Terms and conditions

1. INTRODUCTION
This document (together with the documents mentioned therein) contains the conditions governing the use of this website (https://ilclandonna.com) and the purchase of the items contained therein (hereinafter the "Conditions"). Please read these Terms, the Cookies Policy and the Information on the Protection of Personal Data (hereinafter jointly referred to as the "Data Protection Policies") carefully before using this website. We inform you that the use of this website or the transmission of an order through the same, implies acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all the aforementioned Conditions and Policies of Data Protection, please do not use this website. For any request, doubt or question relating to the Data Protection Conditions and Policies, you can contact us using the appropriate contact form.

2. OUR DATA
The sale of products through this site is managed by Il Clan Donna srl, with registered office in Via Broggi 5, 21100 Varese, VAT number 02731520124, e-mail address ilclandonna@gmail.com, telephone number 0332234182.

3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
 The information or personal data provided by the user will be treated in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or data information provided to us are accurate and truthful.

4. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:

  • use the website only to carry out legally valid queries or orders;

  • do not place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and notify the relevant authorities;

  • provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, you consent to our use of this information to get in touch with you (if necessary, read the Information on the Protection of Personal Data). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

5. AVAILABILITY OF THE SERVICE
The items offered through this website are available for delivery on international territory.

6. METHOD OF PERFORMING THE CONTRACT
The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be returned to you in full. To place an order, you must follow the online purchase procedure and click on "Authorise payment". Subsequently, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). It is understood that this will not imply acceptance of your order since it constitutes an offer that you make in comparisons with us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by sending an e-mail confirming that the order is being shipped (the "Confirmation of Shipping"). The contract between us and you for the purchase of a product (the "Contract") will only be concluded when we send you the Dispatch Confirmation. Only the products indicated in the Shipping Confirmation will be the object of the Contract. We will have no obligation to supply you with any other product which you have not ordered until we confirm in the Dispatch Confirmation that such product has been despatched.

7. AVAILABILITY OF PRODUCTS
All product orders are subject to product availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to substitute products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any monies you may have already paid.

8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on it. Whilst we will always endeavor to process all orders, exceptional circumstances may arise which require us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time. We have no liability to you or any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for our failure to process your order after you have submitted it. of the Order Confirmation.

9. DELIVERY
Without prejudice to the provisions of article 7 above and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product/s indicated in the relative Shipping Confirmation within the maximum term of 30 days from the date of the Order Confirmation. However, delays may occur for various reasons such as, customization of the products, the occurrence of unforeseen circumstances or the delivery area. If for any reason we are unable to meet the delivery terms, we will inform you and give you the options to continue shopping by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid. . Please note that no home deliveries are made on Saturdays and public holidays. For the purposes of these Conditions, the "delivery" will be understood to have taken place or the order "delivered" through the acquisition, by you or a third party indicated by you, of the material availability or in any case control of the products, which will be proven by signing the order receipt to the agreed shipping address.

10. IMPOSSIBILITY OF DELIVERY
In case of absence of the consignee, c/o his own domicile, and consequently of non-delivery, the courier will leave a first notice of stock (copy of the waybill); a second notice will be delivered through the competent post office. You will be able to collect the parcel from the UP after 2 working days from the date of the attempted delivery with the exception of Saturdays and public holidays. This information is given on the notice left to you. The shipment will remain in storage at the competent Post Office for seven working days, including Saturdays, starting from the date of issue of the second notice. If you fail to pick up, the shipment will either be sent to Us or abandoned as determined by Us at the time of creation of the LOS. The return costs are borne by us even in the absence of any indication on the shipment.

11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurs at a later time .

