1.1. The sale of “Sabrina Zani” and “Fly On” branded products concluded remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Conditions of Sale.
The products offered on the Site are sold directly by Zani Marcello S.r.l. (hereinafter referred to as “THE COMPANY”). THE COMPANY is a company incorporated under Italian law, with registered office in Viale C. Colombo 86, 50054 Fucecchio (FLORENCE), Italy, VAT number: 03922490481
1.2. The use of the remote sales service governed by these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as “Customer” or, in the plural, “Customers”) understood as natural persons acting for purposes not related to their own commercial, entrepreneurial, craft or professional activity carried out, over the age of 18 (or, if minors, authorized by their legal representative).
The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
1.3. The languages used for the conclusion of the sales contract through this Website are: Italian and English.
1.4. These General Conditions of Sale are published on the Website in order to allow the knowledge as well as the storage and reproduction by the Customer in accordance with current legislation.
1.5. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.
THE COMPANY reserves the right to make changes and / or additions to these General Conditions of Sale at any time.
Any changes and / or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and non-enforceability of the same towards the COMPANY in relation to purchases made after their elimination from the Website and this also in the event that said Conditions General Sales were in any case available and / or accessible to the public through other internet sites, other than the one indicated above.
2. Availability of products
2.1. The Customer acknowledges that the products offered by THE COMPANY on the Website (hereinafter referred to as the “Products”) are numerically limited and is therefore aware that THE COMPANY must check their availability at the time of purchase.
2.2. Problems may occasionally occur in relation to the availability of certain Products. In such circumstances, the COMPANY will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of their order.
In the event of only partial unavailability, the Customer will be asked if he prefers to receive the available Products or to proceed with the total cancellation of the order.
2.3. THE COMPANY reserves the right to change the items offered for sale on the Website at any time, without prior notice.
3. Purchase procedure
3.1. Each Product offered for sale on the Website can be viewed via a special link that allows you to view the photographic images of the item, the unit price, the colors and the different sizes (if any).
3.2. The Products chosen by the Customer will be placed in a specific section (hereinafter referred to as the “Cart”).
The description of the Products, including the measures or sizes (if any), together with one or more photographic images in digital format, which allow a correct representation of the Products, will be included in the Customer’s Cart.
3.3. Although THE COMPANY constantly adopts measures aimed at ensuring that the photographs shown on the Website faithfully reproduce the original products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, THE COMPANY will not be responsible for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.
3.4. To view the selected Products and the total price of the purchase order, you need to access the Shopping Cart page.
The Customer, before confirming his order proposal (hereinafter referred to as the “Order Proposal”), is required to verify the accuracy of the contents of the Cart and to complete the purchase form according to the instructions provided on the Site Web.
3.5. The purchase procedure ends when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the “Purchase Button”), thus validating his Order Proposal, which will be sent directly to L ‘COMPANY.
After selecting the Purchase Button, the content of the Order Proposal can no longer be changed by the Customer.
3.6. Before confirming the Order Proposal, the Customer must declare that they have read and accepted these General Conditions of Sale. At the end of the purchase procedure, it is advisable for the Customer to save or print the General Conditions of Sale.
3.7. The purchase procedure must be completed in full; otherwise, the Order Proposal will not be sent to THE COMPANY.
3.8. Each Order Proposal and the Customer data necessary for the purchase will be archived by THE COMPANY for the period of time and in compliance with the conditions provided for by current legislation.
3.9. Customers who have registered in the reserved area of the Website will be able to check the status of their order by logging in to this area and entering the page relating to their orders.
3.10. The Customer is aware that he is responsible for the correctness and truthfulness of all data entered on the Website or in any case used during the purchase phase.
4. Conclusion of the contract
4.1. Following the confirmation of the Order Proposal, the order is sent to THE COMPANY to be processed and cannot be further modified or canceled.
The Order Proposal issued by the Customer will be taken over by THE COMPANY only if the entire purchase procedure has been completed regularly, without any error being highlighted by the Website.
After making the Order Proposal, the Customer will receive an email with which THE COMPANY will communicate that it has received the Order Proposal. This email cannot be understood as acceptance of the Order Proposal. The acceptance of the Order Proposal by the COMPANY and the conclusion of the contract will take place in accordance with the provisions of point 4.2 below.
4.2. The contract stipulated between THE COMPANY and the Customer must be considered concluded when the Customer receives a confirmation e-mail from THE COMPANY (hereinafter referred to as “Confirmation Email”).
