Supplier Identification

The goods subject to these general conditions are offered for sale by KEY5 Di Delbono Nicola, with registered office in Rovato (BS), via Verdi 3/C, and operational headquarters in Rovato (BS), via C. Cantù 47, registered with the Brescia Chamber of Commerce, VAT number 02085470983 and tax code DLBNLN72E21B157X, hereinafter referred to as the “Supplier”.

Art. 1 – Definitions

The term “online sales contract” refers to the purchase agreement relating to the Supplier’s tangible movable property, stipulated between the Supplier and the Buyer within a remote sales system using electronic tools, organized by the Supplier. The term “Buyer” refers to the natural person consumer who makes the purchase, under this contract, for purposes not related to any commercial or professional activity carried out. The term “Supplier” refers to the subject indicated above or the subject providing information services.

Art. 2 – Subject of the Contract

By this contract, respectively, the Supplier sells and the Buyer purchases remotely via electronic tools the tangible movable goods indicated and offered for sale on the websites www.collantlover.it or www.collantlover.com. The products mentioned above are illustrated on the website in the information sheets of the individual products and, if purchased by a non-professional buyer not within the scope of professional activity, benefit from the legal guarantee of conformity of goods (Articles 128-135 of the Consumer Code – Legislative Decree 6/09/2005, n. 206).

Art. 3 – Procedures for Concluding the Contract

The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the address www.collantlover.it, where, following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods as per point 2 of the previous article.

Art. 4 – Conclusion and Effectiveness of the Contract

The purchase contract is concluded through the exact completion of the request form and the consent to purchase expressed through the online submission or by completing the form/module attached to the online electronic catalog and the subsequent submission of the form/module itself, always after viewing a summary web page of the order which lists the details of the purchaser and the order, the price of the purchased item, the shipping costs and any additional accessory charges, the methods and terms of payment, and the address where the goods will be delivered. When the Supplier receives the order from the Buyer, they will send a confirmation and summary email, which also includes the data mentioned in the previous point. The contract is not considered finalized and effective between the parties in the absence of what is indicated in the previous point.

Art. 5 – Payment and Refund Methods

Any payment by the Buyer may only be made using one of the methods indicated on the Supplier’s specific web page. Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal as regulated by Art. 12 of this contract, no later than 14 days from the date on which the Supplier became aware of the withdrawal. The refund may be withheld beyond 14 days only until the Buyer has proven that they have sent the goods back or until they have been received by us, whichever occurs first.

Art. 6 – Delivery Times and Methods

Shipping methods, times, and costs are clearly indicated and highlighted on the specific page of the site at www.collantlover.it/spedizioni-e-resi/
Shipments cannot be delivered to PO boxes or postal codes. Shipments will be delivered to the recipient’s address indicated by the Buyer, but not necessarily to the person of the indicated recipient, as the courier has the right to deliver to persons who the courier may reasonably consider authorized to accept the goods (e.g., concierge, warehouse worker, receptionist, etc.). The Buyer acknowledges that the Supplier does not and cannot exercise any prior control or supervision over the work of those appointed by the courier for delivery. The Buyer therefore waives any claim or compensation against the Supplier for direct or indirect damages of any kind connected to the shipping and delivery service carried out by the courier or third parties appointed. For shipments outside the Italian territory, all customs duties and costs arising from delivery attempts after the first, for reasons not attributable to willful misconduct or gross negligence of the courier, are the responsibility of the Buyer.

Art. 7 – Prices

All sales prices of the products displayed and indicated on the site are expressed in euros and constitute an offer to the public pursuant to Art. 1336 of the Civil Code. The sales prices mentioned above include VAT and any other taxes. Shipping costs and any accessory charges are indicated and calculated in the purchase procedure before the Buyer submits the order and are also contained in the order summary web page.

Art. 8 – Product Availability

The Supplier ensures the processing and fulfillment of orders without delay through the electronic system used. To this end, it indicates in real-time in its electronic catalog the products available and those unavailable. Should an order exceed the quantity existing in the warehouse, the Supplier, via email, will inform the Buyer if the item is no longer bookable or what the waiting times are to obtain the chosen item, asking if they intend to confirm the order or not.

Art. 9 – Limitation of Liability

The Supplier assumes no responsibility for disruptions attributable to force majeure if it fails to execute the order within the times provided for by the contract. The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the Internet outside its own control or that of its sub-suppliers. Furthermore, the Supplier will not be responsible for damages, losses, and costs suffered by the Buyer following the non-execution of the contract for reasons not attributable to it, the Buyer being entitled only to the full refund of the price paid and any accessory charges incurred. Notwithstanding the above, in any case of established liability of the Supplier depending on its exclusive responsibility and in any case characterized by negligence, the compensable damage to the Buyer will be limited to the total amount (goods and services) of which the Buyer has not yet benefited and in any case for an amount not exceeding the value of the order that was not executed. In any case, atypical contractual damages, consequential damages, and any loss of profit of the Buyer are excluded from this liability.

