Terms and conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

ART. 1 PREMISES

These general terms and conditions of sale apply to all purchases of products that will be made through the e-commerce website australian-brand.com (hereinafter the "Website") by users classified as "consumers" pursuant to Article 2, namely a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

The website is owned by L'Alpina, an Italian company with registered office at Via Michelangelo Buonarroti 45, 20064, Gorgonzola, Milan (ITALY), VAT number and business register registration number 00847360153 (the "Owner").

Purchases of Products made through the Website will have as parties (collectively referred to as the "Parties") L'Alpina, as seller (the "Seller"), and the purchasing consumer who proceeds with the purchase of one or more products for purposes, therefore, not referable to their own commercial, entrepreneurial, craft or professional activity.

L'Alpina remains the holder of all rights to the website domain name, as well as of the copyright in relation to the Website and its contents.

Any communication from the Consumer relating to the purchase of the Products — including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. — must be sent to the address and according to the methods indicated on the Website or through the addresses specified in the articles relating to the individual consumer rights set out in these conditions.

Each purchase is subject to these general terms and conditions of sale in the version that will be published on the Website at the time the order is transmitted by the consumer.

The website is intended for the exclusive use of consumers. Persons who cannot be classified as such may under no circumstances purchase products on the Website. The seller of the sales shall have the right to refuse orders that, at its sole discretion, it considers to have been placed by persons not classified as consumers.

If one or more sales are nevertheless made to a non-qualified Consumer, these general terms and conditions of sale shall apply, but by way of derogation from them:

  1. a) the purchaser shall not have the right of withdrawal pursuant to Article 10;
  2. b) the purchaser shall not have the right to warranties on the products listed in Article 8 or any other legal warranty;
  3. c) the purchaser shall not be granted any other warranties in favour of the consumer provided for by law.

ART. 2 DEFINITIONS 

Electronic commerce contract: sales or service contract under which the Seller, or its intermediary, offers goods or services through a website, or other electronic means, and the Purchaser (consumer) orders such goods or services on that website, or through other electronic means organized by the Seller.

Sales contract: any contract under which the Seller transfers, or undertakes to transfer, ownership of goods to the Purchaser and the latter pays, or undertakes to pay, the price thereof.

Service contract: any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Purchaser and the latter pays, or undertakes to pay, the price thereof.

Consumer Code: reference legislation protecting the consumer, laid down by Legislative Decree no. 206 of 6 September 2005, as most recently amended (hereinafter, for brevity, the "Consumer Code").

Purchaser: the term Purchaser means the consumer, or user, a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (art. 3, letter a, Consumer Code).

Seller: the term Seller means the natural or legal person who acts in the exercise of their own entrepreneurial, commercial, craft or professional activity, or their intermediary (art. 3, letter c, Consumer Code).

Producer: producer is the manufacturer of the finished good or of one of its components (art. 115, paragraph 2-bis, Consumer Code).

Conformity with the Contract: all those goods are Conforming with the Contract in respect of which the following circumstances coexist, where relevant: i) they are suitable for the use for which goods of the same type are normally used; ii) they conform to the description given and possess the qualities of the good presented as a sample or model; iii) they show the usual qualities and performance of a good of the same type, which the Purchaser may reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, the producer or their agent or representative, in particular in advertising or on labelling; iv) they are also suitable for the particular use desired by the Purchaser and made known by the latter to the Seller at the time of conclusion of the Contract and which the Seller itself has accepted also by conclusive conduct (art. 129, paragraph 2, Consumer Code).

Defective good: a good is defective when it does not offer the safety that may legitimately be expected taking into account all the circumstances, including: a) the manner in which the good was put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided; b) the use for which the good may reasonably be intended and the behaviours which, in relation to it, may reasonably be expected; c) the time when the good was put into circulation. A good may not be considered defective solely because a further improvement thereof has been placed on the market at any time.

  1. SALE OF GOODS PROMOTED ONLINE

3.1 By the Contract, the Seller sells to the Purchaser, who purchases, by telematic means, the goods offered on the Website.

3.2 The Website australian-brand.com presents the catalogue of goods and/or services promoted online by the Seller. Such goods are represented on the Website accurately.

3.3 The Seller is not able to guarantee a punctual and exact correspondence between the actual consistency of the goods promoted online and the related representation on the Purchaser's monitor. In the event of discrepancies between the image of the goods visible online and the related information sheet, drawn up in writing, only the latter shall prevail.

