1.1. These general sales conditions (“Agreement”) are applied for purchasing products (herein after “Products”) branded “Cinturini Poletto” through the website www.cinturinipoletto.com (herein after “the Website”) by users classified as “Consumers’’. The Website is owned by Cintrurini Poletto srl, located in Creazzo (VI) Via Monte Ortigara, 17.
1.2. The Sale Condition are available both in Italian and in English.
1.3. The Products presented on the Website can be purchased exclusively through the purchase procedure available on the Website. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.4. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers. Subjects other than Consumers are invited not to place any purchase order. Should one or more sales be made by any subject other than a Consumer, these general sales conditions will be applied but, as exception:
a) the buyer will not be able to exercise the right of withdrawal as set in the “escape clause” section;
b) the buyer cannot benefit of the Product warranty;
c) no other benefits will be acknowledged to the buyer, foreseen herein in favor of the Consumer, which refer or comply with binding laws;
d) the sales agreement stipulated between the Seller and buyer will be regulated by Italian laws, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.5. Upon transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via e-mail at the address specified by the Consumer.
1.6. Cinturini Poletto reserves the right to amend these general sales conditions at any time, at his discretion, without being liable to provide any notice to Website users. Any amendments will be effective on the date of publication on the Website and will be applicable exclusively to the sales made since that date.
1.7. Users worldwide can login the Website which may contain references to Products that may not be available or cannot be purchased in the country of the Website user
2. Characteristics of the products and liability
2.1. Objects of the offer in the Website are a watchstraps’ collection suitable also for Rolex GMT Oyster watches and a watchstraps’ collection suitable also for Apple Watch. In this regard the seller underlines that Cinturini Poletto is an independent company and not affiliated with Apple, Rolex or any other watch brand company.
2.2. Cinturini Poletto is not liable for any form of loss or damage caused to the Consumer’s wrist watch for any reason. The Consumer will receive a Product which has been calibrated to easily and effortlessly mount its intended watch. If the Consumer encounters a problem mounting the Product, then he/she most likely has the wrong model for his/her watch. The Consumer can contact immediately Cinturini Poletto to resolve the issue.
2.3. Cinturini Poletto reminds that some installation tools are sharp and may pierce or scratch the Product and/or the watch itself during installation if mishandled.
2.4. Cinturini Poletto is not responsible for any damage or loss to a strap or watch which occurs after purchase.
2.5. Product photography and images on the Website are specifically designated to give a true representation of the finished Products. However, computer browsers and display technologies may vary, which means Cinturini Poletto cannot guarantee the perceived accuracy of the true color tone being different from the Consumer’s computer screen’s interpretation.
3. Procedure to select and purchase the products
3.1. The purchasing products can be seen by the Consumer on the Website, together with their description, the price, their representation and the available colors.
3.2. The Product presentation on the Website, which is not binding for Cinturini Poletto, represents a simple invitation towards the Consumer to place a purchase order and not an offer to the public.
3.3. The purchase order transmitted by the Consumer to the Seller through the Website represents a contractual offer and is regulated by these general sales conditions, which constitute an integral part of the same order that the Consumer shall accept in full without any objection, when transmitting the order to Cinturini Poletto. Before purchasing the Products, by sending the purchase order, the Consumer will be requested to carefully read these general sales conditions and the policy on the right of withdrawal, to print a copy by pressing the printing and saving button or reproduce a copy for personal use. Moreover, the Consumer will be requested to identify and correct any errors concerning the inputting of his data.
3.4. The Consumer’s purchase order is accepted by the Seller with the transmission of an order confirmation email to the Consumer, at the email address indicated by the latter to Cinturini Poletto when registering to the Website or placing the order in case the Consumer is not registered to the Website, which will include the link to the text of these general sales conditions and the summary of the placed order. The Consumer’s order, the order confirmation by Cinturini Poletto and the general sales conditions applicable to the agreement between the Parties, will be filed electronically by the Seller in his computerised systems and the Consumer can request a copy by sending a notice to the Cinturini Poletto via email at firstname.lastname@example.org.
3.5. Each purchase agreement concerning the Products is deemed stipulated when Cinturini Poletto receives the payment in its bank account from the Consumer.
4. Availability of the Products and their delivery
4.1. The Website do not notify the Product stock and out-of-stock. At the time of the order request from the Consumer, Cinturini Poletto will check the availability of the Product/s requested. In case of unavailability of the Products, the Consumer is free to choose another Product/s or to delete the purchase order (by clearly emailing that is not willing to proceed with the order anymore).
4.2. In case a Product ordered by a Consumer is not available for delivery despite the order confirmation and the payment, Cinturini Poletto will immediately refund the Consumer of the sums already paid.
4.3. Once the order has been confirmed and the payment has taken place, Cinturini Poletto will send the ordered Products via UPS or equivalent courier to the address that has been specified by the Consumer himself via email.
4.4. Order fulfillment time may vary, from same day to a maximum of 3 working days from the time of the order, within which time the invoice will be issued with the consequent acceptance of the order, and its execution will begin.
