Terms and conditions of sale
Definitions
The terms and phrases listed have the meanings indicated below, it being understood that terms defined in the singular are also understood to be defined in the plural and vice versa.
● Customer: means any person (natural or legal person) who purchases one or more Products through the Online Shop, accepting the General Terms and Conditions of Sale.
● Guerra 1855: means Guerra 1855 di Guerra Pier Luigi e C. S.a.s. with registered office in Borgosesia (VC), Via Cravo 20 (Italy), registered with the Register of Companies of Vercelli, CF and registration number 01392480024, REA VC137652.
● Parties: jointly means Guerra 1855 and the Customers.
● General Conditions of Sale: means these general conditions of sale and any future new versions that may be posted on the Online Store by Guerra 1855.
● Online Store: means the virtual store operated by Guerra 1855 and accessible through the URL https://www.guerra1855.com/shop, through which Products can be purchased.
● Sale and Purchase Agreements: means the contracts for the sale and purchase of Products concluded, pursuant to Article 3., between Guerra 1855 and Customers through the Online Shop.
● Orders: means the purchase orders for the Products sent by the Customers, in accordance with the General Conditions and following the procedure set forth in Art. 6.
● Order Confirmation: means the e-mail message through which Guerra 1855 notifies Customers of the acceptance of Orders.
● Price: means the selling price of the Products as shown in the Online Store under the Products themselves.
● Products: means the products posted in the Online Store for the purpose of their sale.
Item
2.1 The General Conditions of Sale govern all Contracts of Purchase and Sale and form an integral part thereof.
2.2 Guerra 1855 reserves the right to change the General Terms and Conditions of Sale at any time, it being understood that those published in the Online Shop at the time the Orders are placed by the Customers shall be deemed applicable to the Sale and Purchase Agreements.
2.3 In the event of any conflict between the General Conditions of Sale and any other terms and conditions relating to the Sale and Purchase Agreements published in the Online Shop, the terms and conditions most favorable to the Customers shall apply.
Conclusion of Purchase and Sale Contracts
3.1 Guerra 1855 undertakes to send Order Confirmation to Customers within 3 working days of receipt of Orders from Customers.
3.2 The Sale and Purchase Agreements shall be deemed to be concluded between the Parties when Customers receive the Order Confirmation. If Customers do not receive the Order Confirmation within the term indicated in clause 3.1, the relevant Order shall be deemed to be rejected by Guerra 1855 and, therefore, of no effect.
3.3 By sending the Orders, Customers declare that they have read all the instructions concerning the mode of purchase of the Products referred to in art. 6 and that they have fully accepted the General Conditions as well as having read all the further information contained on the Online Shop, also referred to through links.
3.4 Orders will be stored in our database in the manner and in accordance with the provisions of Legislative Decree No. 196 of 30.06.2003 ("Privacy") and will be accessible by contacting Guerra 1855.
Availability of Products
4.1 At each Product posted in the Online Store, Guerra 1855 indicates whether the same:
(i) is available at its warehouses;
(ii) possibly the availability of size/color or other variations;
4.2 The type of Products published in the Online Shop and their availability may change at any time without any liability for Guerra 1855 to Customers.
4.3 The indication regarding the availability of the Products is not binding. In the event of the unexpected unavailability of a Product indicated as available at the time the Order is placed by a Customer, Guerra 1855, without prejudice to the provisions of Article 3.2, undertakes to indicate to such Customer, in a subsequent communication by e-mail or telephone, the approximate time expected for a new availability of the Product(s) covered by the Order placed by the Customer. The Customer may withdraw the Order within 48 hours of receipt of such communication from Guerra 1855 (subject to the right of withdrawal set forth in Article 9) by sending an e-mail message or telephone call to the address specified in Art. 14. In this case Guerra 1855 agrees to refund the Price as soon as possible.
4.4 If a Product is marked "Available to Order" it means that such Product may be ordered. Guerra 1855 will proceed with fulfillment of the order in approximately 4 to 6 weeks.
4.5 Guerra 1855 reserves the right not to indicate the availability of the or certain Products posted in the Online Store.
Destination, Price and Shipping Costs
5.1 The Online Shop automatically accepts Orders with destination Italy, countries belonging to the European Union and non-EU countries (among those in the list selectable by the Customer at the time of entering its data for the shipment of the Products).
