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GENERAL TERMS AND CONDITIONS OF SALE
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Subject matter - Name of the Site, corporate details of the domain name holder, services available to the user/Customer through the Site
These general conditions of sale (the "General Terms and Conditions of Sale") govern the contract of sale (the "Contract") between the buyers (the "Buyers" or the "Buyer" and/or the "Customer"), through telematic means, of the products (the "Product" and/or the "Products") included in the Website theapartmentcosenza.com (the "Site"), owned by The Apartment S.r.l. having its registered office in Cosenza, Via Carlo Cattaneo 80/, 87100, Cosenza P.IVA: 0351600789 ("The Apartment" and/or the "Seller"). The Site is owned by The Apartment, which is also the owner of the domain name.
Terms defined in the plural take on the same meaning in the singular depending on the context and vice versa.
Use of the Site and/or placing of the Order (as defined below) implies acceptance of the General Terms and Conditions of Sale by the Customer. If the Customer does not intend to accept the General Terms and Conditions of Sale and/or any other notes, legal notices, disclosures, published or referred to therein, the Customer may not use the Site and/or proceed with the Contract.
The General Terms and Conditions of Sale may be modified at any time and for any reason by The Apartment. The applicable General Terms and Conditions of Sale are those in effect on the date of transmission of the Order (as defined below) of purchase. Before purchasing and using the Site, the Customer is also required to read the General Terms and Conditions of Sale carefully and save or print them for future reference.
The Customer, also in its capacity under Article 3 of Italian Legislative Decree No. 206/2005 ("Italian Consumer Code") as a consumer, i.e., a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, on the basis of Orders (as defined below) submitted electronically through the Site the prior registration, may: a) purchase the Products, concluding through the same the relevant Contract ("Online Purchase"). These General Terms and Conditions of Sale apply to and govern only and exclusively the Online Purchase.
The offer and sale of products on the Site are governed by these General Terms and Conditions of Sale. The Customer may request any information through support services by contacting Customer Service as also indicated in these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale posted on the Site shall be reviewed and known by the Buyer prior to making a purchase of a Product, and by submitting the Order (as defined below) the Buyer represents that the Customer has reviewed and accepted them.
Consumer Purchasers (“Consumatori”) will also benefit from the protections provided in the case of the conclusion of distance contracts under Title III, Section II, of Italian Consumer Code, as well as all the additional protections that are mandatory, in favor of Purchasers, by the same Italian Consumer Code https://www.codicedelconsumo.it/Codice_del_consumo_english_version.pdf.
The "Shipping", "Return Conditions", "Payment", "Terms & Privacy" and "Cookie Policy" and “Commercial Policy” sections on the Site are to be considered an integral and substantial part of these General Terms and Conditions of Sale. In case of any discrepancy between them and these General Terms and Conditions of Sale the latter shall prevail.
These General Terms and Conditions of Sale also govern the provision of the Site registration service and services related to the performance of the sales transaction including the "Promo Codes" referred to in Article 5.1. letter C) 5.1 below.
These General Terms and Conditions of Sale are made available to you through the "General Terms and Conditions of Sale" section of the Site, which can be reached through the link of the same name in the footer of the Site. These applicable General Terms and Conditions of Sale are those in effect on the date of transmission of the Order (as defined below) for purchase. Before proceeding to the transmission of the Order (as defined below) and, therefore, to the conclusion of the Contract, you are required to carefully read all the information that The Apartment provides to you through the Site, both before and during the purchase process, and to review and approve these General Terms and Conditions of Sale, by checking the appropriate box made available to you during the purchase process and prior to the conclusion of the relevant Contract.
These General Terms and Conditions of Sale may be modified at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site in the "General Terms and Conditions of Sale" section that can be reached through the link of the same name in the footer of the Site. Customers are therefore invited to regularly access the Site and consult, before placing any Order (as defined below), the most up-to-date version of the General Terms and Conditions of Sale.
These General Terms and Conditions of Sale do not govern the sale of products by any parties other than The Apartment that may be present on the Site through links, banners or other hypertext links. Before transacting business with such parties, you should check their terms and conditions of sale. The Apartment is not responsible for the provision of services and/or sale of products by such parties. On the websites that can be consulted through such links, The Apartment does not perform any control and/or monitoring. Therefore, The Apartment is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.
Conclusion of Contract
The offer and sale of Products through the "Online Purchase" Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Italian Consumer Code and Italian Legislative Decree No. 70 of April 9, 2003, containing the regulation of electronic commerce. Offers on the Site are not binding for the Seller and do not constitute an offer to the public, but merely an invitation to propose. The Order sent by the Customer shall be valid as a contractual proposal, subject to confirmation and/or acceptance by The Apartment as described below. Therefore, The Apartment will have, at its sole discretion, the right to accept or not accept the Customer's Order without the latter being able to object or complain about anything for any reason and/or title, therefore, the Contract will be considered entered into, subject to the conditions provided for in these General Terms and Conditions of Sale, at the time when confirmation of the Order is received by The Apartment from the Customer in accordance with the following.
The purchase of products through the Site may be made upon registration on the Site, except as provided in Article 2.8. d) below, in the manner set forth in Article 3. below. Natural persons are allowed to purchase only on condition that they have reached the age of majority.
Please note that, pursuant to Article 3, I paragraph, lett. a) of the Italian Consumer Code, the quality of consumers are natural persons who, in relation to the purchase of products through the Site, acts for purposes unrelated to the entrepreneurial, commercial, professional or craft activity possibly carried out. Therefore, to persons other than those who under the aforementioned Italian Consumer Code is not identifiable as consumers will not be applied the Italian Consumer Code and except as provided by the same and consequently, unless otherwise will The Apartment any right of withdrawal - return.
In the case of Orders, from whomever they originate, that are anomalous in relation to the quantity of products purchased or the frequency of purchases made or, The Apartment reserves the right to take all necessary actions to end the irregularities, including suspension of access to the Site, cancellation of membership, or non-acceptance or cancellation of irregular orders.
