Terms and Conditions

PAYMENT METHODS

Payment for Products purchased on the Website can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and/or the delivery or shipping method. The payment methods actually available to the customer in relation to the individual product will be specifically indicated during the purchase procedure. Payments made with: PayPal-linked cards, bank transfer, and cash on delivery to the courier, will incur an additional charge of €6.00.

CREDIT CARD

• Payment for Products purchased on the Website can be made by credit card directly through the Website. Credit cards accepted by Almaphilia S.r.L. will be specifically indicated on the payment method page. For payment by some credit cards, an additional contribution may be required. The request for such a contribution and its exact amount will be, if due, clearly and specifically indicated on the payment method selection page during the purchase procedure and in the Technical Data Sheet.
• In the case of payment by credit card, simultaneously with the conclusion of the contract, the issuing bank of the reference card will authorize only the commitment of the amount relating to the purchase made ("Authorization"). The Total Amount Due in relation to the purchased Product will be actually debited from the customer's credit card only on the day following the shipment, even partial, of the purchased Product.
• In all cases of contract termination and consequent order cancellation before the actual debit to the customer's credit card, Almaphilia S.r.L. will request the issuing bank of the reference card to release the committed amount through banking systems. The release times depend exclusively on the credit card issuer and, for some types of cards, can extend up to their natural expiry, which is normally 24 days from the Authorization date.
  Once the release of the committed amount has been requested from the issuing bank, under no circumstances can Almaphilia S.r.L. be held responsible for any direct or indirect damages caused by delays in the release and/or the non-release of the committed amount by the banking system.
• Should the contract be terminated after the actual debit of the Total Amount Due to the customer's credit card, resulting in the cancellation of the order, Almaphilia S.r.L. will re-credit the Total Amount Due without undue delay and, in any case, within 14 days of the contract's termination.
• To ensure the security of payments made on the Website and prevent potential fraud, Almaphilia S.r.L. reserves the right to request additional information from the customer (e.g., landline phone number, or a front/back copy of a valid identity card via email or fax).
  The request email will specify the deadline by which the document must reach Almaphilia S.r.L. This deadline will, in any case, not exceed 4 working days from the receipt of the request by the customer. Pending the requested document, the order will be suspended.
  In case of a request, the customer is required to send the requested documents within the specified deadline. If Almaphilia S.r.L. does not receive these documents within the specified deadline or receives expired or invalid documents, the contract will be considered terminated pursuant to and for the purposes of Article 1456 of the Civil Code, and the order consequently canceled, without prejudice to Almaphilia S.r.L.'s right to compensation for any damage it may have incurred due to the customer's non-compliant behavior. The termination of the contract, of which the customer will be notified via email no later than 4 working days from the expiry of the deadline for sending the documents requested by Almaphilia S.r.L., will result in the cancellation of the order and the refund of the Total Amount Due already paid by the customer.
  If Almaphilia S.r.L. receives the requested documentation within the specified deadline, the delivery terms applicable to the Product will commence from the date of receipt of the documentation.
• At no time during the purchase procedure is Almaphilia S.r.L. able to access the customer's credit card information, which is transmitted, via a secure connection, directly to the card issuer's website. No computer archive of Almaphilia S.r.L. stores such data, except, limited to the cardholder's data, in the case mentioned in the preceding paragraph.

CASH ON DELIVERY; DIRECTLY TO THE COURIER UPON DELIVERY

• Payment can be made in cash. We recommend preparing the exact amount as the courier usually does not have change.
• In the case of cash on delivery, a small supplementary contribution is due. The exact amount of this contribution will be specifically and clearly indicated in the product's technical data sheet and during the purchase process, on the payment method selection page.
• The maximum amount accepted by the courier is 999 Euros; if the cart value is higher, cash on delivery is not permitted, and the customer can select an alternative payment method.

