Section 1 – INTRODUTION
- The sale of the “Avant Toi” branded products concluded remotely through the website www.avant-toi.it (below referred to as the “Site”) is governed by the following General Terms of Sale (below referred to as the “General Terms”).The products offered on the Site are sold directly by Avant Toi (below referred to as “Liapull Srl”). Liapull Srl is an Italian law firm, headquartered in Via Botta – 20125 Milan (MI) – Italy, VAT number, tax code and registration number in the Genoa Register of Companies 03670180102, REA No. 1544087.
- Liapull Srl has created, in parallel with its network of stores, a network of remote sales of some of its products through the Site, proposing a selection of some categories of “Avant Toi” products. The list of “Avant Toi” products offered for remote sale can be found on the Website.
- The remote sale, described in these General Terms, is reserved exclusively for consumers (referred to below as “Customer” or, in the plural, “Customers”). Custumers are understood to be individuals acting for purposes not related to their business, business, craft or professional activity, possibly carried out, greater than 18 years (or, if minors, authorized by their legal representative).
- The languages used for the conclusion of sales contracts through this Site are Italian and English.
- It is forbidden to sell, rent or sell for any commercial or professional purpose of products purchased from the Site.
- These General Terms are published on the Site under art. 12, paragraph 3, of the Legislative Decree 9 April 2003, No 70 (“Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to e-commerce”) and subsequent changes and additions.
- Liapull Srl may modify and/or integrate these General Terms at any time. Therefore, you will be required to accept only the General Terms in force at the time of purchase. Any changes and/or additions will only be effective in relation to purchase orders made after the date of modification and/or integration. The possible elimination of these General Terms from the website www.avant-toi.it implies the automatic and irrevocable inapplicability, ineffectiveness and unavailability to Liapull Srl of the same in relation to purchases made after their deletion from the Site and this even if those General Conditions were still available and/or accessible to the public through other websites other than the one mentioned above.
Section 2 – PURCHASE PROCEDURE
- Each product offered for sale on the Site can be viewed via a link that allows you to view the photographic images of the article, the unit price, the color and the different sizes existing. 1.Information relating to the “Avant Toi” products offered for sale through the Site is provided in accordance with the laws in force and, in particular, articles 49 and 51 of the D.L. 6 September 2005, No. 206, as amended by the D.L. 21 February 2014, No. 21 (below referred to as “Consumer Code”).
- 2. Through the online remote sales service (the “Service”) can be purchased one or more products, without a maximum of units per item, except as otherwise provided in the various stages of the purchase procedure for individual items. Liapull Srl reserves the right to change the limits on the quantities and/or types of products that can be purchased through the Service at all times.
- The customer chooses the items of interest to you. The description of the products that are sold, including the sizes or sizes (if any), together with one or more photographic images in digital format, which allow a correct representation of the products available on the Site, will be included in the Customer’s cart.
- Although Liapull Srl constantly takes measures to ensure that the photographs shown 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 due to the technical characteristics and color resolution features of the computer used by the customer. As a result, Liapull Srl will not be responsible for the possible inadequacy of the graphic representations of “Avant Toi” products shown on the Site if due to the above technical reasons.
- To view the selected items and the overall purchase order price (listed below as “Order”) you need to click on the shopping cart icon. The Customer, before confirming the Order, is required to verify the accuracy of the contents of the cart, to complete the purchase form according to the instructions provided on the corresponding page of the Site and to confirm that they have read and accepted these General Terms (Terms and Terms of Sale).
- The purchase process ends when the customer selects the “place order” option (as follows, “Order Confirmation”). The purchase process must be completed in full.
- If you need to make changes (for example, to the item listed or to the number of items) or to make corrections of any errors in the Order, you must follow the relevant instructions on the Site.
- Following the Confirmation of the Order, the Order will be sent directly to Liapull Srl. The Order will be stored in Liapull Srl’s custody system with its service provider. You can stay up to date on the status of your Order with the update emails that Liapull Srl will send to each update. Subject to any use of the data for purposes other than the purchase, described in the Privacy Statement published on the Site and subject to the quote expressed consent of the Customer, the form containing the Order and the customer’s data relating to that Order will be maintained by Liapull Srl for the period of time provided by the current law.
- At the end of the purchase process, the Customer, will also receive an e-mail message (below referred to as “Confirmation e-mail”), at the address indicated in the purchase form, containing the confirmation of the terms of the purchase (cfr. art. 51 of the Consumer Code), such as: the written confirmation of the ordered product and the indication of the main characteristics of the product, the data related to Liapull Srl shown in art. 12 of these General Terms, the total price of the product, how we pay or any amount already paid by the Customer, the existence of the right of withdrawal and the manner in which it is exercised, the geographical address to make any complaints and information about the service services, the existence of the legal guarantee of compliance of the products, the cost of using the Site, should that cost be calculated on a basis other than the basic tariff.
