Legal area

The following general terms and conditions of sale govern the offer and sale of products on our website (avro-avian.com).

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The products offered for sale on avro-avian.com are directly sold by Avro Avian ("the supplier") You can request any further information through our support services by contacting customer service.

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You will find information about orders and shipments, refunds and returns of products purchased on avro-avian.com. Remember that you can always contact us by email at the following email address: admin@avro-avian.com. For any other legal information, consult the sections: general Conditions of use, Privacy policy and Right of withdrawal.

1. Our business policy

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1.1 The supplier offers through the vendor products for sale on avro-avian.com and performs through the vendor its e-commerce business services exclusively to its final users, i.e. the "consumers".

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1.2 "Consumer" shall mean any individual who is acting for purposes that are outside his or her trade, business or profession, on avro-avian.com. If you are not a "consumer", please do not buy any products on avro-avian.com.

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1.3 With respect to this business policy Avro Avian. reserves the right not to process orders received from users who are not "consumers" and any other order which does not comply with this business policy.

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1.4 These general terms and conditions of sale regulate the offer, transmission and acceptance of purchase orders relating to products on avro-avian.com between the users of avro-avian.com, the supplier and the vendor.

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1.5 The general terms and conditions of sale do not regulate, however, the supply of services or the sale of products performed by parties other than the supplier and vendor who are present on avro-avian.com via links, banners or other hypertext links.

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Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions of sale, since we shall not be deemed liable for the supply of services provided by parties other than the vendor or for the execution of e-commerce transactions between the users of avro-avian.com and third parties.

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2. How to execute a contract with the vendor

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2.1 To finalize the purchase contract of one or more products on avro-avian.com, you must complete the order form electronically and send it to the vendor by electronic means, following the relevant instructions. The receipt or sales note will be issued by the vendor in digital format.

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2.2 Before proceeding to the purchase of products, by way of an order form, you will be asked to carefully read the general terms and conditions of sales and the policy on the right of withdrawal, to print out a copy using the print command and to memorize it or keep a copy for your personal records. We will also provide you with a summary of the commercial and contractual conditions in place for the purchase of products, which contains a reference to the general terms and conditions of sales and a summary of the essential characteristics of each product ordered with relevant price (including all tax or applicable charges), payment methods you can use for purchasing each product, delivery methods for the products purchased, complaint handling methods, costs of shipping and delivery; as well as details and addresses (geographic and email) of the supplier, the reference data of the vendor, and the date by which the vendor undertakes to delivery the goods. . Furthermore, you will be provided with a summary of the conditions and ways in which you can exercise your right of withdrawal, and the methods and time limits for returning purchased items (as per the return form). You will similarly be given indication concerning the circumstances in which you will lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will have to bear the cost of returning the product(s). You will, in any case, be reminded of the legal guarantee of conformity of products, you will be provided with the contact information for our post-sales customer service and we will remind you, finally, about the possibility of utilizing the independent and institutional conciliation service, provided by the Arbitration Chamber of the Milan Chamber of Commerce.

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2.3 On the order form, shown immediately before finalizing the sales contract, we will provide you with a summary of the essential characteristics of each product ordered, the price (including all tax or applicable charges) and the shipping costs (including any potential additional costs incurred by you for selecting a different shipping or delivery method and/or a faster service than the standard delivery). The contract is finalized when the vendor receives your order form, electronically, following checks that the relevant information for your order is correct.

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2.4 The order form will be archived in our database for the time period necessary to process orders and in any case according to law. You will be able to access your order form by checking the “my order” section.

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2.5 When proceeding to send the order form you will be warned that this submission implies the obligation to pay the indicated price. Before proceeding to send the order form, you will also be required to identify and correct any potential errors in the input information.

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2.6 The languages available for finalizing the contract with the vendor are Italian, English, German and Japanese.

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2.7 Once the contract is finalized, the vendor will process your purchase order.

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2.8 The vendor may not process orders that do not provide sufficient guarantee of solvency, orders that are incomplete or incorrect, or in the event of unavailable products. In these cases, we will inform you via email that the contract has not been finalized, that the vendor has not processed your order, and the reasons for this. If the products, featured on avro-avian.com, are no longer available or for sale at the time of your last site access or when sending the order form, our customer service will contact you promptly and in any case within thirty (30) calendar days with effect from the day after you sent your order to the vendor, regarding the unavailability of the ordered products. If the order form and payment have been submitted already, the vendor will provide a refund, without undue delay, and the contract between the parties will be considered terminated.