  1. UPDATE OF THE ONLINE CATALOGUE - AVAILABILITY OF GOODS

4.1 The Seller ensures, through its own computer system, the processing and fulfilment of the order without delay, according to the procedures referred to in Art. 5 of these General terms and conditions of online sale. The Seller's electronic catalogue indicates in real time the available and unavailable goods, as well as the expected times for their shipment. The Seller confirms as soon as possible the successful registration of the order, forwarding to the Purchaser the specific confirmation (so-called Order Receipt) by e-mail.

4.2 If an order should exceed warehouse availability, or for other reasons should not be available, it is the Seller's responsibility to promptly notify the Purchaser of the unavailability of the good in question and, if possible, the waiting times to obtain it, requesting confirmation of the order again according to the different timeframes indicated by the Seller. Such communication will take place by e-mail, or by telephone.

  1. DESCRIPTION OF THE TECHNICAL STEPS NECESSARY TO CONCLUDE THE CONTRACT

5.1 The Contract between Seller and Purchaser shall be concluded exclusively online. Having accessed the e-Shop, the Purchaser must follow the procedures/instructions indicated therein to formalize the purchase of the goods and/or services by filling in the forms prepared by the Seller. If intending to purchase online, the Purchaser must duly select the desired goods and/or services, one at a time, placing them in the shopping cart configured by the Seller. Once the desired goods and/or services have been selected, the Purchaser will be asked to close their cart by forwarding to the Seller the list of desired references. Before forwarding, a form will be displayed to confirm the purchase order of the selected goods and/or services, indicating the related prices, as well as the options left to the Purchaser, who will be responsible for identifying the methods of delivery, transport and payment for the execution of the contract. Through order confirmation, the Purchaser undertakes to check and validate, before the related sending, their personal data, the goods/services subject of the Contract, their prices, with any shipping costs and/or ancillary charges, confirming the chosen payment methods and terms, the delivery address, as well as any other required data. The order confirmation form instructs the Purchaser in advance regarding the execution times of the Contract, drawing attention to the right of withdrawal, as well as to the other rights reserved by law to the Purchaser. Once the requested checks have been carried out, it will finally be for the Purchaser to select the interactive button — present at the bottom of the web page — by clicking on the box "Confirm the purchase order with obligation to pay", thus forwarding the order to the Seller.

5.2 The online publication of the goods and/or services through the Website constitutes a mere invitation to offer so that the Purchaser may formulate their own purchase proposal; in this sense the Purchaser's order, previously confirmed by the same, constitutes exclusively a contractual proposal, subject to these General terms and conditions of online sale, which the Purchaser declares to know and accept. The order confirmation — duly completed and verified according to the instructions — will be acknowledged by the Seller with a receipt to the Purchaser's e-mail address for the sole purpose of confirming its receipt in the Seller's computer system, which will thus begin to process the order, verifying the data provided by the Purchaser, as well as the availability of what has been requested. The Seller's receipt does not constitute acceptance of the purchase proposal. Such receipt — with attached "Order Number" to be used in any communication with the Seller — restates, in addition to the information due by law, all the data referred to above, which the Purchaser will verify again, promptly communicating to the Seller any necessary correction. If the incorrect indication of prices, or of other characteristics of the goods and/or services promoted online, as well as the unavailability of the requested goods, should be found, the Seller will promptly notify the Purchaser inviting them to carry out — if still interested — rectification of the order, or, following cancellation of the previous one, a new order, according to the methods that will be promptly communicated.

5.3 The Seller has the right to accept, or not, the order sent by the Purchaser, without the latter being able to assert rights and/or claims of any kind, on any grounds, including compensation, for the failure to accept the order itself. The Contract shall be concluded only when a separate e-mail (or message in the communications centre on the Website or equivalent) accepting the purchase proposal is forwarded, which will also contain the information relating to shipment and the expected delivery date (Shipping Confirmation). If the order were fulfilled with different shipments, the Purchaser may receive separate and distinct Shipping Confirmations. The Purchaser may, in any case, cancel their order before having received the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case no cost will be charged. The right of withdrawal within the terms and under the conditions set out in the following Art. 10 remains in any case unaffected.