PAYPAL

• Payment for Products purchased on the Website can be made using the PayPal payment solution, according to the terms and conditions of the agreement between the customer and PayPal. In the case of payment via PayPal, the amount relating to the purchase will be debited by PayPal immediately, concurrently with the conclusion of the contract.
• In all cases of contract termination and consequent order cancellation, the Total Amount Due will be simultaneously re-credited to the customer's PayPal account. The methods of re-crediting to the payment instrument linked to the PayPal account depend exclusively on PayPal. Once the amount relating to the purchase has been re-credited to the PayPal account, under no circumstances can Almaphilia S.r.L. be held responsible for any direct or indirect damages caused by delays in the actual re-crediting attributable to PayPal or the banking system.
• In order to guarantee the security of payments made on the Website and prevent any fraud, Almaphilia S.r.L. reserves the right to ask the customer for additional information (for example, landline phone number, or a front/back copy of a valid identity card via email or fax).
  The request email will specify the deadline by which the document must reach Initaly S.r.L. This deadline will, in any case, not exceed 4 days.
  Pending receipt of the requested document, the order will be suspended.
  In the event of a request, the customer is required to send the requested documents within the specified deadline. If Almaphilia S.r.L. does not receive these documents within the deadline specified in the request email, or receives expired or invalid documents, the contract will be deemed terminated by law pursuant to and for the effects of article 1456 of the Civil Code, and the order consequently canceled, without prejudice to Almaphilia S.r.L.'s right to compensation for any damage it may have incurred due to the customer's non-compliant behavior. The termination of the contract, of which the customer will be notified via email, no later than 4 days from the expiry of the deadline for sending the documents requested by Almaphilia S.r.L., will result in the cancellation of the order and the refund of the amount.
  If Almaphilia S.r.L. receives the requested documentation within the specified deadline, the delivery terms applicable to the Product will commence from the date of receipt of the documentation.
• The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Almaphilia S.r.L. Therefore, Almaphilia S.r.L. cannot access and does not store in any way the credit card data linked to the customer's PayPal account or the data of any other payment instrument connected to that account.

ADVANCE BANK TRANSFER

• Payment for Products purchased on the Website can be made by advance bank transfer.
• Should the customer choose bank transfer as the payment method, Almaphilia S.r.L., once the order is received, will communicate the bank details for the transfer to the customer via email. The email will have the following subject: "bank details communication".
• Payment for Products via bank transfer must be received no later than 7 working days from the date of receipt of the "bank details communication" email. If this deadline expires without payment, the contract may be considered terminated pursuant to and for the purposes of Article 1456 of the Civil Code. Should Almaphilia S.r.L. choose to terminate the contract, it will notify the customer via email without delay.
• In the case of payment by advance bank transfer, delivery terms will commence from the date of receipt of the transfer by Almaphilia S.r.L. and not from the date of order transmission, as is the case when the customer chooses other payment methods.
• To facilitate the connection between the payment received by bank transfer and the order placed, the customer is requested to include the following in the bank transfer description:
  • the order reference number;
  • the date the order was placed;
  • the name and surname of the order holder, if different from that of the account holder from which the transfer originates.

Furthermore, the customer is advised to send Almaphilia S.r.L. the bank transfer receipt by email once it has been made.

