general terms and conditions of online sales

1. General Conditions: introduction and effectiveness

The company [Imperial Spa], registered with Italian Fiscal Code and VAT Number [C.F. 03830630376 e P. IVA 00666471206, located in Italy at [Via dei Lanaioli 42, blocco 11 Centergross 40050  Funo di Argelato ( BO )] (“Seller”), is the seller of the products (“Products” or “Product”) and owner of the Website [www.imperialfashion.com] (“Website”).

These general conditions of sale (“General Conditions”) govern the remote purchase of Products through the Website, in compliance with Italian regulations.

The person accessing the Website to make purchases (“Customer”) must carefully read and accept these General Conditions before making any purchases by accessing the relative page on the Website.

Purchases via the Website may be made only by consumer customers pursuant to art. 3 of the Consumer Code (Italian Legislative Decree no. 206 of 6 September 2005), i.e., “the natural person who acts for purposes extraneous to any business, commercial, artisanal or professional activity carried out”.

To be able to make a purchase via the Website, the Customer must be at least eighteen years of age.

2. Choosing and ordering Products and e-gift cards

2.1. Choosing and ordering Products

The characteristics of the Products (e.g. sizes, colours, descriptions, composition, etc.) as well as the price of the Products are indicated in each Product fact sheet. Visual representations of the Products correspond to the photographic image used in the relative product fact sheet. The images of the Products have the sole aim of portraying the products for sale and may not illustrate their specifications or quality.

Each Customer can purchase the Products by registering on the Website (“Registered Customer”), or as a “guest” without having to register (“Unregistered Customer”). In any case, the Customer must fill in and send an order form (“Order”) in electronic format, and select the desired payment method.

It will be possible for each Customer to:

1. Purchase one or more Products online by paying the price according to the procedures set forth in art. 3 below and receive home delivery at the address specified in the Order (order form 1 link) (“Home Delivery”);
2. Purchase one or more Products online by paying the price according to the procedures set forth in art. 3 below and, when this option is provided by the seller, pick them up at the selected point of sale (“Ship to Store”);
3. Purchase one or more Products online by paying the price according to the procedures set forth in art. 3 below and pick them up at the selected UPS Access Point (“UPS Delivery”).

Once the Order has been sent:

-           the Customer will receive an e-mail from the Seller containing the Order number, the list of Products in the Order, their essential characteristics and total price, including delivery costs and any extra fees. This communication is not an Order confirmation;

-           the Seller will check whether the Products in the Order are available and: i) if the Products are available, the Order will be processed; ii) if the Products are not available, the Order will be cancelled and the Customer will receive a full refund; iii) if some of the Products in the Order are unavailable, only the available Products will be processed and the Customer will be informed of this via e-mail. If the Order is only partially fulfilled, the delivery expenses and any extra fees originally specified by the Seller will remain the same; the Customer will therefore receive a refund only for the price of the unavailable Products.

The sale contract shall be deemed concluded after the Order Confirmation is sent. 

2.2. E-gift cards

The E-Gift Card is a virtual gift card that may be purchased only on the Website, which offers you the possibility to give a coupon bearing a set amount - equal to the card’s cost - that can be used as a payment method only on the Website.

The Customer may freely choose the E-Gift Card in the virtual shop for a value of between €20 and €1,000.

The E-Gift Card is issued in the name of the recipient: the Customer will need to enter the name of the recipient, who will be informed pursuant to art. 14 of the GDPR in the processing of their personal data, to whom it will be sent via e-mail along with a personalised message. Customers who wish to deliver the E-Gift Card to a third party themselves should enter their own e-mail address in the “recipient contact information” section.

After selecting the E-Gift Card and completing the payment procedure, the Customer will receive an e-mail confirming that the procedure has been successfully completed and the E-Gift Card will be sent to the recipient. Specifically, the recipient will receive the coupon code to be used to redeem the E-Gift Card via e-mail, using it as a payment method on one or more occasions.

If the coupon is used on a cart of an amount lower than that of the E-Gift Card, the difference will remain loaded on the E-Gift Card and can be used with the same coupon for subsequent purchases.

If the coupon is used on a cart of an amount higher than that of the E-Gift Card, it will be possible to make the purchase by paying the difference at the time of checkout.

It is also possible to use multiple E-Gift Cards for the same cart, by redeeming the coupons one after the other to add up the amounts available.