12. PRICE AND PAYMENT
12.1 Price
The price of the products will be as indicated on our website from time to time, except where there is an obvious error. Although we make every effort to ensure that all prices appearing on the site are correct, errors may occur. If we discover errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct amount or canceling it. If we are unable to get in touch with you, the order will be canceled and you will be refunded the full amount paid. We will have no obligation to supply you with the product(s) at the lower price incorrectly indicated (even if we have already sent you the Dispatch Confirmation) if the pricing error was obvious and unmistakable and therefore if it was reasonably possible for you to identify it as incorrect. The prices on the website include VAT, but exclude shipping costs, which are to be added to the total amount payable, as indicated in our Buying Guide - Shipping Costs. Prices may vary at any time; however (unless previously stated) possible changes will not affect orders for which we have already sent an Order Confirmation. Once you have selected the items you wish to purchase, these items will be added to your cart and the next step will involve completing the order and making payment. To this end, he must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process. Furthermore, you can change the details of your order at any time during the purchase process before payment. You can find a detailed description of the buying process in the Buying Guide.

12.2 Payment
You can pay by Visa, Mastercard, American Express credit cards and via PayPal and Apple Pay. To reduce the risk of unauthorized access, your card details will be encrypted. Once we have received your order, we will pre-authorise your credit card to make sure you have sufficient funds to complete the transaction. Your card will be debited when your order leaves our warehouses. If the chosen payment method is PayPal, the charge will take place during the order confirmation phase. By clicking on "Authorise Payment" you will confirm that the credit card belongs to you. Credit cards will be subject to verification and authorization by the issuer of the same, but if this institution does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to enter into any Contract with you.

13. PURCHASE AS A GUEST
The function of purchasing products as a guest is also available on this site. With this method of purchase, you will only be asked for those data that are essential to process your order. Upon completion of the purchase process, you will be offered the option of registering as a user or continuing as an unregistered user.

14. VAT (VALUE ADDED TAX)
In accordance with the regulations in force, any purchase made through the website will be subject to Value Added Tax (VAT), except for those whose destination is the Canary Islands, Ceuta and Melilla. In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, relating to the common system of value added tax (VAT), the deliveries will be considered located in the State State which appears in the delivery address of the articles, the applicable VAT being that legally in force in each Member State of destination of the articles which have been delivered in each order. In accordance with the legislation applicable in each jurisdiction, in the deliveries of goods made in certain member countries of the European Union to a business or professional recipient, the so-called "reverse charge" rule could be applicable (article 194 of Directive 2006/112/EC ). In this case, we will not apply VAT, provided we receive confirmation from the recipient that the VAT on the products purchased will be paid by the recipient himself within the scope of the "reverse charge". In orders with destination Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by virtue of the provisions of article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in compliance with the legislation in force in each of them .

15. RETURNS/EXCHANGES POLICY
15.1 Right of withdrawal by law Right of withdrawal
If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period referred to in the previous paragraph ends after 14 days starting from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good.
To exercise the right of withdrawal, you must inform us by writing to Il Clan Donna srl, via Broggi 5, 21100 Varese, by telephone on 0332234182, by sending an e-mail to ilclandonna@gmail.com or by writing in the appropriate contact form, of your decision to withdraw from the Contract by means of an explicit declaration (for example a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs, without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract . These refunds will be made using the same means of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have sent the goods back, whichever is the earlier. You are requested to return the goods without undue delay and, in any case, within 14 days from the day on which you communicated your withdrawal from the Contract to us. The deadline is met if you send back the goods before the 14-day period has expired. The direct costs of returning the goods will be at your expense. You are only liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

15.2 Conventional right of withdrawal
In addition to the right of withdrawal recognized by law to consumers and users referred to in the previous article 15.1), we will grant you a period of 30 days starting from the date of receipt of the Shipping Confirmation to return the products (except for products indicated in article 15.3 below, for which the right of withdrawal is excluded). If you return the products within the term for exercising the conventional right of withdrawal but after the expiry of the term for exercising the right of withdrawal by law, you will only be refunded the amount paid for these products. The direct costs of returning the goods will be at your expense. You may exercise your right of withdrawal in accordance with the provisions of the previous article 15.1, it being understood that if you inform us of your intention to withdraw from the Contract after the deadline for exercising the right of withdrawal by law, you must, in any case, deliver to us the goods within 30 days from the date of receipt of the Shipping Confirmation.

