General Terms and Conditions of Sale
(Last update: December 3, 2019)
Below are the general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions of Sale” or the “Contract”) for the purchase of products offered for sale on the website calla.it (hereinafter referred to as the “Website”).
The purchaser declares to be of legal age (at least 18 years old) and to be making the purchase as a “consumer,” that is, a natural person acting for purposes unrelated to any commercial or professional activity carried out (hereinafter referred to as the “Purchaser”).
Information about the Seller
The seller of the products on the Website is C.ALLA S.r.l., with an office registered at Via del Lavoro no. 85, 40033 – Casalecchio di Reno (BO), Italy, REA: BO – 539931, Tax Code and VAT no. 03702171202, (hereinafter referred to as “C.ALLA S.r.l.” or the “Seller”), who can be contacted by phone at +39 389.688440, by email at info@callalingerie.it, or by certified email (PEC) at c.alla@pec.it.
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Subject of the Contract
With this Contract, C.ALLA S.r.l. sells and the Purchaser buys remotely through telematic means the products (tangible movable goods) indicated and offered for sale on the Website.
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Conclusion of the Contract
The Contract between C.ALLA S.r.l. and the Purchaser is concluded online through the following steps:
- a) accurate and complete entry by the Purchaser of the required fields in the online purchase procedure;
- b) display of a summary page of the order the Purchaser intends to place, which can be printed and saved (downloadable), including the Seller’s and Purchaser’s details, product information, price including taxes, shipping costs and any additional charges, payment methods and terms, delivery address, estimated delivery time and methods, and information about the right of withdrawal;
- c) explicit acceptance by the Purchaser of these “General Terms and Conditions of Sale” by checking the dedicated checkbox;
- d) submission of the purchase order by the Purchaser using the “Order with obligation to pay” virtual button;
- e) during the online purchase procedure, the Purchaser may identify and correct any data entry errors before sending the purchase order to the Seller.
After submitting the purchase order, a confirmation page will be displayed online with a summary of the order, which can be printed and saved (email), including the information outlined in point b) above.
Once the purchase order is received, C.ALLA S.r.l. will send the Purchaser an email receipt of the order containing the same information and a digital copy (PDF) of these General Terms and Conditions of Sale.
The Contract is not considered valid and effective unless all of the above steps are completed. -
Payment and Refund Methods
The Purchaser may only pay using the following methods: Bank Transfer and PayPal.
Any refund to the Purchaser will be made—unless otherwise specifically agreed—using the same payment method used for the original purchase, promptly and, in the event of the right of withdrawal (see the “Right of Withdrawal” paragraph), within 14 (fourteen) days from the date on which C.ALLA S.r.l. becomes aware of the withdrawal. In the event of withdrawal, the refund may be withheld until the products are received by C.ALLA S.r.l. or until the Purchaser provides proof of having returned the products, whichever is earlier. -
Delivery Times and Methods
C.ALLA S.r.l. will deliver the selected and ordered products using the delivery method and timeline chosen by the Purchaser from the options available on the Website at the time of the product offer, as confirmed in the order summaryShipping will occur no later than 30 (thirty) days from the Contract’s conclusion date (receipt of the order confirmation email from C.ALLA S.r.l. by the Purchaser), unless there are specific circumstances (holidays, strikes, etc.) beyond C.ALLA S.r.l.’s control. If the Seller cannot ship within the specified timeframe, the Purchaser will be promptly informed via email.
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Prices
All product sale prices shown on the Website are in euros and constitute a public offer pursuant to Article 1336 of the Italian Civil Code.
Prices include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs fees), if not included in the product price, will be shown and calculated during the purchase process before the order is submitted by the Purchaser. These will also appear on the order summary page and in the confirmation email. -
Limitation of Liability
C.ALLA S.r.l. assumes no liability towards the Purchaser for:
- service disruptions due to force majeure preventing order fulfillment within the timeframes outlined in the Contract;
- service disruptions or malfunctions related to internet use beyond its control or that of its subcontractors, unless due to fraud or gross negligence;
- damages, losses, or costs incurred by the Purchaser due to the non-execution of the Contract not attributable to the Purchaser, with the Purchaser entitled solely to a full refund of the paid price and any applicable charges;
- fraudulent or unlawful use by third parties of credit cards or other payment methods for product purchases, provided that C.ALLA S.r.l. has taken all possible precautions according to current knowledge and ordinary diligence.
