GENERAL TERMS AND CONDITIONS
Welcome to our website “audepart.com" (hereinafter, the “Site”). Access to and use of the Site are governed by these general terms and conditions for use (hereinafter, the “General Terms and Conditions”). Your access to and use of this Site, as well as the purchase of products through the Site, imply that you have read, understand and accept these General Terms and Conditions. This Site is managed and maintained by AU DEPART ITALIA S.r.l., with registered office at Via del Duca Cino n. 5, Milan, Tax Code and VAT no. 10304060964 (hereinafter, the "Manager").
If you need assistance, please contact the Manager by e-mail at this address: firstname.lastname@example.org. For any other information about the right to withdraw and the privacy disclosure, please see the “Right to Withdraw” and “Privacy” sections.
The Manager may change or update these General Terms and Conditions in whole or in part. Users will be notified of the changes and updates on the home page of the Site as soon as they are made and will be binding when they are published on this Site in this section. You will thus need to regularly check this section to see the most recent and updated General Terms and Conditions.
Access to and use of the Site, including browsing webpages, communicating with the Manager, the ability to download information about products and purchasing them on the Site, constitute activities performed by our users solely for personal use that is unrelated to any commercial, business and professional activity. The Manager cannot be held liable for any use not in compliance with current law of the Site or its content by users, unless the Manager has committed intentional misconduct or gross negligence.
Lastly, because content will be downloaded or otherwise obtained by the use of the service at the user’s election and risk, all liability for any harm to computer systems or losses of data resulting from downloads shall be borne by the user and shall not be imputed to the Manager. The Manager disclaims all liability for any damages resulting from inability to access the services on the Site or any damages caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, or problems associated with the network, providers or telephone and/or electronic connections, unauthorised access, data alteration, or non-functioning and/or malfunctioning of the user’s electronic equipment.
The user is responsible for protecting and appropriately using his/her personal information, including the credentials that permit access to reserved services, and for all harmful consequences or prejudice that the Manager or third parties may incur as the result of improper use, loss or theft of that information.
Intellectual property rights
The content on the Site, such as, by way of illustration, works, images, photographs, dialogues, music, sounds and video, documents, designs, figures, logos and all other material, in any format, published on the Site, including menus, web pages, graphics, colours, drawings, instruments, fonts and the design of the Site, diagrams, layouts, methods, processes, functions and software comprising the Site, are protected by copyright and by all other intellectual property rights of the Manager or other owners of the rights. The reproduction in whole or in part in any form of the content on the Site without the Manager’s express written consent is prohibited. The Manager has the sole right to authorise or prohibit the direct or indirect and temporary or permanent reproduction, in any manner or form, in whole or in part, of the contents of the Site.
In regard to use of the Site, the user is authorised solely to browse the Site and its content. The user is also authorised to perform all temporary acts of reproduction of a non-economic nature that are considered transitory or accessory and are an integral and essential part of browsing the Site and its content and all other navigation on the Site performed solely for legitimate use of the Site and its content. However, no reproduction, in whole or in part, of the Site or its content onto any medium is permitted. All acts of reproduction must be authorised by the Manager on a case-by-case basis or, if necessary, by the creators of the individual works contained on the Site. Such reproduction must nonetheless be for lawful purposes and conform to copyright and other intellectual property rights of the Manager and of the creators of the individual works contained on the Site. The creators of individual works published on the Site have, at all times, the right to assert ownership of their works and to oppose any distortion of or other alteration to the works, including any action that harms the works or the creators’ integrity or reputation.
The user agrees to comply with the copyright of the artists who have chosen to publish their works on the Site and have collaborated with the Site to create new expressive and artistic forms intended to be published, even if not exclusively on the Site, or that form an integral part thereof. Moreover, the user is in no event authorised to use, in any manner or form, content on the Site or any individual work protected by copyright or by any other intellectual property right. Merely by way of example, it is prohibited to alter or otherwise modify the content and the protected works without the consent of the Manager and, where necessary, of the individual creators of the works published on the Site.
Trademarks and domain names
All the other distinctive signs distinguishing the products sold on the Site and present thereon are trademarks registered by their respective owners and are used solely to distinguish, describe and advertise the products for sale on the Site. The Manager and all other owners of registered trademarks have the right to exclusively use the trademarks they own. Any use of those trademarks in violation of law, because such use is unauthorised, is prohibited and will entail serious legal consequences. Using those trademarks and any other distinctive signs present on the Site to obtain undue advantage from the distinctive character or renown of those marks, or in such a way as to harm them or their owners, is prohibited.
Links to other websites
Links to the Site
Anyone wishing to activate Links to the Site is asked to contact the Manager at the following e-mail address: email@example.com. Such contact is necessary to grant the request for consent to make a hypertext link to the Site. The Manager will allow activation of Links to requestors for free on a non-exclusive basis. The Manager may refuse the activation of Links to its website if the requesting party seeking to activate a Link has, in the past, engaged in unfair business practices, practices that do not conform to usage of trade or actions of unfair competition in regard to the Manager, where the Manager is concerned that such actions may be taken in the future, or where the requestor has in the past taken or may in the future take actions discrediting the Manager, its Site or its services.
