GENERAL CONDITIONS OF SALE

  1. Acceptance of the general conditions of sale and closing

1.1 AEQUUS offers for sale on www.aequusnapoli.com the products to end consumers, namely, to persons who buy them for reasons unrelated to the activities, if any, carried by said persons for business, entrepreneurial or professional purposes (“Customer”). AEQUUS reserves therefore the right not to process orders placed by persons other than the “consumer” or, in any case, orders that are not consistent with its business policy.

1.2 The agreement executed between AEQUUS (hereinafter also the “Seller”) and the Customer shall be deemed binding upon acceptance of the order. AEQUUS’s acceptance of the Customer’s order will take place when AEQUUS emails the Customer to accept it, at which point a contract will come into existence between the Customer and AEQUUS. If AEQUUS is unable to accept the Customer’s order, we will inform you of this in writing and will not charge you for the product.

1.3 By placing an order with the order form made available on the Website (hereinafter, the “Order”), Customer declares that it has read and understood all of the indications given during the purchase procedure, and that it accepts, in full, these general conditions (hereinafter, the “Conditions”).

1.4 These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force.

  1. How to buy the products

2.1 The products offered for sale by AEQUUS are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information sheet.

It remains in any case understood that the images of the products on the Website are for illustrative purposes only. Although AEQUUS has made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The product delivered to the Customer may vary slightly from those images.

2.2 Customer can place an order by duly filling-in the order form made available on the Website and send it in accordance with the indications provided in the Website, after having carefully reviewed these Conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs. Customer shall also ask AEQUUS, by contacting the customer care, if it wishes to receive the invoice for the purchased product.

2.3 We will confirm that the Order has been properly received by sending an email message to the address notified by Customer. The email will contain these Conditions of Sale and the summary document on the Right of Withdrawal and therefore, all of the information that is already contained in the summary of commercial and contractual conditions viewed prior to making the purchase (the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).

2.4 AEQUUS may not process purchases when there are not sufficient guarantees of solvency, when orders are populated incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that AEQUUS has not carried out your purchase order specifying the reasons thereof. If the products displayed on the Website are no longer available once the Seller has received your order form, the same shall inform you of the unavailability of the ordered products as soon as possible if the order form has been sent and the price has been paid for items that are no longer available, the Seller will refund, without undue delay, the amount paid for those items and the contract between the parties will consider to have been terminated.

  1. Price and Terms of payment

3.1 The prices indicated on the Website are inclusive of taxes and VAT, when applicable. Customer shall be informed in advance of shipping costs or fees, if any, through the Website.

3.2 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form, such as Credit or Debit Card, PayPal, Stripe or other specific payment procedures as indicated within the Website on a case by case basis, including Cash on Delivery option, when present. Under no circumstance will costs that are higher than those effectively incurred by the Seller be charged, in relation to your previously selected payment method.

3.3 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Monte dei Paschi di Siena or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Seller except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.

3.4 Under no circumstances and at no stage of the payment process, the details of the credit card of Customer will be disclosed to AEQUUS because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in AEQUUS’s files, AEQUUS will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Customer’s credit card during the payment procedure.

3.5 The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.

  1. Delivery of the products and relevant expenses

4.1 A product will be the Customer’s responsibility from the time AEQUUS, through its logistics services provider, delivers the product to the address the Customer gave in the Order Form. The Customer owns a product once AEQUUS has received payment in full.

4.2 AEQUUS, its suppliers and its logistics service providers shall deliver the products purchased by Customer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website before the Order is confirmed. Please note that AEQUUS reserves the right to terminate the contract in the event that the Customer repeatedly fails to take delivery.

4.3 To receive the delivery of the products, the Customer shall sign the relevant receipt provided to him, having checked that:

4.3.1 the number of items delivered corresponds to the number indicated in the bill of parcels.

4.3.2 the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sellotape or metal strapping seals).

4.4 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier.

4.5 Any problem concerning the integrity of the products received, their number and completeness should be reported within 5 days from the relevant delivery in order to allow AEQUUS to proceed with the necessary verifications. Please note that such communication timeframe does not affect Customer’s statutory warranty and withdrawal rights.

  1. Returns

5.1 Customer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 20 (twenty) days after the date of delivery of the products.

5.2 Customer may exercise the right of withdrawal set forth in art. 5.1 above (i) by filling in the specific online return form, or (ii) by an unequivocal written communication to the address indicated in the return form included in the package of the delivered products (each one hereinafter the “Return Form”). AEQUUS will confirm that the Return Form has been properly received by sending an email message to the address notified by the Customer.

