These terms and conditions of sale (“Terms and Conditions of Sale”) govern the offer and sale of goods on this website a-cold-wall.com (the “Site”).
The goods bought on the Site (the “Products”) are sold directly by Diana E-Commerce Corporation SRL headquartered at Torreglia (PD) in Via San Daniele no. 137/139, 35038, Italy, listed on the Padua Companies Register at number PD442830, tax code and VAT no. 05097740285, share capital €500,000.00 fully paid in, Electronic Certified Mail: email@example.com (the “Vendor”) with the authorisation of Diana E-Commerce Corporation S.r.l. headquartered at Via San Daniele 137/139, Torreglia (PD), VAT no. 05097740285.
These Terms and Conditions of Sale must be read and accepted before a purchase order can be placed. Failure to accept these Terms and Conditions of Sale will make it impossible to make purchases on the Site.
The Terms and Conditions of Sale only govern the offer, placement and acceptance of orders to buy Products on the Site, between the Vendor and the Site Users.
On the Site, the Vendor offers the Products for sale and provides e-commerce activities only for its end customers who are over the age of 18 and who are “consumers”, namely individuals acting with purposes that do not relate to any commercial, business, trade or professional activity they may perform (the “Customer”).
The offer and sale of the Products relates only to those countries listed in the List of Countries on the relevant page of the Site, which can be reached via the home page.
The Vendor reserves the right to provide a maximum limit of Products, or types of Products, that can be purchased on the Site.
The Vendor reserves the right not to fulfil any orders from non-consumers and/or from persons under the age of 18, or from any country not included in the List of Countries, or any order that does not conform to its own commercial policy.
The Terms and Conditions of Sale do not govern the sale of goods or the provision of services by parties other than the Vendor, even if they are present on the Site through links, banners or other forms of connection. It is the Customer’s responsibility to check the conditions of sale before submitting an order or buying goods and services from parties other than the Vendor. The Vendor shall not therefore be held liable for the sale of any goods and/or the provision of any services by third parties and/or for the formation of agreements between the Customer and such third parties.
To buy one or more Products on the Site, the Customer must select the Products they wish to purchase and add them to their cart. After all the chosen Products have been selected the Customer must continue to the checkout on the Cart page, complete the online order form as instructed, and send it to the Vendor.
The languages available for the conclusion of the purchase order are those indicated, for each country, on the page relating to the shipping countries that can be reached through the home page of the Site.
Customers may buy Products either using their own personal account, if registered on the Site, or in guest mode. When buying in guest mode, they will have to provide their personal details to proceed with the order.
The order form contains a reference to the Terms and Conditions of Sale and a summary of the main characteristics of each Product, with the related prices (including all the applicable taxes or duties), the accepted forms of payment, and the mode of delivery of the Products, the shipping and delivery costs, the conditions for exercising the right of termination, and the conditions applicable to the return of purchased Products.
Before buying Products through submission of an order form, the Customer must carefully read the Terms and Conditions of Sale, which can also be printed, stored or copied for personal use. When sending the order form, the Customer must declare that they have understood and approved the contents of the form, and that they have also accepted the Terms and Conditions of Use and Sale for the Site. Otherwise, it will not be possible to complete the purchase order.
Before submitting the purchase order, the Customer may check the details of the order and identify or correct any data entry errors.
The submission of the order form by the Customer implies an obligation to pay the price stated on the order.
The presence of the Products on the Site should be understood as an invitation to offer by the Vendor. The submission of the purchase order by the Customer to the Vendor shall count as an offer to purchase the individual Products covered by the order.
Once the order form has been received, the Vendor shall send the Customer, by email, a receipt for the purchase order. This will contain a summary of the terms and conditions of sale, information about the key characteristics of the Products and full details of the price (including all the applicable taxes or duties), the means of payment, and the terms applicable to the right of termination and delivery costs. This e-mail is an automatic confirmation of receipt of the order and does not imply acceptance by the Vendor of the Customer's purchase order.
The Customer's purchase order is considered accepted by the Vendor with the latter's sending of the e-mail confirming that the ordered Products have been shipped.
The Vendor reserves the right not to accept purchase orders. This may occur, for example, in case of unavailability of Products or incomplete or incorrect orders, which do not give sufficient guarantees of solvency or which are contrary to the Vendor's commercial policy and/or the Terms and Conditions of Sale. In such cases, the Vendor shall, promptly and within 30 days of the date on which the order was sent to the Vendor, inform the Customer by email that the contract has not been concluded and that the Vendor has not fulfilled the purchase order. If the Customer has already submitted the order form and paid the price, the Vendor will refund the amount paid.