15.3 Common Provisions
You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:

  1. Personalized items.

  2. Music CDs/DVDs, without the original wrapping.

  3. Sealed goods which are not suitable for return for hygienic reasons and have been opened after delivery.

Your right to withdraw from the Contract will only apply to those products returned in the same condition in which you received them. No refund will be made if the product has been used beyond simple opening and for products that are not in the same condition in which they were delivered or if they have been damaged: We therefore invite you to take care of the products as long as they are in His availability and possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, accompanying the products. Exchanges can only be made with the same product of a different size and colour. You can return the product by delivering it to a courier who will send it to your home, as better specified below. None of these return methods will involve any additional cost for you.

Returns by courier
You will need to contact us using the return request form so that we can arrange collection at your home address. You must return the product in the wrapping and package in which you received it, following the instructions in the "RETURNS" section of this website. If you have purchased the products as a guest, you can request collection by courier by contacting us on 0332234182 . After evaluating the condition of the item, we will inform you if you are entitled to a refund of the amount paid. Shipping costs will be charged to the customer. The refund will be made as soon as possible and in any case within 14 days from the date on which you have notified us of your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have sent the goods back, whichever is the earlier. The refund will always be made via the payment method used to make the purchase. You will be responsible for the costs and risks of returning the products, as indicated above. For any doubts, you can get in touch with us through our contact form or by calling us on 0332234182 .

15.4 Return of defective products
In the event that you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us using our contact form, indicating the product data as well as the damage suffered, or by calling 0332234182 and we will indicate the procedure to follow. You must return the product to the address indicated in the electronic document that you will receive together with the Shipping Confirmation. We will proceed to carefully examine the returned product and will notify you by email, within a reasonable time, if we will proceed with a refund or replacement of the product (as the case may be). The refund and/or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending an email from us in which we will confirm that we will proceed with the refund or replacement of the item unsuitable. The amount paid for the products that will be returned due to damage or defect, if they actually exist, will be refunded in full, including the delivery costs incurred for sending the item and for returning it by you. The refund will be made via the payment method used to make the purchase. All rights recognized by current legislation remain unaffected.

16. LIABILITY AND DISCLAIMER
Except as otherwise provided in these Terms, our liability in respect of products purchased on our website shall be limited solely to the purchase price of the relevant product. Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:

  • Cases of death or personal injury resulting from our negligence;

  • Cases of fraud or fraudulent activity;

  • Any circumstance in which it would be illegal or illegal for us to exclude, limit or seek to limit or exclude our liability.

Without prejudice to the provisions of the previous paragraph and to the extent permitted by applicable law, and except as otherwise provided in these Terms, we will not accept any liability for consequential damages, such as:

  • loss of profit;

  • loss of turnover;

  • loss of earnings or loss of contracts;

  • loss of expected savings;

  • data loss

  • waste of office administration time.

Due to the open nature of this website and the potential for errors to occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through this website, unless expressly stated otherwise. All product descriptions, information and materials appearing on the website are provided "as is" and without express or implied guarantees, without prejudice to those of the law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Contract if

  • comply with the description provided by us and possess the qualities presented on this website;

  • they are suitable for the use to which the products are normally intended;

  • show qualities and characteristics which are normal in products of the same type and which can reasonably be expected.

Within the limits established by law, we exclude all guarantees, except those that cannot be legitimately excluded in relation to consumers and users. Our products, especially those made by hand, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or color variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. We select only the highest quality products but this type of variation is unavoidable and must be accepted as part of the characteristic appearance of the product. These provisions do not in any way limit the rights recognized to consumers by current legislation or your rights to cancel the Contract.

17. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are owned by us and by those who have granted us licenses for their use. You may use such material only in the manner for which you receive express authorization from us or from those who have granted us licenses for their use. This will not prevent you from using this website to the extent necessary to copy your order information or contact details.

