E-Commerce Terms and Conditions

Supplier identification

The goods subject to these general conditions are offered for sale by ITALICO S.r.l.s., based in Milan (MI) in Via Montenapoleone 8, registered with the Companies’ Register of the Milan Chamber of Commerce, VAT number IT10283890969, hereinafter referred to as “Supplier”.

Art. 1
Definitions

1.1. The expression “online sales contract” means the purchase and sale contract relating to the Supplier’s movable tangible assets, stipulated between the former party and the consumer Purchaser, in the context of a remote sales system through IT tools, provided by Supplier.

1.2. The expression “Consumer Purchaser” means a consumer who is a natural person (purchasing on his own account) or a “Business Purchaser” (purchasing on behalf of any commercial or professional activity carried out).

1.3. The expression “Supplier” means the person indicated in the epigraph or the person providing the information services.

Art. 2
Object of the contract

2.1. With this contract, the Supplier sells and the Consumer Purchaser purchases remotely, respectively, through IT tools, the movable tangible goods indicated and offered for sale on the website www.italico-equestrian.com

Art. 3
How to stipulate the contract

3.1. The contract between Supplier and Consumer Purchaser is concluded exclusively through the Internet, through access of the Consumer Purchaser to the address www.italico-equestrian.com, where by following all indicated procedures, the Consumer Purchaser will formalize the proposal for the purchase of goods referred to in point 2.1 of the previous article.

Art. 4
Conclusion and effectiveness of the contract

4.1. The sales contract is concluded by expressing the will to purchase through a specific online button, and by successfully completing the payment transaction. In the case of on demand goods, the purchase contract is concluded by the acceptance by the purchaser of the estimate sent by the Supplier.

4.2. When the Supplier receives the order from the Consumer Purchaser, the Supplier will send a confirmation e-mail or display a printable web page, containing confirmation and summary of the order, and also featuring data recalled in the previous point.

4.3. The contract is not considered perfected and effective between the parties, if in default of what is indicated in the previous point.

Art. 5
Methods of payment and refund

5.1. Any payment by the Consumer Purchaser can only be made by means of one of the methods indicated in the specific web page by the Supplier.

5.2. Any reimbursement to the consumer Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Consumer Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 and following of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.

5.3. All communications relating to payments take place on a specific line for the Supplier, protected by an encryption system. The Supplier guarantees storage of this information, with an additional level of security encryption and in compliance with the provisions of all current personal data protection regulations.

Art. 6
Delivery times and methods

6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the consumer Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.

6.2. For standard and in-stock goods, shipping times may vary from the day of the order, to a maximum of 7 working days from its confirmation. In the event that the Supplier is unable to ship within this deadline, yet in any case, within the one indicated in the following point, prompt notice will be given by e-mail to the consumer Purchaser. As for “on demand” goods provided to the customer or object of an estimate, the delivery will take place within expiration of the agreed upon delivery term, or will be indicated in the estimate itself.

6.3. Shipping methods, times and costs are clearly indicated and thoroughly highlighted at www.italico-equestrian.com

Art. 7
Prices

7.1. All sales prices for products displayed and indicated on the www.italico-equestrian.com website are expressed in Euro (EUR), and are to consider as an offer to the public, in compliance with art. 1336 of the Italian Civil Code.

7.2. The sales prices referred to in the previous point are inclusive of VAT (applicable only for the countries of the European Community). Shipping costs and any additional charges (e.g. customs clearance or local VAT), if present and even if not included in the purchase price, must be indicated and calculated in the purchase procedure, before the order is placed by the Purchaser, and are also to be featured in the order summary web page.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue or in the dedicated offer.

Art. 8
Products Availability

8.1. Through its electronic system employed, the Supplier ensures processing and fulfillment of all orders, without delays. For this purpose, in the electronic catalog, it indicates in real time the number of products available and those which are not, as well as their related shipping times.

8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, will inform the consumer Purchaser by e-mail, on whether if the good is no longer available for ordering, or what are the waiting times to obtain the chosen good, asking if it is intended to confirm the order or not.

8.3. The Supplier’s computer system will confirm the order to be registered as soon as possible, by sending the User a confirmation by e-mail, as indicated in point 4.2.

Art. 9
Limitation of Liability

9.1. The Supplier takes no responsibility for disservices attributable to force majeure, if it were to fail to execute the order within the time frame stipulated in the contract.

9.2. The Supplier cannot be held liable to the Consumer Purchaser, except in the case of voluntary misconduct or gross negligence, for disservices or malfunctions related to Internet use outside of its own control, or that of its sub-suppliers.

9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Consumer Purchaser, as a result of non-execution of the contract for reasons not attributable to him, since the Consumer Purchaser is only entitled to a full refund of the price and of any accessory charges paid.

9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has adopted all precautions possible based on best current science and experience, and on the basis of ordinary diligence.

