TERMS AND CONDITIONS OF USE
The following general conditions regulate the online purchases performed by means of the web site shop.colareb.it by individuals residing in the following country: EUROPE/USA/UK
- GENERAL PROVISIONS back to top
- These general conditions of sale apply to all distance sales of “Colareb® ” products carried out through the shop.colareb.it website.
- Distance selling services described in these General Conditions are only available to consumers being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).
- The language used to enter any contract through this Website is English.
- Clients are required to carefully read the General Conditions, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts with the Clients will be archived by Colareb® with access for the Clients via the Website through their account.
- Contracts entered into with Colareb® (as defined below) through the Website are governed by Italian Law.
- IDENTIFICATION OF THE VENDOR back to top
- The vendor is Colareb®
Colareb s.a.s. di Rebiscini Fabio
- INFORMATION ON PRODUCTS AND THEIR AVAILABILITY back to top
- Information on Products, along with the relevant product codes, are available on the Website.
- The Products available on the Website are a selection of items normally available in stores. Not all Products described on the Website are or will be available from all Colareb® stores.
- All the Products are subject to availability. Colareb® reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.
- PRICE back to top
- The prices of the Products are indicated on the Website in UERO and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
- Colareb® regularly verifies that all the prices displayed on the Website are correct, however, cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Colareb® shall offer the Client the opportunity to purchase the Product at the correct price or to cancel the order.
- The information displayed on the Website does not represent an offer by Colareb®.
- PURCHASES back to top
- The essential characteristics and the price of each Product are provided for each Product displayed on the Website.
- If Clients need to correct any errors in data they have entered, they should follow process provided on the Website, before sending their order proposal. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.
- By sending an order proposal to Colareb®, the Client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these General Conditions.
- METHOD OF PAYMENT back to top
- Clients may pay for the Products and the relevant delivery charges by PayPal.
- The transactions will be debited from the Client’s credit card only after:
- the credit card data has been verified;
- the authorisation to debit the card has been received from the issuer of the card used by the Client;
- the availability of the Product has been confirmed by Colareb® and the order is therefore ready to be fulfilled.
- No debit shall be made at the moment of transmission of the order proposal.
- In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.
- CONCLUSION OF THE CONTRACT back to top
- The contract between Colareb® and the Client shall be deemed to be executed at the moment that the Client receives confirmation from Colareb® that his/her order proposal, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card. The Client’s order proposal shall be binding on Colareb® when the Website purchase procedure is completed without error.
- Colareb® reserves the right to partially fulfil any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited.
- Colareb® shall not be liable for errors due to the Client’s connection to the Website.
- At the moment of confirmation of the order or execution of the contract, Colareb® shall provide the Client, by email, a summary of the General Conditions, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges. The Client should immediately review this communication and notify Colareb® of any errors or omissions immediately.
- INVALIDITY OF THE ORDER PROPOSAL back to top
- Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by Colareb® nor shall any contract be concluded between Colareb® and the Client if Colareb® has reasonable reason to believe that the Client:
- intends to purchase the Products for commercial or professional purposes;
- is not a bona fide Client;
- attempts to exercise a right of cancellation in any illegitimate manner.
- In such cases, the order proposal sent by the Client shall be void and have no effect. Colareb® shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.
- TRANSPORT AND DELIVERY back to top
- For security reasons, Products purchased from the Website shall be delivered to the address registered on the credit card unless otherwise indicated by the Client. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery. Colareb® cannot deliver to PO boxes.
- For each order, Colareb® shall invoice the Products by email or by post to the Client. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after it has been issued.
- Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
- All purchases shall be delivered by a selected courier service (e.g. UPS Express) (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, from the day after order proposal confirmation, on the basis of the indicated availability. Colareb® is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
- In all cases, except those of events beyond the reasonable control of Colareb® or unforeseeable circumstances, Products shall be delivered within 30 (thirty) days from the day following that of the contract conclusion as per Paragraph 7.1 above , unless Colareb® notifies the Client, including by email, within the same term or by the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, Colareb® shall reimburse any sums paid by the Client in respect of the order.
- In the event that, in response to Colareb®'s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order, with the exception of personalised Products, which are subject to Paragraph 12 below.
- The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:
- that the number of items being delivered corresponds to that indicated on the delivery note;
- that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.
- DISPATCHING AND DELIVERY CONFIRMATION back to top
- Colareb® shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.
- WRAPPING OR PACKAGING back to top
- Products purchased from the Website are delivered with the same Colareb® standard packaging as provided in Colareb® stores.