5.3 In the event of withdrawal, Customer shall dispatch the goods back to AEQUUS within 20 (twenty) days from the date on which the above notice was submitted, following, at his/her discretion, one of the following modalities:

5.3.1 Send the product/s to be given back to the address expressly referred to in the Return Form by means of the courier indicated by AEQUUS in the Return Form (DHL). Products may be shipped by using the pre-printed and pre-paid label enclosed in the package in which the products were shipped. Such means of redelivery is on the Seller’s exclusive cost. Please contact DHL (or visit their site: www.dhl.com) to organize pick-up;

5.3.2 Send of the product/s to be given back to the address expressly referred to in the Return Form by means of the courier chosen by the Customer (in such event, the costs for the redelivery will be on the Customer’s exclusive account);

5.3.3 Redelivery to the address expressly referred to in the Return Form (the Customer will give back the product/s along with the Return Form and one identity document).

5.4 The product must be given back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, identification tags, seals, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size, and must show no signs of wear or dirt, as indicated below:

  • The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not permitted;
  • The transit of the product/s, until the Customer receives confirmation that the product has been properly returned and delivered to AEQUUS, shall be at the Customer’s exclusive responsibility for the cases indicated under points 5.3.2 and 5.3.3.. Therefore, if the product has been damaged during transit, AEQUUS shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Customer and the withdrawal notice will be cancelled;
  • AEQUUS accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping, whenever the shipping back to AEQUUS is processed according to one of the modalities indicated under points 5.3.2 and 5.3.3.

 

5.5 AEQUUS shall refund to the Customer the whole amount already paid by the latter, within 20 (twenty) days from the date of the withdrawal. AEQUUS may withhold the refund until the returned product is properly received by AEQUUS or until Customer demonstrates that the product has been correctly returned, whichever is earlier.

5.6 Unless otherwise agreed by the parties, the amount initially charged to Customer will be re-funded using the same means of payment used by Customer in the initial transaction. In any case, no amount shall be charged to Customer in relation to the refund.

5.7 Once the products are received, AEQUUS will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Customer by email that the value of the returned products is reduced due to Customer’s failure to comply with the conditions mentioned above. By the same mail, AEQUUS shall also notify the amount that it will deduct from the amount to be refunded, unless Customer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to AEQUUS.

5.8 In the event that the right of withdrawal is forfeited (for example when the product is returned damaged when the same has been sent through a courier chosen by the Customer), AEQUUS shall send back to Customer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.

5.9 For more information on the products return policy (including the refund) and exchange service, please see here.

  1. 6. Warranty

6.1 The warranty for lack of conformity will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the use and washing instructions contained in and/or furnished with the product.

  1. Claims and queries

7.1 Any claim or query can be sent to AEQUUS at the following address: Via Sarno-Striano n. 94, 84087, Sarno, Italy, or writing to the Customer Care.

  1. Privacy

8.1 Where AEQUUS collects personal data from Customer during the placement of an Order, such personal data shall be processed by AEQUUS for the purpose of completing the Order and in compliance with applicable data privacy laws and AEQUUS’S Privacy Policy.

 

 

  1. Amendments and updates

9.1 The General Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale shall be effective as of the date of publication on the Site.

RETURN POLICY

1.1 Customer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 20 (twenty) days after the date of delivery of the products.

1.2 Customer may exercise the right of withdrawal set forth in art. 1.1 above (i) by filling in the specific online return form, or (ii) by an unequivocal written communication to the address indicated in the return form included in the package of the delivered products (each one hereinafter the “Return Form”). AEQUUS will confirm that the Return Form has been properly received by sending an email message to the address notified by the Customer.

1.3 In the event of withdrawal, Customer shall dispatch the goods back to AEQUUS within 20 (twenty) days from the date on which the above notice was submitted, following, at his/her discretion, one of the following modalities:

1.3.1 Send the product/s to be given back to the address expressly referred to in the Return Form by means of the courier indicated by AEQUUS in the Return Form (DHL). Products may be shipped by using the pre-printed and pre-paid label enclosed in the package in which the products were shipped. Such means of redelivery is on the Seller’s exclusive cost. Please contact DHL (or visit their site: www.dhl.com) to organize pick-up;

1.3.2 Send of the product/s to be given back to the address expressly referred to in the Return Form by means of the courier chosen by the Customer (in such event, the costs for the redelivery will be on the Customer’s exclusive account);

1.3.3 Redelivery to the address expressly referred to in the Return Form (the Customer will give back the product/s along with the Return Form and one identity document).

1.4 The product must be given back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, identification tags, seals, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size, and must show no signs of wear or dirt, as indicated below:

  • The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not permitted;
  • The transit of the product/s, until the Customer receives confirmation that the product has been properly returned and delivered to AEQUUS, shall be at the Customer’s exclusive responsibility for the cases indicated under points 1.3.2 and 1.3.3.. Therefore, if the product has been damaged during transit, AEQUUS shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Customer and the withdrawal notice will be cancelled;
  • AEQUUS accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping, whenever the shipping back to AEQUUS is processed according to one of the modalities indicated under points 1.3.2 and 1.3.3.

 

1.5 AEQUUS shall refund to the Customer the whole amount already paid by the latter, within 20 (twenty) days from the date of the withdrawal. AEQUUS may withhold the refund until the returned product is properly received by AEQUUS or until Customer demonstrates that the product has been correctly returned, whichever is earlier.