Lastly, The Apartment reserves the right to refuse or cancel orders that come from (i) a Customer with whom it has ongoing litigation; (ii) a Customer who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of the Contract; (ii) a Customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) from Customers who have provided false, incomplete or otherwise inaccurate identification data or who, as part of the procedure set forth in Article 5.1. below, have failed to promptly send The Apartment the documents requested by it or who have sent it invalid documents; (v) by a Customer who has violated the provisions of Article 3.3. below.
In order to proceed with the purchase of the Products, the Buyer must submit its purchase order (the "Order") and make the payment, following the procedures indicated in the sections specifically dedicated to it. The Products that can be purchased through the Site are offered and sold by The Apartment which is, therefore, the counterparty Customer who intends to purchase one or more Products through the Site and is therefore (i) the entity to which Customer addresses its Order, in order to accept the offer and conclude the Contract; (ii) the entity that concludes the Contract with the Customer, assuming its obligations and rights under the law and these General Terms and Conditions of Sale. The Contract entered into through the Site is therefore concluded between the Customer and The Apartment.
On the Site and in communications with Customers concerning the Site, The Apartment acts under the sign and/or with the use of the patronymic "The Apartment and/or The Apartment Cosenza" Therefore, when the expression and/or insignia "The Apartment and/or The Apartment Cosenza" or the first person plural is used on the Site and/or in communications with Customers pertaining to the Site, the reference is to The Apartment as well as to the Site.
The steps for making the purchase are identified as follows:
In order to submit an Order, it is necessary to read and approve these General Terms and Conditions of Sale by checking the appropriate box that will appear during the purchase process. In any case, the Order will be considered sent and these General Terms and Conditions of Sale approved through the submission of the Order by the Customer through the so-called click affixed on the virtual button to continue with the Order and with the payment. This procedure will also be equivalent to the declaration of being at least the age of majority. For minors, any purchase and/or request for the supply of Products through the Site must be screened and authorized by parents and/or those exercising parental responsibility, which shall be deemed presumed. In both cases, the Customer will have, therefore, declared that the Customer expressly approves these General Terms and Conditions of Sale.
Buyer may make payment by credit and/or payment card, PayPal, Scalapay, AliPay, Apple Pay or Google Pay. In-depth information regarding payment methods is available in the "Payments" section of the Site.
Upon receipt of the Order, The Apartment will transmit to the Buyer's e-mail address a receipt confirming the Order containing a summary of the information relating to the purchase and will proceed to process the Order itself. The Order shall, in any case, be deemed accepted and, consequently, the Contract shall be deemed entered into when the Buyer receives, on the e-mail account, the Order confirmation as resulting from the sending of the same by The Apartment.
The Contract thus entered into will be recorded and sent via the above e-mail message electronically also to The Apartment.
The Contract is resolutively conditioned on non-payment of the Order. In the event that such payment is not made, the Contract shall therefore be deemed to be terminated as of right. Of such termination and the consequent cancellation of the Order, the Customer will be notified through the Site, immediately after the transmission of the Order.
In order to place an Order, it is necessary to read and approve these General Terms and Conditions of Sale by checking the appropriate box that will appear during the purchase process. These General Terms and Conditions of Sale shall in any case be deemed read and approved and the Order sent through the payment procedure followed by the Customer through the Site also with the so-called click on the virtual button appeared on the Site in order to confirm the Order and/or the payment with simultaneous declaration of being at least the age of majority. Failure to accept the General Terms and Conditions of Sale will result in the inability to make purchases through the Site.
The Customer may request the issuance of a commercial invoice. The commercial invoice, which will be issued then only in case the Customer requests it, will be sent to the Customer/user at the e-mail address. For the issuance of the invoice, the information provided by the Customer which the Customer warrants to be true shall be authentic. The Customer agrees to hold The Apartment harmless and indemnified against any damages, compensatory obligations and/or penalties that may arise and/or be imposed on it in the event that such information is not accurate or not true. No change in the invoice will be possible after the invoice has been issued, unless otherwise permitted by The Apartment.
The Apartment reserves the right to reject an Order if it does not receive approval from the Customer's bank. Once an Order for available products has been placed, no changes can be made to that Order. Orders placed separately may be shipped separately. The Apartment reserves the right to delay a shipment if the Order cannot be shipped for reasons beyond The Apartment's control. Please note that during promotions and sales there may be delays in shipping.
The Apartment reserves the right to refuse and/or process and/or cancel an Order and/or service at any time and for any reason at its sole discretion, any exception and/or claim by the Customer is hereby waived.
The Customer may cancel its Order no later than 12 hours after it has been placed (except for no working days in Italy in which case the 12 hours will continue to elapse from the following working days); however, if the shipment has been made the cancellation request cannot be accepted and the cancellation will have no effect. The further provisions of these General Terms and Conditions of Sale in terms of cancellation shall remain unaffected in all cases.
The language available to the Buyer for the conclusion of the contract are Italian and English subject to the provisions of Article12. below. Customer Service is able to communicate with Customer/users in Italian and English.
Site Registration
Registration on the Site is free of charge. Individuals are allowed to register on the Site only on condition that they have reached the age of majority. To register on the Site, the Customer must fill out the appropriate form, entering his/her first name, last name, an e-mail address, a password and, if desired, his/her date of birth and gender, and click on the "Create Account" button. Registration will be confirmed to the Customer/user by an e-mail.
Registration with the Site, by opening a personal account called "My Account" ("Account"), allows the registered Customer, among other things, to:
Each Customer may take advantage of only one registration to the Site. It is therefore forbidden for the Customer to create multiple Accounts referable to the same person, natural or legal person, company and/or entity of any kind, even through the use of data corresponding to the truth. It is also forbidden for the Customer/user to enter, for the purpose of registration to the Site, personal data of third persons and/or false and/or invented and/or fictitious and/or, in any way, not corresponding to the truth. In case of violation of these prohibitions, without prejudice to the provisions of Article 2.5. above, The Apartment reserves the right to close all Accounts referring to the same person, natural or legal, the same company and/or the same entity or Accounts created with personal data of third persons and/or false and/or invented and/or fictional and/or, in any way, not corresponding to the truth. Registration on the Site is prohibited for minors.
