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Term of sale

1. Subject
1.1. These general conditions of sale (hereinafter the “Conditions”) apply to the purchase of products (hereinafter “Products” or singularly “Product”) made through the e-commerce site www.alleconche.com (hereinafter the “Site”) by users qualified as “Consumers” under the subsequent Article 1.2. The Site is owned by CONCHE S.R.L. of Rondinone Tina, with registered office in Matera (MT), Vico Conche, 8/12, Italy, tax code, VAT number, and registration number in the Matera Business Register (MT) 01387120775, R.E.A. n. MT – 208164 (hereinafter “Owner”), and is managed by CONCHE S.R.L. of Rondinone Tina (hereinafter “CONCHE S.R.L.”).
1.2. CONCHE S.R.L. handles the sale of Products through the Site on behalf of the Owner. Purchases of Products made through the Site will involve CONCHE S.R.L. as the seller (hereinafter the “Seller”), and the person who purchases one or more Products for purposes not related to their entrepreneurial, commercial, artisanal, or professional activity as the buyer (hereinafter the “Consumer”), (Seller and Consumer will collectively be referred to as the “Parties”). The order fulfillment activities, including the delivery of the Products, will be managed directly by the Owner.
1.3. The Owner is not a party to these Conditions but holds the rights to the Site’s domain name, logos, trademarks, images, and all intellectual property rights related to the Products presented on the Site, as well as the copyright on the content of the Site.
1.4. Any communication from the Consumer related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contact details and in the manner indicated on the Site and to the Email address alleconche@gmail.com.
1.5. Each purchase is governed by the general conditions of sale in the version published on the Site at the time the Consumer places the order.
1.6. The Site is dedicated to retail sales and as such is intended for exclusive use by Consumers. Those who are not Consumers are invited not to make purchase orders. If one or more sales are made to a non-Consumer, these Conditions will apply but, by way of derogation:
a) the buyer will not be granted the right of withdrawal referred to in Article 10;
b) the buyer will not be entitled to the Product warranty referred to in Article 8;
c) the buyer will not be granted any other protections provided here for the Consumer that reflect or conform to mandatory legal provisions;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. By placing an order, the Consumer agrees that the confirmation of order information and these Conditions will be sent via Email to the address provided during registration on the Site or during the purchase process.
1.8. To make purchases through the Site, the Consumer must be of legal age (18 years) and possess the legal capacity to act, which the Consumer declares to have.
1.9. Any costs for Internet connection to the Site, including telephone expenses, according to the rates applied by the operator selected by the Consumer, are exclusively borne by the Consumer.

2. Characteristics of the Products and Their Availability in Different Geographic Areas

2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the Consumer submits the order, excluding any other terms or conditions.
2.2. The Seller reserves the right to modify these Conditions at any time, at its sole discretion, without any need to provide prior notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply solely to sales concluded from that date onwards.
2.3. Prices, Products for sale on the Site, and/or their characteristics may be subject to changes without notice. Such changes apply only to orders not yet confirmed by the date of the change. In any case, before submitting the purchase order as per point 3 below, the Consumer is invited to check the final sale price.
2.4. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed on the Site.

3. Purchase Method for Products – Completion of Each Purchase Contract

3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller via the Site constitutes a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and which the Consumer is required to fully and unconditionally accept by sending the order to the Seller. Before proceeding with the purchase of the Products through the submission of the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command, and to store or reproduce a copy for personal use. Additionally, the Consumer will be asked to identify and correct any data entry errors.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an order confirmation email to the Consumer, at the email address provided by the Consumer to the Seller during registration on the Site or during the order submission if the Consumer is not registered on the Site. This email will include a link to the text of these Conditions, a summary of the order, including detailed pricing, shipping costs, applicable taxes, and a description of the Product’s characteristics. The Consumer’s order, the Seller’s order confirmation, and the Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems, and the Consumer may request a copy by sending an email to the Seller at alleconche@gmail.com.
3.4. Each purchase contract for the Products is deemed concluded when the Consumer receives the order confirmation from the Seller via email.

4. Product Selection and Purchase Procedure

4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and adding them to the appropriate virtual shopping cart. After selecting the Products, to complete the purchase, the Consumer will be invited to (i) register on the Site by providing the required data, or (ii) log in if the Consumer is already registered, or (iii) provide their data to complete the order and finalize the contract. If the data provided in the order differ from those provided during registration on the Site, the Consumer will be asked to confirm their data (e.g., name, surname, etc.), the address for delivering the selected Products, the billing address, and optionally, a phone number for any communications related to the purchase. The Consumer will see an order summary and can modify its contents: then, the Consumer must explicitly approve these Conditions by ticking the appropriate checkbox on the Site. Finally, by clicking the “Place Order” button, the Consumer will confirm the order, which will be definitively sent to the Seller and produce the effects described in paragraph 3.2 of this contract. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer chooses immediate payment via PayPal, Bank Transfer, or Credit Card, they will be required to provide the relevant information through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the Consumer’s details. After sending the order as described above, the Consumer will receive an acknowledgment email from the Seller, sent to the email address provided by the Consumer during registration or order submission if the Consumer is not registered, containing an order summary and a description of the Product’s characteristics. If payment is made by credit card, the purchase amount will only be charged when the subsequent order confirmation is sent from the Seller to the Consumer as described in paragraph 3.3.

