Identification of the Seller
Art. 1 - Definitions
1.2. The term “Purchaser” means the consumer who performs the purchase under this agreement, for purposes not related to their commercial or professional activity.
1.3. The term “Seller” means the subject named in the epigraph or the lender for information services.
Art. 2 - Object of the contract
2.1. With this contract, respectively, the Seller sells and the Purchaser buys at a distance through telematic means consumer goods shown and offered for sale on the website www.lagarzarara.com
2.2. The products referred to above are explained on the website
Art 3 – Natural characteristics of the products
3.1 - All the products sold on this website are a result of artisanal processes that transforms raw leather into a durable product fit and safe for use. Leather is therefore a natural material that may present slight variations of colour, shade, markings, tones, grains and textures between different hides and also within the same leather hide. These variations are not considered defects but rather a guarantee of the authenticity of such product.
3.2 - The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on this website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor.
Art. 4 - Methods of awarding the contract
4.1. The contract between the Seller and the Purchaser is concluded exclusively through the Internet by access of the Purchaser at the website, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of goods defined in paragraph 2.1. of the previous article.
Art. 5 - Conclusion and effectiveness of the contract
5.1. The purchase agreement is concluded by correctly filling the form and the consensus expressed at the registration form during the checkout. This procedure, existing only after viewing a printable web page order summary, is followed by a summary with information of the order and orderer, the price of goods purchased, shipping costs and any additional charges, terms and conditions of payment, the address where the goods will be delivered, delivery estimations and the right of withdrawal.
5.2. When the Seller receives the Purchaser’s order, he will provide an e-mail confirmation or the display of a printable webpage confirmation and order summary in which are also reported the data in the previous point.
5.3. The contract is not perfected and effective if there is any fault between the parties regarding the previous point.
Art. 6 - Methods of payment and refund
6.1. The payment by the Purchaser can be made exclusively by one of the methods indicated by the Seller in the specific website page.
6.2. Any refund will be credited to the Purchaser by one of the methods proposed by the Seller and chosen by the Purchaser in a timely manner and, in case of the right of withdrawal, as governed by art. 14, paragraph 2 and following of this contract, at the latest within 30 days from the date in which the Seller is aware of the withdrawal.
6.3. All communications concerning the payments are made on a specific Seller’s line protected by an encryption system. The Seller guarantees the storage of this information with an additional layer of encryption security and in accordance with the provisions of the current legislation regarding the protection of personal data.
Art. 7 - Times and methods of delivery
7.1. The Seller will deliver the products selected and ordered in the manner chosen by the Purchaser or listed on the website, as confirmed in the e-mails referred to in paragraph 5.2.
7.2. The dispatch of the order will be completed within a maximum of 2 business days from its confirmation. In the event that the Seller is unable to ship within that period, it will be given prompt notice to the Purchaser by e-mail.
7.3. Manner, timing and shipping costs are clearly stated and well highlighted at our Shipping and Payments page.
Art. 8 - Prices
8.1. All sales princes of the products shown on the website www.lagarzrarara.com are expressed in Euro and are offered to the public pursuant to art. 1336 c.c.
8.2. The sales prices indicated in the previous point, include VAT and any other taxes. Shipping costs and any other charges (e.g. customs clearance) which are not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser has forwarded the order. Moreover, they are listed in the summary webpage of the order.
8.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalogue.
Art. 9 - Availability of the products
9.1. The Seller assures, through the electronic system used, the processing and fulfilment of the orders under the terms established without further delay. To do so, the Seller indicates in real time, in its electronic catalogue, the number of available and unavailable products.
9.2. If any order exceeds the amount of stock, the Seller will inform the Purchaser by e-mail if the item cannot be booked anymore or the amount of waiting time to get the item chosen, asking whether he confirms the order or not.
9.3. The computer system of the Seller confirms in the shortest time the order registration sending an e-mail confirmation to the User, according to paragraph 5.2.
