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TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale regulate the supply and sale of products in this section www.crillavi.com/shop (“Shop”) of the website www.crillavi.com (hereinafter, the “Site”). The products commercialized within the Shop (hereinafter, the “Products”) are supplied and sold by CRLV S.r.l., with registered office in Via Milano 14, 21052 Busto Arsizio (VA) – Italy, registered in the Company Register of Busto Arsizio with registration number No. 353062, VAT 03456090120.

1. Scope and Browsing of the Store 2. Purchase on the Store 3. Registration within the Store 4. Information required for entering into a contract 5. Product Availability 6. Information about the Products 7. Prices 8. Purchase orders 9. Payment forms 10. Delivery of the Products 11. Legal Warranty of Conformity 12. Manufacturer’s Conventional Warranty 13. Flash Sales and Competitions 14. Applicable Law; Alternative Dispute Resolution/Online Dispute Resolution 15. CUSTOMER SERVICE AND COMPLAINTS

1. SCOPE AND BROWSING OF THE STORE

1.1 The supply and sale of products on the Shop represent a distance sales contract regulated by Chapter I, Title III (Section 45 et ss.) of the Legislative Decree 6 September 2005, No. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.

1.2 The Terms and Conditions of Sale apply to all sales carried out by CRLV S.r.l (“CRILLAVI”) on the Shop.

1.3 The Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall come into force starting from their publication on the Shop, in the “Terms and Conditions of Sale” section. Users are therefore invited to visit the Shop on a regular basis and, prior to any purchase, to read the most recent version of the Terms and Conditions of Sale.

1.4 The applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

1.5 These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than CRILLAVI, which are available on the Shop through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user shall check their conditions of sale. CRILLAVI is not liable for the supply of services and/or the sale of products by these parties. CRILLAVI does not carry out any checks on and/or monitoring of the websites that can be reached through these links. CRILLAVI therefore takes no responsibility for the contents of these sites or for any possible mistakes and/or omissions and/or legal violations by the said websites.

1.6 The user shall carefully read these Terms and Conditions of Sale, made available by CRILLAVI in the “Terms and Conditions of Sale” section of the Shop and which can be stored and reproduced, as well as other information that CRILLAVI provides in the Shop, both before and during the purchase procedure.

1.7 The Terms and Conditions of Sale are applicable in the following States: Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Poland, Portugal, Great Britain, Czech Republic, Romania, Spain, Sweden, Hungary.

1.8 The Shop allows each user to surf the Shop and, upon registration, to make purchases in any “Country”, regardless of the State where the user is located when visiting the Shop.

1.9 When the user logs in the Shop, the Shop recognises, through the IP address, the State from where the user is logging in.

1.10 The Country selected for surfing is therefore the one associated with the State from where the user is logging in the Shop (hereinafter the “Browsing Country”).

1.11 Any change in the Browsing Country, made after the beginning of the purchase procedure – which coincides with the moment in which the user, in order to put a product in the shopping bag, clicks on “Basket” – is allowed, but determines the interruption of the purchase procedure, the emptying of the shopping bag and the re-directing of the user to the home page of the chosen “Country”.

2. PURCHASE ON THE SHOP

2.1 The purchase of products on the Shop is allowed only to those subjects that:

  1. are 18 years old or over;
  2. act in their capacity as consumers, defined as natural persons who, with regard to the purchase of products, act for purposes unrelated to any business, commercial, professional or craft activities that they may have;

iii. are registered on the Shop in accordance with Article 3 here below.

2.2 The user is allowed to purchase more than one product within the same order (“Multiple Order”). However, it is not possible to buy more than four items of the same Product in one order. Resellers, wholesalers or all those persons who intend to purchase the products for the purpose of resale are not entitled to make purchases on the Shop. It is therefore forbidden to these parties and all those persons who are not consumers to register on the Shop or make purchases on the Shop. Subjects mentioned in Article 10.11 are also forbidden to purchase on the Shop.

