Conditions of Sale

FOREWORD

This information is provided for https://www.crespimilano.com/ (Site).

Seller Data: Crespi Milano Srl – Via Verdi, 23 23844 Sirone (LC) Italy – PI: IT 06576050964 – Email: info@crespimilano.com (Vendor).

Art. 1 Scope of application

1.1 The Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If it is made possible by the Site, the inclusion of your tax code during a purchase implies that you are acting as a Consumer within the meaning of Article 3, I paragraph, letter a) of the Consumer Code (Legislative Decree September 6, 2005, No 206). Please note that the quality of Consumer is held by the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. If, on the other hand, it is given the opportunity to enter the VAT number (His or that of a legal person), this implies a purchase in the capacity of “Professional”, pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. A natural or legal person acting in the exercise of his or her entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof, holds the status of Professional. The implications of buying as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are intended as business days, thus excluding Saturdays, Sundays and national holidays. Images and descriptions on the Site are intended as indicative only. Colors may differ from the actual colors due to the settings of the computer systems or computers you use to view them.

1.4 The General Terms and Conditions of Sale may be changed at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

1.6 These Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. You should check their terms and conditions of sale before transacting business with such parties. The Seller is not responsible for the provision of services and/or sale of products by such parties. On the websites that can be consulted through such links, the Seller does not perform any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them

1.7 You are responsible for carefully reading these Terms and Conditions as well as all other information that the Seller provides on the Site, including during the purchase process.

1.8 Seller shall in no event be liable to You or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of income or other indirect loss resulting from use of the Site or inability to use the Site. Seller cannot guarantee or represent (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.

1.9 Unless otherwise agreed upon with the Seller, orders cannot be placed on the Site by email. The Seller does not accept orders by telephone, unless otherwise agreed upon with the customer.

1.10 The entirety of any element of the Site is the property of Seller or any third party. Unless specifically consented to in writing by Seller, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site.

Article 2 Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the Seller’s server.

2.2 You agree to notify Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.

2.3 You warrant that the personal information you provide is complete and truthful and you agree to hold Seller harmless and indemnified from any and all damages, compensatory obligations and/or penalties arising out of and/or in any way related to the breach of this undertaking. You agree to notify Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these Terms and Conditions or any regulatory provisions.

2.5 To place orders on the Site, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these General Terms and Conditions of Sale will result in your inability to make purchases on the Site.

2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the party to whom the user addresses his or her order, in order to accept the offer and conclude the contract of sale; (ii) the party who assumes towards the user the obligations of a pre-contractual nature arising from the offer; (iii) the party who concludes the contract of sale with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

2.7 On the Site and in communications with customers relating to the Site, Seller reserves the right to act under its own trade name. Therefore, when either the Seller’s trade name or the first person plural (“We”) is used on the Site and/or in customer communications relating to the Site, the reference is to the Seller in addition to the Site.

2.8 The Vendor makes no guarantee that the Site will be continuously functional and operational. In fact, updates to the CMS platform may occur, which could mean a temporary suspension of service. The Seller assumes no liability whatsoever with reference to any kind of injury or damage that the user may suffer from this circumstance.

2.9 Following your purchase, you will receive an order confirmation email. The order confirmation email will contain, at a minimum, the following information: (i) Seller’s details; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional charges; (v) right of withdrawal or its exclusion; (vi) shipping address; and (vii) means of payment used.

2.10 The colors of the Products on the Site are approximate and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product differs from that expected by the user. You are encouraged to contact the Seller if you have any doubts about the color of one or more of the Products on the Site.

Article 3 Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

3.2 Information about the availability of Products is available on the Site. The availability of Products is continuously monitored and updated. However, since the Site can be visited by several users at the same time, it could happen that several users purchase, at the same instant, the same Product. In such cases, therefore, the Product may be, for a short period of time, available, being, instead, out of stock or not of immediate availability and being for the same necessary to wait for restocking.

3.3 You will be informed if the Product ordered is unavailable. In this case you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:

• If reassignment is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance by the user.
• Where reassortment is possible, an extension of the delivery period, offered by the Seller, stating the new delivery period.

3.4 If a refund is requested for the amount paid for the purchase of Products that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 9 days.

3.5 In the event that You exercise the right of termination, the contract shall be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, shipping charges, if any, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will make a refund of the Total Amount Due in accordance with the provisions of the article “Payment Method” below.

