General conditions of online sales INDEX 1. Premises 2. Definitions 3. Buyer's obligations 4. Purchase order 5. Conclusion and effectiveness of the Contract 6. Availability of the Products and purchase voucher. Shipping 7. Payments. Execution of the Contract. Delivery terms 8. Customs, fiscal and administrative obligations 9. Company authority 10. Attributable appearance 11. Right of withdrawal 12. Guarantees towards Consumers and Professionals 13. Applicable law 14. Conciliation and competent court 1. Premises 1. With these general conditions of online sales ('ECGV'), CHIERCHIA VINCENZO, Tax Code CF CHRVCN66C13L628K, VAT number 02971270653 with registered office in CAVA DE' TIRRENI (84013- SA), Via GENERALE LUIGI PARISI, 104/F ( 'DR PATCHES'), regulates commercial relationships with navigators and buyers, as defined below, by virtue of electronic negotiation. 2. For anything not provided for in these GCS, please refer to (i) Warnings and (ii) Privacy. 2. Definitions 1. The following meaning must be attributed to the expressions conventionally indicated with a capital letter (whether singular or plural): ● Site: Internet site accessible at the URL: http://www.drpatches.com/ ● Buyer: person who concludes the contract with DR PATCHES di Chierchia Vincenzo. By virtue of the Italian Consumer Code (Legislative Decree no. 206/2005), a consumer is defined as a natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out ('Consumer') and a professional is the natural or legal person who acts in the exercise of his entrepreneurial or professional activity, or his intermediary ('Professional'). When in these GCS we refer to the Buyer, it is intended to include both the Consumer and the Professional; otherwise, reference will be made to the interested party (for example, in the clause relating to the right of withdrawal, exercisable only by the Consumer); ● Registration: the operation which involves the release of authentication credentials ('Identification Codes'), represented by a User ID (in the form of an alphanumeric code) and a Password (in the form of an alphanumeric code), which allow access to the area reserved (login). Registration has the function of uniquely identifying the Buyer in the case of purchases made over time and of allowing better usability of the Site, also through access to the reserved area; ● Parts: DR PATCHES by Chierchia Vincenzo and the Buyer; ● Transaction: any operation carried out electronically which gives rise to obligations for the Parties; ● Product: good object of the single Transaction (hats and accessories). All information relating to the Products collected in the relevant sheet cannot be considered binding for DR PATCHES di Chierchia Vincenzo except in the forms and according to the methods provided for by the ECGV. It is specified that the sheet contains the relevant data and information of the Product and that in case of particular needs it is the Buyer's responsibility to ask DR PATCHES di Chierchia Vincenzo for additional information on the Product; ● Contract: agreement for the purchase and sale of one or more Products concluded electronically between the Parties pursuant to these GCS. The Contract is considered concluded in the place where DR PATCHES di Chierchia Vincenzo has its registered office. ● Browser: person who visits and browses the Site, undertaking to comply with the regulations set out herein as far as he is concerned, even if not a Buyer; ● Price: ● the amount to be paid as consideration for the purchase of the Product ● The Price indicated in the Product sheet is valid exclusively for Consumers ● For Consumers, whether they reside in the European Union or not, the Price expressed in Euro and indicated in the Product sheet must be understood as including VAT, if due, without prejudice to the provisions of article 8 regarding charges deriving from importation. ● For Professionals, whether domiciled in the European Union or not, the Price - to be understood as net of any fiscal outlay required by law and in particular VAT as well as import charges referred to in Article 8 - is the subject of specific negotiation with DR PATCHES of Chierchia Vincenzo as per the following article 5B ● Charges: further charges borne by the Buyer for the purchase of the Product, such as, by way of example, shipping costs (which also includes the packaging). Said Charges are in any case specified to the Buyer before the conclusion of the Contract; ● Financial intermediary: the entity affiliated with DR PATCHES di Chierchia Vincenzo, through which the payment of the Price and Charges can be made (for example, PayPal, credit institution, etc.); ● Delivery: for the purposes of exercising the rights provided by the guarantees and the right of withdrawal, this is understood as the physical receipt of the Product being purchased, regardless of the entity (logistics or postal operator) that takes care of the related activities and physically carries out the Delivery to the Buyer. 