2.3 Should any violations of the above provisions occur or any irregularities in relation to the quantity of products purchased or the frequency of purchases made be noted, CRILLAVI reserves the right to undertake all actions required to ensure that such violations or irregularities cease immediately, including the non-acceptance or cancellation of irregular orders or, upon joint resolution with CRILLAVI, the suspension of the access to the Shop or the cancellation of the registration.

2.4 Lastly, CRILLAVI reserves the right to refuse or cancel orders placed by:

  1. a user with whom the company has on-going legal disputes;
  2. a user who has previously violated the conditions and/or terms of the purchase contract with CRILLAVI;

iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments;

  1. users who have provided false, incomplete or inaccurate identification data, or users who have not promptly sent to CRILLAVI the documents requested in relation to the procedure set forth by Article 9.4 below or who have sent not valid documents.

3. REGISTRATION WITHIN THE SHOP

3.1 The purchase of products on the Shop may only take place upon registration within the Shop.

3.2 Registration within the Shop is free. To register within the Shop, the user must fill out the registration form, entering his/her name, surname, title, an e-mail address and a password and then clicking on “Register”. Confirmation of registration will be sent to the user by e-mail.

3.3 The Country in which the user is surfing at the time of registration within the Shop is hereinafter referred to as the Registration Country. The Registration Country cannot be modified. Each user may use only one registration.

3.4 The registration within the Shop, by opening a personal account called “My Account”, enables the user to:

  1. save his/her own addresses;
  2. save his/her payment details so they can be re-used for payment in subsequent purchases;

iii. have access to all the information regarding orders and returns;

  1. manage his/her own personal data and update them at any time.

3.5 The user hereby guarantees that the personal data provided during the registration procedure for the SHOP are complete and truthful and undertakes to indemnify and hold harmless CRILLAVI from and against any losses, damages and/or liabilities deriving from and/or in any way connected to the violation by the user of the provisions concerning registration within the site or the storage of registration credentials.

3.6 Registration within the Shop implies acceptance of these Terms and Conditions of Sale.

4. INFORMATION REQUIRED FOR ENTERING INTO A CONTRACT

4.1. In accordance with Legislative Decree of April 9, 2003, No. 70 containing provisions related to electronic commerce (e-commerce), CRILLAVI hereby informs the user that:

  1. to conclude the purchase contract of one or more products on the Shop, the user must fill out an order form in electronic format and send it to CRILLAVI electronically, following the instructions that will appear from time to time on the Shop;
  2. the contract is concluded when the order form reaches the server of CRILLAVI;

iii. before submitting the order form, the user will be able to identify and correct any errors in the inserted data, by following the instructions on the Shop;

  1. once the order form has been submitted and upon confirmation of the validity of the payment instrument used, except for what specified in Article 9.3 and following paragraphs, CRILLAVI will send to the user, at the indicated e-mail address, the confirmation of the order, containing the following: information regarding the main features of the purchased product, a detailed indication of the price, the form of payment used, the delivery expenses and any additional expenses.
  2. the order form will be filed in the database of CRILLAVI for the time required for the completion of the contract and, in any case, according to the procedures and time limits set forth by law. To gain access to his/her order form, the user must consult the “My Account.

4.2. The languages available to users for the conclusion of the contract are Italian, English.

5. PRODUCT AVAILABILITY

5.1. The products offered in the Shop are articles of pet and accessories (such as, collars, leashes, etc.) of the brand CRILLAVI contained in the electronic catalogue published on the Shop at the time when the user places the order.

5.2. Product availability is constantly monitored and updated. Nevertheless, since the Shop may be visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the product may appear as available for a short time, even though it is actually finished or not immediately available, since it is necessary to wait for new availability.

5.3 Should the product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the product, without prejudice to any other legal rights of the user and, especially, to Book IV, Title II, Chapter XIV of Italian Civil Code, CRILLAVI will immediately inform the user by e-mail. The user will therefore be entitled to terminate the contract, without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code.

