These General sales conditions regulate
relations between Jadshop and its Customers in relation to the remote
purchase of Products made through the company's Internet
website.
For everything not expressly covered by these General
sales conditions reference is made to the provisions of Law Decree
185 dated 22 May 1999 and to the applicable provisions of the
Italian Civil Code. |
1. |
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Definitions |
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In addition to the other terms defined in
these General sales conditions, the words indicated hereinafter,
when shown in capitals, have the meanings specified after each, both
in the singular and the plural: |
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Jadshop: indicates D.V.D.I. Fashion Future s.r.l.,
registered with the Chamber of Commerce of Verona,
Tax Code and VAT no. 03133110233. |
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Customer: indicates the
individual person who, in relation to the sales contracts entered
into with Jadshop, acts for purposes not related to any business or
professional activities performed. |
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Parties: indicates Jadshop and the
Customer jointly. |
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Site: indicates the
internet website owned by Jadshop, distinguished by the URL www.jadshop.com. |
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Products: indicates the goods
sold by Jadshop to the Customer shown in the Order Confirmation and
having the features and qualities described on the website. |
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Contract: indicates the
agreement, covered by these General sales conditions, entered into
between Jadshop and the Customer following the acceptance by Jadshop of
the Order Confirmation, whereby Jadshop undertakes to deliver the
Products to the Customer in accordance with the procedures and terms
specified below. |
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Order Confirmation: indicates
acceptance by the Customer, sent to Jadshop through the computer, of
the unit price of the Product (meaning the total price of the
Products in the case of a multi-article purchase), of transport
costs, of the characteristics and quality of the Product (or
Products) and of the provisions of these General sales
conditions. |
2. |
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Premise |
| 2.1 |
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Jadshop's e-commerce business involves dealing
exclusively with the “consumer”, to whom the products are offered on
sale on the website. By “consumer” is meant the individual person
who, with respect to the Contracts, acts for purposes not related to
any business or professional activities performed. |
2.2 |
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Jadshop therefore invites those bodies
which do not fall within the “consumer” category as outlined in
paragraph 2.1. not to send purchase orders relating to the articles
sold by Jadshop on the website. |
2.3 |
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Considering the above-described
business policy, Jadshop reserves the right not to follow-up orders
placed by bodies other than “consumers” or orders that do not
conform to its business policies. |
3. |
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Conclusion and purpose of the
Contract |
| 3.1 |
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The receipt by Jadshop of the Order
Confirmation, sent by the Customer through the computer, shall
determine the closing of the Contract. |
3.2 |
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By closing the Contract, Jadshop
undertakes to provide the Customer with Products, in accordance with
the terms and the conditions indicated in these General sales
conditions, without prejudice to Jadshop's right not to accept orders
from persons who do not provide suitable guarantees of
solvency. |
3.3 |
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By sending the Order Confirmation, the
Customer accepts without reserve and undertakes to observe, in its
dealings with Jadshop, the provisions of these General sales
conditions. |
3.4 |
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Sending the Order Confirmation
therefore implies the Customer's total awareness and acceptance of
these General sales conditions as well as of the further details
contained on the pages of the website and link pages. |
3.5 |
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Upon the Contract being closed with the
receipt of the Order Confirmation by Jadshop, the latter shall send the
Customer an e-mail message containing details of the relevant order
(prices, quantities and Product characteristics). |
4. |
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Declarations, obligations and
guarantees |
| 4.1 |
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Jadshop only sells, through its website,
luxury and top-quality products. Jadshop does not therefore retail
second-hand products, flawed products or products of quality
inferior to corresponding standards offered on the market.