The registration credentials (e-mail address and password etc.) allow the Customer to make purchases on the Site and to carry out, among others, the activities referred to in Article 3.2. above. They must, therefore, be stored with extreme care and attention. They, moreover, may be used only by the Customer and may not be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to inform The Apartment immediately, by contacting it at the contact details in Article below, if he suspects or becomes aware of any misuse or improper disclosure of them.
The Customer warrants that the personal data provided to The Apartment during the registration process and/or during the purchase and/or at any other time, are complete, truthful and refer to the Customer himself/herself and agrees to hold The Apartment harmless and indemnified from any damage, compensatory obligation and/or penalty arising from and/or in any way related to the violation by the Customer of the guarantees set forth in this Article 3. and/or the violation of the rules on registration to the Site, purchase on the Site and/or the storage of registration credentials.
Rights and obligations of the Parties
The Apartment will deliver the Products to the address provided by the Buyer in the Order, via a specially appointed carrier. In-depth information regarding shipping times, costs and locations can be found in the "Shipping" section of the Site.
The Apartment assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the completion of the Order by the Buyer or for any damage that may occur to the Products subsequent to delivery to the carrier as well as for any delays in delivery dependent on the carrier itself or on weather conditions, international customs issues or other circumstances beyond The Apartment's control.
In the event that one or more Products are not available, The Apartment will notify the Customer by sending an e-mail to the e-mail address indicated by the same when registering on the Site and/or following the placing of the Order. In this case, The Apartment will refund to the Customer, by crediting the payment card or the Buyer's own account indicated for the purchase, the price and, if the purchase concerned only the Product not available, the shipping costs. If there is the Buyer's consent, The Apartment may send a Product other than the one ordered, of equivalent value.
In any event, the unavailability of one or more of the Products ordered shall not constitute cause for cancellation of the entire Order by Buyer.
The Buyer is solely responsible for the truthfulness and correctness of the information and data provided to The Apartment and undertakes to promptly notify The Apartment of any changes in the data previously communicated, taking also into account that the Customer may at the time of the Order verify its entered data and make any corrections.
All prices of the Products published on the Site are expressed in the currencies indicated in the "Shipping to Italy" section of the Site (as applicable) and are understood to include Value Added Tax (where applicable and as provided for by the legislation in force from time to time), in any case excluding costs, charges and customs and clearance taxes and duties, including duties, which are always borne by the Customer even in the event of withdrawal and/or termination of the Contract. It is specifically reminded that in the countries of the European Union as well as in the United Kingdom, the purchase price of the Products displayed on the Site includes taxes and duties, understand the others costs and as further provided from the following Article 8. for Return Conditions.
The Apartment reserves the right to change the price of the Products at any time, without prior notice, it being understood that the price charged to the Customer shall be the price indicated in the Order summary and displayed by you prior to the transmission of the Order and that any changes (upward or downward) after the transmission of the Order shall not be taken into account.
In relation to the cases of termination and/or withdrawal of the Contract, please note that any delays in crediting the reimbursement amount may depend on the banking institution, the type of credit and/or payment card and/or payment solution used. In particular, it should be noted that the time for crediting back to the payment instrument/method connected to the PayPal account and/or from ScalaPay and/or AliPay and/or Google Pay and/or Apple Pay and/or the Customer's Payment Card depends solely on the aforementioned systems and/or the banking system. Once the crediting order has been arranged in favor of such account, The Apartment shall not be held liable for any delays or omissions in crediting the Customer with the refund amount to dispute which Customer should directly contact PayPal or Scalapay and/or Google Pay and/or Apple Pay and/or AliPay and/or the banking and/or payment
The Customer also agrees to abide by the Terms of Use of the Site found in the "Terms & Privacy" section of the Site.
By completing the Order in each case the Customer agrees to these General Terms and Conditions of Sale, the "Terms & Privacy" policy, the "Commercial Policy" as well as the "Return Conditions", the “Shipping” and the "Payment" section of the Site to which reference is made.
Payment Method - Promo Code - Refund
Payment for Products purchased through the Site may be made by the methods described in the following In the event that one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure. Payment methods that are not available will in any case not be selectable by the Customer/user during the appropriate check-out phase.
Payment by credit and/or payment card
Payment for Products purchased on the Site can be made by credit and/or payment card, directly through the Site. The credit and/or payment cards accepted are those of the Maestro, MasterCard, Visa (including Postepay on Visa circuit), Visa Electron, American Express circuits. They are, in each case, indicated in the footer of each page of the Site. The Apartment will charge the payment at the time of transmission of the Order, which coincides with the conclusion of the Contract. In the event that payment by credit card is chosen, the financial information (e.g., the number of the credit/debit card or the date of its expiration) will be forwarded, via encrypted protocol, to banks or companies that provide the relevant remote electronic payment services, without third parties being able, in any way, to access it. Such information, moreover, not used by the Seller to complete the procedures relating to the purchase for which they are conferred and to issue the relevant refunds in the event of any returns of Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site and/or in all cases provided for by law and for compliance therewith.
In order to ensure the security of payments made on the Site and to prevent possible fraud, The Apartment reserves the right to ask the Customer/user, via e-mail, to send, by the same means, a front/back copy of his/her identity card. The document must be valid. The request e-mail will specify the deadline by which the document must be received by The Apartment. This deadline will not, in any case, be more than 5 working days from receipt of the request by the Customer. While waiting for the requested document, the order will be suspended. The Customer is obliged to send the requested documents within the specified period.
In the event that The Apartment does not receive such documents within the period specified in the e-mail request or receives expired or invalid documents, the Contract shall be deemed, if so decided by The Apartment, to be terminated by right pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the Order consequently cancelled, without prejudice to the right of The Apartment to compensation for any damage incurred by it as a result of the non-compliant behavior of the Customer. The termination of the Contract, of which the Customer/user will be notified by e-mail, no later than 5 working days after the deadline for sending the documents required by The Apartment, will result in the cancellation of the Order, resulting in a refund of the amount paid and application. The deadline for reimbursement shall run from the termination of the Order.
In the event of receipt by The Apartment of valid documentation within the period specified in the aforementioned e-mail, the delivery terms applicable to the order shall commence from the date of receipt thereof.