Alternatively and without prejudice to this right, the user might accept one of the following CRILLAVI proposals:

  1. should the Product become available again: an extension of the terms of delivery, with indications, on the part of CRILLAVI, of the new term of delivery of the product;
  2. should the product not become to be available again: the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, upon prior approval of the user.

The user’s choice shall be promptly communicated to CRILLAVI, via e-mail, to the e-mail address indicated Article 16 following.

5.4 If the user avails himself/herself of the right to terminate the contract whereof in Section 61, paragraphs IV and V of the Consumer Code, and the payment of the total sum due – given by the price of the product, the delivery fees, if applicable, and any other additional cost, resulting in the order (“Total Sum Due”) – has already been made, CRILLAVI will refund the Total Sum Due without undue delay and, in any case, within 15 working days starting from the day on which of the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of bank transfer, CRILLAVI will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.

5.5 In case of Multiple Order, if the unexpected unavailability concerns some of the Products only within the Multiple Order – without prejudice to the user’s legal rights and, especially, Book IV, Title II, Chapter XIV of the Italian Civil Code, and without prejudice to the application of Articles 5.3 and 5.4 above, if the unexpected unavailability affects all products within the Order – CRILLAVI will promptly warn the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to unavailable products, without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code. As an alternative, and without prejudice to the right to compensation, the user might accept one of the following CRILLAVI proposals:

  1. should the Product(s) within the Multiple Order become available again: an extension of the terms of delivery, with indications of the new term of delivery of the product;
  2. should the products within the Multiple Order not become to be available again : the supply, in substitution of the unavailable products, of a different products, of equivalent or higher value, upon payment, in the latter case, of the difference, given prior approval of the user.

The user’s choice shall be promptly communicated to CRILLAVI, via e-mail, to the e-mail address indicated in Article 16 following.

5.6 In case the user avails himself/herself of the termination right, as specified in Section 61, paragraphs IV and V of the Consumer Code, the purchase contract of those unavailable Products within the Multiple Order will be partially terminated, limited to such products, with resulting refund, in case it has already been paid, of the amount due for the products, and any other possible cost specifically related to the products (“Partial Sum Due”). The termination of the entire Multiple Order will occur only if the unavailable products of the Multiple Order is/are considered ancillary in respect to the other products, that are available. The Partial Sum Due to the user with reference to the unavailable products will be refunded without undue delay and, in any case, within 15 working days starting from the day on which the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of bank transfer, CRILLAVI will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.

Pre-Order Products

5.7 Without prejudice to what expressed in Articles 5.2, 5.3 and 5,4 above, CRILLAVI reserves its right to offer the user the opportunity to purchase in advance Products belonging to new collections before they are even manufactured. The products which can be purchased before their own manufacture will be listed in a dedicated section on the Shop and/or will be identified with the “Pre-order” caption (“Pre-order Products “); in the product sheet of each Pre-order product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the purchase contract of the Pre-order product, the date the Pre-order product will be available will be notified. Pre-order products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale. Once the purchase contract is entered into, the user will receive an order confirmation e-mail. The charge of the Total Sum Due for the Pre-order products is contextually with the purchase of a Pre-order product. Those who purchase a Pre-order product will be notified via e-mail be delivered within 45 working days.

Bookable Products

5.8 Without prejudice to what expressed in Articles 5.2, 5.3 and 5,4 above, CRILLAVI reserves its right to offer the user the opportunity to purchase Products which, even if not currently available in the electronic catalogue of the Shop (because momentarily out of stock, for instance), can be selected by the user to be purchased. These Products will be identified with the “Bookable” caption. Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Bookable Products. Bookable Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale; the effective charge of the Total Sum Due for Back-order Products will take place as specified in the second paragraph of Article 5.7 above. Those who purchase a bookable product will be notified via e-mail of the supervened availability of the Bookable product.

6. INFORMATION ABOUT THE PRODUCTS

Each product is accompanied by a product information sheet which illustrates its main features. The images and descriptions on the Shop reproduce the features of the products as faithfully as possible. However, the colours of the products may differ from the actual ones due to the settings of the computer systems or the computers used by users to visualize them. The images must therefore be understood as approximate and with the usual tolerance values. For the purposes of the purchase contract, the description of the product in the order form transmitted by the user shall be considered valid.