Art. 10 - Limitations of responsibility
10.1. The Seller assumes no responsibility for disruptions caused by force majeure, if not able to execute the order within the time stipulated in the contract.
10.2. The Seller shall not be responsible for the Purchaser, except in cases of wilful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside or its control or its sub-suppliers.
10.3. The Seller will not be responsible for any damages, losses or costs incurred by the Purchaser as a result or breach of contract for reasons not attributable to him, as the Purchaser shall only be entitled to a refund of the price paid and any additional charges incurred.
10.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, when payment for goods purchased, if it proves that it adopted all possible precautions based on the best science and experience of the moment and according to ordinary care.
10.5. In no event shall the Purchaser be liable for any delay or disruption in the payment if he or she proves that he or she made the payment in the same time and manner as specified by the Seller.
Art. 11 - Liability for fault, proof of damage and recoverable damages: the seller’s obligations
11.1. Under articles 114 and following of the Consumer Code, the Seller is liable for damage caused by defects of the goods if it fails to inform the injured, within three months of the request, the identity and address of the manufacturer or the person who supplied him with the good.
11.2. The above request, made by the injured party, must be written and must indicate the product that caused the damage, the place and date of purchase. It should also contain the offer with the goods on approval, if it still exists.
11.3. The Seller shall not be considered responsible for the consequences resulting from a damaged product if the damage is due to compliance of the product, to a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, not even allowed to consider the product as defective.
11.4. No compensation will be payable if the injured party was aware of the defect in the product and the danger entailed by it and yet has voluntarily exposed.
11.5. In any case, the damaged must prove the defect, damage, and the causal relationship between defect and damage.
11.6. The damaged may demand compensation for damage caused by death or personal injury or destruction or deterioration of property other than the defective product, only if the product is intended for private use or consumption, and so was used by the injured.
11.7. Damage to property in Art. 123 of the Consumer Code will be, however, compensable only to the extent that exceeds the sum of Euro three hundred eighty-seven (€ 387).
Art. 12 - Guarantees and conditions of service
12.1. The Seller is liable for any lack of conformity, which becomes apparent within the period of two years from the delivery of the goods.
12.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) are appropriate for the purposes for which the goods of the same type usually serve; b) the goods comply with the description given by the Seller and possess the qualities of the goods which the Seller presented to the Purchaser as a sample or model; c) the goods show the quality and usual performance of the goods of the same type, which the Purchaser can reasonably expect, given the nature of the specific good and, where appropriate, the public statements on the specific characteristics of the goods made about them by the seller, by the manufacturer or his agent or representative, particularly in advertising or labelling; d) the goods are also suitable for their intended use by the Purchaser; the use should be made known to the seller at the time of the conclusion of the contract and the Seller should have accepted, also implicitly.
12.3. The Purchaser has no right to the Seller if he does not denounce the lack of conformity within a period of two months from the date on which the defect was discovered. The complaint is not required if the Seller has acknowledged the existence of the defect or has concealed it.
12.4. In any case, unless proved otherwise, it is assumed that the defects that occur within six months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
12.5. In case of lack of conformity, the Purchaser may ask, alternatively and without expenses, under the conditions specified below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request does not result objectively impossible to satisfy or it is prohibitively expensive for the Seller under Art. 130, paragraph 4, of the Consumer Code.
12.6. The request should be written and sent by registered mail with return receipt to the seller, who will indicate their willingness to act on the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Seller has accepted the request, the Seller has to indicate the method of delivery or return of the goods as well as the deadline for return or replacement of the defective goods.
12.7. If the repair or replacement are impossible or excessively expensive, or the Seller has not taken steps to repair or replace the goods within the period indicated in the previous paragraph or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the Purchaser may request, according his own choice, a fair price reduction or termination of the contract. The Purchaser shall in such case send his request to the Seller, who will indicate his willingness to act according to the request, or the reasons that prevent him from doing so, within seven working days of receipt.