DELIVERY METHODS, COSTS AND TERMS

• Products are delivered to all the States indicated in the premises of these General Terms and Conditions of Sale at the shipping address provided by the customer in the order form. However, delivery can only be made within the borders of the State associated with the Country in which the customer is browsing when starting the purchase process by adding a Product to the cart.
• The customer is therefore obliged to enter a shipping address in the order form that is within the borders of the State associated with the Country of purchase. Orders containing a shipping address outside these borders will be cancelled pursuant to and for the effects of art. 1456 of the Civil Code and the total amount due will be refunded, if already paid.
• Shipping times: the product will be shipped within a maximum of 48 hours from receipt of the order (including packaging times) and the customer will be notified if the goods should be unavailable, so that they can request the cancellation of the order or choose to wait for new availability.
• Shipping costs: for orders from €1.00 to €49.99, the shipping cost is €5.00; above this amount, shipping is FREE.
• Delivery cannot be made to so-called "free zones", including, by way of example, the localities of Livigno, Campione d'Italia, Ahvenanmaan lääni (FI), Azores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Channel Islands (GB) or to post office boxes or post offices. Should the shipping address be a post office box or post office or in one of the indicated localities, Almaphilia S.r.L. will proceed to terminate the contract pursuant to and for the effects of art. 1456 of the Civil Code and to refund the total amount due, if already paid. In case of doubts about the destination locality, the customer is invited to request information by submitting a report by accessing the "Online Customer Service" section of the Website.
• The delivery obligation is understood to be fulfilled by the transfer of physical possession or, in any case, control of the Products to the customer. The risk of loss or damage to the Products, due to causes not attributable to Almaphilia S.r.L., will instead be transferred to the customer when the customer or a third party designated by him and different from the carrier, physically takes possession of the Products.
• Delivery costs are borne by the customer, unless otherwise indicated in the Product's Technical Data Sheet. The amount (including VAT) of these costs, which may vary in relation to the delivery methods chosen by the customer, as well as in relation to the destination, number, and weight/volume of the Products that the customer decides to purchase, will be expressly and separately indicated in relation to the individual Product in the Product's Technical Data Sheet and, in any case, before the customer submits the purchase order. This amount will finally be reported in the "Order Registration Confirmation" and "Shipping Confirmation" email.
  For the delivery of Products in certain territorial areas, specifically indicated during the purchase procedure, payment of an additional charge ("shipping cost contribution for remote area") may be required, the exact amount of which will be clearly indicated during the purchase procedure and before order submission.
• Where applicable, customs duties and taxes are borne by the customer, and these will not be refunded in case of termination of the purchase contract for any reason whatsoever. In any case, the amount due for non-refundable customs duties and taxes in case of termination of the purchase contract will be explicitly indicated in the purchase procedure, before the customer transmits the order.
• In the order summary, and therefore before the customer proceeds with its transmission, the total price of the order will be indicated, with separate indication of delivery costs and any other additional expenses. This total, which will also be indicated to the customer in the "Order Registration Confirmation" email, will constitute the total amount owed by the customer in relation to the order. Nothing more is owed by the customer than this amount.
  In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the customer will be calculated based on the weight of the Product subject to withdrawal, making a proportional distribution of delivery costs in relation to each Product forming part of the Multiple Order and refunding those attributable to the returned Product. In any case, the amount of delivery costs to be refunded can never exceed that actually paid by the user.
• Delivery of what has been ordered is intended at street level, unless:
  • otherwise communicated by Almaphilia S.r.L. Customer Service;
  • as provided in the Product Technical Data Sheet;
  • the purchase of the upstairs delivery service, where provided.
• It is possible to purchase "Additional Delivery Services". The list of "Additional Delivery Services" available for the individual Product, their detailed description, and the exact indication of their cost (in Euros and including VAT) will be provided in the Product Technical Data Sheet or during the purchase process, as the availability and cost of the service are often linked to the destination of the goods. In the event of exercising the right of withdrawal, all delivery costs, including those related to any "Additional Delivery Services" purchased by the customer, will be refunded to the customer, while costs for any "Additional Services" other than "Additional Delivery Services", if purchased by the customer, will not be refunded.
