PLEASE READ CAREFULLY.
This site is controlled and operated by Atelier Silke Mode – silkemode.it, a Italian corporation from its offices located at:
Atelier Silke Mode – silkemode.it
Via dei Vanga 12/B
E-mail address of our Customer Service: firstname.lastname@example.org
The phone number: (+39) 339 6931581
General terms of business
The general terms of business regulate the managing of the contract, the duties of the firm Atelier Silke Mode – silkemode.it and the user and the course of concluded contracts between the user and Atelier Silke Mode – silkemode.it. General information regarding Atelier Silke Mode – silkemode.it, the offered items and services and the contracts are to find at custom information.
§ 1 Object of the general terms of business
The object of the general terms of business is the regulation of the contract conditions for all the contracts between Atelier Silke Mode – silkemode.it and the user, concluded by means of the online shop. The validity of the general terms of business is respectively based on the version of the contract conclusion's time.
§ 2 Realization of the contract
The online shop offers are not binding. While clicking the order-button, the user is willing to get a binding accordance with the supplier for purchase the contents of the shopping basket. The contract will be realized by the supplier's return declaration after having sent the order. The user gets the declaration immediately after having clicked on the order-button, so, the contract has been realized.
§ 3 Duty to information
During the order the user has the duty to give true information. In case of omission of this information or sent of false data, especially a false e-mail address, the supplier has the right to withdraw the concluded contract. The withdrawal is given by a written notice sent per e-mail. Immediately after conclusion of the contract the supplier sends an e-mail to the customer's registered e-mail address with all the custom information. The user is committed to inform instantly the supplier at email@example.com, if this e-mail didn't reach him within 24 hours after the conclusion of the contract. The customer has to take care about the accessibility of the mentioned e-mail account from the moment of the sent data, without being inaccessible for the reception of e-mail messages, due passing on, closure or overfill of the e-mail account. An error is suspected, if an e-mail sent to the user comes back three times consecutively or through the impossibility of sending due a false address.
§ 4 Right of revocation
Cancellation instructions in accordance with art. 49, comma 4 of the legislative decree no. 206/2005
Return (European Union only)
You have the right to cancel the contract, without giving a reason, within 14 days. The cancellation period expires after 14 days from the day when you or a third party, other than the transporter and designated by you, takes physical possession of the goods. To exercise your right to cancellation, you must inform Atelier Silke Mode, Via dei Vanga 12/B, 39100 Bolzano, Italia of your decision to cancel the present contract via an explicit declaration (for example a letter sent by post or email to firstname.lastname@example.org.
Please wait for our e-mail with the instructions for the return before sending the package! We remember you that the goods have to be in perfect conditions and in the original Box or nylon sack plus an additional packing in order to protect the original. Please do not apply tape directly on the original package (carton box/ nylon sack). The refund may be suspended in case the returned product and its original package are damaged and cannot be resold. Please enclose the Proforma invoice to the package so refund can be executed correctly. Please return the goods or hand them directly to us, without undue delay and in all cases within 14 days of the day on which you informed us of the cancellation of this contract. In order to comply with the cancellation period, you need only send the communication relating to the exercising of your right to cancellation before expiry of the cancellation period.
If you withdraw from this contract, you will receive a refund of all payments that you have made to us, including shipping costs (for European Union orders only) (except for any supplementary costs arising from any choice of a more expensive shipping method than the standard method that we offer), without undue delay and in all cases not later than 14 days from the day when we were informed of your decision to cancel this contract. Such refunds will be made using the same payment method that you used for the original transaction, unless you expressly agreed otherwise; in any case you should not incur any fees as a result of such a refund. The refund may be suspended until the goods are received or until we receive proof of posting of the goods by the customer, whichever is received first. Please return the goods or hand them directly to us, without undue delay and in all cases within 14 days of the day on which you informed us of the cancellation of this contract. The time limit will be respected if you return the goods before expiry of the 14 day period. The direct costs of return of the goods will be payable by you. We remember you that the goods have to be in perfect conditions and in the original Box or Nylon Sack.
Attention customers outside the European Union: please ask for the Instruction’s before you return!
Please not return your order without our instructions, otherwise we can't accept your parcel!
Exchange (European Union only)
Please make a new order with the goods you want to have and after we get the return goods back, we will credit your card.
Otherwise we will wait till we get the goods back and then we will send you the right product.
§ 5 Delivery of goods, services
The receipt of an order is immediately worked out by the supplier. He hands over the goods to the delivery firm at the latest on the second day after the conclusion of contract.
With the handing over of the goods to the delivery firm the supplier has fulfilled his service and the risk passes on the user.
