TERMS AND CONDITIONS OF SALE

GENERAL INFORMATIONS

These General Conditions of Sale concern the purchase of products from "ABSOLUTE POSITANO s.a.s. by Irene Casola & C." made via  telematic network on the website www.absolutepositano.com, belonging to Irene Casola, with registered office in Via C. Colombo, 11/13 - Positano (SA) Italy. Unless otherwise specified, each purchase transaction will be regulated by the provisions of Legislative Decree 185/99 and Legislative Decree 206/05. Unless otherwise specified, information directed to the conclusion of the contract will be subject to art. 12 of Legislative Decree 70/03. The protection of privacy is subject to the legislation referred into Legislative Decree 196/03. 

AGREEMENT FINALIZATION AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

Agreement of sale of products on www.absolutepositano.com will be considered finalized  in the same moment the purchase proposal from the customer arrives at ABSOLUTE POSITANO s.a.s. and it accepts it by making the necessary changes regarding shipping/insurance costs and the customer concludes the order by proceeding with the payment. ABSOLUTE POSITANO s.a.s. will send the customer a receipt of the purchase made. By submitting their order, the customers give confirmation of reading and acceptance of the written Terms and Conditions and engages himself to respect them in his dealings with ABSOLUTE POSITANO s.a.s. 

PRIVACY POLICY

ABSOLUTE POSITANO s.a.s., following to the art. 13 of Legislative Decree 196/2003, informs that personal and tax data acquired even verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired in the context of the company's activity, will be processed in compliance with the mentioned legislation, including the confidentiality obligations set out by them. In relation to the aforementioned data, the rights referred to the Article 7 of Legislative Decree 196/2003 may be exercised. 

CUSTOMER OBLIGATIONS

Before to finalize the order, the customer has to read the Terms and Conditions section. Forwarding the order means acceptance of Terms and Condition. Finally, once the online purchase procedure is concluded, the customer is required to print and keep these Terms and Conditions of sale, already viewed and accepted during the contract conclusion phase. 

ORDER FINALIZATION

Sending the online order, the customer transmits to ABSOLUTE POSITANO s.a.s. a purchase proposal of the products included in the cart. He therefore agrees to purchase them at the price and terms indicated in these General Conditions of Sale. ABSOLUTE POSITANO s.a.s. will notify to the customer the acceptance and confirmation of the order making the necessary changes about the shipping/insurance costs and the customer will conclude the order by proceeding with the payment. 

HOW TO BUY

The customer purchases the product, which characteristics are illustrated on-line in the relative descriptive and technical sheets, at the price indicated therein to which will be added the shipping and insurance costs. 

PAYMENT

Payment can be done choosing among the ways listed on www.absolutepositano.com ABSOLUTE POSITANO s.a.s. will start to work on the order as soon as it has been paid in full. 

DELIVERY

The purchased good, together with the relative invoice, will be delivered by courier to the address specified by the customer when ordering online. Any specific needs must be submitted by the Customer to ABSOLUTE POSITANO s.a.s. when ordering. ABSOLUTE POSITANO s.a.s. will notify the Customer the tracking number of the package sent as soon as the courier in charge sends the information to the company. 

IMPORT TAXES AND CUSTOM FEES

There are no import taxes or custom fees for products sold and delivered in Italy or within European Union. About the Countries outside the European Union, products could be subject of import taxes and/or custom fees depending on the kind of products and destination Country. It’s not possible, anyway, to evaluate if and which costs should be paid for the custom clearance. For more information it’s possible to contact the custom office of your own Country. In any case, possible costs about importation taxes and/or custom fees will be up to the buyer. 

REPLACEMENT OF THE GOODS

In all cases, the replacements must have been expressly authorized by the ABSOLUTE POSITANO s.a.s. Substitutions will be authorized only in the event that a damaged product has arrived to the customer and that this event is communicated to the company within 3 (three) days from receiving the package by sending an email to info@absolutepositano.com and attaching clear photos of the damage of the object and its packaging. It is up to the customer's to check the integrity of the package and accept it “under reserve” in the event that the packaging appears to be compromised. ABSOLUTE POSITANO s.a.s. reserves the right to refuse replacement for any complaint made with methods and times of communication not respecting those indicated above.  

RIGHT OF WITHDRAWAL

The buyer has the right to withdraw from the stipulated contract within 14 (fourteen) days from receipt of the goods, unless it has been customized at his request. In this case, he has the obligation to give prior notice to the seller within the aforementioned term by certified email to the address absolutepositano@pec.it or registered letter with acknowledgment of receipt to the address indicated in the General Information. The customer is required to return the goods to ABSOLUTE POSITANO s.a.s. unused and complete in all its parts (including packaging) no later than the term of 14 (fourteen) days. The customer is also required to return the goods at his own expense through the same courier used for the delivery of the same, to ensure the shipment for the total value indicated on the invoice and to send to Absolute Positano s.a.s. communication by e-mail of the tracking number of the package sent. The shipping costs of the goods and any customs fee regarding the returns of the same (in the case of non-EU sales) will be charged to the customer: these costs will therefore be deducted from the refund. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause and the goods reach the seller intact and without any damage, ABSOLUTE POSITANO s.a.s. will reimburse the sums paid by the customer, without the amount of the shipping costs of the goods and any customs duties, which will be deducted from the amount of the amount previously paid. ABSOLUTE POSITANO s.a.s. will refund the amount due by PayPal or Stripe within 30 (thirty) days from the receipt of the returned goods. ABSOLUTE POSITANO s.a.s. has the right to reject any product returned in ways other than those specified above, as well as products for which the return costs have not been fully paid by the customer or the methods and times indicated for exercise of the right of withdrawal have not been respected. In case the goods returned to ABSOLUTE POSITANO s.a.s. will arrive damaged, the only responsible will be considered the customer to whom nothing will be due by ABSOLUTE POSITANO s.a.s. (in this case, however, having the customer previously insured the goods, he can open himself a claim and be reimbursed by the insurance).  

GOVERNING LAW

What is not provided in this Terms and Conditions, the relationship and agreement between the Customer and ABSOLUTE POSITANO s.a.s. shall be governed by the Italian laws. The “CAMERA ARBITRALE in SALERNO” shall govern any dispute or claim arising from this agreement and Italian will be the language used for any dispute. In case of ABSOLUTE POSITANO s.a.s. legal gain, the customer will have to reimburse all the expenses incurred for his own defence.