General Conditions of Service and Sale
1.1. These General Conditions of Service and Sale govern the terms and conditions by which Stecol Flex s.r.l., with registered office in Via Francesco Baracca, 12/14 – 20056 Trezzo sull’Adda (MI) – Italy, (the “Vendor”), owner of the online store www.redelk.it (hereinafter “Redelk” or “Online Store”), grants Users the right to navigate the Online Store and purchase the products in the on-line catalogue.
2.1. Article/s: clothing or fashion accessories sold on the Online Store.
2.2. Sales Contract: agreement between the User and Stecol Flex-Redelk for the on-line sale of the Article.
2.3. General Conditions of Service and Sale: These general conditions, hereinafter GCS.
2.5. Parties: The User/Purchaser and the Vendor, corresponding to the parties that conclude the contract.
2.6. Online Store: The quality clothing and accessory online store at the web address www.redelk.it, hereinafter also referred to as Redelk.
2.7. User or Purchaser: the consumer using or placing orders on the online store Redelk
2.8. Vendor: Stecol Flex s.r.l., license holder of the brand Redelk which manages the Online Store.
3. IDENTIFICATION OF THE VENDOR
3.1. The goods to which these general conditions refer are offered and placed for sale on the Online Store www.redelk.it. The Online Store, including the domain name, is managed by Stecol Flex s.r.l., the vendor, registered with the Chamber of Commerce of Milano, Italy at no. MI – 1297216 of the Companies’ Register, Tax ID code and VAT Reg. No. 09507890151, with registered office in Via Francesco Baracca, 12/14 – 20056 Trezzo sull’Adda (MI) – Italy; hereinafter referred to as Redelk, which is the Online Store through which it exercises online sales activities of this brand.
4. FIELD OF APPLICATION OF THE GCS
4.1. These General Conditions govern the use of the Online Store Redelk by the User. By placing an order on the online store, the User accepts the application of the General Conditions.
4.2. These GCS, which are valid as specifically indicated for all geographical areas from which it is possible to place orders and to which shipments can be made, may be modified at any time. Where a local regulation establishes mandatory contractual conditions which are more favourable to the consumer, those conditions shall prevail where better than those given in these GCS.
4.3. Any amended and/or new conditions shall be in force from the time of publication in the “General Conditions” section of the Online Store. For this reason, Users are invited to check the publication of the most recently updated GCS. Notwithstanding, the applicable GCS are those in force on the date of submission of the purchase order.
5. REGISTRATION TO THE ONLINE STORE
5.1. The Online Store is reserved exclusively for Users aged 18 and over and who expressly state that they are the end Users as defined in art. 3, para. 1, lett. a) of Italian Legislative Decree 206/2005 (“Consumer Code”) and who intend to purchase the articles for purposes which are not related to any commercial, trade, business or professional activity exercised.
5.2. Redelk reserves the right to refuse orders where, at the sole discretion of Redelk, there are anomalies concerning the quantity of products purchased or the frequency of purchases made on the Online Store. Redelk reserves the right to delete Users who are not consumers or who have not entered all required data.
5.4. Registration with the Online Store is free. To register, Users must complete the registration form, entering their name, surname, e-mail address, password and click on “Register” at the bottom of the form. Registration will be confirmed by e-mail to the Purchaser.
5.5. The registration credentials must be used exclusively by the User and may not be transferred to third parties. Users undertake to keep them secret and prevent their disclosure to or use by other persons. They shall immediately notify Redelk in the event of suspected misuse and/or disclosure of the credentials.
5.6. Users guarantee that the personal information provided when registering with the Online Store are complete and truthful. Users accept to hold Redelk harmless of all claims for compensation and/or sanctions relating to the breach of the registration rules for the Online Store by the User.
5.7. By registering with the Online Store and approving these GCS, Users accept to receive the newsletter at the e-mail address indicated during registration. They may at any time request to no longer receive such messages by clicking on the link at the bottom of the messages or sending an e-mail to [email protected]
6. ORDER PLACEMENT PROCEDURE AND CONCLUSION OF THE SALES CONTRACT
6.1. The contract between Redelk and the User is concluded, following acceptance of these GCS, exclusively online when the User accesses the website www.redelk.it where, following the procedures indicated, the User formalises a proposal for purchasing the Articles.
