Terms and conditions
TERMS & CONDITIONS
1. GENERAL CONDITION OF SALE
1.1. These Terms and Conditions (the “Terms and Conditions”) have been prepared in accordance with the Italian Civil Code, Italian Legislative Decree n. 70 dated 09.04.2003 concerning e-commerce services, and Legislative Decree n. 206/06.09.2005 (the Italian Consumer Code) and in particular with Section 1 of Title III of Part III (Articles 45-67). They govern the offer and sale of products on the website www.elenelen.com (the “Website”).
1.2. The EleNelen trademark products featured on the Website (the “Products”, also in the singular form) are sold by ELENELEN SRL, registered in Via Antonio Gaeta 3/2, 83020 Aiello del Sabato (AV), Italy, VAT number: 03063410645.
2. SCOPE OF APPLICATION
2.1. The General Conditions apply and govern all sales contracts, concluded through the Site, between ELENELEN SRL, as identified above, hereinafter “the Vendor” and the consumer, a person, hereinafter “The Buyer”.
2.2. The Terms and Conditions may be amended at any time. Each Buyer is required to read the Terms and Conditions before making any purchase. In any case, the version of the Terms and Conditions in force on the date on which the purchase order was sent, will apply.
2.3. The Terms and Conditions apply regardless of the Buyer’s nationality, provided that the products are to be delivered in one of the countries for which the Website provides an online sales service as specified in paragraph 2.
3. COUNTRIES OF DELIVERY
The purchase of Products through the Site is currently possible if shipping is to take place in countries where UPS service is active.
4. ONLINE PURCHASES – RESTRICTIONS
4.1. The purchase of Products on the Website is reserved exclusively to individuals acting as consumers (hereinafter the “Buyer”), who are older than 18.
4.2. Consumer indicates a person acting for purposes unrelated to the business or commercial activity, trade or profession.
4.3. Purchases made on the website imply that the Buyer has read, and unconditionally accepted the Terms and Conditions.
5. PRE-CONTRACT INFORMATION
5.1. Before buying online the Buyer shall complete the Vendor’s online order form, and send it electronically, following the instructions given.
5.2. Prior to confirming the order, the Vendor is legally required to provide the Buyer with all the information referred to in Article 49 of the Italian Consumer Code; information about the right of cancellation.
5.3. To complete the order, the Buyer shall confirm the payment for the Products in the Cart; after selecting the Products and confirming the Buyer’s details the Website will redirect the Buyer to the payment systems page, which will manage the payment transaction.
5.4. Any orders for which no payment transaction has been registered will automatically be cancelled.
5.5. On receipt of confirmation of payment as indicated on the order, the Vendor will send the Buyer email confirmation of the order to the address specified during the login.
5.6. The offer of products on the Website is a public offer as defined in Article 1336 civil code; the compilation and successful dispatch of an order via the Website therefore constitutes acceptance of the offer. The contract will be considered to have been made when the Vendor receives the Buyer’s acceptance, on the above-mentioned order form.
5.7. However the Vendor may refuse to accept the order if the credit card or other e-payment is not authorized.
5.8. The Buyer may monitor the status of his or her order by contacting the Customer Service, or using the tracking number given in the shipping confirmation email.
5.9. In any case, the Buyer is required to keep the order number given by the Vendor, and this number should be quoted in all correspondence with the Vendor.
5.10. Sales contracts on the Website can be made in the following languages:
• Italian
• English
5.11. Once the Buyer has completed the online purchase, the Terms and Conditions should be kept for reference. The reading and acceptance of the Terms and Conditions is a mandatory part of the purchase process.
5.12. If the order is not accepted, the Vendor will promptly inform the Buyer by email.
6. CHOICE AND AVAILABILITY OF PRODUCTS
6.1. The Products offered for sale on the website are EleNelen-branded garments and accessories included in the online catalogue at the time the Buyer made the order.
6.2. The Product catalogue may be updated by the Vendor. The Vendor therefore provides no guarantees that a product will be available online. Under no circumstances, can the Vendor guarantee availability of all sizes or models for each garment/color.
