Any online purchase made on the website www.eduardodesimone.com is subject to prior knowledge and acceptance of the present terms and conditions of sale.
Our general conditions of sale can be downloaded here.
Item: Products of any kind offered for sale (e-commerce service) on the Site.
Customer: a non-commercial, natural person placing the Order, and holding full legal capacity.
Order: the commitment to purchase all Items selected by the Customer via the Site’s e-commerce service.
Website: website published by Edesim Srl and accessible at https://www.eduardodesimone.com
The present general conditions of sale (hereinafter “GSC”) apply exclusively between any Customer and the company EDESIM srl
You can contact one of our Edesim Srl advisers via the contact form on our Site.
The GSC are applicable without restriction or reservation to all of the Items offered for sale on the Site.
Any Order on the Site is subject to prior knowledge and acceptance by the Customer of these GSC and applicable prices.
The “click” of the Customer on the “I accept” button on the page dedicated to the validation of the order is the equivalent of acceptance.
The present GSC take precedence over any other document.
The sale of Items on the Site is reserved exclusively for retail and individual sale.
In any case, the Site may not be used by Professional Sales Customers, alone or in groups, regardless of the method of product marketing (online marketplaces, shopping malls, intermediaries, physical stores, etc.). The Customer consequently acknowledges and agrees that Items can only be purchased in quantities corresponding to the average needs of a consumer, and that this limits the number of Items ordered in a single order, as well as the number of individual orders placed. EDESIM reserves the right to refuse an order that is clearly validated by a professional salesperson.
Every Customer declares to be informed of the lack of reliability of the Internet, especially in terms of secure data transmission, continuous access to the Site, and performance in terms of data volume and speed transmission as well as the spread of viruses.
Edesim Srl warns each customer of the need to implement a security solution for all computer and mobile devices to prevent the spread of viruses.
CHARACTERISTICS OF ITEMS
Items available for sale are those listed on the Site. The offers are valid as long as they are visible on the Site.
They are proposed within the limit of the availability posted on the Site.
Edesim Srl reserves the right to withdraw, at any time, any Item on the Site and / or to replace or modify any information associated with the Items on this Site.
In the event of the unavailability of an Item after the Order has been placed, the Customer is informed by email, and the order is automatically canceled or can be reprocessed with customer service.
Edesim Srl will refund the order as soon as possible, at the latest within 14 days of the cancellation of the order.
Items on sale on this site, are available for worldwide delivery.
The characteristics of the Items sold on the Site (photographs, graphics and descriptions of Items, etc …) are provisory and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The descriptions and visuals are non-contractual.
In the event of errors or omissions in the description of an Item, Edesim Srl’ liability shall be limited to reimburse the Customer’s reasonable costs for returning the Item.
Any Order implies a payment obligation.
The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to have parental authorization to carry out the Order.
To place an Order, the Customer must follow the online purchase process and click on “Order” to submit the Order.
The payment of the Order implies acceptance of the present Terms and Conditions, the price of the Items and the content of the Order.
After validation of the payment, Edesim Srl sends the Customer an e-mail confirming the Order.
Any Order is subject to the prior acceptance of Edesim Srl and is confirmed after receipt by the Customer of an email confirming the shipment of the Items.
Any Order may be refunded if it turns out that the conditions in which it was carried out have violated these Terms.
If the Customer does not receive any email following the Order, it is his responsibility to contact Edesim Srl Customer Service as described in Article 12 of the present Terms and Conditions.
Edesim Srl can in no way be held responsible in the event of an input error or in an error of transmission attributable to the Customer, which does not allow for the delivery of the confirmation email and /or the Order.
It is recommended that the Customer print the confirmation email of his Order.
For any question relating to the follow-up of an Order, the Customer must consult his account on the Site or contact the customer service following the terms and conditions described in Article 13 of the present Terms and Conditions.
PRICING OF ITEMS
Prices are indicated on the Site in euros, all taxes included (TTC), excluding shipping costs.
They take into account the VAT and any reductions applicable on the day of the Order.
Any new taxes or contributions, including environmental ones, are likely to be passed on through the selling price of the Items.
The prices of the Products are exclusive of delivery charges (shipping and packaging according to the current rates).
The amount of the shipping costs is specified on the Site before validation of the Order.
Edesim Srl reserves the right to change the prices of the Items at any time, the Items billed are based on the rates in effect at the time of the validation of the Order.
The price of the Items invoiced is therefore the price indicated at the time of the Order.
PAYMENT OF ORDER
Any Order implies an obligation of payment by credit card, bank account with sufficient funds or Paypal. The Order is definitive only from the complete payment of the price and the costs associated with the Order.
