Terms and conditions of use

Termini e condizioni

1. OBJECT

These Terms of Use (hereinafter referred to as "CONDITIONS") govern the contract (hereinafter referred to as the "CONTRACT") for the sale of the products (hereinafter "PRODUCT" or "PRODUCTS") offered by RAPHAEL S.r.l. - based in Bari, at Via Dante Alighieri no. 24, CF / VAT ID 00907870729, registered at REA Bari no. ________ (hereinafter referred to as "RAPHAEL") - through its website www.raphael1966.com (hereinafter "SITE") to SITE users (hereinafter referred to as "CUSTOMERS" or "CUSTOMER").

Access to and use of the SITE requires the reading, knowledge, and acceptance of these Terms of Use as well as the Privacy Policy section and their mandatory. If CUSTOMER does not agree, in whole or in part, with the RAPHAEL Terms of Use, you are not invited to use the SITE.

The products on sale on the SITE are intended for the Final Consumer. For Final Consumers is a natural person who acts for purposes other than his / her business or professional activity.

RAPHAEL therefore invites users who are not attributable to the Final Consumer category to refrain from trying to establish commercial relations with the same, as well as from posting orders for the purchase of goods for sale through third parties.

These Terms are subject to the rules contained in the D.lgs. 6 September 2005, no. 206 ("Consumption Code") and, in particular, to the provisions of Section II of the Consumer Code on distance contracts.

2. CUSTOMER REQUIREMENTS

To make orders on RAPHAEL CUSTOMERS must:

- Being a "final consumer" as defined in the previous article.

- Have at least 18 years.

- Possedere i requisiti richiesti per stipulare contratti legalmente vincolanti.

- Avere un indirizzo email valido

- Possedere una carta di credito valida per il pagamento: Visa, MasterCard o un account Paypal verificato o un conto bancario.

3. EFFECTIVENESS AND MODIFICATION OF CONDITIONS

3.1 The CONDITIONS are published on the SITE to be easily read and known by the CUSTOMER before purchasing a PRODUCT. The CUSTOMER must accept the CONDITIONS at a time prior to the forwarding of the purchase order, and may possibly store them on his computer and reproduce them on paper by printing the file in which they are contained.

3.2 The CONDITIONS applicable to the sale of the PRODUCTS are those published on the SITE at the date of the order relating to the PRODUCTS; so that the CUSTOMER will have to carry out the operations described above before proceeding to any purchase.

3.3 Some sales campaigns, based on the specific nature of the products, may be subject to particular sales conditions in addition to these CONDITIONS. These special conditions will always be included and accessible through a special link. The CUSTOMER, in addition to these CONDITIONS, must necessarily also accept the aforementioned Special Conditions, to complete the purchase of the product related to these particular sales campaigns.

3.4 The mere tolerance or non-contestation by RAPHAEL of any non-fulfillment by the CUSTOMER with respect to the contents of the CONDITIONS cannot be interpreted as a tacit acceptance of such defaults, nor as a desire to derogate from what was agreed between the parties.

3.5 RAPHAEL may modify or simply update, in its sole discretion, in whole or in part, these CONDITIONS. Changes and updates to the TERMS will be communicated to users through a notice published on the SITE Home Page, and will be binding as soon as they are published in this section. Therefore, you are requested to regularly access this section to verify the publication of the most recent and updated CONDITIONS.

3. PROCEDURE CONCERNING THE CONCLUSION OF THE CONTRACT

3.1 The PRODUCTS offered on the SITE are subject to their actual availability.

3.2 The CUSTOMER who intends to purchase the PRODUCTS must express this desire through a request made through the SITE, in the dedicated section; So that he, following the procedures indicated therein, will send his purchase order and make the payment according to the procedures described below. The CUSTOMER can view and know the offers of the PRODUCTS, including the essential features of the PRODUCT and the price; He will also be able to view the photographs of the PRODUCT, which are for illustrative purposes only. The CUSTOMER may choose the PRODUCT to be purchased, which, once selected, will automatically enter the section called "Shopping Cart". In this section it will be possible for the CUSTOMER to know before the purchase and payment, the shipping costs and delivery times. In order to confirm the order, the CUSTOMER will enter the shipping address and any other useful payment information, including details of the payment method chosen and, if applicable, the credit or debit card. Paypal account. These data can be modified up to the end of the order, executable by clicking on the "Buy" button. Payment can be made in the forms indicated in the following article.