3. Obligations of the Buyer 1. The Buyer undertakes to: ● (i) comply with the Warnings and GCS; ● (ii) use the Site only to consult the Products and to send orders; ● (iii) print and keep these GCS; ● (iv) enter truthful and correct data during the registration procedure on the Site and in further communications sent to DR PATCHES di Chierchia Vincenzo and to promptly update the data and information provided; ● (v) do not enter third-party and/or false and/or imaginary data; ● (vi) indemnify DR PATCHES di Chierchia Vincenzo from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Buyer, being solely responsible for the insertion. 2. By placing orders and purchases on the Site, the Buyer guarantees that he is of age. 3. Without prejudice to compliance with the provisions above regarding the protection of the industrial and intellectual property of DR PATCHES di Chierchia Vincenzo, the Buyer undertakes to use the images present on the Site for exclusive personal purposes, functional to the purchase of the Product, as it is prohibited the reproduction, publication and dissemination of the same for commercial purposes, without prejudice to the specific written agreement with DR PATCHES di Chierchia Vincenzo. It is understood that this prohibition is not applicable to social networks and portals that encourage the sharing of images and comments (Facebook ® etc.). 4. Purchase order 1. The Parties agree that the Buyer will be able to place an order and complete the purchase, according to the following methods: ● consultation of the online catalog and verification of the characteristics of the Product as described in the relevant sheet; ● selection of the individual Product, the desired color and the quantity you intend to purchase; ● possible continuation of the purchase session with further insertion of products in the cart, ● completion of the selection of the Products and start of the procedure to complete the purchase, ● registration of the Buyer by filling in the form with the creation of the personal data, including the data for invoicing and for shipping the supply. ● The data will be processed in accordance with the Privacy Policy. Once his/her personal data has been created, the Buyer will be able to complete the purchase process by simply logging in, avoiding having to fill it in again, except for variations or additions; ● verification of the order summary, including shipping charges; ● possible modification or integration of the order; ● electronic confirmation of the order in accordance with the instructions, ● depending on the payment methods chosen: ● in case of payment by credit card or Paypal: ● payment of the Price (in addition to the Charges specified in the order summary), following the instructions and planned operations; ● receipt of email confirming the success of the Transaction, with order summary and other useful information, in addition to the ECGV in .pdf format; ● receipt of order acceptance confirmation email with order summary and information for making payment, in addition to the ECGV in .pdf format; ● payment of the Price (in addition to the Charges specified in the order summary), following the instructions received. 5.Conclusion and effectiveness of the Contract 1. The Contract ends when DR PATCHES di Chierchia Vincenzo receives the payment envisaged by the Transaction or the news sent by the Financial Intermediary of the correct payment order by the Consumer. 2. The Professional may send a request for a quote for the purchase of the Products by email, indicating the model, colour, quantity and size. The Contract ends upon receipt of the acceptance of the quote, without modifications, sent by the Professional to DR PATCHES di Chierchia Vincenzo. 6. Product availability and purchase voucher. Shipping. 1. The Consumer will be able to purchase the Products indicated in the electronic catalog available on the Site and in the quantity available in stock. The Product database is constantly updated by DR PATCHES of Chierchia Vincenzo. 2. In the event that the Product purchased by the Consumer is no longer present in the warehouse and is not otherwise available from DR PATCHES di Chierchia Vincenzo within the terms set out in article 54 of Legislative Decree no. 206/2005, DR PATCHES di Chierchia Vincenzo undertakes to promptly report it to the Consumer, who will have the right to request, alternatively: ● a full refund with a 20% withholding of the amount paid for the purchase of the Product, which must take place as soon as possible and in any case no later than 30 days; ● the issuing of a purchase voucher equal to the amount paid for the purchase of the Product, thus renouncing the crediting of the Price. 