9.5. Under no circumstances can the Consumer Purchaser be held responsible for delays or errors in payment, if he proves that he has made the payment in the times and methods indicated by the Supplier.

Art. 10
Liability for defects, proof of damage and compensable damages: the Supplier’s obligations

10.1. Pursuant to art. 114 and subsequent of the Consumer Code, the Supplier is responsible for any damage caused by defects in goods sold, if he fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods.

10.2. The aforementioned request by the Damaged party must be made in writing, and must indicate the product that caused the damage, the place and date of purchase; it must also contain the viewed offer for the product, if it still exists.

10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product, if the defect is due to its conformity, to an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge at the time in which the manufacturer put the product into circulation, did not yet allow for the product to be considered defective.

10.4. No compensation will be due if the Damaged party was aware of the product’s defect and resulting danger, and nevertheless, if he or she voluntarily exposed him or herself to it.

10.5. In any case, the injured party must prove defect, damage, and causal connection between the two (etiological link).

10.6. Damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).

Art. 11
Guarantees and methods of assistance

11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods (with the exception of damage intentionally caused by the Purchaser by acting with willful misconduct or gross negligence).

11.2. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist:

• a) are suitable for the use for which goods of the same type are normally used;
• b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model;
• c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling;
• d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.

11.3. The Consumer Purchaser loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has recognized the existence of the defect or has concealed it.

11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.

11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, the refund of the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the request of the consumer Purchaser, he must indicate the methods of shipment or return of the goods as well as the deadline for return or replacement of the defective goods.

11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Consumer purchaser, he can request the termination of the contract. In this case, the Consumer Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.

11.8. In the same communication, where the Supplier has accepted the request of the Consumer Purchaser, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser’s responsibility to indicate how to re-credit the sums previously paid to the Supplier.

Art. 12
Obligations of the Consumer Purchaser

12.1. The Consumer Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.

12.2. The Consumer Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract.

12.3. The information contained in this contract has, however, already been viewed and accepted by the Consumer Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.

Art. 13
Right of withdrawal

13.1. In any case, the Consumer Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.

13.2. In the event that the Supplier has not satisfied the information obligations on the existence, methods and times of return or withdrawal of the goods in case of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.

13.3. If the consumer Purchaser decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt to the address VIA MONTENAPOLEONE 8, IT-20121 MILANO (MI) or by e-mail to the e-mail info @ italico -equestrian.com provided that such communications are confirmed by sending a registered letter with return receipt to the address of VIA MONTENAPOLEONE 8, IT-20121 MILAN (MI) within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the Parties.

13.4. Return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.

13.5. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.

13.6. The Supplier will refund the entire amount paid by the Consumer Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal.

13.7. With the receipt of the communication with which the Consumer Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.

Art. 14
Causes for resolution

14.1. The obligations referred to in point 12.1, assumed by the Consumer Purchaser, as well as the guarantee of the successful completion of the payment that the Consumer Purchaser makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial decision.

Art. 15
Protection of confidentiality and data processing of the consumer Purchaser

15.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 196/2003 and subsequent amendments introduced by the legislative decree n. 101/2018.

15.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier ITALICO S.r.l.s., data controller, are collected and processed in paper, computerized, IT form, in relation to the processing methods with the aim of registering the order and activating towards him the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service.

15.3. The Supplier undertakes to treat the data and information transmitted by the Consumer Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.

15.4. Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.

15.5. Rights of the Purchaser:

• a) updating, rectification or, when interested, integration of data;
• b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
• c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.

15.6. The communication of personal data by the Consumer Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser’s request cannot be processed.

15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.

15.8. Owner of the collection and processing of personal data is the Supplier, to whom the Consumer Purchaser can address, at the company headquarters, any request concerning the contract.

Art. 16
Method of archiving the contract

16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Consumer Purchaser that each order sent is stored in digital/paper form on the server/at the headquarters of the Supplier according to criteria of confidentiality and security.

Art. 17
Communications and complaints

17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: ITALICO Srls VIA MONTENAPOLEONE 8, IT-20121 MILANO (MI), or sent by e-mail to the following address info@italico-equestrian.com. The Consumer Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier’s communications to be sent.

Art. 18
Settlement of disputes

18.1. All disputes arising from this contract will be referred to the Milan Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.

18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.

Art. 19
Applicable law and referral

19.1. This contract is governed by Italian law.

19.2. Although not expressly provided for here, the provisions of law applicable to the relationships and cases envisaged in this contract are valid, and in particular art. 5 of the Convenzione di Roma of 1980.

19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.

Art. 20
Final clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.

*Prescriptions of the Privacy Guarantor – art. 154, 1 c) of Legislative Decree 196/2003 – Simplification of certain obligations in the public and private sectors with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Italian Gazzetta Ufficiale of July 1st, 2008, no. 152.

**General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Italian Gazzetta Ufficiale of June 21st, 2007, no. 142.