6.3. In the product catalogue, each item is accompanied by a description of its main characteristics. Images and colors may not correspond exactly to the real customer characteristics due to the effect of the computer settings or devices utilized by the Buyer to view the Website. Images are published for information only and are subject to the usual tolerance limits.
6.4. If the chosen Product is not available, despite being selected on the order form, the Vendor will promptly inform the Buyer by email and offer the termination of the sale contract and a refund of the price including any delivery costs, if already paid.
7. PRICES, CONDITIONS OF PURCHASE AND MEANS OF PAYMENT
7.1. The price of the product published on the site is related to the individual garment, expressed in Euros and inclusive of VAT.
7.2. The Products can be paid for by the following methods:
• Credit card or debit card via Strype Payments (Visa, MasterCard, American Express ect)
• PayPal (This method automatically redirects the user to the payment page of the site PayPal)
• Klarna: a service that allows you to divide the cost of your purchase on our site into 3 equal payments. You can find all the information about the option and how to use it online on the official Klarna website.
• Google Pay (This method automatically redirects the user to the payment page of the Google Pay)
8. TERMS OF DELIVERY, COSTS AND OTHER CHARGES
8.1. The shipment will be made within two days after receiving funds to the Vendor’s bank account. . Shipping takes place during business days between Monday and Friday.
8.2. Courier will deliver the Products directly to the Buyer, at the delivery address as specified in the order, or in Access Point UPS, chosen by Buyer.
8.3. The Buyer is responsible for providing all the information necessary for successful delivery (for example, for deliveries to third parties, specify the name on the doorbell).
8.4. It is not possible to collect the Products purchased through the Site directly from the Vendor’s warehouse.
8.5. The costs and types of shipping may vary depending on the country and the shipping methods chosen by the Buyer.
8.6. These costs and any additional charges are payable by the Buyer. The amount will be indicated separately in the order summary before the Buyer submits the order, and in the email confirming the order.
8.7. When the Products are delivered to the courier by the Vendor, the Buyer will receive a confirmation email from the Vendor, expressly indicating the name of the courier and the shipping details and tracking number.
8.8. The delivery time will vary depending on the destination country and chosen shipping method.
• In Italy delivery takes for 1-5 working days
• In Western European countries delivery takes for 2-5 working days
• In Eastern European countries delivery takes for 4-5 working days
• In other countries of the world delivery takes for 2-5 working days
In any case, the delivery time indicated may vary and depends on the courier and its circumstances. With the order placed, the Buyer accepts this fact and can not withdraw from delivery in case of delay due to the courier.
8.9. The delivery procedure includes the following options of Buyer’s choice:
• Delivery at Access Point of the UPS courier, in this case the User must collect the package on time.
• Delivery to public address (office, workplace). Both in Italy and abroad, the delivery procedure provides that, in case of absence of the recipient at the time of access of the courier, the person in charge will leave a notice, in order to subsequently complete the shipment. There are three attempts of delivery at the public address included the delivery fee.
• Delivery at private address (house, condominium). Both in Italy and abroad, the delivery procedure provides that, in case of absence of the recipient at the time of access of the courier, the person in charge will leave a notice, in which the Access Point address closest to the delivery address will be indicated, where the package will remain available to collect in the next 10 days. If the Buyer wish to use the second delivery attempt, he must contact UPS Customer Support in his country.
8.10. The delivery of the Products is considered completed when the consumer, or the third party designated by him and other than the carrier, takes physical possession of the goods; from that moment, the legal risk of loss or damage of the Products for reasons not attributable to the Vendor, is transferred to the Buyer.
8.11. Please note that the costs related to the customs of the non-EU country are not included in the price of delivery. To know these costs, the customer must contact the customs of the country of delivery.
9. BUYER’S OBLIGATIONS ON DELIVERY
9.1. The Buyer confirms that the collection of the Products is an obligation deriving from the sale contract agreed with the Vendor.
9.2. If the Products are not delivered because the recipient was out, after the scheduled delivery attempts have been made, the package will be returned to the Vendor.
