General Conditions of Sale and Guarantees
1. Introduction
2. General Premise
3. Order of Products
4. Product Information
5. Sale Prices
6. Minimum Order
7. Product Availability
8. Accepted Payment Methods
9. Shipping Costs
10. Delivery Mode
11. Images, Texts, Graphics
12. Warranty
13. Complaints
14. Right of withdrawal and change of size
15. Responsibility
16. Cookies Notice
17. Processing of Personal Data “Privacy Notice”
18. Registration / Cancellation Newsletter
19. Feedback Customers, emails, comments, criticisms and communications
20. Jurisdiction
21. Sale in Europe
22. Alternative dispute resolution
1. Introduction
These General Terms and Conditions of Sale and Guarantees (hereafter referred to as “General Conditions of Sale and Guarantees”) exclusively regulate the contractual relations between the customers of the accapi.com website (hereinafter referred to as “Customers”) and the seller Whoa Srl P. VAT 03722120981, (hereinafter referred to as “Seller”). These General Conditions are the only ones that can be applied and replace all other conditions, unless preliminary exemptions, expressed and written. The Seller may be under the obligation to change some of the present conditions; it is therefore advisable for the Customers to read the General Conditions of Sale and Guarantees for each purchase on the accapi.com website (hereinafter referred to as “the Website”). Every purchase on the Site is subject to the General Conditions of Sale and Warranties applicable on the date of the order. The Seller confides that, once the order has been validated, the Customers have read and accepted without reservation the General Conditions of Sale and Guarantees. Customers undertake to comply with the General Terms and Conditions of Use detailed in the 23 points present in this section.
2. General premise
Our Website accapi.com, sells clothing and accessories to retail. The sale of products on this site is reserved for sale in the Italian territory excluding the localities of San Marino and Livigno and in Europe. The Sale takes place exclusively through our Website online at www.accapi.com owned by the Seller, a legal entity that sells goods or services through online sales, ie the contract stipulated exclusively within the distance communication system commonly called Internet.
3. Orders of Products
Our products can be ordered from our website www.accapi.com 24 hours a day, 7 days a week.
The order process at the cash desk is composed of the following phases. Once the products have been selected and the cart has been validated, the customers will be at the checkout:
– choose whether to create an account or proceed as a guest?
– alternatively if you are already registered users, log in
– enter your data (purchaser) and choose whether to send to another address other than the sender address
– if in point 2 a different shipping address is chosen, enter the shipping address data
– choose the shipping method among the various options proposed
– choose the payment method among the various options proposed
– check the order, correctness of the data entered and confirm the purchase
To confirm the purchase the customer will have to accept the General Conditions of Sale that will definitively formalize the sales contract that binds them to the Seller.
4. Product Information
All information relating to the characteristics, description, and illustrative photographs of the products on our site are provided by our suppliers or made by our staff. If necessary, the Seller reserves the right to modify or adapt the information of the products in the catalog without notice.
5. Sale prices
All sales prices of the products indicated on the Site in the catalog are expressed in euros as final price but do not include shipping or labeling charges that are always charged to the Customers. The Seller reserves the right to change prices at any time without prior notice, but agrees to apply the prices indicated on the Site at the time the order is placed.
6. Minimum order
There is no minimum order amount, you can also order a single product.
7. Product Availability
The availability of products is always indicated and updated to 95% in our online catalogs on our site. The state is divided into two categories:
available
not available
If the purchased item is no longer available, the Seller will contact the customer by e-mail or telephone within 24 hours of his purchase, informing him of the non-availability of the article, offering three possible solutions in the following order of priority:
– replacement with another article of equal value, in the case of lower cost, the Seller will refund the difference, in the case of higher cost, the Customer must integrate the payment of the missing difference
– if the customer has purchased more than one item, partial refund of the amount of the missing item
– if the customer has purchased only one item, total reimbursement of the order
8. Accepted Payment Methods
The Seller uses the payment method PayPal and Stripe to ensure the security of payments by customers and the confidentiality of credit card data used.
