Terms and Conditions
These are the terms and conditions governing the use of this website.
This website is managed by Un Elefantino a Pois di Monego Sara, registered to Registro delle Imprese di Belluno n. BL - 98574, C.F. e partita I.V.A.MNGSRA77M47L736Z, 01144810254. The registered office is located in via Zuel di Sopra 59, 32043 Cortina D’Ampezzo (Bl) Italia.
Before you click on the "Authorize Payment" button at the moment of your account registration, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, do not place an order.
These Terms may be subject to amendment, so you should carefully read them prior to placing any order.
USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the vendor. These Terms are important for both you and us, as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, you unreservedly accept these Terms, having read them.You agree that:
- You may only use the website to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement ).
- If you do not give us all of the information that we need, we may not be able to complete your order.
- By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
SERVICE AVAILABILITYUnelfantinoapois.com sell and send to Italy, Europe and United States.
HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order, you will be required to sign in in the website and accept the Terms before following the shopping process online and press the "Authorize payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us will only be formed when we send you the Shipment Confirmation.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will advise you.
REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances, which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.
YOUR RIGHT TO WITHDRAW
If you are contracting as a consumer, you may withdraw from the Contract at any time within 30 days, as of the confirmation of the dispatch of your order. In this case, you shall receive a full refund of the price paid for the products in accordance with our Returns Policy.
Your right to withdraw from the Contract only applies to products that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
Please take good and reasonable care of the products whilst in your possession, and original boxes, instructions/documents and wrappings should be retained and used for the return of the products.
Subject to availability, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within maximum 30 days of the date of the Order confirmation.
Please remember that our Express Courier BARTOLINI - DPD does not deliver on Saturdays or Sundays.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges.
PRICE AND PAYMENT
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount.
Once you have finished shopping all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
- Click the "Shopping bag" button at the top of the page.
- Click on the "Checkout" button.
- Fill-in or check your contact details, the details of your order, the delivery address and the invoicing address.
- Choose your method of payment.
- Remeber to click on "paga adesso" button in order to complete the payment.
You can pay using Visa, MasterCard, Bank Transfer and PayPal. The charge to your card will be made the moment your order leaves our warehouse.
If you click on "Paga Adesso" your are confirming that the card belongs to you or that you are the legitimate holder of the gift card or the credit voucher card.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
You have up to 10 working days after you have received your delivery to cancel your order. Instead, you can’t exchange a product with another one similar or of different size.
If you wish to return a product(s) within the period specified you can make a return to us by BARTOLINI Courier arranged by us. You should send the product in the same package received by following the directions on the “RETURNS” section of our website.
If you have any doubts you can contact us by email: email@example.com or at the telephone number +39 338 42 56 164 or 0039 0436 3377.
Where possible, please use or include with the product being returned all original boxes, instructions/documents and wrappings.
We will process your refund as soon as possible (and in any case, within 30 days of giving us notice of cancellation). We will refund any money received from you using the same method used to make payment.
You should be aware that you are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents and wrappings when returning the product(s) and returning the product(s) in the same condition as received. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against you for breach of statutory duty.
LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.Nothing in these Terms shall exclude or limit in any way our liability: For death or personal injury caused by our negligence; For fraud or fraudulent misrepresentation; For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by our licensors or us. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Italian law.Measures to take during delivery:
During delivery of your order, it is important to check that your package has not been damaged during transport. This must be done in the presence of the deliveryman. If the packaging of your package and/or the item(s) is/are damaged, you must enter the details of the damage on the Shipper’s Delivery Slip. You can also refuse the delivery. The Shipper’s Delivery Slip will be an important document in case of compensation requests (refunds, exchanges) to Un Elefantino a Pois or the shipping company.
If you notice any damage after unpacking the package, contact our Customer Service within the following 3 days by e-mail firstname.lastname@example.org or by phone +39 338 42 56 164/+39 0436 3377.
In the case you are not at the address indicated on the delivery notes and the deliveryman can't find you neither on the phone number you provided at the moment of registration of the order, we will invoice you the demurage days cost that the Courier will apply. So, please, be sure you'll be at the address indicated at the moment of the order registration.