3. Shipping locations and approximate delivery times are specified on the Shipping and Delivery page. 7. Payments. Execution of the Contract. Terms of delivery. 1. All responsibility in relation to the correct charging of payments made through the systems available on the Site other than bank transfer and the processing of the related data (credit card) is exclusively attributable to the financial intermediaries and/or issuing institutions or those that in any case manage the service . 2. DR PATCHES di Chierchia Vincenzo starts the execution of the Contract only upon full receipt of the Price and Charges envisaged by the Transaction, informing the Buyer at the time of shipment of the Products. 3. DR PATCHES di Chierchia Vincenzo fulfills its obligations with the delivery of the supply covered by the Contract to the courier it uses from time to time. 4. Without prejudice to the rights of Consumers, the Parties agree to attribute to the Delivery terms, possibly indicated on the Site, a non-essential nature for the purposes of completing the Contract, as they should be considered merely indicative. 5. No responsibility can be attributed to DR PATCHES di Chierchia Vincenzo for delayed or failed delivery attributable to force majeure or fortuitous causes. 6. If delivery to the address indicated by the Buyer fails (for example, due to unavailability of the Buyer or unjustified refusal to collect the package), DR PATCHES di Chierchia Vincenzo reserves the right to charge the Buyer the shipping and return costs, which will be deducted from the Buyer. 8. Customs, fiscal and administrative obligations. 1. All duties, taxes, duties, licences, authorisations, permits and any and all customs, fiscal and administrative obligations on which the possible importation and in any case the Delivery of the Products depend (with particular but not exclusive reference to countries not belonging to the European Union) must be considered the sole responsibility of the Buyer, who must promptly take action to carry out the necessary obligations and support the related disbursements. 9. Company Faculty 1. DR PATCHES di Chierchia Vincenzo reserves the right, at its own unquestionable and discretionary judgement, not to accept Registration requests or to temporarily suspend or permanently prevent access to the Site and to place orders, also through revocation and/or disabling of the Identification Codes of the Buyer who does not ensure sufficient guarantees of reliability in compliance with the GCS, or who has failed to comply with the same and/or other contractual conditions that may be applicable, or who in any case has or is in about to use the Site illegally and/or in bad faith. In evaluating the above measures, DR PATCHES di Chierchia Vincenzo will adhere to a criterion of good faith and reasonableness. 10. Attributable appearance. 1. The Buyer agrees to apply to the operations carried out through the use of the Identification Codes attributable to its own activity and to the expressions of will and/or consent expressed within the Site, the principle of attributable appearance, by virtue of which the The Buyer will always and in any case be liable for the use, even abusive, of the Identification Codes attributable to him. DR PATCHES di Chierchia Vincenzo may therefore legitimately consider the Buyer, identified with the identification code attributable to him, bound to all the aforementioned expressions of will and/or consent. 2. The Buyer undertakes to adopt every precaution necessary to guarantee the secrecy and correct use of the Identification Codes. The Buyer will be exclusively responsible for any activity carried out through the use of the aforementioned Identification Codes. 11. Right of withdrawal 1. Only the Consumer has the right to exercise the right of withdrawal from the Contract in accordance with the provisions of the Italian Consumer Code (Legislative Decree n.206/2005), articles 64 et seq., which entails the refund of the sums paid by the Consumer at the time of purchase. The right of withdrawal cannot be exercised by the Professional. 2. The right of withdrawal must be exercised by the Consumer by sending a communication to the email addressinfo@drpatches.comwithin ten (15) calendar days of receipt of the Product (in the case of multiple deliveries, from the date of delivery to which the Product refers). Items excluded from the right of withdrawal Pursuant to European Directive 2011/83/EU the right of withdrawal cannot be exercised for: - items made to measure or clearly personalized upon customer request (for example with inscriptions, drawings, engravings, stamps, prints, embroidery or carvings). - items that are not suitable for return for hygienic reasons. - items whose packaging has been opened or removed from its packaging. 