9.3. In case of non-delivery due to the absence of the recipient, the contract must be considered terminated by law pursuant to art. 1456 cc, with communication from the Vendor sent by e-mail to the Buyer, and, therefore, the order in all respects will be canceled. Within 15 days from the above communication, the Vendor will then refund the total amount paid by the Buyer for the Products, less the costs of unsuccessful delivery, the costs of returning the Products to the Vendor and any other expenses that the Vendor has incurred due to non-delivery. resulting from the absence of the Buyer or failure by the Buyer to take action in receiving the delivery.
9.4. Any reimbursement will be effected to the same card/payment method used by the Buyer.
9.5. Following the communication of absence of recipient and cancellation of the order, the Buyer will have to make a new order, if he or she intends to request the delivery of the products.
9.6. The Vendor reserves the right to refuse orders from Users for non-fulfillment of the obligation to receive delivery of the Products.
9.7. On receipt of the Products, the Buyer is required to verify their conformity in relation to the order, paying attention, in particular, that:
• the number of parcels indicated on the courier’s letter corresponds to the number actually delivered;
• the pack is intact and has not been damaged or tampered with.
9.8. Any irregularities (tampering, damage to the package) should be specifically indicated in writing on the courier’s transport notes. The Buyer should refuse the delivery. The Buyer should report the incident to the Vendor’s Customer Service department, via the relevant section.
9.9. If the Buyer does not proceed in accordance with the above and therefore accepts the products even if the packaging has been damaged or tampered with, the Buyer will lose the benefit of the products’ legal conformity warranty.
10. RIGHT OF CANCELLATION
10.1. The Buyer, as consumer, may cancel the sale contract under Article 52 of Italian Legislative Decree 206/2005 (Consumer Code) without having to provide any explanation or incurring any penalties by sending the notice of termination to ELENELEN SRL by email: info@elenelen.com.
10.2. The Buyer may exercise the right of cancellation within 14 days from the date on which the Buyer , or third party other than the courier, designated by the Buyer, takes material possession of the Products. For multiple products ordered in a single order and delivered separately, the right of cancellation within 14 days will take effect from the date on which the Buyer or the third party other than the courier, indicated by the Buyer, takes material possession of the final item.
10.3. On receipt of the notice of Cancellation, if sent in time, the Vendor will reimburse the full price for the products, excluding delivery costs caccording art. 56, comma 2, del D. lgs. 21/14, within 30 days from the date on which the Vendor receives the goods at the warehouse.
10.4. The reimbursement will be made using the same card/payment method utilized by the Buyer. To this end, the User authorizes ELENELEN SRL to keep its bank details and payment data for the time necessary for the exercise of the right of withdrawal and for all other legal obligations.
10.5. Having exercised the right of Cancellation, the Buyer must return the products within 14 days from the date on which he or she informs the Vendor of his or her decision to withdraw from the contract by sending the products to the following address and by courier, indicated in the further instructions of the Vendor, received by email.
10.6. In any case, ELENELEN SRL may withhold the refund until it has received the goods subject to withdrawal and/or until the consumer has shown that he has sent the goods back.
10.7. The Products must be returned in the original packaging, including all the ancillary documents, tags, labels, seals, anti-shoplifting devices, unworn and unwashed.
10.8. For the return of the Product, the User should use the authorized courier UPS, following the instructions from the Vendor, received by email.
10.9. All the risks of loss or damage of the Products during shipping will be at the cost of the Buyer.
10.10. Direct costs of return in Italy will be paid by the Buyer, unless there is a temporary offer, published on this site.
10.11. Direct costs of return from other countries of the world for any order will be paid by the Buyer, unless there is a temporary offer, published on this site.
10.12. As provided for in Article 57 (2) of the Italian Consumer Code, the Buyer is responsible for any impairment in the value of the products resulting from any handling other than that which is necessary to determine the nature, characteristics and functioning of the items.
10.13. If, having received the returned goods, the Vendor finds that the value of the products has been impaired and the Buyer is responsible for this, the Vendor may offset the amount of the impaired value against the amount refunded to the Buyer because of the cancellation. In such a case, the Vendor will inform the Buyer within 14 days from receipt of the returned goods.