4.2. If during the Product selection process on the Site, the Consumer notices that the price of one or more Products intended for purchase is significantly lower than the normal price, net of any discounts and/or promotions in effect, due to an obvious technical problem on the Site, the Consumer is requested not to complete the purchase order and to report the technical error to the Seller’s Customer Service by sending an email to alleconche@gmail.com.

5. Delivery of Goods and Acceptance

5.1. The Site indicates the availability of Products and their estimated delivery times; however, such information is purely indicative and not binding for the Seller.

5.2. The Seller commits to doing everything within its power to meet the delivery times indicated on the Site and, in any case, to deliver within a maximum period of 30 (thirty) days from the day following the one on which the Consumer sent the order. If the Seller fails to fulfill the order due to the temporary unavailability of the Product, the Seller will provide written communication to the Consumer and will refund any amounts already paid by the Consumer for the Product, as outlined in paragraph 5.3.

5.3. The shipment of Products ordered by the Consumer will occur using the method selected by the Consumer from those available and indicated on the Site at the time of the order. The Consumer agrees to promptly and as quickly as possible verify that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or discrepancies with the order placed, according to the procedure in Article 8 of these Conditions; otherwise, the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives visibly damaged, the Consumer is advised to refuse delivery by the carrier/shipper or to accept delivery “with reservation.”

6. Prices, Shipping Costs, Taxes, and Duties

6.1. The price of the Products is as indicated on the Site at the time the Consumer submits the order. Prices include standard packaging costs, VAT (if applicable), and any indirect taxes (if applicable), but do not include shipping costs, which are calculated before the order confirmation sent by the Seller to the Consumer. The Consumer agrees to pay the Seller the shipping costs in addition to the price indicated on the Site.

6.2. The Consumer must pay the Seller the total price as stated in the order and in the order confirmation email sent by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of any indirect taxes (if applicable), does not include customs duties and any other sales taxes, which the Consumer agrees to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the laws of the country where the Products will be delivered. The Consumer is advised to obtain information from the relevant authorities in their country of residence or destination of the Products to get information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, taxes, and/or duties that a given country may apply for any reason to the Products ordered under these Conditions shall be borne exclusively by the Consumer.

6.5. The Consumer declares that the lack of knowledge of any costs, charges, duties, taxes, and/or levies as referred to in paragraphs 6.3 and 6.4, at the time of sending an order to the Seller, shall not constitute a cause for termination of this contract and that such charges cannot be charged to the Seller in any way.

7. Payments

7.1. The payment for the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller will commence upon receipt of the payment for the Product(s) purchased into the Seller’s bank account.

7.2. Payment may be made by credit card or via PayPal, Bank Transfer, or Credit Cards under the conditions described below. The Seller may also allow additional payment methods, which will be indicated in the payment section of the Site.

7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site where the credit card details will be communicated directly to PayPal (Europe) S.à r.l. et Cie, S.C.A, a Luxembourg-based credit institution licensed under Article 2 of the Luxembourg Financial Sector Law of April 5, 1993, as amended, and is subject to the prudential supervision of the Luxembourg financial regulatory authority, the Commission de Surveillance du Secteur Financier, with its registered office at L-1150 Luxembourg. Since the service is limited to electronic money and does not constitute a deposit or investment service under the Law, PayPal customers do not benefit from the Luxembourg deposit guarantee schemes provided by the Association pour la Garantie des Dépôts Luxembourg (AGDL).

7.4. If the Consumer selects the “Amazon Pay” payment method, where available, the Consumer will be redirected to Amazon’s site, managed exclusively by Amazon, to enter their login credentials for the Amazon service and then select the delivery address (provided it is in one of the countries listed on the Site) and the payment method from those available in their Amazon account. By selecting the “Amazon Pay” payment method, the Consumer authorizes the Seller to receive their delivery address from Amazon.

7.5. The Seller will promptly send to the Consumer, if required by applicable law, an electronic receipt via email to the address provided by the Consumer if the Products are to be delivered within Italy, or a paper receipt attached to the Products if the delivery is to any other location.


