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The following Terms and Conditions of Sale (hereinafter, “Terms of Sale”) govern the offer and sale (together with the documents set forth below, including the Privacy and Cookie Policy and the General Terms and Conditions of Use) of products on our website aptyca.com (hereinafter, also the “Site”). Please read these Terms of Sale carefully before ordering any products on the Site. You should understand that by ordering any of our products, you agree to be bound by these Terms of Sale. The products purchased on the Site are sold directly by Aptyca S.r.l. (hereinafter, “Aptyca” or the “Seller” or “We”), with registered office in Meda, viale Brianza 125, VAT and Tax Code 13165020960, Company Registry Number 2706410, fully subscribed share capital equal to Euro 10,000.
Inquiries should be sent through our Customer Service Department. If you need Assistance, we invite you to visit the Customer Service area, where you can find information about orders, shipments, handling of complaints, refunds and returns of products purchased on the Site, as well as other general information about the services provided by Us on the Site. For any other legal information, you can visit the sections: General Terms and Conditions of Use, Privacy and Cookie Policy, and Returns Policy. Additional terms and conditions may apply from time to time to individual services offered by Aptyca on the Site. Such terms will be published in conjunction with the presentation of the specific service on the Site.
1. OUR BUSINESS POLICY
1.1 The Seller offers products for sale on aptyca.com and its commercial e-commerce services are available exclusively to consumers. For the purposes of these Terms of Sale, “Consumer” means any individual acting for purposes unrelated to his or her trade, business or profession. Customers should not purchase products on the Site if they are not Consumers.
1.2 Seller reserves the right not to fulfill orders received from users who are not, or who Aptyca has reason to believe are not Consumers, as well as any other orders that do not comply with these Terms of Sale.
1.3 These Terms of Sale (together with the documents referred to herein) govern the offer, transmission and acceptance of purchase orders relating to products sold on the Site and together with the purchase order accepted by Seller constitute the purchase contract between the Consumer and Seller.
1.4 These Terms of Sale do not govern the provision of services or sale of products by third parties that the customer may access on the Site through links, banners or other hyperlinks. Before placing orders with, and purchasing products and services from, such third parties, we recommend that the customer check the terms and conditions of such third party, as Seller shall not under any circumstances be held liable for the provision of services and/or products by third parties or for the performance of transactions between users of the Site and other third parties.
2. HOW TO ENTER INTO A CONTRACT WITH SELLER
2.1 The presentation of products on the Site constitutes an invitation to make an offer to purchase them. To place an order for the purchase of one or more products on the Site, the customer must be of legal age, select the products on the Site, select size and color, add the item to the shopping cart, and fill out the online order form, entering all the required information (personal data, shipping address, and payment details). To complete the check-out process and submit the order, the customer must confirm their purchase at the end of the check-out page.
2.2 Before submitting the order, please re-read it carefully and correct any mistakes. The customer will not be able to change the order once it has been submitted. On the check-out page, the customer will find a summary of the main features of each product ordered and the corresponding unit price (including all applicable fees or taxes), the payment methods he or she can use to purchase the products, the shipping terms for the products ordered, the shipping and delivery costs, and the terms and conditions for returning the products ordered. Please read our Returns Policy for more information on how to return a product by exercising your right of withdrawal.
2.3 Before submitting an order form for the purchase of products, the customer must also carefully read and agree to these Terms of Sale. It will not be possible to proceed with the order without first accepting the Terms of Sale. These Terms of Sale can be printed by selecting the print option and saved for personal use. Aptyca always encourages you to keep a copy of these Terms of Sale in case of future use.
2.4 An order will be considered submitted when the Vendor receives the order form in electronic format and the information in the order has been verified as correct.
2.5 The order form will be stored in our database for the period of time necessary to process the order and, in any case, within the terms of the law. Customers will be able to access their order form by clicking on the section entitled Follow Your Order, within the Customer Service area of the Site.
2.6 Italian and English are the languages used to conclude contracts with Seller.
2.7 We will make all reasonable efforts to ensure that prices and other product information shown on the Site are accurate and up-to-date. However, the inclusion of any product on the Site does not imply, assure, or guarantee that it will be available at the time the customer wishes to place an order to purchase it. Consequently, in the event that products are not available at the time the order is placed on the Site, the Seller may not be able to process the customer's purchase orders. In addition, orders will not be considered as sent and will not be processed if there is insufficient assurance of solvency or if the orders are incomplete or incorrect.