Art. 4 Prices

4.1 On the Site, prices include VAT.

4.2 In addition, prices on the Site do not include the WEEE fee as Products not subject to the relevant regulations are sold.

4.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price shown on the Site at the time you place your order and that no account will be taken of any changes (upward or downward) after the order has been transmitted.

4.4 Whether or not the shipping costs of the Products are free of charge is indicated from time to time (in the purchase process, in the product sheet or otherwise on the Site itself).

4.5 The Seller will ship the Products only after receiving confirmation of authorization for payment or upon credit of the Total Amount Due. Ownership of the Products will transfer to you upon shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

4.6 The purchase contract is terminably conditioned upon your failure to pay the Total Amount Due. Unless otherwise agreed to in writing with You, the order will be cancelled accordingly.

4.7 If there is an error on the price of the Product indicated on the Site, the Seller reserves the right to notify the customer of the correct one even after the conclusion of the purchase order. In this scenario, the customer has the option to accept the new price or to dissolve the purchase contract. The Seller may also cancel the Product purchase contract in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Article 5 Methods of payment

5.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.

5.2 You may purchase on the Site using payment cards. You will be charged only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (in order to meet this criterion, the user must be registered to the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above process may imply the impossibility of finalizing the purchase on the Site. Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without transiting through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The payment cards you accept may be displayed in the footer of the Site and/or as part of the purchase process.

• MasterCard.
• PostePay.
• American Express.
• Visa.

5.3 On the Site it is possible to pay by bank transfer. Bank details can be found displayed on the Site. If payment is not made within 3 calendar days, Seller reserves the right to cancel the purchase order.

5.4 It is not possible to purchase by cash on delivery on the Site, unless otherwise agreed upon with the Seller.

5.5 If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount coupons be converted into cash.

5.6 Any alternative arrangements other than the above are or will be described in this article.

• You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with such account.

5.7 In accordance with the provisions of Legislative Decree No. 26 of March 7, 2023, the prices posted on the Site have not been customized based on automated decisions. Therefore, the prices displayed on the Site are not influenced by the consumer’s previous behavior.

5.8 On the occasion of a price reduction, the Site shall indicate the lowest price applied to the generality of consumers during the 30 days prior to the application of the price reduction. For Products that have been on the market for less than 30 days, the time period to which the previous price refers is indicated. This clause does not apply for “launch prices,” which are characterized by successive price increase announcements.

5.9 If, for any reason, the Seller has to make any kind of refund to you for the purchase of one or more Products, the Seller will make the refund on the same means of payment used by you. Any delays in the refund may depend on the banking institution, type of credit card or payment solution used.

Article 6 Delivery of Products

6.1 Delivery of the Products is expected in: Europe. You may always contact Seller for more information regarding delivery of the Products; for example, to find out if delivery is possibly scheduled to countries other than what is indicated on the Site.

6.2 The delivery obligation is fulfilled by the transfer to You of the physical availability or otherwise control of the Product.

6.3 Delivery time of the Products from order submission: 5 days.

6.4 The term indicated in Article 6.3 is intended as indicative and not peremptory. Therefore, the Seller reserves the right to deliver the Products within the term of 30 days after placing the order. It is up to you to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, you should promptly notify the Seller.

6.5 With reference to the option of requesting delivery of the Products to a “pick-up point”, the Seller informs you that The Site does not offer the option of picking up the Product at a “pick-up point” other than the address you provided during the purchase process. You are, however, encouraged to access the Site regularly to check whether this delivery option is subsequently made available on the Site.

6.6 You acknowledge that collection of the Product is your specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to seek compensation for any damages suffered from the failure to collect the Product.

Article 7 Right of Withdrawal

7.1 You are urged to view this article, which governs the right of withdrawal, with particular attention.

7.2 The right of withdrawal is the Consumer’s right to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.

• Sealed Goods that are not suitable for return for hygienic or health protection-related reasons are sold on the Site. If these Goods have been opened after delivery You lose your right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

7.3 If you are a Consumer (and where no exceptions to this effect apply as provided in this Article) you have the right to withdraw from the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided in this Article within the period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after fourteen days:

• in the case of an order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
• in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
• in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

7.4 To exercise your right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw. To do so, you may write to the Seller at the contact persons listed in the Foreword, or use any contact form on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the notice regarding the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period.