7. PRICES

7.1 All the prices of the products published on the Shop are expressed in Euros and are inclusive of Value Added Tax – IVA.

7.2 Users are hereby informed that, due to various factors, including the business policy of the owners of the brands, the price of the products offered for sale on the Shop may differ according to the different countries.

7.3 CRILLAVI hereby reserves the right to change the price of products at any time, without prior notice, it being understood that the price charged to the user shall be the one indicated on the Shop at the time of placing the order and will not take account of any variations (either increases or decreases) subsequent to the transmission of the said order.

8. PURCHASE ORDERS

8.1 The products shall remain the property of CRILLAVI until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the purchase contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code, without prejudice to what expressed in Article 9.3. The user shall be informed by e-mail of the contract termination and of the subsequent cancellation of the order.

8.2 CRILLAVI will deliver the products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage of the products which cannot be attributed to CRILLAVI, will be handed over to the user, when this latter or a third party designated by the user and other than the carrier, will materially come into possession of the products.

8.3 In the event that, after the purchase of a product and its delivery to the user, the user wishes to replace it – without prejudice to the rights the user has in accordance with the law and according to the provisions of Articles 11, 12 and 13 of these Terms and Conditions of Sale – the replacement shall occur within 14 days as of the date on which the Product that the userpurchased has been delivered, provided that: (i) the Product is intact, complete in all its parts, equipped with all accessories, illustrative sheets, placed inside its original packaging together with a copy of the purchase invoice and of the exchange form whereof in the following paragraph, duly filled out in all its parts.

In order to proceed with the replacement the user shall follow the procedure specified in the e-mail CRILLAVI send.

Should CRILLAVI verify that the replacement procedure specified in this Article 8.3 has been correctly followed by the user, CRILLAVI will:

(i) refund the amount paid for the Product (delivery expenses the user might have incurred for purchasing the item he/she wishes to replace and any other additional cost paid as a result of the order not included) without undue delay and in any case within and no later than 3 working days as of the moment CRILLAVI receives the parcel containing the item the user is returning. The refund will occur using the same payment method used for the initial transaction. The user will be also sent a refund confirmation e-mail;

(ii) charge the user with the price of the item he/she has requested as a replacement once CRILLAVI will send it to the user (regardless of the price being the same, or lower, or higher if compared to that of the product originally purchased in the first place) using the same payment method used for the initial purchase. At the time of shipping the user will be sent a shipping confirmation e-mail;

(iii) deliver the item the user has selected as a replacement, once CRILLAVI receives the parcel with the item the user means to replace, within the terms of delivery specified in the instructions whereof in this Article 8.3, second paragraph, above.

9. PAYMENT FORM

9.1 The payment of the Products purchased on the Shop can be made by credit card by PayPal Gateway or PayPal account. The credit cards accepted by CRILLAVI are specified in the checkout page. If one of the payment methods cannot be used in regard to a specific product, this will be explicitly specified on the Store, at the latest at the beginning of the purchase procedure.

9.2 In PayPal payment, the user will be redirected to the website www.paypal.com where he/she shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with CRILLAVI. CRILLAVI is therefore unable to know, or memorize in any way, the credit card details linked to the user’s PayPal account, or the details of any other form of payment linked to the said account.

9.3 The Total Sum Due will be charged by PayPal to the user’s account at the same time as the conclusion of the online contract. In the case (contract is terminated or in any other case of refunding, for any reason, the amount of the refund due to the user (“Refund Amount”) shall be credited to the user’s PayPal account. The term for crediting the sum on the payment tool linked to this account depend exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, CRILLAVI shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any such problems, the user shall directly contact PayPal directly.

9.4 In any case the invoice shall be issued at the moment of delivery and shall be sent via e-mail to the user, to the user’s registered e-mail address.

