GENERAL TERM AND CONDITIONS OF SALE
Alessandra Colombo S.r.l., with registered office in Viale Regina Giovanna 9, 20129 Milan (MI) and VAT number 11665200967, registered in the Milan Company Register at n° MI–2617719 ("Alessandra Milano") with share capital: € 20,000, offers to its customers through the Site www.alessandramilano.it (the "Site" or the "e-commerce") the sale of Products with the Alessandra Milano brand (the "Products"). These General Terms and Conditions of Sale (the "Conditions of Sale") govern the offer and sale of Products between Alessandra Milano and the Customer, on the aforementioned website.
The terms and expressions listed below have the following meaning (bearing in mind that the terms defined in the singular are also defined in the plural and vice versa).
Website or e-commerce: the virtual platform accessible at the URL www.alessandramilano.it owned by Alessandra Colombo S.r.l.
- Account: : it indicates the e-commerce section for the Customer's use only.
- Consmer: any natural person operating on the e-commerce for purposes unrelated to entrepreneurial, commercial, artisanal or professional activities and who in the Contract acts for purposes unrelated to her or his commercial, industrial, artisanal or professional activity.
- Client: any Consumer purchasing one or more Products through the e-commerce and who accepts the Contract.
- E-commerce:it indicates the virtual online store available at the URL www.alessandramilano.it through which the Products can be purchased by the Customer.
- Parties: Alessandra Milano and the Customer jointly.
- Products: indicates the items offered in the e-commerce which are to be sold.
These General Terms and Conditions of Sale (hereinafter, GCS) regulate Customers’ purchase of Products through the e-commerce and apply to the contractual relationship between the Parties (hereinafter, the Contract). Consequently, every aspect of purchases on the e-commerce (including payment, shipping, delivery and any returns and refunds) are governed by these GCS, which are considered to be known and accepted with the confirmation of every order, using the Site’s tools; therefore, the Consumer is required to read these GCS carefully.
In the event that the Customer does not agree with one of the clauses contained within these GCS, it will not be possible to proceed with the purchase of the Products.
Alessandra Milano offers its Products for sale exclusively to Consumer Customers, pursuant to the definition at article 3 of the Consumer Code. If the Customer is not a Consumer, she or he will be required to refrain from carrying out any commercial transactions using the e-commerce.
It is therefore the exclusive and unquestionable right of Alessandra Milano not to accept and/or not to execute orders from subjects who do not fall within the aforementioned category of Consumer Customer, without this resulting in any penalty and/or indemnity attributable to Alessandra Milano in relation to orders not accepted and/or not executed for the above reason.
To proceed with the purchase of one or more Alessandra Milano Products, you must be at least 18 years. The Products on the Site can be purchased and can only be shipped to countries belonging to the European Union, Vatican City, San Marino, the Principality of Moncao, Switzerland, the United Kingdom, the United Sates, the United Arab Emirates, Japan, Korea, Brazil and Mexico.
Order procedures used in countries which are not included in the aforementioned list will not be accepted.
Customer Requirements and Limitations
In order to purchase the Products using the e-commerce platform, the Customer must be of age and must be the holder of a credit/debit card, amongst the ones listed below (paragraph on “Prices”) which are also authorised by Alessandra Milano’s e-commerce.
Alessandra Milano reserves the right to limit, refuse or interrupt the access of any User to the e-commerce or to its services, without notice at any time and at its sole discretion.
The terms and conditions of sale (inter alia: price, availability, possibilities to order, delivery times and return policy) may vary in relation to specific geographical areas. Alessandra Milano therefore does not guarantee that all its Products and services are available under the same terms and conditions of sale all over the world.
Purchase Procedure and Order Approval
The presentation of Products on the e-commerce of alessandramilano.it invites the Customer to present (by means of the relative order) a purchase proposal under the conditions indicated on the Site for each product and governed by these GCS (which will appear in the published version of the e-commerce when the customer is making the order). The Products’ presentation on the e-commerce of alessandramilano.it does not constitute an offer to the public.
To purchase the Products provided by the e-commerce, the Customer can place them in the virtual shopping cart and finalize the purchase by creating a personal profile, or alternatively proceed as an unregistered User.
