OVERVIEW 

This website is operated by Asciari S.r.l., A COMPANY DULY INCORPORATED UNDER the ITALIAN LAW AND WITH REGISTERED OFFICE IN VIA CUMBO BORGIA 71, 98057, MILAZZO, TAX CODE, VAT NO. 03288490836  (HEREAFTER “ASCIARI” OR THE “VENDOR”). Throughout the WEBsite, the terms “we”, “us” and “our” refer to Asciari. Asciari offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

 

  1. SUBJECT MATTER AND BUSINESS POLICY

 

THE FOLLOWING GENERAL TERMS AND CONDITIONS OF SALE GOVERN THE SALE OF PRODUCTS (HEREAFTER THE “PRODUCTS”) MANUFACTURED BY ASCIARI THROUGH THE E-COMMERCE WEBSITE WWW.ASCIARI.SHOP.COM (HEREAFTER THE “WEBSITE”). AS STATED above BY ORDERING ANY OF OUR PRODUCTS YOU SHALL BE BOUND TO THESE TERMS AND CONDITIONS.

 

ACCORDING TO THE ITALIAN CONSUMER CODE, “CONSUMER” SHALL MEAN ANY INDIVIDUAL WHO IS ACTING FOR PURPOSES OTHER THAN HIS OR HER TRADE, BUSINESS OR PROFESSION. ONLY CONSUMERS ARE PERMITTED TO SUBMIT ORDERS VIA THE WEBSITE. IF YOU ARE NOT A CONSUMER, PLEASE REFRAIN FROM PURCHASING ANY PRODUCTS THOROUGH THE WEBSITE. ASCIARI RESERVES THE RIGHT NOT TO PROCESS ORDERS RECEIVED FROM VISITORS WHO DO NOT FALL WITHIN THE DEFINITION OF “CONSUMERS” ACCORDING TO THE ITALIAN CONSUMER CODE OR ANY OTHER ORDER WHICH DOES NOT COMPLY WITH ASCIARI BUSINESS POLICY.

 

  1. PRODUCT FEATURES

 

PRODUCTS ARE SOLD ACCORDING TO THEIR FEATURES DESCRIBED ON THE WEBSITE AND PURSUANT TO THE GENERAL TERMS AND CONDITIONS OF SALES PUBLISHED ON THIS WEBSITE AT THE TIME OF THE ORDER.  PRICES, PRODUCTS (AND RELATIVE FEATURES) SOLD ON THE WEBSITE MAY BE SUBJECT TO CHANGES WITHOUT NOTICE. CONSUMERS ARE THEREFORE ADVISED TO CHECK THE ACTUAL PRICES BEFORE PLACING ANY ORDER.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

 

  1. PURCHASING PROCEDURE

 

IN ORDER TO PLACE AN ORDER, THE CONSUMER MUST COMPLETE THE ONLINE ORDER FORM AND SEND IT ELECTRONICALLY TO THE VENDOR, AND FOLLOW ALL OF THE REPORTED INSTRUCTIONS. ORDERS SUBMITTED THROUGH THE WEBSITE SHALL BE SUBJECT TO THESE GENERAL TERMS AND ALL OTHER CONDITIONS CONTAINED ON THE WEBSITE, INCLUDING THE PRIVACY POLICY, WHICH FORM AN INTEGRAL PART OF EACH ORDER; BY PLACING AN ORDER THE CONSUMER UNDERTAKES TO FULLY ACCEPT THE SAME WITHOUT RESERVATION. BEFORE PLACING AN ORDER, CONSUMERS WILL BE ASKED TO: (I) CAREFULLY READ AND UNDERSTAND THESE GENERAL TERMS AND CONDITIONS OF SALE, (II) READ AND UNDERSTAND THE NOTICE CONCERNING WITHDRAWAL RIGHTS.