The service delivery will be carried out immediately, except if otherwise stipulated. If the service delivery should not be made via internet and if the user is not reachable at his indicated address, so the user falls behind with taking on the service. In that case he has to compensate the additional costs emerged by the vainly approach.
The supplier is no more compelled to carry out the assured service and has the right to withdraw the contract, if the user isn't reachable twice in despite of an agreed written fixed date.
If the supplier doesn't realize the assured services for the agreed date, the user has the right to withdraw the contract.
If a delivery isn't possible due the non-availability of the products, so the supplier has the right to withdraw the contract without carrying out the assured service. In this case, the supplier is obligated to inform immediately the user about the non-availability and if necessary, to reimburse immediately the eventual emerged money consideration. We never accord a reimbursement of the delivery costs, neither in case of a late delivery. The cash on delivery can be reimbursed after our collect at the delivery firm.
§ 6 Payment
The purchase price or payment become immediately due, unless otherwise noted. If the agreement provides a recurring service and the user has to settle periodic payments, so he has to pay them in advance on every first day of the month. In case of a cancellation, the odd payments of the user will be refunded periodically. The user falls behind automatically, if the payment of the invoice isn't settled. In case of recurring services, the user will fall into arrears with the payment without any reminder, if he failed the date of payment. In this case, legal interests payable on arrears will be charged. The customer only has the right of compensation, if his counterclaims are legally valid or recognized by the supplier. The customer is only entitled to exert the right of retention, if his counterclaim is based on the same contractual relation.
§ 7 Forwarding and delivery charges
Forwarding charges are only calculated on delivery of goods, except regular periodical deliveries (subscriptions).
The amount of the forwarding charges depends on the kind of delivery and the destination. Customs duties and taxes are eventually charged in countries out of the EU.
After the dispatch of the merchandise, the right of exchange or return within 20 days is guaranteed; the forwarding charges, taxes and handling charges are in this case (both directions) for the customer's account. The items have to be returned in perfect conditions, in the original package and without any sign of wear. In case of return of the merchandise we principally only accept post-paid consignments. Goods as special offer (with reduced price) are excluded from the right of return or exchange.
§ 8 Reservation of proprietary rights
The delivered goods are of the supplier's proprietary until the total payment of the purchase price, independently of the expiry of the revocation term.
§ 9 Guarantee
The guarantee is determined by the legal requirements with the conditions of following regulations.
The user has the duty to control the receipt merchandise in regard to evident defects. If he ascertains evident defects, so, he immediately has to inform the supplier; in other case he has no more rights of guarantee toward the supplier.
The supplier is not responsible for defects caused by the user, neither in case of simple wear marks. This situation is not comprised in the user's right of revocation.
In case of defected merchandise, the supplier is entitled to choose a second delivery or the retouch. If the retouch fails definitively or the further delivered goods are defected, too, the user can stipulate the return of the merchandise for the refund of the agreed price or ask the reduction of the purchase price.
§ 10 Liability
The supplier is absolutely liable for the intention and gross negligence of his collaborators, legal representatives and leading managers. This also counts for assured qualities. No assurance of the qualities for the goods or services is given. The description of the items and services represents no assurance of the qualities. The supplier doesn't assure any quality for the rest, too. He is only liable for negligence, if an essential duty of the contract regarding the completion of the contract purpose was violated (fundamental duty).The rights of contract violation are in lapse within two years without prejudice to any mentioned settlement. The law of liability of the product remains unaltered. The mentioned regulations are also valid for the supplier's realizing assistants.
§ 11 Data protection
The supplier only takes those user's data, which are indispensable for the execution of the order and the conclusion of the contract. He only uses the data provided by the user for the purposes consented by this one.
§ 12 Laws applied
Every contract is based on the Italian law, except the UN purchase right. With an acquisition on our website you accept the condition to institute eventual proceedings against the supplier (Atelier Silke Mode - silkemode.it) only at the competent district court of the Province Bolzano/Italy. This agreement is regulated conforming to the law of the Italian country, the location of the head office of the Atelier Silke Mode, and should be built according to this bill. Herewith you agree to address every eventual proceeding against Atelier Silke Mode only to the regional court of the Province Bolzano/South Tyrol, Italy.
§ 13 Differing conditions of the customer
In case of the customer's use of own general terms of business not conforming to these general terms of business, the supplier's general terms of business have exclusive validity.
§ 14 Trademark rights
The trademarks of the offered products are in possession of the respective producers and not of Atelier Silke Mode - silkemode.it
§ 15 Use of the website
Mandatory information according to the EU-Regulation N. 524/2013 of the European Parliament and of the Council Platform for online dispute resolution for consumer disputes (ODR) to the European Commission: ec.europa.eu/consumers/odr/