6.2. An order is issued by selecting an Article in the Online Store, choosing the size and/or colour, then clicking on “Add to cart”. To make the payment, the User must click on the “Cart” button, where a summary of the order will appear, including the prices and the shipping costs as shown in the cart. If the User accepts, he may continue by clicking on “Proceed with purchase”. Before confirming an order, the User must already have accessed his account or, if the User does not have an account, (s)he may provide all the data required to process the order by following the procedure. The User must then select the payment method and thereafter press “Confirm Order”. As soon as the payment has been accepted, the User will see the order confirmation on screen on the Online Store and will also receive a copy by e-mail, sent to the address indicated by the User.
6.3. CONCLUSION OF THE SALES CONTRACT: the sales contract is concluded once the User has completed the order form, made the payment and after Redelk has sent the User the order and payment confirmation form by e-mail, after the order summary and confirmation has been given on the web page, giving all the details of the purchaser and the order, the price of the Article/s purchased, the shipping costs and any other accessory charges, the payment terms and methods, the address where the Article/s will be delivered, the delivery times and an indication of the right of withdrawal.
6.4. The order confirmation sent by e-mail by Redelk to the User contains all the information concerning the Sales Contract.
6.5. Redelk reserves the right to refuse orders for any reason whatsoever. Redelk also reserves the right to cancel any purchases (an order already accepted by the Vendor) in the event of conditions including but not limited to the following, without being held liable for any damages and/or costs (in this case the contract will be deemed to be terminated by mutual consent):
I. the Article is not available / in stock (any payments will be refunded); if only a part of the Articles indicated in the order are available, Redelk will contact the User to ask whether he intends to cancel the order or is willing to receive only the goods available; in this case the User will be charged only the amount related to the Articles he will receive or will be refunded the relative amount if the payment has already been made.
II. the invoicing data sent by the User are incorrect or cannot be verified;
III. the order is marked by the security systems as an “unusual order” or an “order susceptible to fraud”. In case of suspected fraud, before proceeding to the order cancellation, Vendor reserves the right to carry out checks on the bank details and/or on the identity of the Purchaser. By finalizing the purchase process, Purchaser undertakes to provide Vendor with the information and documents required to carry out such audits. In absence of such information and documents, Vendor reserves the right to cancel the order subject of the audit.
IV. payment by bank transfer is not received within 5 consecutive days following the accepted of the User’s order;
V. Redelk has reason to believe that the order was issued by a minor (User aged under 18);
VI. Redelk has reason to believe that the order was placed by a retailer or other professional purchaser;
VII. the Article was incorrectly priced;
VIII. Redelk cannot deliver to the delivery address provided.
6.6. It is not possible to modify an order once it has been placed. Redelk reserves the right to decide whether to accept any requests for order cancellation received prior to the shipment of the Products to the Purchaser.
6.7. Redelk reserves the right to delay the shipment if the order cannot be sent in a single shipment. Orders placed separately will be shipped separately.
7. PRODUCT AVAILABILITY
7.1. Redelk ensures the prompt processing of orders via its online computer system. For this purpose, it indicates the products available or not available in its e-catalogue, and relative shipping times, in real time.
7.2. If an order exceeds the quantities available in stock, Redelk will send an e-mail or phone the Purchaser to inform that the product is no longer available or, alternatively, to inform of the waiting time for receiving the chosen products, asking whether he intends to confirm the order or not.
7.3. The order form will be archived in the Redelk database for the time required to process the order and, in any case, according to law.
7.4. The following languages are available to Users for the conclusion of the contract:
7.5. Redelk reserves the right to refuse orders from Users who do not offer sufficient guarantees of solvency or with whom disputes are pending.
7.6. If the product ordered is not available, the Purchaser will be promptly notified by e-mail and the purchase order will be cancelled. If the payment has already been made, Redelk will refund the total amount paid by the User – consisting of the purchase price, the shipping costs and any other additional costs – immediately and in any case within fourteen days following the day subsequent to the submission of the order. The amount of the refund will be notified by e-mail and accredited in the same payment methods used by the Purchaser for the purchase.
7.7. Any delay in the refund may depend on the bank, the type of credit card or the payment method used. In any case, the transfer date of the accredited amount will be that of the payment.
8.1. All sales prices of the products shown and indicated on Redelk are expressed EUR (€) and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. Transactions will be made in EUR.