7.5 Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as the responsibility for the transportation of the same. If the right of withdrawal is exercised, the Product must be delivered to the Seller’s premises, or to the different address communicated by the Seller.

7.6 If withdrawal is applicable, the Seller shall proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 30 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier of the Consumer’s choice and expense, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that it has returned the Products, whichever is earlier.

7.7 The Consumer shall only be liable for any diminution in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and operation of the Product. In any event, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

7.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will give notice of this circumstance and of the resulting decreased refund amount, providing, if the refund has already been paid, the bank details for payment of the amount owed by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund.

7.9 This Article governs a very important area and relating to the cost of return in the event of withdrawal. In light of the foregoing, the Seller deems it appropriate to point out to you that the cost of returning the Product will be your responsibility and expense.

The Products must be returned to the address indicated in the “Seller’s Data” section in the Foreword or to the address from time to time provided by the Seller.

Article 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It applies, therefore, only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product which becomes apparent within two years from such delivery. An action to enforce defects not fraudulently concealed by Seller shall be barred, in any event, within twenty-six months after delivery of the Goods.

8.3 Unless proven otherwise, it shall be presumed that conformity defects arising within twelve months after delivery of the Product already existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the conformity defect. On the other hand, as of the twelfth month following delivery of the Product, it shall be the burden of the Consumer to prove that the lack of conformity already existed at the time of delivery of the Product.

8.4 In case of lack of conformity’ of the good, the Consumer has the right to the restoration of conformity’, or to receive a proportional reduction in the price’, or to the termination of the contract on the basis of the conditions established in Article 135-bis et seq. of the Consumer Code.

8.5 The Seller shall not be liable in the event of damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

8.6 If You made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by articles 1490 et seq. of the Civil Code; in particular, the time limit for reporting any defects is 8 days from discovery and the action is prescribed in 1 year from delivery.

Article 9 Manufacturer’s Warranty

The Manufacturer’s Warranty is an additional warranty to the Legal Warranty of Conformity, if any, given by the Seller on the Products. Except as may be indicated on the Site, Products sold on the Site are not covered by the Manufacturer’s Warranty. You may, however, enforce your rights under the Legal Warranty of Conformity governed by the preceding article.

Art. 10 Applicable law and place of jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by the provisions set forth in these General Terms and Conditions of Sale and, to the extent not provided for, by the Italian Consumer Code.

10.2 Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the Court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, on the other hand, the competent court shall be the court where the Seller is based in accordance with the provisions of the Foreword.

10.3 The Seller shall inform the user who has the status of a Consumer that, in the event that he or she has submitted a complaint directly to the Seller, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, the Seller shall provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute itself.

10.4 The Seller also informs the user who holds the status of Consumer that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr. Through the ODR platform the Consumer user will be able to consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.

10.5 The right of the consumer user to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall remain unaffected.

The user who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found at http://www.eur-lex.europa.eu.

Article 11 Customer Service

11.1 You may request information, send communications, request assistance, or file complaints by contacting the Vendor at the contact information listed in the Foreword, or by using any contact form on the Site.

11.2 The Seller shall respond in an approximate time of 2 days.

Art. 12 Reviews

12.1 Pursuant to the provisions of Legislative Decree No. 26 of March 7, 2023, the Site allows the publication of reviews by users. The Seller guarantees that the reviews posted are from consumers who have actually purchased or used the Product. This is because the user receives after purchasing on the Site an email containing a request to post their review on the Site. Therefore, given that the email is not received until after purchase, it is reasonable to assume that the relevant review is attributable to an actual purchase experience on the Site by the user. Among the reviews posted on the Site some may have been solicited, for example by sending a coupon. If so, this circumstance is duly indicated on the solicited review. In addition, reviews originating from sponsorship or relationship with a professional (e.g., influencer) may be posted; this circumstance is also duly disclosed on the relevant review.

12.2 The tool for publishing reviews is Feedaty, from the company Zoorate S.r.l.. More information about this tool can be viewed at www.feedaty.com.

Art. 13 Miscellaneous

13.1 This document governs in its entirety the relationship between you and Seller. The rights and obligations under applicable law from time to time are in any event without prejudice.

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