- RIGHT OF CANCELLATION OF ORDERS back to top
- Colareb® seeks the complete satisfaction of its Clients. The Client has the right to cancel the contract without specifying any reason, by returning the Products purchased from the Website within 10 (ten) working days of the date the Products were received. This applies to all Products other than the personalised ones, which are subject to Paragraph 12.
- To exercise the right of cancellation, the Client should email the following to email@example.com:
- an indication of his/her intention to exercise the right of cancellation;
- an indication of the products for which the client wishes to exercise the right of cancellation;
- the order number.
- Upon exercising the right of cancellation, Colareb® shall reimburse the full price of the Products provided that they are returned by the Client unworn, unused and undamaged, accompanied by the relevant original invoice and the original Colareb® packaging. Colareb® shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or adhesive or seal is intact and attached to the Product.
- Colareb® reserves the right to refuse returns of Products that do not comply with these requirements. In cases of defective Products, the provisions of Paragraph 15 “Lack of conformity” shall apply. Reimbursements shall be made by the same method of payment used for purchase.
- The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.
- Colareb® undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order.
- Colareb® shall send a notification email once the reimbursement has been made.
- It is recommended that the Products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. Colareb® cannot be responsible for reimbursement or compensation of Products returned but not received by Colareb® due to loss, theft or damage that is not attributable to Colareb®.
- If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to firstname.lastname@example.org This e-mail must be sent before the Client receives confirmation of dispatch by Colareb®.
- Colareb® shall make every effort to satisfy the Client’s request. However, once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these General Conditions. This Paragraph does not affect your statutory rights as a consumer.
- REPLACEMENT OF PRODUCTS back to top
- Colareb® allows Clients to replace Products purchased on the Website.
- To replace a Product purchased on the Website, Clients should follow the procedure set out below.
- Clients who are not fully satisfied, or who believe there is a discrepancy in their order must keep all the documentation relating to the delivery and the Product itself in its original packaging, and immediately contact Colareb® by email at email@example.com, following the procedure set out in Paragraph 12 above.
- The Product to be replaced must be received by Colareb® in its original conditions as when delivered, as provided in Paragraph 12.3.
- Under the replacement procedure, the amount paid by the Client shall firstly be reimbursed, through the payment system used by the Client for the purchase, as set out in Paragraph 6, before the new transaction can be made.
- To replace a Product, Clients must fill in the form, clearly indicating the code and the size of the new Product that the Client wishes to receive.
- The placement of the new order is subject to the availability of the Products requested.
- Delivery costs for the return of the Product are borne by the Client.
- In the event that the Client is seeking replacement due to lack of conformity pursuant to Paragraph 14 below, the replacement Product shall be sent to the Client by courier without any additional delivery charge.
- LACK OF CONFORMITY back to top
- If a Product sold by Colareb® has manufacturing defects or in any case of alleged lack of conformity of Products sold by Colareb®, the Client must immediately contact Online Support by email to firstname.lastname@example.org, or by post to the following address:
Colareb s.a.s. di Rebiscini Fabio
- The Client has the right to have the Products brought into compliance free of charge by repair or replacement, or, in case of failure of one of the remedies above, to have an appropriate reduction made in the price of the Products, or the contract cancelled.
- ERRORS OR INACCURACIES back to top
- Colareb® undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, Colareb® cannot guarantee the Website will be error free.
- The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. Colareb® reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.
- GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS back to top
- Colareb® guarantees the authenticity of all Products purchased on the Website. Products bearing the Colareb® trademark are produced with the best materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY.
- Colareb’S LIABILITY back to top
- Subject to Paragraph 17.2, Colareb® will not be liable under these General Conditions for any loss or damage caused by Colareb® or its employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to the Client by Colareb® or by any of Colareb®’s employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach and so is an indirect or consequential loss;
- any increase in loss or damage results from breach by the Client of any term of these General Conditions.
- Nothing in this agreement excludes or limits Colareb®’s liability for:
- death or personal injury caused by Colareb®’s negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- efective products under the Consumer Protection Act 1987;
- any other matter for which it would be illegal for Colareb® to exclude or attempt to exclude its liability.
- APPLICABLE LAW AND COMPETENT JURISDICTION back to top
- These General Conditions are governed by English law and shall be interpreted in accordance with Italian laws.
- Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client/consumer.
- CONTACTS back to top
- For assistance in purchasing online or more information about Colareb® products on shop.colareb.it , you may contact the Colareb® Client Assistance e-mail address: info.colareb.it
Our Client Assistance is available by phone between 10 AM - 1 PM and 3 PM - 7 PM (CET), Monday through Friday.
- You can reach Colareb® by post mail at:
Colareb s.a.s. di Rebiscini Fabio
All other information requests in Europe can be sent to the following address email@example.com.