Warning about content
The Manager has taken all precautions to prevent publication on the Site of content that describes or portrays scenes or situations of physical or psychological violence or that, depending on users’ sensitivities, may be deemed offensive to personal beliefs, human rights and personal dignity in all their forms and expressions. In any event, the Manager makes no guarantee that the content on the Site is appropriate or lawful in countries other than Italy. However, if such content is considered unlawful or illegal in any of such countries, the user should avoid accessing the Site and, if the user still chooses to access the Site, the use he/she decides to make of the services provided shall be his/her sole and personal responsibility.
The Manager has also taken all useful precautions to ensure to users that the content on the Site is accurate and does not contain incorrect or outdated information as of the date of its publication on the Site and, to the extent possible, also thereafter. However, the Manager disclaims any liability to users for the accuracy and completeness of the content published on the Site, except for liability for wilful misconduct or gross negligence and as otherwise provided by law. Moreover, the Manager cannot guarantee to users that the Site will operate continuously, without interruptions and free of errors or malfunctions caused by Internet connections.
The Manager is at users’ disposal at the following e-mail address: firstname.lastname@example.org for any problem found in using our Site. Likewise, the user is advised to contact his/her Internet services provider or to check that all devices for connecting to the Internet and accessing web content are activated correctly, including the Internet browser. Although the Manager will do its best to ensure continuous access to its Site, the dynamic nature of the Internet and its content may not allow the Manager to operate without suspensions, interruptions or discontinuities due to the need to make updates to the website. The Manager has taken appropriate technical and organisational measures to safeguard the security of its services, the integrity of traffic data and electronic communications from prohibited forms of use or access and to avoid risks of disclosure, destruction and loss of confidential and non-confidential data and information relating to its users present on the Site, or unauthorised or unlawful access to such data and information.
Our business policy
The Manager has adopted a business policy: its mission is to sell products through its services and its Site solely to the “final consumer”, by this term meaning a natural person who acts on the Site for purposes unrelated to any commercial, business of professional activities engaged in by that person. If the final user is not a consumer, he/she must not use our services to buy products on the Site. Otherwise, the Manager may reject purchase orders coming from parties that are not final consumers and any purchase orders that do not conform to these General Terms and Conditions.
HOW TO ENTER INTO THE CONTRACT WITH THE MANAGER
Each product offered for sale on the Site may be viewed by means of the product data sheet, through which photographic images of the article, price per unit and colours may be seen. To conclude the contract to purchase one or more products on the Site, the final user must:
- select the products he/she intends to purchase, placing them in a specific section (the “Cart”);
- complete the order form located in the “Cart” section in electronic format, where the shipping address and payment method must be entered;
- confirm the data set forth in the order form and then send it to the Manager.
Before proceeding with the purchase of the products by transmitting the order form, the final user will be asked to carefully read these General Terms and Conditions and the disclosure about the right to withdraw, to print a copy of them using the print command and to save or reproduce a copy thereof for his/her personal use. We will also provide a summary of the commercial and contractual terms and conditions governing the purchase of the products, which contains a reference to the General Terms and Conditions and a summary of the information about the essential features of each product ordered and its price (including all applicable taxes or duties), payment methods that can be used to purchase each product, delivery methods for the products purchased, methods of handling claims, shipping and delivery costs (including any additional costs incurred because a type of shipping and delivery that differs from and/or is faster than the standard was chosen), and the Manager’s details and mailing and e-mail addresses and the date by which the Manager undertakes to deliver the goods. The Manager will also provide a summary of the terms, conditions and method to exercise the right to withdraw and the manner and timing for returning purchased products (using the “return form”). A list of the situations in which the right to withdraw from the contract cannot be exercised will also be provided. If applicable to the purchase, the final user will be informed that if he/she withdraws, he/she must pay the cost to return the products. In any event, the user will be reminded of the legal warranty of product conformity and will be given the information to contact our post-sale assistance service.
The order form will be stored in our database for the period of time needed to fill orders and for the period required by law.
When the user transmits the order form, he/she will be notified that such transmission implies an obligation to pay the price indicated. Before sending the order form, he/she will be asked to identify and correct any data entry errors. The contract is concluded when the final user clicks on the button confirming the order ([the "Purchase Button”]).
The contract that can be concluded with the Manager is in English. Once the contract has been concluded, the Manager will accept the purchase order. The Manager may reject purchase orders that are incomplete or inaccurate or if the products are unavailable. In such cases, we will inform the final user by e-mail that the contract has not been concluded and that the Manager rejected the purchase order, specifying the reasons. If products present on the Site are no longer available or for sale at the time of the final user’s most recent visit to the Site or when his/her order form is sent, the Manager will inform the final user promptly or, in any event, within thirty (30) days after the day following the date the order was sent to the Manager, that the products are unavailable. If the order form has already been sent and the price paid, the Manager will reimburse the amount paid without undue delay and the contract between the parties will be considered terminated.