5.2 The Price is expressed in € (Euro). The applicable Price shall be the Price published in the Online Store at the time of placing of Orders by Customers.
5.3 The Price is inclusive of VAT (22%).
5.4 The Price indicated at the time of purchase of each Product belonging to the category "hats" includes shipping costs if the destination address is in Italy or in one of the countries of the European Union. For other types of Products, there may be specific shipping costs for Italy and the countries of the European Union, which are clearly stated on the checkout page before Customers place their Orders. Orders may be shipped by express courier or Italian Postal Service, at Guerra 1855's discretion.
5.5 All Orders destined to countries outside the European Union are subject to a handling/shipping charge of 45 Euro, which is automatically added to the Price of the Products at checkout. Orders may be shipped via express courier or Italian Postal Service, at Guerra 1855's discretion.
5.6 Any taxes, levies, duties and other charges provided for by Italian or foreign laws in the case of Products shipped and delivered to countries outside the European Union shall be borne entirely by the Customers and paid by them at the time of delivery, directly to the competent tax or customs authorities or to the courier or letter carrier in charge of delivery.
Method of sending Orders
6.1 Customers may purchase Products by accessing the relevant type section of the Online Store, placing them in the shopping cart and then proceeding to purchase.
Methods of payment
7.1 Customers may pay the Price and any contribution for shipping costs as set forth in clause 5 by credit card (through PayPal circuit), PayPal, Klarna or bank transfer. Guerra 1855 reserves the right to change, at any time, the means of payment usable by Customers, it being understood that those published in the Online Shop at the time the Orders are placed by Customers shall be deemed usable.
7.2 Upon submission of Orders by Customers, in case of payment via PayPal account, the web session will be transferred to PayPal's secure website. On such website, Customers may complete payment of the Price using their PayPal account and according to the terms of use of the PayPal service subscribed to by Customers at that time or previously. Customers may also complete the purchase without a PayPal account by paying with credit cards on PayPal circuit according to the terms of use of the PayPal service. No Customer password or credit card linked to the PayPal circuit is displayed or stored by Guerra 1855.
7.3 Upon submission of Orders by Customers, in case of payment through Klarna, the web session will be transferred to Klarna's secure website. On that website, Customers may complete payment of the Price using their Klarna account and according to the terms of use of the Klarna service subscribed to by Customers at that time or previously. Customers may also complete the purchase without a Klarna account by paying with credit cards on Klarna circuit according to the terms of use of the Klarna service. No passwords or Customer credit cards linked to the Klarna service are displayed or stored by Guerra 1855.
7.4 If requested by Customers at the same time as placing Orders, Guerra 1855 shall send Customers regular invoices, by e-mail or mail. For the purpose of issuing the invoice, the information provided by the Customers shall be authoritative. No change in the invoice shall be possible after its issuance by Guerra 1855.
7.5 The information received by Guerra 1855 pursuant to this Article 7 shall be used solely for the purpose of completing the procedures relating to the sale of the Products and for reimbursement procedures in the event of the exercise of the right of withdrawal set forth in Art. 9. By Clients.
Shipping and Delivery of Products
8.1 WHEREAS, "shipment" of Products by Guerra 1855 means delivery of the same to the couriers selected from time to time pursuant to Section 8.2, Guerra 1855 agrees to ship the Products:
(i) in the case of Available Products (as defined in Article 4.):
- Within 3 working days after the information of successful payment has been made available to Guerra 1855
(ii) in the case of available Products that have become unavailable (as defined in clause 4.3), within 3 business days of such Product(s) becoming available again at Guerra 1855's warehouses, without prejudice to Customer's right to withdraw the Order pursuant to the same clause 4.3;
(iii) in the case of "orderable" Products, (as defined in clause 4.4), within 3 business days after the same are available at Guerra 1855's warehouses;
(iv) in the event that the availability of one or more of the Products is not indicated (as per the option set forth in clause 4.5) and the Products are available at Guerra 1855's warehouses at the time the Order is placed by the Customers:
- within 3 working days after the information of successful payment has been made available to Guerra 1855;
(v) in the event that the availability of one or more Products is not indicated (as per the option set forth in clause 4.5) and the Products are not available at Guerra 1855's warehouses at the time the Order is placed by the Customers, within 3 business days after the Products are available at Guerra 1855's warehouses.