3. In the event that the PRODUCTS present defects at the time of delivery, the return costs are borne entirely by the Consumer. In case of exercise of the withdrawal for a part of the Products purchased relating to a single shipment, the Consumer will be refunded the portion of the Charges deriving from the shipment, determined in proportion, taking into account the benefit enjoyed by the Consumer. 4. If all the above conditions have been respected, DR PATCHES di Chierchia Vincenzo will refund the amount paid for the purchase of the returned Product (which must be intact, unworn, undamaged) in the shortest time possible and, in any case, within thirty (30) days from the date of receipt of the communication of exercise of the right of withdrawal. 5. As an alternative to the above refund, the Consumer has the right to ask DR PATCHES di Chierchia Vincenzo to issue a purchase voucher. 6. The right of withdrawal cannot be exercised by the Consumer in the case of purchase of personalized and/or tailor-made Products. 12. Guarantees towards Consumers and Professionals 1. Before being marketed, the Products - the result of entirely Made in Italy craftsmanship according to techniques developed by DR PATCHES of Chierchia Vincenzo - are subject to accurate control and verification procedures which almost exclude all the presence of faults and/or defects. In any case, DR PATCHES di Chierchia Vincenzo ensures the application of legal guarantees in favor of Consumers, while requiring Professionals to pay particular care and attention upon receipt of the Products, in order to promptly report any faults and/or defects. 2. For the return of Products that the Consumer judges to be defective and/or non-compliant, DR PATCHES di Chierchia Vincenzo reserves the right to request the sending of photographs with attached images of the Product for which the guarantee is requested referred to in the Italian Consumer Code (Legislative Decree n.206/2005), certifying the reason for availing the guarantee. In case of acceptance of the Consumer's complaint, DR PATCHES di Chierchia Vincenzo will send a communication with any return authorization and instructions for the return at its own expense. In any case, the Consumer is invited to wait for the instructions or any proposals from DR PATCHES di Chierchia Vincenzo before returning the Product. In case of failure to comply with the above conditions (for example, failure to authorize the return, return with a courier other than the one indicated by DR PATCHES of Chierchia Vincenzo), the guarantee will not be applicable or in any case may not operate in whole or in part. . 3. DR PATCHES di Chierchia Vincenzo asks the Professional to scrupulously check the condition of the Product upon receipt and before marketing to the public. Any complaint relating to faults and/or defects in the Products must be forwarded to DR PATCHES di Chierchia Vincenzo, via e-mailinfo@drpatches.comwith attached images of the Product that highlight the alleged flaw and/or defect, strictly within eight (8) days of delivery, under penalty of forfeiture. Returns will not be accepted unless previously authorized in writing by DR PATCHES di Chierchia Vincenzo, who will examine the returns to verify that the defect exists and is attributable to its own responsibility and only in this case, at its own choice, will it replace or repair the recognized Products as defective. In any case, the costs and risks deriving from the return of the goods are the sole responsibility of the customer. Any different guarantee, including by law, and any other provision established by law in favor of the Professional must be considered excluded and superseded by these Conditions. Notwithstanding the provisions of article 131 of the Consumer Code (Legislative Decree no. 206/2005), the Professional will not be able to exercise the right of recourse against DR PATCHES di Chierchia Vincenzo. 13. Applicable law 1. Without prejudice to the Consumer's right to enjoy the rights provided for by their own legal system, the GCS and all Contracts concluded online on the Site, with Consumers or Professionals, are exclusively governed by Italian law, with express exclusion of the provisions provided by the 1980 Vienna Convention on the International Sale of Goods. 