The customer who decides to register must fill in and send the specific form accurately through the electronic tools provided, indicating her or his personal information in the appropriate fields. Registration on the e-commerce will only be effective when the Customer receives the registration confirmation e-mail, containing the link to access the personal account.
Once this procedure is completed, a personal profile will be created for the Customer, who will be able to view her or his purchases and the progress of the orders, as well as check the whislist and change her or his credentials.
The registration credentials, as well as access to the Account, must be used by the Customer only and not by third parties. The Customer must promptly contact Alessandra Milano in the event of suspected misuse, unauthorized or prohibited access to their Account. The Customer guarantees that the personal information provided during the registration process is complete, truthful and up to date. The registered Customer has the possibility to continue browsing the Site and to conclude the purchase at a later time by accessing the virtual shopping cart; the order status can be checked directly from your personal profile.
In case of failure to register, the purchase must be concluded when having chosen the products. In this case, the progress of the order can be verified directly by e-mail, by sending an e-mail to Customer Service at email@example.com.
In order to proceed with the purchase, the Customer must select the preferred products and, if available, the products’ characteristics (size, color, material, etc.) which will be added to the virtual shopping cart.
Simultanteously, the Customer, having accepted these GCS in the Italian or English language version, must provide and confirm all the relevant information in order to conclude the purchase of the selected Products (i.e..: the main characteristics of the Product; the price and payment methods, including taxes and duties; the shipping and delivery methods, including additional costs for delivery methods diffrerent from standard delivery; the guarantees; the right of withdrawal).
The Customer will therefore be directed to the page of the Site containing the summary of the order, the chosen payment method and the delivery and billing details, which constitute a binding contractual purchase proposal addressed to Alessandra Milano, for the Products listed in the cart. The Products are each considered individually.
Following confirmation of the above details, the Customer will be able to validate the purchase using the appropriate confirmation function "proceed with the order", the activation of which will redirect navigation to the page owned by the manager of the selected payment method (Shopify Payments - Paypal).
Confirmation of Alessandra Milano’s acceptance of the order will only take place following a positive outcome of the transaction. It is the Customer’s sole responsibility to enter the correct data, which will then be required both for billing and shipping purposes. It is also necessary that the amount being charged is authorised by the company issuing the credit card being used by the Customer for the purchase of one or more products, and the purchase cost will only be charged to the Customer after these checks.
Once the payment procedure has been completed with a positive verification of all details, the order will be concluded for all purposes and the Customer will receive a confirmation to their e-mail address previously provided, containing the summary of the order and the data relating to the Products purchased, the price, the payment method used and delivery conditions. The refusal and/or failure to conclude the transaction by the payment method’s owner, for whatever reason, constitutes an impediment to the conclusion of the order and frees Alessandra Milano from any obligation deriving from the Customer's order, which will then be understood as not being finalised.
Once the purchase procedure has been completed, it will no longer be possible to make any changes and/or cancel the order.
The Customer is required to fill in all the fields with the data requested in the various forms of the purchase procedure, including their name, surname, billing and shipping address (if different), e-mail address and useful data for the payment.
In compiling the data, the Customer must keep in mind that the billing address and the shipping address must be within the same country, even if the two addresses differ.
On the Site, only original products marked by the Alessandra Milano brand are displayed for sale. Each Product presented on the Site is accompanied by a card which contains the essential characteristics of the product, together with one or more reference images, the unit price and an indication of the sizes and colors available at the time of order.
The images of the Products on the Site are extremely illustrative; these images and their colors may not correspond perfectly to the real ones due to specific color reproduction and/or image definition related to the internet browser used and/or to the monitor used by the Customer, as well as for other technical reasons. Alessandra Milano is in no way responsible for any discrepancy of the Products delivered with respect to their graphic representations displayed on the Site, due to one or more of the aforementioned causes.
The Customer acknowledges that the stocks of Products offered on the Site are limited. Alessandra Milano undertakes to guarantee the availability of all the Products offered on the Site and to promptly update the information relating to any restocking or unavailability of individual items.
The Customer undertakes to pay Alessandra Milano the full price shown in the purchase order, within the times and methods indicated and accepted on the e-commerce. Prices include VAT, if due, and any indirect taxes (if applicable). Any other tax or cost, including customs duties or other taxes if applicable, are the sole responsibility of the Customer.
