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General terms of sale

Introduction

These General Terms of Sale regulate the use of the e-commerce platform www.alabamamuse.it and the purchase of the items contained therein (hereinafter the Terms).

We invite you to consult and carefully read these Terms, the Terms of Use, the Privacy and Cookie Policy, before using this e-commerce platform.

We inform you that by using this e-commerce platform or placing an order on it, you agree to these Terms, the Terms of Use, as well as the Data Processing and Protection Policies; therefore, if after having read them, you do not agree with the aforementioned General Terms and the Data Processing and Protection Policies, we invite you not to use this e-commerce platform.

For any questions, clarifications or communications relating to these General Terms or the Data Protection Policies, please contact us using the contact details in the ‘Contacts’ section of our e-commerce platform.

References

alabamamuse.it is owned by ALABAMA MUSE S.A.S. DI ALICE GENTILUCCI – VAT No. IT08937780966 – with its registered office in via Guercino 9 – 20154 – Milano (MI) hereinafter ALABAMA Muse. – e-mail info@alabamamuse.it

Contact details can be found in the ‘Contacts’ section of our e-commerce platform.

User data and access credentials

The information or personal data provided by the user will be processed in accordance with the data protection policies.

By using this e-commerce platform, you authorise us to use such information and personal data and declare that all the information and/or personal data provided to us are true and accurate.

Methods of using the e-commerce platform

By using our e-commerce platform and placing orders for products on it, you agree to:

  1. use the e-commerce platform only to browse, make consultations and place legally valid orders;
  2. not to place false or fraudulent orders. If we have reasonable grounds to believe that your order has the aforementioned nature, we will be authorised to cancel it or verify the competent authorities, if there are the details;
  3. provide us with your e-mail address, postal address and/or other contacts details truthfully and correctly.

Likewise, you allow us to use the aforementioned information to contact you (please see our Data Processing Policies).

If you do not provide us with all the necessary data, we will not be able to process your order.

By placing an order on our e-commerce platform, you confirm that you are of legal age (18 years or older) and are legally eligible to enter into binding contracts.

Completion of the contract

These General Terms are not an offer to the public, but a mere invitation to make a contractual proposal.

No contractual obligation will exist between you and us until your order is explicitly accepted by us.

If your offer is not accepted and we have already charged you, we will proceed to fully refund you the amount.

To place an order, you will need to follow the online purchase process and click on the ‘Pay now’ button.

Afterwards, you will receive an e-mail confirming the receipt of the order (order confirmation).

The order confirmation shall not be considered as an Approval of the order itself, as it constitutes an offer that you make to us for the purchase of the products.

All orders are subject to our approval, of which you will be informed by sending the Shipping Confirmation.

Only the products inside the shipping confirmation will be part of the Contract.

We will have no obligation to supply you with any product that has been included in the Shipping Confirmation, and therefore, until you receive confirmation that the product has been shipped.

Product Availability

All the orders you place are subject to availability. In the event of unavailability or supply problems, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value, giving you the right to decide whether to order them or not.

If you decide not to order the replacement products, we will refund you the amount paid in advance.

Refusal to process an order

We reserve the right to remove any product from our e-commerce platform.

We will do all that we can to process all orders, however, there may be exceptional circumstances which require us to refuse to process orders after the Order Confirmation has been sent and we reserve the right to do so at any time.

We decline any liability towards you or third parties arising from the removal of the products from the website or for the failure to process the order following the order confirmation.

Delivery

Notwithstanding the provisions of the preceding paragraphs and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product/s indicated in the relevant Shipping Confirmation by the date indicated in such confirmation of shipping or, if no delivery date is specified, within the deadline estimated when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

Nonetheless, there may be delays for different reasons such as the occurrence of unforeseen circumstances or those determined by the delivery area. If for any reason we are not able to meet the delivery terms, we will inform you with the option to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid.