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product and its main characteristics, the total price of the order , including any shipping costs, the address to submit any complaints, information on after-sales assistance services, on the existence of the right of withdrawal and on the relative methods of exercise.
4.3. THE COMPANY reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
a) unavailability, even temporary, of the Products included in the Order Proposal;
b) existence of a legal dispute between the COMPANY and the Customer relating to a previous order;
c) if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled his obligations;
d) if it emerged that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes;
e) if the Customer has been involved or is suspected of illegal or fraudulent activities.
In the aforementioned cases, the COMPANY will notify the Customer by e-mail, within 30 (thirty) days from the date of actual receipt of the Order Proposal, of any cancellation of orders received. In this case, no Order Proposal shall be deemed accepted by THE COMPANY and no contract shall be deemed concluded between THE COMPANY and the Customer.
In the event of partial unavailability of the ordered Product, before receiving the Confirmation Email, the Customer will be able to choose whether to receive only the Products available or cancel the order entirely. If the cancellation is only partial, the Customer will only be charged for the amount relating to the Products actually purchased.
5. Price and Method of Payment
5.1. The prices of all the Products offered for sale on the Website are inclusive of VAT.
5.2. These prices will be indicated in Euros (EUR).
5.3. The total amount of the price shown in the Cart includes shipping costs.
In any case, the COMPANY will ask for the Customer’s express consent for any additional additional costs.
5.4. The prices published on the Website and shown on the Shopping Cart at the time of confirmation of the Order Proposal by selecting the Purchase Button by the Customer will be charged to the Customer, provided that the Products ordered are available at that time.
THE COMPANY reserves the right to change the prices of the Products offered for sale on the Website at any time and without notice.
5.5. THE COMPANY accepts only credit cards and other payment methods expressly indicated on the Website.
5.6. For the purpose of payment by credit card, the Customer confirms and guarantees to be the holder of the credit card used for the purchase and the correctness of all the data relating to it, entered during the purchase phase, such as: the number, the date expiration date and, if necessary, the security code.
The transaction will be charged to the Customer only after:
(i) verification of credit card data, (ii) receipt of the debit authorization from the company issuing the credit card used by the Customer and (iii) confirmation of the availability of the product by THE COMPANY and in any case after the order is ready to be processed.
Therefore, no charge will be made at the time of sending the Order Proposal.
5.7. For the purpose of payment through other payment service providers, the Customer confirms and guarantees that he is the owner of the account used for the purchase.
The transaction will be charged to the Customer only after the latter has received the Confirmation Email from THE COMPANY.
5.8. The shipment of the purchased Products will be carried out only after successful payment of the amount due by the Customer.
In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the sales process will be automatically canceled and the sale canceled, as per the communication that will be sent to the Customer.
5.9. In the event that one or more Products are not available and the Customer has decided not to cancel the order in full, only the price and any shipping costs relating to the available Products will be charged.
6.1. 6.1. The Products will be shipped to the address indicated by the Customer in the Order Proposal. The Customer’s signature will be required upon delivery of the Products.
6.2. For security reasons, THE COMPANY will not process any order addressed to a post office box nor will it accept any order in which it is not possible to identify the individual recipient of the order and its address.
6.3. In cases where the Customer is charged for shipping costs, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the Customer’s selection of the Purchase Button.
6.4. In compliance with current legislation, the maximum term within which the COMPANY will have to deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract, except for events of force majeure.
6.5. If the COMPANY does not deliver the ordered Products within the aforementioned deadline, the Customer must ask THE COMPANY to make the delivery within an additional period appropriate to the circumstances, in accordance with current legislation.
Without prejudice to the Customer’s right to immediately terminate the contract if the ordered Product is not delivered within the additional deadline that may be indicated.
6.6. THE COMPANY reserves the right to split an order into several shipments, according to the availability of the Products. In this case, the COMPANY will inform the Customer by e-mail and will be able to charge the Customer the price separately only for the Products actually shipped or in a single solution.
6.7. Upon shipment of the purchased Product, the Customer will receive an e-mail at the address indicated in the Order Proposal. This e-mail will contain a tracking code of the shipment and an exclusive link (link) that will allow the tracking of the delivery in real time.
The COMPANY’s Customer Service will provide assistance for any possible problem relating to delivery. The Customer can contact the COMPANY’s Customer Service by e-mail at: email@example.com
6.8. The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and other than the carrier, materially comes into possession of such Products.
