General conditions of sale

The following “General Conditions of Sale” provide the user of the www.comelato.com (respectively the “Website” and the “User”) with the terms and conditions for executing sales and purchase agreement of the products manufactured and/or distributed (the “Products”) by Luxury Italian Home di Alessia Comelato, with registered office in Via Fornace, 75 - 30033 Noale (Ve) Italy, VAT n. 04419540275 (“Luxury Italian Home” and/or the “Seller”)


Registration

Registering at the Website is not necessary, nevertheless the registration is required for the purchase of the Products through the Website.
The registration and creation of an account is completely free of charge and offers the chance to record the credit card data in order to execute easier and faster purchases, to keep an address book, to review the purchases chronology and to modify the information regarding the invoicing and the shipping.
Moreover by accepting this General Condition of Sale, the User recognises that Seller is not responsible for issuing incorrect fiscal documentation due to wrong data provided by the User upon registration, being the latter the only liable subject for their correct filing.
Upon filing of the first request of activation of the account, the User shall be provided by Luxury Italian Home with a user name and a password. The User recognizes that such identification data represent the access validation system to the Services.
The User shall keep its user name and password confidential, at his own risk.


General Condition of Sale

The navigation and filing of a Products’ purchase order through the Website shall be deemed as acceptance of this General Condition of Sale and of the Data Protection Policies applied by the Website.
The User is invited to carefully read the contents of this General Condition of Sale, being them applied to the sales of Products executed through the Website www.comelato.com, therefore.
The User is invited to download and print a hardcopy of the purchase form and of the General Condition of Sale, which might be subject to modification at any time and without warning, at complete discretion of the Seller.


Object

This General Condition of Sale shall rule the sale and purchase of Products executed through the Website. The Products shall be sold and delivered only to Users established within the countries indicated in the purchase order form.


Subjects

The Products are sold directly by Luxury Italian Home. For any information please contact the Seller at the following email address: info@comelato.com.
This General Condition of Sale rule the offer and acceptance of the Products’ orders on the Website. The User expressly recognizes that this General Condition of Sale do not rule the supply of services by third parties which might be present on the Website by mean of links, banner and /or other form of hyper textual links.
The User acknowledges that the purchase of Products can be performed only by individuals who are is at least 18 years old. The User therefore expressly declares to be major of age and to be entitled to execute binding agreement.
The User shall not make use of fake, fancy and/or invented names in the registration procedure, in the purchase of Products nor in any further communication. In the interest of its clients, the Seller shall be entitled to legally pursue any violation and/or abuse of such rule.
In order to execute the purchase of one or more Products, the User shall file the relative online purchase order (the “Order”) and supply it to the Seller.
The Order shall include:

  1. a link to this General Condition of Sale, indicating the terms for returning the purchased Products and the conditions for exercising the right of termination by the User;
  2. information and imagines of each Product along with the relative price;
  3. the payment means usable by the User;
  4. the Products’ delivery terms and the relevant shipment costs.

It remains understood that, the images and graphic representations of the Product within the Website are for illustration purposes only. The Seller shall not be deemed liable for any discrepancy between such imagines and the actual Products aspect.



SHIPPING & TAXES

Shipping

The delivery times indicated refer only to the items available and will run from the moment of shipment of the item itself.
Should the delivery not take place due to force majeure not attributable to the Seller, there will be no obligation to repay and / or return the seller.
By registering at www.comelato.com you will be able to easily check the order status.
The shipping costs are as follows:
Through UPS courier:

  • € 10.00 on all shipments under € 300.00 in Europe
  • € 0 on shipments over € 300.00
  • € 19.00 on all shipments under € 300.00 in US / Canada
  • € 0 on shipments over € 300.00

Shipment shall be executed in 1-5 days in Europe.
The User who requires a fast service shall have to choose the kind of delivery by the morning of the next day with a € 19.00 charge under € 300.00 and € 10.00 above.
The deliveries for US / Canada takes place in 2-3 days. working.


Taxes

Fees and duties, where provided, shall be borne by the User.



DELIVERY & RETURNS

Return Policy

In accordance with the Seller’s policy, the User shall be entitled to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the Products.
Should the User purchase multiple Products with one order which are delivered separately, the 14 day period starts from the date of receipt of the last Product.
Should the User return the Products in accordance with the following provisions, he/she will be entitled to the refund of the price paid for the Products which is returned (the shipping costs not included).
Should a pre-paid label be used, the reimbursement costs will be deducted from the refund.
For the delivery to be accepted, all Products must be returned under the original conditions. The Products shall not be worn or washed and be in condition that they can be put on sale.
Returned or replaced Products must be accompanied by the original invoice, all packing items, tags, and any accessories and/or instruction manuals.
No refunds or changes will be allowed if the returned Products are incomplete, damaged or stained.


Return Methods

The User wishing to exercise the right of withdrawal must inform the Seller by mail at info@comelato.com.
The User shall provide for the shipment of the Products to the Seller within 5 (five) days from the withdrawal notification.


Refund in case of withdrawal

Provided that the User withdrew within the abovementioned terms, he/she shall be reimbursed of the paid Products’ price, excluding the shipping and packaging costs, which shall remain chargeable to the User and which shall be quantified at a time.
The refund of the price shall be executed by the Seller within 14 (fourteen) days from receipt of the Products.
Should the returned Products be damaged or worn out, the Seller may withhold from repayment an amount corresponding to their decrease in value.


Return in case of incorrect, defective or damaged item

Should the User receive a damaged, non-compliant, defective and/or incorrect Product, he/she shall be entitled to request the reimbursement of the Products’ price, within 14 (fourteen) days from the receipt of the order. Alternatively, The User shall be entitled to opt for replacement of defective Products.
To apply for a refund, the instructions under the “Refund in case of withdrawal” section shall be applied, indicating as a specific cause “Incorrect, Defective and/or Non-compliant Product” and attaching one or more images of the Product in question, where the defect is clearly visible.
Once the procedure is completed, the User shall receive a confirmation e-mail of the return and all instructions for shipping. The Seller reserves the right to repay the defective Products only after having carried out the appropriate quality checks to verify the actual non-conformity of the returned Product.
Should the non-conformity be established, the Seller will refund the price and/or provide for the shipment of the Product’s replacement, within 14 (fourteen) days from the receipt of the returned Product.



LEGAL NOTICE

Warranty

The Seller is liable for any defect of the Products offered on the Website, including non-compliance of the items with the ordered Products, in accordance with the provisions of European law.
If the User executed a Product’s purchase in his/her quality of consumer (i.e. for purposes other than business and/or professional activities), this warranty is valid provided that:
i) the defect occurs within 24 months from the date of delivery of Products;
ii) the User presented a formal complaint about the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
iii) that the online return form is properly filled out.
The User shall be entitled to obtain the repair of the Product without charge, by means of repair or replacement, to obtain an appropriate price reduction, or to terminate the Product’s purchase agreement with the consequent repayment of the price.


Applicable Law

The Product’s purchase agreements and these General Conditions of Sale shall be governed by and construed in accordance with the Italian law.
For any dispute between the Seller and the User arising out or connected with this the Product’s purchase agreements and these General Conditions of Sale regarding in particular, but without prejudice to the generality of the foregoing, its conclusion, execution, validity, breach, termination and determination of damages, which cannot be settled amicably, the exclusive competent jurisdiction shall be the Court of Venice, [Italy], provided that it shall be open to the Seller to enforce the mentioned Product’s purchase agreements and these General Conditions of Sale in the competent jurisdiction of the User’s state.