Terms and Conditions
Terms and Conditions
1. Eligibility of purchase and terms of sale
The following terms and conditions govern, together with the “Shipping and delivery” section, the online sale of products made by Abantu Società Cooperativa Sociale, with headquarters in Gamberi, 4 – 40037 Sasso Marconi (BO) ITALY, phone: +39051-840166, which operates at the internet address https://handsoffashion.com/ and you, the Customer, governing your access and use of all functionalities available at the Site.
1.2. The reception of the order by Abantu Società Cooperativa Sociale is automatic due to its IT system. However, Abantu Società Cooperativa Sociale reserves the right not to execute orders from non-consumer buyers or if it does not have availability of the product in stock, notifying the buyer within 30
days of order placement.
1.3. Furthermore, any contractual or extra-contractual liability of the company for direct or indirect damages to people and/or items caused by the non-execution, even partial, of an order is excluded.
1.4. These terms and conditions of sale, as well as the “Shipping and delivery” section, can change at any time at the discretion of Abantu Società Cooperativa Sociale. Each order is governed by the conditions enforced on the day the order is placed.
1.5. The purchase of products on the Site is allowed only to those who are 18 years of age or older.
2. Orders and terms
2.1. The Site is available only to individuals or others who meet the Site’s criteria. Abantu Società Cooperativa Sociale is therefore authorised to use the personal information provided by the purchaser for the aforementioned purposes and for the purposes of commercial information addressed to the Customer.
2.2. The transmission to Abantu Società Cooperativa Sociale of the online order and the payment of the requested fee constitutes full acceptance of these general terms and conditions and of the section “Shipping and delivery”.
2.3. For all legal purposes, however, it will be understood that the User/Customer has read and accepted the general conditions of sale, the “Shipping and delivery” section, the rules for access, and use of the site indicated in the user registration phase under “Conditions and Privacy”, by ticking the “I have read and accepted the general conditions of sale” field.
2.4. The receipt of the order is automatic and takes place via the e-mail address communicated by the Customer at the time of purchase. This confirmation message will contain an “order number” to be used in the event of any communication with the company. The message will contain all the data entered by the customer who undertakes to verify its correctness and to promptly communicate any corrections.
3. Pricing policy
3.1. The prices of the goods purchased are those indicated on https://handsoffashion.com/ on the date of the order. All costs that the Customer must bear (price of the goods, shipping/delivery or postage costs) are highlighted on the site. For any additional payments, express consent will be requested.
3.2. All the prices on the site are to be intended as retail prices including VAT.
3.3. The final cost for the Customer, including VAT and shipping costs, will be communicated to the Customer in the online purchase process before he finishes the order by choosing the “Confirm” option from the order summary page.
3.4. The bank that takes care of the transaction will authorise the payment through the debit of the amount concerning the purchase made together with the conclusion of the online transaction.
3.5. Our site accepts payments made with the main credit cards: Visa, Visa Electron, MasterCard, and Maestro.
3.6. Payments are made with maximum data security and confidentiality. When making payments by credit card, the Customer is connected directly from the site to a secure page (SSL) of the website of the bank to process the transaction. This page contains the most advanced security protocols currently
available to authenticate payments on the web and the CV2 Code, a code consisting of the last three digits on the back of the credit card, which allows for verification that the person making the payment is actually in possession of the card.
3.7. The data provided by the Customer and the data of the credit card are not accessible by Abantu Società Cooperativa Sociale or any third party, neither at the time of placing the order nor after. There is no electronic archive of this data within Abantu Società Cooperativa Sociale servers. Therefore, under no
circumstances can Abantu Società Cooperativa Sociale be deemed responsible for any illegal or wrongful use of credit cards by third parties when paying for products purchased on the Site.
4. Amendments and modifications to orders
4.1 For each order it is possible to modify or correct any errors during the whole purchase process, in particular:
- inside the cart it is possible to modify the ordered quantities and remove inserted items.
- within the Order Summary it is possible to modify the data concerning billing, delivery and payment.
- within the secure page (SSL) of the bank’s internet site that deals with the online transaction, it is always possible to cancel the transaction and return to the cart on https://handsoffashion.com/ website.
5. Shipping and delivery
5.1 The delivery of the products takes place by specialised courier. This service is guaranteed only if there is a possibility of reaching the place of delivery indicated by the Customer passing between the door frames and through the use of a lift, goods lift, or in any case stairs with dimensions and capacity
suitable for the passage and lifting of the products. Deliveries are made from Monday to Friday. The cost of the service is indicated during the order formation phase
5.2 If even one of the aforementioned conditions does not exist, delivery will be made to street level, without further obligations for Abantu Società Cooperativa Sociale.
5.3 Delivery times expected from the dispatch of the order is of 7 working days. The term is indicative and not peremptory. In any case, delivery will be carried out within the legal deadline of 30 days from the date of reception of the order. Once 30 days have passed, Abantu Società Cooperativa Sociale
informs the Customer with the same means of order confirmation and reimburses the amount paid by the Customer.
5.4 The Customer is required to verify the condition of the packages before acceptance. The goods travel at the risk of the Customer. Any damage must be reported no later than the legal deadline of two months from the discovery of the defect.
5.5 Abantu Società Cooperativa Sociale is not responsible for damages dependent on the delay in delivery of products.
5.6. For each order received, Abantu Società Cooperativa Sociale issues a Transport Document (DDT), which is transmitted to the carrier who will deliver the goods. The DDT also contains the information necessary to identify the Customer.
5.7. The carriers used for deliveries are defined from time to time according to the type of product purchased. Please refer to “Shipping and delivery” for more details.