The price charged to the Customer is the price indicated in the confirmation of the Order sent to the Customer by email.
The Order is payable immediately, by credit card (CB, Visa, MasterCard, American Express) or payment account (Paypal).
The Customer is informed by e-mail, once the Order has been shipped, that the Invoice (including the delivery charges and the applicable VAT the day of the Order) is accessible online in the Customer’s Account.
CONDITIONS OF DELIVERY
Items are delivered only in the countries indicated in Article 5 of these Terms and Conditions.
The Customer will receive by e-mail an Order confirmation number. The Customer will be informed of the different stages of his Order by email.
Shipments are announced by e-mail to the Customer, to the e-mail address provided by the latter in the Customer Account.
The Customer is offered several delivery methods chosen by the Customer:
In-store delivery is free
Standard Home Delivery is free in Europe for orders of 250 euros and above; otherwise there are applicable fees
Express Home Delivery has applicable fees.
In the event that the Customer chooses a Home Delivery:
With the shipping number, the Customer can follow the shipping progress on the carrier’s website.
The Customer is informed that it is his or her responsibility to provide all details necessary for the proper routing and delivery of the Order (access code, specific conditions of access, for example).
If the Customer is absent at the time of delivery, a notice of passage informs the Customer of the Terms of the retention of his parcel and its redelivery, under the full and exclusive responsibility of the carrier.
A delivery note is included in the package, summarizing the Items ordered and actually delivered.
The Customer entirely and exclusively assumes the risk of loss or damage of the Items from the moment of their delivery.
Items are delivered to the Delivery Address indicated by the Customer at the time of the Order.
Edesim Srl agrees that the delivery should be made within a maximum period of 14 (fourteen) calendar days from placing the order.
In the event of a late delivery that surpasses the above conditions, the Customer can contact the Edesim Srl Customer Service to extend the delivery period. In case of non-compliance with this new deadline, the Customer may cancel the contract by e-mail or letter and be refunded for the Order
In the event that the Order is canceled, the Customer will be refunded the price of the Order within 14 days of the date of cancellation.
Each delivery is deemed to have occurred as soon as the package is delivered to the Customer, as evidenced by the carrier’s control system.
If the package is damaged or if the item does not correspond to the Customer’s order, the return policy must be engaged within 14 calendar days after delivery, and according to the return procedure described in Article 11 below.
RIGHT OF RETRACTION AND TERMS OF RETURN
11.1 Right of retraction
Under Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and Law No. 2014-344 of 17 March 2014 as transposed to Articles L. 221-18 et seq. of the Consumer Code, any consumer is entitled to cancel his order at any time within 14 calendar days of the date upon which the Item(s) are received and this without having to justify any reason or to pay any penalty.
To exercise his right of withdrawal, the Customer must notify EDESIM of his decision to withdraw by means of a declaration of intent to the following address:
C.so Salvatore D’Amato 100
80022 Arzano, NA
After notification, the Customer must return the relevant Item (s) within a maximum of 14 days. This period is deemed to be respected if the Customer returns the relevant Item (s) before the expiry of the 14-day period.
Any retraction beyond the 14 days mentioned above can not be accepted.
Only a new item, unworn and unsullied will be refunded. The item must be returned in its original packaging with all accessories accompanying the Items (buttons, felt, labels and so on).
The return can be made either by post or in shop following the process of Returns & Reimbursement.
11.2 Return procedures
If you change your mind, you have fourteen (14) days from the date of your order to return your item (s).
To return your items, please follow the procedure described on the return slip included in your parcel:
The Customer must check off on the delivery note the item(s) to return and state the reason for the return. No return can be validated without the delivery note.
The Customer must return the product(s) in their original packaging with the completed delivery note. All accessories accompanying EDESIM items (buttons, felt pads) must be returned.
The Customer must insert this delivery note, completed and signed, in the return box along with the item(s) to return.
The Customer must make sure that the packaging is closed before sending.
The Customer must fix the prepaid postal label on the return box.
The Customer must deposit the return box at La Poste.
To request your return, be sure to respect the conditions of return. It is NOT possible to exchange a product ordered online.
For any further information or questions, for a follow-up order, or to make use of the guarantee, the Customer must contact the Customer Service either by email, by completing the contact form located on the contact page of the Site, or by phone at +3908119576766.
Items are guaranteed against conformity defects and latent defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 2171 and seq. of the Consumer Code, and this from the date of delivery:
Guarantee against hidden defects
Article 1641 of the Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1643 of the Civil Code: A seller is liable for latent defects, even though he did not know of them, unless the Seller has stipulated that he or she would not be bound to any warranty in that case.
