General Terms of sale
The offer and the purchase of products made on the website Quintessenzadesign.com (hereinafter, the "Website") are governed by these General Terms.
Prior to carrying out any purchase, the Client is therefore required to carefully read these General Terms. At the execution of the Purchase Agreement the Client agrees and undertakes to comply with them, and with the Order Form.
The Client is required to print and save the General Terms of sale and the related Order Form, already checked and accepted.
1.1 The present General Terms of Sale concern the online purchase of products through e-commerce on the website https://www.quintessenzadesign.com/ (hereinafter the Website)
1.2 The products sold on the website can be exclusively purchased and delivered in the countries specified in the Order Form. Any Sale order made for different countries is going to be automatically rejected during the Order Processing.
2.1 The products are purchased directly by Quintessenzadesign.com di DDesign srl Via J. Schmidl, 3 40054 Budrio (BO) ITALY, register of Companies nr. BO - 459954, P.IVA IT02696471206 (hereinafter Quintessenzadesign.com or seller). For any other information it is possible to contact the Seller by e-mail. The e-mail address is here above:
2.2 The General Terms of Sale govern the offer, the delivery and the acceptation of the goods' purchase orders on the website and they do not concern the service supply or the purchase of products made by subjects who are not the Seller that can appear on the website by links, banners or other hyperlinks.
Before delivering orders or purchasing products and services from subjects different from the Seller, we suggest to verify their Sale conditions because the Seller is not responsible for the service supply disposed by third subjects different from the Seller.
2.3 The products are sold to the Client identified by the data given during the fill out of the Order Form in the Website and the simultaneous acceptation of the General Terms of Sale.
2.4 The products offered on the website are addressed to Clients that have achieved the Adult Age. If the Client is less than 18 years old, a parental consensus is needed to purchase on the website. Purchasing on this Website the Client guarantees to be more than 18 years and to have the legal capacity to submit a binding contract.
2.5 It is forbidden for the Client to give false or/and invented names during the order procedure on-line and in other communications. The Seller has the right to legally persecute any violation or abuse in order to protect all the consumers.
2.6 Accepting this Terms of Sale the Client exempts the Seller from any responsibility caused by the issue of wrong documents due to mistakes in the data given by the Client during the Order procedure. The Client is the only responsible for the correct fill out of the template.
3. E-commerce Sale
3.1 Online sales contract means a distance contract for the sale of movable items (hereinafter Products) made between the Customer and Quintessenzadesign.com , as the Seller, in the field of an e-commerce service organized by the Seller that, for this purpose, employs the distance communication technology called Internet.
3.2 To complete the purchase of one or more products, the customer must fill out the electronic order form (hereinafter Order) and send it to the Seller via Internet by following the instructions.
3.3 In the Order there are:
- A reference to the General Conditions of Sale, containing the procedures and deadlines for the return of the purchased products and the conditions to exercise the right of withdrawal of the Customer;
- Information and/or images of each product and its price;
- The methods of payment that the customer can use;
- The methods of delivery of the purchased products and their shipping costs and delivery.
3.4 Despite Quintessenzadesign.com Accessories constantly adopts measures to ensure that the photographs displayed on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible because of the technical characteristics and the color resolution characteristics of the computer used by the customer. So the Seller will not be responsible for any inappropriate graphical representations of products shown on the site if due to these technical reasons, since these representations have merely illustrative purposes.
3.5 The customer will be asked to confirm to have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data before the contract has been submitted.
3.6 The contract is submitted when the Seller receives through the Internet the Order Form by the Customer that has to verify the correctness of the data related to the order.
3.7 The language available to conclude the contract with the Seller is the one chosen by the Customer, in any case, the applicable law is the Italian one.
3.8 Once the contract has been submitted, the Seller will process the Customer's Order for its fulfillment.
4. The Order fulfillment
4.1 With the online Order transmission, the customer unconditionally accepts and agrees to observe these Conditions of Sale in the relationship with the Seller.
