Conditions of sale
The object of the following “General Conditions” is the purchase of products, carried out remotely via the Internet at www.augustamilano.it, belonging to AUGUSTAMILANO.IT of Alessandro Giuseppe Busso, below Augusta Milano with registered office in Via Cavour n. 30, 20098, San Giuliano Milanese, P.I. 07685040961, registered at the Business Register of Milan, REA n. 1975592 and operating office at Via Cavour 30, 20098, San Giuliano Milanese.
Acceptance of the general conditions of sale
1) The contract between Augusta Milano and the Customer shall be concluded with the acceptance, even partial, of the order by Augusta Milano. This acceptance is tacit, unless otherwise notified by any modality to the customer. By placing an order in the manner provided, the Customer declares to be conscious of all the information provided during the purchase process , and accept the general conditions and payment transcribed below.
2) If the customer is a consumer ( ie a person who buys goods for purposes not related to his professional activity ), once the online purchase procedure will be complete, he must print or save anycase an electronic copy of these general conditions of sale , in compliance with the requirements of Art. 3 and 4 of Dlgs 185/1999 concerning on distance selling.
3) It excludes any right of the Customer to damages or compensation , and any contract or tort liability for direct or indirect damages to persons and or property, caused by the rejection or non evasion, even partial, of an order.
4) The Customer may only order products in the electronic catalog of Augusta Milan at the time of the order and viewable online at (URL) https://www.augustamilano.it, as described in the relevant information sheets.The picture accompanying the description of a product may not be fully representative of its features and may differ in color, size, and accessories from the original.
5) Correct order reception is confirmed by Augusta Milano by an e-mail sent to the address provided by the customer. The response is generated automatically by the system and can not be regarded by itself as acceptance of the order, but only as confirmation of receipt of the same. This confirmation message will contain date and time of the order and a 'Customer Order Number', for use in any further communication with Augusta Milano. The message will include all data entered by the customer who agrees to verify the correctness and to communicate any corrections, as described in this document. If successfully received the order can be viewed by the customer on the Augusta Milano's site in the "Order History".
6) In case of non-acceptance order, Augusta Milano shall promptly notify to the customer.
Methods of payment
7) In case of purchase of goods with credit card payment, simultaneously with the conclusion of the online transaction, the reference bank will authorize the charge amount of the purchase.
7.1) In case of cancellation, either by the Customer or in the event of non-acceptance of the order by Augusta Milano, Augusta Milano will require the cancellation of the transaction and the release the amount involved.
The timing of release, for certain credit cards, depend exclusively on the banking system and may reach to their natural expiry (typically 24-25 days from the date of authorization). In case of cancellation of the transaction, under no circumstances Augusta Milano can be considered responsible for any damages, direct or indirect, caused by delay attributable to banking system.
7.2) In the event that the customer's order is shipped after the date of expiry of the authorization, Augusta Milano will contact the customer before the order fulfillment to request a new authorization or to arrange different payment methods.
7.3) Augusta Milano reserves the right to request to the customer additional informations (eg. fixed telephone number) or to require copies of documents demonstrating the ownership of the card used. In the absence of the required documentation, Augusta Milano reserves the right not to accept the order.
7.4) To ensure greater security and safety of the client, during the whole purchase process Augusta Milano can at no time have access to the information about the buyer's credit card, transmitted via secure connection directly to the bank that handles the transaction. No archive of Augusta Milano retains such data. Under no circumstances Augusta Milano can be held responsible for eventual fraudulent use of credit cards by third parties, upon payment for goods purchased on Augusta Milano.
8)If you already have a PayPal account and you decide to buy in this way, after submitting your order you will be redirected to the PayPal checkout page (safe and secure transaction SSL) where you just need to enter your login PayPal credentials.
If payment is successful, PayPal will immediately charge the amount of your purchase in your account and send the same confirmation of your order.
At no time during the purchase process we are can access to the information related to your credit card or other arrangements entered in your PayPal account. In some cases, our customer service may contact you to request additional information to determining the actual ownership of PayPal account. In this case, the time of shipment, shall be effective from the conclusion of the controls.