18. VIRUSES, PIRACY AND OTHER CYBER ATTACK RISKS
You must avoid any improper use of this site as well as avoid the introduction of viruses, troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorized, you must not access the website or the server where it is hosted or other servers, computers or databases related to our website. It undertakes not to perpetrate DoS attacks against this website. Failure to comply with this clause could lead to violations defined by the relevant legislation. In the event of non-compliance with the aforementioned regulation, we will take care of informing the competent authorities with whom we will collaborate to identify those responsible for the perpetrated attack. Likewise, in the event of non-compliance with this Article, your authorization to use the website will be immediately withdrawn. We accept no liability for any damage or loss resulting from a DoS attack, virus or any other program or material which may cause technological damage to your computer, computer equipment, data or material as a result of using our website or downloading contained by it or which redirect the user to it.

19. LINKS FROM OUR WEBSITE
Where our site contains links to other pages or materials from third parties, such links are provided for information only, without our control over the content or materials contained on such pages or sites. Therefore, we accept no responsibility for any damage or loss resulting from their use.

20. WRITTEN COMMUNICATIONS
The applicable legislation provides that part of the information or communications that we will send you are in written form. By using this website, you agree that most communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by placing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit the rights recognized by current legislation.

21. NOTICES
All communications addressed to us should be sent preferably using our online form. Without prejudice to what is specified in article 20, we reserve the right to send you any communications by e-mail or by post to the address provided to us when placing the order. Notices will be deemed to have been received and properly notified when posted on our website respectively, 24 hours after an email is sent, i.e. three days after the date of posting. To demonstrate that a communication has been served, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of e-mail, that it was sent to the address and recipient's email.

22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as our respective successors and assigns. You are prohibited from transferring or assigning the Contract, or any of the rights or obligations under it, in any way, without our prior written consent. We will have the right to freely transfer, assign, subcontract or dispose of in any way and at any time the Contract, or any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposition of the Contract will have no impact on the rights which you are entitled to as a consumer or will void, reduce or limit in any way any of the guarantees or responsibilities offered by us, explicitly or implicitly.

23. FORCE MAJEURE
We will not be liable in any way for any failure or delay in performing any of our obligations under the Contract caused by events which are beyond our reasonable control ("Force Majeure Events"). Force Majeure Event means any act, event, non-happening, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, the following:

  1. Strikes, lockouts or other industrial action.

  2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats of war.

  3. fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.

  4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.

  5. Inability to use public or private telecommunications networks.

  6. Acts, decrees, laws, regulations or restrictions of any government.

  7. Any major maritime, postal or other transport strike, disaster or accident.

It is understood that the execution of the obligations referred to in the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, while pending Force Majeure Events, we will endeavor to find a solution by which to comply with our contractual obligations.

24. WAIVER
If we omit, during the execution of the Contract, to claim the exact fulfillment of any of your obligations, or of any of the obligations set out in these General Conditions, or again, we omit to exercise any of the rights or actions to which we are entitled pursuant to the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you of the fulfillment of the related obligations. Our eventual tolerance in the face of your default will not constitute any waiver to react in the face of a subsequent default. No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of articles 19 and 20 above.

25. PARTIAL NULLITY
If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be judged invalid, illicit or inapplicable by the competent authority, this article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the fullest extent permitted by law.

26. INTEGRITY OF THE AGREEMENT
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject matter of the Contract and replace any previous agreement, understanding or agreement between us, whether oral or written. You and we both acknowledge that, in entering into the Agreement, neither you nor we relied on any representation, undertaking or promise made by the other party, or inferable from what was said or written during the negotiations prior to the Agreement, but only on what expressly stated in these Terms. Both you and we will be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made willfully) and the only actions that the other party may undertake will be for breach of the Agreement, as provided in these Terms.

27. RIGHT TO MODIFY THESE TERMS
We reserve the right to revise and modify these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or of the Data Protection Policies must be made pursuant to the law or at the request of a governmental authority (in which case it will be valid also for orders already sent to us).

28. GOVERNING LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website are governed by Italian law. For the solution of civil and criminal disputes deriving from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Varese.

29. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them via our contact form. We also make official complaint forms available to consumers and users, which can be requested on 0332234182 or via our contact form.

Last updated December 28, 2022