3.3 In the case of multiple orders, there will be many contracts stipulated as are the ordered products. The effectiveness of each contract is subject to the effective availability of the PRODUCT, as specified in the following art. 5.

3.4 RAPHAEL does not charge commissions or charge commissions for access to the SITE. CUSTOMER EXPENSES ARE EXCLUSIVELY AVAILABLE ON THE INTERNET, AS ADDRESSED BETWEEN THE CUSTOMER AND OUR Internet Provider, remaining RAPHAEL totally unrelated to this relationship.

3.5 After receiving the purchase order, RAPHAEL will send to the CUSTOMER the receipt of the order, in Italian, containing a summary of the content of the sales information and will proceed with the purchase order, provided by the following art. 4.2.

4. PAYMENT METHODS

The forms of payment accepted by RAPHAEL are as follows:

- Credit card: at the time of purchase, the CUSTOMERS enter the details of their credit card through the Pay Pal system.

You can make payments using Visa and Mastercard.

If the existing funds are sufficient for the purchase and the bank details provided are valid, confirmation of the transaction will be sent immediately.

- Paypal payment: choosing the Paypal payment method, the customer can pay directly through his Paypal account. RAPHAEL reserves the right to ship the goods to the address indicated on the PayPal account.

5. RIGHTS AND OBLIGATIONS OF THE RAPHAEL

5.1 RAPHAEL, without prejudice to the provisions of art. 4 and the following art. 5.2, undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, through the courier responsible for their transport. RAPHAEL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. RAPHAEL will also be held responsible for any damage that may have occurred to the Products after delivery to the carrier responsible for their transportation, as well as for delays in delivery to the importer.

RAPHAEL delivers worldwide. Delivery is by express courier; They are not considered valid addresses for the delivery of PO boxes.

5.2 RAPHAEL reserves the right to inform the CUSTOMER within 15 days from the purchase order, from the e-mail address associated with its account, from the unavailability of one or more purchased PRODUCTS. In this case, RAPHAEL will pay (on the payment card or PayPal account for the purchase) the price and shipping costs (where the purchase was only for the PRODUCT not available). Only in accordance with the CUSTOMER and with the consent of the latter, exclusively on the proposal of RAPHAEL, the latter can send a different PRODUCT from the one ordered, of equivalent value.

However, the unavailability of one or more ordered products will not give the CUSTOMER the right to cancel the entire order.

5.3 RAPHAEL will be able to carry out promotional campaigns in order to promote sales of its products on the SITE.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to RAPHAEL and requested by the latter through the SITE, and undertakes to promptly communicate any changes to the data entered.

6.2 Upon confirmation of the purchase order, the CUSTOMER declares: a) to have read, understood and accepted the CONDITIONS; B) to authorize RAPHAEL to process the personal data communicated at the time of purchase, to perform any act necessary for processing the payment according to the methods indicated and to execute the CONTRACT.

6.3 The CUSTOMER undertakes, upon completion of the purchase procedure on the SITE, to provide both an electronic copy, a print of the purchase receipt and the CONDITIONS for their storage.

6.4 In case of payment by credit card, the CUSTOMER undertakes to send within 24 hours a copy of the identity document proving the actual possession of the credit card used, if expressly requested by RAPHAEL, to be aware that, of the requested shipment , RAPHAEL can refuse payment and cancel the order. The purchase receipt corresponding to the order will be displayed on the SITE via the "Your order" section or via email.

6.5 Upon delivery of the PRODUCTS to the CUSTOMER by the courier responsible for their transport, the CUSTOMER will verify, in the presence of the courier:

a) that the quantity and type of products ordered corresponds to what is indicated in the transport document;

b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials.

Any anomalies or disagreements must be challenged immediately by the courier upon receipt of the Products by their indication in the delivery note and in RAPHAEL.

6.6 For any type of assistance or complaint relating to the PRODUCTS purchased, the CUSTOMER must contact RAPHAEL at the addresses indicated in the following "Communications" section.

7. WARRANTY

7.1 RAPHAEL, in relation to the PRODUCTS purchased by the CUSTOMER, will be responsible for compliance with the terms and conditions set forth in art. 128 et seq. Of the legislative decree 206/2005.