5.4 The charging of the amount due will take place only when the goods subject of the order are shipped. Once payment for the requested goods/services has been received, the Seller will proceed to issue the related tax document.

5.5 The Contract shall not be concluded, remaining without any effect, if the procedure referred to in this article is not duly complied with.

5.6 For any error, typo or problem in filling in the online forms and, more generally, in the execution of the purchase procedures prepared by the Seller, the Purchaser is invited to contact, without delay, the following contact details: telephone 02 55187361, e-mail sales@australian.it.

  1. PAYMENT OF THE PRICE, TAXES AND ANY ANCILLARY CHARGES

6.1 The Purchaser undertakes to pay the price requested for the goods purchased online, according to the times and methods indicated on the Website.

6.2 The prices of the goods promoted through the Website, as well as any other charge/expense inherent in the invitation to offer, are expressed in Euro.

6.3 Prices include VAT and any other tax. Shipping costs, although not included in the sale price, will be indicated and calculated by the Seller in the purchase procedure, before the order confirmation is sent and duly specified in the summary of the order itself (order receipt). Any ancillary charges, such as customs clearance, if present, shall be borne by the Purchaser and managed directly at customs.

  1. METHODS, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS

7.1 Payment for the goods/services purchased online shall take place according to the method chosen by the Purchaser, among those expressly admitted by the Seller and duly specified in the section of the Website australian-brand.com. The use of the aforementioned payment methods does not entail any additional charge for the Purchaser, without prejudice to any costs borne by the Seller, duly proven and communicated to the Purchaser.

7.2 Any refund to the Purchaser will be credited by one of the methods proposed by the Seller and chosen by the Purchaser, and, in the event of their withdrawal, within a maximum of 14 days (fourteen days) from when the Seller has received the returned goods at the destination address. The Seller may, however, postpone the refund until receipt of the good, or, in any case, until the Purchaser has provided adequate proof of having sent it back.

7.3 All communications relating to payments take place on a dedicated encrypted line, which guarantees the storage of such information with a high level of security and in compliance with the current legislation on the protection of personal data.

  1. DELIVERY METHODS AND TIMES

8.1 The Seller shall deliver the ordered goods, without unjustified delay, at the latest within 30 days (thirty days) from the date of conclusion of the Contract, by the methods indicated on the website, or, alternatively, chosen by the Purchaser.

8.2 If the Seller is not able to carry out the shipment within the term referred to in the preceding paragraph, it will promptly notify the Purchaser by e-mail, or by telephone, at the contact details provided during online registration and forwarding of the order by the Purchaser.

  1. METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS

9.1 Pursuant to art. 12 Legislative Decree 70/2003, as well as arts. 50-51 Consumer Code, the Purchaser is informed that each order sent online by them will be stored and archived in digital and/or paper format at the Seller, according to adequate confidentiality and security criteria. For any copies or other requests in this regard, the Purchaser is invited to contact the Seller at the following address: sales@australian.it.

  1. TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL

10.1 The Purchaser has the right to withdraw from the Contract, without penalty and without specifying the reason, within the term of 14 days (fourteen days) calendar, starting from the day on which the Purchaser has acquired physical possession of the good.

10.2 The right of withdrawal is exercised by communication to the Seller by Registered Letter with Return Receipt, to the address Via Michelangelo Buonarroti 45, 20064, Gorgonzola, Milan (ITALY), or by e-mail to the address sales@australian.it or, finally, via Certified Electronic Mail (PEC) to the following contact: info@pec.australian.it.

10.3 The return of the good by the Purchaser must take place, without delay and, in any case, within 14 days (fourteen days) from the date of sending of the withdrawal communication to the Seller. The direct costs of returning the good to the Seller are due by the Purchaser. The adoption of every possible precaution in carrying out the shipment is required, using the original wrappings and packaging of the good, or in any case equivalent ones, which preserve its integrity and protect it adequately during transport. The return of the good following the exercise of the right of withdrawal must be made to the following address: Via Michelangelo Buonarroti 45, 20064, Gorgonzola, Milan (ITALY).

10.4 The Seller shall refund the price of the good for which reconsideration has been exercised within 14 days (fourteen days) from receipt of the returned goods at the destination address shipped by the Purchaser. Generally, the Seller will use the same payment method chosen by the Purchaser for the initial transaction, unless the Purchaser themself has arranged otherwise; in such case any additional cost arising from the different payment method chosen shall be borne exclusively by the Purchaser. The Seller shall be entitled to withhold the refund until receipt of the good, or until the Purchaser has provided proof of having returned it.