In all of the aforementioned cases, we will inform the customer by e-mail that the contract has not been concluded and that the Seller has not acted on his purchase order specifying the reasons for this. If the products on the Site are no longer available at the time the order is received by the Seller, the Seller will inform the customer of the unavailability of the products ordered promptly and in any event within fourteen (14) days after the Seller has received the order. If the order has been submitted and the items that are no longer available have already been charged for (e.g., this could occur in cases where a payment method operated by a third party vendor is used), Seller will refund the amount paid for such items without undue delay.
2.8 By placing an order with the Seller, the customer unconditionally accepts and agrees to abide by the provisions of these Terms of Sale. If the customer disagrees with certain provisions herein, the customer is requested not to submit any order for the purchase of products on the Site.
2.9 Once the Customer’s order has been received and processed by the Seller, the Customer will receive an email confirmation of the receipt of the purchase order. This email will contain a summary of the order details (Terms of Sale, main product features, detailed pricing information, payment terms, return policy, and shipping costs). Depending on the payment method selected by the Customer, the charge may occur either at the time the order is placed or when the order is shipped. Please note that the order confirmation email and any charge made before the shipping confirmation do not constitute acceptance of the order by the Seller.
The Customer’s order shall be considered accepted (and the sales contract finalized) only at the time the ordered products are shipped. It is understood that, should the Seller cancel an order prior to acceptance, for which payment has already been made (for instance, in cases where a third-party payment provider is used), the corresponding amount will be automatically refunded at the time of order cancellation. By accepting these Terms of Sale, the Customer acknowledges and agrees that the Seller reserves the right to accept and/or reject the order at its sole discretion, in whole or in part; consequently, in case of partial acceptance, the corresponding partial amount will be charged to the card, and only the products relating to the accepted portion of the order will be delivered.
3. PRODUCT DESCRIPTION, PRICES, AND WARRANTY
3.1 Only products branded “Aptyca” are offered for sale on the Website. Aptyca products are sold exclusively by the Seller on the Website, and in no case may products offered by third parties or private individuals be purchased on the Website.
3.2 The Seller does not sell used products, irregular items, or items of quality below the standard market levels. In the case of defects in compliance, the Customer may invoke the legal warranty as per Article 8 of these Terms of Sale.
3.3 The main characteristics of the products are indicated on the Website on each product’s description page. The graphic representation of the products displayed on the Website may differ from reality; therefore, the Customer must rely solely on the product description and the features listed on the Website.
3.4 Product prices are indicated on our Website and are inclusive of VAT. The Seller reserves the right to modify prices at its discretion and without notice. In the case of price reductions, such reductions will be indicated on the site alongside the original price of the product, in compliance with the procedures established by the EU Directive 2019/2161 and its subsequent amendments. Please carefully check the final sale price before submitting the order.
3.5 All products sold on the Website are accompanied by an identification tag. The Customer must not remove or alter the tag of purchased products if they wish to return them.
3.6 As a Consumer (as defined in Article 1.1 above), the Customer has rights to various legal warranties, including the warranty that the products provided conform to the characteristics described on the Website and in the contract established with Us.
3.7 All products sold by the Seller are covered by a warranty for defects in compliance, as prescribed by the applicable laws based on the Customer’s country of residence. The duration and requirements of the warranty may vary by country, but the warranty duration will not be less than 24 months from the date of product receipt. We recommend that the Customer check their rights before placing an order. In the event of a compliance defect, the Customer must inform the Seller of its existence no later than 26 months from the date of receipt of the goods.
In the event of a compliance defect, the Customer will have the right to repair (if possible) or replacement of the product. If neither remedy is feasible (for example, because the ordered product is no longer available), the Customer will be entitled to request an appropriate reduction in price or to terminate the contract and obtain a full refund of the purchase price, along with shipping and delivery costs, including the costs of returning the products to the Seller as provided in these Terms of Sale. However, the Customer will not be entitled to terminate the contract if the defect is of minor importance.
The above compliance warranty also applies to products sold on the Website that incorporate or are associated in any way with a digital element.
For more information on how to activate the return policy for a defective product, please refer to Article 8 below. Alternatively, it is always possible to contact our Customer Service for information.
4. PAYMENTS
4.1 Payment of the product prices and the associated shipping and delivery costs must be made using one of the payment methods indicated on the order page.
