Allgemeine Geschäftsbedingungen

GENERAL CONDITIONS FOR ONLINE SALE

These terms and conditions govern the sale of Products on the https://www.alias.design website and regulate their use.

Alias Srl a Socio Unico reserves the right to modify these Terms and Conditions of Sale and the Privacy Policy from time to time, for example, as a result of changes to laws, regulations or website functions https://www.alias.design. 

The system of online sales of products on our site, which presupposes active intervention on the part of the customer, has been carried out in full compliance with the regulations on distance selling and in particular with Articles 49 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005, as amended and supplemented) and the Electronic Commerce Code Legislative Decree No. 70/2003. 

Below are the Terms and Conditions of Sale applicable to any Product sold on the https://www.alias.design Website.
 

ART 1. DEFINITIONS

The following are defined for the purposes of this contract:

Seller: Alias S.r.l. a Socio unico settled in Grumello del Monte (BG), Via delle Marine nr. 5, P.IVA 02176720163, Cod.Fisc.00843240169, e-mail: customerservice@alias.design;

Terms and Conditions or Contract: all the present contractual clauses that establish and define the relationship between Seller and Customer.

Platform or Website: https://www.alias.design.

Users: any party who accesses and continues to browse the Website.

Customer: any party who purchases the Products sold through the Website.

Consumer: a natural person acting for purposes other than professional or business activities in compliance with 3 del D. Lgs. 206, 6th September 2005.

Professional: a natural or legal person carrying out their business or commercial activity and purchasing with a VAT number.

Products: retail e-commerce sale of mainly furnishings and objects, described in Art. 3.

Purchase Order or Order: the purchase proposal made by the User through the Website procedures and in particular through the Cart.

Purchase: the purchase for payment of the Products mentioned in Art. 3 from the day of conclusion of the purchase.

Cart: the stage of the Purchase procedure in which Users submit the Purchase details, selecting the methods of payment, delivery of the goods and so on.

Electronic Commerce: a particular commerce, regulated in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract at a distance through the services of the information society without their simultaneous, physical presence. Given the distance, the delivery of products is not simultaneous and is usually by shipment through third-party operators (couriers/shippers).
 

ART. 2 SCOPE

These Terms and Conditions of Sale apply to the Alias Products referred to in Art. 3 and are valid between the Seller and any User who, as a Consumer in accordance with the applicable regulations or as a Professional, makes a Purchase on the Website. If any of the conditions are null and void, any invalidity or ineffectiveness shall not extend to the remaining provisions of these Terms and Conditions.

The Conditions must be carefully reviewed by the User before the purchase of Products. It is understood that the placing of the purchase order through the Site implies total and absolute knowledge of the Conditions and their full acceptance. Any exceptions to the Conditions will be effective only if agreed in writing between the parties. The Conditions are to be considered applicable and in force for as long as they are posted on the Site. Any changes to the Terms will be posted on the Site and will be applicable only to orders placed as of the day of their publication. 
 

ART. 3 PRODUCT DESCRIPTION

The information on products subject to distance selling through the site is provided in conformity with the laws in force and in particular articles 49 and 51 of the Consumer Code.

The purpose of the Website is the retail e-commerce sale of mainly custom furnishings, objects and similar. All the Products offered are described and illustrated in the respective sections of the Website. The Product images on the Website are for demonstration and illustrative purposes only and are represented in the best possible way. However, there may be some mistakes, inaccuracies, or minor differences between the graphical/photographic representation of the Product and the actual Product. Therefore, the Product photographs presented on the Website do not constitute a contractual element, as they are merely and symbolically representative of the Product being sold. The Seller does not guarantee, for example, the perfect and exact correspondence between the printed colour and the colour requested by the Customer. The User therefore expressly agrees that any differences between the depictions of the Products on the Website and the Products actually delivered can only be challenged if they are substantial. 

The Seller is consequently not responsible for any inadequacy of photographic representations of the Products due to the above technical reasons. In such cases or in the case of receiving a product other than the one ordered, the customer may only return the product within the terms of the withdrawal period in Article 9.
 