 

ORDERS SHALL BE DEEMED ACCEPTED BY THE VENDOR ONCE A CONFIRMATION E-MAIL IS SENT TO THE CONSUMER (HEREINAFTER “ORDER CONFIRMATION”).  This confirmation message will summarize the purchase conditions, as required by the applicable legislation, as well as the data entered in the Order by the Customer. THE MAIN FEATURES OF PRODUCTS ARE SHOWN ON THE WEBSITE ON EACH PRODUCT PAGE.  IT CAN NOT BE EXCLUDED THAT THE PRODUCTS SOLD ON WWW.ASCIARI.SHOP.COM MAY NOT EXACTLY CORRESPOND TO THE REAL GARMENTS IN TERMS OF IMAGE AND COLORS DUE TO THE INTERNET BROWSERS OR MONITORS.

 

  1. DELIVERY AND ACCEPTANCE OF GOODS

 

PRODUCT AVAILABILITY AND DELIVERY DATES REPORTED ON THE WEBSITE ARE MERELY INDICATIVE AND UNDER NO CIRCUMSTANCES BINDING FOR THE VENDOR. THE VENDOR SHALL MAKE ITS BEST EFFORT TO COMPLY TO THE DELIVERY DATES PROVIDED ON THE WEBSITE OR CONFIRMED ON THE ORDER CONFIRMATION.

 

THE PRODUCTS ORDERED BY THE CONSUMER SHALL BE DELIVERED ACCORDING TO THE METHOD CHOSEN FROM THOSE AVAILABLE AND LISTED ON THE WEBSITE AT THE TIME THE ORDER IS PLACED. THE CONSUMER UNDERTAKES TO PROMPTLY CHECK, WITHIN AND NO LATER THAN EIGHT (8) DAYS OF RECEIPT OF THE PRODUCTS, THAT THE DELIVERY IS CORRECT AND INCLUDES ALL AND ONLY THE PURCHASED PRODUCTS, AND TO NOTIFY THE VENDOR, WITHIN THIS DEADLINE, OF ANY FAULTY PRODUCTS RECEIVED OR ANY DISCREPANCY BETWEEN THE ORDER AND THE GOODS RECEIVED; FAILURE TO DO SO WILL INFER THAT THE PRODUCTS SHALL BE DEEMED AS ACCEPTED. IN THE CASE THAT THE PACKAGING OR BOXING OF THE PRODUCTS ORDERED BY THE CONSUMER REACHES ITS DESTINATION VISIBLY DAMAGED, THE CONSUMER IS INVITED TO REFUSE TO ACCEPT THE DELIVERY FROM THE CARRIER/COURIER OR ACCEPT THE DELIVERY “WITH RIGHTS RESERVED”.

 

  1. PRICES, SHIPPING COSTS, CUSTOMS DUTIES AND TAXES

 

THE PRICE OF THE PRODUCTS IS REPORTED ON THE WEBSITE AT THE TIME THE ORDER IS PLACED BY THE CONSUMER. ALL PRICES ARE REPORTED IN EUROS AND ARE INCLUSIVE OF VAT (WHERE APPLICABLE) AND OF ANY OTHER DUTY (WHERE APPLICABLE), AND INCLUDE SHIPPING COSTS.

 

THE TOTAL PRICE WILL BE INDICATED IN THE ORDER AND ALSO PROVIDED ON THE ORDER CONFIRMATION SENT VIA E-MAIL TO THE CONSUMER. IF THE PRODUCTS ARE TO BE DELIVERED OUTSIDE THE EUROPEAN UNION, THE TOTAL PRICE REPORTED IN THE ORDER AND IN THE ORDER CONFIRMATION, INCLUDING INDIRECT TAXES, IS NET OF ANY CUSTOMS DUTIES AND ANY OTHER TAXES. CONSUMER HEREBY AGREES TO PAY FOR ANY APPLICABLE CUSTOM DUTIES OR OTHER COSTS, CHARGES AND LOCAL APPLICABLE TAXES, IF REQUIRED, IN ADDITION TO THE PRICE STATED IN THE ORDER AND IN THE ORDER CONFIRMATION, AS REQUIRED BY THE APPLICABLE LAWS IN FORCE IN THE COUNTRY WHERE THE PRODUCT WILL BE DELIVERED (The CONSUMER is therefore invited to contact the customs authorities of their country in advance to check the costs and any import limits).