4.2 In the case of payment by Credit/Debit Card, all details (such as card number or expiration date) will be transmitted via encrypted protocol to the remote electronic payment provider, ensuring that third parties do not have access to them in any way. This information will be used by the Seller solely to complete the purchase process or to issue refunds in case of returns, in compliance with the Customer’s right of return, or to report cases of fraud to the police. Depending on the chosen payment method, the price for the product purchase and the corresponding shipping and delivery costs, as indicated on the order form, will be charged to the selected payment method/account of the Customer either at the time of shipment of the purchased products or upon the order submission (for example, this may occur when a third-party payment provider is used).
5. PRODUCT SHIPPING AND DELIVERY
5.1 The Customer may choose to have the products delivered to the address indicated on the order form within the selected purchase country among those listed in the “Choose your country” list.
5.2 For more detailed information on product shipping and delivery methods, costs, and times, please refer to the Customer Service area on the Website. Please carefully read the information provided in that section of the Website. The information contained therein is an integral part of these Terms of Sale and will therefore be considered as read and fully accepted by the Customer upon submitting the order.
6. CONTACT – CUSTOMER SERVICE
For any information regarding products or your order, you may contact our Customer Service by accessing the Customer Service area on the Website.
7. RIGHT OF WITHDRAWAL
7.1 As a Consumer, the Customer has the right to withdraw from their contract with the Seller in relation to products purchased on the Website, without incurring any penalties and without providing any reason, by informing the Seller in writing, following the procedure described in Article 7.3 below.
To exercise the right of withdrawal from the contract, the Customer must inform us in writing within thirty (30) calendar days from the day of receipt of the products (in case of multiple goods purchased and shipped separately, the 30 days will begin from the receipt of the last shipment). In such cases, the Customer will receive a full refund of the product price, including any applicable standard shipping costs (however, excluding additional charges for express delivery options, gift wrapping, and other extra charges associated with the delivery options chosen by the Customer) in accordance with the provisions of this Article 7 and Article 8 below.
7.2 Should the Customer decide to withdraw from their contract, they must return the products to the Seller within 14 calendar days from the date of notifying the Seller of their intention to withdraw from the purchase contract. Products must be returned in the same condition as received. Returns are free if the Customer uses the return service (refer to Articles 7.3 and 7.5 below). The Customer must take reasonable care of the products while in their possession. If the Customer fails to comply with this obligation, we may take action to obtain compensation for damages due to the decrease in the value of the goods.
Upon receipt of the products, we will verify that all conditions in Article 7.3 below have been met and inform the Customer by email regarding the acceptance of the return.
7.3 To return products:
7.4 If the Customer withdraws from the contract within the thirty (30) calendar days from the date of receipt of the products purchased on the Website, as per the provisions of Article 7, we will proceed with the due refund as soon as possible and, in any case, within:
Aptyca will refund the full product price (except in cases specified under clause 7.1(b) where sales taxes may not apply), including standard delivery costs if paid (excluding additional costs for express delivery options, gift packaging, and other additional costs selected by the Customer at the time of purchase). The Customer will not be responsible for the return shipping costs if they use our free return service. The Customer will be held liable for any decrease in the value of the returned products, resulting from handling them differently than necessary to ascertain the characteristics, functions, or nature of the products themselves. Aptyca reserves the right to take legal action against the consumer to determine the amount of this reduction, which may be deducted from the refund of the amount due to us.
7.5 The Customer may return products to the Seller through:
1. The approved courier using the personalized return label downloadable from our website; or
2. Packaging the products securely and shipping them, at their own risk and expense, to the Seller using the return number provided after completing the Online Return Form. For the Customer’s protection, we recommend using a courier if returning the products in a way other than the prepaid mechanism and approved courier as detailed in clause 7.5(1).
Please note that returned products under the right of withdrawal must be shipped from the same country where they were delivered.
7.6 The right of withdrawal as described in Article 7 does not apply:
7.7 The Customer also has the option to exchange purchased products (excluding customized items) for other products instead of receiving a refund for the corresponding amount.
8. RETURN OF DAMAGED, DEFECTIVE, OR NON-COMPLIANT PRODUCTS (“DEFECT OF CONFORMITY”)
8.1 In the event of a Defect of Conformity, the Customer is entitled to obtain the complete restoration of the product’s compliance by, at their discretion, repair or replacement, without any cost to them. If these remedies are objectively impossible or excessively burdensome, the Customer may terminate the contract.
If the Customer returns a product due to a Defect of Conformity and requests a refund, we will refund the product’s price and any delivery charges paid at the time of purchase. The return of the product is free if the Customer uses the pre-paid return label provided by contacting Customer Service. If the Customer chooses to use their own delivery method instead of the pre-paid return label, they assume all responsibility for the costs and risk of loss or damage to the returned product.