If items purchased using the E-Gift Card are returned, the amount will be loaded back onto the card and it will become available again for a new purchase. In the event of a mixed payment, any difference will be refunded by giving priority to the E-Gift Card, and if the amount to be refunded exceeds that amount, onto the payment method used.

Please note that the E-Gift Card:

• can be used exclusively online and is not convertible into cash;
• is valid only in the market in which it was purchased;
• is always excluded from discounts and promotions;
• does not make it possible to request an invoice after being used.

With regard to the message sent to the recipient, please note that the use of lewd, offensive or otherwise inappropriate language is prohibited within the context of the initiative. Any uses contrary to these general conditions of which the Seller may become aware may be reported to the competent authorities.

3. Prices and delivery expenses

The prices of the Products are stated in Euro and are inclusive of VAT and refer to the country where the Products will be delivered.

The delivery costs, where due, are at the Customer’s expense and will be itemised before the Purchase order is forwarded (“Accessory Expenses”). Delivery costs are not due for Orders above €150.

4. Payment procedures

4.1 Payment methods

The Customer may pay the price for the Products and the associated Accessory Expenses by credit card, SatisPay, PayPal, ScalaPay or gift card.

Credit Card

The following networks can be used to make a purchase on the Website:

Visa

MasterCard

Maestro

American Express

The Website does not save the Customer’s credit card number.

PayPal

Once the Order is placed, the Customer will be redirected to the PayPal website, where payment can be made via the user’s account or by using a card, including prepaid, or in any event according to the methods accepted by PayPal and in compliance with the relative conditions.

SatisPay

Once the Order is placed, the Customer will be redirected to the SatisPay website, where payment can be made via the user’s account or in any event according to the methods accepted by SatisPay and in compliance with the relative conditions.

Scalapay

When making a purchase with Scalapay, the customer will receive the Products immediately by paying the first of the 3 instalments, and will be subject to the conditions of Scalapay.

Gift Card

Customers may pay using the digital Gift Card (“E-Gift Card”), by entering the relative code in the appropriate section.

For each Purchase Order, the Customer may use multiple Gift Cards at the same time.

If the Gift Card amount is insufficient to cover the total amount of the transaction, it will be possible to add to it using other payment forms (credit card, PayPal, SatisPay or Scalapay).

5. Shipping and delivery

The Products will be delivered to the address, UPS Access Point or sales point selected by the Customer in the specific “Shipping Address” field during the purchasing procedure.

All Products will be delivered by express courier, it being understood that the Seller may not in any case be held liable for unforeseeable delays or delays not attributable to it (the “Shipment”).

Once the Products are sent, the Customer will receive an e-mail with a link that can be referred to for shipment tracking purposes.  The Products may be shipped at different times due to organisational and logistical reasons of the Seller; as a result, the Customer will receive the above-mentioned e-mail communication for each Shipment.

Except in cases of force majeure or unforeseeable circumstances, the Products will be delivered within 7 working days in Italy and 10 working days abroad. This time period will begin as of the day after the Order confirmation.

The service is active in the following countries: Italy, Belgium, Croatia, Estonia, France, Germany, Poland, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain (except for the Canary Islands and Ceuta and Melilla), Hungary and Portugal.

The delivery obligation is met when the physical availability or control of the Products is transferred to the Customer. The risk of Product loss or damage, for any reason not attributable to the Seller, will be transferred to the Customer when the Customer, or the third party designated by the Customer other than the courier, will actually gain possession of the Products.

With reference to Home Delivery:

1. if the delivery is not made due to the absence of the recipient at the address provided in the Order, after two unsuccessful delivery attempts the Shipment will be held in storage by the courier. After the attempted delivery notice is left by the courier, the Customer may pick up the Products in the location and by the deadline specified in the shipment tracking link. If the Products are not picked up within the terms mentioned above, they will be returned to the Seller;
2. if the Customer expressly refuses to accept the delivery of the Products purchased, they will be returned to the Seller;

• if the Products are not delivered because the address is incorrect, they will be returned to the Seller.

If the Products are returned to the Seller in the cases set forth above, the Sale Contract will be deemed terminated pursuant to art. 1456 of the Italian Civil Code  when they are received by the Seller.

If the Ship to Store option is selected, the Customer will receive an e-mail notification indicating when the Products are available to be picked up. If i) the Products are not picked up within 10 (ten) working days of the working day subsequent to that on which the notification was sent or ii) the Customer sends a notification that it refuses to pick up the Products, the Sale Contract will be deemed terminated pursuant to art. 1456 of the Italian Civil Code at the end of the term mentioned above or when the Seller receives the refusal notification.

