Terms of sale
LAST UPDATED: January 2022
The sale of products via the www.colmar.com website will be performed directly by Digital Boite S.r.l. with registered offices at Via Cusani n. 5 – 20121 Milano, tax identity number 03796760365, social capital of 100,000.00 Euro (hereafter “the Company”).
By placing an order, the Customer makes a purchase offer for the product which is bound by the following Terms and Conditions.
Users who access the site and wish to purchase the products on sale therein may do so only if they are natural persons whose aims in accessing www.colmar.com (hereafter referred to as the “Website’’) are unrelated to any commercial, entrepreneurial or professional activity they may carry out (hereafter the “Customer”). If the user does not possess such requisites, the sale may not be completed and/or accepted.
All orders are subject to availability and confirmation of the order price. Shipping times may vary on the basis of availability in stock, and any guarantees or forecasts related to shipping times are restricted to Italy and subject to possible delays due to the postal service or force majeure, for which we shall not be held liable. The Customer must be at least 18 (eighteen) years of age and hold a valid credit card or debit card issued by a bank the Company considers reliable, or lawfully hold an account/PayPal account, in order to enter into an agreement with the Company. The Company reserves the right in any case to refuse the order. If the order is provisionally accepted, the Customer shall be informed by e-mail at the address provided by the Customer. When the Customer makes an order, they undertake to ensure that all of the details provided are true and exact, that the Customer is authorised to use the credit or debit card used to make the order and that there are sufficient funds to cover the full value of the purchase. The cost of products and services for the foreign market (outside of Italy) might be different, depending on the trade policies of the destination country. All the specified prices may be subject to such variations. Prices are quoted in the currency of the country of reception.
1. ORDERS AND ACCEPTANCE
When the Customer places an order, they will receive confirmation by email. This email is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The contract will not be completed until the Company has sent confirmation by email that the products ordered by the Customer are available and have been shipped. The final contract will include only the number of goods specified in the confirmation email sent at the time of shipping. The Company reserves the right to reject any Orders from a Customer with whom it is currently or has previously been involved in litigation and/or a dispute concerning a previous Order. The same also applies in all cases where the Company deems the Customer to be unsuitable, including but not limited to cases in which the Customer has previously breached the Terms and Conditions, for any other reason, in particular where the Customer has been involved in fraudulent activities of any nature.
2. WARRANTIES AND SPECIFICATION OF PRODUCT PRICES
Only products bearing the registered Colmar trademark are offered for sale on www.colmar.com. The Company does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. Colmar brand products purchased on www.colmar.com are sold directly by the Company. The essential features of the products are shown on www.colmar.com on each product information sheet. The images and colours of the products offered for sale on www.colmar.com may however not correspond to the actual ones owing to the Customer’s Internet browser and monitor used. Purchase requests from countries that do not appear in the “SHIPPING” section cannot be accepted. All products are fitted with an ID tag attached using a disposable seal. The Customer may not remove the tag and seal from purchased products since they form an integral part of the product. If the Customer exercises the right to withdraw, the Company has the right not to accept returned products which have missing ID tags, whose essential and quality characteristics have been altered or tampered with, or which are damaged.
3. PRICE AND AVAILABILITY
The prices of products may be subject to change. The Customer must check the final sales price before submitting the relevant order form. Whenever applicable, prices include VAT. Where applicable, delivery costs will be added separately. These additional costs shall be clearly indicated when they apply and shall be included in the “total cost”.
The Company reserves the right to activate a specific section of the Website in order to sell products belonging to commercial seasons prior to the current one, by applying – if necessary – a special discount.
Without prejudice to what is stated above, the evident error in the price on the category pages and/or on the product profiles as compared to the commonly known price of the selected product gives the Company the right to not confirm shipment and to immediately reimburse the purchase value the Customer has paid without the customer being entitled to make any objections to it.
The Customer will however be promptly notified by the Company’s Customer Services department.
The Customer may pay using one of the methods listed in the “Payments” section of the Website.
In the case of credit card payments, the Customer making the payment confirms that they are the holder of the credit card that has been used. Once the order has been received, the Company will perform a standard pre-authorisation check on the details provided and payment method chosen by the Customer in order to ensure that there are sufficient funds to complete the transaction. Products will not be shipped until this pre-authorisation check has been completed. Credit cards will be subject to verification and authorisation by the issuer. If the issuer delays or does not authorise payment, the Company will not be liable for any delayed delivery or non-delivery.
A pre-charge will then be applied to the Customer’s debit/credit card and the order will be provisionally accepted. The Customer’s credit/debit card will be debited for the actual payment, which includes the purchase price of the products and shipping charges (if applicable) as indicated in the order form, when the final order leaves the Company’s warehouses. A confirmation email containing all of the order details and delivery terms will be sent to the email address provided by the Customer.