Article 1644 of the Civil Code: In the cases of Articles 1641 and 1643, the buyer has the choice either of returning the thing and having the price repaid to him or of keeping the thing and having a part of the price repaid to him, as appraised by experts.
Article 1646: Where the seller did not know of the defects of the thing, he is only liable for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory vices must be brought by the buyer “within a period of two years following the discovery of the vice” (Ord. no 2005-136 of 17 Feb. 2005).
Legal guarantee of conformity
Article L 217-4 of the Consumer Code: The Seller delivers a good in compliance with the contract and answers regarding lack of conformity existing during the delivery. The Seller also answers for lack of conformity resulting from the packaging, assembly or install instructions when it was determined by the contract that it was his/her responsibility.
Article L 217-5 of the Consumer Code: The good is conform with the contract:
1/ If it is proper for the intended use of a similar good and, if need be:
if it corresponds the description given by the Seller and has the qualities that he/she presented to the buyer in the form of a sample or a model.
if it presents the qualities a buyer can legitimately expect regarding the public declarations given by the Seller, by the producer or by his/her representative, including in ads or labelling;
2/ Or if it presents the characteristics defined by mutual agreement between both parties, or is proper for any specific usage researched by the buyer, and accepted by the Seller.
Article L. 217-7 paragraph 1 of the Consumer Code: The defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
Article L. 217-9 of the Consumer Code: In case of lack of conformity, the buyer chooses between the repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If the repair and replacement of the property are impossible, the buyer can return the property and be refunded the price or keep the property and get a part of the price. The same faculty is open to him:
1 / If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the claim of the buyer;
2 / Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: the provisions of Articles L. 217-9 and L. 217-10 are applied without any cost to the buyer. These same provisions do not prevent the award of damages.
Article L 217-12 of the Consumer Code: the action taken in the case of lack of conformity is prescribed by two years from the delivery of the goods.
The Customer may contact Edesim Srl via the Site Contact Form to collect any information relating to the application of these warranties. In accordance with Article 23 of these Terms and Conditions, the Customer will first contact Edesim Srl to find an amicable if the Customer intends to invoke one of the aforementioned guarantees.
This guarantee enables the Customer to return defective or non-compliant delivered Items for reimbursement under the aforementioned conditions.
CONVENTION ON PROOF
The Customer acknowledges and agrees that the order registration systems provide the proof for all transactions between Edesim Srl and the Customer.
The Customer acknowledges and accepts that the proof of acceptance of these Terms (and any updates) is characterized in checking off the words “I accept” on the order confirmation page, and this for each order.
The Customer acknowledges and agrees that the computer data stored in Edesim Srl computer servers is in reasonable security and integrity, and that this data is considered as proof of acceptance of the terms of the GSC and of all transactions between Edesim Srl and the Customer.
Consequently, unless Edesim Srl is proven to be in error by the Customer, the latter cannot contest the admissibility, validity or probative force of the GSC and of the Order, on the basis that certain documents must be written or signed to constitute proof.
These elements detailed in this convention constitute evidence and, if they are produced as such by Edesim Srl in any litigation or otherwise, they will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that would be prepared, received or kept in writing.
At any time, the Customer may print, download, and keep a copy of the GSC in paper and electronic format.
EDESIM reserves the right to modify the information contained in the Site at any time without notice.
EDESIM undertakes the responsibility to describe with the utmost accuracy the Items sold on the Site and to ensure the updating of the information displayed in the best possible conditions.
The Customer acknowledges and agrees that the prices of the Items may vary between the Website and the stores, and that under no circumstances may this difference in price justify a request for a refund in all or in part of the Items purchased either on the Website, or in stores, beyond the Customer’s right to withdraw under the conditions provided for in Article 11 of the GSC.
The responsibility of EDESIM cannot be engaged in the event of the breach of one of its contractual obligations resulting from a fortuitous event or in a case of force majeure as defined under French jurisprudence. The force majeure is an external, unexpected event that cannot be predicted or prohibited.
In particular EDESIM will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control (« Force Majeure Event”).
A Force Majeure Event includes any act, event, non-fulfillment, omission or accident beyond the control of Edesim Srl and includes in particular (a non-exhaustive list):
Strikes, closures or other industrial actions.
Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
Impossibility to use transport by rail, boat, aircraft, road or other means of private or public transport.
Impossibility to use public and private telecommunications networks.
Acts, decrees, legislation, regulations or restrictions of all governments.
