Terms and Conditions
Terms and Conditions
The offer and sale of products on our website (“www.queerbrand.it”) are governed by these General Conditions of Sale. The products purchased on www.queerbrand.it are sold directly by ORA S.r.l. (“the Vendor”), with registered office in Italy, via Duomo n.348 — 80133 Napoli (Na), Iscr. Reg. Imp., Tax Code and VAT No. 08278161214. You can request any information through our support services by contacting the Seller, by e-mail at the following e-mail address: customercare@queerbrand.it. For any other legal information, please refer to the sections: General Conditions of Use, Privacy Policy and Right of Withdrawal.
1. Our trade policy
1.1
The Seller offers for sale, on www.queerbrand.it, the products and carries out its e-commerce activity exclusively towards its end users who are “consumers”.
1.2
When we talk about “consumer” we refer to any natural person who acts on www.queerbrand.it for purposes not related to their commercial, entrepreneurial or professional activity, possibly breakthrough. If you are not a “consumer”, please refrain from concluding commercial transactions on www.queerbrand.it.
1.3
In view of its commercial policy, the Seller reserves the right not to follow up orders from subjects other than the “consumer” or in any case orders that do not comply with to its own trade policy.
1.4
These General Terms and Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products on www.queerbrand.it between users of www.queerbrand.it and the Seller.
1.5
The General Conditions of Sale do not regulate the provision of services or the sale of products by subjects other than the Seller who are present on www.queerbrand.it through links, banners or other hyperlinks. Before placing orders and purchasing products and services from subjects other than the Seller, we advise you to check their conditions of sale, because the Seller is not responsible for the supply of services by third parties other than the Seller or the conclusion of e-commerce transactions between users of www.queerbrand.it and third parties.
2. How to conclude the contract with the Seller
2.1
To conclude the purchase contract of one or more products on www.queerbrand.it, you must fill in the order form in electronic format and send it to the Vendor, electronically, following the relevant instructions.
2.2
The order form contains a reference to the General Conditions of Sale and the Information on the Right of Withdrawal, and a summary of information on the essential characteristics of each product ordered and the relative price (including all applicable taxes or taxes), the means of payment that you can use to purchase each product and the methods of delivery of the purchased products, shipping and delivery costs, the conditions for exercising your right of withdrawal and the methods and times of returning the purchased products.
2.3
The contract is concluded when the Seller receives, electronically, your order form, after checking the correctness of the data relating to your order.
2.4
Before proceeding with the purchase of the products, by transmitting the order form, you will be asked to carefully read the General Conditions of Sale and the Information on the Right of Withdrawal, to print them a copy through the print command and store or reproduce a copy of it for your personal use.
2.5
The order form will be stored in our database for the period of time necessary for the fulfillment of orders and in any case within the legal terms. You will be able to access your order form by consulting the My Order section.
2.6
Before submitting the order form, you will also be asked to identify and correct any data entry errors.
2.7
The language available to conclude the contract with the Seller is English and Italian.
2.8
Once the contract is concluded, the Seller will take charge of your purchase order.
2.9
The Seller may not execute your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up your purchase order specifying the reasons. If the products, presented on www.queerbrand.it, are no longer available or on sale at the time of your last access to the site or the sending of the order form, it will be the responsibility of the Seller to inform you, promptly and in any case within thirty (30) days from the day following the day on which you have sent your order to the Seller, any unavailability of the ordered products. In case of submission of the order form and payment of the price, the Seller will refund what you already anticipated.
2.10
By telematic transmission of the order form, you unconditionally accept and undertake to observe, in relations with the Seller, these General Conditions of Sale. If you do not share some of the terms contained in the General Conditions of Sale, please do not submit the order form for the purchase of products on www.queerbrand.it.
2.11
By submitting the order form you confirm that you know and accept the General Terms and Conditions of Sale and the further information contained in www.queerbrand.it, also referred to via links, including General Terms and Conditions of Use and the Privacy Policy and the Information on the Right of Withdrawal.
2.12
Once the contract is concluded, the Seller will send you, by e-mail, a receipt of the purchase order, containing the information already contained in the order form (reference to General Conditions of Sale and Information on the right of withdrawal, information relating to the essential characteristics of the product and the detailed indication of the price, means of payment, your right of withdrawal and the costs of delivery).
3. Guarantees and indication of product prices
3.1
On www.queerbrand.it are offered for sale only products marked by the brand QUEER and purchased directly from the Seller at the fashion house and/or the manufacturer authorized by the fashion house.
3.2
The Seller does not sell used, irregular or inferior quality products to the corresponding standards offered on the market.
3.3
The essential characteristics of the products are presented on www.queerbrand.it within each product sheet. However, the images and colors of the products offered for sale on www.queerbrand.it may not correspond to the actual ones due to the Internet browser and the monitor used.
3.4
Product prices may be subject to updates. Make sure the final selling price before submitting the relevant order form.
3.5
All products are equipped with an identification tag fixed with a disposable seal. We ask you not to remove the tag and its seal from the purchased products, of which are an integral part
3.6
The Seller, in case of exercising your right of withdrawal, has the right not to accept the return of products that are not equipped with the relevant tag or have been altered in their essential and qualitative characteristics or that have been damaged.
4. Payments
4.1
For the payment of the price of the products and the related shipping and delivery costs you can follow one of the methods indicated in the order form.
4.2
In case of payment by credit card, financial information (e.g. credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to PayPal or other banks, which provide the related electronic payment services at a distance, without third parties being able, in any way, to have access to it. Furthermore, this information will never be used by the Seller except to complete the procedures related to your purchase and to issue the relevant refunds in case of any product returns, to following exercise of your right of withdrawal, or if it becomes necessary to prevent or report to the police the fraud commission on www.queerbrand.it.