In particular, in the event of a lack of conformity, the CUSTOMER will have the right to obtain a replacement replacement product, or a refund of the price. In particular, upon receipt of the complaint, if the CUSTOMER requests the replacement of the non-compliant product, RAPHAEL will check the availability of the replacement product (based on the order details) and, in the event of non-availability, to -Author to the CUSTOMER the whole consideration In addition to shipping costs. The CUSTOMER can directly request the return of the product price (and shipping costs), in the cases provided for by the seventh paragraph of the art. 130 of Legislative Decree n. 206/2005.

7.2 The rights deriving from the legal guarantee of conformity can be exercised after the verification of the existence of the disputed defect and upon presentation by the CUSTOMER of the receipt of delivery received and indication of the order number. The costs relating to the return of the PRODUCTS following the exercise of the guarantee will be borne by RAPHAEL.

7.3 The Legal Compliance Statement applies only to defects not arising from the use of the PRODUCT.

8. RIGHT OF WITHDRAWAL

8.1 The CUSTOMER has the right to terminate the Contract without penalty and without specifying the reason for receiving the order confirmation sent by RAPHAEL no later than ten working days from receipt of the goods to the address indicated for delivery.

It is the complete proof of the receipt the date on the delivery note, which - at the request of RAPHAEL - will be exhibited by the CUSTOMER.

8.2 The CUSTOMER can exercise the right of withdrawal through a communication made to RAPHAEL at info@raphael1966.it.

8.3 If the PRODUCT has already been delivered, the CUSTOMER is required to return it to RAPHAEL. To that purpose:

- the deadline for returning the PRODUCT is ten days from receipt of the Product; Full proof of the date on the delivery document. In order for the deadline to expire, the PRODUCT is intended to be returned upon delivery to the accepted post office.

- If the PRODUCT has been delivered, the substantial integrity of the PRODUCT to be returned is a prerequisite for exercising the right of withdrawal.

- The clothes must not have been worn, washed or altered and must not show any signs of use.

- Each item must be returned including all the original labels, packaging, boxes and accessories received with the order.

- The costs of returning the goods to RAPHAEL are charged to the CUSTOMER, who must send the PRODUCT duly packaged and packed; RAPHAEL does not accept to be damaged, but kept in a normal state of conservation, kept with the use of normal care. The CUSTOMER must insert a copy of the delivery document inside the box.

8.4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these Conditions, RAPHAEL will reimburse the amounts paid by the CUSTOMER on the payment card or on the PayPal account indicated by the same for the purchase. Refunds will be made free of charge within thirty days from the date on which RAPHAEL became aware of the CUSTOMER's right of withdrawal.

8.5 The right of withdrawal governed by these CONDITIONS does not apply to personalized or clearly personalized products or products which by their nature cannot be returned or are liable to deteriorate or expire rapidly, as well as the PRODUCTS intended for intimate use by the person.

8.6 In the event that the Customer receives defective goods, or if there are errors in shipments by RAPHAEL, it is necessary to follow the same instructions as above. RAPHAEL reserves the right to request photographic evidence before authorizing the return of defective goods and to cover the shipping costs for returning the goods to their premises.

8.7 All returned items are subject to inspection by RAPHAEL and must comply with all the parameters listed in the Return Procedure. RAPHAEL reserves the right to charge 10% of the value of the returned goods, or refrain from reimbursing the price and return the PRODUCT to the CUSTOMER in cases where the return does not comply with all the terms and conditions. Conditions set in these terms.

9. USE OF THE SITE AND CONTENT

9.1 The product descriptions and images on the SITE correspond to those made available by RAPHAEL and its suppliers. The photographs and all the videos presenting the PRODUCTS with descriptive information are published on the SITE as an illustration, given that the quality of the images (for example in terms of exact color or resolution) may depend on the Software and IT tools used by the CUSTOMER at time of connection to the SITE.

9.2 RAPHAEL assumes no responsibility for problems caused to the CUSTOMER by the use of the WEBSITE and the technologies used as they are not dependent on its own will, such as, but not limited to:

errors, delays or inability to access the SITE from the CUSTOMER even during the execution of the sales procedure;

b) errors, delays or impossibility in receiving and transmitting, from the CUSTOMER, communications made by RAPHAEL and in relation to it, in relation to the conclusion of the CONTRACT.

9.3 Access to and use of the SITE, including the display of Web pages and communication with RAPHAEL, are activities performed by CLIENTS exclusively for personal use unrelated to any commercial, commercial or professional activity.