14. Conciliation and competent court 1. For any dispute between the Consumer and DR PATCHES di Chierchia Vincenzo, the court in whose district the Consumer has his residence or domicile is competent. For all disputes arising from Contracts concluded online, from Transactions and from the ECGV, including those relating to their existence, effectiveness, interpretation, DR PATCHES di Chierchia Vincenzo and the Consumer, before appealing to the aforementioned judicial authority, will have the right to avail themselves of of the conciliation service governed by the regulation of the Conciliation Service of the SALERNO Chamber of Commerce or other equivalent conciliation service, provided by the Chamber of Commerce or by another entity, authorized by law, to which the Consumer has turned. 2. For all disputes arising from Contracts concluded online, from Transactions and from GCS, including those relating to their existence, effectiveness, interpretation, DR PATCHES di Chierchia Vincenzo and the Professional, before appealing to the competent judicial authority, will rely to the conciliation service governed by the regulation of the Conciliation Service of the SALERNO Chamber of Commerce, which they declare to know and accept in full. With respect to Professionals only, if the conciliation has not had a positive outcome or has not been started or concluded due to inertia of the Professional
Warnings INDEX 1. Premises 2. Definitions 3. Access to the Site 4. Referral 5. Obligations of the Navigator 6. Links and malware 7. Industrial and intellectual property 1. Premises 1. With these Warnings Chierchia Vincenzo, Tax Code and VAT number 02971270653 with registered office in Cava de' Tirreni, (84013 - SA), in Via Generale Luigi Parisi, 104/F establishes the rules for accessing and browsing this website (http://Drpatches.com) managed at the discretion of Chierchia Vincenzo of exclusive ownership. 2. Definitions 1. The expressions below conventionally indicated with a capital letter (whether singular or plural) have the respective meaning: ● General conditions of sale (or 'ECGV'): contractual conditions with which DR PATCHES di Chierchia Vincenzo regulates commercial relationships with navigators and buyers, as defined below, by virtue of telematic negotiation; ● Buyer: person who concludes the contract with DR PATCHES di Chierchia Vincenzo. By virtue of the Italian Consumer Code (Legislative Decree no. 206/2005), a consumer is defined as a natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out ('Consumer') and a professional is the natural or legal person who acts in the exercise of his entrepreneurial or professional activity, or his intermediary ('Professional'). When in the GCS we refer to Buyer, it is intended to include both the Consumer and the Professional; otherwise, reference will be made to the interested party (for example, in the clause relating to the right of withdrawal, exercisable only by the Consumer); ● Browser: person who browses the Site (http://Drpatches.com), undertaking to comply with the regulations set out herein as regards him, even if not a Buyer; ● Privacy: privacy regulations that Chierchia Vincenzo publishes on the Site (http://www.drpatches.com), relating to the processing of the personal data of the Navigator and the Buyer; ● Data: personal data of the Navigator and the Buyer, provided in compliance with the Privacy Policy, for example, by filling out the form to register on the Site (http://www.drpatches.com); ● Product: good object of the single Transaction (hats and accessories). All information relating to the Products collected in the relevant sheet cannot be considered binding for DR PATCHES di Chierchia Vincenzo except in the forms and according to the methods provided for by the ECGV. It is specified that the sheet contains the relevant data and information of the Product and that in case of particular needs it is the Buyer's responsibility to ask DR PATCHES di Chierchia Vincenzo for additional information on the Product; ● Service: management of an electronic commerce platform aimed at surfers for the purchase and sale of DR PATCHES products by Chierchia Vincenzo. Thanks to the Service, in short, Users can (i) consult the Product catalogs and (ii) purchase the Products online. It is understood that the Service is owned and exclusively attributable to DR PATCHES di Chierchia Vincenzo, which manages it completely autonomously at its sole and discretionary judgement, without prejudice to the application of the ECGV; ● Parties: DR PATCHES by Chierchia Vincenzo, i Buyers and Navigators; ● Contract: agreement for the purchase and sale of one or more Products concluded electronically between the Parties pursuant to the ECGV. The Contract is considered concluded in the place where DR PATCHES di Chierchia Vincenzo has its registered office. 3. Access to the Site 1. The Site hosts a web platform intended for the provision of the Service, thanks to which Surfers can purchase the Products of DR PATCHES di Chierchia Vincenzo. 