Terms and conditions of use

Welcome to Colognese 1882’s official web store, one of the main online retailers of luxury fashion.
Our legal head quarter is in Via Roma, 4 - 31044 Montebelluna (TV) Italy Tel. +39 423 300830 Fax +39  423 602795, C.F./P.IVA 01993410263  N. REA TV-183263.
The access and the use of this e-commerce web site www.Colognese.com (from now on referred to as the “Website”), as well as the purchase of products from the company Colognese S.r.l. (from now on referred to as the “Seller”) presuppose having read, knowing and accepting the following General Conditions of Sale.

The present General Conditions of Sale will apply when a purchase of products will be made through the Website by users qualifying as “Clients” and the Seller and are governed by online sales agreements Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree no. 70/2003.

General Conditions of Sale

The following General Conditions of Sale regulate all sale contracts finalized between the Seller and the Client through the Website.
Every purchase is regulated by the General Conditions of Sale in the version published on the Website at the time of the order by the Client.
The Client is required to view the following General Conditions of Sale and accept them, in particular the pre-contractual information, before confirming the order.

When transmitting an order, the Customer accepts that the confirmation of the information about the order and these Terms and Conditions of  Sale are sent via e-mail to the address stated when signing in on the Website, or during the purchasing process.
In order  to purchase through the Website, the Customer must have the legal age (18 years).
Any costs for the Internet connection to the Website, including the telephone, are the sole responsibility of the customer according to the rates applied by the operator selected by the customer.

The Customer, prior to the conclusion of the purchase contract, examines the features of the goods that are described in the individual product data sheets at the time of selection by the customer.
Prior to the conclusion of the purchase contract and before the confirmation of the order with "payment obligation", the customer is informed regarding:
- Total price of the goods inclusive of taxes, with details of postage and any other costs;
- Mode of payment;
- The period within which the seller agrees to deliver the goods;
- Terms, conditions and procedures for exercising the right of withdrawal;
- The existence of the legal guarantee for goods purchased;
- Terms of after-sales service and commercial warranties provided by the Seller.
The Customer may at any time before the conclusion of the contract, take note of information concerning Colognese S.r.l. , geographical address, phone number, email address, information that is reported, including the following:
Colognese S.r.l. Via Roma, 4 - 31044 Montebelluna (TV) Italy Tel. +39 423 300830 Fax +39  423 602795 customercare@colognese.com, C.F./P.IVA 01993410263  N. REA TV-183263

Features of products and their availability in different geographical areas

Products are sold with the characteristics described on the Website and in accordance with the terms and conditions of sale posted on the Website at the time of the order by the Customer, to the exclusion of any other term or condition.
The Seller reserves the right to change these terms and conditions of sale at any time at its sole discretion, without providing prior notice to Users of the Website. Any changes will be effective from the date of publishing on the website and will apply only to sales concluded on or after that date.
Prices, products for sale on the Site and their characteristics, are subject to change without notice. Before sending the purchase order, the customer is asked to verify the final sale price.
Site users can access all over the world, and the Website may contain references to products that are not available or can not be purchased in the country of the visitor to the Site.
The Products purchased on the Website are available only to users who, in the section of the website dedicated specifically, require the delivery in one of the countries that are listed on the site.

Completion of contract

The offers on www.colognese.com are not binding on the Seller and do not constitute an offer to the public, but simple ‘invitatio ad offerendum’.
The order of the customer has the value of a binding contract. The order is accepted by the Seller with a receipt sent via e-mail, which contains a list of the conditions of sale, a description of the product features, the essential elements of the contract (price, mode of payment).
The Products displayed on the Website are purchased by selecting them and by inserting them into the cart. Once the Client has selected the Products and wants to purchase those placed in the cart, the customer will be asked to provide the data required in order to allow the completion of the Contract. In particular, the Customer will be required to provide their personal details: e-mail address,  address for the delivery of the Products, billing address, tax code/ fiscal code and a telephone number where the customer can be contacted in order to inform him of the possible date of delivery of the Products. If the customer opts for the mode of payment by credit card, he will be required to communicate the details of the credit card via secure connection. For accounting and administrative purposes the Seller reserves the right to verify the details given by the customer. In case of payment by credit card, the purchase amount will be charged to the customer after the order is completed on the site. The Customer may pay for the Products ordered through one of the payment methods indicated on the Website.
Under art. 51 of the Consumer Code, we inform the customer that the order entails the obligation to pay.