8.2 Guerra 1855 guarantees the shipment of the Products to the countries indicated in the Online Shop by means of express couriers selected according to the Product object of the Order and the place of destination or, alternatively, by Italian Postal Service. The Products are shipped by Guerra 1855 and delivered by the courier selected by Guerra 1855 or by the postal carrier to the address indicated by the Customers when placing the Order in the Online Shop.
8.3 Guerra 1855 agrees to use its best efforts to ensure that Products shipped pursuant to Sections 8.1 and 8.2 are delivered:
- in Italy within 48 hours from the date of shipment;
- outside Italy within 10 days from the date of shipment.
8.4 The Delivery Terms set forth in clause 8.3, cannot, in any event, be considered binding and Guerra 1855, being unable to directly control deliveries of Products subsequent to their shipment, cannot be in any way responsible for their non-compliance.
8.5 Customers, or other persons appointed by Customers who are at the address indicated for delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:
(i) the Products correspond to what is indicated in the courier's transport document (DDT) in both number and type;
(ii) the packaging/packaging of the Products is intact, undamaged, not wet or otherwise altered, including the sealing materials.
8.6 Any damage to the packaging/wrapping of the Products must be immediately contested by Customers by placing a written reserve of control on a proof of delivery from the courier or letter carrier. It is understood that once the courier's or letter carrier's document has been signed without any objection, Customers may no longer raise any objection to Guerra 1855 with respect to the external characteristics of what has been delivered.
8.7 Products may be delivered by couriers or letter carriers only to Customers or persons authorized by them; the person to whom the Products are delivered must affix a signature to certify delivery. Couriers do not make deliveries at post office boxes or by placing Products in letterboxes or other similar places.
Right of withdrawal
9.1 If Customers are "consumers" (i.e. a natural person acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out, if any), Customers are entitled, pursuant to and for the purposes of article 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 14 days from the date of receipt of the Products subject of the Sale and Purchase Agreements. The Right of withdrawal must be exercised by Customers by sending Guerra 1855 a written notice, by e-mail to shop@guerra1855.com, containing:
(i) the manifestation of willingness to make use of the right of withdrawal;
(ii) an indication of the Order number that gave rise to the Purchase and Sale Agreement from which they intend to withdraw.
9.2 In the event that Customers exercise their right of withdrawal under this Article 9:
(i) Customers undertake to return the Products within 10 business days from the date of the notice of withdrawal referred to in Article 9.1;
(ii) all costs associated with the return of Products shall be borne entirely by the Customers, except where there is an error made by Guerra 1855 (e.g., sending a different Product than ordered or defective);
(iii) Guerra 1855 agrees to refund the Price as soon as possible, and in any event within 30 days from the date of receipt of the notice of withdrawal referred to in Article 9.1, provided that:
- the Products have been returned and are undamaged;
- any original packaging of the Products present within the packaging is also returned and the same is intact;
- any accessories, instruction manuals, labels, etc. are also returned and the same are intact;
- the Products have not been used;
9.3 If the Customers exercise the right of withdrawal in a manner not in accordance with the terms and conditions set forth in this Article 9, the Customers shall not be entitled to a refund of the Price.
9.4 The right of withdrawal does not apply in the case of Products defined as "Available to order" in Section 4.4.
Privacy
10.1 Guerra 1855 represents and warrants that Customers' personal data will be treated in accordance with the provisions of current privacy legislation, as amended.
Errors and/or inaccuracies in the Online Shop
11.1 Guerra 1855 undertakes to constantly check the Online Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Shop contains, or may over time contain, errors, inaccuracies or omissions.
11.2 Guerra 1855 therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Store even after an Order has been placed and likewise reserves the right to change or update information at any time without prior notice to Customers.
Intellectual Property
12.1 All intellectual property rights associated with the Online Shop (including its contents) are the exclusive property of Guerra 1855; The Online Shop and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked, or used for any purpose without the prior written consent of Guerra 1855.
Applicable law
13.1 The General Terms and Conditions of Sale and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in Articles 50 to 67 regulates distance contracts - and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and must be interpreted in light of this.
13.2 For any dispute that may arise in connection with the General Conditions of Sale and/or the Sale and Purchase Agreements, the Court of Vercelli shall have exclusive jurisdiction.
Contact
14.1 For further information and assistance on the Online Store or on how to purchase on the Online Store or on the Sale and Purchase Agreements, Customers may contact Guerra 1855 via e-mail shop@guerra1855.com or by phone at (+39) 0163-24546.