1.6 Unless otherwise agreed by the parties, the amount initially charged to Customer will be re-funded using the same means of payment used by Customer in the initial transaction. In any case, no amount shall be charged to Customer in relation to the refund.

1.7 Once the products are received, AEQUUS will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Customer by email that the value of the returned products is reduced due to Customer’s failure to comply with the conditions mentioned above. By the same mail, AEQUUS shall also notify the amount that it will deduct from the amount to be refunded, unless Customer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to AEQUUS.

1.8 In the event that the right of withdrawal is forfeited (for example when the product is returned damaged when the same has been sent through a courier chosen by the Customer), AEQUUS shall send back to Customer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.

Products Exchange

1.9 In certain circumstances, detailed in the Return Form, the Customer is entitled to exchange the purchased products with other products, in place of receiving a refund of the relative sum.

1.10 The request for an exchange of the product is subject to the following conditions:

1.11 a. product exchange shall only apply to purchased products for which this possibility is expressly specified on the online Return Form on our website;

1.12 b. Customer may only request the replacement of one or more purchased products with products of the same model, but in a different size and/or colour. The available replacement options will be indicated in the online Return Form;

1.13 c. Customer may request to exchange one or more purchased products within and not later than 20 (twenty) days of the day he/she receives the products, by filling in the Return Form and sending it via electronically to AEQUUS within the aforementioned deadline. The products to be replaced should be returned within 20 (twenty) days of the day of receipt;

1.14 d. Customer may only submit a single replacement request for each product purchased;

1.15 e. the products for which the Customer requests the replacement must be returned to AEQUUS in their original packaging, they must not have been used, worn, washed, modified or damaged, and they must still have their identification tag attached with the disposable seal;

1.16 f. the products to be exchanged that are part of a single order must be returned to AEQUUS in a single shipment. AEQUUS reserves the right to refuse products of the same order that are shipped for replacement in different stages.

1.17 If all the above conditions are correctly fulfilled, once the Customer have filled in and transmitted the Return Form containing the request for goods replacement, AEQUUS will process said request by sending you a relevant confirmation email. If such conditions are not met, AEQUUS will inform the Customer and will deliver back the product to the same at Customer’s expenses.

1.18 After receiving the products to be exchanged, AEQUUS will inspect the products to check that all the above requirements have been fulfilled; AEQUUS will then verify the actual availability of the replacement products in its warehouses of the products to ensure that the size and/or colour you have selected are available.

1.19 If the selected replacement products are not available in the warehouse, AEQUUS will not be able to accept the request for an exchange and will refund the Customer the original price of the products originally purchased in accordance with the procedures specified in the Return Policy. Customer will be contacted by AEQUUS if his/her request for an exchange cannot be accepted.

1.20 If the selected products are available in the warehouse, AEQUUS will accept the request for an exchange and will send to the Customer an email confirming the shipment of the replacement products. Shipment will occur within thirty (30) working days of the date from which AEQUUS was made aware of the request for exchange, once the condition of the products for exchange as detailed above has been verified. The costs for shipping the replacement products shall be borne by AEQUUS who will choose the carrier.

MEMO

INFORMATION – LEGISLATIVE DECREE 196/2003 (USER REGISTRATION)

The personal information collected will be processed mostly by electronic means, for the purposes of finalizing registration, allowing you to use the services offered on the site www.aequusnapoli.com (the “Website”) via access to reserved areas (for example, processing your orders and other necessary steps, including operations for administrative and fiscal obligations, sending newsletters, when consent has been given).

The data controller:

AEQUUS S.r.l., headquartered at Via Sarno-Striano, no. 94, 84087, Sarno, Italy with Tax ID and VAT Registration No. 05428790652 (hereinafter referred to solely as “AEQUUS”) with reference to the personal data of users navigating on the Website, including navigation data, marketing and profiling data.

The data marked with an asterisk in the sign-up form and on the Website in general are mandatory, and failure to provide it could make it impossible to complete registration and enjoy the services requested.

AEQUUS may also use your information for sending you advertising emails regarding products and services which are similar to those already purchased, unless you do not accept this use by exercising your right to oppose it as set forth elsewhere (Art. 130, paragraph 4, Legislative Decree 196/2003).

In addition, upon consent, the information may also be processed for sending promotional material regarding products and services that are different from those already purchased and for marketing activities or opinion polls. Upon consent, AEQUUS may perform profiling analyses of your buying habits in order to send you proposals tailored to your interests.

The categories of employees who will process data for the aforementioned purposes are those responsible for order fulfilment, management, customer care, information systems and marketing (where consent has been given), information systems and management of the Website, and the staff that provides confidential services to registered users.

In accordance with Art. 7 of Legislative Decree 196/2003, all corresponding rights may be exercised including consulting, changing, deleting the information, or opposing its processing for sending advertising material or commercial communications or opinion polls, by writing to Customer Care and selecting “Privacy” from the drop-down menu.

Consult our Privacy Policy for more information.