- Liapull Srl reserves the right to reject Orders issued by a Customer with a legal dispute relating to a previous Order, in which case, no order must be accepted by Liapull Srl and no contract must be concluded between Liapull Srl and the Customer. Liapull Srl reserves, in addition, to refuse orders issued by an unsuitable customer, including, but not limited to, Customers who have committed violations of the general terms of sale during previous purchases of products from the Site or Customers who wish to purchase products for the purposes inherent in their own or other business or professional activities, or do not operate on the basis of an actual and genuine interest in the purchase of the products ordered, or exercise in an abusive manner. 8 or for any other legitimate reason, especially if you have been involved in fraudulent activity of any kind. In such cases, the Order sent by the Customer must be understood to be invalid and effective. Liapull Srl will send to the customer, by e-mail, a communication confirming the non-acceptance of the order and the non-conclusion of the contract, also taking care to cancel any charge and/or expense paid by the Customer. Liapull Srl will inform the Customer of the possible inability to accept the Orders received within 30 days from the date of actual receipt of the same and will reimburse the sums that may have already been paid by the Customer.
Section 3 – PRODUCT AVAILABILITY
- You are informed that all products described on the Site are subject to the availability of the moment.
- Occasionally there may be inconveniences in relation to the availability of certain products. In such circumstances, Liapull Srl will inform you in a timely manner (and in any case within the specified delivery deadlines) by e-mail or telephone and the Customer will be offered the choice between the purchase of an item of the same nature as the one not available or the cancellation of the Order. If you choose to cancel the Order, no charges will be made against the Customer. If the charge has already been made, you will be refunded in a timely manner.
- Avant Toi reserves the right to vary the items placed for sale on the Site at any time, without any notice.
Section 4 – CONCLUSION OF THE CONTRACT
- Following the Confirmation of the Order, the order is sent to Liapull Srl to be fulfilled and cannot be further modified or cancelled, except for the cases expressly covered in these General Terms or those provided by applicable Italian law. The Order issued by the Customer will be taken over by Liapull Srl only if the entire purchase procedure has been completed regularly and correctly, without any evidence of error on the part of the Site.
- The contract between Liapull Srl and the Customer must be concluded when the Customer receives Confirmation E-mails from Avant Toi informing that the Order, sent in accordance with the purchase procedure, has been successful.
- Confirmation of the Order also constitutes proof of the Customer’s acceptance of the provisions in these General Terms.
- The data recorded on the Site is full proof of the details of the transactions between Liapull Srl and the Customer. In the event of a dispute between Liapull Srl and the Customer relating to a transaction concluded through the Site, the data recorded by Liapull Srl will be valid as full proof of the transaction.
Section 5 – PRICE AND METHOD OF PAYMENT
- Product prices include VAT.
- Prices are in Euro (EUR).
- The purchase total includes shipping costs as specified below and shown in the cart.
- Liapull Srl reserves the right to change the prices of the products offered for sale on the Site at any time and without notice. The prices published on the Site at the time of the Confirmation of the Order by the Customer will be charged to the Customer, provided that there is availability at that time of the products ordered.
- Liapull Srl only accepts payments made by credit card or PayPal, AliPay and We Chat.
- For the purpose of payment via PayPal, the Customer confirms and guarantees that he or she owns the PayPal account used for the purchase. The transaction will only be charged to the Customer after the customer has received the Confirmation Email from Avant Toi.
- If, for any reason, the charge of the amounts owed by the Customer proves impossible, the sales process will be automatically cancelled and the sale cancelled.
- Purchased products are shipped only as a result of verification of the data and the actual credit to Liapull Srl’s bank account, in case of payment via PayPal.
Section 6 – DELIVERY
- The products are sent to the address indicated at the time of the completion of the Order and at the time of delivery the signature of the Customer or legal representative is required in the event that the Customer is a minor subject of the 18 years.
- For security reasons, Liapull Srl cannot fulfill any Order addressed to a mailbox or accept any Order in which it is not possible to identify the individual receiving the Order and its address.
- The shipping costs that will be charged to the Customer are expressly indicated, separately from any other cost or expense, at the conclusion of the procedure of filling out the Order and prior to the Confirmation of the Order by the Customer in according to art. 65 of the Consumer Code, Liapull Srl will ask for the customer’s express consent for any additional payment in addition to the cost of the purchase.
- In accordance with the provision in art. 61 of the Code of Consumption, Avant Toi will deliver the purchased products, unless Avant Toi communicates, within the same period, the non-acceptance of the Order or the impossibility of delivering the products ordered as a result of the unavailability of the product., even temporary, of the same. In this second case, Liapull Srl will reimburse any sums already paid by the Customer. If Liapull Srl does not fulfil the obligation to deliver the products ordered within the deadline and in any case within the different period possibly agreed, the Customer may invite Liapull Srl to make the delivery within an additional time appropriate to the circumstances, unless it is one of the assumptions of exemption of the Customer from that burden, as required by art. 61 paragraph 4 of the Consumer Code. The right of the Customer to terminate the contract immediately, in addition to the right to claim damages, if the ordered product is not delivered within the additional deadline indicated.
