Terms and Conditions
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By “online” contract we mean the remote contract having as its object the purchase of goods and/or services on the website www.homelegans.com owned by L'Origine Home Elegans Srl with headquarters in Mussolente (VI) 36065 Via Pavane, 6, hereinafter referred to as the "Supplier", VAT number 03795750243 and a consumer customer or a professional customer, within the scope of a remote sales system organised by the Supplier who, for this contract, uses exclusively Internet technology. All contracts, therefore, will be concluded directly through access by the customer to the website corresponding to the address: www.homelegans.com.
By consumer customer, hereinafter referred to as "Consumer", we mean only the natural person who concludes the contract for purposes not related to any entrepreneurial or professional activity carried out.
By professional client, hereinafter referred to as "Professional" , we mean the subject, natural person, public or private legal person, unrecognized collective body with autonomous legal personality, who in concluding the contract acts within the framework of his/her professional or entrepreneurial activity.
By "Customer" we mean simply the buyer in the general sense, whether a Consumer or a Professional.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CUSTOMER OBLIGATIONS
2.1. The contract stipulated between the Supplier and the Customer must be considered concluded with the acceptance, even partial, of the order by the Supplier. Such acceptance is considered tacit, unless otherwise communicated in any form to the Customer. The latter, by placing an order in the various ways provided, declares to have read all the information provided to him during the purchase procedure and, consequently, to fully accept the general and payment conditions transcribed below.
2.2. It is strictly forbidden to enter false and/or invented personal data in the data collection forms, necessary for the completion of the order. It is also forbidden to enter data of third parties or to make multiple registrations relating to a single Customer. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all Customers.
2.3. The Customer undertakes and is obliged, once the online purchase procedure has been concluded, to print or save an electronic copy and, in any case, to keep these general conditions of sale in order to fully satisfy the condition set out in art. 53 of Legislative Decree 206/2005. The forwarding of the order confirmation, therefore, implies full knowledge of the same and their full acceptance.
2.4. The Customer shall not have any right to request compensation or indemnity from the Supplier, nor to attribute to the Supplier any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.
3. SALES PRICES AND TRANSPORT
3.1. All sales prices of the products present and indicated on the site www.homelegans.com, which constitute an offer to the public pursuant to art. 1336 of the Civil Code, include VAT to which shipping costs must be added. These prices may vary at any time without the Supplier being required to give any prior notice; in any case, once the order for the product has been placed, it will not undergo any price variation.
3.2. The cost of national transport, duly highlighted on the appropriate page within the site that the Customer will take care to view before confirming the purchase, is entirely at the Customer's expense. In the case of sales abroad, the Customer will have to bear the shipping costs and additional costs due to taxes or duties provided for by the legislation in force in the country of destination.
4. PURCHASE METHODS
4.1. The Customer may purchase only the products that can be viewed online at www.homelegans.com, as described in the relevant information sheets. It is understood that the image accompanying the description sheet of a product may not be perfectly representative of its characteristics. The images and colours of the products published on the site may differ from the actual ones due to the local settings of the systems and/or tools used for their visualization.
4.2. The purchase contract will be considered concluded with the acceptance, even partial, of the order by Home Elegans. In this case, Home Elegans will confirm receipt of the order by sending an order confirmation email to the email address provided by the Customer. The Customer undertakes to verify the accuracy of the data contained in the order confirmation and to communicate any corrections within 24 hours of receiving the same.
5. PAYMENT METHODS
5.1. Advance Bank Transfer: the goods ordered by the Customer will be held until receipt of proof of the transfer, to be sent to the Supplier at the email address homelegans@gmail.com no later than 3 working days from the date of acceptance of the order. The processing of the goods ordered will take place only upon actual crediting of the amount due to the Supplier's current account.
If the amount due is not credited to the Supplier's account within 7 working days of order confirmation, the order will be automatically cancelled.
The reason for the bank transfer must include the order reference number, the name and surname of the Consumer or the name of the company or natural person if the Consumer is a Professional.
6. SHIPPING AND DELIVERY METHODS
6.1. Shipping and delivery in Italy: the Supplier will deliver the selected and ordered products to the Customers, at the address specified at the time of the order, with the methods set out in this article, through trusted couriers and/or forwarders. The contract is concluded with the delivery of the goods by the Supplier to the courier/shipper. For this reason, the Supplier will not be liable in the event of failed or delayed delivery or total or partial damage to the goods. Only the courier/shipper who carried out the shipment will be liable.
6.2. Upon delivery of the goods by the courier/shipper, the Customer is required to check: that the quantity of goods ordered corresponds to that indicated in the order; that the packaging is intact, not damaged, wet or altered, including in the sealing materials. Any damage must be immediately reported to the courier/shipper who makes the delivery. Once the courier/shipper's document has been signed, the Customer may not raise any objections regarding the external characteristics of the goods delivered.