The prices of the Products to be sent to the United Kingdom are expressed in GBP (£), those available for the United States are in USD ($) and the products to be sent to Italy, to countries of the European Union and in all other States which are not specifically indicated here are expressed in EUR (€).
Alessandra Milano reserves the right to change, at any time, the prices of the Products and the shipping and delivery costs, by indicating this on the Site. However, any changes will not apply to contracts already concluded before such changes.
Payments can be made by credit or debit card or via PayPal under the following conditions: If payments are made by credit or debit card, the Customer will be redirected directly to Shopify Payments, a protected site in charge of managing payments on behalf of Alessandra Milano, which undertakes to treat the Consumer data with the utmost protection. Orders will be processed by Alessandra Milano only at the end of the payment procedure. Confirmation of orders will then be promptly communicated by Shopify to Alessandra Milano. The credit or debit cards accepted for payments are: VISA, MASTERCARD and AMERICAN EXPRESS.
If the payment method chosen is PayPal, the Customer will be able to access an absolutely secure online payment method through which she or he can finalize the payment of the selected order by directly accessing her or his PayPal profile. Data relating to the customer's account and credit or debit card will be managed directly by PayPal, which will promptly notify Alessandra Milano of the payment made by the customer.
All Products are supplied with an identification tag containing an identification number which is an integral part of the selected Product. The Customer must not remove the identification tag and its identification number from the Product until it has verified that it complies with the order and therefore has decided not to exercise the right of withdrawal which is governed and set out below.
Terms of Payment
In any of the stages of payment Alessandra Milano will be able to know the information relating to the Customer's credit card, which is processed via a secure connection directly to the owner of the payment method. No electronic archive of Alessandra Milano will retain such data and therefore Alessandra Milano cannot in any event be held responsible for any fraudulent and improper use of credit cards by third parties upon payment.
Alessandra Milano will request to be made aware of this information only with the aim of completing the procedures relating to the purchase or to issue refunds in the event of any returns of the Products, following the exercise of the right of withdrawal by the Customer. Alessandra Milano may also request to be made aware of this information if it is necessary to prevent or report to the police any form of fraud on the Site.
Shipping and Delivery
Before completing an order, the Customer must select the chosen shipping and delivery method. Depending on the choice made and the chosen destination, delivery times may vary but the estimated delivery date (to be considered as merely indicative) will be indicated during the purchase process, before confirming the order.
Alessandra Milano will send the Customer a confirmation e-mail as soon as the Product is passed on to the courier. The customer will be able to track delivery according to the methods already indicated.
The ordered Products will be shipped to the address provided by the Customer during the purchase procedure. For security reasons, Alessandra Milano does not send any order to PO boxes or accept any order where it is impossible to verify the identity of the recipient of the order and the address of such.
Shipping costs for deliveries within the EU are borne by Alessandra Milano; shipping costs to non-EU countries will be partially borne by Alessandra Milano, who will charge the Customer only the sum of €15.00 for each shipment, in addition to the purchase price.
Legal Guarantee for non-compliant Products and right of withdrawal
Each Product sold through the e-commerce platform is subject to legal guarantee provided directly by Alessandra Milano in accordance with the law.
Pursuant to and for the purposes of the European Directive 44/99/EC and the Consumer Code (Legislative Decree 206/2005), Alessandra Milano guarantees that the Products sold on the e-commerce comply with their description, as appearing on the Site, and guarantees the absence of defects, also in relation to the raw materials used, which may make the Product unsuitable for use or substantially decrease its value.
The Products sold through the e-commerce are made with artisanal methods and using natural materials; possible differences in colour, tone, size and weight between the individual Products and between these and their representation and/or description on the Site are all inherent to their craftsmanship.
In the event of an existing defect which renders the Products unsuitable for use or substantially decreases their value, the Customer may request to Alessandra Milano, at her or his own discretion, to repair or replace the Product, in both cases free of charge, unless the requested repair is objectively impossible for Alessandra Milano, or excessively burdensome, expensive or disproportionate when compared to the other. A slight defect, for which it has not been possible to carry out repairs or replacements, or for which such remedies would have been excessively expensive, does not in any event provide the right to terminate the Contract.
Alessandra Milano will be held responsible in the event that the defect, as identified and described above, becomes known within two years from the delivery of the Products. The Customer retains the rights governing the sale of the Product under the applicable national legislation and such rights are not affected by the warranty.