ART. 4 PRICES AND ANCILLARY COSTS

Consumer Customer: the Product prices are specified on the Website. Specifically, the following details will be given in the Cart - the Product price (i) and any other taxes, if payable (ii);

Professional Customer: the Product prices are specified on the Website. Specifically, the following details will be given in the Cart - the Product price is VAT excluded.

Online store prices may be subject to variation. In such cases, the prices published at the time of the Order on the online store shall be considered. In any case, possible price changes will not affect orders for which the seller has already sent an order confirmation. The prices shown on the catalog and product detail pages are rounded up; only within the cart and checkout process are detailed prices visible, including references to taxes, shipping fees, and any promotions or discounts.

In the event that due to unforeseeable inconveniences or technical failures independent of the seller's will, the price indicated on the site should be manifestly lower than the price actually applied to the product, the seller will contact the customer as soon as possible, who may choose whether to (I) pay the difference in price to the seller, thus receiving delivery of the good, or (II) request and obtain the immediate cancellation of the order, resulting in the refund of the price already paid. 
 

ART. 5 REGISTRATION

In order to make purchases on the Website store, Users can choose to purchase as a Guest or to register by entering personal information.

Users who want to register on the Website must provide all the details requested on the Registration Form and are responsible for the truthfulness and accuracy of the information.

In the case of registration, at the time of data entry, Users guarantee that:

- they are adults and have legal capacity;

- they meet the registration requirements at the time of registration;

- they comply with all legal and contractual provisions applicable to these Terms and Conditions;

- they are the legitimate owner of the data entered, which should be considered true, correct and up to date.

An account is opened on registration. In cases of abuse, the Seller reserves the right not to accept the registration, to revoke the registration as well as to submit a report for action by the competent authorities. Temporary e-mail addresses cannot be used for registration. All data provided will be processed in full compliance with data protection legislation. The Seller will use the information exclusively to complete the Orders and, only if explicit consent is given to do so, the data may also be processed for the purpose of providing information about its initiatives, such as news or promotional discounts.

If you are an Eu citizen, you have the right to permanently delete your account by contacting us at the following e-mail address: customerservice@alias.design. With the final deletion of the account, the non-public personal data associated with your account will also be deleted.

In the case of purchasing products as a guest: only those details that are essential to process your Order will be requested from you. Upon completion of the purchase process, you will be offered the option to register as a user or continue as an unregistered user.
 

ART. 6 PURCHASE PROCESS AND CONCLUSION OF SALE

For the Purchase of Products, the Customer must fill in and send the Purchase Order form to the Seller in electronic format, following all the instructions given on the appropriate page of the Website. A summary of the main trading conditions and a link to the Terms and Conditions will be provided. The Customer must put the Product to be purchased in the “Cart” and, after having read the Terms and Conditions, with particular reference to the contribution to shipping costs, to the ways of exercising the right of withdrawal, and to the Privacy Policy, will need to select the desired payment method and make the payment. During the Order phase, the Customer must send complete and correct information. The applicable Terms and Conditions are those in force at the time of the Order, which can be found on the Website. 

The contract entered into between the Seller and the Customer shall be considered concluded on acceptance of the Order by the Seller. 

At any time and before the purchase is finalized with shipment, the Customer has the option to cancel the order at no charge. To make any changes and/or corrections to the order, the User must follow the relevant instructions contained on the Site.

The purchase order transmitted by the Customer through the Site has the value of a contractual purchase proposal, binding only on the Customer. However, the Seller reserves the right to evaluate the acceptance of the Orders received and may reject or not process Purchase Orders that are incomplete or incorrect, or in the case of the unavailability of Products or the delivery of the ordered Products to certain inconvenient geographical areas. The Seller will notify the Customer by e-mail if it is unable to accept the Orders received as soon as it can after the Customer has submitted the Order and will refund any amounts already paid by the Customer in payment for the Products. Any right of the Customer to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect harm/damage to people and/or things caused by the Seller's non-acceptance, including partial, of an Order is excluded.