10.14. Refunds include the cost of the product, but not the paid shipping.
11. LEGAL CONFORMITY WARRANTY
11.1. All the Products sold on the Website have the benefit of the legal conformity warranty (Articles 128 ff. of the Italian Consumer Code). In any case, this only applies to the consumer.
11.2. The Vendor is obligated by Law to deliver goods that conform to the sale contract.
11.3. The Vendor is liable towards the Buyer in respect of any defect in the Products existing at the time of delivery, which manifests within two years of the delivery date.
11.4. In order to benefit from the above guarantee, the Buyer must report the conformity defect to the Vendor within two months from discovery, failing which the complaint will be invalid, by contacting the Customer Service department by email: info@elenelen.com. The complaint must contain a full, accurate description of the defect or fault.
11.5. The Customer Service department will reply to the Buyer’s notification and provide instructions on how to return the defective product, which will be at cost of the Vendor.
11.6. The Vendor may ask the Buyer to include the invoice or other document confirming the sale, together with the product in question.
11.7. If the legal conformity warranty is operational, the Buyer has the right to the free repair or replacement of the Product, at his/her discretion, unless the requested remedy is objectively impossible or excessively onerous compared to the other solution.
11.8. The Buyer may request an appropriate reduction in the price or termination of the sale contract only if the repair or replacement is impossible or excessively onerous, if the repair or replacement does not take place within an appropriate period, or if the repair or replacement has caused considerable inconvenience to the Buyer.
11.9. A minor conformity defect cannot create a right to terminate the contract.
11.10. Conformity defects and legal warranties do not include any faults or defects resulting from accidents, inappropriate use, the fault of the Buyer, or normal wear and tear.
12. CUSTOMER SERVICE, COMPLAINTS AND COMMUNICATIONS
The Buyer may contact the following office to receive any further information or assistance, or to send complaints:
• E-mail: info@elenelen.com
All communications sent by email in accordance with the Terms and Conditions are to be sent to the address given by the Buyer at the time of login.
13. APPLICABLE LAW AND JURISDICTION
Italian law governs these general sales conditions.
In the case of disputes regarding these general sales conditions, the Customer is informed of the possibility of using the ODR platform for resolving online consumer disputes pursuant to EU Regulations 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is active at the following website webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
However, the Customer has the right to use the ordinary dispute resolution methods arising from the interpretation, validity and/or performance of these general conditions of sale, and, in this case, the inviolable territorial jurisdiction will be the Court in the location of the consumer’s residence or domicile.
14. PERSONAL DATA PRIVACY AND PROTECTION PROVISIONS
The collection and processing of data is carried out to manage and execute present and future purchase orders and in particular for the fulfilment of the obligations arising out of these General Sales Conditions.
A copy of the Privacy Policy can be found at www.elenelen.com.
15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The material contained on this website is provided strictly for informational and promotional purposes: the information, images, photographs, trademarks and other material present on this website is and remains the exclusive property of ELENELEN SRL.
This means that partial and/or total reproduction, distribution, publication, transmission, modification in any way, and sale of any material contained on this website is strictly forbidden.
The material found on this website may be used for personal, non-commercial uses only; such use shall not imply any ownership of, rights to or interest in the material contained herein. Any use other than the above is therefore strictly prohibited and constitutes an infringement of ELENELEN SRL rights.
16. DISCLAIMER/EXCLUSION OF LIABILITY
The material present on this website may contain errors or inaccuracies and may not be up to date. ELENELEN SRL shall not accept any liability for this content. Assessment and verification of the content and information appearing on this website, even if acquired through a third party, and of its quality is therefore entirely your own responsibility, as ELENELEN SRL, when indicating and selecting this content and information, would have conducted a subjective assessment at the time of publication without making any commitment as to the results and/or users’ satisfaction.
ELENELEN SRL and its employees shall not accept liability for any damages connected with the use of this website or the information contained within it, or for the functioning of the website. Anyone using the information and/or material contained herein accepts full responsibility for any loss, expenses or damages of any nature and entity resulting directly or indirectly from use of this website.
Last updated: 18/10/2022