The order form will be stored in the Vendor’s database for the period of time necessary to fulfil the order, in accordance with the legal period. Once registered on the Site, the Customer may view the orders placed by accessing their personal account and browsing the relevant section of the Site. Customers purchasing goods as guest users can check the orders they have placed by contacting Customer Service, as indicated in paragraph 11 “Customer Service” below.
CHARACTERISTICS OF THE PRODUCTS
The only Products offered for sale on the Site are the original products from A-Cold-Wall* Limited with the authorisation of Tomorrow London Limited and the authorisation of the partner brands.
The main characteristics of the Products are displayed on the Site, on each Product page. The images and colours of the Products offered for sale may not correspond to the actual colours, due to the effect of the web browser and/or monitor.
Each Product is sold on the Site together with an identification tag which forms an integral part of the Product.
The prices of the Products indicated on the Site are stated in euros (€), pounds (£) and U.S. dollars ($) and already include all the applicable taxes and duties. The Product prices do not include the shipping and delivery costs. These will be clearly indicated when the Product purchase process begins.
The prices of the Products may be subject to change. The Customer must therefore check the final sale price before submitting the order form.
The means of payment can be found on the Payments and Security page on the Site. The means of payment are also indicated on each purchase order and form an integral part of the Terms and Conditions of Sale.
The price of the Products and delivery costs as indicated on the order form will be debited after the Customer submits the purchase order and before the Products are shipped by the Vendor.
If payment is made by credit card, the payment details (such as the debit/credit card number or date of expiry) will be sent using an encrypted protocol to the bank or payment services provider, without the possibility of any third party accessing such data. This information will never be used by the Vendor except to complete the purchase process for which it was provided, or to issue a refund if the Products are returned, if the customer exercises the right of cancellation, or if use of the data is necessary in order to prevent fraud or report to the police any fraud on the Site.
If the Product is delivered in an EU country, the Product will not be subject to any customs charges such as import tax and/or duty.
For deliveries to countries that are not within the EU, the Product may be subject to customs charges, such as import taxes and/or duty, which will be payable when the Product arrives in the country of delivery. Customs charges cannot be predicted in advance by the Vendor and in any case, are to be paid in full by the Customer.
For more information, please contact the customs authority in the country in which the Product is to be delivered.
DELIVERY OF THE PRODUCTS
The Product ordered on the Site will be delivered by express courier. The costs, terms and conditions for delivery of the Products are indicated on the “Delivery” page, and on each order form. They constitute an integral part of the Terms and Conditions of Sale.
Delivery times for the Products indicated on the Site are approximate and refer only to working days, with the express exclusion of non-working days.
The Customer must place the order directly from the page on the Site relating to the country to which the purchase Product will be shipped. The Site is able to automatically recognise the country from which the Customer is logging on, but the reference country can be changed using the List of Countries found on the relevant page of the Site.
Orders placed from a section of the Site relating to a country other than the destination country, or to an address that is not accepted by the Vendor’s courier (such as PO boxes or “Hold Mail” addresses), will not be accepted. For Italy only, the Site is not authorised to send deliveries to Livigno, Campione d’Italia, San Marino or the Vatican City.
Exercising the right to cancel
The Customer may cancel the contract with the Vendor free of charge, without giving a reason, within 14 days after the date on which they acquire physical possession of the Products bought on the Site.
To exercise the right of cancellation, the Customer may give notice of their decision using the cancellation form on the Site. To do this, the Customer must access the section of the Site relating to the order is placed, complete the cancellation form and send it electronically to the Vendor.
Alternatively, the Customer can send a written notice of the intention to cancel, providing their details (name, surname, address and email), the order date and the date of receipt, the order number and details of the Products purchased; for this purpose, the Customer may use the standard, non-obligatory cancellation form** referred to in Annex 1 of Legislative Decree no. 21 of 21 February 2014. If the Customer chooses this option, the notification of cancellation must be sent to the Vendor at the contacts indicated in the paragraph "Customer Service".
If the right of cancellation is exercised, the Product chosen may not be directly replaced with another; to buy a new Product, the Customer must place a new order, separate from the previous one.
The Customer is responsible for any impairment in the value of the Products resulting from any handling of the Products other than what was necessary to determine their nature, characteristics and functioning.
The Vendor may decide not to accept the cancellation if the Products are returned without the identification tag.
The right of cancellation may not be exercised in cases where:
Products have been made to measure or customised;
Products may deteriorate or perish rapidly;
Sealed Products may not be returned for hygiene and health reasons if they have been opened after delivery;
after delivery, the Products have been inseparably mixed with other goods;
the Products consist of sealed audio or video recordings or sealed computer software which has been opened after delivery.