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4.2 |
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The Products are shown and made visible
on the website accurately and in a way corresponding to their real
characteristics. However, Jadshop is not in a position to guarantee
exact correspondence to the real garments in terms of image and
colours as these appear on the Customer's monitor. |
4.3 |
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The Parties mutually accept that the
products presented on the website may no longer be available or on
sale at the time the site is accessed by the user and that the
relevant prices could undergo updating. The indicated prices are in
fact determined in relation to the currency of the Country selected
by the user. |
4.4 |
4.5 |
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All the Products are complete with
refund label attached with single-use seal (shoes have a sticker
under the sole). If the Customer tries the Products on, this must be
done without removing the label and relevant seal. Therefore, Jadshop
shall be entitled not to accept returned Products devoid of the
label and seal, pursuant to art. 8. |
5. |
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Payments |
| 5.1 |
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Payment of the Product price and relevant
delivery costs must be made by the Customer using one of the
procedures indicated on the website. |
5.2 |
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In case of payment by credit card, all
details (card number, expiry date, etc.) will automatically be sent
by encrypted protocol to Banca Intesa, without Jadshop or third parties
having any access thereto whatsoever. Furthermore, such details will
never be used except for issuing relevant refunds in case of any
returns. |
5.3 |
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The amount of the order will be charged
to the Customer's current account only when the package containing
the Products is actually dispatched. |
7. |
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Claims |
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For any information or claims, Jadshop can be
contacted at the address info@jadshop.com. |
8. |
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Right of withdrawal |
| 8.1 |
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The Customer is entitled to withdraw from
the Contract, without any penalty and without specifying the reason
within 14 (fourteen) calendar days of receipt of the Products. |
8.2 |
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The right of withdrawal must be
exercised within the aforementioned term, by notifying Jadshop by
send e-mail info@jadshop.com. |
8.3 |
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In the event of the Products having
already been delivered to the Customer, the latter shall return
these and place them at the disposal of Jadshop within 14 (fourteen)
calendar days starting from the date the Product was received. |
8.4 |
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The right of withdrawal - besides
compliance with the terms and procedures described at para. 8.1,
8.2, 8.3 and 8.4 above - shall be deemed correctly exercised once
the following conditions have also been fully met:
- the Products must be in the same conditions in which they were
at the time of dispatch;
- the refund label must still be attached to the Products with
the single-use seal;
- the Products must not have been used, worn or washed;
- the Products must be returned in their original packaging;
- the Products must be accompanied by the return ticket inside
the package;
- the returned Products must be sent to Jadshop in a single
dispatch. Jadshop reserves the right not to accept garments belonging
to a single order returned and dispatched at different times.
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8.5 |
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If the right to withdraw is exercised
by the Customer in conformity with the provisions of these General
sales conditions, Jadshop shall refund any sums already paid, net of
any shipping costs to the Customer, as quickly as possible and,
always, within 30 (thirty) days from the date on which it became
aware of the Customer's decision to exercise its right to
withdraw. |
8.6 |
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In the event of the conditions
established in these General sales conditions for correctly
exercising the right to withdraw not being observed, the Customer
shall not be entitled to any refund of the sums already paid to
Jadshop; nevertheless, the Customer shall be entitled, at its own
expense, to the return of the Products in the condition in which
they were sent back to Jadshop. |
8.7 |
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It remains understood that if the
Customer decides not to make use of the faculty indicated in para.
8.6 above, Jadshop shall be entitled to withhold the Products and the
sums already received. |
9. |
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Refund times and
procedures |
9.1 |
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After the Customer has returned the
Products, Jadshop checks the conformity of the goods with the
conditions indicated in art. 8 above. In the event of such checks
being successful, Jadshop sends the Customer the relevant confirmation
of acceptance of the returned goods by e-mail. |
9.2 |
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Whatever the form of payment used by
the Customer, the refund procedure is started by Jadshop within 30 days
from when the returned goods are accepted. |
9.3 |
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If the name of the Product consignee
indicated on the Purchase Order and that of the Customer who made
payment are different, the refund referred to in art. 9 shall, in
any case, be made by Jadshop to the latter. |
9.4 |
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The value date of the new credit is the
same as the debit and consequently the Customer does not lose out in
terms of bank interests. |
9.5 |
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Returned goods must be dispatched by
UPS, using the UPS waybill attached to the package
containing the Products. This method enables Jadshop to pay for the
dispatch and to determine at any time where each package is. |
9.6 |
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If the Customer chooses the express
return dispatch procedure, instead of the standard procedure, Jadshop
shall be entitled to withhold the relevant difference from the
refund. |
9.7 |
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In any case, the Parties mutually
acknowledge that Jadshop shall under no circumstances be deemed liable
for any loss or damage to the returned Products. |
10. |
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Force majeure |
| 10.1 |
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Should a force majeure case occur, the
defaulting party shall immediately inform the other Party. |
10.2 |
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Should the force majeure event last
more than one month, each of the Parties shall be entitled to
withdraw from the Contract. |
11. |
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Applicable law |
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The Contract shall be governed by Italian
law. |
| 12. |
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Tolerance |
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Any tolerance of Customer behaviour
constituting an infringement of the Contract shall not be deemed a
waiver by Jadshop of its rights deriving from the infringed provisions
nor of Jadshop's right to demand the exact fulfilment of all the
services due and payment of the damages
suffered.
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BACI & ABBRACCI