- For shipments of the ordered products, Liapull Srl reserves the right to split an Order into multiple shipments, depending on the availability of the items. In this case, Liapull Srl will notify you by email or telephone and the price charge will be made separately for the only products actually shipped. In any case, the shipping costs will be billed in full as if it were a single shipment
- The Customer will receive an email when the goods leave the Liapull Srl warehouse. This email will contain a tracking code and an exclusive link that will allow real-time delivery tracking. Avant Toi Customer Service will assist with any possible delivery issues. You can contact Avant Toi Customer Service by e-mail at: firstname.lastname@example.org. In accordance with art. 63 of the Consumer Code, the Customer will assume the risk of the loss or damage of the products ordered, for cause not attributable to Liapull Srl, only when the Customer, or a third party designated by him and other than the carrier, will materially enter possession of such products. It is understood that the risk is understood to be transferred to the customer at the time of delivery of the products ordered to the carrier if the carrier has been chosen by the Customer and that choice has not been proposed by Liapull Srl, except for the customer’s rights to the carrier.
- If the loss or damage of the product is attributable to Liapull Srl, in accordance with applicable regulations, Liapull Srl will replace the product free of charge, at the express request of the Customer to be sent to the e-mail address above.
Section 7 – CONFORMITY OF THE PRODUCTS ORDERED
- At the time of delivery, the products must be checked by the Customer in order to ensure that they correspond to the ordered items and that they do not present any production defects or additional compliance defects. The legal guarantees provided by Italian law apply to the sale of the “Avant Toi” products and, in particular, those provided and regulated by art. 129, 130 and 132 of the Consumer Code, as well as additional conventional guarantees possibly provided to the Customer.
- In the event of production defects or compliance defects, you will be entitled to the restoration, without charge, of the product’s compliance by repair or replacement, unless the required remedy is objectively impossible or excessively burdensome compared to the other. If any of the assumptions provided by art. 130, paragraph 7, of the Consumer Code, you may request a fair price reduction or termination of the contract. It remains in the case that the Customer will waive this right if he does not report the compliance defect to Liapull Ltd within 2 (two) months of the date on which he discovered the defect. The action to enforce the defects not painfully concealed by Liapull Srl is prescribed, in any case, within 26 (twenty-six) months of delivery of the product. In the event of an order cancellation, no charge will be made to the Customer. In the event that the charge has already been made, the customer will be refunded in a timely manner.
- The customer’s request to obtain one of the remedies listed above must be communicated to Liapull Srl via recommended a.r. to be sent to the following address: Via Fra’ Vincenzo da Fiorenzuola 76, 16127 Genoa, Italy and must be anticipated by e-mail, to be sent to the following address email@example.com.
- The customer’s willingness to use the guarantee provided by the Consumer Code to heal the compliance defects of the products purchased can be exercised in the form described above only for defects related to the products purchased on the Site.
Section 8 – LIMITATION OF RESPONSIBILITY
- Outside of cases of dolo or gross negligence Liapull Srl will not be liable to the Customer for direct or indirect or consequential damages that may at the same time result from the purchase of products offered for sale on the Site.
Section 9 – PRODUCT AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
- Liapull Srl guarantees the authenticity and high quality of all the products offered for sale on the Site.
- The “Avant Toi” brand, as well as the set of figurative and non-figurative brands and more generally all other brands, illustrations, images and logos present on the products “Avant Toi”, on their accessories and/or packaging, whether they are registered or not, are and remain exclusively owned by the company Liapull Srl, Italy. Full or partial reproduction, modification, tampering or use of those marks, illustrations, images and logos, for any reason and on any medium, without the express agreement of Liapull Srl are prohibited.
Section 10 – APPLICABLE LAW and DISPUTES
1. These General Terms are governed by Italian law and will be interpreted according to it, except for any different imperative rule, more favourable to the Customer, applicable in the country of habitual residence of the customer himself.
2. In the event of a dispute arising from the interpretation and/or application of these General Terms, the Court of the customer’s place of residence or residence will be competent exclusively and indefinitely, if located in the territory of the Italian State. If the client’s residence or residence is located in a territory other than the Italian State, the Customer may take the court of his place of residence or residence or the Court of Genoa, as his choice.
Section 11 – CONTACTS
1. For any complaint, further information or assistance related to the Site or purchase procedure and, in any case, for any request for information and/or clarifications regarding the terms of these General Terms, Customers will be able to send an e-mail to the following address: firstname.lastname@example.org