10. DELIVERY OF THE PRODUCTS

10.1 Delivery of the products purchased on the Shop is carried out in all the States indicated in Article 1.7 above, at the delivery address indicated by the user in the order form. However, delivery can only be made in the territory of the State associated with the “Country” in which the user is surfing at the time in which he/she begins the purchase procedure by clicking on “Add to basket” (“Country of Purchase”) (e.g.: if the user, when beginning the purchase procedure of the product x and clicking on “Add to Basket”, is surfing in the “Country” Italy, the delivery of the product can only be undertaken in Italy).

10.2 The user is therefore obliged to insert in the order form a delivery address which is located within the territory of the State associated with the Country of Purchase. Orders that contain the indication of a delivery address outside such territory shall be cancelled pursuant to and in accordance with Section 1456 of the Italian Civil Code and the Total Sum Due shall be refunded, if already paid, using the procedures and within the terms indicated in the previous Article 5.4, if compatible.

10.3 Delivery cannot be made to the Channel Islands nor at P.O. Boxes or poste restante. If the delivery address is a P. O. box, or one of the above mentioned places, CRILLAVI shall terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code and refund the Total Sum Due, if already paid, using the procedures and within the terms indicated in the previous Article 5.4.

10.4 The expenses for delivery of the products, which may vary according to the delivery procedure chosen by the user. The amount of the expenses shall be expressly and separately indicated in the Checkout page, in any case, before the user proceeds with the placement of the order, as well as in the e-mail confirming the order.

10.5 The terms of delivery are those indicated in the Product Page, before the user places the order, and in the e-mail confirming the order. They are eddective from the moment the order is placed,, sawed what expressed in Article 9.3.3. In the case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day the contract is concluded. The delivery terms are calculated considering only working days and excluding Saturdays, Sundays and holidays.

10.6 At the time of shipping (i.e. the moment the Products to the carrier), the user shall be sent an e-mail confirming the delivery.

10.7 Deliveries shall be made using the UPS,TNT,SDA courier service, from Mondays to Fridays in normal office hours, excluding national holidays. CRILLAVI hereby reserves the right to use other carriers and/or to use different forms of delivery.

10.8 The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the product control to the user.

10.9 It is the responsibility of the user to check the conditions of the product upon delivery. Provided that the risk of loss or damage of products, not attributable to CRILLAVI, is transferred to the user when the user or a third party designated by him/her and other than the carrier materially comes into possession of the products. The user is strongly advised to check the state of the packaging and the number of products received and the user is requested, where possible, to indicate any anomalies in the transport document of the carrier. If the package displays signs of tampering or alteration, the user should immediately communicate this to the Customer Service department (customer@crillavi.com); it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply.

10.10 The user takes good notice that collection of the product is his/her specific obligation deriving from the purchase contract. In the case of non-delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice of passage in the letterbox containing a contact number. The courier shall therefore make a second attempt to deliver the goods. After two failed attempts to deliver the product, the parcel shall be placed in the “unclaimed goods” section. The Customer Service department shall therefore send an e-mail to the user in order to unblock the unclaimed parcel and ensure that the parcel is delivered as soon as possible. If necessary, the Customer Service department shall arrange with the User a change in the delivery address. If this attempt should fail or the user does not reply to the Customer Service department’s attempt to make contact, the Product shall be returned to CRILLAVI and, in any case, 30 working days after the first attempt of delivery, the contract shall be deemed to be terminated and the purchase order shall be considered cancelled in accordance with Section 1456 of the Italian Civil Code. CRILLAVI shall therefore proceed, within 15 working days following the termination of the contract, to refund the Total Sum Due paid by the user, deducting the expenses for the unsuccessful delivery of the Product, the expenses for returning the product to CRILLAVI and any other expenses it may have incurred due to the absence of the consignee. The user shall be informed of the termination of the contract and the sum of the refund by e-mail. The refund shall be credited to the same means of payment used by the user for the purchase. If the user has paid via bank transfer, CRILLAVI will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank,

If, before the expiry of the thirty days the user asks to receive the product again, CRILLAVI shall proceed to arrange for the new delivery upon the charge, as well as the expenses for delivery, of the expenses for the return of the product to CRILLAVI and the expenses for storage.

