The supply and sale of clothing and accessories under the brand ANIYE BY on the website www.aniyeby.com are governed by these General Sale Conditions. The products bearing the ANIYE BY, brand purchased on the website www.aniyeby.com are manufactured and sold by single-member company Depeche Srl Unipersonale, company subject to business management and coordination by Portoveneres srl, which is registered in the Modena Register of Companies, with tax ID code and VAT n. 03042600365, and is located in Carpi (Modena), at via dell’Agricoltura n. 47/49. Purchase transactions are governed, among others, by the provisions of Italian Legislative Decree n. 206 dated 06/09/2005 (Consumer Code) and Legislative Decree n. 21 dated 02.21.2014, pursuant to which:
"online sale agreement" refers to the remote agreement, i.e. the juristic act concerning movable goods and/or services entered into by a ‘professional’, in this case Depeche Srl Unipersonale, via the online service www.aniyeby.it, and a ‘consumer’, within a remote sales system organised by the professional which, for the agreement in question, employs solely the remote communication technology known as ‘internet’;
The term "professional" is understood as a natural or legal person acting on their own behalf, as part of their own business or professional activities, or as an intermediary;
the term "consumer" in understood as any natural person of legal age acting for purposes unrelated to any business or professional activities as may be carried out thereby.
The product sales territories are as stated hereinunder: ITALY (all sales made in the towns of Livigno and Campione d’Italia and in the Italian waters of Lake Lugano shall be treated as sales on Italian soil); FRANCE (NOT including the overseas departments of Guadalupe, Guiana, Martinique, and Réunion); SPAIN (NOT including the territories of Ceuta, Melilla, and the Canary Isles). GREECE (NOT including the territory of Monte Athos); SWITZERLAND. USA (including ONLY the territories of California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachussetts, New Jersey, New York, North Carolina, Ohio, Pennsylvania ,Rhode Island and Virginia ). CHINA (including ONLY the territories of Anhui, Beijing, Chongging, Fujian, Gansu, Guangdong, Guangxi, Guizhou, Hebei, Heilongjiang, Henan, Hubei, Hunan, Jiangsu, Jiangxi, Jilin, Liaoning, Macao, Shaanxi, Shandong, Shanghai, Shanzi, Sichuan, Tianjin, Zhejiang). TAIWAN HONG KONG
Art. 1 Acceptance of the General Sale Conditions
1.1 All the agreements shall be entered into directly by accessing the corresponding website at www.aniyeby.it, where the customer can enter into the agreement for the purchase of the desired goods and/or product by carefully following the instructions and procedures envisaged. 1.2 The general sale conditions hereunder are part and parcel of the sales agreement and, as such, the customer is required to read them carefully online before completing the purchase process. With the submission of the order confirmation, the customer fully acknowledges and accepts such conditions. 1.3 he general sale conditions may be updated or altered at any time by Depeche Srl Unipersonale, in which case the latter shall inform users thereof via the website page. The customer agrees and undertakes to print out and keep a copy of such conditions. 1.4 By sending digital confirmation of their purchase order, the customer unconditionally accepts and undertakes to comply with the general sale conditions in all dealings with Depeche Srl Unipersonale, including therein the payment conditions which are set out hereinunder. The customer likewise declares that s/he has read and accepted all the information and instructions provided thereto. 1.5 Depeche Srl Unipersonale shall not be deemed bound by any other conditions than those envisaged in the general sale conditions unless previously agreed on and accepted in writing.
Art. 2 Sale prices and purchase procedure
2.1 All the sale prices of the products shown on the website www.aniyeby.it, which are deemed ‘on sale to the public’ pursuant to Article 1336 of the Italian Civil Code, include VAT in the areas where it is required by law and any other taxes applicable to the sale in question. 2.2 The total carriage cost shall be clearly stated and displayed before completion of the order. 2.3 The purchase agreement is executed upon entry of all the purchase data required and provision of consent to the purchase through the online consent form and is subject to successful payment completion. 2.4 The customer can pay for their order using the payment methods stated in the website when making the purchase.
