Terms of service
1. Scope of application. Definitions
1.2 The term "Customer" means the natural person who purchases, via electronic means, Elleti products through the Site www.elleticollection.it or by contacting the number 0686924749 in the WhatsApp chat.
1.3 The term "Seller" means the person who sells the goods through the website www.elleticollection.it or by calling the number 0686924749.
1.4 The term "Contract" means any agreement between Elleti and a Customer regarding the purchase by the latter of one or more products.
2. General Contract Conditions
2.1 Any Contract relating to the purchase of Products stipulated will be stipulated exclusively in Italian.
2.2 The presentation of the Products on the Site constitutes an invitation to the users of the Site to formulate a purchase proposal towards Elleti. Such invitations to offer are not binding for Elleti and, in particular, do not constitute offers to the public pursuant to and for the purposes of art. 1336 of the Italian Civil Code, with any decision regarding the acceptance of any proposals formulated remaining at the full discretion of Elleti.
2.3 Elleti reserves the right not to accept and/or cancel the Order even after the Order Confirmation without the Customer being able to advance any rights or claims against it for any reason.
2.4 By using this website and/or placing orders through it, the Customer agrees to:
2.4.1 use the website only to make legally valid consultations or orders;
2.4.2 not to place false or fraudulent orders. If Elleti has reasonable grounds to believe that an Order of this nature has been placed, it will be authorised to cancel it and inform the competent authorities;
2.4.3 to provide your email address, postal address and/or other contact details truthfully and correctly. Likewise, the Customer agrees to our use of this information to contact you. If you do not provide all the information that Elleti will need, it will not be possible to proceed with your Order.
2.4.4 By placing an Order through this website, the Customer guarantees that he or she is of legal age (18 years and older) and has the legal capacity to enter into binding contracts.
3. Conclusion of the contract via the internet
3.1 By clicking on the “Add to cart” button, the Customer will start the procedure for submitting the Order. In the Order formulation phase and up until its actual forwarding, the Customer will, in any case, have the possibility to review the data entered, so as to identify and correct any incorrect information.
3.2 By clicking on the “Pay now” button, at the end of the procedure started pursuant to the previous one, the Customer will forward the Order to Elleti. Each Order forwarded according to these methods must be considered, for all purposes, as a contractual proposal by the Customer. The forwarding of the Order by the Customer will be promptly followed by confirmation from Elleti regarding the receipt of the Order itself, by sending an e-mail to the e-mail account communicated by the Customer. By sending this e-mail, Elleti will also communicate to the Customer whether the Order can be accepted or not (the Order Confirmation).
3.3 Elleti will have the right to accept or not the Orders received without, in the event of non-acceptance, the Customer being able to advance rights or claims against Elleti for any reason, even after the sending of the Order Confirmation. The Order will be considered, in any case, accepted and consequently the Contract concluded at the moment in which the Customer receives, on his/her email address, the Confirmation of shipment.
3.4 Conclusion of the contract via Customer Service
3.4.1. The Customer may also purchase the Products by contacting Customer Service at 0686924749 in the WhatsApp chat.
3.4.2. The Customer may proceed with the forwarding of an Order by contacting Customer Service at the number indicated above, communicating all the data necessary for its completion (name, surname, e-mail address, billing address and shipping address, if different from the billing address) or proceed with the purchase through the link provided by Customer Service which will redirect the Customer to the Site where he/she can make the payment and enter all the data necessary for shipping.
3.4.3. The Order will be considered forwarded at the end of the telephone communication and must be understood, also in this case, as a contractual proposal pursuant to and for the purposes of art. 1326 of the Italian Civil Code. The forwarding of the Order by the Customer will be followed by confirmation by Elleti via the Order Confirmation Email of the receipt of the Order and its acceptance.
3.4.4. The Contract will be considered, in any case, concluded when the Customer receives, on his/her email address, the Confirmation Email of shipment.
4. Orders
4.1 Elleti processes Orders from Monday to Friday.
4.2 In the event of an inventory error, and the product(s) ordered by the Customer are not available for shipment, Elleti will promptly contact the Customer who can choose whether to change the product with another item or variant, or receive a full refund. (Product price and shipping costs).
5. Prices
5.1 The prices of each product are indicated on the Site and include VAT.
5.2 Elleti reserves the right to modify and/or remove the products and/or their price at any time and without notice. Price changes will not be effective for Customers who have already placed an Order with the previous amount.
5.3 In the event of an incorrect price, Elleti will inform the Customer as soon as possible, who will have the option to confirm his/her order with the correct amount or, in the event of no response from the Customer, the order will be cancelled and the refund will be initiated. Elleti will have no obligation to send the Customer the product(s) purchased with the incorrect price, even if the Customer has received the automatic Order Confirmation from the Site.