  Should "delivery to the apartment floor" prove impossible due to the lack of stair and door size requirements specified in the Product Technical Data Sheet or communicated by Almaphilia S.r.L. Customer Service, the Courier will deliver the Product to the street level. In case of refusal by the customer, Almaphilia S.r.L. will still charge the delivery costs.
• The customer is advised to check upon delivery:
  • that the number of packages delivered corresponds to what is indicated in the shipping document sent in advance via e-mail;
  • that the packaging is intact, not damaged, wet, or otherwise altered;
  • that the sealing materials (adhesive tape or plastic straps) have not been tampered with in any way.
• Furthermore, the customer is invited, in their own interest, to report any damage to the packaging or discrepancies in the number of packages by affixing a "WRITTEN CONTROL RESERVE" and specifying the reason for the reserve (e.g., "packaging punctured", "packaging crushed", etc.) on the courier's delivery receipt.
  Receiving the Products without reservation, in fact, does not allow the customer to take legal action against the courier in the event of loss or damage to the Products, unless the loss or damage is due to intentional misconduct or gross negligence on the part of the courier itself, and except for partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is known and no later than eight days after receipt. In any case, the application of the rules regarding the right of withdrawal and legal warranty of conformity remains unaffected.
• The customer is obliged to report any particular characteristics relating to the delivery location of the Product and/or its position. Should they fail to provide such information or provide incorrect information, any additional costs that Almaphilia S.r.L. may incur to complete the delivery of the Product will be at their expense.
• The customer acknowledges that collecting the Product is their precise obligation deriving from the purchase contract. In the event of failed delivery due to the recipient's absence at the address specified in the order form, after two failed delivery attempts, the package will be held in storage. In the event of failure to collect the Product within five working days from the day after the courier left the delivery notice, the contract will be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Civil Code. Once the contract is terminated, Almaphilia S.r.L. will proceed with the refund of the total amount eventually paid by the customer, deducting the costs of the unsuccessful Product delivery, the return costs to Almaphilia S.r.L. and any other expenses incurred by it due to the day after the courier left the delivery notice. The termination of the contract and the refund amount will be communicated to the customer via e-mail.
• Those who have failed to collect a shipment more than twice, regardless of the delivery or payment method chosen, cannot make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by right pursuant to and for the purposes of art. 1456 of the Civil Code. The termination of the contract will be communicated to the customer via email.
• Delivery terms will be indicated during the purchase process, before the customer submits the order; they run from the order transmission date, unless otherwise specified.
  In the case of Multiple Orders, all Products included in the Multiple Order will be delivered simultaneously; the delivery term, in such a case, will be the longest among the delivery terms of each Product included in the Multiple Order, as indicated in the relevant Technical Data Sheet or during the purchase process, before the customer submits the order. The delivery term of the specific order (single or multiple) will also be indicated in the Order Registration Confirmation e-mail.
  In the event of omitted indication of the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract.
  To resolve some logistical or other issues that may arise regarding delivery, it may be necessary to contact the customer.
  In any case, when Almaphilia S.r.L. entrusts the shipment to the courier, the customer is notified by an SMS and an "Shipping Confirmation" e-mail. This e-mail contains all the details relating to the delivery: list of Products shipped, amount due, specific payment methods accepted by the Courier in charge of delivery, Tracking number of the shipment linked to the courier's website (if available).
• In the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the Order Registration Confirmation e-mail, the customer, pursuant to art. 61 of the Consumer Code, invites Almaphilia S.r.L. to make the delivery within an additional period appropriate to the circumstances ("Additional Term pursuant to art. 61, III paragraph, Consumer Code"). If this Additional Term expires without the Products having been delivered, the customer is entitled to terminate the contract ("Termination of contract pursuant to art. 61, III paragraph, Consumer Code"), without prejudice to the right to compensation for damages. The customer is not burdened with the obligation to grant Almaphilia S.r.L. the Term