12.8. In the same communication, where the Seller has accepted the request, the Seller must indicate the reduction of the proposed price or the arrangements for the return of the defective goods. In such cases the Purchaser must indicate how the crediting of amounts previously paid to the Seller occur.
Art. 13 - Obligations
13.1. The Purchaser agrees to pay the price of the goods purchased in the time and manner specified by the contract.
13.2. The Purchaser agrees, once the online purchase process is concluded, to print and handle the conservation of this contract.
13.3. The information contained in this contract have been, however, already examined and accepted by the Purchaser, who acknowledges it, as this step is mandatory before the purchase confirmation.
Art. 14 - Right of withdrawal
14.1. The Purchaser has in any case the right to cancel the contract without penalty and without giving any reason, within 14 (fourteen) working days, counted from the date of receipt of the goods purchased.
14.2. If the Purchaser decides to exercise the right of withdrawal, he or she shall notify the Seller by registered mail with return receipt, using the appropriate form provided, at the following address: La Garzarara srl unipersonale, based in Via Emilia 34/A 63821 Porto Sant’Elpidio (FM), or via e-mail: email@example.com.
14.3. The return of the goods must take place no later than 30 (thirty) days from the date of receipt of the asset. In any case, to be entitled to a full reimbursement of the price paid, the goods must be returned intact and in normal condition.
14.4. The Purchaser may not exercise this right of withdrawal for tailored or clearly personalized goods, according to Art. 55 of the Consumer Code.
14.5. The only expenses due by the Purchaser to exercise the right of withdrawal in accordance with this Article are the direct cost of returning the property to the Seller.
14.6. The Seller will refund the entire amount paid by the Purchaser within 30 (thirty) days of receipt of notice of withdrawal.
14.7. Upon the receipt of communication by which the Purchaser announces the exercise of the right of withdrawal, the Parties to this agreement will be dissolved by mutual obligations, except as provided in the preceding paragraphs of this Article.
Art. 15 - Causes for a resolution
15.1. The bonds referred to in 13.1, assumed by the Purchaser, as well as security for completion of the payment that the Purchaser completes using the means of point 5.1, and also the exact fulfilment of obligations assumed by the Seller in section 6, are essential, so that, by express agreement, the failure of one of these obligations, if not determined by accident or force majeure, will result in the resolution of the contract under ex Art. 1456 c.c., without any judicial decision.
Art. 16 - Privacy and data processing of the Purchaser
Art. 17 - Archiving the contract
17.1. Under Art. 12 of Legislative Decree no. 70/2003, the Seller informs the Purchaser that every order sent is archived in digital form on the server according to confidentiality and security criteria.
Art. 18 - Communication and complaints
18.1. Written communication addressed to the Seller and any complaints will be considered valid only when sent to the following address: La Garzarara srl unipersonale, Via Emilia 34/A 63821 Porto Sant’Elpidio (FM), or sent by e-mail to the following address: firstname.lastname@example.org. The Purchaser shall indicate in the registration form his residence or domicile, his telephone number or e-mail address to which he or she wishes to be noticed by the Seller.
Art. 19 - Dispute settlement
19.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Fermo and resolved according to the Conciliation Rules adopted.
19.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is the place of residence or the Purchaser’s elective domicile, mandatory pursuant to Art. 33, Par. 2, let. u) of Legislative Decree no. 206/2005.
Art. 20 - Applicable law and reference
20.1. This contract is governed by Italian law.
20.2. As far as not expressly provided, the rules of law that are applicable to the relations and to the specific cases are described in this agreement, and in particular in Art. 5 of the Convention of Rome of 1980.
20.3. Under Art. 60 of Legislative Decree no. 206/2005, it is hereby expressly invoked the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005. Form for exercising the right of withdrawal form under Art. 49, par. 1, lett. h) of Legislative Decree n. 21 of 2014.