Payment

The Seller accepts payment by Paypal and Credit Card. Prices shown on the Site are in Euros and are inclusive of VAT unless you have selected an alternative country where VAT is not chargeable.
Customers purchasing from an Extra-Cee country will be charged for the items purchased (VAT excluded) and shipping costs only.

Please note that orders shipped outside of the European Community are served as DDU (Delivered Duty Unpaid) and may be subject to tax and customs duties.

We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
Please be aware that some shipments may experience delays due to the customs clearance process, which are outside of our control.
You can pay using the following methods:

PAYPAL
- If you are already a PayPal customer, you can log in with your details and confirm the payment.
- If you don't have a PayPal account, you can pay with your credit card (Visa, MasterCard, Maestro, American Express, Diners) without creating an account.

CREDIT CARD
Payments via Visa, MasterCard and Postepay are accepted. The system checks whether the card uses the 3D-secure, Verified by VISA or MasterCard SecureCode security programs and requests a password.

Guarantee

Under the European Directive 44/99/EC and the Italian Legislative Decree n. 206/2005 (Consumer Code) and the rules and regulations referred to in Articles 128, 129, 130, 131, 132, 133, 134, 135 and subsequent amendments to the Decree. 206/2005, under which the Seller guarantees to the Customer, who qualifies as a “Consumer”, that the Products will be free from defects in design and material and conform to the descriptions posted on the Site. The application of any guarantee does not apply in case the use or the cleaning of the product does not comply with the instructions and warnings provided by the Seller and/or in the description on the tags or labels.
The Customer will examine the products in the shortest possible time and will send to the Seller, by e-mail or registered mail, an explicit complaint with an indication of the defect and/or non-compliances identified, and the relevant documentation as indicated in the return form (at least one photograph of the product, the order confirmation sent by the Seller and the receipt).
Following the receipt of the form and accompanying documentation, the Seller will assess the defects or non-compliance reported by the customer and, after making quality checks to verify the non-conformity of the Product, will, at their discretion, decide whether to authorize the return of the Product by the Customer, contacting the Customer via e-mail at the address provided by the latter during the process of registration on the Site.

Authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, existence of which will be confirmed after the return.

The Products for which the Seller has authorized the refund will be sent by the Client, together with a copy of the return authorization within 14 days of notification of the defect or non-conformity to the following address:

Colognese S.r.l.
Via Roma, 31044 Montebelluna (TV) Italy

Delivery of goods

Colognese S.r.l. entrusts its shipments to DHL courier from Monday to Friday, from 9:00 to 16:00.

Orders received (with the exception of those placed on weekends) are processed within the next working day, and then entrusted to the courier.
Once the order has been entrusted to the carrier, delivery times are 1-2 working days for Italy, 2-5 working days for the rest of the world, with some exceptions.
As soon as DHL takes charge of the package, the customer will receive the tracking code of his shipment via email and can then monitor the same through the DHL portal www.dhl.it.
The presence of the customer or his representative is required for the delivery of the goods.
If the customer is not present at the time of delivery, he will receive an email from DHL through which it will be possible to reschedule a second delivery attempt.
If the package received is damaged or not intact, the customer is invited to accept the delivery "with reserve" and to immediately contact the Colognese S.r.l. customer service through the email customercare@colognese.com.
After 3 days from the date of delivery, the package will be considered normally delivered.

Please note: If for any reason, an order from colognese.com is not successfully delivered to the Customer’s address due to a lack of cooperation from the client (wrong telephone number, wrong address, absent at address, non-compliance with import regulations) as per the commercial agreement, the package risks being sent back to Italy at the Customer’s expense including any import fees that may be assessed. These fees will be deducted from any eventual reimbursement.

Delivery Charges

Couriers do not perform their service during the following holidays: 1 and 6 January, Easter and Easter Monday, 25 April, 1 May, 2 June, 15 August, 1 November, Christmas, 26 December.

For shipments outside the European Union, any taxes and customs fees are charged to the customer.