Shipping and delivery of products
To learn about the specific shipping and delivery methods of products, go to the Customer Service section. Please pay attention to what is reported in this section because the information contained therein form an integral and substantial part of these General Conditions of Sale and, therefore, yes believe that you are fully known and accepted at the time of submitting the order form.
6. Customer Support
You can request any information through our support services: contact Customer Service. For further clarification, go to the Customer Service area.
7. Right of withdrawal
7.1
You have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days from the day of receipt of the purchased products on www.queerbrand.it.
7.2
To withdraw from the contract you must use the return form inserted in the shipping package of the purchased product.
7.3
In this case, you will have to return the products to the Seller by delivering them to the courier for shipment within fourteen (14) days from when you received the products.
7.4
The only costs at your expense are those of returning the purchased products. (art. 56 paragraph 1 Consumer Code)
7.5
If you decide to use the freight forwarder indicated by the Seller in the Return Form, you will not have to pay firsthand the costs, at your expense, of returning the products purchased. The payment of the costs of returning the purchased products will be made, on your behalf, directly by the Seller, who will therefore free you from any obligation to pay to the freight forwarder. The Seller, for the payment of the return, will retain from the refund a lump sum equal to the cost previously incurred for the shipment and delivery to your home of the purchased products. Furthermore, from the moment of delivery of the purchased products to the shipper indicated by the Seller in the Return Form, the Seller exempts you from any liability in case of loss or damage of products during transport.
7.6
If you decide to use a freight forwarder other than the one indicated by the Seller in the Return Form, you will have to pay firsthand the costs, at your expense, of returning the purchased products. Any liability will remain at your expense in case of loss or damage to the products during transport.
7.7
The Right of Withdrawal — in addition to compliance with the terms and procedures described in paragraphs 7.1, 7.2, 7.3 and 7.4 above — is deemed to be exercised correctly if the following are fully respected conditions:
• the return form must be correctly completed and sent to the Seller within fourteen (14) days of receipt of the products;
• products must not have been used, worn, washed or damaged;
• the identification tag must still be attached to the products with the disposable seal that forms an integral part of the goods;
• the products must be returned in their original packaging;
• returned products must be delivered to the freight forwarder within fourteen (14) days from the date on which you received the products.
7.8
If the Right of Withdrawal is exercised in accordance with the methods and terms indicated in this paragraph 7, the Seller shall refund any sums already collected for the purchase of the products according to the modalities and terms provided.
7.9
The sums will be reimbursed to you as soon as possible and, in any case, within thirty (30) days from the date on which the Seller became aware of the exercise of your right of withdrawal, we will provide activate the reimbursement procedures once the above terms and conditions have been verified correctly, as set out in paragraph 8. 7.10. If the methods and deadlines for exercising your right of withdrawal are not respected, as specified in this paragraph 7, you will not be entitled to reimbursement of the sums already paid to the Seller; However, you can reobtain, at your expense, the products in the state in which they were returned to the Seller. Otherwise, the Seller may withhold the products, in addition to the sums already paid for their purchase.
8. Reimbursement times and methods
8.1
After the return of the products, the Seller shall make the necessary checks regarding the conformity of the same with the conditions and terms indicated in paragraph 7. In the event that the checks are successful, the Seller shall send you, by e-mail, the relative confirmation of acceptance of the products thus returned.
8.2
Whatever the payment method used by you, the refund is activated by the Seller, as soon as possible and in any case within thirty (30) days from the date on which the Seller became aware of exercise of your right of withdrawal after verifying the correct execution of your right of withdrawal and acceptance of the returned products.
8.3
If there is no correspondence between the recipient of the products indicated in the order form and those who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be executed by the Seller, in any case, towards those who made the payment.
8.4
The return currency date is the same as the debit; as a result, you will not suffer any loss in terms of bank interest.
8.5
The Seller will indicate which freight forwarder to contact for the return of the products and will send the label to apply on the packaging for the return. In this way, you will be able to return the products to the Seller without paying the necessary expenses in person. In accordance with the methods and deadlines provided for exercising the right of withdrawal, this method allows the Seller to pay directly, on your behalf, the costs of returning the purchased products, freeing you from any obligation to pay to the freight forwarder. This method also allows you to check, at any time, where each package is located, freeing you from any liability in case of loss or damage to the products during transport
8.6
If you decide to use, for the return of products, a freight forwarder other than the one indicated by the Seller, you will instead have to pay the necessary expenses firsthand and will remain You are responsible for any liability in case of loss or damage to the products during transport, according to the procedures and deadlines for exercising the right of withdrawal.
Privacy
9.1
You can obtain information on how we process your personal data by accessing the Privacy Policy.
9.2
We also ask you to read, if you have not yet done so, our General Conditions of Use because they contain important information on how we process the personal data of our users and on the systems of Safety adopted.
9.3
For any other information on our Privacy Policy you can send requests to the following email address: customercare@queerbrand.it
10. Applicable law and dispute settlement
10.1
The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, on the Consumer Code, with specific reference to the legislation on distance contracts and Legislative Decree no. 70 of 9 April 2003 on certain aspects relating to electronic commerce.
10.2
In the event of disputes between the Seller and each end user, arising from the General Conditions of Sale, the Seller guarantees, as of now, full adherence and acceptance of the conciliation service ResolvionLine. RisolviOnline is an independent and institutional service, provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which allows to reach a satisfactory agreement, with the help of a conciliator neutral and competent, in a friendly and safe way, on the Internet. For more information on the rules of RisolviOnline or to submit a conciliation request, go to RisolviOnline.com.
11. Edit and update
The General Conditions of Sale are amended from time to time also in view of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on www.queerbrand.it.