8.2 The Customer must inform the Seller of the Defect of Conformity within 26 months of product delivery (see Article 3.7 above).
If the Defect of Conformity occurs within 30 days of receiving the product, the Customer may return the product following the procedures described in Article 7.3. In all other cases, the Customer is invited to contact Customer Service for further information on how to return the product and follow the procedure described in Article 8.3 below. The Customer must take reasonable care of the products while in their possession, even if they present a Defect of Conformity, to allow Aptyca to carry out the necessary checks.
8.3 To return products with a Defect of Conformity:
ALWAYS INCLUDE THE DELIVERY RECEIPT AND/OR THE PURCHASE RECEIPT INSIDE THE RETURN PACKAGE.
8.4 The Seller will examine all returned products reported as damaged or defective and inform the Customer of the acceptance of their return request via email as soon as practicable within a reasonable time frame. If the Customer requests a refund (or if repair or replacement of the product is not possible), we will proceed with the due refund as soon as possible and, in any case, within fourteen (14) days from the email confirmation that the return was accepted by the Seller. The Seller will refund the total price of the product, including the delivery cost paid to send the item to the Customer and the cost incurred by the Customer to return the item to the Seller, provided they used the Seller’s prepaid service. Should the Seller find no issues with the returned products, or if the Seller has reason to believe that the products were damaged due to misuse, the Customer will be informed that the return cannot be accepted, and they may choose to have the products returned. No refund will be issued in such cases. If the Customer does not accept the return, the Seller reserves the right to retain the products and the purchase price and to recover the Seller’s costs and charges from the Customer unless the product is returned, in compliance with the requirements in Article 7.3, within 30 days of the Customer’s receipt of the product.
8.5 Refunds for returns due to Defects of Conformity, unless otherwise agreed with the Seller, will be made on the same payment method used for the purchase. Similarly, if the recipient of the products indicated on the order form is different from the person who made the payment for such products, the amount paid for the returns will be refunded by the Seller to the person who made the payment.
8.6 The Seller will refund the product price according to the applicable timeframes specified in Sections 7 or 8. To the extent permitted by applicable law, the Seller will not be responsible for any delay beyond its control, including delays caused by the purchase or refund method, such as but not limited to:
9. PERSONAL DATA
9.1 The Customer will find information on personal data processing by consulting our privacy policy.
9.2 We also ask that, if not yet done, you read our Terms of Use, as they contain important information about how we process our users’ personal data and the security systems we have adopted.
9.3 For further information regarding our cookie policy and privacy policy, the Customer may contact our Customer Service or send their requests to privacy@aptyca.com.
10. OUR LIABILITY
10.1 Nothing in these Terms of Sale will exclude or limit our liability to the Customer in the event of fraud, death, or personal injury caused by our negligence or lack of skill under any Consumer protection law or any other liability that applicable laws declare as non-excludable or non-limitable.
10.2 Without prejudice to the above, we will not be liable to the Customer for any loss of profit, income, business, earnings, or goodwill; loss, damage, or alteration of data; or any loss or damage that is not a consequence of our breach of contract with the Customer or our violation of the legal duty of care on our part.
11. APPLICABLE LAW AND DISPUTES
These Terms of Sale are governed by Italian law. As a Consumer, the Customer will benefit in any case from all additional rights recognized by the law of the country where they reside. Exclusive jurisdiction for any dispute arising in connection with this purchase contract will be the competent court at the Customer’s habitual place of residence or domicile.
Mandatory Information for Consumers on Dispute Resolution
Consumer information under Regulation (EU) No. 524/2013: The Customer is informed that, in order to resolve consumer disputes out of court, the European Commission has established an online dispute resolution platform (ODR). The ODR platform is accessible at http://ec.europa.eu/consumers/odr/.
Information for Consumers under the Consumer Dispute Resolution Law: The Customer acknowledges in any case that the Seller has no obligation to participate in dispute resolution proceedings before a consumer arbitration board.
12. AMENDMENTS AND UPDATES
12.1 These Terms of Sale may be amended from time to time and without notice, including as a result of new laws and regulations or for other reasons, at our sole discretion. The new Terms of Sale will be effective from the date of publication on the Website. By continuing to browse and purchase on the Website, the Customer agrees to be bound by such new terms. It is understood that the new terms will not apply to orders already submitted by the Customer.