5.8. Delivery costs are indicated when the order is placed and charged to the Customer.
6.1. Abantu Società Cooperativa Sociale will issue a specific tax invoice for each order, only if requested during the order process, addressed to the legal person who placed the order. The invoice will be delivered according to the rules on electronic invoicing and by e-mail in PDF format to the e-mail
address indicated during registration. The Customer is solely responsible for the accuracy and truthfulness of the information provided to Abantu Società Cooperativa Sociale for billing purposes.
6.2. Once issued, in compliance with current legislation, the invoice cannot be modified.
7. Guarantee of conformity (8.1 Art. 130 Dlgs. 06 September
2005, n. 206 (Consumer Code) [Italian Law])
7.1 Consumer rights
7.1.1 The Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the goods.
7.1.2 In case of lack of conformity, the Customer has the right to restore, without charge, the conformity of the goods by repairing or replacing them, under paragraphs 3, 4, 5, and 6, or an adequate discount or termination of the contract, according to paragraphs 7, 8 and 9.
7.1.3 The Customer may ask the seller to repair the goods or replace them, without charge in either case, unless the solution requested is objectively impossible or excessively costly compared to the other.
7.1.4 For the purposes stated in paragraph 3, one of the two options shall be considered excessively costly if it implies unreasonable expenses on the Seller compared to the other, considering:
a. the value that the good would have if there were no conformity defect
b. the extent of the lack of conformity
c. whether the alternative solution can be pursued without significant inconvenience to the Customer.
7.1.5 Repairs or replacements must be made within a reasonable time of the request and must not cause significant inconvenience to the Customer, taking into account the nature of the item and the purpose for which the Customer purchased the item.
7.1.6 The expenses paragraphs 2 and 3 refer to are the necessary costs to render the goods conform, specifically regarding the expenses carried out for the shipment, workforce, and materials.
7.1.7 The Customer may request an appropriate reduction in price or termination of the contract when one of the following situations occurs:
- repair and replacement are impossible or unduly burdensome
- the seller has failed to repair or replace the property within the reasonable time specified in subsection 5 (1)
- the replacement or repair previously carried out has caused significant inconvenience to the Customer.
7.1.8 The use of the item shall be considered in determining the amount of the reduction or the amount to be returned.
7.1.9 After the notice of lack of conformity is given, the Seller may offer the Customer any other available solution, which shall have the following effect:
- If the Customer has already requested a specific solution, the Seller is bound to execute it, with the necessary consequences regarding the effective date of the reasonable period of time referred to in paragraph 5, unless the Customer accepts the alternative solution proposed (1)
- if the Customer has not already requested a specific solution, the Customer must accept the proposal or reject it by opting for a different solution per this article.
7.1.10 A minor conformity defect that has not been possible or is excessively costly to perform repair or replacement solutions does not entitle the Customer to terminate the contract.
7.2.1 The sales contract between the Customer and Abantu Società Cooperativa Sociale is concluded in Italy and governed by Italian law. For matters not otherwise established, Italian law is applicable. For the resolution of civil and criminal litigation deriving from the conclusion of the present contract of sale, the
territorial competence is exclusively that of the forum of Bologna, with the exclusion of any alternative forum by law.
7.2.2 The Seller shall be liable, according to Article 130, when the lack of conformity becomes evident within a period of two years from the delivery of the goods.
7.2.3 The Customer will lose the rights granted by Article 130, paragraph 2 if they fail to report to the Seller the lack of conformity within two months from the date they discovered the defect. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
7.2.4 If there is no evidence to the contrary, it shall be presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of such lack of conformity.
7.2.5 The action to enforce the defects not fraudulently concealed by the Seller is required, in any case, within twenty-six months from delivery of the goods. The Customer, who has agreed to the execution of the contract, can still enforce the rights under Article 130, paragraph 2, provided that the lack of conformity has been reported within two months of discovery and before the expiry of the period referred to in that paragraph.
8. Cancellation policy, exchanges and returns
8.1 The Customer who buys products and services directly from https://handsoffashion.com/ has the right to terminate the contract as stated in the new Directive 2011/83/EU, implemented by Legislative Decree 21 February 2014, n. 21.
8.2 The Customer may return the products or waive the services purchased within 14 days of delivery of the product or purchase of the service and receive a refund of the price already paid, without the need to provide any justification and without sustaining any cost, except for the direct cost of returning the goods to Abantu Società Cooperativa Sociale.
8.3 The Consumer is held responsible for the risks related to transport operations for the return of the product.
8.4 No right of withdrawal is granted to the Professional Customer, the physical entity that operates for purposes pertaining to entrepreneurial or professional activity.
8.5 The right of withdrawal is applied by sending, within 14 days after delivery of the product or the purchase of the service, written communication to the head office of Abantu Società Cooperativa Sociale, located in Marzabotto (BO), Via Lama di Reno n. 34, by registered letter with return receipt.
8.6 The notice may also be sent, within the same period, via telegram, telex, and e-mail, as long as it is confirmed by registered letter with return receipt within the next forty-eight hours. The registered letter is considered sent in due time if it is delivered to the accepting post office within the terms stated above. The return receipt is not, however, an essential condition to prove the enforcement of the right of withdrawal.
8.7 The right of withdrawal expires when the product returned is not complete, missing its original packaging, or has been damaged by transport not attributable to the delivery made by Abantu Società Cooperativa Sociale to the Customer and not previously reported.
8.8 Abantu Società Cooperativa Sociale will refund the price paid by the Customer within 14 days from the date of receipt of the notice of withdrawal by the Customer. The refund will be made by bank transfer to the details provided by the Customer in the notice of withdrawal.
8.9 The Customer must return the goods within 14 days from the date they communicated to Abantu Società Cooperativa Sociale the will to withdraw from the contract. This deadline is considered met if the Customer returns the goods to Abantu Società Cooperativa Sociale before the expiry of the period
of 14 days mentioned above.