4.5. As soon as the Product are delivered to the courier, Cinturini Poletto will send an email to the Consumer.
5. Prices and payments
5.1. All Product prices advertised and indicated on the Website are expressed in euro (€).
5.2. The prices, the Products for sale on the Website and their characteristics are subject to changes without notice.
5.3. The Product prices are indicated in the Website and include standard packaging costs, VAT and any indirect taxes.
5.4. Payment can be issued with:
• Bank Transfer
• Mastercard, Maestro, Visa
5.5. The Consumer explicitly agrees that the agreement will be processed by the Seller when the price for the purchased Products will be credited on the Seller’s bank account.
6. Shipping costs, taxes and duties
6.1. Shipping is free for Italy and all UE countries; for extra UE countries the Consumer agrees to pay to Cinturini Poletto 20 Euro in addition to the price published on the Website or communicated to the Consumer by Cinturini Poletto.
6.2. The Consumer shall pay the total price to Cinturini Poletto as indicated at the end of the purchase procedure.
6.3. Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the e-mail confirming the order includes indirect taxes (if applicable) but does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to obtain information from competent bodies in his home country or product destination country, concerning potential duties or taxes applicable in his home country or product destination country.
6.4. The Consumer is responsible for any additional cost, fee, tax and/or duty that a certain country may apply to the ordered Products at any title, based on these general sales conditions.
6.5. The Consumer declares that, should he not be aware of costs, fees, duties, taxies and/or levies when transmitting the order to Cinturini Poletto, this will not constitute cause for terminating the agreement and said fees will not be charged to Cinturini Poletto
7.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer code), Cinturini Poletto guarantees to the Consumer, that the Products will be free of design and material defects, and compliant with the descriptions published on the websites, for a period of 2 (two) years from the date the products are delivered to the Consumer. Any warranty will be voided in case the Product will be used or washed not in compliance with the intended uses of the product and instructions/warnings eventually provided by Cinturini Poletto.
8. Right of Withdrawal
8.1. The Consumer is entitled to withdraw from the contract, without stating a reason, within 14 days from when he/she or any appointed third-parties receives the Product. To exercise this right, the Consumer can send an explicit declaration to email@example.com stating the intention to exercise the right of withdrawal. To meet the withdrawal deadline, it is enough for the Consumer to send the notification before the withdrawal period expires.
8.2. Cinturini Poletto will accepts returns only for Products in unused condition. Cinturini Poletto accepts the return for any Product which has not been mounted, worn, bent, altered, stained, or damaged. If these requirements are not fulfilled, the price won’t be refunded to the Consumer.
8.3. If the Consumer withdraw from this contract, we shall refund all payments received from him, minus the original shipping charges, without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Cinturini Poletto will carry out such refunds using the same means of payment as the Consumer used for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of his choice of such means.
8.4. The Consumer who has received the product is required to return it to Cinturini Poletto without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer sends back the Product before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
8.5. Cinturini Poletto is not responsible for Customs fees and taxes for returned Products into/from foreign countries.
8.6. Products return are at the responsibility of the Consumer. He/She must ensure that returned Products are packaged carefully, to avoid damage during transit. Insurance is recommended for the customers protection.
8.7. The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories, the original packaging and packing and the original warranty, if any, the Consumer shall be accountable for the decreased value of the product and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same.
8.8. The Consumer, if requested, shall notify his bank details to Cinturini Poletto, always via email at firstname.lastname@example.org, to issue a bank transfer in his favor and to put Cinturini Poletto in the conditions to be able to return the due sum.
8.9. Cinturini Poletto will withhold the refund until has received the returned goods
9. Return (or change) due to defect of nonconformity
9.1. If the Consumer has received an incorrect or damaged product, please immediately contact Cinturini Poletto at email@example.com. Cinturini Poletto may ask the Consumer to provide also a photographic evidence.
9.2. In case of an actual defect or nonconformity of the product the Consumer received, Cinturini Poletto will send the latter a confirmation email with shipping instructions and indications on how to change the Product the Consumer has with the one he actually ordered/with a non-damaged one or on how to request a refund for the purchased product.
10. Applicable law and competent court
11. Applicable law and competent court
11.1. This Agreement is subject to Italian law. It is specifically agreed that the parties exclude application of the United Nations Convention on international goods sales agreements adopted in Vienna on 11th April 1980 to this Agreement. The Court of Vicenza shall have the exclusive jurisdiction on any controversy that may arise in respect of the obligations arising from this agreement.
11.2. This Agreement is subject to Italian law. It is specifically agreed that the parties exclude application of the United Nations Convention on international goods sales agreements adopted in Vienna on 11th April 1980 to this Agreement. The Court of Vicenza shall have the exclusive jurisdiction on any controversy that may arise in respect of the obligations arising from this agreement.
12. Final Provisions
12.1. For any further information about us, the Products, or the purchase procedure, please contact Cinturini Poletto at the following e-mail address: firstname.lastname@example.org.