4.2 The Seller will send to the Client an Order Confirmation by email which contains a summary of the information contained in the Order described in sections 3.3, 3.4 and 3.5.
4.3 The Seller has always the possibility to inquire by e-mail or on the phone indicated by the customer, additional information with reference to the Order sent via Internet before sending the Order Confirmation,
4.4 The Seller may not process the purchase of a Customer order that does not give sufficient guarantees of solvency or which is incomplete or incorrect, or in case of unavailability of the products. In these cases, the Seller will inform the customer by e-mail that the contract has not been executed specifying the reasons. In this case the amount previously paid by the customer will be disengaged.
4.5 If the products displayed on the website are no longer available for sale after the sending of the order, the Seller will promptly notify the unavailability of the products ordered to the Customer in any case within 30 working days from the day in which the order would be forwarded to the Seller. In this case the amount previously charged on the method of payment of the Customer will be refunded.
4.6 Each sale made by the Seller through the online sales service may cover one or more products, with no limit on quantity for each item.
4.7 The Seller reserves himself the right to reject orders from any customer with whom a legal dispute is pending relating to a previous order. This applies equally to all cases in which the Seller considers the customer unsuitable, including, without limitation, the case of previous violations of contractual conditions for the online purchase on the site or for any other legitimate motivation, especially if the customer has been involved in any kind of fraudulent activity.
5. Sale prices
5.1 Except for a different written statement, all prices of the products, the shipping costs and delivery times indicated on the site and in the Order have to be considered VAT included and expressed in Euros. The validity of the indicated prices is always the one indicated on the site at the time of the order transmission via Internet. Product prices, shipping costs and delivery times may vary without notice. The Customer must then be sure about the final sale price before sending the Order.
5.2 All products are directly shipped from Italy and Germany. Product prices, shipping costs and delivery times indicated on the site and in the Order, unless otherwise specified, have to be considered calculated without any cost related to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where the applicable legislation provides for import charges.
5.3 These costs are charged to the customer and have to be paid directly upon the delivery of the products, according to information as specified in the Order Confirmation.
All Product prices are clearly indicated on the Website and include VAT. Shipping expenses are displayed at the time of the order. And the currency is always Euro. The cost for each shipment may vary, depending on the shipping and payment methods as well as on the final destination and total order amount.
6. Methods of Payment
For what concerns the payment of the products and the related delivery expenses you can use, choose one of the payment methods indicated in the Order Form on the Website, here below:
6.1 Payment with credit card or prepaid card
6.1.1 For what concerns orders online on the website, the Seller accepts payments with credit card and prepaid card (if certificated by Credit institute or Paypal) without any other expense. It is clear that the Client must have a valid Credit Card at the moment of the order of the products purchased online and the name on the credit card has to be the same of the data given. If these conditions are not respected it is not possible to go on with the order procedure.
6.1.2 During the purchase, at the moment of the Order Confirmation, the amount will be charged on the Credit Card of the Client. So the amount will be effectively charged on the credit card of the Client when the order is effectively sent to the Seller.
6.1.3 If the Client, for any reason, wants to exercise his right to withdraw, after having received the products purchased, after the payment, the Seller will accredit the amount to refund directly on the Credit Card of the Client used for the payment.
6.2.1 If the Client has a Paypal account, the Seller gives the possibility to pay using directly the e-mail and the related password used for the registration on www.paypal.com.
6.3 The Seller will never know any information about the Credit Card (for example, number, date, deadline) used with a safe connection protected by encrypted protocol directly by the subject who manages the payment. The Seller will not have any information archive and will not save the data.
6.4 The Seller cannot be retained responsible in case of fraudulent use of Credit Cards or Prepaid Cards by third parties.