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2.9 Upon submitting the electronic order form, you unconditionally accept and undertake to comply with, in dealings with the supplier and vendor, these general terms and conditions of sales. If you disagree with any of the terms set out in the general terms and conditions of sales, we ask that you do not send an order form to purchase products from avro-avian.com.

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2.10 When sending the order form, you confirm that you understand and accept the general terms and conditions of sales and further information on avro-avian.com, also found via the link, including the general conditions of use, privacy policy and the policy on the right of withdrawal.

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2.11 Once the contract is finalized, Avro Avian will send you a purchase order receipt via email including the general terms and conditions of sales and the summary document about your right of withdrawal and therefore, all information already included in the summary of commercial and contractual conditions shown before proceeding to purchase.

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3.Guarantees and product price indication

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3.1 On avro-avian.com, we only offer products marked with the Avro Avian trademark. We purchase these products directly from the vendor of the fashion house and/or the manufacturer authorized by the fashion house.

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3.2 The vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.

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3.3 The main characteristics of products are shown on avro-avian.com on each product page. The products offered for sale on avro-avian.com may not correspond exactly to the actual garments in terms of image and colors due to the Internet browser or monitor used.

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3.4 Prices of products are subject to updates. Check the final price of sale before sending the relevant order form.

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3.5 Orders made from a country website that is different from the one you are shipping to, will be not be accepted.

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3.6 All products come with an identification tag attached with a disposable seal. We ask you not to remove the tag or its seal from the products purchased, of which they form an integral part.

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3.7 The vendor, in the event of exercising your right of withdrawal, has the right not to accept the return or not to fully refund the amounts paid for the purchase, in relation to those products that do not have the relevant tag or that have had their essential and qualitative characteristics altered or which have been damaged.

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3.8 All products sold by the vendor are covered by the twenty-four (24) month statutory warranty for defects of conformity, in accordance with applicable law. The lack of conformity of the product must be communicated to the vendor within two (2) months of its discovery. The lack of conformity can be communicated to the seller by contacting customer service. In case of lack of conformity, you have the right to request the repair or replacement of the product. In the event that the aforementioned remedies are not possible or excessively expensive, you will be entitled to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the consumer code.

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4.Payments

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4.1 Payment of the product prices and relevant costs for shipping and delivery must be made using one of the methods indicated on the order form. In no case will you be charged costs higher than those actually incurred by the vendor, in relation to the payment instrument chosen by you.

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4.2 In case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the bank that provides the relevant remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of return in compliance with the exercise of your return right or for reporting cases of fraud on avro-avian.com to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your bank account only when placing the order.

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5. Shipping and delivery of the products

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For specific product shipping and delivery procedures see the FAQs section. Please read this section carefully as the information provided there forms an integral part of these general terms and conditions of sale and, consequently, shall be deemed to be fully read and accepted by you at the time of sending your order form.

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6. Customer service

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You can request any information through our support services.

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7.Right of withdrawal

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7.1 If you are a consumer, you may cancel your contract with the vendor in relation to products purchased from avro-avian.com, without any penalty and without specifying the reason, by notifying the vendor in writing within seven (7) calendar days, beginning on the day you receive the products. It's not possible to return or exchange customized items and publications. This does not affect the customer’s rights according to the law.

7.2 To withdraw from the contract you can use the return form (compliant with the standard form pursuant to Art. 49, paragraph 4 of the consumer code) to fill out and submit online directly through avro-avian.com. You will be sent an email confirmation when your return request has been received.

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7.3 Once you’ve withdrawn from the contract, you must return the products to the vendor within seven (7) calendar days from when you reported your decision to withdraw from the contract online on avro-avian.com.

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7.4 Returning purchased products will always be free on the condition that you use the shipping indicated by the vendor on the return form.

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7.5 Furthermore, if you decide to use the shipping indicated by the vendor on the return form, once the returned purchased products are received by the courier, you will be exempt of any liability in the event of loss or damage of the products during shipment.

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7.6 If you decide to use a shipping method other than that indicated by the vendor on the return form, you will bear all shipping costs for returning the purchased items, and you will be held responsible in the event of the loss or damage of the products during shipping, as a result of your negligent choice of carrier and/or shipping methods. In the event of total withdrawal, the vendor will refund the entire amount paid at purchase, including shipping costs. In the event of partial withdrawal, however, the vendor will refund only the amount corresponding to the products subject to withdrawal, therefore excluding shipping costs, unless the provisions of Art. 7.10 below apply.