Art.3 Delivery method
3.1 Depeche Srl Unipersonale shall hand over the chosen and ordered products to the courier service used by the company, which shall transport such products to the customer at the address stated thereby, thus completing the delivery. 3.2 Depeche Srl Unipersonale shall do everything possible to despatch the orders sent thereto within 7 (seven) working days, and, in any case, the goods purchased shall be delivered within 30 (thirty) days of the date on which the consumer submitted the order to the Professional. Depeche Srl Unipersonale cannot be held liable for late or non delivery due to force majeure or acts of god. 3.3 Upon receipt of the product delivered thereto, the customer is required to check the compliance thereof with the order placed; only after this check should the customer sign the delivery documents, without prejudice to the right of withdrawal envisaged in section 8. By providing the master data required during the registration process in order to start the procedure for the performance of the agreement hereunder and the sending of relative further notifications, the consumer and/or customer thereby authorises Depeche Srl Unipersonale to disclose the non-sensitive personal data (address, telephone number, email address) to the couriers and/or forwarding agents used by the company in order to enable the delivery of the goods purchased.
Art.4 Product Availability
4.1 The customer may purchase the products listed in the electronic catalogue available on the website www.aniyeby.it according to the quantities in stock. In the event that the product purchased by the customer on www.aniyeby.it is no longer either in stock or available, Depeche Srl Unipersonale undertakes (subject to written notice, pursuant to Art. 54 of Italian Legislative Decree 206/2005, section II) to refund the payment made by the customer for the goods, doing so either by bank transfer or via PayPal as soon as possible (and in any case within thirty (30) days).
5.1 Depeche Srl Unipersonale cannot be held liable for problems caused due to force majeure such as, by way of example, accidents, explosions, fires, strikes and lockouts, earthquakes, floods and other similar events which may prevent, either partly or in whole, the performance of the agreement within the agreed time limits. 5.2 Depeche Srl Unipersonale cannot be held liable to any party or third party in relation to damages, losses, or costs incurred as a result of failure to perform the agreement for the reasons stated hereinabove, since the customer shall only be entitled to the refund of the price paid. 5.3 Likewise, Depeche Srl Unipersonale cannot be held liable for any fraudulent or unlawful use as may be made by third parties of credit cards, cheques, or any other means used for payment of the goods purchased. At no time during the purchase procedure does Depeche Srl Unipersonale have access to the customer’s credit card number as upon payment the customer opens a secure connection which is used to transmit the information directly to the banking service system.
Art.6 Warranties and assistance procedures
6.1 Depeche Srl Unipersonale produces and sells high-quality clothing and accessories under the brand ANIYE BY; despite our high quality levels, if a fault is found in the products ordered, the consumer is required to report such fault in writing (via e-mail or fax) within 8 (eight) days of receipt of the product. 6.2To request a replacement, the customer is required to submit a specific claim using the procedure stated for the right of withdrawal and Depeche Srl Unipersonale may authorise the return of the product for verification. The risks related to the carriage of the goods shall be borne by the sender. We shall not accept shipments sent "carriage forward”. In the event that the reported fault is confirmed, Depeche Srl Unipersonale shall perform the agreed remedy and likewise credit the carriage costs back to the customer within a reasonable time. Depeche Srl Unipersonale reserves the right to charge the customer for any costs incurred for product verification and for the return of the product if, on the contrary to the customer’s statements, the product is found to be intact and without faults or defects on the date of delivery. 6.3To facilitate the aforesaid procedure, the customer may contact Depeche Srl Unipersonale either via e-mail or by telephone (e-mail address [email protected], telephone n +39/059/7361711, fax +39/059/7361800).
Art.7 Customer requirements
7.1 Once the online purchase procedure has been completed, the customer agrees and undertakes to print out and keep a copy of the general sale conditions hereunder, which, what is more, they have already read and accepted (together with the specifications of the product purchased) as a requirement of the purchase procedure. 7.2 It is strictly prohibited for persons aged under 18 to place an order online. 7.3 It is strictly prohibited for the customer to enter false and/or invented and/or fictitious data during the registration process required to start the procedure for the performance of the agreement hereunder and the sending of further notifications. The personal details, address, telephone number, and e-mail address provided shall be real and those of the customer, not of another party, nor fictitious. 7.4 It is expressly prohibited to enter the data of third parties. Depeche Srl Unipersonale reserves the right to take legal action against any breach or misuse, in the interest of and for the protection of all consumers. 7.5 The customer shall hold Depeche Srl Unipersonale harmless from any liability arising from the issue of documents required for tax purposes which are incorrect due to mistakes in the details provided by the customer, since the latter is the sole party responsible for the correct entry of such data.