Terms and conditions of product returns
The cancelled Products must be returned to the Vendor. The Customer must return the Products within 14 days from the date on which the Customer sent the cancellation form to the Vendor, to Diana E-Commerce Corporation SRL at Movimoda S.p.A., Via Vincenzo Mari, n° 5/7, 42047 Rolo (RE), ITALY, together with the withdrawal form available at a-cold-wall.com.
The Customer will pay the direct costs of returning the Products.
Where possible, the Products should be returned in the packs sent by the Vendor.
Terms and conditions of reimbursement
On receipt of the Products the Vendor will carry out necessary checks regarding their conformity to the terms and conditions of this Article 6.
If the checks are positive, the Vendor will send the Customer, by email, confirmation of acceptance of the returned Products and will then reimburse all the payments received from the Customer including the delivery costs. The Vendor is not required to reimburse any supplementary delivery charges, if the Customer expressly chose a delivery type other than the least expensive delivery rate offered.
Whatever form of payment is used by the Customer, the reimbursement will be completed as quickly as possible by the Vendor, after checking that the right of cancellation has been properly exercised, but in any case, within 14 days from the date on which the Vendor received the notification of cancellation. The Vendor may suspend the reimbursement until receipt of the Products or until the Customer can show that they have re-sent the Products, if earlier.
The Vendor will make the refund using the same means of payment used by the Customer for the initial purchase, unless expressly agreed otherwise with the Customer. If the recipient of the Products indicated on the order form does not correspond to the person who paid for them, the reimbursement will be completed by the Vendor to the person who made the payment, unless agreed otherwise.
If the terms and conditions for exercising the right of cancellation as specified in this Article 6 have not been respected, the Customer shall have no right to the reimbursement of any sums already paid to the Vendor; however, the Customer may, at their own expense, re-obtain the Products in the condition in which they were returned to the Vendor.
LEGAL WARRANTY OF CONFORMITY
In addition to the warranty for defects in the sold products, the Vendor shall provide a legal guarantee of conformity of the Product in accordance with Title III of Part IV of Legislative Decree number 206 of 6 September 2005 (the Consumer Code). The warranty provides that the Vendor is responsible for any defects in the products that appear within 2 (two) years from delivery.
Unless evidence is received to the contrary, it will be assumed that conformity defects arising within 6 (six) months from delivery of the product already existed on that date unless such a scenario is not compatible with the nature of the goods or with the nature of the different defect.
In order to utilise the conformity guarantee, the consumer must report any defects in the product within 2 (two) months from discovery, failing which the guarantee will be invalid. Any claims to enforce a conformity defect that was not fraudulently concealed by the Vendor will be time-limited, in any case, to 26 (twenty-six) months from delivery of the product.
In the event of a conformity defect that is reported within the 26-month period, the consumer may, at their discretion, ask the Vendor to repair or replace the goods, in both cases without incurring any expense, unless the requested remedy is objectively impossible or excessively onerous compared to the other option. The consumer may also request, at their discretion, an appropriate reduction in the price or termination of the contract if repair or replacement is impossible or excessively onerous, or if the Vendor has not repaired or replaced the goods within an appropriate period or if the previous replacement or repair has caused considerable inconvenience to the consumer.
In order to utilise the conformity guarantee, the receipt must be kept and produced. For more information about the legal guarantee of conformity for consumers, and to utilise the remedies available by law, in relation to products bought from the Vendor, consumers can contact Customer Service.
GOVERNING LAW AND RESOLUTION OF DISPUTES
These Terms and Conditions are governed by the laws of Italy and in particular by the provisions of Legislative Decree no. 206 of 6 September 2005 containing the “Consumer Code”, with specific reference to provisions regarding distance contracts and Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce.
In the event of any dispute between the Vendor and the Customer deriving from the Terms and Conditions of Sale, the Customer may access the European Commission’s online dispute resolution platform at https://webgate.ec.europa.eu/odr.
AMENDMENTS TO TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale may be amended by the Vendor at any time, including to reflect changes in the law. The new Terms and Conditions of Sale will be effective from the date of publication on the Site. Customers are therefore asked to visit the Site regularly and to read the latest version of the Terms and Conditions before making any purchase.
The Terms and Conditions of Sale applicable to each contract made by the Customer on the Site are those in force on the date on which the purchase order is sent.
For assistance with the Products, or for more information, suggestions, complaints and/or any other requests, the Customer may contact the Vendor’s customer service department at any time using the Contact form or using the following contact details:
by e-mail: firstname.lastname@example.org;
by post: Diana E-Commerce Corporation SRL, headquartered in Torreglia (PD) at Via San Daniele no. 137/139, 35038.