Additional pursuant to art. 61, III paragraph, Consumer Code ("Excluded Cases") if:

• Almaphilia S.r.L. has expressly refused to deliver the Products;
• compliance with the delivery term indicated during the purchase process and in the "Order Registration Confirmation" e-mail must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
• the customer has informed Almaphilia S.r.L., before the conclusion of the contract, that delivery by a specific date is essential.

In Excluded Cases, the customer, if they do not receive the Products within the delivery term indicated during the purchase process and in the "Order Registration Confirmation", is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Termination of Contract in Excluded Cases"). The indication of the Additional Term pursuant to art. 61, III, Consumer Code and the communication of Termination of Contract pursuant to art. 61, III paragraph, Consumer Code or Termination of Contract in Excluded Cases must be communicated by the customer to Almaphilia S.r.L. at the Customer Service e-mail address. In the event of Termination of Contract pursuant to art. 61, III paragraph, Consumer Code or Termination in Excluded Cases, Almaphilia S.r.L. will refund the Total Amount Due to the customer without undue delay. The refund will be made using the methods indicated in the "Payment Methods" section, where applicable. In the event that the customer does not proceed with setting the Additional Term pursuant to art. 61, III, Consumer Code or, if the conditions are met, with the Termination of Contract pursuant to art. 61, III paragraph, Consumer Code or the Termination of Contract in Excluded Cases, Almaphilia S.r.L., without prejudice to the customer's right to avail themselves at any time of these remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, undertakes, in any case, to:

• Promptly notify the customer by e-mail of the delivery delay, simultaneously indicating the new delivery term, if available, which must be accepted by the customer via e-mail;
• In case of delivery with a delay of 10 days or more, grant the customer who requests it a refund of the delivery costs and any other costs, including for "Additional delivery services" or other services purchased by them, immediately and in any case within 10 days of the request, or, alternatively, grant the customer a discount voucher equal to the value of the delivery costs paid by the customer, redeemable on the Site within 3 months.