8.2. For shipments in Italy and the European Union, any import duties are included in the indicated prices. For shipments outside of the European Union, additional costs may apply for customs duty and local taxes (“Additional Costs”), which shall be borne by the Purchaser. Refer to the following table indicating the currencies and if the price includes import duties or not, according to the country in which the purchase is made. Any Additional Costs may be requested at the time of delivery of the goods by the courier.
|Website||Country of delivery||Visible currencies||Transaction currency||Price to the public|
|Campione d’Italia and Livigno||EUR||EUR||For these areas we invite you to contact us at [email protected]|
|EU Europe||France, Germany, United Kingdom, Bulgaria, Croatia, Czech Republic, Denmark, Hungary, Poland, Romania, Sweden, Austria, Belgium, Cyprus, Estonia, Finland, Greece, Ireland, Lithuania, Luxembourg, Latvia, Malta, Portugal, the Netherlands, Slovakia, Slovenia, Spain||EUR||EUR||INCLUDING TAXES|
|Non-EU Europe||Bosnia and Herzegovina, FYR Macedonia, Norway, Serbia, Switzerland, Turkey, Iceland, Russia, Andorra, Kosovo, Principality of Monaco, Montenegro, Republic of San Marino, Vatican City, Albania, Azerbaijan, Armenia, Belarus, Georgia, Ukraine, Liechtenstein, Moldova||EUR||EUR||EXCLUDING TAXES AND CUSTOMS DUTIES|
8.3. All prices shown on the Online Store do not include shipping costs and any accessory charges (for example, cash on delivery costs, customs duties, gift packaging). In the purchase procedure, Users will be informed of the shipping costs and any other charges, which are shown in the order summary page and which must be authorised by Users when confirming the order.
8.4. For shipments outside the European Union for which Additional Costs may apply, Purchaser, by flagging the acceptance checkbox at check-out, accepts and undertakes to bear the Additional Costs. In case Purchaser refuses to receive the delivery or to pick up the Article from Customs, with the exception of the case of withdrawal from the Sales Contract, at the option of Vendor, the Sale Contract would be considered terminated. Therefore, Vendor shall have the right to the return of the Article and will have to refund Purchaser the price of the Article, deducted the Additional Costs and costs of return. Vendor reserves the right to withhold the reimbursement until receipt of the Articles back.
8.5. The product prices may be modified without notice, notwithstanding the price charged to the User is that published in the product sheet at the time of placing the order. The products will remain the property of Redelk until payment by the User of the purchase price, shipping costs and any other additional costs, in EUR.
8.6. The prices shown on the Online Store and/or in the advertisements may be modified at the initiative of Redelk without notice. The prices in EUR shown in the order confirmation sent to the e-mail address indicated by the User in compliance with Article 6.4 above shall be deemed binding, where the prices indicated in the order confirmation are higher than the prices shown in the Online Store. Redlelk is not bound by any order and reserves the right to cancel any orders in the event of incorrect or modified prices.
8.7. Sales and promotional periods published on Redelk may be of a limited duration and may vary according to the geographical area from which the User accesses the website. The date of validity of these offers is indicated on the Online Store and notified to Users via e-mail informing of the start of the sales period.
9. PAYMENT AND REFUND METHODS
9.1. Each payment by the User may be done only using one of the methods indicated in the specific page of the Online Store Redelk.
9.2. Any refunds to Users will be accredited promptly and in the same method as the payment method used by the User at the time of purchase. In the event of exercising the right of withdrawal, as governed by art. 15 of this contract, the User shall notify Redelk no later than 14 (fourteen) days following the date of receipt of the shipment.