 

ANY UNAWARENESS BY THE CONSUMER OF POTENTIAL COSTS, CHARGES, TAXES AND/OR DUTIES REFERRED TO IN the previous PARagraph, SHALL NOT CONSTITUTE GROUNDS FOR TERMINATION OF THIS CONTRACT AND SHALL UNDER NO CIRCUMSTANCES BE PAID BY THE VENDOR.

 

  1. PAYMENTS

 

THE VENDOR RESERVES THE RIGHT TO AMEND PRICES AT ANY TIME; HOWEVER, CHANGES WILL NOT AFFECT ORDERS FOR WHICH THE VENDOR HAS ALREADY SENT YOU AN ORDER CONFIRMATION. PAYMENTS ARE ACCEPTED BY CREDIT CARD, DEBIT CARD OR PAYPAL. BY CLICKING “AUTHORIZE PAYMENT” THE CONSUMER IS CONFIRMING THAT HE IS THE CREDIT CARD OWNER OR THE LEGITIMATE HOLDER. CREDIT CARDS ARE SUBJECT TO VALIDATION CHECKS AND AUTHORIZATION BY THE CREDIT CARD ISSUER BUT IF THE CARD ISSUER FAILS TO AUTHORIZE PAYMENT THE VENDOR WILL NOT BE LIABLE FOR ANY DELAY OR NON-DELIVERY AND MAY NOT BE ABLE TO FORM A CONTRACT WITH YOU.

 

In no case and at any stage of payment ASCIARI will be able to know the information relating to the CONSUMER’s credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No ASCIARI computer archive will retain these data and therefore in no case can ASCIARI be held responsible for any fraudulent and undue use of credit cards by third parties at the time of payment. Transaction security is guaranteed by a data encryption system (SSL) and by direct, protected and certified links.

 

  1. LEGAL WARRANTY OF CONFORMITY AND REPORTING OF NON-CONFORMITIES

 

PURSUANT TO AND IN ACCORDANCE WITH ITALIAN LEGISLATIVE DECREE NO. 206/2005 (CONSUMER CODE) AS EMENDED FROM TIME TO TIME, THE VENDOR GUARANTEES THE CONSUMER THAT THE PRODUCTS ARE WITHOUT DESIGN OR MATERIAL DEFECTS AND CONFORM TO THE DESCRIPTION PUBLISHED ON THE WEBSITE FOR A PERIOD FOR 2 (TWO) YEARS FROM THE DATE OF DELIVERY OF THE PRODUCTS TO THE CONSUMER.

 

THE CONSUMER IS REQUIRED TO REPORT ANY MATERIAL DEFECTS AND NON-CONFORMITIES OF THE PRODUCTS WITHIN AND NO LATER THAN 2 (TWO) MONTHS FROM THE DATE OF THEIR DISCOVERY; FAILURE TO DO SO WILL INVALIDATE THIS GUARANTEE. DEFECTS, ETC. SHOULD BE REPORTED TO THE SELLER BY E-MAIL TO THE ADDRESS: SHOP@ASCIARI.COM, BY PROVIDING THE DETAILS OF THE FAULT AND/OR NON-CONFORMITY, WITH A PHOTOGRAPH OF THE PRODUCT, the invoice, or the payment receipt, together with the transport document. FAILURE TO DO SO WILL INVALIDATE THIS WARRANTY.