The Customer will receive an order confirmation e-mail that will contain: (i) the Customer's data, (ii) the order number, (ii) the price of the purchased goods, (iv) the shipping costs and the delivery address to which the goods will be sent. The Customer undertakes to verify the correctness of the personal data contained therein and promptly notify the Seller of any corrections.

In the order confirmation e-mail, the Customer will also receive the link to download and store a copy of these Conditions, as provided for in Article 51, paragraph 1, of Legislative Decree 206/2005 (Consumer Code).

Pursuant to Article 12 of Legislative Decree 70/2003, as well as Articles 50-51 of Legislative Decree 206/2005 (Consumer Code), we inform the Customer that each of his orders sent online will be stored and archived in digital and/or paper format at the Seller, according to appropriate criteria of confidentiality and security. For any copies or other requests in this regard, the Customer is invited to contact the Seller at the following email address customerservice@alias.design. The Customer is also invited to store on its device, in appropriate digital format, (i) the order confirmation, (ii) the shipping confirmation and (iii) these Online Terms of Sale, printing them.  
 

ART. 7 PAYMENT METHODS

Payment by the Customer can be made by credit card or active PayPal account. The following credit cards are accepted:

- Mastercard,

- American Express,

- Visa and Visa Electron,

- Maestro International,

- Diners Club,

- Discover,

- JCB,

- UnionPay.

Customer's credit card will be charged or if the payment method chosen is PayPal, the charge will be made upon confirmation of the Order.

Credit cards will be subject to verification and authorization by the credit card issuer, but if such entity does not authorize payment, we will not be responsible for any delay or non-delivery and will not be able to finalize any Contract with You. 

Completion of the order process shall be deemed to have effectively occurred, following completion of the payment transactions, once the Customer is redirected to the page on the Site bearing confirmation of acceptance of the order.

The Product(s) shall remain the property of Seller until Seller has received full payment for such Product(s).
 

ART. 8 PRODUCT SHIPPING AND DELIVERY TIMES

The Seller will deliver the purchased Products through specialist carriers, from Monday to Friday, excluding public and national holidays. The Products, if in stock at the time of the Order, are shipped within 5-10 working days. The timescales indicated above are purely indicative and not binding. Any variation to the above will be promptly communicated to the Customer by e-mail.

The cost of delivery to street level is free of charge. If the Product can be shipped by express courier, at the time of shipping the Customer will receive notification of the shipment by e-mail with the tracking number. If the Product is entrusted to a carrier, the Customer will be contacted by telephone to arrange delivery. The Customer must check that the packaging is clean and intact and that the Products received correspond to what was purchased. If a Product arrives that has been damaged during transport or different from the one ordered, the Customer must accept the delivery with reservation and accurately document the steps of unpacking the goods with photographs in order to be able to demonstrate any damage. The Customer can request a replacement from the Seller by e-mail and will be contacted as soon as possible regarding the time frame for the replacement of the Product. In case it is not possible to accept the package with express reservation, the customer is asked not to accept the shipment.
 

ART. 9 RIGHT OF WITHDRAWAL

All Purchases made by Consumer Customers on the Website, are covered by the right of withdrawal, which gives the right to return the purchased Product for any reason and receive a refund within 14 days, as stated in the Consumer Code Art. 52. 

If the time limit for exercising the right of withdrawal expires on a Saturday, Sunday, or a holiday, it shall be deemed extended until the first business day that follows.

To exercise this right within 14 working days of the delivery date of the goods, it is sufficient to inform the Seller of the desire to withdraw in whole or in part from the Purchase by means of any explicit declaration:

Once the withdrawal is communicated, the Customer must arrange the shipment of the goods in 14 days. 