In the case of credit card payments, the Customer’s financial information (for example, credit/debit card number or expiry date) will be sent via an encrypted protocol to the banks providing the remote payment services. Such information will never be used by the Company, except to complete procedures relating to the Customer’s purchase and to issue any refunds in the event that products are returned, if the Customer exercises their right of withdrawal, or if it becomes necessary to prevent fraud on the Website or report it to the relevant authorities.
In the case of payments via Scalapay, the Customer will receive their order immediately and will pay in 3 instalments. The Customer acknowledges that payments using this payment method will be made to Incremento SPV S.r.l., to related parties and to their transferees, and authorises this transfer.
Shipping and handling charges will depend on the country to which goods are to be sent and the delivery times that the Customer requests. Please go to the “Orders and Shipments” section to see a list of shipping and handling rates and terms of delivery. The transfer of ownership of the products will take place at the time of actual delivery to the customer. As soon as the Company has delivered the goods to the address supplied by the Customer, via a special express courier service, the latter will become liable for them, even in the event of any loss or damage they may occur from the time of shipping onwards.
Customers are asked to refuse the package if it has been tampered with or in poor condition when delivered, and to promptly notify our Customer Service department. We will check immediately and issue a swift reply.
6. RIGHT OF WITHDRAWAL AND RETURN – EX ART. 64 AND SUBSEQUENT D.LGS 206/2005 AND SUCCESSIVE MODIFICATIONS D.LGS 21/14
The Customer has the right to terminate the contract, without needing to provide any reason and without incurring any fines, within 30 working days of receiving the products. In order to exercise the right of withdrawal, the Customer must inform the Company of its decision to withdraw from the agreement in an explicit written declaration. To do so, the Customer must fill out the return form online and ensure that the products are in the same condition in which they were received, with all the warranty seals still attached. The Customer should send the package after attaching the pre-printed, prepaid label to the original box (or another, equally sturdy one) in such as way as to cover the original label bearing the Customer’s address. The Customer should send back the goods to the address on the pre-printed label, without unaccounted delays and within 30 (thirty) working days from the date on which the Customer issued notification of withdrawal from the agreement. The term shall be observed if the Customer returns the Products before the expiry of the previously mentioned 30-working day period. The Customer should book the items to be returned by contacting the courier agency that delivered the package in order to arrange a collection date and time. The Customer will only be able to send returned items from the country in which the order was placed. If the Customer’s return does not meet the terms and conditions listed above, it will be rejected and will not be refunded.
After the products have been returned, the Company shall perform all necessary assessments of their conformity with the terms and conditions set out herein. If the checks are successfully concluded, the Company will send the Customer an email confirming acceptance of the returned items. Whatever the payment method used by the Customer, the Company will make the refund no later than 30 days after the date that the goods are received. Refunds may be suspended until the returned items are received by the Customer or until confirmation is received that the items have been dispatched.
If the product recipient indicated on the order form does not match the person who made payment for the amounts due for their purchase, the Company will make the refund – in the event that the right of withdrawal is exercised – to the person who made payment. The Company uses the couriers given in the “Returns and Refunds” section for product returns. The Customer may return the products to the Company without having to personally sustain the necessary expenses by shipping through these couriers, using the pre-printed adhesive label attached to the package containing the product. In accordance with the methods and terms of the right to withdrawal, this method allows the Company to make a direct payment on behalf of the Customer for the expenses of returning purchased products, releasing the Customer from any obligation to pay the courier. This method also makes it possible to assess where each package is at any time, releasing the Customer from any liability in the event of loss or damage of the products during shipment. If the Customer decides to use a forwarding agent other the one specified by the Company for returning the products, the Customer will instead have to personally pay the necessary expenses, and will be held liable should the products become lost or damaged during shipping, in accordance with the methods and terms governing the right of withdrawal.
8. PRODUCT ID TAG
All products sold by the Company include an identification tag attached with a disposable seal, which forms an integral part of the product. The Company invites the Customer to try on the product without removing the ID tag or its seal, since any products returned without these will not be accepted.
9. DISCOUNT CODES
Discount codes for individual account holders or general promotional discount codes may periodically be offered at the Company’s discretion. The account discount codes may be applied only after purchases are made using the account for which a discount code has been offered and registered and for the time period for which they are granted, and only once the transaction has been completed. Promotional discount codes may be applied to all purchases or specific purchases made through the website. Methods and any restrictions on use of a discount code will be communicated by the Company in the same message notifying the existence of said discount code.
10. THE COMPANY’S RESPONSIBILITY TO THE CUSTOMER
11.GENERAL TERMS AND CONDITIONS
The agreement between the Customer and the Company is subject to Italian law. Failure by the Company or the Customer to exercise – or exercise too late – the rights under this contract will not preclude their exercise thereafter, subject to legal requirements. If any provision contained in the contract should be found to be invalid or not applicable by law, this clause will be removed without the remaining terms being affected.
Il mancato o il ritardato esercizio da parte della Società o del Cliente dei diritti sanciti dal contratto, non ne precluderà l’esercizio in seguito, salvo i termini di prescrizioni di legge.
For further explanations regarding these terms and conditions the Customer can contact the Company’s Customer Service department.