8. Legal Warranty of Conformity, Reporting of Defects, and Warranty Actions

8.1. **Legal Warranty of Conformity**

Under European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (hereinafter “Consumer Code”), the Seller guarantees that the Products will be free from design and material defects and will conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. This warranty excludes any application in the case of misuse or washing of the Product not in accordance with the Product’s intended use and the instructions/warnings provided by the Seller and/or the Owner, or outlined in the relevant documentation, tags, or labels.

8.2. **Reporting Defects**

To claim this warranty, the Consumer must report any defects or non-conformities within 2 (two) months of discovering them by sending an email to Customer Service at alleconche@gmail.com. The email must detail the defect and/or non-conformity and include the documentation specified in the return form (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller, and/or the receipt). Failure to report within this timeframe will void the warranty claim.

8.3. **Assessment and Return Process**

After receiving the return form and related documentation, the Seller will assess the reported defects and non-conformities through the Owner’s assistance service. Following quality checks to verify the actual non-conformity of the Product, the Seller will decide whether to authorize the return of the Products. The Consumer will receive instructions for returning the Products via email to the address provided during registration on the Site or at the time of order placement. Authorization to return the Products does not imply acknowledgment of defects or non-conformities, which will be confirmed after the return. The Products authorized for return must be sent back by the Consumer, along with a copy of the return authorization communication, applying the pre-printed Return Code label from the received order to the package, within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address:

**CONCHE S.R.L. di Rondinone Tina**
Vico Conche, 8/12
75100 Matera (MT)
Italy

8.4. **Remedies for Defects and Non-Conformities**

In the case of defects or non-conformities, the Consumer is entitled to have the Product’s conformity restored by the Seller, through repair or replacement, or alternative remedies as expressly provided by Article 130 of Legislative Decree No. 206/2005. If the Seller has committed to refunding the Consumer, the refund will be made, if possible, using the same payment method used by the Consumer at the time of purchase or by bank transfer. The Consumer must provide the Seller with their bank details for the refund to be processed by sending an email to alleconche@gmail.com.

For detailed information on the Seller’s legal warranty, please refer to the specific document available on the Site.

In any case of product return, the shipping costs incurred by the Consumer are charged to the cost of the return shipment and offset against the refund, unless otherwise specified in individual promotions.

9. Liability for Defective Products

9.1. Concerning any damages caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. As a distributor of the Products through the Site, the Seller disclaims any and all liability, including but not limited to direct or indirect damages resulting from any defects in the Products, except as provided by applicable laws.

In the event of damages caused by defective Products, the Seller, upon request from the damaged Consumer, will provide the identity and address of the Product’s manufacturer. This information is provided to allow the Consumer to seek redress directly from the manufacturer in accordance with applicable legislation.

10. Right of Withdrawal

**10.1.** Without prejudice to the exceptions outlined in Article 59 of the Consumer Code, and as provided in the following Article 10.7, the Consumer has the right to withdraw from any contract concluded under these Terms and Conditions without providing any reason and without any penalty, within 14 (fourteen) days from the date when:

– (i) the Product was delivered, or
– (ii) in the case of the purchase of multiple Products delivered separately under a single order, the last Product was delivered.

**10.2.** To exercise the right of withdrawal, the Consumer must follow one of the following methods before the expiration of the term set out in point 10.1:

– Access the “My Returns” page from My Account, or, if not registered on the site, access the dedicated page and enter the order number and the Email used for the purchase.
– Alternatively, send an explicit declaration of withdrawal via the contact form or to the Email **alleconche@gmail.com**, indicating their decision to withdraw.

After exercising the right of withdrawal, the Consumer will receive a confirmation email, which, if the Product has already been received, will include instructions for returning the Product, to be sent within 14 days to:

**CONCHE S.R.L. di Rondinone Tina**
Vico Conche, 8/12
75100 Matera (MT)
Italy

**10.3.** If the Consumer has received the Product, they must return it to the address above without undue delay and, in any case, within 14 days from the day they communicated the withdrawal. The deadline is met if the Consumer sends the goods before the 14-day period expires. All risks and direct costs of returning the goods, as well as proof of return, are the Consumer’s responsibility. If the Consumer exercises the right of withdrawal via the site, the cost of return will be indicated before confirming the withdrawal request.

**10.4.** In the event of withdrawal, the Consumer will be refunded for the payments made, including delivery costs (except for any additional costs resulting from choosing a delivery method other than the least expensive standard delivery offered), without undue delay and in any case within 14 days from the exercise of the withdrawal. Refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a different payment method, in which case any additional costs resulting from the different payment method will be borne by the Consumer. The refund may be suspended until the goods are received or proof is provided that the goods have been sent back, whichever comes first.