The shipment to the Seller’s premises must occur in the original packaging, undamaged and in perfect condition, complete with all the parts and carefully packed. The Customer may use any shipping method of their choice for the shipment, provided that it is appropriate for the transport of the Product or, alternatively, use the transport service offered by the Seller through specialist carriers. The Customer can send a specific request to the Seller for the related costs. The package must include all the documents received. COD parcels will not be accepted. The only costs required are the charges to return the Product. 

On receipt of the goods, once the integrity of the returned Product has been verified, the Seller will refund the cost of the shipped goods. The costs incurred for the return of the goods are excluded from the refund. The transport risks for the return of the Products shall be borne in full by the Customer, as well as the costs necessary for the return of the Products. 

The refund will take place, at the earliest and, at the latest, within 14 (fourteen) days following the date on which the Seller received the notice of withdrawal. Pursuant to Article 56, paragraph 3, of Legislative Decree 206/2005 (Consumer Code), the Seller may withhold the refund until it has received the product subject to withdrawal or until the consumer has demonstrated that he or she has returned the goods, whichever situation occurs first. The Seller will make such refund using the same means of payment used by the Customer for the initial transaction, unless expressly agreed with the Customer on another means of payment and provided that this does not result in additional charges. To this end, the Customer authorizes Alias S.r.l. a Socio unico to retain its bank details and payment information for as long as necessary to exercise the right of withdrawal.

Without prejudice to the above and in compliance with the Consumer Code Art. 57, it should also be noted that the Customer is liable for any reduction in the value of the Products resulting from any handling of the goods other than that necessary to establish their nature, characteristics and working order.

The Customer expressly acknowledges and agrees that:

- the right of withdrawal does not apply to Products received more than 15 business days ago (in this case the return of the goods will be refused).

- in the case in which the purchased Products have been assembled, even partially, and the assembly has caused damage to the Products themselves, for example, mechanical damage caused by assembly or disassembly or signs of use, the Seller reserves the right to refuse the right of withdrawal or the right to charge the costs for damaged parts. 

- in the case that the product is dirty or has been washed. 

In such cases, Alias will promptly notify the Customer of damages and non-conformities found upon receipt of the returned product. The amount charged to the Customer, which in any case may not exceed the price paid for the purchase of the item, will be deducted from the refund due to the Customer.

The right of withdrawal does not apply to Professional Customers.
 

ART. 10 LEGAL GUARANTEE

10a) Legal Guarantee for the Consumer Customers. Consumer Customers are entitled to a 2 (two) years legal guarantee in compliance with Art. t. 128, 129, 133, 135 septies and following of the Consumer Code and its changes. 

If Products are received that do not conform to the Orders or are defective, the Customer must notify the Seller by e-mail, with any photographs and further details. Proof of purchase is required to benefit from the guarantee.

Under penalty of forfeiture of this warranty, the purchaser has the burden of reporting any defects and non-conformities̀ no later than 2 (two) months after discovery.

In the event of a lack of conformity of the goods, the consumer shall be entitled to:

- the restoration of conformity,

- or a proportional price reduction,

- or termination of the contract.

In order to restore the conformity of the goods, the consumer may choose between repair and replacement, provided that the solution chosen is not impossible or excessively onerous for the Seller, taking into account:

- the value of the asset without the defect (i),

- the extent of the defect (ii),

- the possibility of pursuing an alternative solution without inconveniencing the Consumer (iii).

The restored or replaced products enjoy the warranty of the remaining warranty period of time. 

In cases expressly reviewed by art. 130 of d. lgd nr 206/2005 (Consumer Code) the Consumer is entitled to a proportional price reduction or contract termination.

If the contract is terminated, it is exercised by direct declaration to the seller (in the same manner as for the right of withdrawal under Article 9). If the lack of conformity concerns only some of the delivered goods, the contract may be terminated limited to them.

In the event of termination, the Consumer:

- must return the goods to the Seller at the Seller’s expense,

- the Seller shall refund to the Consumer the price paid for the item on receipt of the goods or of the evidence supplied by the Consumer that the goods have been returned or dispatched.