10.11 Anyone who has not collected the parcel on more than two occasions cannot make purchases on the Shop. If these parties should make orders which violate this provision, the purchase contract can be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code. The user shall be informed of the termination of the contract by e-mail and the Total Sum Due shall be returned to the user using the procedures and terms in accordance with the above Article 10.10.

10.12 If the purchased product is not delivered or its delivery is delayed with respect to the terms of delivery indicated in the order confirmation, the user, in accordance with Section 61 of the Consumer Code, requests CRILLAVI to carry out the delivery within an additional time limit suitable to the circumstances (“Additional Time Limit ex Section 61, paragraph III, Consumer Code”). If this additional time limit expires before the Products are delivered, the user is entitled to terminate the contract (“Termination of the Contract ex Section 61, paragraph III, Consumer Code”), without prejudice to the right to damage compensation. The user is unencumbered with granting CRILLAVI the Additional Time Limit ex Section 61, paragraph III, Consumer Code (“Excluded Cases”) if:

a) CRILLAVI has expressly refused to deliver products;

b) The compliance to the delivery time specified during the purchase procedure and in the order confirmation shall be considered essential, always considering all the circumstances that have led to entering into the contract;

c) The user has informed CRILLAVI, before entering into the contract, that the delivery on or before a certain date is to be considered essential.

In the Excluded Cases appendix if the user does not receive the products on or before the delivery time indicated during the purchase process and in the order confirmation is entitled to terminate the contract immediately, without prejudice to the damage refund (“Termination of the Contract in Excluded Cases”).

The specification of the Additional Time Limit ex Section 61, chapter III of the Consumer Code and the notification of the Termination of the Contract ex Section 61, paragraph III, Consumer Code, or Termination of the Contract in Excluded Cases shall be notified by the user to CRILLAVI to the addresses specified in Article 16 following.

In case of Termination of the Contract ex Section 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases, CRILLAVI will refund the user the Total Sum Due without undue delay. The refund shall occur as specified in Article 10.16 following.

In case the user does not proceed in setting the Additional Time Limit ex Section 61 paragraph III of the Consumer Code, or, if the conditions occur, in the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in Excluded Cases, except in the case the user avails himself/herself of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, CRILLAVI undertakes to:

i. Promptly notify the user via e-mail of the delayed delivery, simultaneously specifying the new delivery term, if available;

ii.Refund to the user the delivery expenses, if already paid, within 10 working days of the New Delivery Term due date, in case of delivery with a delay from 1 to 3 working days in respect to the New Delivery Term, or not requesting the payment of the delivery expenses if not yet paid;

iii. allow the user, upon request of the user, to reject the delivery and terminate the contract in case of delivery with a delay from 4 to 10 working days in respect to the New Delivery Term – with consequent refund of the Total Sum Due if already paid, immediately and, anyway, within 10 working days as of the request of termination of the contract – or, as an alternative, in case the user does not intend to terminate the contract, to refund the user the delivery expenses, if already paid, within 10 working days as of the request, or not to request the payment of the delivery expenses if not already paid for;

iv. offer the user, in addition to what expressed in Article. 10.12 above, the supply of a different product of equal or higher value, upon payment, in this latter case, of the difference upon the user’s express acceptance, if the delay is higher than 10 working days in respect to the New Delivery Term or, in any case, higher than 20 working days in respect to the original delivery date.

10.13 In case of Multiple Orders containing products which need to be delivered separately, the provision whereof in Article 10.12 above will find independent application for each delivery case. In respect to each delivery and therefore, limited to the Products pertaining the same, the user may proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code and the Termination of the Contract ex Section 61, paragraph III of the Consumer Code, or the Termination of the Contract in Excluded Cases, if the conditions occur. In this case, CRILLAVI will refund the User the Partial Sum Due without undue delay. The refund will occur according to what expressed in Article 10.16 following.