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Seller’s Liability and Obligations Toward the Buyer (as a “consumer”): Liability for Defects, Proof of Damage, and Compensable Damages
Pursuant to Articles 114 and following of the Italian Consumer Code (Legislative Decree 206/2005), the Seller is liable for damage caused by defects in the product sold if it fails to communicate to the injured party, within three (3) months of the request, the identity and address of the manufacturer or of the person who supplied the goods.
The request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also include the offer to display the product, if still available.
The Seller cannot be held liable for consequences arising from a defective product if the defect is due to the product’s compliance with mandatory legal regulations or binding provisions, or if the state of scientific and technical knowledge at the time the manufacturer placed the product on the market did not yet allow the product to be recognized as defective.
No compensation shall be due if the injured party was aware of the defect in the product and the danger it entailed and nevertheless voluntarily exposed themselves to it. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
The injured party may seek compensation for damages caused by death or personal injury, or by the destruction or deterioration of property other than the defective product, provided that such property is of a type normally intended for private use or consumption and was primarily used as such by the injured party.
Damage to property as per Article 123 of the Consumer Code (Legislative Decree 206/2005) shall, however, be compensable only to the extent it exceeds the amount of €387.00 (three hundred eighty-seven euros). -
Legal Warranty of Conformity
All products sold by C.ALLA S.r.l. are covered by a legal warranty for any lack of conformity that becomes apparent within 24 (twenty-four) months from the date of delivery (Articles 128 et seq. of Legislative Decree 206/2005 – Consumer Code).
It is presumed that products comply with the Contract if the following conditions are met, where relevant:
a) they are suitable for the purpose for which goods of the same type are normally used;
b) they conform to the description provided by the Seller and possess the qualities of the goods that the Seller presented to the consumer as a sample or model;
c) they exhibit the quality and performance typical of a good of the same type, which the consumer can reasonably expect, given the nature of the good and, where applicable, public statements about the specific characteristics of the goods made by the Seller, the producer, or their agent or representative, particularly in advertising or on labeling;
d) they are also suitable for any specific purpose desired by the consumer and brought to the Seller’s attention at the time of the conclusion of the Contract, which the Seller has accepted, even by implication.
The Buyer loses all rights if they do not report the lack of conformity to C.ALLA S.r.l. within 2 (two) months from the date the defect was discovered. Reporting is not required if C.ALLA S.r.l. has acknowledged the existence of the defect or has concealed it.
In any case, unless proven otherwise, it is presumed that conformity defects which become apparent within 6 (six) months of delivery already existed at that time, unless this presumption is incompatible with the nature of the product or the defect itself.
In the event of a lack of conformity, the Buyer may request, free of charge and under the conditions below, the repair or replacement of the purchased item, a price reduction, or termination of this Contract, unless the request is objectively impossible to fulfill or excessively burdensome for C.ALLA S.r.l. pursuant to Article 130, paragraph 4, of the Consumer Code (Legislative Decree 206/2005).
The request must be submitted in writing, by registered mail with return receipt, to C.ALLA S.r.l., which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 (seven) business days of receipt.
In the same communication, if C.ALLA S.r.l. has accepted the Buyer’s request, it shall specify the return or shipping methods of the product, as well as the expected timeline for returning or replacing the defective product.
If repair and replacement are impossible or excessively burdensome, or if C.ALLA S.r.l. has not repaired or replaced the product within the above-mentioned period, or if previous repairs or replacements caused significant inconvenience to the Buyer, the Buyer may request, at their discretion, an appropriate price reduction or termination of the Contract. In such a case, the Buyer must send their request to C.ALLA S.r.l., which will indicate its willingness to fulfill the request, or the reasons that prevent it from doing so, within 7 (seven) business days of receipt.