Payment by PayPal
Payment for Products purchased through the Site may be made through the "PayPal" payment solution ("Payment by PayPal"). If you choose Payment by PayPal, you will be redirected to www.paypal.com where you will make payment for the Products in accordance with the procedure provided for and governed by PayPal Europe s.a.r.l. e Cie S.C.A. ("PayPal") and the terms and conditions agreed between you and PayPal. Payments made through PayPal verified accounts may NOT be cancelled.
In the case of Payment by PayPal, the amount due will be charged by PayPal to the Customer at the time of transmission of the Order, which coincides with the conclusion of the online Contract. In case of termination of the Purchase Agreement and in any other case of refund, for any reason, the amount of the refund due to the Customer will be credited to the Customer's PayPal account. The timing of crediting to the payment instrument linked to such account depends solely on PayPal and the banking system. Once the crediting order has been arranged in favor of such account, The Apartment shall not be held liable for any delays or omissions in crediting the Customer with the refund amount, to dispute which you should contact PayPal directly.
Purchase with Promo Code
A promo code (the "Promo Code") may be applied to the purchase of Products on the Site, possibly including through newsletters, through social networks or on compliant promotional websites may include the Promo Code in the Order or checkout. Each Promo Code has a start and end date that limits its use and may not be extended and/or used by third parties and/or for more than once unless otherwise decided by The Apartment.
Mixed payment (i.e. partly by Promo Code and partly by credit card or through PayPal)
In the event that the payment due is greater than the value of the Promo Code that the Customer intends to use for payment, payment for the Products purchased on the Site may be made, in part, by Promo Code and, in part, by credit card or through PayPal or ScalaPay. ("Mixed Payment"). In such case, to the part of Payment by Promo Code shall apply letter C) above, while to the part of payment made by credit card or through PayPal or ScalaPay and/or Google Pay and/or Apple Pay and/or AliPay shall apply, as the case may be, respectively, letters A) and B) above or letter E) below.
Payment by ScalaPay
Payment for Products purchased through the Site may be made through the payment solution "ScalaPay or Apple Pay or Google Pay or AliPay" (" Payment by ScalaPay or Apple Pay or Google Pay or AliPay"). If the Customer chooses Payment by ScalaPay or Apple Pay or Google Pay or AliPay the Customer will make payment for the Products through the procedure provided for and governed by ScalaPay or Apple Pay or Google Pay or AliPay and on the terms and conditions of the Contract agreed between the Customer and each of them respectively.
In the case of Payment by ScalaPay or Apple Pay or Google Pay or AliPay, the payment of the amount due will be charged by ScalaPay or Apple Pay or Google Pay or AliPay to the Customer at the time of transmission of the Order, which coincides with the conclusion of the online Contract. In case of termination of the Purchase Agreement and in any other case of reimbursement, for any reason, the amount of reimbursement due to the Customer will be credited to the Customer's ScalaPay or Apple Pay or Google Pay or AliPay account. The timing of crediting to the payment instrument and/or method linked to such account shall depend solely on ScalaPay or Apple Pay or Google Pay or AliPay and the banking system. Once the crediting order has been arranged in favor of such account The Apartment shall not be held liable for any delays or omissions in crediting the Customer/user with the reimbursement amount, to dispute which the Customer should contact ScalaPay or Apple Pay or Google Pay or AliPay directly. With respect to payment by ScalaPay the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that it authorizes such assignment. The countries where ScalaPay is available are: Italy, France, Spain, Germany, Portugal, Austria, Belgium, Holland, and Finland.
The Apartment shall not be for any reason considered responsible for any kind of losses in the treatment of the datas and for any other reasons.
Shipping - Delivery of Products
Delivery of the Products will take place at the shipping address indicated by Customer in the Order ("Home Shipment") ("Product Delivery"). At the time of Shipment, Customer will be sent an email confirming that the Products have been shipped ("Shipment Confirmation Email"). The Apartment reserves the right to change the cost of Product Delivery, including, if applicable, by providing for free Product Delivery charges, at any time, without prior notice, provided that the Product Delivery charge applied to the Customer shall be as stated in the Order summary, before the Customer is bound by the Contract, and that no account shall be taken of any change, upward or downward, subsequent to the confirmation thereof. The carrier will then send you an email with the tracking number and/or link to follow the shipment. When paying by PayPal, Seller accepts payments from verified accounts and reserves the right to ship Products to the PayPal verified account address.
The Delivery of Products is charged according to the rates that are expressed within the "Shipping" page of the site which may at any time be subject to change by The Apartment also in the Order, in case of discrepancy between such rates and those applied in the Order, the latter shall prevail. Therefore, Product Delivery charges shall be borne by the Customer unless otherwise stated by The Apartment. For information only if the Product is delivered to a country belonging to the European Union, the Product sold should not be subject to any customs clearance charges, such as import taxes and/or duties. In the event, however, of delivery to a country outside the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product at the country of delivery. Such possible customs and clearance costs and/or charges cannot be foreseen in advance by the Seller and are, in any case, fully borne by the Customer even in case of termination and/or withdrawal from the Contract and always unless otherwise chosen by The Apartment. For further information, the Customer may contact the customs office of the country of delivery of the Product.
In the event of partial withdrawal from multiple orders and/or partial termination, for any cause whatsoever, of the Purchase Agreement relating to multiple orders, the delivery charges for the Products will not be reimbursed, since their amount depends neither on the number of Products covered by the order nor on their weight. In the event of partial withdrawal from multiple orders and/or partial termination of multiple orders, for causes not attributable to The Apartment, if, as a result of the withdrawal or partial termination, the total amount due should fall below the threshold that has, if any, allowed the Customer to take advantage of free shipping, the shipping costs, as resulting from the "Shipping" page, accessible through the homonymous link in the footer of the Site, and/or applied at the time of the Order will be charged to the Customer and, consequently, subtracted from the refund amount.
Shipping to Domicile
Home Shipment is intended to be at street level unless otherwise provided. Home Shipment will be made 9:00 am to 6:00 pm GMT+1, except on recognized public holidays in Italy. The Product will be ready for shipment only after receipt of payment.
