TERMS AND CONDITIONS
The sale of products listed in the virtual catalogues available from the website www.ellery.com is regulated by the following General Conditions of Sale. These Conditions have been drawn up in accordance with legislation governing contracts drawn up outside physical stores and, more specifically, in accordance with the provisions of Italian Legislative Decree no. 206 dated 6th September 2005 (the ‘Consumer Code’). Users of www.ellery.com accept and agree to respect all the conditions included in this declaration. If Users do not accept these terms, Twentyfourseven S.r.l. reserves the right to ask the Users to refrain from using the www.ellery.com web site. The access and the use of the web site www.ellery.com are for personal use only. www.ellery.com is owned by Twentyfourseven S.r.l.. At any time Twentyfourseven S.r.l. can modify the contents of this site, including the commercial terms expressed therein, without giving any notice. Twentyfourseven S.r.l. declines all liability regarding the possibility that, due to a particular configuration of the computer used by the customer or a malfunction, the colors of the products displayed on our site showing slight differences to the original ones. Sales agreements may be drawn up in any of the following languages: English.
The sales agreement is intended as drawn up between: Twentyfourseven S.r.l. with registered offices at Via Palermo, 10 20121 Milano, Italy, tax code, VAT no. and registration with Companies House 06027710968 – registered under the Chamber of Commerce Econ. & Admin. Index (REA) no. of MI – 1865560 – e-mail address: firstname.lastname@example.org Customer: the physical person or legal entity who has placed an order through the website www.ellery.com, which has been accepted by Twentyfourseven S.r.l. No other contractual conditions shall apply, even if not specifically refused by Twentyfourseven S.r.l..
APPLICATION OF THE GENERAL CONDITIONS OF SALE
Before making a purchase, the Customer is asked to read these General Conditions of Sale in full. The Customer is authorised to save them, copy them, download a copy of them and/or print them out. For any further information, the Customer may contact Twentyfourseven S.r.l. at the e-mail address email@example.com As part of the formalities established for placing a purchase order, the Customer declares having viewed the formalities and that he accepts the General Conditions of Sale in full. The General Conditions of Sale may be amended by Twentyfourseven S.r.l. as required. Any amendments shall take effect at the time of their publication on the website. The Conditions current as of the time of purchase shall apply to each relevant sales agreement.
GENERAL CONDITIONS OF SALE DESCRIPTION AND CHARACTERISTICS OF THE SERVICE FOR THE SALE OF THE PRODUCTS
The service for the sale of the Products operating on the website entails the registration, access to choices, choice of Products, on-line transmission of the purchase order and, where accepted, the on-line acceptance of the purchase order. Said service is therefore governed in accordance with Arts. 50 to 61 of the Consumer Code. – Registration: The service is operative regardless of registration. Registration is therefore optional. Should a Customer wish to register with the website, he shall do so by providing a username and password. Should a Customer not wish to register with the website, he can in any case make his purchase by merely providing the data necessary to order delivery and invoicing. Purchase and/or registration entails acceptance of the above-specified General Conditions that govern the Products supply contract. Purchase and/or registration also entails giving consent to the processing of one’s personal data. In the event of registration, the Customer must keep his password with utmost diligence. The Customer must undertake not to allow any third parties that he has not specifically authorized to do so to use the service. The Customer therefore accepts all liability for any such third party use and conduct on the internet. In the event of loss or theft of the Customer’s password, the Customer shall have the right to enable the new password issue procedure available from the website. – Purchase order: Each purchase order submitted to Twentyfourseven S.r.l. must clearly specify the Product code, its description, quantity and addressee name and address. The website order procedure gives the Customer the option of identifying and correcting any errors in data entry prior to sending the purchase order. Purchase orders sent by Customers constitute proposed contracts that are binding for the Customer in accordance with Art. 1326 of the Italian Civil Code.As confirmation of the receipt of order, Twentyfourseven S.r.l. shall send the Customer a summary e-mail to the e-mail address specified during registration. Said e-mail is for information only, in accordance with Article 13 of Italian Legislative Decree no. 70/2003. It does not therefore constitute acceptance by Twentyfourseven S.r.l. of said order. – Purchase order acceptance and conclusion of the sales agreement: Twentyfourseven S.r.l. reserves the right, at their own discretion, to accept or refuse purchase orders submitted by Customers. Without prejudice to the provisions of the following section, orders will be confirmed by a subsequent e-mail from Twentyfourseven S.r.l., who undertake to process the Customer’s order in a timely manner and in any case within 7 days as from the day following the date on which the Customer submitted the order. It is agreed that order processing is subject to effective Product availability. Should the Product be unavailable and/or in the event that Twentyfourseven S.r.l. should refuse the order, Twentyfourseven S.r.l. shall inform the Customer of such in a timely manner, and reimburse him any amounts paid. In this case, the Customer shall have no right to any further indemnity or compensation. No orders shall be accepted where submitted by parties who are not legally of age. – Archiving of the sales agreement: The sales agreement shall be archived in the specific section of the website (Sales Conditions). The Customer may access this at any time by following the viewing procedure provided by the website.