Art. 10 – Right of Withdrawal, Guarantees, and Support Methods

10.1 – Exercise of the Right of Withdrawal and Information pursuant to Legislative Decree n. 206 of 06/09/2005 (Consumer Code)

The Buyer has the right to withdraw from the contract, without giving reasons, within 14 days. (In order to improve our service, a note regarding any issues related to your purchase is still welcome).
The withdrawal period expires after 14 days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the goods. It should be noted that in the case of prize operations (promotions), where the purchase of a good is combined with another good sold at a nominal price or even given for free, the right of withdrawal will be legitimately exercised with the return of both goods subject to the purchase, given the accessory link of the promotional item to the first.

10.2 Warranty for Defects of Conformity

In the event of a lack of conformity, the Customer may choose to ask the seller to repair the good or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer customer is entitled to a proportional reduction in price or termination of the sales contract, as provided for by Art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided by the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract; if a lack of conformity appears despite the seller’s attempt to restore the conformity of the good; if the seller has stated (or it clearly results from the circumstances) that they will not restore the conformity of the good within a reasonable period or without inconvenience.
The consumer customer does not have the right to terminate the contract if the lack of conformity is only of a minor nature.
To benefit from the warranty for defects of conformity, the customer must report the lack of conformity with a communication addressed to the seller indicating the defects and flaws found.
Unless proven otherwise, it is presumed that any lack of conformity that appears within one year from the moment the good was delivered already existed on that date, unless such a hypothesis is incompatible with the nature of the good or the nature of the lack of conformity.

10.3 – How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the Buyer is required to inform us of their decision to withdraw from this contract through an explicit statement (e.g., letter sent by post, email). To this end, they may optionally use the withdrawal form downloadable at the following link, returning it to us completed in all its parts. Our details for sending the communication are as follows:

KEY5
Via C. Cantù, 47
25038 Rovato (BS)
Tel.: 030 7242266
email: assistenza@collantlover.it

To meet the withdrawal deadline, it is necessary for the Buyer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

10.4 – Eligible Parties

The right of withdrawal is exercisable only by natural persons (consumers) acting for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, cannot be exercised by legal entities and natural persons acting for purposes related to a commercial activity. Purchases made by retailers or subjects who for any reason purchase for resale to third parties, or users who have entered their VAT number in the registration form, are also excluded from the right of withdrawal.

10.5 – Exclusions

In compliance with Art. 59 letter “e” of Legislative Decree 21 of 21/02/2014, the exercise of the right of withdrawal cannot be accepted for sealed goods that are not suitable for return for hygienic reasons or related to health protection and that have been opened after delivery. Returns of items intended to come into contact with private parts of the person that have been opened after delivery (e.g., collants, open-crotch collants, etc.) can therefore under no circumstances be accepted. Should a pack composed of several pieces contain a garment intended for contact with private parts suitably sealed separately, replacement or return will be possible only if the latter’s wrapping has NOT been opened by the Buyer. The removal or damage of the packaging and/or the “integrity guarantee seal” placed to protect the product will entail, without exception, exclusion from the right of withdrawal or replacement.
Furthermore, products are not returnable if, by the nature of their materials, they undergo adaptive changes to the person when worn (all stockings, all collants, and all mesh garments). The return of such items is only possible if the garment has not been worn, not even for fitting.

10.6 – Effects of Withdrawal

If the Buyer withdraws from this contract, they will be reimbursed for all payments made to us, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 days only until the Buyer has proven that they have sent the goods back or until they have been received by us, whichever occurs first.

These refunds will be made using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise by choosing a different payment method among those available at the time of purchase; in any case, they will not incur any costs as a consequence of such refund.

The Buyer is requested to contact us in advance to obtain the return management number to be applied to the package and to send back the goods without undue delay and in any case within 14 days from the day they communicated their withdrawal from the contract. The deadline is met if the Buyer sends back the goods before the 14-day period has expired. The duties, costs, and direct risks associated with the return of the goods, including any duties and other customs costs, will be entirely borne by the Buyer.

The Buyer is responsible for the decrease in value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the goods. To avoid obstacles to the exercise of the right of withdrawal, the goods must reach us intact in their original packaging, which must also be intact and suitable for resale. We therefore recommend packing the goods to be returned carefully and using a courier or other suitable means to allow tracking of the shipment. It is also useful to insure the shipped goods, as it will not be possible to obtain any refund if for any reason the relative delivery of the return does not reach us.

10.7 – Damage to Packaging and Transfer of Risk

Pursuant to Art. 63 of the Consumer Code, any damage to the packaging/container of the Products must be immediately contested by the Buyer by placing a written control reserve on the proof of delivery. It is understood that once the delivery document has been signed without any dispute, the Buyer will be precluded from any objection regarding the external characteristics of what was delivered. In the event that the carrier was chosen by the Buyer outside of those proposed during the purchase phase, the risk of damage and loss of the Products is transferred to the Buyer at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of what was delivered. In this case, every dispute must be raised directly by the Buyer against the carrier.