For the purposes of these Terms, the ‘delivery’ will be deemed to have taken place, or the order ‘delivered’, through the acquisition, by you or by a third party indicated by you, of the material availability or in any case of the control of the products, which will be proven by signing the order receipt to the agreed shipping address.

Transfer of risk and ownership of the products

The product risks will be your responsibility from the moment of their delivery. Ownership of the products shall transfer to you as soon as we have received full payment of all amounts due in respect of the products, including delivery costs, or at the time of delivery (as provided in the previous paragraph), should this occur at a later time.

Prices and Payments

Prices

The price of the products will be the price that is stated on our e-commerce platforms at all times, except where there is an apparent error.

While we try to ensure that all prices on the e-commerce platform are accurate, errors may occur.

If an error occurs or is discovered by us in the price of the products you have ordered, we will promptly inform you, giving you the option of reconfirming your order at the correct amount or cancelling it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid.

In the event of an error that is manifest and unequivocal, and therefore easily identifiable as such, it is understood that we will not have the obligation to supply you with the product/s at the incorrectly indicated price – even if we have already sent the Shipping Confirmation.

Prices may change, at any time. However, except as noted above, changes will not affect orders for which we have sent an Order Confirmation.

The prices on our e-commerce platform include VAT, but exclude shipping costs, which are to be added to the total amount to be paid.

Purchase methods

Once you have selected the items you wish to buy, they will be added to your cart. Subsequently, there will be the completion of the order and the payment.

For this purpose, you will need to follow the purchase instructions, entering or verifying the information requested in each step of the purchase process, requesting the invoice, if desired. You can change your order details at any time during the purchase process, before payment.

Payment methods

Payments can be made by credit cards such as: VISA, Master Card, Maestro – Union pay – American Express and via PayPal – Shopify Payments – Klarna – Google pay –  Apple pay – Top pay.

To reduce the risk of unauthorized access, your card details will be encrypted. Once we receive your order, we will pre-authorise your credit card in order to ensure you have sufficient funds to complete the transaction. Your credit card will be charged when your order leaves our warehouses.

If you have chosen PayPal and similar as a payment method, the charge will be made when we confirm your order. By clicking on the ‘Pay now’ button, you confirm that the credit card belongs to you. Credit cards are subject to verifications and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delays or non-delivery and will not be able to enter into a Contract with you.

Purchase as a guest

Our e-commerce platform also gives you the possibility of purchasing products as a guest.

When using this purchase method, you are required to provide only the necessary data to process your order.

Upon completion of the purchase process, you will have the option to register as a user, or to continue as an unregistered user.

Return and exchanges policies

Legal right of withdrawal

As a consumer, according to the definition provided by the Legislative Decree 206/2006, you will have the right to withdraw from the Contract, within a period of 14 days, without giving reasons.

The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you acquire physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, it ends after 14 days from the day on which you acquire physical possession of the last good.

You can exercise your right of withdrawal by sending a written communication to ALABAMA MUSE S.A.S. DI ALICE GENTILUCCI – VAT No. IT08937780966 – with its registered office in via Guercino 9 – 20154 – Milano (MI) – or via e-mail at info@alabamamuse.it

To meet the withdrawal deadline, you just need to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of the withdrawal

If you exercise your right of withdrawal, you will be refunded all payments made, with the exception of delivery and collection costs, without undue delay and, in any case, no later than 14 days from the day on which we are informed of your decision to withdraw from the contract. These refunds will be made using the same payment method used for the initial transaction. In any case, you will not incur any costs as a result of such reimbursement. Without prejudice to the foregoing, the refund may be suspended until we receive the goods or until you demonstrate that you have sent the goods back, whichever is earlier. We invite you to return all products, without undue delays and, in any case, no later than 14 days from the day you informed us about your decision to withdraw from the Contract. The deadline is met if you send the goods back before the 14-day-period has expired.

ALABAMA Muse gives you the possibility to choose the option of getting a voucher of equal value to the amount paid for the good subject to withdrawal. You will need to confirm your choice in the communication that you will send for your right of withdrawal.