The warranty must be provided directly by the Customer under penalty of forfeiture - within two months from the discovery of the defect - by sending an email to the email address firstname.lastname@example.org and attaching the return form, which is found in the section Legal Area – Forms, and including as a subject “Return form for non-compliant product”. The Customer is therefore required to keep the purchase receipt.
Alessandra Milano will send an email to the Customer, acknowledging the return request and providing a return reference to be communicated to the DHL Express courier, in order to book the shipment’s return. The Customer can book the shipment by contacting the courier at the number provided in the email containing the tracking number, and therein also providing the return number and address indicated at the end of the paragraph. In the event of a return due to a defect only attributable to one individual shoe, the Customer must return the entire pair of shoes which the defective shoe is part of.
After having communicated an existing defect, Alessandra Milano reserves the right to verify the actual defect of the product reported by the Customer and, in light of having found an effective defect, will endeavor to offer approrpriate remedies, and will otherwise proceed with the return.
As in all the cases indicated above, the costs of collection and delivery of goods will be borne by Alessandra Milano, except where the return request for non-compliance is unfounded.
Hiwever, Alessandra Milano invites the Customer to contact Customer Service directly at the email address email@example.com to resolve any form of issue.
Right of Return for Change of Size
The Customer can return the purchased Products even when the size selected is not correct.
This procedure must be carried out no later than 15 days from receipt of the Product or Products for which the return is to be made. Any request made after this deadline can therefore be refused by Alessandra Milano, without any charge or penalty.
The Customer returning the Products for a change of size must download the form called “Return for Change of Size”, which can be found in the Section Legal Area - Forms, and which must must be completed in its entirety and included as an attachment in an email to be addressed to firstname.lastname@example.org, indicating as as subject “Return for Change of Size”.
Alessandra Milano will respond to the Customer with an email acknowledging the return request and providing a return number to be communicated to the DHL Express courier in order to book the return shipment.
The Customer can book the shipment by contacting the courier at the number provided in the email containing the tracking number, and therein also providing the return number and address indicated at the end of the paragraph.
The shipping costs for the first return for change of size are fully borne by Alessandra Milano for all countries included in the European Union, whilst for other countries costs amount to € 15.00. For any subsequent returns, the costs of collection and shipping will be charged to the Customer.
The Product to be returned must be returned in the same conditions in which it was received; Alessandra Milano will therefore not accept returns of used, damaged, dirty or altered Products, also in relation to additional items such as the original packaging, labels, tags and packages, instructions, notes, manuals and warranty certificates, which must all be present and intact inside the packaging. All products linked to the same purchase order, which are intended to be returned for a change of size, must be returned to Alessandra Milano in a single shipment.
The Products must be returned to the following address: Vigens S.r.l., Via Umberto Giordano 10, 27029, Vigevano
Right of withdrawal
Pursuant to and for the purposes of article 59 of the Consumer Code, in case of change of mind or in case you may find yourself not appreciating the purchase, the Customer has the right to withdraw from the Contract, without any penalty or obligation to provide a reason, within 15 (fifteen) days from the time of delivery of the Product. In case of purchase of several Products through a single order, the term of 15 (fifteen) days starts from the date indicated on the delivery receipt of the last Product purchased. Following this deadline, any requests sent to Alessandra Milano by way of communication from the Customer will be rejected by Alessandra Milano without any charge or penalty.
The right to withdraw from the Contract must be exercised by the Customer by sending to Alessandra Milano an email to email@example.com, with an explicit declaration containing the intention to exercise the right to withdraw from the Contract, as well as the order number relating to the Contract from which she or he intends to withdraw from. In order to exercise the right of withdrawal, the Customer must then fill in the appropriate “Withdrawal Form” available in the Section Legal – Forms, to be attached to the email containing the withdrawal declaration. Alessandra Milano will send to the Customer an email taking charge of the withdrawal request and providing a return number, which is to be communicated to the DHL Express courier in order to book the shipment. The Customer can book the shipment by contacting the courier at the number provided in the email containing the tracking number, and therein also providing the return number and address indicated at the end of the paragraph. The right of withdrawal will complete on the condition that, within the timeline of 15 (fifteen) days indicated above, the Customer entrusts the shipment of the Products to the courier.