2. Access to the Site, consultation of information relating to the Products on the Site and registration on the Site are free and open. 3. Without prejudice to the fulfillment of the obligations deriving from the Contracts, DR PATCHES di Chierchia Vincenzo does not guarantee continuous and uninterrupted access to the Site, which, among other things, may be affected by various factors beyond its control, and to the Service. Access to the Site (including the area reserved for online purchases) may be suspended and/or interrupted at the discretion of DR PATCHES, by way of example, for technical reasons of any kind, for entrepreneurial choices, for the occurrence of a fortuitous event or force majeure, for the violation of the Navigator's obligations set out below, without, in any case, the latter having anything to claim from DR PATCHES di Chierchia Vincenzo. 4. DR PATCHES di Chierchia Vincenzo will also have the right to make changes to the Site and the methods of accessing the Service at any time, even if such changes involve a change in the contents of the Service. 4. Postponement 1. The sales contracts concluded between the Parties are governed by the GCS which can be consulted on the Site in the General Conditions section. 2. The regulations applied regarding privacy are set out on the Privacy page of the Site. Wishing to ensure the widest guarantees regarding privacy in favor of those interested in the processing, and in particular, Navigators and Buyers, DR PATCHES di Chierchia Vincenzo has decided to base its privacy policy on the regulations established by the European Union, even if it is not applicable to the specific case. 5. Obligations of the Navigator 1. The Navigator undertakes to access the Site and use the Service in full compliance with the mandatory rules of a civil, criminal and administrative nature (local, regional, national, community and international) and in particular, but non-exclusive, of the regulations (i) regarding the protection of personal data, (ii) regarding copyright and industrial property rights, (iii) aimed at combating computer crimes (cybercrimes). 2. Without prejudice to the above, but not limited to, the Navigator undertakes: (i) not to use the Site for illegal, illicit or contrary to public order, good customs and morality purposes; (ii) not to use the Site to transmit or disseminate in any way material that is abusive with respect to the Purpose and Service offered by DR PATCHES di Chierchia Vincenzo, illegitimate, illicit, pornographic, racist and/or in any case obscene, vulgar, defamatory; (iii) not to transmit material and/or messages that encourage third parties to engage in illicit and/or criminal conduct liable to criminal, civil or administrative liability; (iv) not to send commercial and/or promotional messages or not to carry out 'spam', 'chain letters' activities as well as any other form of illicit communication and/or contrary to the rules of netiquette; (v) not to infect the network or computer system that allows the provision of the Service with viruses, malware or other harmful programs that may interfere with, damage, intercept, eliminate, goods and/or data or personal information, nor to use programs of any type peer to peer or with the same purposes; (vi) not to carry out actions that give rise to an unreasonable burden or an excessive IT load on the Site's system. 6. Links and malware 1. While periodically checking the content of the web pages linked from the Site or accessible from advertising banners (and /or from other advertising spaces) that may be present on the Site (http://www.drpatches.com) DR PATCHES di Chierchia Vincenzo cannot assume any responsibility for their contents. 2. Despite periodic checks of the Site (http://www.drpatches.com), DR PATCHES di Chierchia Vincenzo cannot guarantee that it is free from viruses or other potentially harmful programs. Before accessing the network and carrying out any operation, including, in particular, downloading documents and software, the navigator must always adopt the most up-to-date protection measures. 7. Industrial and intellectual property 1. The Navigator recognizes that the trademarks and distinctive signs, contents, information, programs, layouts, texts, images, photographs (including, in particular, those of the Products worn by models), the videos and databases used by DR PATCHES di Chierchia Vincenzo, as well as any and all technical, ideational and creative solutions contained and/or adopted by DR PATCHES di Chierchia Vincenzo on the Site are covered by proprietary rights or in any case are the exclusive property of DR PATCHES di Chierchia Vincenzo, unless otherwise indicated in writing, and in any case agreed with the entitled parties. 2. Navigators are expressly prohibited from any use of the Site not strictly connected to the purposes pursued by DR PATCHES di Chierchia Vincenzo and contrary to the provisions of point 8A, including,