10.5 Returned products must be returned unused and intact, in their original packaging complete in all its parts (including packaging and documentation and accessory equipment).

10.6 Once the Seller has received the communication by which the Purchaser expresses their wish to exercise the right of withdrawal, any constraint connected to the Contract shall cease, without prejudice to what is provided in this Article.

10.7 In compliance with art. 59 letter "e" of Legislative Decree 21 of 21/02/2014, the exercise of the right of withdrawal may not be exercised for goods that are not suitable for return for hygienic reasons or reasons connected to health protection. Returns of items intended to come into contact with intimate parts of the person (e.g. briefs, bodysuits, swimsuits, monokinis, etc.) may therefore under no circumstances be accepted.

  1. WARRANTY OF CONFORMITY, REPORT AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES

11.1 The Purchaser is guaranteed the Conformity of the goods with the Contract within the two-year term (2 years) from their delivery. Unless proven otherwise, any conformity defects that appear within 6 months (six months) from the date of delivery of the good are presumed to have already existed on that date, unless this is incompatible with the nature of the good or with the conformity defect in question.

11.2 In the absence of Conformity of the goods with the Contract, the Purchaser may request, alternatively and free of charge, the repair or replacement of the purchased good, or a price reduction, or termination of the Contract, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, Consumer Code. If repair and replacement are impossible or excessively burdensome, or the Seller has not repaired or replaced the good within the agreed terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the latter may request, at their choice, a price reduction or termination of the Contract.

11.3 The Purchaser forfeits any right connected to the Conformity of the goods with the Contract if they do not report the alleged conformity defect to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly acknowledged the defect or has knowingly concealed it. In any case, the report must specify the non-conformity found, as well as at least one photograph of the good in question, all accompanied by the Seller's fiscal receipt proving the purchase.

11.4 The Purchaser must send the report, and related requests, alternatively to one of the following contact details: i) Via Michelangelo Buonarroti 45, 20064, Gorgonzola, Milan (ITALY), for communications by Registered Letter with Return Receipt; ii) or through PEC, to the following certified mailbox info@pec.australian.it, or through ordinary e-mail to the address sales@australian.it. Once the report/request and related documentation have been received, the Seller will evaluate the non-conformity reported by the Purchaser and, after having carried out the necessary checks, will authorize, or not, the return of the good by providing the Purchaser with a "Return Code", sent by e-mail to the address provided during transmission of the order. The authorization to return the good does not in any case constitute acknowledgement of the non-conformity. The good — whose return the Seller has authorized — must be returned to the expressly indicated address, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions referred to in Art. 10.3.

11.5 If the Seller is required to refund, in whole or in part, to the Purchaser the price paid, the refund will be made, where possible, at the act of purchase of the good, or, alternatively, by bank transfer. It shall be the Purchaser's responsibility to communicate to the Seller, already at the time of the report/request, the bank details to make the transfer in their favour and to ensure that the Seller is put in a position to be able to return the amount due.

11.6 The right to replacement is in any case subject to the following conditions:

  1. the purchased good must be returned unused and intact, in its original packaging complete in all its parts (including packaging and documentation and accessory equipment);

  2. the shipment, until the certificate of successful receipt in our warehouse, is under the complete responsibility of the customer. We are in no way liable for damage or theft/loss of goods returned with uninsured or untracked shipments (e.g. priority mail);

  3. in the event of damage to the good during transport, it will be our responsibility to promptly notify the customer of the incident (within 5 business days from receipt of the good) to allow them to file a complaint against the courier chosen by them and obtain reimbursement of the value of the good (if insured);

  4. if instead the return has come back intact in all the points mentioned above, it will be our responsibility to refund the cost of the goods only (not the shipping costs) 10 days after receipt of the return.

11.7 All products (excluding underwear and perishable goods) may be exchanged provided they are returned in the original sale conditions, therefore unused or unworn, with intact packaging, any packing material and warranty seals.

It is possible to exchange the product within and no later than 14 days.

Products may be replaced with the same item in a different size or colour if available in stock. Otherwise, if the customer wishes for a different item, it is possible to receive a coupon (of the same value as the product that must be exchanged) usable on the e-commerce website.