Strike, failure or accidents in shipping, postal or other.
The execution of the GSC will be suspended for the duration of the Force Majeure Event and the delivery and delivery times will be extended accordingly. Edesim Srl will endeavor to find a solution allowing it to fulfill its contractual obligations in the case of Force Majeure.
EDESIM grants the Customer a limited license for personal use of the Site, excluding any professional or commercial use of the Site.
This Site or any part of this Site must not be reproduced, copied, sold, downloaded, modified or exploited for commercial or professional reasons without the prior, written and express permission of EDESIM.
The Customer must not use techniques to copy a trademark, logo or any other information (including images, text, models) owned by EDESI without its express prior written consent.
EDESIM authorizes the Customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site, provided that this link does not prejudice the interests of Edesim Srl.
Under no circumstances will the creation of this hypertext link engage the responsibility of EDESIM, for any reason whatsoever.
PROTECTION OF PERSONAL DATA
The Customer is informed and agrees that his personal data may be collected on the Site and used by EDESIM acting as controller in the sense of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (hereinafter “General Data Protection Regulation” or “GDPR “).
EDESIM undertakes to protect and ensure the security and confidentiality of the personal data of its Customers in accordance with the GDPR, including taking all necessary precautions to prevent such data from being distorted, damaged or unauthorized third parties having access to it.
In particular, Customers’ personal data can be transmitted to the service providers and contractual partners who, as subcontractors according to the GDPR, intervene and contribute directly to Order management, and for whom it is absolutely necessary to access the personal details provided by Customers during the creation and use of their Accounts (first name, name, sex, postal addresses of billing and delivery, function within the company, email address, mobile phone number, password for the connection to the customer account). Subcontractors may only act upon instruction from Edesim Srl.
The personal data of the Customers are collected for the following purposes:
order management and customer relations;
Customer information relating to offers and commercial information related to the brand;
strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the preferences of the Customer as manifest on the Site;
the improvement and personalization of the services offered to the Customers; and
compliance with legal and regulatory obligations.
The Customers’ personal data is kept for the period strictly necessary for the purposes previously set out.
In accordance with the GDPR, the Customer has a right of access, rectification and opposition to personal data concerning him (hereinafter the “Data Protection Rights”).
To exercise one or more Rights and Freedoms, the Customer must send a request by email or mail to EDESIM, by writing to the following address indicating Last Name, First Name, e-mail address as well as customer reference to : Edesim customer service C.so Salvatore D’Amato 100, 80022 Arzano – NAPOLI - ITALIA.
Each application must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature and specifying the reply address.
The response to the request made on the basis of one or more “Data Protection Rights” will be sent within 2 months of the receipt of the request.
COMMERCIAL OFFERS AND NEWSLETTERS
EDESIM may send Customers information regarding Brand Items and commercial offers by mail, email or all EDESIM-hosted webs on social media, subject to prior acceptance.
The Customer has at any time the right to oppose commercial prospecting at no cost, by clicking on the “unsubscribe” link in each email or, by submitting the request to the store via the Customer account or by mail.
This section concerns the origin and use of browsing information processed during the consultation of our Site and Customers’ rights.
During the consultation of the EDESIM Site, information relating to navigation may be recorded in the “Cookies” files and installed on the Customer’s terminal (computer, tablet, smartphone, etc.).
EDESIM issues these cookies to facilitate the navigation of the Site. Cookies can also be issued by partners of the brand in order to personalize advertising offers sent outside the Site.
Cookies may be included in different areas of the Site. These spaces can display content from advertisers on Customer’s devices.
Only the issuer of a cookie may read or modify information contained therein.
Reading or depositing some cookies may require prior consent of the Customer. In this case, having been duly informed via the information on the banner dedicated to cookies and information of these general conditions of sale, the Customer expresses consent by continuing to visit the Site.
Cookies have a shelf life of 13 months after their first deposit in the Customer’s terminal equipment.
Cookies issued by EDESIM
The cookies that Edesim installs on the Customer’s terminal, allow to recognize the browser used for the connection of the Site.
EDESIM issues cookies for the following purposes:
Establish statistics of attendance (number of visits, page views, abandonment in the ordering process, etc.) in order to monitor and improve the quality of service:
Adapt the presentation of the Site to display the preferences of the terminal:
Store information entered in forms, manage and secure access to reserved and personal spaces such as the customer’s account and shopping cart:
Provide the Customer with content, including advertising, related to the interests of the Customer and customize the offers.