6.5 Bank Transfer:
Quintessenzadesign di DDesign srl
IBAN: IT 10 T 08883 36640 030000130620
7. Products shipment and delivery
7.1 Every product shipment contains:
- the ordered Products;
- related shipment document and financial report;
- informative and promotional material;
7.2 The delivery of the products by the Seller can be organized in different ways.
7.3 Delivery at the residence of the Client;
7.3.1 The purchased products can be delivered by the courier chosen by the Seller at the shipment address indicated by the Client on the Order Form. For more information about costs, time of delivery and method of shipment, see the Shipment section.
7.3.2 At the moment of the receipt of goods by the courier at the residence, the Client has to verify the integrity of the products. In case of defects, the Client has to show and note the differences to the courier and reject the delivery. If he accepts the delivery, he loses all his rights.
7.4 Delivery at conventional points of sale and receipt by the Client.
7.4.1 Only if this option is specified, the purchased products could be delivered by the Seller to the Client in a Point of sale that could be chosen by the Client during the Order procedure. For more information about costs, time of delivery and method of shipment, see the Shipment section.
7.4.2 In the moment of the delivery of the purchased products in a point of sale, the Client will receive a message, a SMS or an e-mail and starting from that moment he has maximum 10 days to pick up the products.
7.4.3 The missed collection during this period involves the cancellation of the order by the Seller and the refund of the entire payment. The refund will be accredited on the Credit Card or the Paypal of the Client. It depends on the payment method selected.
7.4.4 Information about deliveries during Christmas holidays – the punctuality of the deliveries before Christmas is not guaranteed. If the orders are made by Credit Card, Debit Card or Paypal, the delivery will be effectuated in 10 days after the order acceptation. Quintessenzadesign.com will do its best to deliver the products within the 23th December. The time of delivery can change, it depends on the product availability and sometimes the delay is not under our control. Quintessenzadesign.com will not be responsible in case of lost, costs, damage, additional payments caused by the delay in the delivery of the goods.
8. Right to Withdraw
8.1 Only if the Client that submits the contract is a Consumer, he will have the right to withdraw from the contract submitted with the Seller without any penalty and without specifying the reason, starting from the day of the receipt of the products purchased.
8.2 In order to exercise the right of Withdraw, the Client has to send within 14 days starting from the day of the products receipt an e-mail to the address DDesign srl Via J. Schmidl, 3 40054 Budrio (BO) ITALY, specifying the number of Order and the code of the item concerned.
8.3 After the receipt of the e-mail described in the article above, the Client will receive all the instructions for the return of the product.
8.4 The Right to Withdraw is submitted to the conditions below:
- The products have to be returned in their entirety and not in partial components;
- The returned products do not have to be used, worn, washed or damaged;
- The returned products have to be returned in their original and entire packaging;
- The returned products have to be sent to the Seller in a unique shipment. The Seller has the right not to accept Products sent in a unique order but in different shipments;
- The returned products have to be given to the courier within 14 days starting from the day of the products receipt;
- if the Seller, in front of a payment of a specific set of products, gives the possibility to purchase the set with a price less expensive than the price for each one (ex. 5x4, 3x2 etc.), the right of withdraw can be exercised also with the restitution of only some products of the set: in this case, the price will be recalculated referring to the normal price of the product itself. In all the other situations the right of withdraw could be exercised only with the restitution of all the purchased products, every partial exclusion is excluded.
8.5 If the right of withdraw is exercised by the Client in accordance with the conditions above (paragraph 8.4), the Seller has to refund the amount paid within 30 days starting from the receipt of the returned items by the Seller. Normally the re-accreditation by the Seller of the amount originally concerned is very fast, but the time for the Client to see the re-accredit depends on his bank, Credit Card or Paypal institute.
8.6 In case of return, the only payment that has to be sustained by the Client will be the original one of the shipment of the purchased products.
8.7 The Seller is committed to sustain also the original shipment expenses of the products exclusively in case of damage due to the transportation or mistakes in shipment made by the Seller. Only in these situations, the Seller will refund also the amount paid by the Client for the shipment. The Seller will send an Express Courier for the return of the products at the address of the Client.