Cases of exclusion of the right of withdrawal

The right of withdrawal is excluded if your order concerns the supply of one or more of the following products:

  • Personalised items pursuant to article 59 of the Consumer Code, i.e. those goods which are not mass-produced by the owner but which are the result of precise indications and specific choices of the consumer and made only for him/her;
  • Sealed goods that are not suitable for return for hygienic reasons and have been opened after delivery;
  • Products which by their nature undergo rapid deterioration and are not suitable for return.

The right of withdrawal from the Contract will apply exclusively to those products returned in the same conditions in which you received them. We remind you that in the event of a return, you are responsible for the content of the package being returned.

No refund will be made, regardless of the return options chosen, if:

  • The package received contains an incorrect item and/or different from the product ordered or to be returned;
  • The product has been used beyond simple opening;
  • The products are not in the same conditions in which they were delivered and if they have been damaged.

We therefore invite you to pay attention when returning products and to take care of them as long as they are in your availability and possession. We ask you to return the item using or including in the package the original packaging, instructions and other documents, in any, that come with the product. You can return the product by requesting, as better specified below, a collection via a forwarder/courier who we will send to your home at a fixed redelivery cost or at your expense, according to the returns policy. In the event of an error in the content of the package returned by you, we will be authorized to charge you for transport costs if it is possible to manage and return the package received to your attention.

Return methods

You will need to contact us by sending an e-mail to the address in the contacts section. We will send you a return note. After that, we will send you our forwarder for collection.

If you paid for the products as a guest, you can request courier collection via our customer service channels.

For each of your return requests you will be charged a fixed amount as the return cost.

If you prefer not to use the available options listed above to return the products, you will assume all return costs and risks associated with the transport chosen by you, without any responsibility or obligation in this regard on our part.

Please note that if you decide to return the products with the “cash on delivery” method, we will be authorized to charge you the related costs.

Return of non-compliant and faulty products

In case of defect of conformity, you have the right to restore the conformity of the good, without charges at your expense. If you believe that one or more products you purchased show defects of conformity, we invite you to contact us by using the references indicated on our e-commerce platform.

In the event that you believe that, at the time of delivery, the product does not comply with the provisions of the Contract, you must immediately contact us via our customer service channels indicated on our e-commerce platform, indicating the product data as well as the damage incurred, and we will tell you the procedure to follow. To enable us to verify the item, you will need to return it to the address indicated in the electronic document received by e-mail together with the Shipping Confirmation.

We will carefully examine the returned product and will communicate to you, within a reasonable time, the outcome of the checks carried out on the goods. In the event of defect of conformity of the good, we will offer you the reparation of the product at our expense or the replacement of the product or a voucher of equal amount to the expense you made to use on our e-commerce platform by 30 working days.

Non-compliance with what is published on the e-commerce platform

As far as we are concerned, we will do everything to ensure the product compliance with what is published on the e-commerce platform.

The web, however, by definition can sometimes create mismatches with the published image (for example: differences in colour gradient). In such circumstances, we ask you to report the incongruity. We will happy to offer you the replacement of the product.

Maintenance

The products manufactured and sold by ALABAMA Muse are made of the highest quality and fine materials, which require a careful maintenance for their correct preservation.

We therefore invite you to carefully see the product description that includes the essential features, as well as the best methods for safe maintenance.

We are not responsible for any damaged resulting from improper maintenance. If you complain about defects or damages to the product, we reserve the right to examine it and verify the causes of damage.

If we are certain that the cause of damage results from wrong maintenance, we are not obliged to refund. Nevertheless, we undertake, in that case, to discuss with you the possibility of carrying out a restoration activity, where possible, providing you with a cost estimate.

Right of withdrawal and return of orders placed from abroad

If you have placed an order outside Italy, from another EU member state, through this e-commerce platform, the provisions contained in the previous paragraphs will be applicable, except for the provision relating to the courier appointed by us, applicable only in the case where the collection is made from the original address in Italy. We also inform you that under no circumstances are we required to cover shipping or return costs for sending products to or from destinations other than the original address in Italy.