You acknowledge that pickup of the Product is your specific obligation under the Purchase Agreement. In the event of non-delivery of the Home Shipment due to the absence of the addressee at the address specified in the Order, the carrier will leave the addressee with a passing notice ("Pass Notice"). The carrier will then make a second delivery attempt the next day, or should be contacted by you to arrange an alternative delivery date, depending on the instructions on the Pass Notice. If this attempt is also unsuccessful or in the event that the Customer/user does not contact the courier, the package will go "in storage" with the courier. In the event that the Customer does not pick up at the courier's branch within 5 days from the delivery of the Pass Notice, the Purchase Agreement will be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code with the consequent refund, within 15 working days from the termination of the Contract, in the manner referred to in art. 5. above, of the amount paid, if already paid, less the costs of unsuccessful delivery, the costs of storage, the costs of return to The Apartment and any other expenses in which it has incurred due to non-delivery due to the absence of the recipient including all the expenses and costs to be borne by the Customer provided by these General Terms and Conditions of Sale. The delivery procedure, the terms for handling in case of non-delivery due to absence of the addressee, and the consequences of non-delivery within the agreed terms and return to sender due to non-delivery will be reminded to the Customer in the Shipment Confirmation E-mail.
No liability can be attributed to the Seller for delayed or non-delivery attributable to force majeure or fortuitous events. The Seller assumes no liability for delay and/or non-delivery of the Product and in general for non-performance of the Contract attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the execution in the agreed time of the Contract and/or the fulfillment of its obligations and in general for causes not reasonably foreseeable.
In the case of multiple orders having as object Products that are to be delivered separately, the above procedure will find independent application to each delivery, with the consequence that the failure to collect the Product in the term indicated in this article will not result in the termination of the entire Contract, but the partial termination of the same with reference only to the Product not collected. Consequently, the amount that will be refunded to the Customer, if already paid, will not be the total amount but only the amount due in relation to the Product not collected, minus the costs of the unsuccessful delivery and all additional costs and/or charges to be borne by the Customer pursuant to these General Terms and Conditions of Sale, storage costs, costs of return to The Apartment and any other expenses that it may have incurred due to non-delivery caused by the absence of the recipient.
During the purchase process, before the Customer transmits the Order, the terms within which The Apartment undertakes to deliver the Products covered by the Customer's Order will be indicated and which take into account, in addition to the area and mode of delivery, the possibility that the Customer purchases more than one Product with the same Order. The delivery terms shall commence on the business day following the conclusion of the Contract (i.e. the placing of the Order), unless otherwise stated. The delivery period for the specific Order will also be indicated in the Order confirmation. In the event that the delivery term is not indicated, it will, in any case, take place within the terms provided in the "Shipments" section on the Site.
Upon delivery of the Products by the carrier in charge of the relevant transportation, the Customer shall verify in the presence of the carrier in charge of the relevant transportation, verify in the presence of the carrier:
Compliance of Goods
The Apartment publishes information on its Site in order to provide a service to its Customers including descriptions in relation to the Product; however, it disclaims any liability regarding the possibility of any technical or factual inaccuracies and/or typographical errors for which immediate correction is expected upon notice. The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products and their packaging, however, may differ from the actual colors due to the settings of the computer systems or computers used by Customers/users to view them. The Product images on the Site, moreover, may differ in size or in relation to any ancillary products. Such images should therefore be understood as indicative and within the tolerances of use. For the purposes of the Purchase Agreement, the description of the Product where present contained in the Order transmitted by the Customer shall prevail. The Apartment makes every effort to ensure that the description and/or photographic representation of the Products on the Site is as faithful as possible to the Products themselves. However, taking into account the fact that the quality of the images and/or descriptions may depend on the computer tools used by the Buyer, it is possible that the Buyer's perception of the description or photographic representation of the Products may not correspond exactly to the Product itself, so that the images and videos accompanying the presentation of the Products must be considered to be published on the Site for descriptive purposes only and are only representative and do not constitute a contractual element.
In the event that the Product delivered is determined to be defective or different from the one ordered, The Apartment undertakes to provide the Customer with a legal guarantee of conformity, to be exercised under the conditions and terms set forth in Italian Legislative Decree No. 206/2005. In particular, the Buyer shall have the right to alternatively request:
The warranty provided for in this article will find application only in the event that the Products have been handled with due diligence and in compliance with their intended use, as well as upon presentation by the Buyer of the delivery note received and indication of the Order number and in any case always in compliance with these General Terms and Conditions of Sale. It is understood that damages, alterations, changes and/or modifications to the Products caused by the Customer and/or third parties other than The Apartment shall not be considered as a defect or lack of conformity. By way of example and not limitation, damage caused by improper use (such as direct exposure to sunlight or heat, contact with liquids, rain or food), normal wear and tear, failure to follow applicable maintenance and/or cleaning instructions will not be considered defects or lack of conformity.
In any case, the warranty referred to in this Article shall not apply with reference to defects arising from normal wear and tear of the Product.
Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the Contract.
Pursuant to European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Italian Consumer Code) as well as the rules and regulations referred to in Articles 128, 129, 130, 131, 132, 133, 134, 135 and subsequent amendments to Italian Legislative Decree No. 206/2005, pursuant to which the Seller warrants to the Customer, who qualifies as a "Consumer" (“Consumatore”), that the Products are free of defects concerning design and materials and conform to the descriptions published on the Site. The application of any warranty shall not apply if the use or cleaning of the Product is not done in accordance with the instructions and warnings provided by the Seller and/or found in the description on labels or tags.
The Customer shall examine the products as soon as possible and forward to the Seller, via e-mail or registered e-mail, an express complaint stating the identified defect and/or nonconformity, attaching relevant documentation as indicated in the return form (at least one photograph of the product, the Seller's order confirmation and receipt).
Upon receipt of the form and accompanying documentation, the Seller shall evaluate the defects or non-conformities reported by the Customer and, after performing the quality checks necessary to verify the non-conformity of the product, may, at its discretion, decide whether to authorize the return of the Customer's Product by contacting the Customer by e-mail to the address provided by the Customer during the registration process on the Site. Authorization of the return of Products does not in any case constitute admission of defects or non-conformities, the existence of which, if any, will be confirmed after the return.