9.3. The User shall make payments exclusively in the following methods or any other means of payment which may be indicated on the website:
I. Credit and Debit Card – via Stripe, a single platform managed by Stripe Inc. for the acceptance of online payments, open to all circuits (available on Redelk: Visa, MasterCard, American Express). Stripe uses a safe payment system, conforming to the national and international standards in force. At the time of order confirmation on Redelk, the transaction data are transferred via a protected connection to the authorising bodies (banks or companies issuing and/or managing payment cards), to obtain the necessary authorisations. To protect both the User and Redelk, the credit card numbers are not disclosed under any circumstances (the Vendor receives only an authorisation code which cannot be traced back to the card). The system uses all the existing security protocols (3D Secure – Verified by Visa, MasterCard Secure Code and CVV) and, for e-commerce, offers an anti-fraud service to identify fraudulent transactions. Moreover, to ensure greater fraud prevention and management, detailed information on the Card making the payment will be provided (type of Card, geographical area and country). Please enter your card data in the payment area or page. The system checks if the card uses a security programme, 3-D-secure, VERIFIED by VISA or MasterCard SecureCode. This security procedure is processed exclusively for this type of credit card in order to check that the Users are effectively the legitimate card holders and that the vendor is the legitimate online vendor authorised for the transaction. The use of this security control may be obligatory in some geographical areas from where Users connect to the website. If a credit card holder is registered with the 3-D-secure programme, having entered the order data an interrogation window will appear (which may have different graphics from the checkout page of the Redelk website) connected to the client’s bank which will ask you to enter the “secure code” (a password chosen by the card holder or a code sent directly to the User’s mobile phone when making the purchase). The transaction is authorised only after entering the correct password. If the credit card is not registered for any of these security procedures, payment will be made without any further authentication. You may find more information on the credit card security procedures on: Verified by Visa or Mastercard SecureCode. Refunds for any returned goods will be made to the credit card used for payment of the purchase.
II. By PayPal. PayPal is a complete payment method, accepted in 190 countries, for national and international payments, and uses the existing financial infrastructures of bank accounts and credit cards to create a global payment system that operates in real time. A credit institute in Luxembourg, duly registered pursuant to article 2 of the updated Finance Law of 5 April 1993 is subject to the prudential supervision of the competent authority in Luxembourg, the Commission de Surveillance du Secteur Financier. To safeguard financial and personal information, PayPal checks that the cryptographic protocol Secure Sockets Layer 3.0 (SSL) or subsequent verify is running on the Purchaser’s browser. This protocol protects the integrity of data during transfer to the PayPal servers, using a 168 bit long cryptographic key (the longest available on the market. The Purchaser’s personal information is saved on the PayPal servers and protected effectively in both physical and electronic terms. To protect the Purchaser’s credit card and bank account numbers even further, PayPal does not directly connect its servers to the Internet and these are in any case protected by firewalls. In the purchase process, simply select “PayPal” from among the “Payment methods” and you will automatically be transferred to the PayPal page. If you are already a PayPal client, simply access the page using your own credentials and confirm the payment. If you do not have a PayPal account, you can open one and confirm the payment or alternatively pay using your credit card without creating an account on PayPal. You can pay using this system even if you do not have a PayPal account, but using your card easily and securely. If the goods are returned, the amount will be accredited to the account or card used for payment.
III. By bank transfer. The Purchaser may also use bank transfer as an electronic payment method from his own bank account in order to complete the order. The banking coordinates and order number will be sent to the User in the automatic order confirmation e-mail. You are kindly asked to transfer the total amount in EURO immediately after having placed the order, in any case no later than 48 hours thereafter, indicating the order number in the description. Any bank and bank transfer charges will be for the client’s account. Only after having verified that the amount has been transferred to its own bank account, Redelk will provide confirmation to the Purchaser, indicating that the product/s have been processed for shipment. If the transfer is not received within 5 working days, Redelk reserves the right to cancel the order, notifying the User. If the User has already made the transfer but one or more articles are no longer available, Redelk will refund the difference, again by bank transfer, and will proceed to send the available articles. The amount of any goods returns will be refunded by bank transfer to the User’s bank account used for payment, having requested the User’s IBAN code.
9.4. If an invoice is required, the Purchaser should select the “Invoice” option from the menù “Invoice Type” at the checkout, providing all data needed to issue the invoice correctly (VAT Reg. no./Tax ID code). It will not be possible to request an invoice after the payment has been processed.
9.5. It is not possible to request an invoice for European Union countries except Italy.
9.6. In the event of returns, the accredited amounts will correspond to the price paid by the User (list prices, net of any discounts if the order was placed using any promotions, discount codes or during sales) in the methods indicated for each type of payment method used.
10. DELIVERY TIMES AND METHODS
10.1. Redelk will deliver the products ordered in the method chosen by the User or indicated on the Online Store at the time of order, as confirmed in the confirmation e-mail and having received the relative payment.