**10.5.** The Consumer is responsible for the diminished value of the goods resulting from handling that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (e.g., signs of wear, abrasion, scratches, deformation, etc.), incomplete (including labels and tags intact and attached to the product), not accompanied by instructions/manuals, original packaging, and warranty certificates if present, the Consumer will be liable for the reduction in the value of the Product, and will be entitled to a refund of the amount corresponding to the remaining value of the Product. Therefore, the Consumer is invited to handle the goods only as necessary to establish their nature, characteristics, and functioning, and to protect the original packaging of the Products with additional protective packaging during transport to preserve its integrity and protect it from markings or labels.

**10.6.** **Exclusions from the Right of Withdrawal** – Pursuant to Article 59 of the Consumer Code, for reasons of hygiene or related to the health of the Consumer, the right of withdrawal is expressly excluded for perfumes, as well as for underwear and beachwear items from which the anti-use tag and/or hygiene strip and/or label have been removed. Underwear and beachwear items must be tried on over personal underwear. The hygiene strip must not be removed.

To best protect consumers and comply with hygiene and health regulations, if the anti-use tag and/or hygiene strip and/or label has been removed, or if the item is non-compliant, such items cannot be returned and will be held at our warehouse, at the address indicated to the Customer by our Customer Care, for 30 days following the notification of the non-acceptance of the return by CONCHE S.R.L.

After this period (30 days from the notification of non-acceptance of the return), if the Customer has not confirmed in writing their intention to either receive the returned product with shipping costs at their own expense or to arrange for the collection of the product from the warehouse, CONCHE S.R.L. will store the returned product for an additional 60 days, after which, without a written request from the Customer, the product will no longer be available for return or collection. If these items show, in CONCHE S.R.L.’s reasonable judgment, signs of use and/or washing, the return will not be accepted, and the above procedure will apply.

**10.7.** **Return Costs** – If the Consumer exercises the right of withdrawal, they will be informed of the cost of returning the goods, which will be calculated based on the return service offered on the site.

11. Intellectual Property Rights

11.1. The Consumer acknowledges that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of CONCHE S.R.L. di Rondinone Tina and/or its assignees, and that access to the Site and/or the purchase of Products does not grant the Consumer any rights in relation to them.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of CONCHE S.R.L. di Rondinone Tina.

12. Consumer Data and Privacy Protection

12.1. To proceed with registration, placing an order, and concluding the contract under these Terms and Conditions, certain personal data is required from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and CONCHE S.R.L. di Rondinone Tina in accordance with and in compliance with Italian Legislative Decree No. 196/2003 and subsequent amendments – Privacy Code, to fulfill each purchase made through the Site and, with the Consumer’s consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer represents and warrants that the data provided to the Seller during the registration and purchasing process is correct and truthful.

12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the “My Account” section of the Site, accessible upon authentication.

12.4. For any further information on how Consumer personal data is processed, please refer to the Privacy Policy section and read the General Terms of Use carefully.

13. Security

13.1. Although the Seller takes measures to protect personal data against potential loss, falsification, manipulation, and misuse by third parties, due to the characteristics and technical limitations of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed to the Consumer on the Site, even after the Consumer has logged in, is not accessible or viewable by unauthorized third parties.

13.2. Regarding payment data with credit cards, the Seller uses the services of Banca Sella, which employs technological systems to ensure the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

14. Governing Law, Conciliation Attempt, and Jurisdiction

14.1. Any sales contract concluded between the Seller and Consumers under these Terms and Conditions will be governed by and interpreted in accordance with Italian law, specifically the Consumer Code, with particular reference to the regulations on distance contracts and Legislative Decree April 9, 2003, No. 70 on certain aspects of electronic commerce. In any case, the rights granted to Consumers by mandatory legal provisions in the Consumer’s state will remain unaffected.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee our participation in an attempt at amicable settlement that the Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Matera (MT), which allows for a satisfactory resolution with the help of a neutral and competent conciliator, in a friendly and secure manner online. For more information on the RisolviOnline regulations or to submit a conciliation request, visit www.risolvionline.com.

14.3. As an alternative to the conciliation attempt described in point 14.2, the Consumer also has the right to access the European Online Dispute Resolution (ODR) platform for resolving any disputes between the Seller and the Consumer. The ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Regulation (EU) No. 524/2013, to facilitate the independent, impartial, transparent, effective, fast, and fair extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through an ADR (Alternative Dispute Resolution) entity listed on the platform. For more information on the ODR Platform or to initiate an alternative dispute resolution procedure through it, visit the following link: http://ec.europa.eu/odr. The Seller’s email address to be indicated on the ODR Platform is: alleconche@gmail.com.

14.4. If the conciliation attempt as per point 14.2 or 14.3 is not adhered to or fails, the dispute will be submitted to the court of the Consumer’s place of residence or domicile.

Matera, Vico delle Conche 12

+39 340 4874902
+39 0835 406295
info@alleconche.com

Check in: 3:00 PM - 8:00 PM
Check out: 8:00 AM - 11:00 AM