The shipping cost displayed during the order is calculated based on standard rates. Please note that for return shipments, customer-paid fees may undergo variations

Availability of the goods

If the item purchased by the Customer is no longer available, he/she will receive written notice at the same time as the total refund of the order.
Any requests to change the shipping address and / or personal data must be communicated to customercare@colognese.com, and are possible until the order is processed. Any type of modification requested subsequent to the Customer's receipt of the email with the order tracking code will not be taken over.

Return conditions

Right of withdrawal

Pursuant to art. 49, paragraph 4, the Customers, qualifying as Consumers, have the right to withdraw from the contract, without indicating the reasons, within 14 days from when the Consumer or a third party appointed by him has received the Product.
Customers who purchase with a VAT number cannot exercise the right of withdrawal.

Return procedure

The return request of one or more items of an order can be made within 14 days from the delivery of the order and the shipment to the Reseller must take place within 14 days after receiving the instructions and the waybill for the return.

The customer is required to send a written communication about the intention to return the item to customercare@colognese.com, specifying the order code and the item he intends to return, consequently he will receive the instructions to make the return.

The return is however subject to the following conditions:
- the Product must be returned to the Reseller, intact, unused, washed, stained or damaged and must be returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, to put it in a second box, on which to write down the address of the Reseller;
- the Product must be returned to the Reseller with all the original labels and identification tags affixed to it;
- in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided.
The Reseller reserves the right to verify full compliance with the conditions indicated above and returns that do not comply with the conditions indicated above cannot be accepted or refunded.

The costs of returning the return (customs duties) are charged to the customer.

Once the integrity of the product has been verified, the refund process will start and can take up to 7 working days.
If the product is not damaged, the refund will be made using the same payment method used when placing the order; in the case of a bank transfer, the customer is required to communicate, during the return request phase, also the bank details on which to re-credit the amount.
If the customer has received an item other than the one ordered, he is required to promptly contact customercare@colognese.com reporting the anomaly found; after the appropriate checks, the Reseller will arrange for the return and replacement / refund of the same.

Product Liability

The provisions laid down in Directive 85/374 / EEC regarding damage caused by the product, apply. The Seller, as the distributor, is freed from responsibility by indicating the name of the manufacturer.

Sale Price Adjustment Policy

We can't offer price adjustment on products originally purchased in a sale or on any special promotion products that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price match will be offered should the item be further marked-down.

Safety

The user data is protected to the extent possible against loss, falsification, manipulation and misuse by third parties. We guarantee: - the highest level of reliability and safety to assure customers that the site is secure - that the information submitted through the web browser or other devices remain confidential. For further information of a legal nature relating to the treatment and protection of user data, please read the Privacy Policy of the site.

Force Majeure

The Seller shall not be liable in the event of a total or partial default of its obligations arising from any contracts concluded under the present general conditions of sale, if such failure is caused by unpredictable events and/or natural events beyond its reasonable control, including, without limitation but not limited to, catastrophic natural events, acts of terrorism, war, riots, lack of electricity, the general strike of workers in public and/or private, strike and / or restrictions on the viability of couriers and air links.

Governing Law and Jurisdiction

Any contract of sale concluded between the Seller and the Customer in accordance with these general conditions of sale shall be governed by, and construed in accordance with, Italian laws. In any case, they will be granted without prejudice to any further rights granted to Customer by mandatory provisions of law in force in the State of residence of the latter.
Any disputes will be settled by the Court in Treviso, except in cases where such provision are not applicable due to the mandatory rules of law in force in the country of residence of the customer.

Validity of Clauses

The headings of the terms used here are purely indicative and have no effect on the identification of the contents and interpretation of this contract.
These General Conditions of Sale shall not affect the rights conferred by Italian law to the Consumer.
In the event that any provision, or part of any provision, of these terms and conditions, should be held to be invalid because it is inconsistent or contrary to the rule of law,  all other provisions of this Agreement, or parts of the same provision, shall remain in full force and effect.

Final Provisions

The Customer acknowledges that he or she has not been induced to accede to this contract by prior oral statements.
If any of these Terms and Conditions should be invalid or become invalid at a later date, this does not affect the validity of the remainder of this contract. In this case, the invalid clause is replaced with a term that represents it as closely as possible in intent and economic purposes or with the appropriate legal provisions. The Seller reserves the right to amend these terms and conditions at any time. The amended general terms and conditions are made available on the website https://www.colognese.com