By sending the order form electronically, the final user unconditionally accepts and agrees to adhere to these General Terms and Conditions in his/her relations with the Manager. If the final user does not agree with any of the terms set forth in the General Terms and Conditions, we request that the final user not transmit the order form to purchase products on the Site.
By transmitting the order form, the final user confirms that he/she understands and accepts the General Terms and Conditions and the additional information contained on the Site, as well as information referenced by links, including the disclosure regarding privacy and the right to withdraw.
Warranties and indication of prices of products
Only products bearing the trademark [Au Départ] that have been purchased by the Manager directly from authorised producers are offered for sale on the Site.
The Manager does not sell used or irregular products or products whose quality is inferior to corresponding standards offered on the market.
The essential features of the products are presented on the Site in each product data sheet. However, the images and colours of the products offered for sale may not match the true images and colours due to the Internet browser or monitor used.
Prices of products are subject to change. Thus, the user must ascertain the final sale price before transmitting the order form.
Each product has an identification tag, which the final user must not remove. If the final user exercises the right to withdraw, the Manager has the right to not accept the return or not reimburse in full amounts paid for the purchase for products without the tag, products whose essential qualitative features have been altered or damaged products, as set forth in more detail in the “Right to Withdraw” section.
All products sold by the Manager are covered by the legal warranty for twenty-four (24) months for defects in conformity under applicable law. The final user must inform the Manager of the product’s defect in conformity within two (2) months of discovering it. The Manager can be notified of the defect in conformity by e-mail email@example.com. In the event of a defect in conformity, the final user may ask that the product be repaired or replaced. If the aforesaid remedies are not possible or are excessively onerous, the final user will be entitled to a reduction in the price paid or termination of the sales contract pursuant to Art. 130 of the Consumer Code.
The final user will be able to select one of the methods indicated in the order form to pay the price for the products and the shipping and delivery costs. In no event will costs exceeding those the Manager actually incurs (based on the payment method chosen) be charged.
If payment is made using a credit card, the financial information (e.g., credit/debit card number and expiry date) will never be used by the Manager except to complete the purchase procedures, provide reimbursement if products are returned following exercise of the right to withdraw, or if it becomes necessary to prevent or notify law enforcement of the commission of fraud on the Site. The price to purchase the products and shipping costs, as indicated on the order form, will be charged to the bank account indicated by the final user when the purchased products are shipped.
Products will also be offered for sale on the Site that are not yet available but that are coming out soon, which can be purchased before they are available for shipment.
After the product purchase agreement has been concluded, the Manager will send an e-mail confirming the pre-order, which will indicate the estimated product delivery date. Thereafter, when the product becomes available, the Manager will ship it and will send an e-mail to the final user indicating the actual delivery date.
The final user may cancel his/her pre-order before the product is shipped by contacting Customer Service. The pre-order cannot be cancelled after the Manager has shipped the product.
Shipping charges and timing
|Italy||Europe||USA and Canada||Rest of World|
|Standard||Next business day||Next business day in the EU, Liechtenstein, Norway and Switzerland||soon available||soon available|
|Express||soon available||soon available||soon available||soon available|
Product shipment and delivery
Purchased products will be delivered via a shipper chosen by the Manager within the timeframes indicated above. Products will be delivered to the address indicated by the final user on the order form. Deliveries will not be made to post office boxes.
Deliveries will be made within 30 (thirty) days of the date indicated in the order confirmation except in cases of force majeure or unforeseeable circumstances. If delivery is not made by that deadline, the final user may terminate the contract and the Manager will reimburse all expenses incurred under the contract without delay.
Upon delivery, the final user (or his/her delegate) must: (i) make sure that the number of packages delivered matches the number indicated on the delivery note; (ii) make sure that the packaging and seals are intact, undamaged, not wet and have not been altered in any way; (iii) sign the delivery document; and (iv) if requested by the shipper, present an identity document. Any damages to the packaging and/or to the products or mismatch in the number of packages or indications must be immediately noted in writing on the shipper’s delivery note. Where allowed by current law, once the shipper’s document has been signed without the final user noting any objections, the final user may make no claim regarding the external characteristics of the package(s) delivered. However, the final user may make a claim later by contacting the Manager at this e-mail address: firstname.lastname@example.org.
The Manager will send an e-mail confirming shipment to the final user once the products have been shipped.
Applicable law and dispute resolution
These General Terms and Conditions shall be governed and interpreted in accordance with Italian law, particularly Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”). Subject to any mandatory forums, the Court of Milan shall have exclusive jurisdiction over any actions arising out of or relating to the General Terms and Conditions.