Art. 11 – Buyer’s Obligations

The Buyer agrees to pay the price of the purchased item in the times and ways indicated in the contract. Once the online purchase procedure is concluded, the Buyer agrees to print and keep this contract. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before purchase confirmation.
Once the purchase procedure is concluded and the goods subject to this procedure have been shipped, in case it is impossible to deliver the goods to the recipient due to their absence, refusal to collect the package, incorrect address or unknown recipient, and, in general, due to the fault or intent of the same, for the determination of intent or fault, the delivery report filled out by the courier will prevail, detectable with the specific tracking code sent and known to the recipient after the shipment of the goods, and visible in the order details in the Buyer’s personal area on this site.
In all the above cases attributable to the recipient, the Supplier may deduct from the Buyer’s credit the sum of 15 euros, which will not be refundable as reimbursement for shipping costs.
The Supplier reserves the right to refuse any Order from a Buyer with whom there is a dispute in progress relating to the payment of a previous Order or relating to a Product for which there was a manifest error on the Sale Price or in the event that it is manifest that the goods cannot be delivered (incomplete/incorrect address / unavailability of the recipient during the couriers’ working hours, etc.). In this case, the Buyer will be informed by email of the measures taken by the Supplier, who will automatically proceed to refund the Order if the latter has already been paid by the Buyer.

Art. 12 – Privacy Protection and Processing of Buyer’s Data

The Supplier protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy regulations as per Legislative Decree 30 June 2003, n. 196. The personal data processing policy is more extensively specified at the following address.

Art. 13 – Dispute Resolution

The Buyer resident in Europe is informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Buyer to resolve non-judicially any dispute relating to sales contracts for goods and services stipulated online and/or arising from them. Consequently, if you are a Buyer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following address: https://webgate.ec.europa.eu/odr

Art. 14 – Judicial Dispute Resolution

Should the Buyer intend to take legal action before the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Buyer, mandatory pursuant to Art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005. Should the buyer not be a Consumer as defined in the preceding Article 1, but make the purchase in the exercise of their profession, the competent court is that of Brescia.

Art. 15 – Applicable Law and Referral

This contract is governed by Italian law. For what is not expressly provided for here, the legal norms applicable to the relationships and cases provided for in this contract shall apply, and especially Art. 5 of the 1980 Rome Convention. Pursuant to Art. 60 of Legislative Decree 206/2005, the regulation contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.

Art. 16 – Final Clause

This contract repeals and replaces every agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract. The use of this e-commerce site implies acceptance of the terms of sale set out above.

Notes:

Please note that it will not be possible to accept returns of products that:

  • have been sent back with shipping costs charged to the recipient.
  • the return procedures were carried out without following the methods provided for by law.

Please note that a decrease in the refund value will be determined for returned products that:

  • have undergone handling of the good other than that necessary to establish the nature, characteristics, and functioning of the goods. As a non-exhaustive example, those that do not contain intact original packaging and tags or that have been used, washed, or otherwise returned in conditions different from those of delivery or that are damaged due to the Buyer’s negligence or inappropriate use. (The stage of checking the sent and received goods and that of packaging is video-recorded to settle any disputes).
  • are missing protective materials inside the package (example: tissue paper, bags containing costume jewelry, double protective plastic bag, etc.) or if such packaging is not intact.
  • are missing intact original tags still attached to the garment.
  • are missing ALL ACCESSORIES included in the original packaging (example: thong, laces, stockings, straps, buttons, costume jewelry, etc.).
  • have been used for more than just a fitting, washed, or otherwise returned in conditions different from those of delivery.
  • are damaged due to the Buyer’s negligence or inappropriate use. (The stage of checking the goods and that of packaging is video-recorded to settle any disputes)
  • are dirty, stained, marked, or smelly.
  • have packaging that is not perfectly intact and complete in all its parts (“packaging” refers to the wrapper showing the product code or its photograph or the manufacturer’s brand; it does not refer to the courier box or envelope used for shipping, which can be discarded although we recommend conscious reuse or recycling).

How to ship products for return?

  1. After activating the withdrawal procedure, it is necessary to place the goods to be returned in a box or other wrapping suitable for safeguarding the original packaging of the products from any damage, writing, or alteration. In this regard, it is recommended to add filling material to limit the risk of damage due to shaking of the package during shipment.
  2. Affix the return authorization number provided by customer service in a visible position on the outer wrapping of the shipped packages.
  3. Ship the goods at your own expense within 14 days of communicating to the supplier your intention to exercise the right of withdrawal.

Warning: it is recommended to use a courier or other suitable means to allow tracking of the shipment. In case of loss of an untracked shipment, we will not be able to provide a refund.