In case the user does not proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code or, if the conditions occur, the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in the Excluded Cases, in regard to each delivery and related Products, without prejudice to the possibility for the user to avail himself/herself at any time of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, CRILLAVI undertakes to:

i. Promptly send to the user the Delay Notice E-mail, simultaneously specifying the new delivery term, if available;

ii. in case of delivery of one of the Products included in the Multiple Order with a delay from 1 to 3 working days in respect to the New Delivery Term, refund the user the delivery expenses, if already paid, calculated as indicated in Article 10.4 above, within 10 working days of the New Delivery Term due date, or not requesting the payment of the delivery expenses, if not yet paid.

iii. Allow the user, upon his/her request, to reject the delivery and partially terminate the contract, limited to and in exclusive reference to the Product included in the Multiple Order that has been delivered with delay, in case of delivery of one of the Products included in the Multiple Order with a delay from 4 to 10 working days in respect to the New Delivery Term, with subsequent refund of the sole amount paid by the user for that specific Product, including delivery expenses, calculated as indicated in Article 10.14 above, immediately and, anyway, within 10 working days as of the request of partial termination of the contract, or, as an alternative, in case the user does not intend to partially terminate the contract, to refund the user – within 10 working days as of the request – the delivery expenses, if already paid, within 10 working days of the request, or not to request the payment of the delivery expenses, if not already paid for. The termination of the entire Multiple Order shall occur only if the not delivered Product(s) of the Multiple Order is/are considered ancillary in respect to the other products already delivered on time or to be delivered yet.

iv. offer the user, in addition to what expressed in Article 10.13 (iii) above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference, upon the user’s express acceptance, if the delay in the delivery of one of the Products included in the Multiple Order is higher than 10 working days in respect to the New Delivery Term, or, in any case, higher than 20 days in respect to the original delivery date.

10.14 In case of failed sending of the Delay Notice E-mail or failed setting of the same in the New Delivery Term, all terms whereof in Articles 10.12 (ii), (iii) and (iv), and 10.13 (ii), (iii) and (iv) above will become effective starting from the original delivery date.

10.15 The acceptance of the New Delivery Term and, in the cases whereof in Article 10.12 (iii) and (iv), and 10.13 (iii) and (iv), the user’s choice shall be promptly notified to CRILLAVI via e-mail to the e-mail address whereof in Article 16 below.

10.16 In all cases whereof in Articles 10.12 and 10.13 above where a refund is due to the user, the sum of the refund shall be notified to the user via e-mail. It shall be credited to the user using the same method of payment used by the user for the purchase. In case of payment via bank transfer, CRILLAVI will request the user his/her bank account details necessary to the refund. Any delays may depend on the bank or the type of credit card used or the payment method used. In any case the value date of the re-credited sum shall be the same as the charged sum.

11. LEGAL WARRANTY OF CONFORMITY

11.1 All the Products sold on the Shop are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the (“Consumer Code”) (“Legal Warranty”).

11.2 TO WHOM IT APPLIES

The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Store for purposes other than entrepreneurial, commercial, craft or professional activities.

11.3 WHEN IT APPLIES

The seller (and, therefore, with regard to purchases made on the Shop, CRILLAVI) is liable vis-à-vis to the consumer for any lack of conformity existent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack of conformity, under penalty of expiration of the guarantee, within two months from the date in which it was discovered. Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the moment of delivery of the product shall lie with the consumer. In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It is therefore advisable, to prove the purchase, for the user to keep the invoice sent by CRILLAVI, as well as the transport document or any other document that certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.

11.4 WHAT IS A LACK OF CONFORMITY?

A lack of conformity exists when the purchased good:

i. is not suitable for performing the function for which goods of the same type are normally used;

ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;

iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;

iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller’s acceptance of the situation.

The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user’s responsibility or by use of the product that does not comply with its intended use and/or the information contained in the technical documentation accompanying the product.