The CUSTOMER is the one and only responsible for the use of the SITE and its contents. RAPHAEL will not be held responsible for any use that does not comply with applicable law, which users make of SITE and its contents.

In particular, by way of non-exhaustive example, the CUSTOMER is the only person responsible for communicating incorrect, false or related information and data to third parties without their consent and in view of their incorrect use.

9.4 The content of the site may be inaccurate or rejected. RAPHAEL can in no case and for no reason be held responsible for any inaccuracies, errors or damages caused or deriving from the trust created by the CUSTOMERS on the basis of information obtained from or through the SITE. The user will be solely responsible for evaluating the information and content obtainable via the SITE. The SITE and all information and contents published therein may be changed at any time, from time to time and without notice.

10. DECLARATION OF RESPONSIBILITY

10.1 Since any material will be downloaded or otherwise obtained through the use of the customer's choice and at the risk of the CUSTOMER, any responsibility for any damage to computer systems or loss of data resulting from any action or operation performed by the user falls on the user AND cannot be charged with RAPHAEL. RAPHAEL declines all responsibility for any damage deriving from the impossibility of accessing the services on the site or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, network, provider or telephone problems and / or telematics, unauthorized access, alteration of data, malfunction or faulty operation of the user's electronic equipment.

10.2 RAPHAEL publishes information on its website in order to provide a service to its CUSTOMERS, but does not accept any responsibility for any technical or factual inaccuracies and / or material and / or publication errors for which it is envisaged that they follow User reporting , immediate correction.

10.3 RAPHAEL does not provide any guarantee regarding the compliance of the information published on its website with the laws of the customer's country of residence, if the latter does not reside in Italy.

10.4 The CUSTOMER is responsible for the safekeeping and correct use of his personal information, including the credentials for access to reserved services, as well as for any harmful or prejudicial consequences that RAPHAEL and third parties may suffer as a result of use, loss or use incorrect. subtraction of such information.

10.5 RAPHAEL has taken all possible measures to prevent the publication on the website of contents describing or representing scenes or situations of physical or psychological violence or such that, according to the sensitivity of the users, can be considered prejudicial to civil convictions, Rights human and human dignity, in all its forms and expressions. In any case, RAPHAEL does not guarantee that the contents of the SITE are appropriate or lawful in other countries outside Italy. However, if such content is deemed illegal or illegal in some of these countries, you are invited to resident users to avoid access to the SITE and, in any case, to access it, they must be aware that the use will decide to provide services provided by RAPHAEL will be their exclusive and personal responsibility.

10.6 RAPHAEL can also not guarantee the CUSTOMER malfunction due to the Internet connection. Although RAPHAEL will try to do everything possible to ensure continuous access to the SITE, as the Internet and its contents continue to change, RAPHAEL may not allow RAPHAEL to operate without suspensions, interruptions or discontinuities due to the need to update the SITE.

10.7 RAPHAEL declines all responsibility for any malfunctions related to the deactivation of cookies in the user's browser.

10.8 Notwithstanding the foregoing, RAPHAEL will in no case be liable for any damage resulting from the use or inability to use the website, and the contents and information contained therein.

11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTSE

11.1 RAPHAEL informs that the SITE, as well as all the brands and distinctive signs used by RAPHAEL in connection with the sale of PRODUCTS, are protected by intellectual and industrial property rights, including the property of third parties; Therefore, any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the SITE, the trademarks and distinctive signs used by RAPHAEL (such as, but not limited to,, Works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, features and design of the SITE).

11.2 RAPHAEL assumes no responsibility for the brands and other distinctive signs that appear on the products it sells on the SITE, in relation to which the CUSTOMER does not acquire any rights following the conclusion of the CONTRACT.

12. COMMUNICATIONS

For any communication you can contact RAPHAEL at the following addresses:

info@raphael1966.com

13. APPLICABLE LAW

13.1 The law applicable to the sale of PRODUCTS is Italian law.

13.2 Any disability of the individual clauses of the CONTRACT or CONDITIONS will not imply the invalidity of the entire CONTRACT or CONDITIONS.

14. JURISDICTION

For any disputes that may arise between RAPHAEL and its CLIENTS regarding the application and interpretation of these Conditions and the execution of the CONTRACT, the Bari Court will be exclusively liable.


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