In the same communication, if C.ALLA S.r.l. has accepted the Buyer’s request, it must indicate the proposed price reduction or the return procedures for the defective item. In such cases, the Buyer must specify the method by which they wish to receive a refund of the previously paid amounts. -
Obligations of the Buyer
The Buyer undertakes to pay the purchase price of the product using the methods and within the time limits set out above (see paragraph “4. Payment and Refund Methods”), ensuring successful payment.
These obligations are considered essential, and thus, by express agreement, failure to comply shall result in the automatic termination of the Contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial intervention.
The Buyer agrees, upon completion of the online purchase process, to print and retain this Contract (including its attachments) and the order receipt. -
Right of Withdrawal
The Buyer (as a “consumer”) has the right to withdraw from the Contract without penalty and without stating any reason, within 14 (fourteen) business days from the date of receipt of the purchased product. The right of withdrawal is, in particular, excluded for the supply of customized products, personalized items, underwear for hygiene reasons, and sale items marked with a discount equal to or greater than 30%.
Below are the details regarding the Buyer’s right of withdrawal:“You have the right to withdraw from this contract without giving any reason within 14 (fourteen) days.
The withdrawal period will expire after 14 (fourteen) days from the day on which you or a third party, other than the carrier and indicated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us (by writing to C.ALLA S.r.l., Via del Lavoro no. 85, 40033 – Casalecchio di Reno (BO), Italy, or via fax at +39 389 6884400 or email at info@callalingerie.it) of your decision to withdraw from this contract by means of an explicit declaration (e.g., a letter sent by mail, fax, or email). You may use the “Withdrawal Form”, but it is not mandatory.
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.
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive type of standard delivery we offer), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. The reimbursement will be made using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. The refund will be made using the same payment method used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a result of such a refund. The refund may be withheld until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You are kindly requested to return or hand over the goods to us without undue delay and in any event no later than 14 (fourteen) days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.
The direct cost of returning the goods shall be borne by you.
You are only 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.” -
Processing of Personal Data
The Buyer’s personal data is processed by C.ALLA S.r.l. in full compliance with current legislation and the provisions of the Italian Data Protection Authority. The Buyer is invited to carefully read the Seller’s Privacy Policy (“Informativa privacy”) which forms an integral part of this Contract and is therefore deemed to be fully incorporated herein.
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Contract Storage
The Seller informs the Buyer that each order submitted is stored both digitally on the Seller’s server and in paper format at the Seller’s premises, according to criteria of confidentiality and security.
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Communications and Complaints
For any communications and complaints, unless otherwise stated in this Contract, the Buyer may contact the Seller at the following details:
C.ALLA S.r.l.
Via del Lavoro No. 85, 40033 – Casalecchio di Reno (BO), Italy
Tax Code and VAT No. 03702171202
REA: BO – 539931
Phone: +39 389.6884400
Email: info@callalingerie.it
Certified Email (PEC): c.alla@pec.itThe Buyer shall provide, during the online purchase procedure, their residence or domicile, telephone number, or email address where they wish to receive communications from the Seller.
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Dispute Resolution
Any civil disputes arising from this Contract shall be referred to the Bologna Chamber of Commerce and resolved in accordance with the conciliation rules adopted by it.
Should the parties decide to bring the matter before the ordinary judicial authority, the competent court shall be that of the Buyer’s place of residence or domicile (as a “consumer”) if located within the Italian territory, pursuant to Article 66-bis of the Italian Consumer Code (Legislative Decree 206/2005). -
Applicable Law
This Contract is governed by Italian law.
For matters not expressly provided for herein, the provisions of the applicable law governing the relationships and circumstances outlined in this Contract shall apply, and in particular Article 5 of the Rome Convention of 1980.
Pursuant to Article 66-quater of the Italian Consumer Code (Legislative Decree 206/2005), reference is expressly made to the provisions set forth in Part III (“The Consumer Relationship”), Title III (“Contractual Methods”), Chapter I (“Consumer Rights in Contracts”) of the Consumer Code.