9. Shipping costs
Shipping costs are divided into three zones with a fixed amount regardless of the weight of the package and the quantity of products purchased:
ZONE 1: 13,00 EURO (shipping in 2/4 working days) – Free for orders above 150 EURO
ZONE 2: 20,00 EURO (shipping in 3/5 working days) – Free for orders above 250 EURO
ZONE 3: 25,00 EURO (shipping in 3/5 working days) – Free for orders above 300 EURO
ZONE 1: Austria, Belgium, Czech Republic, Denmark, France, Germany, Greece, Ireland, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden
ZONE 2: Norway, Switzerland, United Kingdom
ZONE 3: Canada, United States
If your country is not listed in the above list, please contact info@accapi.com to inquiry for shipment costs.
The Seller reserves the right to change the shipping costs at any time without notice, but agrees to apply the prices indicated on the Site at the time of ordering.
10. Delivery Methods
Shipments proposed by the Seller are made in Europe by UPS courier parcel. The products purchased on our site are delivered in Europe with the exception of Cyprus, Croatia and Malta. The Seller reserves the right to modify the used couriers or delivery methods at any time without prior notice, but undertakes to apply the couriers and delivery methods indicated on the Site at the time the order is placed.
11. Images, Texts, Graphics
All the Images and some texts of the products present on our Site are covered by copyright (copyright) and owned by the manufacturers or suppliers or by the Accapi company. Their use is granted to the Seller as an authorized seller, or due to the purchase of the products from the wholesaler or factory that supplies exclusively original items with the contribution fully paid. Any misuse and / or improper use will be prosecuted according to the law.
12. Warranty
All products on our site in online catalogs enjoy the eventual conventional warranty that is directly provided by the manufacturers and the relevant legislation as well as the methods of application of the guarantee will be those indicated and highlighted by the manufacturer together with the product. In addition to the conventional warranty on the products supplied by the manufacturer, it is provided in accordance with Articles 128-135 of Legislative Decree no. 206/2005 also the legal guarantee for conformity defects. The legal guarantee in favor of the consumer customer (physical person who buys the goods for purposes unrelated to the business or professional activity) covers the conformity defects, existing at the time of delivery of the goods, which occurred within two years from the delivery of the asset . The lack of conformity must be communicated, under penalty of forfeiture, within two months from the date on which the consumer discovered the defect. The action against the seller is prescribed in any case within the term of twenty-six months from delivery of the goods. In case of lack of conformity, the consumer Customer has the right to the restoration, without expenses, of the conformity of the goods through repair or replacement, or to an appropriate reduction of the price or the termination of the contract, according to the provisions of art. 130 of Legislative Decree no. 206/2005, in this regard, the Customer must keep the invoice or receipt of the order that will receive via e-mail in PDF format. Once checked the product returned by the Customer, if after verification and / or intervention on the product under analysis, it is noted that the defect reported does not integrate a lack of conformity pursuant to articles 128 and following Legislative Decree no. 206/2005, the Customer will be charged for any costs of verification and recovery incurred by the Seller, as well as transport costs, if incurred by the Seller.
13. Complaints
Any complaints from the Customer can be sent by e-mail to info@accapi.com or by telephone at +39.030.259.12.08.
14.1 Right of Withdrawal and Change of Size – D.LGS N.206/2005
You have the right to withdraw from the contract, without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us at the following addresses: (Accapi, Via Giovanni XXIII, 53 – 25086, Rezzato (BS) | Tel: 030.259.12.08 | ordini@accapi.com) of your decision to withdraw from this contract through an explicit declaration (for example, a letter sent by post, fax or e-mail). To this end, you can proceed to return via the form available in the dedicated section of your account or use any other explicit statement, we will send it a confirmation of receipt of withdrawal by fax or e-mail. To comply with the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
14.2 Effects of withdrawal
If you withdraw from this contract, you will be reimbursed for all payments made to us, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery from we offer), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These refunds will be made using the same payment method used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement. The reimbursement can be suspended until the goods are received or until the consumer demonstrates to have sent back the goods, if previous. You are requested to return the goods to Accapi, Via Giovanni XXIII, 53 – 25086, Rezzato (BS) without undue delay and in any case within 14 days from the day in which you have communicated your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period. • The direct costs of returning the goods will be at your charge, you can follow two ways:
– request collection by one of our courier at a cost of € 9.90;
– proceed to dispatch independently using one of its couriers. • You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.3 Exclusion of withdrawal
The Decree regulates the cases, of which the consumer must be expressly informed, in which the right of withdrawal can not be applied for customized or “clearly personalized” packages.