RIGHT OF WITHDRAWAL

• Pursuant to arts. 52 et seq. of the Consumer Code, the customer who is a consumer has the right to withdraw from the product purchase contract without incurring costs other than the direct costs of returning the goods, as provided in this section and without having to provide any reason, within fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days:
  • in the case of an order relating to a single Product, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the Products;
  • in the case of a Multiple Order with separate deliveries, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last Product;
  • in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last lot or piece.
• To exercise the right of withdrawal, the customer must inform Almaphilia S.r.L., before the expiry of the Withdrawal Period, of their decision to withdraw. For this purpose, the customer can:
  • (a) access the "Customer Service" section and fill out the form by sending their request to exercise the right of withdrawal.
    Following the submission of the Online Withdrawal Declaration, Almaphilia S.r.L. will promptly communicate to the customer a confirmation of receipt of the Online Withdrawal Declaration via e-mail, with the relevant temporal references (date/time of receipt);
  • (b) submit any other explicit statement of their decision to withdraw from the contract ("Withdrawal Declaration"). The Withdrawal Declaration must be sent to the following address: by registered mail to Almaphilia S.r.L. Via Aldo Moro 9/11 46019 Viadana (MN). In the event that the customer uses the Withdrawal Declaration, they are invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which they intend to exercise the right of withdrawal and their address.
• The customer has exercised their right of withdrawal within the Withdrawal Period if the Withdrawal Declaration is sent by the consumer before the expiry of the Withdrawal Period. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on the customer, it is in the customer's interest to use a durable medium when communicating their withdrawal to Almaphilia S.r.L.
• The Product, suitably packaged and protected and complete in all its parts (labels, tags, envelopes, photographs, etc.), must be shipped to Almaphilia S.r.L. without undue delay and in any case within 14 calendar days from the date on which the customer communicated their decision to withdraw to Almaphilia S.r.L. The deadline is met if the customer ships the Product before the expiry of the 14-day period.
• The Standard Withdrawal Instructions, containing information on the exercise of the right of withdrawal, are made available to the customer on the Site before the conclusion of the contract, through the "Right of Withdrawal" link and attached to the Order Registration Confirmation e-mail.
• The customer is solely responsible for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product may be tried on, tested or verified but must not have been used, washed or damaged; it must therefore be kept with normal diligence and returned intact, perfectly suitable for its intended use and free of signs of wear or dirt, complete in all its parts, accompanied by all accessories and instruction sheets, with identification tags, labels and the disposable seal, if present, still attached to the Product and intact and not tampered with.
  The Products sold on the Site are original and are shipped in their authentic packaging; upon return, the Products must be returned as received, in their original packaging, and including any accessories (e.g., hangers, garment bags, belts, cables, batteries, manuals, etc.) and/or elements that constitute an integral part thereof (e.g., identification tag with disposable seal).
  For example, in the case of a clothing product, the identification tag must still be attached to the Products with the disposable seal, it constitutes an integral part of the Product; in the case of products belonging to the footwear category, the soles must be in perfect condition and show no signs of any kind. Furthermore, in the case of products belonging to the underwear category (swimsuits, briefs, boxers, etc.), for hygiene reasons, users are advised to try them on while wearing their own underwear, in any case, the Products must not show any signs of use.
  Withdrawal also applies to the Product in its entirety. It cannot be exercised in relation to parts and/or accessories of the Product.
• The customer must return the Product to Almaphilia S.r.L. using a carrier of their choice. The direct costs of returning the Product are borne by the customer. For the purpose of returning the Product within 14 calendar days from the date on which the customer communicated their decision to withdraw to Almaphilia S.r.L., the customer may use, at their choice and without prejudice to the right to follow the return procedure provided in the preceding paragraph, the alternative return procedure by means of the courier indicated by Almaphilia S.r.L. In this case, the customer must use the pre-filled label that Almaphilia S.r.L. sent them by e-mail after they communicated their withdrawal. The label must be attached to the package containing the Product that the customer intends to return, ensuring that it covers the label relating to the shipment with which the package was delivered to the customer. The user can then contact the courier indicated by Almaphilia S.r.L. via email with the relevant phone number and any call costs, to book the collection of the package and arrange the date and place of collection. The shipment takes place under the responsibility of Almaphilia S.r.L., but the direct costs of returning the Product to Ecommerce Outsourcing are borne by the user; these costs will be equal to those incurred by the customer to receive the Product and will be directly deducted by Almaphilia S.r.L. from the amount that will be refunded to the user following the exercise of the right of withdrawal, in accordance with the following paragraph.
• If the customer withdraws from the contract, Almaphilia S.r.L. will refund the sums paid by the customer for the Product, including delivery costs and those of any "Additional delivery services" purchased by the customer, excluding the amount paid for any purchase of "Additional Services" other than delivery, without undue delay and in any case no later than 14 calendar days from the day on which Initaly S.r.L. was informed of the customer's decision to withdraw from the contract. Where applicable and explicitly indicated during the purchase process, customs duties and charges are borne by the customer, which will not be refunded in case of exercise of the right of withdrawal. As provided for by art. 56, III paragraph of the Consumer Code, Initaly S.r.L. may suspend the refund until the Products are received or until the customer has demonstrated that they have shipped the Products, if earlier, except in cases where the customer uses the return method by courier, as referred to in the preceding paragraph.
• Without prejudice to the above provisions regarding the refund of the return costs of the Product in the event that the customer uses the return method by courier as referred to in the preceding paragraph, the refund will be made by reversing the transaction using the same payment method chosen by the customer at the time of the order, with the exception of those payment methods (such as cash on delivery) where this is not possible and for which it will be clearly indicated on the payment method selection page. In the latter case, the customer will be responsible for promptly providing in writing (e.g., also in the same withdrawal communication) the bank details on which to obtain the refund to allow Almaphilia S.r.L. to make the refund. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the amounts due for their purchase, the refund of the amounts, in case of exercise of the right of withdrawal, will be made by Almaphilia S.r.L., in any case, to the person who made the payment.
• In the event that, due to one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Technical Data Sheet and, in any case, during the purchase process, before the customer proceeds with the transmission of the order.
• In the event that the withdrawal has not been exercised in accordance with the applicable regulations and, in particular, in the event that the Product is not intact in all its parts and/or accompanied by its accessories and/or elements that constitute an integral part thereof (e.g., identification tag, disposable seal, hangers, belts, cables, batteries, manuals, etc.), it will not result in the termination of the contract and, consequently, will not give the right to a refund of what was paid by the customer for the Product. Almaphilia S.r.L. will notify the customer by e-mail within 5 working days of receipt of the Product, rejecting the withdrawal request. The Product, if it has already reached Almaphilia S.r.L., will remain with the latter at the customer's disposal for collection, which must take place at the customer's expense and under their responsibility.
• In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Almaphilia S.r.L. will notify the customer of this circumstance and the consequent reduced refund amount, by e-mail, within 5 working days of receipt of the Product, providing them, if the refund has already been paid, with the bank details for the payment of the amount due from the customer due to the decrease in value of the Product.