10.2. Redelk aims to deliver the goods to Users in the shortest possible time. Shipment will take place on the day of confirmation by Redelk to the User of both the order and the payment. If Redelk is not able to ship within these terms, prompt notice will be sent to the User by e-mail. If Redelk cannot ship the Article within 30 days of issue of the order, the User has the right to withdraw from the purchase agreement, with the right to be refunded only the amount already paid. This shall not apply if the parties agree on other delivery terms. Indicative delivery times and costs are given in the table below and are indicated in the checkout of the Online Store and in the confirmation e-mails according to the country of delivery.
|Website||Country of delivery||Delivery times||Shipping costs|
|ITALY||Italy||From 3 to 5 working days||Free for orders over € 50.00.|
For orders less than € 50.00 fee of € 8.00.
|Islands and remote areas||From 4 to 6 working days||Free for orders over € 50.00.|
For orders less than € 50.00 fee of € 8.00.
|Campione d’Italia and Livigno *||–||For these areas we invite you to contact us at [email protected]|
|EUROPE||Vatican City, San Marino||From 3 to 5 working days||Free for orders over € 50.00.|
For orders less than € 50.00 fee of € 8.00.
|United Kingdom, France, Germany, Austria, Belgium, Denmark, Finland, Greece, Hungary, Ireland, Luxembourg, Netherlands, Portugal, Spain, Sweden, Bulgaria, Cyprus, Czech Republic, Estonia, Latvia, Lithuania, Malta, Poland, Romania, Slovak, Slovenia, Croatia||From 5 to 8 working days||Free for orders over € 50.00.|
For orders less than € 50.00 fee of € 16.00.
10.3. Delivery times for each product will be specifically indicated during the purchase procedure and in any case prior to completing the purchase.
10.4. Deliveries are made by courier (BRT or GLS) from Monday to Friday, excluding national holidays. Redelk reserves the right to use other delivery methods.
10.5. Delivery is deemed to be completed when the product is made available to the User at the delivery address specified in the order form. Deliveries will not be made to floors other than the ground floor, or by appointment.
10.6. If delivery is not possible due to the absence of the recipient at the address specified in the order form, the courier will leave a card to certify that delivery was attempted (so-called transit note). The card will indicate the phone number the User must call to ask the courier to attempt a second delivery, or the procedure to be carried out on the Internet. After three delivery attempts, the package will be withheld. At this point the Redelk Customer Care will contact the Purchaser to release the package on hold and ensure that it is delivered as soon as possible. If necessary, Redelk may agree with the User to modify the delivery address. If the delivery attempt following contact by Redelk is also unsuccessful, or if the User does not respond to the contact attempt, the package will be returned to Redelk and the User will be notified of this circumstance by e-mail. The User acknowledges that, after thirty days after the package has been returned to Redelk, the contract will be deemed to be terminated due to the impossibility to deliver, due to the fault of the Purchaser, and the purchase order will be terminated pursuant to art. 1456 of the Italian Civil Code.
10.7. Having terminated the contract, Redelk will proceed to refund the total amount paid by the User, having deducted the cost of unsuccessful delivery storage and return of the products. Termination of the contract and the amount to be refunded will be notified to the User by e-mail. The refunded amount will be accredited using the payment method used by the User for the purchase.
10.8. If, prior to the expiry of the thirty-day period, the Users asks to receive the purchased products again, Redelk will proceed with delivery once more, having charged not only the costs of shipment but also the costs of returning the products to Redelk.
11. LIMITATIONS OF LIABILITY
11.1. Redelk shall not be liable for any disservice caused by force majeure preventing the processing of orders in the times laid down in the contract (including but not limited to natural disasters or catastrophes, acts of terrorism, strikes, network malfunctions and/or blackouts).
11.2. Redelk shall not be liable to the User, except in the case of wilful misconduct or serious negligence, for disservices or malfunctions linked to the use of the Internet which are beyond its own control or that of its sub-suppliers.
11.3. Moreover, Redelk shall not be liable for damages, losses or costs borne by the User following the non-implementation of the contract due to causes not attributable to them, as the User has the right only to a full refund of the price paid and any accessory costs borne.
11.4. Under no circumstances shall the User been deemed responsible for delays or difficulties in payment if he can demonstrate that the payment was made in the times and methods indicated by Redelk. Redelk shall not however be liable for any delays in the receipt of payments due to payment systems managed by third parties and consequently shall have the right to delay the order confirmation until the effective confirmation of receipt of payment.