6. Discount codes and promotions
6.1 Discount codes cannot be combined with other ongoing promotions and it is not possible to apply a discount code after the Order has been completed. Elleti reserves the right to cancel and/or block the Order even after the automatic communication of the Order Confirmation from the site, if inconsistencies are found in the application of the discount code or violations of the conditions of use of the code itself.
In this case, the Customer will receive an email informing him/her about the status of his/her Order, with the wording “Order cancelled” and/or “Order blocked”. Pending a response from the Customer, Elleti assumes no responsibility for the subsequent availability of the product.
In the event of failure to respond within 5 working days from the Customer, the Order will be automatically cancelled and the refund procedure will be started for any amounts already paid.
7. Free Products
7.1 Free products are available in certain circumstances, such as for Orders exceeding a certain amount or following registration to the Elleti newsletter.
7.2 Free items may be offered in limited quantities and are subject to availability.
7.3 To obtain the free products, the Customer is invited to follow and respect the instructions provided during the checkout process or on the pages dedicated to promotions on the Site or on the official social channels of Elleti. Otherwise, the gift will not be included in the Order.
7.4 Each offer of free products has an expiration date or a specific validity. It is recommended to respect the period indicated to benefit from the gift. In order for the gift to be added to the Order, the Order must be completed before the expiration date. Orders placed after this date will not be eligible to receive the gift product.
7.5 Elleti reserves the right to make changes to the eligibility conditions, available quantity or validity dates of the offers of the gift products.
7.6 Elleti reserves the right to cancel or modify the offer of the gift products in case of abuse or violation of company policies.
8. Delivery
8.1 Elleti undertakes to entrust the Orders to the Courier in the shortest possible time, 1-3 working days. The delivery time in Italy is on average 1-3 working days from receipt of the Order, however delays may occur due to unforeseen circumstances, the delivery area (such as remote areas) or for the customization of the products. In the event of a delay, Elleti will inform the Customer by scheduling a new delivery date. The terms of preparation, shipping and delivery, although indicated, are not binding and must be interpreted as an approximate estimate, without constituting a binding commitment by Elleti.
8.2 Once the Order has been entrusted to the Courier, Elleti cannot be held responsible for any delays, losses or damages that occur during transport. However, in the event of problems, Elleti undertakes to actively collaborate with the Customer and the Courier to identify the best solution and ensure, where applicable, the protection of the Customer's rights pursuant to art. 63 of the Consumer Code.
In particular:
- If the product is lost or damaged during transport, Elleti will support the Customer in submitting complaints to the Courier and in obtaining any refunds or compensation, if provided for by the applicable legislation or the Courier's transport conditions.
- Elleti may, at its discretion and without assuming additional obligations, propose alternative solutions, such as replacing the product or issuing a voucher.
8.3 In the event that the Customer refuses, in whole or in part, the goods, the latter is required to pay Elleti 100% of the contractual value of the product, without prejudice to Elleti's right to request compensation for damages.
9. Withdrawal Read our Information on the right of withdrawal.
9.1 The right of withdrawal does not apply to:
- customized goods;
- sealed items that are not suitable for return for reasons of hygiene or health, such as swimsuits and/or underwear, if opened or worn.
9.2 The right of withdrawal applies exclusively to products that are not damaged, not tampered with, not worn and returned in the same conditions in which they were received by the Customer, including the original packaging.
9.3 The direct costs of returning the goods are always borne by the Customer.
10. Customized Products
In accordance with art. 59 of the Consumer Code, customized items are excluded from the right of withdrawal and therefore cannot be returned.
Due to technical reasons or other reasons beyond our control, the colors, textures, engraved/painted letters and actual dimensions may vary from what is shown on the screen. It is important to note that small irregularities on the leather and letters should not be considered defects, but are evidence of the genuine craftsmanship of our work.
These unique characteristics may include slight variations in color, small imperfections or slight differences in the letters, which are the natural result of the handmade production process.
Likewise, since these are customized products, it will not be possible to make returns or exchanges. The Customer guarantees that he or she is authorized to use the texts and other elements that are part of the customization of the products. Although Elleti reserves the right to deny customization or cancel Orders of customized products for failure to comply with these conditions, the Customer will be solely responsible for the requested customization. Elleti may refuse customization or cancel Orders of customized products if such customization consists of or includes inappropriate elements, third-party property or in any other way illegal.
Elleti does not assume responsibility or obligation to verify the texts or other elements that are part of the customization created by users of this service. Elleti does not guarantee the legitimacy of such texts or other elements and, consequently, does not assume responsibility for any damage that may be caused by users and/or third parties - whether private individuals or public or private entities.
11. Customization Preview
The preview shown during the customization process is an indicative and non-binding representation. To ensure the quality of the final product, we reserve the right to make changes to the size, positioning and graphic rendering of the customized elements, especially if requests that are too detailed or small in size compromise the durability and aesthetics of the product.
We are committed to maintaining the spirit of the requested customization, but we are not responsible for any differences compared to the preview. The goal is to ensure a final result that meets our high quality standards.