Products are shown in the on-line catalogue in as realistic a manner as possible. The images are provided for general information only and may not be absolutely identical to the actual Product. The Products shown in the on-line catalogue may be purchased while stocks last, without prejudice to the right of Twentyfourseven S.r.l. to cease availability of any Products at any time and/or alter their characteristics. Twentyfourseven S.r.l. also reserves the right to update the on-line catalogue at any stage, altering the range or number of Products available.
PRICES AND CURRENCY PRODUCT PRICES AND CURRENCY
The price of the Products is as resulting from the price list published on the website, current as of the time of order submission by the Customer. The prices of the Products published on the website are given in the currency chosen, inclusive or standard packing and/or packaging costs and VAT. VAT rates are calculated according to Product type (if applicable). Prices are exclusive of transport and delivery costs. All the above costs (delivery and or special packing/packaging) not included in the price of the Products published on the website, will be separately specified in the order summary and confirmed in the order acceptance e-mail sent to the Customer by Twentyfourseven S.r.l. Furthermore, for deliveries to be made to other countries, to Campione d’Italia, Livigno, the Channel Islands and the Canary Islands, the Product prices published on the website www.ellery.com are always intended exclusive of: any taxes and/or duties applicable to the sale. any customs taxes and/or duties. any further taxes and/or charges applicable to the delivery of the Products ordered. The Customer must pay all customs taxes and duties applicable in the country to which the Products ordered are delivered. Any and all additional charges and costs in relation to the release of the Products delivered from customs shall be at the exclusive expense of the delivery addressee. Published prices and final invoices are in Euro or in the Currency chosen by the customer. To help clients approximate the Euro values in their local currency, the web site has a currency converter feature. Final credit card and PayPal debited amounts may vary based on currency fluctuations and bank commissions. Twentyfourseven S.r.l. encourages clients to contact their home bank to receive the accurate price conversion and any bank commissions related to the transaction.
PAYMENT CREDIT CARD PAYMENT
RIGHT TO WITHDRAW
In accordance with the provisions of Art. 5 of Italian Law Decree no. 185/99, the Customer has the right to withdraw from the sales agreement within 10 working days of receipt of the goods purchased. In this case, the Customer must send Twentyfourseven S.r.l. a fax, or e- mail (the latter to firstname.lastname@example.org This notice of withdrawal must specify the purchase order number and the Product identification code. The Customer must return the Products purchased, intact and complete (including original packaging) to Twentyfourseven S.r.l. Please be advise that all the costs of shipment for returned and refunded items will be at total charge of the customer (in Italy is free). It is compulsory to use the Return Form. Solely for the purpose of calculating expiry of the stated terms of 10 (ten) working days, the Products are intended as returned at the time at which they are delivered to the courier or accepting post office. The right to withdraw may be exercised for all Products purchased. It may not be exercised only in relation to part of the goods ordered. – Return Terms and Conditions: The original Product Authenticity Tag with the original intact Security Cord must be attached to the item(s). Item(s) cannot be worn, washed or altered in any way. The returned item(s) must be in the same condition as sent, packaged in an orderly fashion, and have all original tags, extra buttons, dust bags, hangers, etc. Shoes and other accessories that were sent with original boxes must be returned in these boxes which cannot be used, damaged or altered in any way. In the case of defective or incorrect merchandise, clients must follow the instructions above. Twentyfourseven S.r.l. reserves the right to request photographic support regarding defective or incorrect merchandise before authorizing a return for full reimbursement of shipping and import fees. All authorized returned merchandise is subject to re-entry inspection at the sole discretion of Twentyfourseven S.r.l.. Based on the condition of the return and/or the non-compliance of the Return Policy a 10% restocking fee may be deducted from the final refund. Twentyfourseven S.r.l. reserves the right to refuse returns that are unauthorized and/or not sent with the same courier from the original shipment as specified in the return instructions. If an unauthorized return is accepted, Twentyfourseven S.r.l. will deduct a 10% administrative/re-stocking fee from the refund. Pick-ups for all authorized returns with Twentyfourseven S.r.l.’s courier account numbers must originate from the same country of the original shipment. Withdrawal is not permitted for customised Products and Products delivered abroad. In all cases where withdrawal is not lawfully and validly applied by the Customer, Twentyfourseven S.r.l. shall return the Product to the Customer, at the Customer’s own risk and expense. Should the Products returned by damaged during transport for return to Twentyfourseven S.r.l., the Customer shall be informed of all damages reported no later than the second working day as from the receipt of Products. This shall therefore allow the Customer in turn to inform the courier of this fact and claim his rights with regard the courier. At the same time, the Products damaged during transport shall be returned to the Customer at the Customer’s own risk and expense. Should withdrawal be exercised in accordance with the provisions of current legislation (Italian Legislative Decree no. 185/99), Twentyfourseven S.r.l. shall reimburse the amounts paid by the Customer. Reimbursement shall take place free of charge as quickly as possible and, in any case, within thirty days of the date on which Twentyfourseven S.r.l. became aware of the Customer’s having exercised his right to withdraw.