In the event of withdrawal, Alessandra Milano will refund the Customer the purchase price of the Products by no later than 15 (fifteen) days from the date on which she or he received the Product or Products of withdrawal, subject to the successful verification of their integrity (including original packaging, labels, tags, packaging, instructions, notes, manuals and the warranty certificate) at the time of delivery. Refunds will be sent using the same payment method used by the Customer for the purchase transaction.
In any event, the Customer remains responsible for the integrity of the Products in her or his possession.
Any Customer exercising the right of withdrawal in any way which does not comply with the conditions set out in this section will not be entitled to any refund and will receive in return, at her or his expense, the products returned to Alessandra Milano. Furthermore, the doctrine of the right of withdrawal will not be applicable in the event that the withdrawal form has not been completed correctly by the Customer, or if the Products (including the original packaging, the labels, the packaging, the instructions, the notes, the manuals and the warranty certificate) have been used used, washed, damaged, altered, made dirty or returned incompletely. Alessandra Milano reserves the right to check the returned Products and to refuse the withdrawal.
If all the conditions for the correct exercise of the right of withdrawal are met, the Customer will receive, at the email address used during the purchase, an email confirming Acceptance of Withdrawal, and Alessandra Milano will reimburse the amount paid by the Customer, bearing the costs for collection, (but not customs duties and local sales taxes for non-EU customers) within 15 days from the return of the Product.
If the Customer chooses not to use the Courier selected by Alessandra Milano, the Customer should ensure the full value of the Product which is to be returned and carefully keep the shipping receipt and its reference number. In this case, the costs for returning the Products will be borne by the Customer, who will be responsible for the failure to return the Product and the non-acceptance of the return.
The Products must be returned to the following address: Vigens S.r.l., Via Umberto Giordano 10, 27029, Vigevano.
If the Customer exercises her or his right of withdrawal for all the Products included in the same purchase order, all the Products must be returned at the same time and using the same shipment.
The right of withdrawal cannot be exercised for Products made to measure or for personalised Products.
In order to protect the Consumer, the exclusion of the right of withdrawal referred to in the preceding points does not affect the guarantees of legal compliance for defects in the Product.
Changes to the General Terms and Conditions of Sale
Applicable Law and Jurisdiction
Within the limits permitted by law and without prejudice to any mandatory laws applicable in the country of residence or domicile of the Customer, this Agreement is governed exclusively by Italian law, with particular regard to the Consumer Code and the legislation on distance contracts concerning electronic commerce. If the Customer is not resident in the territory of the European Union, this Agreement is governed by Italian law with the exclusion of mandatory rules provided for by private international law.
In the event of a dispute between the Seller and the Consumer, Alessandra Milano guarantees the utmost cooperation in the amicable settlement of the dispute, guaranteeing from now on participation in an amicable conciliation attempt.
In this regard, the European Commission has created an online platform which provides an alternative dispute resolution tool. This tool can be used by consumers to resolve, through a non-judicial process, any dispute deriving from contracts for the sale of goods entered into online. Consequently, consumers can use the aforementioned Platform for the resolution of any dispute deriving from the online contract entered into with Alessandra Milano: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home .chooseLanguage.
In any event, if you do not adhere to an amicable settlement attempt or where this attempt should have a negative outcome, within the limits permitted by the law and without prejudice to any mandatory applicable laws in the country of residence of the Customer, any dispute arising from the interpretation, application or termination of the GCS, will be taken into account by using the law of domicile or residency of the Customer, if located in the European Union. If the Customer is not resident in the territory of the European Union, the Court of Milan will have jurisdiction, with the exclusion of other alternative/competing courts.
If the Customer intends to file a complaint or needs information or assistance relating to the Site or the purchase procedure, she or he can contact Customer Service at firstname.lastname@example.org.
Registered office (Italy): Alessandra Colombo S.r.l. with registered office in Milan (MI) at Viale Regina Giovanna 9, 20129, VAT number 11665200967.
Authentication of Products
The products sold by Alessandra Milano are Made in Italy. Each of her creations boasts of careful attention to detail, materials and design. All Products for sale on the Site are authentic creations of Alessandra Milnao. The Alessandra Milano Customer Service (e-mail: email@example.com) remains available to the Customer.