12. Defective Products
The Customer must immediately report any defects or non-conformities present at the time of delivery by sending an email to info@elleticollection.it with the details and photos of the product. Elleti will be responsible only for damages or defects present at delivery and not for those that appear after use of the product or resulting from improper use.
The items must be returned within 14 days of notification and will be examined to verify compliance. In the event of defects being ascertained, Elleti will provide a replacement or refund (partial or total), based on the type of defect and the circumstances of the case.
Items that are used, altered or no longer in their original condition are excluded from replacement or refund.
Read the entire information on the right of withdrawal.
13. Resolution of Orders forwarded incorrectly
In the event of an error in forwarding an Order and/or selecting the quantity of the Product, no refund will be made. However, to ensure an adequate solution, a voucher will be issued for an amount equivalent to the value of the incorrect whole/partial Order, which can be used in a single solution for Orders equal to or greater than that amount. Please note that this policy is valid exclusively for Orders that have not yet been processed, customized and/or shipped. In such cases, it will not be possible to issue any refund or similar. The responsibility for what is transmitted at the time of purchase lies with the Customer, who is invited to report the error forwarded to Elleti as soon as possible, which will inform him/her of the status of the Order and how it will be possible to proceed as reported above.
14. Responsibility and exemption from liability
Unless otherwise provided in these Conditions, our liability regarding the products purchased on our website will be limited exclusively to the purchase price of the product in question.
Without prejudice to the foregoing, our liability is not excluded or limited in the following cases:
1. For death or personal injury resulting from our negligence;
2. For fraud or fraudulent activity; or
3. Any circumstances in which it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.
Without prejudice to the preceding paragraph and to the extent permitted by applicable law, and except where otherwise provided in these Terms, we will not accept liability for indirect damages, such as:
- loss of profits;
- loss of business volume;
- loss of profits or loss of contracts;
- loss of anticipated savings;
- loss of data; as well as wasted office administration time.
Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, Elleti does not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise.
15. Force Majeure
Elleti shall not be liable for any failure or delay in performing any of its obligations under the Contract caused by events that are beyond its reasonable control ("Force Majeure Events").
Force Majeure Events means any act, event, non-occurrence, omission or accident beyond its reasonable control; this expression includes but is not limited to the following:
1. Strikes, lock-outs or other industrial action.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not), or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Impossibility of using railways, shipping, air transport, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or accident involving shipping, postal services or other significant means of transport.
It is understood that the performance of the obligations under the Contract will be suspended for the duration of the Force Majeure Events. Elleti will be granted an extension for the performance of the Contract equal to the duration of such period. It is understood that, even during the Force Majeure Events, Elleti will endeavor to find a solution by which to comply with its contractual obligations.
16. Links from the Elleti Website
If the Website www.elleticollection.it contains links to other pages or third-party materials, such links will be provided for information purposes only, without control by Elleti over the content or materials contained in such pages or sites. Therefore, Elleti declines all liability in the event of any damage or loss arising from their use.
17. Written communications
Applicable legislation requires that part of the information or communications that we send to the Customer have written form. By using this website, the Customer accepts that most of the communications exchanged with Elleti are in electronic format. Elleti will contact the Customer via email, or by providing information by placing specific notices on this website. For contractual purposes, the Customer consents to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that will be provided electronically will comply with the legal requirement that such communications be in written form. This provision does not limit in any way the rights recognized by the current legislation.
18. Partial nullity
If any article of the General Conditions, or part thereof, or any of the provisions of the Contract, should be deemed invalid, illicit or inapplicable by the competent authority, such article, clause or provision will be considered as not included while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
19. Right to modify these Conditions
Elleti reserves the right to review and modify these Conditions at any time.
The Customer will be subject to the General Conditions in force at the time of the Order, unless a modification of the General Conditions or the Data Protection Policies must be made pursuant to law or at the request of a government authority (in which case it will also apply to Orders already transmitted).
20. Applicable law and jurisdiction
The use of the Website www.elleticollection.it and the purchase contracts of products through this Website are governed by Italian law.
For any dispute arising from or relating to the use of the Website or such contracts, the Judge of the place of residence or domicile of the Seller will have jurisdiction.
If you are entering into the Contract as a consumer, this clause does not in any way affect the rights that the law recognizes to you as a consumer.
21. Competent Court
Any dispute relating to the validity, interpretation or execution of contracts stipulated online through the Site will be under the exclusive jurisdiction of the Court of Velletri (RM). The parties expressly accept the jurisdiction of this court, waiving any exception in this regard.
22. Acceptance of the Terms and Conditions of Sale
Before proceeding with the forwarding of any Order, the Customer is invited to read these Terms and Conditions of Sale with the utmost attention. By placing an Order, the Customer declares to have read, understood and fully accepted the Terms and Conditions of Sale.