In accordance with Art. 13 of Italian Legislative Decree no. 193 of 2003 (Personal Data Protection Code), Twentyfourseven S.r.l. hereby informs the Customer that all data supplied by the Customer during registration with the website is processed for the purposes of supplying the services proposed by the website, the sale of the Products and the enabling of a computer-based service. Failure to provide the data required shall make it impossible to provide the above services. Twentyfourseven S.r.l. undertakes to collect personal data in accordance with current personal data protection legislation. Twentyfourseven S.r.l. specifies that, while the use of personal data is necessary to execute the required services, Users are assured that the use of such data will not be used for profiling research, but solely to facilitate site management and the execution of orders. Personal data, voluntarily provided by the User, will not be communicated nor sold to a third party. The use of personal data by Twentyfourseven S.r.l. inside this web site will be executed with paper and electronic supports, according to the safety laws in force, for purposes which will be specified each time. Twentyfourseven S.r.l. informs its Users are protected by Article 7 of the Italian Law n. 196/2003. Users can reserve the right to request the following information from Twentyfourseven S.r.l.: the confirmation of the existence of personal data relative to the User; the clear communication of the data together with their source; the motives and the finality of their use The request for the above information can be renewed with an interval of ninety days, except for the existence of justified motivations; the cancellation, the modification in anonymous format of all of the data in case of violation of laws, together with the data which is not used for the aims for which they were collected. Rights to access personal data and other rights: The Customer shall have the right to obtain confirmation as to whether or not personal data concerning him/her exists, regardless of whether or not it has been recorded, and to communication of such data in intelligible form. The Customer shall have the right to be informed: of the source of the personal data; of the purposes and methods of the processing; of the logic applied to the processing, if carried out with the help of electronic means; of the identification data concerning the Data Controller, Data Processors and the representative designated in accordance with subsection 2 of Art. 5 of the Personal Data Protection Code; of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative in the State’s territory, data processors or persons in charge of the processing. The Customer shall have the right to obtain: updating, rectification or, where interested therein, integration of the data; erasure, anonymisation or blocking of the data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it has been collected or subsequently processed; certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data was communicated or disclosed, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
In accordance with Arts. 128 to 135 of the Consumer Code, Twentyfourseven S.r.l. guarantees that the Products purchased on-line are free from flaws and comply with the sales agreement. The Products Warranty is supplied by the manufacturer in accordance with applicable law. Any Product flaws or non-conformities must be notified by the Customer in a timely manner and, in any case, within the terms of law, by means of registered mail with advice of receipt sent to Twentyfourseven S.r.l. Via Palermo 10, 20121 Milano, Italy. Failure to do so shall mean that Products are intended as accepted at the time of delivery. The above warranty granted by Twentyfourseven S.r.l. shall be forfeited where: the Product flaw derives from lack or care or improper use or accidental event; the Product flaw derives from normal wear, oxidisation or atmospheric agents; time of drawing up the sales agreement, the Customer was aware of the Product flaw or could not have ignored it with ordinary due diligence; the Product has been dismantled, tampered with, altered and/or repaired.
In addition to the legal warranty pursuant to Art. 8.1, some Products may also be supplied with a commercial manufacturer’s warranty. Said additional warranty, where applicable, shall be contained within the Product packing and apply for the duration and according to the terms and conditions established on the relevant warranty certificate.
LIABILITY DERIVING FROM THE PRODUCT
In accordance with Arts. 114 to 127 of the Consumer Code, as seller, Twentyfourseven S.r.l. is liable for any damages caused by the Products. This is without prejudice to the fact that as seller, Twentyfourseven S.r.l. may be released from liability by specifying the manufacturer’s name.
Twentyfourseven S.r.l. manages the web site www.ellery.com and its contents. This includes, but is not limited to, the documentation, images, characters, design, music, software, codes and format scripts. The material included in the web site is protected by copyright. Reproduction, modification, transmission, re-publication and/or re-distribution to third parties for commercial purposes are strictly prohibited without the express written consent from Twentyfourseven S.r.l.. Twentyfourseven S.r.l. does not allow the use of the web site’s contents or the trademark for any other purpose than what is written above.
The size conversion below will help you establish your ideal size in ELLERY garments and accessories. Please note this is an approximate conversion guide. For further information or advice, please contact customer care.