Terms and conditions
General Conditions of Sale , in force from 13 July 2023.
PREMISE
This information is provided for the website https://amelie.it/ (Site).
Seller's details: ICON RETAIL SRL, Via Cerva, 22 – 20122 Milan (MI), Milan Chamber of Commerce, VAT number 01387510116, REA: SP-124864, share capital €10,000.00 fully paid, Telephone: +39 3356227578, Email: info@amelie.it (Seller).
Art. 1 Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If the Site allows it, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree no. 206 of 6 September 2005). Please note that a Consumer is a natural person acting for purposes outside of any entrepreneurial, commercial, professional, or artisanal activity they may carry out. If, however, you are given the option to enter your VAT number (your own or that of a legal entity), this implies that you are purchasing as a "Professional" pursuant to Article 3, paragraph 1, letter c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, professional, or artisanal activity, or their intermediary. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are intended as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are intended as purely indicative. Colors may differ from actual colors due to the settings of the computer systems or devices you use to view them.
1.4 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hypertext links.
1.7 Before carrying out commercial transactions with these entities, it is necessary to verify their conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 The Seller does not carry out any checks and/or monitoring on the websites accessible via these links. The Seller is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of law by them.
1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.11 The Seller shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages. This includes, but is not limited to, any loss of profits or other indirect losses resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or represent: (i) that the Site is free of viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date.
1.12 Unless otherwise agreed with the Seller, orders cannot be placed via email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.13 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify, or sell all or part of the Site's content.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you have entered on the Site.
2.3 You guarantee that the personal information you provide is complete and truthful and you undertake to indemnify and hold the Seller harmless from any damages, compensation obligations, and/or penalties arising from and/or in any way related to the violation of this undertaking. You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of your Site login credentials.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site, it is not necessary to accept these General Conditions of Sale. However, sending the purchase order constitutes acceptance of this document.
2.6 The Seller is the sole party to the user who intends to purchase one or more products through the Site and is therefore (i) the party to whom the user directs his or her order, in order to accept the offer and conclude the sales contract; (ii) the party who assumes the pre-contractual obligations towards the user deriving from the offer; (iii) the party who concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to operate under its own commercial name. Therefore, when the Seller's name or the first person plural ("We") is used on the Site and/or in communications with customers relating to the Site, the reference is to the Seller as well as the Site.
2.8 The Seller provides no guarantee that the Site will be constantly functional and operational. Updates to the CMS platform may occur, which could result in a temporary suspension of service. The Seller assumes no responsibility for any harm or damage the user may suffer as a result of this circumstance.
2.9 After purchasing, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller information; (ii) characteristics of the purchased Product; (iii) purchase price and any applicable taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.
2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller if they have any doubts about the color of one or more Products on the Site.
Art. 3 Product Availability
3.1 The Products offered on the Site are limited in number. Therefore, due to the possibility of multiple users purchasing the same Product at the same time, it may happen that the ordered Product is no longer available after the purchase order has been submitted.
3.2 Information on Product availability is available on the Site. Product availability is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, multiple users may purchase the same Product at the same time. In such cases, the Product may appear available for a short period of time, but may actually be out of stock or not immediately available, requiring a restocking order.
3.3 You will be notified if the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract. In any case, please note that before requesting termination of the contract, the Seller reserves the right to implement the following measures:
- If restocking is not possible, the Seller will supply a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the user's express acceptance.
- If restocking is possible, the Seller will offer an extension of the delivery times, indicating the new delivery time.
3.4 If a refund is requested for the amount paid for the purchase of Products that subsequently prove unavailable, the Seller will make the refund within a maximum of 10 days.
3.5 If you exercise your right of termination, the contract is terminated. If payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs resulting from the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the "Payment Methods" section below .
Art. 4 Prices
4.1 Prices on the Site include VAT.
4.2 Furthermore, the prices on the Site do not include the WEEE contribution as the Products sold are not subject to the relevant regulations.
4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (increases or decreases) subsequent to the transmission of the order will not be taken into account.
4.4 The shipping costs of the Products are at your expense for orders less than or equal to a specific amount (indicated from time to time on the Site): for higher amounts, shipping is free.