11.5. The images and colours of Redelk products published on the Online Store may differ from the actual ones due to the settings of the IT system and/or computers used by the User to view them. Redelk undertakes to correct any errors found in the description of the products offered in the online store, in the shortest possible time after the errors are reported. Please report any errors by contacting Redelk by e-mail: [email protected]
12. LIABILITY FOR DAMAGE DUE TO FAULTY PRODUCTS
12.1. Pursuant to articles 114 and following of the “Consumer Code”, the manufacturer of the raw material and/or manufacturer of the finished product or any components thereof are liable for damage caused by product defects. Redelk is liable for damage caused by defects of the sold goods if it omits to notify the Injured Party, within 3 (three) months of request, of the identity and domicile of the manufacturer or person supplying the goods.
12.2. Such request by the Injured Party must be made in writing and must indicate the product which caused the damage, the place and date of purchase; it must also contain the offer to view the product, if this still exists (pursuant to Paragraph 2, art. 116 of the “Consumer Code”).
12.3. Redelk shall not be held liable for the consequences deriving from a faulty product if the defect is due to product conformity, or a binding law or provision, or if the state of scientific and technical knowledge at the time in which the manufacturer put the product into circulation did not yet allow the product to be considered faulty.
12.4. No compensation will be due if the Injured Party was aware of the product defect and deriving hazard and despite this was voluntarily exposed to it.
12.5. In any case the Injured Party shall prove the defect, the damage, and the causal link between the defect and the damage.
12.6. The Injured Party may apply for compensation for damages caused by death or personal injury or the destruction or deterioration of something other than the faulty product, provided this is of normal intended use or private consumption and thus used mainly by the Injured Party.
12.7. Damage to property as laid down in art. 123 of the “Consumer Code” shall however only be valid for compensation if it exceeds the sum of three hundred and eighty seven EUR (€ 387).
13. WARRANTIES AND METHODS OF ASSISTANCE
13.1. Pursuant to art. 130 of the “Consumer Code”, Redelk shall respond for any conformity defect which may appear within 2 years from the delivery of the goods.
13.2. For the purpose of this contract, it is presumed that the consumer goods conform to the contract if, where pertinent, the following conditions are all satisfied: a) they are suited for the intended use of goods of the same type; b) they conform to the description given by the Vendor and possess the qualities of the goods which the Vendor presented to the Consumer as a sample or model; c) they have the usual qualities and performance of goods of the same type, which the Consumer can reasonably expect, considering the nature of the goods and, where applicable, any public declarations of the specific characteristics of the goods made in this regard by the Vendor, the manufacturer or his agent or representative, in particular in any advertising or labelling; d) they are also suited to the specific use required by the Consumer and which was notified to the Vendor at the time of concluding the contract and which the Vendor also accepted as conclusive facts.
13.3. The Purchaser forfeits the rights laid down in article 130, paragraph 2 of the “Consumer Code” if the conformity defects are not reported to Redelk within 2 (two) months of the date in which the defect was discovered. The defect does not need to be reported if the Vendor has acknowledged the existence of a defect or has hidden it.
13.4. In any case, unless otherwise proven, it is presumed that the conformity defects discovered within 6 (six) months following the delivery of the goods already existed on that date, unless such hypothesis is incompatible with the nature of the goods or the nature of the conformity defect.
13.5. In the event of a conformity defect, the Purchaser may request, alternatively and at no cost, at the following conditions, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request cannot objectively be satisfied or is excessively onerous for Redelk pursuant to art. 130, paragraph 4, of the Consumer Code.
13.6. The request must be made in writing and sent by registered letter with advice of receipt to Redelk, who shall indicate its willingness to comply with the request, or the reasons preventing it from doing so, within 7 (seven) working days following receipt. In its communication accepting the Purchaser’s request, Redelk shall indicate the methods of shipment or replacement of the goods and the term for the return or replacement of the faulty goods.
13.7. If repair or replacement is impossible or excessively onerous, or Redelk has not proceeded to repair or replace the goods within the term set in the previous point or, finally, the previous replacement or repair has caused great inconvenience to the Purchaser, the latter may request either a reasonable reduction of the price or the termination of the contract. The Purchase shall in this case send his request to Redelk, who shall indicate its willingness to comply with the request, or the reasons preventing it from doing so, within 7 (seven) working days following receipt.
