The products marketed on www.eshop.xacus.com are sold directly by Eurostep Commerce with registered office in Montebelluna (TV), Via Feltrina Sud 192 31044, REA No. TV-407120, Tax Code and VAT 04887580266.
The General Terms and Conditions of Sale apply to and govern all sales agreements entered into through the Seller's Website, as identified above.
The General Terms and Conditions of Sale are subject to change and each User is required to read them before performing any purchase. It is the responsibility of the User to check the General Terms and Conditions of Sale before submitting the order.
The Seller is not liable under any circumstance for the supply of "Xacus" brand products by third parties through the Site through links, banners or active hyperlinks. Prior to confirming third party orders, the User is required to verify their Terms and Conditions of Sale.
The General Terms and Conditions of Sale apply regardless of the nationality of the User, provided that the delivery of the products takes place in one of the countries for which the Site provides online sales service and that the Country corresponds to the country of registration of the User.
The purchase of products on the Site is reserved exclusively to individuals acting as consumers and who are over 18 years old.
Consumer means a natural person who acts for purposes unrelated to the commercial, entrepreneurial, artisan or professional activity carried out.
ENTERING INTO THE AGREEMENT
If the User does not agree with one or more of the terms contained in these General Terms and Conditions of Sale, is required to refrain from purchasing from the Site.
To proceed with the online purchase of one or more products, the User shall first sign up on the Site, providing the Seller, in compliance with the provisions on the protection of personal data, all the data necessary to allow the latter to execute the orders submitted. In order to enter into the purchase contract, the User shall submit his order following the procedure referred to in the Site. The electronic submittal of the order obligates the User to pay the indicated price.
To complete the purchase, the User is required to confirm payment of the price of the products loaded in the shopping cart. Orders that do not complete the corresponding transaction are automatically cancelled.
When the User places an order, it will receive an e-mail containing confirmation of receipt of the order and its summary: this communication will not constitute automatic acceptance of the order.
The Seller reserves the right to refuse orders that are incomplete and incorrect or orders from users with whom there is a dispute concerning the payment of a previous order. In such cases, the User will receive by e-mail the refusal of the order which shall be specifically justified.
If the products shown on the Site are no longer available at the time of last access to the Site or after sending the order, the Seller shall inform the User, within 5 days effective from the day subsequent to the one in which the order is sent, regarding the unavailability of the product ordered. In the case of payment, the Seller will refund the price without being required to pay any further compensation.
The User may, at any time, monitor the status of his order by contacting the Customer Service through the link/section or by accessing its personal area.
The products offered for sale through the Site are women's and men's apparel and fashion accessories as shown in the online catalogue at the time of the order. The product catalogue may be updated and amendment periodically, therefore the permanence of a product among those available online is not guaranteed.
Each product is presented with a descriptive data sheet which contains all the essential characteristics; the images and colours of the products offered for sale may not exactly correspond to the actual ones due to the effect of computer systems settings used by the User to display the Site. Therefore, the product images must be considered as indicative only and this without prejudice to standard use tolerances.
All sale prices of the products specified on the Site are inclusive of VAT, if applicable to the country of shipment of the products and include any other tax that may apply to the sale.
Product prices may be subjected to changes and updates. The User is required to check the final sale price before placing the order. Any obvious material error on the price shown on the Site compared to the commonly known price of the product chosen, entitles the Seller not to confirm the shipment and immediately refund the purchase price paid by the User without the latter being able to raise any objections in this regard.
For the payment of the price of the products and the related shipping and delivery costs, if any, the User may choose one of the methods indicated in the order form. In case of payment by credit card, the payment procedure will take place through a secure connection directly linked to the bank of the online payment service to which third parties cannot have access. In particular, the financial information (e.g. credit/debit card number, expiry date) will be forwarded via encrypted protocol providing the relevant remote electronic payment services without any third parties being able to access said data. Such information will never be used and/or stored in any format (including electronic) by the Seller.
The amount of the order will be charged on the day of shipment, without prejudice to the right of the User to have said amount refunded in case of non-fulfilment by the Seller or non-execution of the agreement for any reason.
The User is the sole party responsible for the data entered and therefore guarantees to use of credit/debit cards that only under his legitimate availability.
The products are delivered, by agreed carriers, directly to the User to the shipping address specified in the order.
By filling in the personal information in the registration procedure necessary to activate the procedure for the implementation of this agreement and further communications, the User authorizes the Seller to communicate the personal data to carriers and/or to forwarding agents used for the delivery of the purchased products in order to allow the procedures necessary for their delivery.
The Seller shall do its best to execute the order received, within 2 business days and in any case no later than 30 days from the day following the one in which the User sent the order.
Delivery times only include business days and do not include holidays. The Site makes it possible to request the delivery of the ordered products to an address different from the one of the User, provided that such address is located in the country of residence of the User specified when he logs in; in any case it is the User's responsibility to provide all data necessary for successful delivery.
Products, purchased through the Site, cannot be picked up directly from the Seller's warehouse.
The charges and shipping options may change depending on the country and method of shipping chosen by the User.
These charges and any additional costs are borne by the User. The amount will be expressly and separately specified in the order summary, before submittal by the User, as well as in the order confirmation e-mail.
Both in Italy and abroad, the delivery procedure establishes that, if the recipient at the time of access of the carrier is not at home, the carrier will leave a notice in order to complete the shipment later and said notice will indicate the information to contact the carrier to arrange a second delivery. In case an arrangement cannot be reached for the second delivery, the package will remain in storage at the warehouse of the carrier and it will be the User's responsibility to pick it up.