The Products for which the Seller has authorized the return will be shipped by the Customer, together with a copy of the return authorization pursuant to Article 8. below, within 30 (thirty) days of the ascertainment of the defect or non-conformity to the following address: The Apartment S.r.l., Via Carlo Cattaneo 80/A, 87100, Cosenza, Italy. In the event that the Seller is required to refund the amount paid by the Customer, such refund will be made in accordance with Article 5. above and Article 8. below.
The provisions of European Directive 85/374/EEC concerning damage caused by the product shall apply. The Seller, as well as any distributor, is also relieved of any liability by indicating the name of the manufacturer.
WITHDRAWAL – RETURN CONDITIONS
This Article 8. governs the terms of withdrawal for Products purchased from the Site. Please also refer to the "Return Conditions" found in the "footer" of the Site also by clicking on the following link https://www.theapartmentcosenza.com/en-xx/policy/condret .
The Customer according to Article 3 of Italian Legislative Decree No. 206/2005 ("Italian Consumer Code") is understood as a consumer (“Consumatore”), when it is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, on the basis of Orders submitted electronically through the Site after registration, may: a) purchase the Products, concluding through the same the relevant Contract. This Article 8. and the Return Conditions also apply solely and exclusively to Online Purchase.
TERMS, CONDITIONS AND MANNER OF WITHDRAWAL - RETURN
Unless otherwise expressly desired by The Apartment to admit the right of withdrawal - return also to non-Consumer Customers, in accordance with the provisions of the Italian Consumer Code, the Buyer who qualifies as a consumer under the Italian Consumer Code has the right to withdraw from the Contract, without the payment of penalties and without the need to specify the reasons, from the receipt of the order confirmation sent by The Apartment and within the term of fourteen (14) days from receipt of the Product. The right of withdrawal - return is, therefore, recognized, unless otherwise desired by The Apartment, only to the Customer who has the status of consumer in accordance with what and in accordance with the provisions of these General Terms and Conditions of Sale.
The Product must, however, be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by its packaging (which, in case it bears the INCI indication of the Product, constitutes an integral part of the Product itself) of all accessories, leaflets, identification tags, labels and the disposable seal, if any, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories of the Product, subject to the provisions of 8.3. letter B. number vi. letter f. below in relation to Kits and Caskets.
TERMS OF WITHDRAWAL – RETURN
If the Buyer wishes to avail himself of the right of withdrawal, he shall, within the aforementioned period of 14 calendar days from the date of delivery of the Product (the "Withdrawal Period"), send it to The Apartment in accordance with the instructions provided in this General Terms and Conditions of Sale and/or in the Return Conditions and those set forth below.
In the event of the exercise of the right of withdrawal, the Buyer shall, in addition, be obliged to return the Product to The Apartment no later than 14 calendar days from the exercise of the right of withdrawal e. from the sending to it of the Online Withdrawal Form and/or the Declaration of Withdrawal as explained and defined below (the "Return Period").
Therefore, please note that the Customer can be considered to have exercised his or her right of withdrawal if he or she has complied with the Withdrawal Period, that is, if the notice regarding the exercise of this right is sent within 14 days of receipt of the Products.
Please also note that the 14-Day Return Period is met if the Customer returns the Products before the expiration of the Return Period in accordance with the conditions set forth in these General Terms and Conditions of Sale to the address provided by Customer Service.
CONDITIONS OF WITHDRAWAL – RETURN
An essential condition for the exercise of the right of withdrawal will be the substantial integrity of the product to be returned. It is sufficient, however, that the Product be returned in the exact state of preservation of how it was delivered to the Buyer by The Apartment, insofar as it was kept and possibly handled with the use of good and normal diligence.
Specifically, the Products must be returned in the following condition:
if the Buyer is not sure to keep the purchased Product, it is possible to prove it provided that the conditions set forth in the Return Conditions and in any case in these General Terms and Conditions of Sale and more particularly in Articles 8.1. above, 8.2. above, those set forth in this Article 8.3. letter B) b) numbers i., ii., iii. and iv. above, and in this Article 8.3. in general, are met;
in addition, the Products shall be returned by the Purchaser who intends to return them in accordance with the terms of evidence set forth below by way of example but not limited to:
MODE OF WITHDRAWAL – RETURN
To exercise the right of withdrawal, the Customer must inform The Apartment in the terms and conditions indicated and contained in these General Terms and Conditions of Sale and in particular in Article 8.2. above and in this Article 8.3. by following one of the following methods:
1. The Apartment offers the Customer the opportunity to exercise withdrawal online by completing and submitting a special form ("Online Withdrawal Form") electronically by accessing the site Theapartmentcosenza.com following the guided procedure made available to him as follows: by clicking on the following link: https://www.theapartmentcosenza.com/en-IT/policy/condret or https://www.theapartmentcosenza.com/it-IT/policy/condret) and clicking in the "Return Form" section below. Having completed the return form, The Apartment will promptly send to the Customer, by e-mail, an acknowledgement of receipt of the request for withdrawal and instructions for exercising the withdrawal.
2. by writing to contact@theapartmentcosenza.com and/or WhatsApp number +39 388 9341174 and/or via the Chat button on the Site i.e. The Apartment's Customer Service by submitting any other explicitly requested statement of its decision to return one or more purchased Products (the "Withdrawal Statement).
3. Without prejudice to the hypothesis of sending the Online Withdrawal Form, as a Declaration of Withdrawal, the Customer may optionally use the standard, non-mandatory withdrawal form set out in Annex I of Italian Legislative Decree 21 February 2014, no. 21, available at this point iii. below made available. In the event that the Customer chooses said option, the notice of withdrawal may be sent by postal service to the following address or by e-mail to: contact@theapartmentcosenza.com and/or WhatsApp number: +39 388 9341174, or it must be sent by mail to the address:
The Apartment S.r.l.
c/o Customer Service
Via Carlo Cattaneo, 80/A
87100 Cosenza (CS)
"Standard withdrawal form
- Pursuant to Article 49, paragraph 1, letter h) of Italian Legislative Decree No. 206 of September 6, 2005 (complete and return this form only if you wish to withdraw from the contract)
The Apartment S.r.l.