In the event that, on the contrary, the loss or damage of the Product occurs before the material is delivered to the Customer or to a third party designated by him, THE COMPANY will reimburse the Customer the amounts already paid.
7. Conformity of Products
7.1. At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present manufacturing defects or lack of conformity. The legal guarantees provided for by current legislation are applicable to the sale of the Products, as well as any additional conventional guarantees provided to the Customer.
7.2. In the event of production defects or lack of conformity, the Customer will have the right to restore, without charge, the conformity of the Product by repair or replacement, unless the requested remedy is objectively impossible or excessively expensive compared to the other. If one of the hypotheses provided for by law occurs, the Customer may request an appropriate reduction in the price or the termination of the contract and the consequent refund of the price paid. It is understood that the Customer loses this right if he does not report the lack of conformity to the COMPANY within 14 (fourteen) days from the date on which he discovered the defect.
7.3. In order to report the presence of defects and faults in the Products and obtain one of the remedies listed above, the Customer may contact THE COMPANY at the addresses indicated in the following article 12.
8. Returns and Refunds – Withdrawal
8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products. In the case of a split order, this term begins on the day of delivery of the last Product.
8.2. To exercise the right of withdrawal, the Customer can write an email to firstname.lastname@example.org or call +39 0571 21407 to make arrangements for the return.
8.5. The Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated to THE COMPANY his decision to withdraw from the contract.
8.6. The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all the labels with which they were received. In the event that a Product is provided with a security label, the return of the Product will not be accepted if the original security label has been removed, broken or tampered with. The COMPANY will check the packaging and the condition of the individual Products returned, constituting the substantial integrity of the same essential requirement for exercising the right of withdrawal.
THE COMPANY reserves the right to refuse the return of those Products that are damaged, deteriorated, dirty or are in a state such as to suggest, unequivocally, that they have been used for purposes other than the strictly necessary Customer checks. to ascertain the nature and characteristics of the purchased Product.
In case of refusal of the return, THE COMPANY will send a specific communication to the Customer and will not proceed to re-credit the price paid by the same, also reserving the right to request compensation for any damage attributable to the Customer’s conduct.
8.7. The reimbursement of the price of the returned Products will be carried out by THE COMPANY without undue delay and in any case within 14 (fourteen) days from the date on which the COMPANY became aware of the Customer’s exercise of the right of withdrawal.
In any case, the COMPANY reserves the right to withhold the refund until it has received and verified the Product or until the Customer proves that he has returned the product correctly and in intact condition, taking into account the situation that occurs first.
The aforementioned refund will be made by crediting the amount paid by the Customer to be made with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that he does not have to incur any costs as a result of the refund.
The COMPANY will confirm to the Customer by e-mail the reimbursement of the price.
8.8. THE COMPANY will not be required to reimburse the costs of delivery of the Products if the Customer has expressly chosen a type of delivery other than the standard one offered by THE COMPANY.
8.9. The return of Products pursuant to this article is permitted only in relation to purchases made on the Website.
9. Limitation of Liability
9.1. Apart from cases of willful misconduct or gross negligence, THE COMPANY will in no way be liable to the Customer for any indirect or consequential damages that may arise from the purchase of Products offered for sale on the Website.
10. Authenticity of products and intellectual property rights
10.1. THE COMPANY guarantees the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The “Sabrina Zani” and “Fly On” trademarks, as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the COMPANY’s products, on the related accessories and / o packaging, whether registered or not, is and remains the exclusive property of Zani Marcello Srl Total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for any reason and on any medium, are strictly prohibited.
11.1. These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other mandatory rule, more favorable to the Customer, applicable in the country of habitual residence of the Customer.
11.2. In the event of a dispute arising from the interpretation and / or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, will have exclusive and binding jurisdiction. If the Customer’s domicile or residence is located in a territory other than the Italian State, the Customer may, at his choice, appeal to the Court of his place of residence or domicile or the Court of Milan.
Alternatively, the Customer may promote one of the out-of-court dispute settlement procedures provided for by current legislation. To this end, the Customer may use the on-line platform made available by the European Commission, which can be accessed through the website http://ec.europa.eu/odr.
12.1. For any complaint, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and / or clarification regarding what is reported in these General Conditions of Sale, Customers may send an e- mail to the following address: email@example.com or call: +39 0571 21407
Last update: October 8, 2020