In all cases of termination of the contract and subsequent cancellation of the order, the amount of your purchase will be credited back to your PayPal account at the same time. The methods of crediting the payment instrument connected to the PayPal account depends exclusively on PayPal.
9) You can pay through your smartphone with Satispay the amount of your order placed on Augusta Milano. For users the service is completely free, there is no charge for registration, sending or receiving payments. After sending the order you will be redirected to the Satispay checkout page (safe and secure transaction SSL) where you simply enter your phone number to make the payment. The service is available only for Italy.
Methods and delivery costs
10) The Augusta Milano website can receive orders for delivery throughout the European Union. The shipping costs will be calculated during the checkout process and communicated to the customer.
11) For every order placed on Augusta Milano, Augusta Milano issue delivery order or, for customers who have and enter their VAT number during checkout, invoice of the goods shipped, sending it via e-mail to the customer, under art 14 D.P.R. 445/2000 and DL 52/2004. For issue the invoice we will refer to the data provided by Customer. No change in the invoice will be possible after its issuance , nor will it be possible to issue an invoice after the order fulfillment or if the customers fail to supply their VAT number when placing the order.
12) No responsibility can be attributed to Augusta Milano in case of odelay or delivery of the order.
13) Unless otherwise specified by our customer service the delivery is considered to the street level. Upon delivery of the goods by the courier, to the customer is required to check that:
> the number of packages delivered match to the indication in the transport document;
> the packaging is not damaged, or wet or otherwise altered, including the sealing materials (adhesive tape).
Any damage to the packaging and or to the product or the mismatch in the number of packages or indications, must be immediately reported, pointing out the "ACCEPTED WITH RESERVE" mark on the delivery receipt of the courier. Once signed the document courier, Customer shall not make any objection on the external characteristic of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days from delivery, as provided in this document.
14) In case of failure of the delivery, after 15 working days of storage at the warehouses of the courier the order will be automatically canceled.
Right of withdrawal
15) In case of contract for the purchase of products and services concluded by a Consumer Customer (ie a person who buys goods for purposes not related to his professional activity, or does not make purchase by indicating in the order form in Augusta Milano a reference to VAT number), latter has the right to withdraw from the purchase contract, if it has been stipulated and concluded at a distance, in accordance with to and by effect of Legislative Decree no. 206/2005 of the Consumer Code, for any reason, without having to provide explanations and without penalty, except as described in paragraph 17.
16) To exercise this right, the customer must fill out the appropriate form available on the website within 14 calendar days from the date of receipt of goods and then send a registered mail , addressed to:
AUGUSTAMILANO.IT Via Cavour n. 30 20098 SAN GIULIANO MILANESE
Otherwise by telegram, email to our PEC address firstname.lastname@example.org or via the inquiry form on this website at this link sent within the above stated period of 14 days. Once we have received the notice of withdrawal , the Augusta Milano Customer Service will quickly provide to the customer the instructions on how to return the goods
17) The right of withdrawal is subject to the following conditions:
> The right applies to product purchased in its entirety. You can not exercise withdrawal on only part of the product purchased (eg: accessories, packaging, etc ...);
> The purchased goods must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, tags, etc ...); to limit damage to the original package, we recommend, when possible, to put it in another box, on which to affix the label provided by Augusta Milano, showing the RMA number (return authorization number). The attachment of labels or tape directly on the original packaging of the product must be avoided in all cases
> According to the law, the shipping costs for return of the goods are charged to the customer;
> The shipment until the certificate of happened reception in our warehouse is under the responsibility of the customer;
> If the goods are damaged during transport Augusta Milano will inform the customer, to permit the Customer the notification of the accidenti to the carrier he has choosen and to obtain reimbursement of the value of the goods (if insured). In this case , the product will be available to the customer for return, thus invalidating the withdrawal request;
> Augusta Milano is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments;
> Augusta Milano provides the customer the ability to send goods back with insured shipping by courier. If the customer chooses to use the facilitated service, the return costs will be deducted from the amount due to the customer for withdrawal.