4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or credit of the Total Amount Due. Ownership of the Products will be transferred to you upon shipment, meaning the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
4.6 The purchase agreement is terminated upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled.
4.7 If there is an error in the price of the Product listed on the Site, the Seller reserves the right to communicate the correct price to the customer even after the purchase order has been completed. In this scenario, the customer has the right to accept the new price or cancel the purchase contract. The Seller may also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Art. 5 Payment methods
5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the "Payments" section on the Site. The user can access this section directly from the footer of the Site.
5.2 On the Site, you can purchase using payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you use has authorized the charge. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion, the user must be registered on the Site at the time of the purchase) and simultaneous knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the above-described process may make it impossible to complete your purchase on the Site. Confidential payment card information (card number, cardholder name, expiration date, security code) is encrypted and transmitted directly to the payment processor without passing through the Seller's servers. The Seller therefore never has access to or stores your payment card information used to pay for the Products, even if you choose to store such information on the Site. Accepted payment cards can be viewed in the Site footer and/or during the purchase process.
- Visa.
- MasterCard.
- American Express.
- Shopify Payments.
- Google Pay.
- Apple Pay.
5.3 Payments can be made via bank transfer on the Site. Bank details are available on the Site. If payment is not received within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 Cash on delivery (CAD) is available on the Site. This payment method may be subject to an additional fee, which will be indicated from time to time on the Site during the purchase process. Cash on delivery (CAD) may be limited to orders exceeding a certain amount; in this case, the Seller will provide appropriate notice on the Site or during the purchase process.
5.5 If the value of the discount code is less than the order value, the remaining amount can be paid using the payment methods available on the Site. Each discount code can only be used for one purchase. Discount coupons cannot be redeemed for cash under any circumstances.
5.6 Any alternative methods other than those indicated above are or will be described in this article.
- Purchases on the Site can also be made using PayPal. If you choose PayPal as your payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions agreed upon between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller therefore has no access to, and does not store in any way, the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.
- On the Site, you can also make purchases using Klarna's installment payment solution. The first payment is charged when the order is shipped and/or when the purchase contract is finalized, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Site or by the payment service provider (Klarna). If you choose Klarna as your payment method, you will be redirected to www.klarna.com where you will follow the procedure established and regulated by Klarna and the terms and conditions of the contract agreed between you and Klarna. The data entered on the Klarna website will be processed directly by Klarna and will not be transmitted or shared with the Seller.
5.7 Pursuant to Legislative Decree No. 26 of March 7, 2023, the prices published on the Site are not personalized based on automated decisions. Therefore, the prices displayed on the Site are not influenced by the consumer's previous behavior.
5.8 In the event of a price reduction, the Site indicates the lowest price applied to all consumers in the 30 days prior to the application of the price reduction. For Products that have been on the market for less than 30 days, the period to which the previous price refers is indicated. This clause does not apply to "launch prices," characterized by subsequent announcements of price increases.
Art. 6 Delivery of Products
6.1 Products are delivered to: Italy, with exceptions indicated on the Site. Users can read more information by accessing the "Shipping" section on the Site. Users can access this section directly from the Site footer. In the event of any inconsistency between the information provided in this document and the Shipping section, the Shipping section will take precedence.
6.2 The delivery obligation is fulfilled by the transfer to you of the material availability or in any case of control of the Product.
6.3 Delivery time of the Products from the sending of the order: 5 days.
6.4 The deadline indicated in Article 6.3 is intended as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of placing the order. It is your responsibility to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, not wet, or otherwise altered, including the sealing materials. In your interest, you are invited to indicate any anomalies on the carrier's transport document, accepting the package with reservations. If the packaging shows obvious signs of tampering or alteration, you should promptly notify the Seller.
6.5 With regard to the option of requesting delivery of the Products to a "pick-up point," the Seller informs you that the Site does not offer the option of collecting the Product from a "pick-up point" other than the address you provided during the purchase process. However, you are encouraged to regularly access the Site to verify whether this delivery option is subsequently made available on the Site.