Art.8 Right of withdrawal and complaints
8.1 The consumer may exercise the right of withdrawal and return the product received in accordance with the terms and procedures set out hereinunder. 8.2 If, for any reason, the consumer is dissatisfied with their purchase, s/he is entitled to terminate the agreement, within 14 (fourteen) days of receipt of payment, giving notice thereof by recorded delivery letter with advice of receipt to: DEPECHE SRL UNIPERSONALE Via dell’Agricoltura nr.47/49 – 41012 CARPI (MO) ITALY 8.3 If the consumer has exercised their right of withdrawal as stated hereinabove, the former is required to contact Depeche Srl Unipersonale either by e-mail or by telephone (e-mail address: [email protected], telefono +39/059/7361711, fax +39/059/7361800). The customer shall then return the product through direct delivery or via a shipping agent to: DEPECHE SRL UNIPERSONALE Via dell’Agricoltura nr.47/49 – 41012 CARPI (MO) ITALY The cost of returning the goods shall be borne by the customer included any customs charges. The products shall be returned to and received by Depeche Srl Unipersonale intact and in the same condition as that in which they were received, with the original packaging and bar code tags and any other material which forms part of the packaging. 8.4 In the event that all the foregoing conditions and requirements envisaged for the customer are fulfilled, Depeche Srl Unipersonale shall refund the sale price of the product purchased by directly crediting the sum to the card used for payment, within thirty (30) working days. The costs, charged by mistake to Depeche srl, of transport and customs charges will de deducted from remburse amount. 8.5 Should a customer wish to change the size or colour of the product, s/he can place a new order.
Art.9 Payment methods and delivery costs
9.1 Orders may be paid for by credit card or via PayPal. We accept all major cards (Mastercard, Visa, Visa Electron and Postepay). Delivery costs are : €10,00 (ten) for all Italy and free shipping cost for order over euro 200,00 €15,00 (fifteen) for Spain and France and free shipping cost for order over euro 200,00 €19,00 (nineteen) for Greece and free shipping cost for order over euro 200,00. €38,00 (trirty-eight) for Switterland and free shipping cost for order over euro 300,00. €30,00 (thirty) for U.S.A., CHINA, HONG KONG and TAIWAN and free shipping cost for order over euro 300,00 9.2 By entering the details in the relative payment field on the banking system website, the consumer and/or customer authorises Depeche Srl Unipersonale to use their payment card to assign funds amounting to the total cost of the online order to Depeche Srl Unipersonale. The entire procedure takes place via a secure connection linked directly to the bank responsible for the online payment service, to which Depeche Srl Unipersonale has no access. 9.3 Should the consumer exercise the right of withdrawal, as envisaged in the conditions hereunder, the refund shall be shall be credited thereto by bank transfer or via PayPal.
Art.10 Express termination clause
10.1 Depeche Unipersonale Srl is entitled to terminate the agreement by giving reasoned notice thereof to the consumer and/or customer; in this event, the customer shall be entitled solely to a refund of the amount already paid. 10.2 The obligations assumed by the customer pursuant to Article 7 hereof (‘Customer requirements’) and the guarantee of successful completion of the payment made by the customer with the system envisaged under Article 2, are essential, with the result that, by express agreement, failure by the customer to fulfil even just one of the aforesaid obligations shall result in the termination of the agreement hereunder pursuant to Article 1456 of the Italian Civil Code, without the need for any legal ruling and without prejudice to the right of Depeche Srl Unipersonale to seek compensation.
Art.11 Jurisdiction and Competent authority
11.1 Any dispute arising in relation to the application, performance, interpretation, or breach of purchase agreements entered into online via the website www.aniyeby.it shall be subject to Italian law. For any matters not expressly envisaged in the general sale conditions hereunder, reference shall be made to the provisions of the Italian Civil Code and likewise those envisaged by Italian Legislative Decree nos. 206/2005 and 21/2014. 11.2 Any dispute arising between the parties in relation to the agreement hereunder shall be settled by the competent authority in the district where the consumer is based; all other disputes shall be brought solely and exclusively before the Court of Modena.