Address The Apartment S.r.l. Via Carlo Cattaneo, 80/A - 87100, Cosenza
email address: contact@theapartmentcosenza.com
- I/we (*) hereby give notice of termination of my/our (*) contract of
Sale of the following goods/services Order No. (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if this form is notified in paper version)
- Date
(*) Delete unnecessary wording.";
For better management of the withdrawal and return, the Customer is invited to indicate in the Withdrawal Statement the Order number, the Product(s) for which the Customer intends to exercise the right of withdrawal and his/her e-mail Please note that since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on the Customer, it is in the Customer's interest to use a durable medium when communicating to The Apartment.
INSTRUCTIONS, SHIPPING, CHARGES AND COSTS IN CASE OF WITHDRAWAL – RETURN
INSTRUCTIONS
Subject to compliance with the foregoing, communicated the Online Withdrawal Form and/or the Declaration of Withdrawal, The Apartment's Customer Service will provide directions so that return shipment can be arranged and the package containing the returned Products can be picked up.
The Customer must arrange to return the Products to The Apartment in accordance with the instructions received from The Apartment through its Customer Service Department. Once the return has been authorized by The Apartment's Customer Service, the Customer will receive via e-mail the waybill to be applied directly to the package and for non-EU countries the customs documentation to be delivered to the courier at the time of shipment.
In any case, the Customer is asked to indicate on the outside of the package with which he makes the return, the number of the Order, even by application of the waybill, for which he exercises the right of withdrawal, in order to a more efficient management of the return practice.
The Customer can schedule the pickup on the day they most desire, or they can choose to go to any DHL point and drop off the package.
EXPENSES, COSTS CHARGES IN CASE OF RETURN – WITHDRAWAL
Except for returns for defective Products or shipping errors, all expenses, including transportation, taxes, fees, charges, import and/or export duties, and costs of returning Products in general shall be borne by Buyer. The return of Products shall be at the responsibility and expense of the Customer.
The shipping costs made available to The Apartment with its own arrangements for better return handling and efficiency vary depending on the country of delivery and are:
- ITALY
Return shipping cost: € 10
- EUROPEAN UNION COUNTRIES
Return shipping cost: € 25
- NON-EU EUROPEAN COUNTRIES
Return shipping cost: € 35
- UNITED KINGDOM
Return shipping cost: € 30
- UNITED STATES OF AMERICA
Return shipping cost: € 40
- ASIA
Return shipping cost: €50
- REST OF THE WORLD
Return shipping cost: € 60
Please note: Any incidental expenses, fees, taxes and charges including customs charges for shipping and/or export and/or import related to the return will be deducted from the refund.
The Apartment recommends that all returns be shipped via the carrier listed above using the services provided by The Apartment Customer Service. If you wish to use a carrier other than the one indicated by The Apartment, you will be responsible for all shipping costs and an additional charge of 10% of the total value of the returned Products will apply.
REFUND
Upon receipt of the returned Product(s), The Apartment will proceed, upon verification of compliance with the withdrawal/return conditions, to refund the total amount due, including the delivery costs of the purchase if applied at the time of purchase, or, in the case of partial withdrawal from multiple Orders, the partial amount due, excluding delivery costs, if applicable, as set forth in Article 6.3. of these General Terms and Conditions of Sale, no later than 14 days from the day the Product(s) were returned to The Apartment and without prejudice to the conditions set forth in these General Terms and Conditions of Sale.
Unless The Apartment has expressly agreed otherwise, the refund will be made in the same form in which payment was made in the manner set forth in Article 5.1. of these General Terms and Conditions of Sale. In any event, the Customer shall incur no costs as a consequence of such refund, except for any transaction costs, without prejudice to the incurrence of all costs and charges for the return of the Products. The Apartment may, at its sole discretion, suspend the refund until receipt of the Products subject to withdrawal or until Customer has demonstrated that it has returned such Products, whichever is earlier.
PRODUCT CHANGE
In case of exercising the right of withdrawal, unless otherwise specified by The Apartment, it is not possible to directly replace the chosen Product with another one; in order to purchase a new Product, the Customer will have to place a new and separate order from the previous one. It is the right of The Apartment to agree, in lieu of the return of the Product and only for Orders within the European Union and for one time only, to a size change of the Product purchased. The directions for the size change of the ordered Product, where available, will be provided, after Customer's contact with The Apartment's Customer Service at the above addresses, by the aforementioned Customer Service of The Apartment.
DECREASE IN PRODUCT VALUE
In the event that the Product is not returned in accordance with these Terms and Conditions and otherwise this Article 8., The Apartment reserves the right not to accept the return or, alternatively, to reduce the amount of the refund or exchange.
In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and operation of the Product, the refund amount may at the discretion of The Apartment be reduced by an amount equal to this decrease in value. Of the circumstance and the resulting diminished refund amount, The Apartment will notify you within 7 business days of receipt of the Product, providing you, if the refund has already been paid, with the bank details for payment of the amount owed by you due to the diminished value of the Product.
The Customer shall be liable for any diminution in the value of the Products resulting from any handling of the Products other than that necessary to establish the nature, characteristics and operation of the Products. Returned Products must be returned in accordance with the provisions of these General Terms and Conditions of Sale and the Return Conditions.
Therefore, without prejudice to the cases provided by Article 8. letters c), d) and e) of these General Terms and Conditions of Sale that follows and, in general, by art. 59 of the Italian Consumer Code, in which the right of withdrawal does not apply and/or ceases to apply upon the occurrence of certain circumstances, and, in which, therefore, no refund is due to the Customer, in the - various - cases in which the right of withdrawal does apply, if the Product for which the right of withdrawal has been exercised has been opened, given the type of Products, it is presumed that the Product being no longer able to be offered for sale, has suffered a decrease in value of 50% and, consequently, the refund amount will be reduced by 50%, without prejudice to The Apartment's right to deduct from the refund amount even a greater sum, in the event that greater than 50% results in the decrease in value suffered by the Product as a result of improper handling of the same. In accordance with Article 8.3. of these General Terms and Conditions of Sale, in the event that the withdrawal concerns Caskets and/or Kits, since the Product consists of the Kit or the Casket as a whole, should even one of the pieces within the Casket and/or Kit be opened, the minimum 50% decrease in value will be applied to the entire Casket and/or Kit.