In its communication accepting the Purchaser’s request, Redelk shall indicate the proposed price reduction or the methods or returning the faulty goods. In this case the Purchaser must indicate the methods for refunding the amounts previously paid to Redelk.
13.8. The Vendor declares that the repair or replacement times are linked to the response times of the suppliers. Redelk reserves the right to contact the suppliers of the products before confirming any repair/replacement/price reduction to the User in order to check the availability of the products with the manufacturer, the warranty and the methods of managing faulty products.
14. OBLIGATIONS OF THE USER
14.1. The User undertakes to pay the price of the purchased goods in the times and methods laid down in the contract.
14.2. The User undertakes, having completed the online purchase procedure, to print and keep a copy of this contract (GCS).
14.3. The User undertakes to promptly notify Redelk of any change of address and/or transfer of premises. The risks of non-notification by the User of any change of address and/or transfer of premises shall lie entirely with the User. If no changes or residence and/or transfer notices are given, the User will be considered to be domiciled at the address indicated by him at the time of order and the User shall be responsible for the ordered Article.
14.4. The information contained in this contract (GCS) has already been read and accepted by the User, who acknowledges this fact, as this step is mandatory prior to confirming the purchase order.
15. RIGHT OF WITHDRAWAL – RETURNS AND REFUNDS
15.1. Users in any case have the right to withdraw from the contract, without any penalties and without having to specify any reason, within 14 (fourteen) days from the date of receipt of the purchased goods.
15.2. Purchasers wishing to exercise the right of withdrawal must give notice to Redelk using the contact form available on the Online Store at the following link www.redelk.it/contacts, selecting “return request” from the drop-down menu and indicating the data required, the order number and a phone number or sending an e-mail to [email protected] with the full details indicated above. After submitting the form or sending the e-mail, the User will receive an authorisation to proceed with the return by e-mail from the Customer Service, indicating the return code which must be mentioned in all correspondence and which must be indicated in the form included in the package (Delivery note – Return form), the cost of the return where applicable and the procedure for booking a collection by the courier.
15.3. Following authorisation from the Redelk Customer Service, within 14 (fourteen) days from the date of receipt of the goods, the User must ship the product/s purchased, suitably protected and packaged where possible in their original packaging, with the original labels and all product accessories (protective envelopes, spare parts, warranty…). The User must use the courier authorised by Redelk, which can be booked with our Customer Service. Within 14 days following delivery, the User may also withdraw from the Sales Contract by returning the Article, intact, complete and in its original packaging, including the Delivery note – Return form received in the package together with the goods, duly completed with the articles being returned and the assigned Return Code. For returns from outside the EU, in addition to the Return form the package must include all customs forms and a re-import form which will be sent by the Customer Service. Pursuant to art. 67, paragraph II of the “Consumer Code”, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The products must therefore not have been used, worn, damaged or altered in any way. In any case, the right to a full refund of the price paid is subject to the goods being returned intact and, in any case, in a normal state of conservation including the original labels, which must still be fixed to the garment. If the return conditions laid down in this article are not wholly or partially met, Redelk reserves the right to refuse the return, and therefore has the right to return the Product to the User, following payment by the User of all additional shipping costs.
15.4. The cost of returns varies according to the geographical area to which the package has been shipped; for this reason, refer to the table below which gives an indication for each destination. Where due, the cost of the return will be deducted from the refund having checked the integrity of the product/s and after the right of withdrawal has been confirmed.
|Website||Country of delivery||Return fee|
|EUROPE||Vatican City, San Marino||€ 8.00|
|United Kingdom, France, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Romania, Slovak, Czech Republic, Denmark, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary||€16.00|
|NON-EU EUROPE||Andorra, Gibraltar, Iceland, Liechtenstein, Monaco, Norway, Switzerland, Albania, Belarus, Bosnia, Faeroe Islands, Macedonia, Moldova, Serbia and Montenegro, Turkey, Ukraine, Georgia, Armenia, Azerbaijan||€16.00|
15.5. If the User decides to return the Article at his own expense, the goods must be shipped in a method with package tracking to the following address: Redelk ℅ Stecol Flex s.r.l. – via Francesco Baracca, 12/14 – 20056 Trezzo sull’Adda (MI) – ITALY. If the package is shipped without a tracking number and gets lost, Redelk declines all liability and will not be able to refund the Purchaser. In conformity with art. 67 paragraph IV of the Consumer Code, only after the receipt of the product/s and having checked that all terms and conditions for exercising the right of withdrawal have been met and having checked the integrity of the products as specified in point 15.3, Redelk will refund the amount paid by the Purchaser within 14 (fourteen) days following receipt of the notice of withdrawal, net of the return shipping costs as stated in point 15.4.