8.8 For what concerns the return, the Customer will have to serve only the courier indicated by the Seller in the Return instructions: in this way the customer will not be required in the first payment of the charge against him for returning the purchased products because they will be paid for his account, directly from the Seller. Then the Seller, except for the provisions in point 8.7 and for cases of refund of the product defect, withhold from the reimbursement to the customer due to a lump sum amount equal to previously cost incurred for shipping and delivery to domicile of the Customer products purchased or the normally expected shipping charges for delivery Country. Moreover, from the time of delivery of the products purchased to the shipment indicated by the Vendor in the online Return Form, the Seller release the customer from any responsibility in case of loss or damage of goods during transport.
8.9 If the product delivery option at one of the points of sale has been made available at the time of filling in the online Return Form, the Customer may return the products directly at the point of sale agreed with the Seller. In such a case we will refund the customer, in addition to the price paid for the purchase, even the shipping charges previously incurred for the delivery of the purchased products. Since the return of products from a point of sale, the seller releases the customer from any liability in case of loss or damage to them during transport.
8.10 In case of exercising the right of withdraw, the Seller shall refund the corresponding, within 30 days from the date of receipt by the same products made in the manner described above, by crediting the amount to be repaid with the same method of payment chosen by the customer at the time of the Order.
8.11 In case of exercising the right of withdraw without the manner indicated above (ex. More than the 14 days required by the law, or without following the instructions for return), the Seller will postpone again the Customer Products purchased charging also the additional shipping expenses.
8.12 The right of Withdraw cannot be applied in case of personalized products required by the Client in the Order form.
9. Product non-compliance and defective products
9.1 The Seller is responsible in case of a defective or broken Product, referring to the Italian law.
9.2 The Client is entitled to a refund for the defective item as a Consumer if the conditions hereinafter are both respected:
a) The defect appears in 24 months starting from the delivery of the products;
b) The Client presents a formal claim related to the defect in maximum 2 months starting from the discovery of the defect;
c) The procedure of refund is correctly followed.
9.3 In particular, in case of noncompliance, The Client, respecting the Seller’s choice, has the right to obtain the substitution or reparation of the Products that are faulty or not as described which are not affected by these Terms of Sale without any other additional payment, or to obtain an adequate price reduction or the agreement resolution for what concerns the contested goods and the restitution of the payment.
9.4 The Seller will sustain all the expenses.
For any information you can use the following e-mail address: email@example.com or the following address:
DDesign srl Via J. Schmidl, 3 40054 Budrio (BO) ITALY
11. Communications to the Client
The Client is informed, accepts and gives his consensus to the fact that all communications, notifications, attestations, financial reports and any other kind of document about the operations made, referred to the purchase of products, are going to be sent to the e-mail address filled in the template at the moment of the registration on the Website. The Client can download the information on a permanent support in the limits provided by the Website governance.
13. Applicable law and Place of jurisdiction
13.1 This General Terms of Sale are governed by the Italian Law and are going to be interpreted starting from it, except for any other imperative prevailing rule in the Country of habitual residence of the Client. By consequence, the interpretation, execution, and resolution of the General terms of Sale are governed exclusively by the Italian Law and any controversy arising from or relating to the interpretation, execution, validity or efficacy of these General Terms will be submitted to the exclusive jurisdiction of the Italian jurisdiction. In particular, if the Client is a Consumer, any controversy will be submitted to the Jurisdiction of the Court related to the residence of the Client referring to the applicable law, or in case of a Consumer choice to act by the Tribunal of Bologna.
If the Client acts as a manager in his business activity, the parties accept the competence of the Tribunal of Bologna.
14. Modifications and amendments
The Seller can modify or amend the present General Terms of Sale in every moment. The Client is required to accept exclusively the General terms of Sale at the moment of the purchase. The new General Terms of Sale are going to be effective starting from the date of the publication on the website and referred to the Order form delivered after that moment.