RETURN CONDITIONS AND PROCEDURE

For us, it's important to guarantee you the best possible experience, from the first moment you visit our site and throughout the purchase process. For this reason, we have decided to make our return policy quick and easy.
If your purchase is not 100% satisfactory, you can return one or more items within 30 days from the date the order was delivered.
If the product is defective, damaged or ruined, please contact us by email: we will arrange a suitable day to send the courier to collect the package.

N.B. it is however necessary to demonstrate the defect beforehand with photographic material.

If the return has a reason other than a defect, the customer is authorized, within the specified time limits, to send the goods back using a traceable service.
In both cases described above, the item must be returned in the same condition in which it was received: with all intact tags still attached and in the original packaging (bags, seals even if detached, labels, ribbons, tags, etc.).
Products belonging to the same order must be returned together, in a single package.
It is also necessary to include a copy of the order or any reference that helps us identify the order and the customer inside the package.

The address to which the goods should be returned is: Almaphilia S.r.L. Via Aldo Moro 9/11, 46019, Viadana MN

If you withdraw from the purchase contract, you will be reimbursed for all payments made to us, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These reimbursements will be carried out using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If the initial payment was made using cash on delivery or bank transfer, it will be your responsibility to provide the bank details for the reimbursement.
The reimbursement will be suspended until the goods are received and checked at our premises.

You are requested to send back the goods, without undue delay and in any event within 14 days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.

You will bear the direct cost of returning the goods.

You will be held liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

LEGAL GUARANTEE OF CONFORMITY

• All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of Legislative Decree no. 206/2005 ("Consumer Code") ("Legal Guarantee").

TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. It therefore applies only to Customers who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

WHEN IT APPLIES

The seller (and, therefore, for purchases made on the Site, Almaphilia S.r.L.) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that any defects of conformity that become apparent within six months from the delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following the delivery of the product, however, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.

• To benefit from the Legal Guarantee, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the Customer to keep the purchase invoice, which Almaphilia S.r.L. sends by e-mail in PDF format, as well as the delivery note or any other document that can prove the date of purchase (for example, the credit card statement or bank statement).

WHAT IS A LACK OF CONFORMITY

A lack of conformity exists when the purchased good:

• is not fit for the purposes for which goods of the same type are normally used;
• does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
• does not show the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or on the labelling;
• is not suitable for the particular use desired by the consumer and which was brought to the seller's attention at the time of the conclusion of the contract and which the seller has accepted.

Therefore, any breakdowns or malfunctions caused by accidental events or by the Customer's responsibility or by a use of the product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the product are excluded from the scope of the Legal Guarantee.

REMEDIES AVAILABLE TO THE CUSTOMER

In case of a lack of conformity duly reported within the terms, the Customer has the right:

• primarily, to the free repair or replacement of the good, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
• secondarily (i.e., if repair or replacement is impossible or excessively burdensome, or if repair or replacement has not been carried out within a reasonable time, or if the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to a reduction in price or termination of the contract, at his choice.

The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to alternative remedies that can be pursued, taking into account:

• the value the goods would have if there were no lack of conformity;
• the extent of the lack of conformity;
• the possibility of the alternative remedy being pursued without significant inconvenience for the consumer.