15.6. The amount of the refund will be notified by e-mail and accredited using the payment method used by the Purchaser at the time of purchase; even if the Article is returned to a point of sale, Redelk will not pay any amounts in cash or retail vouchers. Any other purchases made by the User in the store must be paid for as a new transaction. In the event of returns, the accredited amounts will correspond to the price paid by the User (list prices, net of any discounts if the order was placed using any promotions, discount codes or during sales) in the methods indicated for each type of payment method used.
15.7. On receipt of the notification from the Purchaser exercising the right of with, the Parties to this contract shall be freed of all mutual obligations, without prejudice to the provisions of the previous points of this article.
16. REASONS FOR TERMINATION
16.1. The Purchaser’s obligations laid down in point 14, and the guarantee of payment made by the Purchaser in the methods laid down in article 9.3, as well as the precise fulfilment of the obligations undertaken by Redelk in article 13, are of an essential nature, therefore it is expressly agreed that the breach of even one of the said obligations, where not determined by unforeseeable circumstances or force majeure, shall lead to the termination of the contract by right, pursuant to art. 1456 of the Italian Civil Code, without the need for any court judgement. The termination will take effect 15 days following the receipt of the registered letter with advice of receipt or certified e-mail in which the breach is reported to the other party and if the reported obligation is not fulfilled in the same term.
17. INFORMATION NOTICE CONCERNING PRIVACY
17.2. The User may withdraw his consent at any time by sending an e-mail to [email protected]
18. CONTRACT ARCHIVING METHODS
18.1. Pursuant to art. 12 of D.Lgs. 125/2003, Redelk informs the Purchaser that all orders sent will be stored in digital form/hard copy on the server/at the offices of Stecol Flex s.r.l. and the hosting service in compliance with the confidentiality and security criteria.
19. CORRESPONDENCE AND COMPLAINTS
19.1. The Purchaser may ask for any information and/or send any notifications and/or submit complaints concerning the sales, purchase orders, products, payments, shipments, etc. Correspondence and any claims sent to Redelk will be deemed valid only where sent by e-mail to [email protected] Therefore the Purchaser shall indicate in the registration form the phone number or e-mail address where he wishes to receive correspondence from Redelk. In the event of a notice of withdrawal, refer to the provisions laid down in point 15.
20. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
20.1. Contracts concluded with Users of the Online Store and Redelk are governed by Italian law. Specifically, the provisions of articles 50 and following of the “Consumer Code” shall apply.
20.2. Any disputes concerning the application, performance, interpretation of these General Conditions of Sale shall be referred to the courts of the place of residence or elected domicile of the User.
20.3. In any case, without prejudice to the right of the Purchaser to commence legal proceedings, in the event of disputes between the Purchaser and Redelk, the parties may (pursuant to art. 141, paragraph 1 of the “Consumer Code”) seek to settle the dispute out of court using the on-line procedures for consumer dispute settlement. Redelk hereby guarantees, in the event of disservice or a dispute between Redelk and the Purchaser, its willingness to attempt any amicable settlement promoted by the Purchaser (pursuant to art. 141, paragraph 3 of the “Consumer Code”) before RisolviOnline, an independent institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, in order to reach a satisfactory agreement with the help of a neutral, competent conciliator in an amicable and safe manner. RisolviOnline aims to rapidly and economically settle any commercial disputes involving consumers and/or businesses, particularly referring to those resulting from the Internet and e-commerce. For more information or to send a request for reconciliation, Purchasers should visit risolvionline.com.
21. FINAL CLAUSES
21.1. This contract annuls and replaces all other written or verbal agreements, understandings, negotiations made previously between the Parties concerning the subject of this contract.
21.2. Redelk reserves the right to modify, suspend or terminate the sales on the Online Store. Redelk shall not in any way be held liable to the User or third parties for such modification, suspension or termination.
21.3. These General Conditions of Service and Sale may be updated. Users are invited to consult the published version and the date of updating. The GCS published and in force at the time of signature of the contract between the Parties shall in any case remain valid. Version of 20th April 2020.