When the Customer accesses the EDESIM Site, one or more of the cookies of partner companies (“third-party cookies”) may be placed in the computer via the pages of our Site or via content broadcast in the advertising space.
The cookies placed on the Edesim Srl’ Site by the service providers Edesim Srl uses to promote its activities and offers, are designed:
To identify the products consulted or purchased on the Site in order to personalize the addressed advertising offer;
To send, if the Customer has granted authorization when registering with the providers, Brand offers via email.
The cookies contained in the advertising space of the Site are intended to allow the establishment of statistics on the advertisements broadcast (number of posters, advertisements displayed, number of Customers having clicked on each advertisement).
The issuing and usage of cookies by third parties are subject to the privacy policies of these third parties. EDESIM has no access or control over third-party cookies and acts as a subcontractor within the terms of Article 35 of the Data Protection Act. However, EDESIM ensures that the partner companies treat the information collected on the site Edesim Srl-paris.com exclusively for the needs of EDESIM
The Customer may refuse third-party cookies by choosing the appropriate setting in the browser.
The Customer’s choices regarding cookies
The Customer can configure his browser software so that cookies are stored in the terminal or, conversely, are rejected, either systematically or according to their issuer.
The Customer can also configure the browser so that the acceptance or refusal of cookies is offered punctually, before a cookie is likely to be registered in the terminal.
Parameters of the main browsers:
The Customer may at any time choose to block or disable these cookies by setting the browser on the computer, tablet or mobile, in accordance with the instructions set by the internet browser provider and appearing on the websites mentioned below.
For more details, the Customer can also consult the site of the CNIL and in particular the page: https://www.cnil.fr/fr/recommandation-sur-les-cookies-quelles-obligations-pour-les- responsible-of-site-what-advice
On Mozilla Firefox:
Open the “Tools” menu, then select “Options”; click on the “Privacy” tab then choose the desired options or follow this link: http://support.mozilla.org/en/kb/activate-deactivate-cookies
On Microsoft Internet Explorer:
Open the “Tools” menu, then select “Internet Options”; click on the “Privacy” tab then the “Advanced” tab choose the desired level or follow this link: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
Choose “Safari> Preferences” and then click on “Security”; In the section “Accept cookies” choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari
On Google Chrome:
Open the configuration menu (wrench logo), then select “Options”; click on “Advanced Options” and then in the “Privacy” section, click on “Content Settings” and choose the desired options or follow this link: https://support.google.com/chrome/answer/95647?hl = en
On iOs: http://support.apple.com/kb/HT1677?viewlocale=fr_FR
The Customer can also type “cookies” in the “help” section of his browser to access the setting instructions.
Edesim Srl is in no way responsible for the content or operation of any of the social networks, including those that may be linked to the Site.
INTELLECTUAL PROPERTY, DOMAIN NAME AND WEBSITE
EDESIM is the exclusive owner of the intellectual property rights of the following elements (the list is not exhaustive):
On the Items offered on the Site;
On the Site, including its arborescence, the organization and titling of its headings, the visual and graphic identity, its design, its ergonomics, its features, software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element making up the Site;
On the databases, their structure and content, designed and managed by Edesim Srl for the purposes of editing the Site;
On all the elements of conception of the Site whether graphic or technical;
On names, acronyms, logos, colors, graphics, or other symbols that could be used, made or implemented by EDESIM.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in this article, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other symbols appearing on the elements made available within the Site.
As such, the reproduction or use of all or parts of these elements is only authorized for personal and private use; any reproduction or use of copies made for other purposes is expressly prohibited.
MODIFICATION OF TERMS
Given the possible evolution of the Site and its regulations, EDESIM reserves the right to modify the GSC at any time.
Only the GSC in effect at the time of the acceptance of the contract will be opposable to the customer.
New terms and conditions will, if necessary, be brought to the attention of the Customer by the modification of the appropriate page of the Site. The Customer will then be asked to expressly consent to the new version of the GSC by “clicking” on the “I accept” button for each new order.
The latest version of the Terms and Conditions can be downloaded from the appropriate page of the Site in the manner indicated in the Preamble.
APPLICABLE LAW, MEDIATION, DISPUTES
The present Terms are all subject to French law.
In case of dispute, the Customer will first contact Edesim Srl to find an amicable solution with customer service.
After a prior written agreement with Edesim Srl, the Customer may consult the Mediator Service on any unresolved consumer dispute.
In addition, the European Commission has set up an online dispute resolution platform. The platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
Any dispute will fall under the exclusive jurisdiction of the Italian courts of the Customer’s place of residence, in the absence of an amicable agreement between the Customer and Edesim.
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