WHAT TO DO IN THE EVENT OF A LACK OF CONFORMITY

In the event that a product purchased on the Site, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the Customer must send Almaphilia S.r.L. a specific communication, using the Online Assistance Service from within their "Order Summary" accessible via the "Order History" section (those who have placed the order without registration can access their "Order Summary" through the instructions contained in the "Customer Service" section).
Almaphilia S.r.L. reserves the right to ask the Customer to attach the purchase invoice and/or the delivery note or other document proving the date of purchase to the request. Customer Service will respond promptly to the Customer's communication, indicating the next steps to be taken.

PRODUCTS FOR WHICH THERE IS AN AUTHORIZED SERVICE CENTER (ASC)

In the event that there is an Authorized Service Center (ASC) for the Product by the manufacturer and the Customer prefers to take or send the Product directly to the ASC, the Customer will be provided with the address of the geographically competent ASC. If, on the other hand, the Customer does not intend to proceed directly with such sending, they may communicate this to Almaphilia S.r.L. by making an online report to Customer Service (via the "Order History" section), which will then arrange for the collection of the product from the Customer and, in turn, for the sending of the Product to the geographically competent ASC. In both cases, Almaphilia S.r.L. is responsible for the application of the legal guarantee. In the case of Products that are not easily transportable, Almaphilia S.r.L. will, at the Customer's request, undertake to contact a geographically competent ASC for an authorized technician to visit the Customer's home.
The ASC will carry out the necessary checks to ascertain the existence or non-existence of the reported lack of conformity. If the defect exists, and if the Customer has chosen repair, the ASC will proceed with the repair. If, on the other hand, the Customer has chosen replacement and it is not excessively burdensome or objectively impossible for Almaphilia S.r.L. compared to repair, Almaphilia S.r.L. will proceed with the replacement of the Product. If the ASC finds a lack of conformity, any repair costs and transport costs to the ASC will be borne by Almaphilia S.r.L. If the ASC does not find a lack of conformity, the Legal Guarantee will not be applicable, and therefore, transport costs and any repair costs will be borne by the Customer. Almaphilia S.r.L. will inform the Customer of the circumstances and any costs to be incurred for the repair, by sending the estimate issued by the ASC, so that the Customer can decide whether or not to have the repair carried out at their own expense. The Customer must authorize the repair at their own expense in writing.
In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and, in any case, except in exceptional circumstances or force majeure, within 60 days from the day on which Almaphilia S.r.L. received the defective product and/or it arrived at the ASC upon the Customer's sending. If the replacement or repair initially chosen is not carried out within this period, the Customer may request one of the alternative remedies provided by the Legal Guarantee (replacement, if repair was requested; repair if replacement was requested; price reduction or termination of the contract). Within this period, the new Product or the repaired Product will be delivered to the Customer.

PRODUCTS FOR WHICH THERE IS NO ASC

In the event that the nature of the Product does not provide for the existence of an ASC, the Product for which the Customer complains of a lack of conformity will be collected by Almaphilia S.r.L. which will verify the existence or non-existence of the reported defect.
All other provisions of the preceding section "Products for which there is an ASC" apply, insofar as they are compatible.

ADDITIONAL PAID ASSISTANCE SERVICES

No additional assistance services are provided.

CUSTOMER SERVICE AND COMPLAINTS

It is possible to request information, send communications, request assistance or submit complaints by contacting Almaphilia S.r.L. Via Aldo Moro 9/11 – 46019 Viadana (MN) or through the Website by accessing the Customer Assistance section. Almaphilia S.r.L. will respond to complaints by email or post within a maximum of 5 working days.

APPLICABLE LAW

• The purchase contract concluded on the Site is governed by Italian law.
• The application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in case of exercising such right, the methods and formalities of communicating the same and the legal guarantee of conformity.
• For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the customer resides or has elected domicile shall have jurisdiction, if the latter is a consumer, as defined by the Consumer Code.
• The customer residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, duties and expenses, €2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.