 

FOLLOWING RECEIPT OF THE COMPLAINT AND RELATIVE DOCUMENTATION, THE VENDOR WILL ASSESS THE DEFECTS AND NON-CONFORMITIES AND RELATIVE DOCUMENTATION REPORTED BY THE CONSUMER VIA THE VENDOR’S CUSTOMER SERVICE. AFTER CARRYING OUT QUALITY CHECKS TO ASCERTAIN EFFECTIVE NON-CONFORMITY OF THE PRODUCT, THE VENDOR SHALL DECIDE WHETHER TO AUTHORIZE RETURN OF THE PRODUCTS. WARRANTIES ARE NOT APPLICABLE TO PRODUCTS WHICH HAVE BEEN USED OR WASHED IN AN INAPPROPRIATE MANNER, WITHOUT FOLLOWING THE INSTRUCTIONS/WARNINGS PROVIDED BY THE VENDOR AND/OR THE OWNER OF THE PRODUCT, ON THE INFORMATION LEAFLETS, TAGS OR LABELS.

 

  1. RIGHT OF WITHDRAWAL

 

THE CONSUMER SHALL HAVE THE RIGHT TO WITHDRAW FROM ANY CONTRACT CONCLUDED PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF SALE, WITHOUT INCURRING IN ANY PENALTY, WITHIN 14 (FOURTEEN) DAYS FROM THE DAY ON WHICH THE PRODUCT IS DELIVERED. THE CONSUMER SHOULD RETURN THE PRODUCTS IN THE SAME CONDITION IN WHICH HE HAS RECEIVED THEM AND AT HIS OWN EXPENSE. THE CONSUMER HAS A LEGAL OBLIGATION TO TAKE REASONABLE CARE OF THE PRODUCTS WHILST THEY ARE IN HIS POSSESSION. IF THE CONSUMER FAILS TO COMPLY WITH THIS OBLIGATION, THE VENDOR MAY HAVE A RIGHT OF ACTION AGAINST YOU FOR COMPENSATION.

 

IN ORDER TO CORRECTLY RETURN THE PRODUCTS:
• THE CONSUMER SHOULD NOTIFY THE VENDOR AT SHOP@ASCIARI.COM WITHIN FOURTEEN (14) CALENDAR DAYS, (BEGINNING ON THE DAY HE RECEIVED THE PRODUCT):
• THE PRODUCT SHOULD NOT HAVE BEEN USED, WORN, WASHED OR DAMAGED;
• THE IDENTIFICATION TAG SHOULD STILL BE ATTACHED TO THE PRODUCT WITH THE DISPOSABLE SEAL;
• THE PRODUCT SHOULD BE RETURNED IN THEIR ORIGINAL PACKAGING;
• THE PRODUCT SHOULD BE RETURNED TO THE VENDOR WITHIN FOURTEEN (14) CALENDAR DAYS OF THE DATE YOU NOTIFY US OF YOUR DECISION TO CANCEL.

 

UPON COMPLETING THE REQUIREMENTS OF the previous PARagraph ABOVE, THE CONSUMER WILL RECEIVE A WITHDRAWAL CONFIRMATION EMAIL, CONTAINING THE RMA FORM TO BE INCLUDED IN THE PACKAGE, ALONG WITH THE INSTRUCTIONS ON HOW TO RETURN THE PRODUCT. THE PRODUCTS SHOULD BE SENT WITHIN AND NO LATER THAN 14 DAYS TO:  ASCIARI S.R.L. VIA CUMBO BORGIA 71, 98057, MILAZZO, ITALY. THE VENDOR WILL REFUND THE PRICE OF THE PRODUCT IN FULL, (EXCLUDING STANDARD DELIVERY COSTS).  IN CASE THE CONSUMER EXERCISE THE RIGHT OF WITHDRAWAL AND WISHES TO RETURNS THE PRODUCTS, THE VENDOR WILL CHARGE STANDARD DELIVERY COSTS TO ALLOW THE RETURN OF THE PRODUCTS.