In case of failure to pick up the package within 4 days, the package will be returned to the Seller. In this case, the agreement shall be deemed terminated pursuant to art. 1456 of the Civil Code, with Seller's communication sent by e-mail to the User and therefore the order will be cancelled
The User shall always have the possibility to check the status of his order through the appropriate link by entering the order number or accessing the personal area.
The order must be placed directly from the site of the country where it will be delivered. Orders placed from the Site of a country other than the country of destination, or to an address not accepted by the carrier will be automatically cancelled.
Minors are strictly prohibited from submitting an order on the Site.
The data entered during the purchase process must be exclusively actual personal data and not those of third parties, or made-up data. The Seller reserves the right to legally prosecute any violation or abuse, in the interest and for the protection of all consumers.
The User indemnifies the Seller from any liability arising from the issue of incorrect fiscal documents due to errors in the data provided by the User, since the User is the sole responsible party for their correct provision.
Upon receipt of the products, the User is required to check compliance with the order. In particular, the User shall pay attention to the correspondence between the number of packages indicated on the carrier documents and those delivered and the integrity of the packaging.
Any abnormal conditions (e.g. tampering, damage) shall be specified in writing directly on the carrier transport document and the User shall refuse delivery. At the same time, the User is required to report the fact to the Customer Service of the Seller through the appropriate link.
If the User should accept the delivery of products tampered with or damaged, it will lose the legal guarantee of product conformity.
The Seller does not assume any responsibility for the disservices due to force majeure such as, for example, accidents, explosions, fires, strikes, earthquakes and other events that prevent in whole or in part, to execute the agreement within the agreed time.
The Seller shall not be liable toward any party or third parties regarding damages, losses and costs incurred as a result of failure to execute the agreement for the aforementioned reasons, since the client has only the right to a refund of the price paid.
Similarly, the Seller is not responsible for any fraudulent or illegal use of credit cards, cheques and other methods of payment, at the time of payment of the products. The Seller, in fact, during the purchase process will never know the credit card number of the User, which, by opening a secure connection, is transmitted directly to the banking service.
The User may exercise the right of withdrawal and return the product received, without penalty and without specifying the reason, in accordance with the terms and conditions specified below.
The User may always issue a return request directly from the Site, accessing its profile, filling in and forwarding the return form to the Seller following the procedure referred to therein.
The products shall be returned intact, undamaged and provided with the barcode and any other seal that is part of the products; products that are returned incomplete, damaged and deteriorated will not be reimbursed.
The products to be returned must be delivered to the carrier within 14 days effective from the notification of the User to the Seller of his intention to withdraw from the agreement.
The cost to return the products will be borne by the Seller, if the client uses the pre-printed adhesive label that the User will find inside the package. This procedure will allow the Seller to pay directly the costs for returning the package to the carrier and to check at any time the package location.
After returning the products, the Seller will carry out the necessary checks regarding their conformity with the conditions and terms indicated herein.
If the right of withdrawal is correctly exercised, the Seller shall refund any amounts received from the User for the product purchased.
Whichever is the payment method used by the User, the refund is issued by the Seller as quickly as possible and in any case within 14 days from the date in which the Seller has become aware of the right of withdrawal, subjected to verification of the correct execution of said right and verification of returned products.
The Seller issues refunds using the same payment method used by the User for the purchase of the returned products, even if a virtual and/or disposable credit card was used. The Seller cannot under any circumstance issue a refund on a credit card other than the one used for the purchase, except in the case where in the meantime the card has expired or was stolen: in this case the User may contact the Customer Service at +39 0423 1773091 to agree on the most appropriate method of refund.
In accordance with the law, the Seller is obligated to deliver to the User goods in compliance with the sales agreement and the Seller is liable for any non-conformity of the products existing at the time of delivery or that occur within two years from delivery.
For the validity of the previous guarantee, the User must notify the Vendor of the non-conformity within two months from its identification, under penalty of forfeiture of the guarantee, by contacting Customer Service through an appropriate link. The notification must contain an accurate and complete description of the faults and defects notified.
Customer Service will notify the User of the instructions for returning the defective product, which shall take place at Seller's expense.
The User will have the right to request the termination of the agreement and the return of the amount paid or, alternatively, the replacement of the product.
In the event of a minor defect, the User shall have only the right to have the product replaced. In any case, non conformity deriving from damage due to accidental events or liability of the User for use not in compliance with the intended use of the product are excluded from the legal guarantee.
Any dispute concerning the application, execution, interpretation and violation of the sales agreements signed through the Site is subjected to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In any case, the rights that may be attributed to the Consumer by mandatory provisions of the law in force in the Country of residence or domicile of the latter will remain unaffected.
CHANGES AND UPDATES
The Seller reserves the right to change the Site, the policies and these General Terms and Conditions of Sale at any time, to offer new products or services, or to be in compliance with legal or regulatory provisions. The User accessing the Site and placing an order agrees to comply with the policies and terms of the General Terms and Conditions of Sale from time to time in force when the order is placed, unless any changes are retroactive in accordance with applicable law. If any of the provisions contained therein is considered invalid, void or unenforceable, this condition will not affect in any case the validity and effectiveness of the other provisions.
CUSTOMER SERVICE AND COMMUNICATIONS
The User can request any information through the customer service by calling the following number +39 0423 1773091.