6.3. Delivery times: delivery times are those indicated in the order confirmation sent by the company after purchase. In the event of failure to indicate a specific delivery term, delivery will take place within sixty days from the day following the sending of the order and/or receipt of payment, as provided for by art. 54 of Legislative Decree 206/05. During periods of closure for Christmas holidays and summer vacation periods, delivery times may be extended and postponed until reopening. The estimated delivery date will be indicated when the order confirmation is sent. The customer will then be contacted directly by the courier/shipper to agree on the time slot and day on which delivery will be made.
6.4. Delays in delivery: any delays in the delivery of the goods by the courier/shipper cannot be attributed or attributable to the Supplier. Nor, in any way, can the Supplier be held liable for damages caused by the courier/shipper, in relation to the delayed delivery of the goods, to the customer or to third parties, the contract being understood to be perfected with the delivery of the goods to the courier/shipper.
6.5. Delivery costs: are the responsibility of the Customer and are clearly and separately stated from the price of the goods or services, when placing the order, as already provided for in the aforementioned art. 3. The shipping service includes delivery to street level and the customer must collaborate with the driver to unload the packages from the tailgate of the truck. Assembly is always excluded.
6.6. For each order placed on www.homelegans.com, the Supplier will issue an invoice showing the price of all items. For the issuance of the invoice, the information provided by the Customer at the time of the order will be valid.
6.7. Any discrepancy between the ordered goods and those delivered must be promptly communicated to the Supplier.
7. RESPONSIBILITY
7.1. The Supplier assumes no responsibility for any disruptions attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier/shipper responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, the execution of the contract within the times and methods agreed upon.
7.2. The Supplier shall also not be liable to anyone for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, the Customer being only entitled to the refund of the price paid by the courier/shipper, who is solely responsible.
8. RIGHT OF WITHDRAWAL
This return policy governs the rights and methods of returning purchases made on our site, in compliance with Legislative Decree 206/2005 (Consumer Code).
1. Exclusion of the right of withdrawal for customized products
Pursuant to art. 59, paragraph 1, letter c), of the Consumer Code, the right of withdrawal does not apply to products made to measure or clearly personalized at the customer's request.
All products made according to the specifications provided at the time of ordering are considered customized, including, but not limited to: dimensions, materials, colors, finishes, accessories or particular configurations.
All products on the site are intended to be personalized and made to measure, as they are produced in accordance with the indications provided by the customer during the order phase.
Therefore, the right of return is not foreseen for these products, except in the cases expressly regulated in the following point 2.
2. Cases in which you can request a return or refund
Even though these are customized products, HOME ELEGANS the right of withdrawal or refund may apply in the following cases:
Manufacturing defects or malfunctions
If the product has defects that compromise its functionality or aesthetics, the customer can first request repair and possibly replacement or refund.
Damage during transport
If the product arrives damaged due to transport, the customer can return it and obtain a refund of the costs incurred. See the Shipping and Delivery section.
Non-compliance with the description
If the product received differs from that described in the product sheet or in the contractual offer.
Seller's default
In case of failure to comply with the delivery terms by more than 30 working days with respect to what is indicated in the contract or other contractual conditions by the seller.
Wrong article
If the customer receives an item different from the one ordered
3. How to request a return
To request a return or exercise your rights, the customer must send written communication to our Customer Service within 14 days of receiving the product, via:
- Email to: homelegans@gmail.com
- Contact form available in the "Contact Us" section of the site.
Customer Service will provide all the necessary instructions to proceed with the return.
4. Conditions for returning the product
In the event that the customer exercises the right to return at point 2, the return costs will be borne by the company and the customer will be required to return the product intact and complete in all its parts, in the original delivery conditions, complete with any accessories, manuals and documentation received, as well as correctly packaged for transport.
9. CORPORATE PURCHASES
9.1. The Supplier supplies the products viewable online at www.homelegans.com also to "professional customers", retailers, natural persons, public or private legal entities, unrecognized collective bodies with autonomous legal personality, who in concluding the contract act within the framework of their professional or entrepreneurial activity.
9. 2. In the case of particularly important orders, the Professional can contact the supplier company directly via email homelegans@gmail.com or by telephone at ------
10. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1. The Supplier has the right to terminate the contract stipulated by simply giving notice to the Customer with adequate and justified reasons; in this case the Customer will have the right, exclusively, to the refund of any sum already paid, net of bank charges. The Customer has the right to cancel the contract within 24 hours of the order, giving timely notice to customer service via email homelegans@gmail.com
10.2 The obligations undertaken by the Customer with this contract are of an essential nature so that, by express agreement, the failure by the Customer to fulfil even one of said obligations will determine the automatic termination of the contract pursuant to art. 1456 of the Civil Code, without prejudice to the right of the Supplier to take legal action for compensation for further damages suffered.
11. JURISDICTION AND COMPETENT COURT
11.1. The sales contract between the Customer and the Supplier is deemed to be concluded in Italy and governed by Italian law.
11.2. For the resolution of civil and criminal disputes arising from the conclusion of this remote sales contract, the territorial jurisdiction is exclusively that of the Court of Vicenza.