11.5 SOLUTIONS AVAILABLE TO THE USER

In case of a lack of conformity reported within the prescribed period, the user is entitled:

i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively expensive with respect to the other one;

ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the termination of the contract, according to the preference of the user.

The requested solution is excessively expensive if entails user unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if there was no lack of conformity; (ii) the entity of the lack of conformity; (iii) the possibility that the alternative solution can be achieved without significant inconvenience for the consumer.

11.6 WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?

If a product purchased on the Shop, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user can contact the Customer Service as indicated in Article 15. The Customer Service department will reply promptly to the communication, informing the user of the next steps that he/she should take.

The Product which the user claims has a lack of conformity should be sent to CRILLAVI which will evaluate the existence or otherwise of the claimed defect, to the following address:

CRLV S.r.l. logistics

Via Giovanni Montemartini, 4

20123 Milano (MI)

In order to return the product which, according to the user, presents a lack of conformity, CRILLAVI the user to proceed in returning the product(s) via carrier who prefered.

CRILLAVI hereby reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document that proves the date of purchase and the delivery date.

12. MANUFACTURER'S CONVENTIONAL WARRANTY

12.1 The products sold on the Shop may, according to their nature, be covered by a conventional warranty issued by the manufacturer (hereinafter referred to as the “Conventional Warranty”). The user can only assert his/her right to the warranty with the manufacturer. The duration, extension (including geographic extension), conditions and procedures, the types of damage/defects covered and the restrictions of the Conventional Warranty depend on the manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Warranty has a voluntary nature and does not add to, replace, restrict, prejudice or exclude the Legal Warranty.

13. FLASH SALES AND COMPETITIONS

13.1 CRILLAVI may organize Sale Events and Flash Sales. These sales shall last for a specific and limited period, which will be clearly indicated on the Store, and may be reserved to certain categories of users registered with the Shop who will be informed of the start of the sale through a special e-mailed invitation.

14. APPLICABLE LAW; ALTERNATIVE DISPUTIVE RESOLUTION/ONLINE DISPUTE RISOLUTION

14.1 The purchase agreement completed on the Shop is subject to Italian legislation.

14.2 An exception regards users whose normal residence is not in Italy for whom the more favourable and binding laws of the Country in which they have their normal residence apply. In particular, with regards to the term for exercising the right of withdrawal, the term for the return of the Products (if this right is exercised), the forms and procedures of communicating the right and the Legal Warranty of Conformity.

14.3 For all disputes arising from the application, execution and interpretation of the Terms and Conditions of Sale, the competent court is the court of the place where the user lives or has chosen to reside.

14.4 Pursuant to Art. 141-sexies, 3rd paragraph of Legislative Decree No. 206 dated 6 September 2005 (“Consumer Code”), CRILLAVI informs the user who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that, in cases where a dispute between the consumer and CRILLAVI could not be settled further to a complaint submitted directly by the consumer to CRILLAVI, the latter shall provide the consumer with the information about the Alternative Dispute Resolution entity or entities (so called “ADR entities”, as set forth by Articles 141-bis et ss. of the Consumer Code) for consumer disputes stemming from a contract executed pursuant to these Terms and Conditions of Sale, specifying whether or not it will make use of the relevant ADR entities to settle the dispute. Furthermore, CRILLAVI hereby informs the user who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumer/odr/ ; through the platform the consumer may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving his/her dispute. The above shall be without prejudice to the consumer’s rights to resort the court competent for the dispute stemming from these Terms and Conditions of Sale, regardless the outcome of the out-of-court procedure, as well as to start, where applicable, an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code. The user who is resident in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of the Terms and Conditions of Sale, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available for consultation on the website eur-lex.europa.eu.

15. CUSTOMER SERVICE AND COMPLIANCE

15.1 You can request information, send notifications, ask for assistance or submit complaints by contacting CRILLAVI Customer Service (“Customer Service”) in the following ways:

  • By e-mail, writing to customer@crillavi.com;
  • By mail, writing to CRLV S.r.l., Via Milano 14, 21052 Busto Arsizio (VA).
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