Products may be exchanged under the same conditions as above, but only with other discounted products in the same product category.

Shipping costs are always borne by the customer, unless returns are caused by defective products or order errors committed by Australian itself.

  1. BREACHES NOT ATTRIBUTABLE - UNAUTHORIZED PAYMENTS

12.1 The Seller is not responsible for the failure or delayed execution of the Contract if this depends on service disruptions attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Seller.

12.2 The Seller assumes no responsibility for any fraudulent, unlawful or irregular uses of credit cards, cheques or other means of payment, attributable to wilful or negligent conduct, also by way of slight negligence, of the Purchaser with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.

  1. SPECIFIC CASES OF AUTOMATIC TERMINATION OF THE CONTRACT

13.1 The timely payment of the goods purchased online, pursuant to Art. 6.1 of these General terms and conditions of online sale, as well as the payment of any further charge and/or commitment referred to in Art. 6.3, are understood to be essential obligations of the Contract.

13.2 Where not justified by unforeseeable circumstances or force majeure, the breach of the aforementioned obligations will entail termination by operation of law of the Contract pursuant to art. 1456 Civil Code.

  1. PROCESSING OF THE PURCHASER'S PERSONAL DATA (REFERENCE TO THE SPECIFIC INFORMATION NOTICES)

14.1 The Seller protects the Purchaser's personal data, guaranteeing full compliance of their processing with the reference legislation and, specifically, Regulation 679/2016 as well as the relevant national rules (Privacy Code, as most recently amended by Legislative Decree 101/2018).

14.2 Reference is made, for details, to the Privacy Policy and Cookies Policy present on the website; it is hereby informed that the personal data provided by the user, acquired through navigation on the Website, will be collected and processed in telematic/computer form, and where appropriate paper form, with the following main purposes: i) to register the order; ii) execution of the Contract and related communications; iii) to comply with legal obligations; iv) to manage commercial relationships in order to better provide the requested services.

  1. CONTACT DETAILS OF THE SELLER AND THE PURCHASER

15.1 Official communications addressed to the Seller, as well as any complaints by the Purchaser, shall be valid only if sent by Registered Letter with Return Receipt to Via Michelangelo Buonarroti 45, 20064, Gorgonzola, Milan (ITALY), or transmitted by fax to no. 0255187207, or forwarded by e-mail to the following address sales@australian.it, or to the following certified electronic mail address (PEC) info@pec.australian.it.

15.2 The Purchaser indicates, when registering on the Website or in the order confirmation form, their residence or domicile, the related telephone contact details and the e-mail address to which communications from the Seller will be sent.

  1. AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE WEBSITE

16.1 The Website and related services are usable in Italian and English.

16.2 These General terms and conditions of online sale are available in Italian. If translated into other languages, the only binding version shall be the Italian one.

16.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the Website promotes goods and/or services intended mainly for the national market. Orders from third countries, unless otherwise specified below, will be accepted and fulfilled as agreed. The Seller reserves, in any case, the right to suspend/cease, with short notice and without any penalty, any activity of promotion, marketing, sale, supply of goods and/or services through the Website, if legal/tax/customs obstacles, or, in any case, obstacles of an objective type (and not subjective connected solely to the User's geolocation), preclude receipt of the order and/or execution of the Contract with users resident or domiciled in third countries.

17 ONLINE OUT-OF-COURT DISPUTE RESOLUTION

17.1 Pursuant to EU Regulation 524/2013, the Purchaser is informed of the possibility to refer the resolution of any dispute with the Seller — concerning the offer and purchase of goods and/or services promoted online — to bodies/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through web procedures, simple, rapid and economical (so-called ODR - Online Dispute Resolution).

17.2 For any information on the aforementioned ODR procedures please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

  1. COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT

18.1 Any dispute between Seller and Purchaser concerning the Contract, and its execution, shall be governed by Italian law and administered, subject to derogations, by the judges of the court. The Purchaser shall be guaranteed, in any case, the rights conferred by the mandatory rules protecting consumers in force in the relevant country of residence and/or domicile.

18.2 For the reference rules as to competent court and law applicable to the Contract, reference is made to art. 66 bis of the Consumer Code, to art. 18 of EU Reg. 1215/2012, to art. 6 of EU Reg. 593/2008, as, finally, to arts. 3 and 57 of Law no. 218/1995.