 

THE CONSUMER WILL BE LIABLE FOR ANY DIMINISHED VALUE OF THE PRODUCTS RESULTING FROM THE HANDLING OTHER THAN WHAT IS NECESSARY TO ESTABLISH THE NATURE, CHARACTERISTICS AND FUNCTIONING OF THE GOODS. THEREFORE, IF THE RETURNED GOODS ARE FOUND TO BE DAMAGED (FOR INSTANCE SHOWING SIGNS OF WEAR, ABRASION, NICKS, SCRATCHES, DEFORMATION, ETC.), NOT COMPLETE WITH ALL PARTS AND ACCESSORIES (INCLUDING UNALTERED LABELS STILL ATTACHED TO THE PRODUCT), UNACCOMPANIED BY THE INSTRUCTIONS/NOTES/MANUALS SUPPLIED, THE ORIGINAL PACKAGING AND PACKING AND THE ORIGINAL WARRANTY, IF ANY, THE CUSTOMER SHALL BE ACCOUNTABLE FOR THE DECREASED VALUE OF THE PRODUCT, AND BE ENTITLED TO RECEIVE A REFUND EQUAL TO THE RESIDUAL VALUE OF THE PRODUCT. 

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

THE CONSUMER ACKNOWLEDGES THAT HE OR SHE IS AWARE THAT ALL TRADEMARKS, NAMES AND OTHER DISTINCTIVE SIGNS AS WELL AS ANY NAMES, IMAGES, PHOTOGRAPHS, WRITTEN TEXT OR GRAPHICS USED ON THE WEBSITE OR RELATING TO THE PRODUCTS ARE AND REMAIN THE EXCLUSIVE PROPERTY OF ASCIARI AND/OR ITS ASSIGNEES, WITH NO RIGHTS ARISING ON THE PART OF THE CONSUMER IN RELATION TO THE SAME AS A RESULT OF ACCESS TO THE WEBSITE AND/OR PURCHASE OF THE PRODUCTS. UNLESS PRIOR SPECIFIC CONSENT IS GRANTED IN WRITING BY ASCIARI, NO CONTENTS OF THE WEBSITE CAN BE REPRODUCED IN WHOLE OR IN PART, TRANSFERRED USING ELECTRONIC OR CONVENTIONAL MEANS, MODIFIED OR USED FOR ANY PURPOSE WHATSOEVER.

 

  1. PROTECTION OF CONSUMER PERSONAL DATA

 

The personal data collected will be processed by ASCIARI for the sole purpose of satisfying the express requests of the Customer, in compliance with EU Regulation 2016/679 and the privacy information on the site. Any further processing will be carried out only with the express consent of the Customer. THE CONSUMER HEREBY DECLARES AND GUARANTEES THAT THE PERSONAL DETAILS PROVIDED DURING THE REGISTRATION AND PURCHASE PROCESS ARE TRUTHFUL AND ACCURATE. FOR ANY FURTHER INFORMATION ON HOW THE PERSONAL DETAILS OF CONSUMERS ARE PROCESSED, PLEASE REFER TO THE PRIVACY POLICY.

 

  1. APPLICABLE LAW AND JURISDICTION

 

THESE GENERAL SALES TERMS AND CONDITIONS GOVERN ANY SALES CONTRACTS SIGNED BETWEEN THE VENDOR AND THE CONSUMER UNDER THESE GENERAL SALES CONDITIONS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE ITALIAN LAWS. THE ASSIGNED EXCLUSIVE JURISDICTION FOR ALL DISPUTES ARISING IN CONNECTION WITH THE APPLICATION OR INTERPRETATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE IS THE COURT OF RESIDENCE OF THE CONSUMER IF RESIDING IN ITALY. IN CASE THE CONSUMER DOES NOT RESIDE IN ITALY, THE EXCLUSIVE JURISDICTION IS THE COURT OF MESSINA, ITALY.