With reference to USP Delivery, the Customer may pick up the Products by checking the Order tracking. If the Products are not picked up, they will be returned to the Seller and the Sale Contract will be deemed terminated pursuant to art. 1456 of the Italian Civil Code when they are received by the Seller.

In all cases of Sale Contract termination pursuant to art. 1456 of the Italian Civil Code, the Customer will be entitled to obtain a refund to an extent equal to the price paid to purchase the Products, inclusive of Accessory Expenses, after deducting the expenses incurred by the Seller for the unsuccessful delivery and the return, as well as for storage. The total amount thus calculated will be disclosed by the Seller to the Customer and paid within 14 days of the termination of the Sale Contract.

6. Right of cancellation

Without prejudice to the cases of exclusion set forth in art. 59 of the Consumer Code, the Customer is entitled to cancel the contract for any reason whatsoever, with no need to provide explanations and with no penalties (the “Right of Cancellation” or the “Cancellation”).

Cancellation may concern all or only some of the Products purchased by the Customer, including E-Gift Cards. With respect to the latter, please note that only the Customer - and not the recipient - may exercise the Right of Cancellation.

The Right of Cancellation may be exercised within 14 days of the date on which the Customer, or the third party it has designated, has obtained physical possession of the Products, or in the case of E-Gift Cards, of the date of receipt of the confirmation e-mail, and provided the E-Gift Card has not been used.

In the case of multiple Products ordered by the Customer in a single Order and delivered separately, the Right of Cancellation may be exercised within 14 days of the date on which the Customer, or the third party it has designated, has obtained physical possession of the last Product.

To exercise the Right of Cancellation, within the term specified above the Unregistered Customer must:

1. complete the form provided at the link https://www.imperialfashion.com/sales/guest/form or, alternatively
2. send the Seller a written notice at the following e-mail address customercare@imperialfashion.com, specifying: the Order number, name and surname of the purchaser, code of the Products or E-Gift Cards in relation to which you wish to proceed with the Cancellation and the reason for the Cancellation (your right of cancellation will not be affected if you do not specify the reason; the reason for the return is requested by the Seller to improve its sales service and related statistics are prepared in an anonymous way and in accordance with privacy laws).

Once the Cancellation notice is received, the Seller’s customer service will send the Unregistered Customer via e-mail, after it verifies that the cancellation is compliant with the rules:

- in the event of Cancellation concerning Products, confirmation of the Right of Cancellation exercised, the procedure number and instructions for returning the Products;

- in the event of Cancellation concerning an E-Gift Card, confirmation of the Right of Cancellation exercised, the procedure number and confirmation of deactivation.

Registered Customers who wish to exercise their Right of Cancellation may use the methods set forth for Unregistered Customers, or go to the “My orders” section of their account page and send the Seller a Cancellation request within the term specified above, by accessing the specific Order (summarised in the section of the Website dedicated to the Registered Customer) for which they wish to exercise the Right of Cancellation. A Cancellation request can be sent in this manner only within the legal term mentioned above. In this case, the Registered Customer will receive confirmation of the Right of Cancellation, the procedure number and instructions for returning the Products. If, instead, the term for exercising the Right of Cancellation has passed, Registered Customers will not be able to send the Cancellation request via their account page. It is understood that in relation to E-Gift Cards, the Registered Customer will receive confirmation of the Right of Cancellation, the procedure number and confirmation of card deactivation.

The Right of Cancellation is governed by the following conditions.