Legal warranty

The products sold through this e-commerce platform are supported by the mandatory legal warranty provided by law in favour of consumers, to cover any defects existing at the time of delivery of the good. The legal warranty covers any defects of conformity of the good that may appear within two years of the delivery, provided that they are reported within two months of discovering the lack of conformity.

Pursuant to applicable legislation, a lack of conformity exists if the product purchased by you:

  • It does not conform to the description provided and does not have the qualities presented on this e-commerce platform;
  • It is not suitable for the use for which the products are normally intended;
  • It does not have the qualities and characteristics for a product of this type and which can reasonably be expected, taking into account the nature of the good and, if applicable, the specific characteristics provided.

To the fullest extent permitted by law, we exclude all additional warranties and those that cannot be waived, except those that cannot legitimately be excluded towards consumers and users.

Liability and disclaimers

Unless otherwise indicated in these Terms, our liability regarding any product purchased on our e-commerce platform shall be limited strictly to the price of purchase of said product. Without prejudice to the foregoing, our liability is not excluded nor limited in the following circumstances:

  • In the case of death or personal harm caused by our negligence;
  • In the case of fraud or fraudulent activity;
  • Any circumstances in which it is illegal or unlawful for us to exclude, limit o try to limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent permitted by applicable law, and unless otherwise indicated in these Terms, we will not accept any liability for indirect damages, such as:

  • Loss of profit;
  • Loss of turnover;
  • Loss of income or loss of contracts;
  • Loss of expected savings;
  • Loss of data;
  • Waste of office administration time.

Due to the open nature of this e-commerce platform and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this e-commerce platform, unless expressly stated otherwise. These provisions do not limit in any way the rights recognised to the consumers by applicable law.

Intellectual property

You acknowledge and agree that all copyrights, registered or “used” trademarks and any intellectual property rights to the materials or content presented as an integral part of the e-commerce platform are owned by us and those who have granted us license to use them. You may only use such material in ways for which you receive express authorization from us or from those who have granted us license for their use.

This will not prevent you from using this website to the extent necessary to copy your order information or contract data.

Protection of craftsmanship and its artistic value

The products sold in this e-commerce platform are the result of the brainchild and craftsmanship/artistic work of the company and its owners.

For this reason, any reproduction in violation of copyright and intellectual property protection laws is strictly prohibited.

Viruses, hacking and other cyber attack risks

You must avoid any misuse of this e-commerce platform and avoid the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorised, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perform DoS attacks against this e-commerce platform.

Failure to comply with this clause could result in violations defined by the relevant legislation. In case of non-compliance with this paragraph, your authorization to use the e-commerce platform will be immediately withdrawn.

To the fullest extent permitted by applicable law and with respect for the fundamental rights of consumers, we decline any liability for any technological damage to your computer, computer equipment, data or materials as a result of your use of our e-commerce platform or downloading content from it or redirecting you to it.

Written communications

Applicable legislation requires that part of the information and communications that we will send you must be in writing. By using this e-commerce platform, you agree that most communications exchanged with us will be in electronic format. We will contact you via e-mail, or provide you with information by placing appropriate notices on this e-commerce platform. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications must be in writing. This writing does not limit in any way the rights recognised by applicable law.

Notifications

All communications addressed to us must preferably be sent through the customer service channels indicated in the “contacts” section of our website. Except as specified in these Terms, we reserve the right to send you any communications by e-mail or by post to the address provided to us when you placed your order.

Communications will be deemed to have been received and properly notified respectively when posted on our e-commerce platform, 24 hours after an e-mail is sent, or three days after the date of sending. In order to prove notification of a communication, it shall be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the recipient’s e-mail address.