EXCLUSION OF THE RIGHT OF WITHDRAWAL – RETURN
In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation and in any case these General Terms and Conditions of Sale, it will not result in the termination of the Contract and, consequently, will not entitle the Customer to any refund. The Apartment will notify the Customer within 7 working days of receipt of the Product, rejecting the request for withdrawal/return.
The Apartment reserves, therefore, the right to refuse those returns that are unauthorized and/or not sent in accordance with the return policy set forth in the Return Conditions and otherwise in these General Terms and Conditions of Sale. In the case of unauthorized returns or returns that do not conform to the standards set forth, the Product will remain at The Apartment at the Customer's disposal for collection, which must take place at the Customer's own expense and responsibility and/or sent back by The Apartment to the Customer at The Apartment's sole discretion without prejudice to the fact that costs, expenses and charges of any kind will remain the responsibility of the Customer.
The Apartment reserves the right to reject return/exchange requests for which all conditions set forth in the Return Conditions and/or these General Terms and Conditions of Sale have not been met and those returns not authorized and/or not sent in accordance with the above return policy. Failure to comply with the latter will result in The Apartment's right not to accept the exchange/return and the Products will remain in the warehouse available to the Customer for pickup or returned with shipping and consequent costs and/or charges at its expense. Therefore, if the terms and conditions for the exercise of the right of withdrawal, as specified in these General Terms and Conditions of Sale, are not complied with, the Customer shall not be entitled to a refund of the sums already paid to The Apartment; however, the Customer may re-obtain, at his own expense, the Products in the state in which they were returned to The Apartment.
However, the right of withdrawal for Contracts concluded on the Site is excluded in accordance with Article 59 of the Italian Consumer Code with respect to:
The Customer is reminded that the right of withdrawal is excluded in the cases referred to in Article 59 of the Italian Consumer Code and, in particular, with regard to contracts concluded through the Site, in relation to the supply of (i) custom-made or clearly personalized goods; (ii) goods that are likely to deteriorate or expire rapidly; (iii) sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and are opened after delivery (e.g.: creams, sunscreen and cosmetic products in general, perfumes,). The delivery of a cosmetic product is considered opened if the package containing it is opened. The supply of a perfume is considered opened if the cap of the bottle containing the perfume is removed. The supply of a cream, sunscreen, or any other cosmetic is considered opened if the package containing it is opened.
However, it remains the right of The Apartment to accept the request for withdrawal even for Products excluded from this right, if in its sole discretion it deems it appropriate for justified reasons.
In the event of non-compliance by the Buyer with the conditions set forth in these General Terms and Conditions of Sale, The Apartment reserves the right to deduct from the refund of sums paid by the Buyer an amount corresponding to the decrease in value of the returned Products, giving appropriate notice to the Buyer. Following such notice, the Buyer shall retain the right to re-obtain, at its own expense, the Products in the state in which they were returned to The Apartment.
Customers should note that The Apartment constantly monitors the number of returns made: frequent returns that do not comply with the Return Conditions and these General Terms and Conditions of Sale will be flagged. The Apartment reserves the right to terminate the account or not complete future orders of Customers who continue to violate these General Terms and Conditions of Sale and the general conditions of use of the Site found in the "Terms & Privacy" section of the Site.
For all matters not specifically expressed in this Article 8., please refer to the provisions of the Return Conditions found in the footer of the Site "Return Conditions".
Protection of personal data
The personal data collected during registration and/or purchase, as well as any browsing data will be processed by The Apartment as data controller in compliance with current legislation on the protection of personal data (Regulation (EU) 2016/679 and Italian Legislative Decree 196/2003 ss.mm.ii). For more information on the processing of personal data, please consult the Privacy Policy that can be reached through appropriate links inserted at the bottom of the forms on the site and the link "Terms & Privacy" policy present on the footer of each page and available at the following link [INSERT LINK].
Miscellaneous
The Apartment reserves the right to update and/or modify these General Terms and Conditions of Sale at any time by giving notice through the normal communication channels on the Site.
Terms defined in the singular take the same meaning when defined in the plural and vice versa according to the context and interpretation of these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale applicable to the sale of each Product shall be those published on the Site on the date of the Order for that Product. The Buyer, therefore, must review and accept these General Terms and Conditions of Sale before proceeding with any purchase.
Should any provision of these General Terms and Conditions of Sale be held void or invalid, these General Terms and Conditions of Sale shall nevertheless remain in full force and effect in the remainder, and the provisions thereof which shall be held void or invalid or ineffective shall be superseded to the minimum extent necessary for them to become valid and effective.
The mere forbearance or failure of The Apartment to object to any failure of the Buyer to comply with the provisions of the General Terms and Conditions of Sale shall not be construed as tacit acceptance of such failure, nor as a willingness to deviate from what was agreed between the Parties.
Communications
For any communication and/or request for assistance and/or claim relating to the Products purchased, the Purchaser may contact The Apartment at the contact details indicated in the "WE’RE AT YOUR SERVICE" section of the Site. Except for the cases expressly indicated - i.e. established by legal obligations - communications between the Seller and the Buyer shall take place preferably by means of e-mail messages to their respective electronic addresses, which shall be considered by both Parties as a valid means of communication.
Either Party may at any time change its e-mail address for the purposes of this Article, provided that it promptly notifies the other Party in accordance with the forms set forth in Article 11.1. above.
Applicable law and dispute resolution - Referral
These General Terms and Conditions of Sale are governed by Italian law and, therefore, shall be interpreted and executed in accordance with it, for all that is not established and provided for herein, please refer to the Italian regulations on distance selling.
In case of disservice or dispute between The Apartment and a user/Customer, we guarantee as of now our participation in an amicable conciliation attempt that the Customer for any dispute can use through online platform provided by the European Commission for Alternative Out-of-Court Dispute Resolution (so called ODR platform), accessible on the website at the following link https://webgate.ec.europa.eu/odr which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in an amicable and safe way.
In case of any discrepancy between the Italian language version of these General Terms and Conditions of Sale and the English language version, the Italian language version shall prevail.