1. The Right of Cancellation applies to the Product purchased in its entirety; therefore, if the Product consists of multiple components or parts, it is not possible to exercise the Right of Cancellation for only part of the Product purchased. Furthermore, with regard to E-Gift Cards, the Cancellation applies for the entire amount of the card: it is not possible to exercise the Right of Cancellation for only part of the E-Gift Card amount.
2. If the Right of Cancellation is exercised on time, the Seller will refund the Customer for the entire price of the Products (including Accessory Expenses) or the E-Gift Card subject to Cancellation (the “Returned Products”) within 14 days of the date of receipt of the Cancellation notice. The Seller will be entitled to suspend the refund until the Returned Products are received.
3. The refund will be issued to the Customer’s original payment method, unless it has expressly requested a different refund method, provided this is not more onerous for the Seller.
4. With the exception of E-Gift Cards, Customers who have exercised their Right of Cancellation within the terms and with the methods specified above will be required to return the Returned Products to the Seller within no more than 14 days of when the Cancellation notice is sent, by following the instructions provided by the Seller. Customers may also return the Products at any one of the points of sale specified in the LINK, where they will need to provide a copy of the e-mail notice confirming the Right of Cancellation.
5. Except for cases in which Products are returned to an authorised point of sale, all costs necessary to return the Products, including any customs duties, shall be borne by the Customer and are withheld from the amount of the refund.
6. The Products must be returned intact and in normal conditions, in their original packaging and complete with all parts (including packaging material and accessory documentation). Non-compliant returns may not be accepted. Except in the case pursuant to point IV above, the Products will need to be sent to the following address: [IMPERIAL CREATIVE LAB – Via dei Setaioli c/o Blocco 2 Centergross – 40050 FUNO DI ARGELATO (BO)].
7. With the exception of the United Kingdom, if the Right of Cancellation is exercised, the Seller will send the Customer a single return label for each Order, even if Products in the same Order are delivered separately. The label may be used just once and therefore, before exercising the Right of Cancellation, it is advisable to wait for the delivery of all Products so that a single return package may be prepared. Customers who have already exercised the Right of Cancellation for part of the Products and intend to subsequently exercise it for other Products in the same Order as well, or have made a purchase in the United Kingdom, will need to arrange for the Product return themselves, at their own expense and under their own responsibility, independently selecting the courier. In any case, the Products will need to be sent to the address specified in point VI above.

7. Legal Warranties for the Customer

Customers are entitled to enforce the legal warranty set forth under articles 133 et seq. of the Consumer Code. According to this warranty, the Customer is required to report any Product compliance defect in writing to the e-mail address [customercare@imperialfashion.com]. After this report is sent, the Customer will be contacted by the Seller’s customer service, which will verify whether the request is justified. When legal requirements are met, the Customer will be entitled to request the repair or replacement of the defective product, without prejudice to the other customer rights provided by law. By virtue of the warranty mentioned above, the Seller is liable for compliance defects emerging within 2 years of delivery of the Product. Beyond this term, the Seller shall therefore not be held liable for compliance defects identified by the Customer. Any direct action claiming defects not intentionally concealed by the Seller may be lodged within 26 months of the delivery of the product. If the Product is replaced or repaired, the terms of the warranty relating to the replaced or repaired Product are the same as those of the original Product. Therefore, the overall two-year duration of the legal warranty shall in any event begin as of the delivery of the original Product. To be able to make use of the warranty, the Customer will need to provide evidence of the purchase date.

8. Errors and limitations of liability

Information regarding the Products is constantly updated. However, it is not possible to ensure the complete absence of errors, for which the Seller cannot be held liable, except for in cases of wilful misconduct or gross negligence.

The Seller reserves the right to correct any errors, inaccuracies or emissions even after an Order is sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and applicable legislation.

Except for cases of wilful misconduct or gross negligence, all rights of the Customer to compensation for damages or payment of an indemnity, and all contractual or tortious liability for direct or indirect personal injuries and/or property damages caused by failure to accept or fulfil an Order, in whole or in part, or by the sale of the Products, are hereby excluded.

The Seller also disclaims all liability for direct or indirect damages of any kind, regardless of the form in which they manifest themselves, resulting from the use of the Website and/or the news, photographs and information contained therein.

9. Complaints

Complaints should be sent to the Seller at: customercare@imperialfashion.com.

10. Force Majeure

The Seller’s performance of the services may be suspended in cases of unforeseeable circumstances or force majeure which prevent or delay them.

In these cases, the Seller shall notify the Customer of the unforeseeable circumstance or case of force majeure within 7 (seven) days of its occurrence.

If the suspension of the service extends for a term beyond 15 days, the Customer will have the possibility to cancel the Order, receiving a refund for the amounts paid.

11. Governing law and forum

The contract of sale between the Customer and the Seller is formed in Italy and is regulated by Italian law. Any and all disputes that may arise between the Seller and the Customer in relation to these General Conditions and/or the individual purchase orders will fall within the exclusive jurisdiction of the court of residence or domicile of the Customer, if located in Italy.

12. Processing of personal data

The Customer’s personal data shall be processed in accordance with the current laws on data protection, as specified in the privacy policy contained in the relevant section.