions on www.numero10bags.it.
Otherwise, the Seller is entitled not to take into consideration purchase orders from individuals other than final consumers and any other purchase order that does not comply with these General Conditions.
Pre-contractual information for the consumer
3) Before the conclusion of the purchase contract, you can view the characteristics of the goods that are shown, when making the choice, in every product sheet, and before the validation of the order with "obligation to pay", you will be informed about:
- total price of the goods, including taxes, with details of shipping costs and any other costs;
- payment terms;
- the time limit within which the Seller undertakes to deliver the goods;
- conditions, terms, costs and procedures for exercising the right of withdrawal (art. 9 of these conditions) with the right to download the relevant Withdrawal Form;
- legal guarantee of conformity for the goods purchased;
- customer service
You may, at any time and in any case before the conclusion of the contract, know the information relating to the Seller, the geographical address, telephone and fax numbers, e-mail address.
Conclusion of contract
4) The contract stipulated between the Seller and the consumer shall be considered concluded with the acceptance of the order by the Seller and, in any case, subject to collection of the relevant payment. Once you have completed the online purchase procedure, you will receive an e-mail confirming your order, which will contain your data, the order number, the goods purchased and their price, the shipping methods and costs, as well as the delivery address to which the goods will be sent, where you can print and store a copy of the order and of these conditions. The Seller could not accept purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of products. In these cases, the Seller will inform you by e-mail that the contract has not been concluded and that the Seller has not followed up your purchase order, specifying the reasons.
Availability of products
5) The availability of products refers to the actual availability at the time you place your order. However, such availability is to be considered as indicative only, as:
- the products may be sold to other customers before your order confirmation, due to the simultaneous presence on the website of several users,
- there may be an IT malfunction that makes a product available for purchase, but that is not actually available.
Even after the e-mail order confirmation has been sent by the seller, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected by eliminating the product(s) not available and you will be immediately informed by e-mail. This e-mail will also be informed you about the methods and timing of reimbursement of any excess amounts paid.
6) The prices published on the website, payments and invoices of orders are in EURO (including VAT). Shipping costs within the European Union are included in the purchase price. In the event of an IT, manual, technical or any other error that may result in a substantial change, not foreseen or foreseeable by the Seller, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid will be refunded to you within 14 days from the day of cancellation.
Right of withdrawal
7) Pursuant to art. 52 of Italian Legislative Decree no. 206/2005, you have the right to withdraw from the purchase contract for any reason, without explanation and without penalty, in the terms and conditions indicated in the following articles.
To exercise the right of withdrawal, you must fill out the withdrawal request and send I t to the Seiler by e-mail to the address email@example.com within 14 working days from the date of receipt of the products for which the right of withdrawal is exercised. The right of withdrawal applies only to the product purchased in its entirety, you cannot exercise the right of withdrawal only for one or more parts of the product purchased. Once we have received the above notice of withdrawal, you will receive quickly the instructions on how to return the product(s), assigning you a unique code for the return. You will receive an authorization e-mail containing the necessary documents to proceed with the shipment.
The returned product must be delivered to the Seller within 14 days from receipt of the documentation. The date of delivery to the forwarder shall serve as proof of this. Returns can only be requested by the holder of the order and made at the same address used for the shipment. The shipment of goods returned via the courier indicated by the seller, until the proof of delivery to the warehouse of the seller, is under the full responsibility of the seller.
If you decide to use a courier other than the one indicated by the seller to return the products, the shipping costs will be borne by you, and you will also be responsible in case of product loss or damage. The purchased product shall be returned intact, not used, not washed or otherwise altered, complete with all its parts, with the control tag related to it, the warranty seals intact and not tampered with, and in the original package (including packaging and original boxes, and any additional material, such as, for example, dust bags, hangers and clothing covers), complete with the related tax documentation. Shipping costs relating to the return of the product within the European Union are borne by the Seller both in the event of exercising the right of withdrawal and for the replacement of goods for wrong size/color or for defective items under warranty.
You can request the replacements of goods for wrong size/color only once.
The return of goods on sale is allowed only for change of size/color, you cannot request a refund.
Without prejudice to any repair costs for damage proved to the original packaging, the Seller will refund the amount already paid for the purchase of the product within 14 days from its return.
In case of payment by credit card, the refund will be made by reversal of the amount charged to the credit card.
You cannot exercise the right of withdrawal, for lack of the essential condition of integrity of the product (or its packaging and/or its contents), in cases where the Seller determines: • The use, even partial, of the product and of any accessories;
• The lack of the original inner packaging;
• Tampering with and wear of warranty seals;
• The absence of integral elements of the product;
• The absence of the control tag attached to the product;
• Damage to the product for reasons other than its transport.
If you do not comply with the modes and terms for exercising your right of withdrawal as set out above, you will not be entitled to a refund of the amounts already paid to the Seller. Within 14 days from the sending of the e-mail with which you will be informed of the non-acceptance of the return, you can choose to receive back, at your own expense, the products in the state in which they were returned to the Seller, notifying the Seller, according to the methods that will be communicated to you.
Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.
Warranties and originality of the product
8) All products sold through the website are covered by the seller's warranty for lack of conformity of 24 months, provided that the defects are reported within 2 months from the discovery, as provided for by Italian Legislative Decree no. 206/2005.
The warranty applies to products with a lack of conformity, provided that the product is used correctly, in accordance with the instructions for use and washing indicated in the relevant label. In the event of a lack of conformity, the Seller shall, restore the conformity of the product by repairing/replacing it, at no cost to you. If, as a result of the control made by the Seller, the defect is not in a lack of conformity, you will be charged any costs for verification and restoration, where applicable, as well as transport costs if incurred by the Seller. In cases where the application of the warranties provides for the return of the product, you must return it in its original internal packaging, complete with any documentation and accessories. In order to limit damage to the original package, the Seller recommends placing it in a second box.
NUMERO 10 ‘s products are manually operated and finished, so every bag or accessory is a unique item: little differences between the photos and the goods that you will receive, aren’t considerable as lacks of conformity. The essential characteristics of the products are explained on www.numero10bags.it in each product sheet. However, images and colors of the products offered for sale on www.numero10bags.it may not correspond to the actual ones, due to the effect of the Internet browser and the monitor used. If you need more help, the customer service of the seller will be at your disposal to answer questions or explanations that you can send by e-mail to the address firstname.lastname@example.org.
Please note that the first size change in Italy / European Union is free of charge.
9) These General Terms and Conditions of Sale and Use consist of all the clauses that compose them. If one or more of the provisions of these General Terms and Conditions of Sale and Use is considered invalid or declared invalid under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
10) Any claims shall be addressed to:
Via dei Carrettieri 11 – 40135 Bologna
11) Users who access this website state that they accept that all matters relating to the use of the website are governed by the current legislation of the Italian State.
Any dispute that cannot be amicably resolved will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the consumer, if located in the territory of the Italian State. If the consumer is resident outside the Italian territory, the Court of Bologna will be competent. In any case, it is possible to make optional use of the mediation procedures set out in Italian Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale and use by accessing the following website: https://webgate.ec.europa.eu/odr.
Esquisito S.r.l. does not guarantee in any way that the content of the website complies with the regulations in force in other countries.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, it is expressly declared the acceptance of the provisions set out in articles: 4 and 5 (right not to process the order); 6 (delivery costs/shipment and fees borne by the consumer); 7 (responsibility of the consumer for loss or damage to products, forfeiture of the right of withdrawal); 8 (product replacement); 11 (applicable law and competent court.