6.6 The user acknowledges that collecting the Product is his or her specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and seek compensation for any damages suffered as a result of failure to collect the Product.
Art. 7 Right of withdrawal
7.1 The user is invited to carefully read this article, which regulates the right of withdrawal.
7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
- For subsequent purchases, you are invited to review this article to verify the existence of exclusions to the right of withdrawal.
7.3 If you are a Consumer (and unless any of the exceptions provided for in this Article apply), you have the right to withdraw from the Product purchase contract without providing any reason and without incurring any costs other than those provided for in this Article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the expiration of the Withdrawal Period. To this end, you may write to the Seller using the contact details indicated in the Introduction, or use the contact form available on the Website. You will have exercised your right of withdrawal within the Withdrawal Period if you send the communication relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is responsibility for their transportation. If you exercise your right of withdrawal, the Product must be delivered to the Seller's office, or to a different address provided by the Seller. The withdrawal period expires after 14 days:
- in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
- in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
7.4 If withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If the Products were shipped using a carrier chosen by the Consumer and at the Consumer's expense, the Seller may withhold the refund until receipt of the Products or until the Consumer demonstrates having returned the Products, whichever is earlier. The Consumer is solely responsible for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must, however, be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, complete with all accessories and instruction leaflets, with identification tags, labels, and the disposable seal, if present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify you of this circumstance and the resulting reduced refund amount, providing, if the refund has already been paid, the bank details for payment of the amount owed by the user due to the reduced value of the Product. If the right of withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle you to any refund.
If the right of withdrawal exists, the Products must be returned to the address indicated in the "Seller's Details" section in the Introduction or to the address communicated from time to time by the Seller.
7.5 This article regulates a very important area relating to return costs in the event of withdrawal.
In light of the above, the Seller deems it appropriate to highlight to you that the costs of returning the Product will be at your expense and under your responsibility.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. Any action to assert defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months of delivery of the goods.
8.3 Unless proven otherwise, any defects of conformity that become apparent within twelve months of delivery of the Product are presumed to have already existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the defect of conformity. Starting from the twelfth month following delivery of the Product, the burden of proof will be on the Consumer to prove that the defect of conformity already existed at the time of delivery.
8.4 In the event of a lack of conformity of the goods, the Consumer has the right to have the conformity restored, or to receive a proportional reduction in price, or to terminate the contract based on the conditions established by art. 135-bis et seq. of the Consumer Code.
8.5 The Seller is not liable for any damages of any kind resulting from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, nor for any damages resulting from unforeseeable circumstances or force majeure.
8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by Articles 1490 et seq. of the Civil Code; specifically, the deadline for reporting any defects is 8 days from discovery, and the right to bring an action expires one year after delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional guarantee to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. You may, in any case, assert your rights under the Legal Guarantee of Conformity governed by the previous article.
Art. 10 Applicable law and competent court; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by the provisions of these General Conditions of Sale and, where not otherwise provided, by the Italian Consumer Code.
10.2 Please note that for Consumers, any disputes relating to the application, execution, and interpretation of this document will be subject to the jurisdiction of the court where the user resides or has elected domicile. For Professionals, any disputes relating to the application, execution, and interpretation of this document will be subject to the jurisdiction of the court where the Seller is based, as set forth in the Preamble.
10.3 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.
10.4 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr . Through the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.
10.5 In any case, the Consumer user's right to bring any dispute arising from these General Conditions of Sale before the competent ordinary court remains unaffected, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, the European procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €5,000.00, excluding interest, fees, and costs. The text of the regulation is available on the website http://www.eur-lex.europa.eu .
Art. 11 Customer Service
11.1 You may request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form available on the Site.
11.2 The Seller responds within an indicative time of 2 days.
Art. 12 Reviews
12.1 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site informs you that no tool has been implemented on the Site that allows users to post reviews.
12.2 You are however invited to access this article on the occasion of future purchases to verify whether a tool has been implemented on the Site that allows users to publish their own reviews relating to purchasing experiences on the Site.
Art. 13 Miscellaneous
13.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations established by the applicable law from time to time remain unaffected.