Transfer of rights

The contract between you and us is binding on both you and us, as well as on our respective successors and assigns. You are prohibited from transferring or assigning the Contract, or any of your rights and obligations under it, without our prior written consent. We shall be entitled to freely transfer, assign, sub-contract or dispose of the Contract or any rights or obligations arising under it, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other rights to which you, as a consumer, may be entitled or terminated will not reduce or limit in any way any of the warranties or liabilities offered by us, whether expressly or implicitly.

Force majeure

We will not be liable in any way for any non-compliance or delayed performance of any of our obligations under the Contract caused by events which are beyond our reasonable control (force majeure events – force majeure events means any act, event, non-occurrence, omission, accident beyond any reasonable control, by way of example but not limited to: strikes, lock-outs or other labour unrest; riots, revolts, invasions, terrorist attacks or threats of other terrorist attacks, wars or threats of war, fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disasters, inability to use railways, maritime and air transports, motor transport or any other means of transport, be it public or private, failure of private or public telecommunication networks, acts, decrees, laws, regulations, restrictions of any government). It is understood that the execution of the obligations under the contract will remain suspended for the entire duration of force majeure events. We will be granted an extension for the execution of the contract equal to the duration of that period. It is understood that, despite force majeure events, we will work to find a solution through which to comply with our contractual obligations.

Waiver

If we fail, during the execution of the contract, to demand the exact fulfilment of any of your obligations, or of any of the obligations under these general terms, or should we fail to exercise any of the rights or actions of which we have right under the contract or these general terms, this will not constitute a waiver of such rights or actions and will not relieve you from the fulfilment of the relevant obligations. Any tolerance on our part in the face of your non-compliance will not constitute any waiver of reacting to a subsequent non-compliance. No waiver on your part with respect to any of your obligations under the contract or these general terms will be valid unless communicated in writing, in accordance with the provisions of the previous paragraphs.

Partial nullity

If any paragraph of the general terms, or part of it, or any of the provisions of the contract, should be judged invalid, illicit or unenforceable by the competent authority, such paragraph, clause or provision will be considered as not in place while the other paragraphs, clauses and provisions will remain valid to the maximum extent permitted by law.

Integrity of the contract

These general terms, as well as any document expressly referred to herein, represent the entire agreement between you and us regarding the subject matter of the contract and supersede any previous agreement or understanding between us, whether oral or written.

Both You and we acknowledge that, in entering into the Contract, neither You nor we have relied on any representation, undertaking or promise made by the other party, or inferred from what was said or written in negotiations prior to the Contract, but only on what expressly stated in these Terms. Both You and we shall be entitled to remedy any false statements made by the other party, whether orally or in writing, prior to the date of each Contract (unless such false statement was made fraudulently) and the sole actions that the other party may undertake will be for breach of the Contract, as provided in these Terms.

THE RIGHT TO AMEND THESE TERMS

We reserve the right to revise and amend these Terms at any time.

You will be subject to the General Terms in force at the time of the order, unless a change to the General Terms or Data Protection Policies needs to be made by law or at the request of a government authority (in which case it will also apply for orders already sent to us).

APPLICABLE LAW AND JURISDICTION

The use of our e-commerce platform and the contracts for the purchase of products through this e-commerce are governed by Italian law.

For any dispute arising out of or in connection with the use of the e-commerce platform or with such contracts, in the event of judicial action, the Judge of the place of residence or domicile of the consumer shall have jurisdiction.

If you enter into the Contract as a consumer, this clause does not affect, in any way, the rights that the law recognises you as a consumer.

REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE CONSUMER DISPUTE RESOLUTION

For any comments, suggestions, requests for information or complaints, we invite you to contact us via our customer service channels indicated on our e-commerce platform. Our customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with the legally established deadlines. If as a consumer you believe that your rights have been violated, you can address your complaints to us via the e-mail address info@alabamamuse.it in order to request an out-of-court resolution of disputes. To this end and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court resolution of disputes, relating to the orders placed on this website, through the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.

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