10B) Legal guarantee for the non-consumer (professional) customer. The professional customer, as defined in Article 3 of the Consumer Code, has the right to make use of the legal guarantee provided for in the Civil Code. This warranty provides, among other things, that the professional, under penalty of forfeiture, shall report to the Seller any defect found in the purchased product within 8 (eight) days of discovery. The above legal warranty is valid for the maximum term of 12 (twelve) months from the delivery of the product. Beyond this term, Alias, therefore, will not be responsible for the defects found by the professional. In order to take advantage of the warranty, Alias recommends the customer to show the purchase document. 
 

ART. 11 FORCE MAJEURE

The Seller shall not assume any responsibility for poor service attributable to force majeure which prevents, in whole or in part, the performance of the contract within the time limits. 

Are considered as such, events beyond the control of Alias, which the latter could not reasonably have expected at the time of the conclusion of the contract of sale such as, but not limited to, war (declared or undeclared) or threat or preparation for war, riots, insurrections, strikes, and problems in the supply of the Seller attributable to third-party suppliers. The Seller shall inform the Customer of the occurrence of the event of accident or force majeure as soon as it is reasonably possible to notify the Customer. In the event that the suspension of the service should extend for a period longer than 60 (sixty) days, starting from the date of communication by the Seller of the existence of the fortuitous event and/or force majeure event, the Customer will have the opportunity to cancel the order placed and will be refunded the amounts already paid.

The Seller shall not be liable to Customers for any damage, losses and costs incurred as a result of the lack of or delayed execution of the contract, the Customer being entitled only to the refund of the price paid.
The Seller shall not be liable for damage resulting from any disconnections or interruptions of the Website, and for any resulting loss of data that can be attributed to this.
 

ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website (and its content and graphics, logos, images, texts, slogans, video), the trademark, the domain name, its sub-domains and all intellectual and industrial property rights relating to these are the sole property of the Seller, are limited to the Seller and are not and will not be transferred or granted under licence to the Customer under any circumstances. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute the Websites and/or the Contents of the Website, or retransmit these to other websites, transfer or otherwise make them available to third parties in any way or otherwise use them for purposes other than retention and/or consultation, without the prior express and formal approval of the Seller.
 

ART. 13 FAILURE TO EXERCISE A RIGHT

The failure of the Seller to exercise a right does not constitute a waiver of any action against the Customer or against any third party for the breach of any commitments entered into. The Seller therefore reserves the right to enforce its rights in any case, under the terms granted.
 

ART. 14 PROCESSING OF PERSONAL DATA

The Personal Data supplied or acquired will be processed according to the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with the laws in force 2016/679 (il “Regolamento”) and the applicable national norm (Cod. Privacy and its last changes D.lgs. 101/2018).

In accordance with the provisions of the “Information Technology and Freedoms” Act of January 6, 1978, as well as the Regulations, the User/Customer has the right to access, rectify, limit, and, if necessary, delete his or her data and information.

The Customer is therefore invited to carefully read the notice on the processing of personal data (Privacy Policy) provided in accordance with EU Regulation 679/2016, as well as the notice on the use of cookies with the relevant consent to processing where requested (Cookie Policy).
 

ART. 15 APPLICABLE LAW AND COURT OF JURISDICTION

These Terms and Conditions shall be governed entirely by the Italian law and subject to Italian jurisdiction. 
 

ART. 16 DISPUTE RESOLUTION

In accordance with Art. 49, paragraph 1, letter V of Italian Legislative Decree 206/2005 (Consumer Code), Consumer Customers can make use of the Joint Mediation Procedure (ADR in Italy).

According to Art. 14 of EU Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint through the European Union’s ODR platform. This platform is active at the following web address https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
 

ART. 17 COMMUNICATIONS

For more information of any kind, please can contact the Seller at the following tel. number: +39 331 5791529

Any official communication sent to the Seller, like claims, are valid only if sent to: 

The Customer indicates when registering on the Site, or if accessing as a Guest on the order confirmation form, his or her residence or domicile, relevant telephone numbers and e-mail address at which communications from the Seller will be sent.