> Upon his arrival in our warehouse, the product will be inspected for any damages or tampering not caused by transport. If the original packaging are damaged, Augusta Milano will deduct from the due refund a percentage ( no more than 20%) as a contribution to the costs of restoration.
18) Without prejudice to any repair costs for damage to the original packaging, Augusta Milano will refund the customer the full amount paid including any standard delivery costs, within 14 days since he was informed of the consumer's intention to exercise the right of withdrawal with the possibility, however, to withhold the reimbursement until he has received the goods, or provide documentary proof of their shipments by the consumer (whichever situation occurs first), by transfer the amount charged on the credit card or by bank transfer. In this latter case, the Customer shall promptly provide the bank on which to obtain a refund (IBAN - Current Account of the invoice howner). The customers should be strictly communicate their tax identification number or social security number, for the issuance of credit note in their favor.
19) The right of withdrawal is lost, for lack of the essential conditions integrity of the goods (packaging and or its contents), in cases where Augusta Milano finds:
> The lack of external and or internal original packaging;
> The absence of integral elements of the product (accessories, tags, manuals, parts, ...);
> The damage of the product for causes other than its transport.
In case of forfeiture of the right of withdrawal, Augusta Milano will return to sender the purchased goods, by charging the same the shipping costs.
20) All products sold by Augusta Milano are covered by the manufacturer's standard warranty and the 24-month warranty for defects of conformity, according to DL 24/02. To use the warranty, the customer must keep the invoice received by e-mail in PDF format.
21) The manufacturer's standard warranty is provided in the manner described on the site or in the documentation included in the packaging of the product. If the defect is not covered by the manufacturer's standard warranty, the customer will be charged for any costs of verification, as well as transportation costs, if incurred by Augusta Milano.
22) The warranty period of 24 months according to Articles 128 et seq applies to products that present a conformity defect, as long as the product is used correctly, in accordance with its intended use and as provided in the documentation. This guarantee is for the private consumer (a person who buys goods for purposes not related to his professional activity, or making a purchase without indicating a VAT number in the order form). In case of lack of conformity, Augusta Milano provides, without cost to the customer, to restoration of conformity by repair/replacement or reduction of the price, through to resolution of the contract. If the defect does not result in a lack of conformity, according to DL 24/02, the customer will be charged for any costs of verification and restoration, as well as transportation costs if incurred by Augusta Milano.
23) In the event that, for any reason, the seller can not supply to its customers a product under warranty (repaired or replaced), Augusta Milano will proceed at its own discretion to refund the amount paid or its replacement with a product of equal or superior characteristics.
24) No damage may be required to Augusta Milano for any delays in repairs or replacements.
25) In cases where the application of warranty provides for the return of the product, the goods must be returned by Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, tags, etc ...); to limit damage to the original package, we recommend, when possible, to put it in another box; the attachment of labels or tape directly on the original product packaging must be avoided in all cases.
26) The personal information requested during forwarding the order are collected and processed in order to meet the expressed requirements of the customer and will not under any circumstances and no title licensed to third parties. Augusta Milano guarantees its customers the respect of rules on the processing of personal data, governed by EU Regulation 2016/679.
Howner of data processing is AUGUSTAMILANO.IT Via Cavour 30 20098 SAN GIULIANO MILANESE MILANO ITALIA.
Applicable Law and competent court
27) For the beforementioned legal terms and conditions, AUGUSTAMILANO.IT site refers to Italian law and the regulations set out by the Italian Civil Code. For any issues, the competent court is the Court of Milan. “By accessing the AUGUSTAMILANO.IT site, Users declare to accept that all issues linked with the use of the AUGUSTAMILANO.IT site are subject to the current laws of the Italian state. They also declare that they refer only to the competent court of the Court of Milan for the aforementioned issues. AUGUSTAMILANO.IT does not in any way guarantee that materials and content of the site comply with the laws of other countries: accessing the site from countries where these same contents and their use are illegal is strictly prohibited. Users who choose to access the site from these countries must bee aware of the consequences and legal risks they face and shall be the unique persons responsible for breaching local laws.”
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.