The right of withdrawal can not therefore be exercised: on customized products at the express request of the customer (eg: customized products with names and / or numbers).
14.4 Terms of change of size
If, upon receipt of the goods, the Customer becomes aware of the purchase of an incorrect size, the Seller allows to change the product within 14 days from the date of receipt, provided that the garment has not been used or damaged. The Seller will not accept exchanges or returns of used or damaged items.
In the case of non-availability of the size concerned, it will be allowed to change one model with another by prior agreement with the Seller.
Any returns of the items purchased must be carefully packaged and include the completed delivery note or return form.
If you do not have a delivery note at the time of the change, download the return form by accessing the page containing the goods returns (in the My orders section of “My account” if the user has registered or in the Orders section if the user is not registered) available on accapi.com.
Please return the goods to Accapi, Via Giovanni XXIII, 53 – 25086, Rezzato (BS) without undue delay and in any case within 14 days from the day in which you have communicated your wish to change the size of the product. The deadline is met if you send back the goods before the expiry of the 14-day period.
The direct costs of returning the goods will be at your expense, you can follow two ways:
– request collection by one of our courier at a cost of € 9.90;
– proceed to dispatch independently using one of its courier services?
The direct costs from sending the product with the correct size from the Seller to the Customer will be:
– charged to the customer in the case of a single product with a selling price of less than 99 euros (at a cost of 9.90 euros)
– charged to the Seller in the case of a single product with a selling price of more than 99 euros.
15. Responsibility
The Seller assumes no responsibility for the disservices due to force majeure that prevent, in whole or in part, to execute within the time agreed to the contract. The Seller will not be liable for any damages, losses and / or costs incurred as a result of the non-execution of the contract for the aforementioned causes, having the purchaser only entitled to the return of the price paid.
In contracts that require the Seller to provide for the shipment of the goods, the risk of loss or damage to the goods remains with the Seller until the customer enters physically in possession of the goods. If, however, the Customer proposes instruments for the transportation of goods that are alternative to those proposed by the Seller, then the risk of shipping remains with the Customer, without prejudice to the right of the Customer towards the carrier.
Unless otherwise agreed by the parties to the sales contract, the Seller is obliged to deliver the goods to the consumer without undue delay and at the latest within thirty days from the date of conclusion of the contract. The obligation of delivery is fulfilled through the transfer of material availability or in any case of control of the goods to the Customer. If the Seller fails to do so within the time limit, the Customer requests to make the delivery within an additional period appropriate to the circumstances. If the additional term thus granted expires without the goods being delivered, the Customer is entitled to terminate the contract.
16. Cookies Notice
Our cookie policy can be found at the following link:Cookie
17. Processing of Personal Data “Privacy Notice”
Our privacy policy can be found at the following link:Privacy
18. Registration / Cancellation Newsletter
The subscription to the newsletter of the Seller, you can make it through the appropriate registration box newsletter placed at the bottom of the site or at checkout during the purchase phase by ticking the appropriate box. It is possible to unsubscribe from the Seller newsletter, using the link for the cancellation at the bottom of any newsletter received.
19. Competent Court
For civil disputes relating to the application of this contract the mandatory territorial jurisdiction is the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
20. Sale in Europe
Our Website accapi.com, also sells in Europe with the exception of Cyprus, Croatia and Malta. In the case of requests and / or orders received from countries with the exception, the seller will cancel the order and refund the amount paid for the value of the entire order paid. The accapi.com site is in Italian and in English (through an automatic translation generated by the free Bing translator), the customer who purchases from the European countries accepts the general conditions of sale.
21. Alternative dispute resolution
We inform the Consumer resident in Europe that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve in a non-judicial way any dispute concerning contracts for the sale of goods and services stipulated on the network and / or deriving from them. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following link:https://webgate.ec.europa.eu/odr