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7.7 The right to withdraw - in addition to compliance with the terms and methods described in the above points 7.1, 7.2, 7.3 and 7.4 - shall be deemed correctly exercised once the following conditions have been fully met:

• a. you have correctly completed and submitted the online return form found on avro-avian.com (or another unequivocal statement of your decision to withdraw from the contract) within seven (7) calendar days from the date of your receipt thereof;

• b. the products have not been used, worn, washed or modified;

• c. the identification tag is still attached to the products with the disposable seal;

• d. the products are returned in their original packaging;

• e. the returned items are shipped back to the vendor within seven (7) calendar days from the date you notify us of your decision to withdraw;

• f. the products are not damaged.

7.8 If the right to withdraw is exercised according to the methods and terms indicated in paragraph 7, the vendor undertakes to refund any potential sums already collected for the purchase of the products according to the methods and terms provided for.

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7.9 The amount will be refunded to you as soon as possible once the above terms and conditions have been checked.

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7.10 If the methods and terms of exercising your right of withdrawal, referred to in letters a), e) and f) of the above paragraph 7 are not met, you will not have the right to a refund of the amounts already paid to the vendor. Within 14 calendar days after the email detailing the non-acceptance of your refund, you can choose to reclaim the products, at your own expense, in the state in which they were returned to the vendor, by contacting the vendor according to the methods of which you will be notified. Otherwise, the vendor will be able to keep the products, in addition to the amount already paid for their purchase.

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Should the conditions set out in letters b), c) and d) in the above paragraph 7.7 not be met, you will not have the right to a full refund of the amount already paid to the vendor. You will, in fact, be held responsible for the diminished value of the returned products as a consequence of use other than that authorised by the vendor with a view to enable you to assess the nature, characteristics and functioning of said products. Within seven (7)calendar days, you can choose to reclaim the products, at your own expense, in the state in which they were returned to the vendor, by giving notice to our customer service according to the methods of which you will be notified. Otherwise, the vendor will be able to keep the products and an amount corresponding to the percentage deducted from the refund.
 

8.Items returned because they are damaged, defective or incorrect

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8.1 After the products are returned, the vendor will carry out the necessary checks regarding the conformity of the products to the terms and conditions indicated in paragraph 7. If the outcome of these checks is positive, customer service will send you an email confirmation that your returned products have been accepted. If the outcome of these checks is not positive, customer service will notify you, via email, of the diminished value of the returned products as a result of your failure to observe the conditions set out in paragraph 7.3. At the same time, you will also be notified of the sum to be deducted from the amount you paid for purchasing the returned products; notwithstanding, alternatively, the possibility to reclaim the products, at your own expense, in the state in which they were returned to the vendor, as provided for in paragraph 7.10.

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8.2 Regardless of the payment method used, the refund, whether full or partial, is activated by the vendor as soon as possible once it has been verified that you have correctly exercised your right of withdrawal and once the returned products have been checked.

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8.3 The vendor will complete the refund using the same payment method used by you for purchasing the returned items, unless you have expressly agreed upon a different payment method with the vendor and provided that you will not incur further charges as a consequence of the refund. Where the recipient of the products indicated on the order form and the person who carried out the payment of the necessary amount for their purchase differ, the refund, if the right of withdrawal is exercised, will be carried out by the vendor, in any case, to the person who made the payment.

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8.4 The value date of the credit is the same of that of the debit; therefore you will not suffer any loss in terms of bank interest.

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8.5 The vendor indicates which courier to use for returning DHL products (www.dhl.com). With DHL, using the pre-printed adhesive labels on your return parcel, you can return products to the vendor, without incurring charges. This method also frees you of any liability in the event of loss or damage of products during shipping.

8.6 Should you decide to use a different courier to return the products to that indicated by the vendor, you will instead need to personally bear and carry out the payment of the necessary costs and you will be held responsible in the event of loss or damage of products during shipping, in accordance with the methods and terms provided for exercising the right of withdrawal.

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9.Privacy

9.1 You can find information about how we process your personal data by accessing the privacy policy. 9.2 Please read our general conditions of use if you haven’t already, since they contain important information about how we process the personal data of our users and about security measures in place. 9.3 For all other information about our privacy policy you can send queries to the following email address: admin@avro-avian.com.

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10.Applicable law and dispute resolution

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10.1 These general terms and conditions of sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on the consumer code in Chapter I ""Consumer rights in contracts"", with specific reference to distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

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10.2 Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.

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11.Amendments and updates

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The general terms and conditions of sale may be amended from time to time in consideration of any regulatory changes. The new general terms and conditions of sale shall be effective as of the date of publication on avro-avian.com.