Terms and Conditions of Service
Dear Customer,
We inform you that the general terms and conditions of sale set forth below, in compliance with current consumer protection regulations, specify the terms and conditions for purchasing products you are interested in online from the website of EXITO SRL, registered office in Turin at Corso Re Umberto, 73, VAT number 13027310013 (hereinafter referred to as the Seller), safely, easily, and conveniently. We therefore invite you to read and accept them in order to proceed with your purchase.
- I. SUBJECT
These general conditions of sale govern the sale of products marketed by the Seller to consumer users and to users who do not act for purposes related to business activity.
These general conditions are effective from the date of acceptance by the customer on the site, which constitutes acceptance pursuant to art. 1341 of the Civil Code.
The company reserves the right to modify these general conditions of sale at any time by posting them on the website.
The company excludes any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance, even partial, of an order.
- II. PURCHASE METHODS
Products are purchased by accessing the site and registering. A description of each product containing its main features is available on the site. All information supporting purchases is intended as general information only.
It is understood that the image accompanying the product description may not be perfectly representative of its characteristics, but may differ in color, size, and accessory products shown in the figure.
Correct receipt of the order is confirmed by the Seller via an automatic email response, sent to the email address provided by the customer during registration. This does not imply acceptance of the Order, but merely confirmation of receipt of the purchase proposal contained therein and the initiation of the data and product availability verification process.
Exito reserves the right not to process Orders that do not provide sufficient guarantees of payment, are incomplete and/or incorrect, and/or have shipping addresses not taken care of by the courier, or in the event of unavailability of the Products for any reason.
If the order is accepted by Exito, the consumer will be notified by sending a confirmation message, which will include an "order number" to be used in any communication with the company. The message will contain all the information entered by the customer, who undertakes to verify its accuracy and communicate any corrections promptly.
Once the order confirmation email is received, it cannot be changed. The consumer can request cancellation of the order by emailing customercare@chocola.it or calling +39 0119913056. The order will only be cancelled if it has not yet been processed by the warehouse. If, following the cancellation request, the order is already processed, the consumer will no longer be able to cancel the order but may exercise the right of withdrawal from the contract pursuant to Article 5 of these GTC.
In the event that the Consumer, for any reason, does not receive the Shipping Confirmation from Exito within 3 working days of the transmission of the Order, the latter will be considered tacitly rejected and therefore void.
If an ordered Product is unavailable for any reason, the Seller will notify the Consumer via email to the address indicated in the Order, and will process the purchase offer, limited to the available Products. In the event of partial delivery, a second shipment of the initially missing item is not provided.
The maximum number of pieces that can be purchased for a single item (size/color variant) is 3 for each Order.
- III. PAYMENT METHODS
All prices on the site are intended to be retail prices and, therefore, include VAT.
Prices may vary without notice and the only correct price is the one indicated at the time of order confirmation.
For certain products subject to price promotions, the seller reserves the right to accept orders by reducing the quantity, subject to prior communication and acceptance by the customer, failing which the order will be considered cancelled.
The prices indicated on the Site for the Products include VAT as required by law and shipping and delivery costs throughout the national territory: the totals are indicated in detail during the payment procedure and are therefore considered accepted by the Consumer at the time of sending the Order.
Product prices may vary between the Site and stores.
It is possible to pay the price of the purchased Products using the following methods:
CREDIT CARD:
Payment by Visa, Mastercard, or Maestro credit card. Credit card payments are handled directly by Shopify Payments, which guarantees the security of online transactions. Therefore, Exito does not have access to the Customer's credit card information. For credit card payments, once the Order is received, the card will be charged at checkout.
Credit cards will be subject to verification and authorization by the card issuing institution. The Seller will not be responsible for any failed authorizations by the institution in question, and if the institution does not authorize the payment, the Seller will not be responsible for any delay or failure to deliver and will not be able to conclude any contract with the Consumer.
APPLE PAY PAYMENTS:
The order confirmation page will display a screen showing the credit/debit card associated with Apple Pay, the order amount (including taxes and fees), shipping costs, and contact information. The consumer can make any necessary adjustments (for example, contact information) and complete the payment using the credentials securely entered on their iPhone, iPad, or MacBook Pro with Touch ID. On other Macs, the purchase will be confirmed by holding the nearby iPhone or Apple Watch, previously configured and enabled for Apple Pay, in view.
PAYMENTS WITH PAYPAL:
If the Consumer chooses to pay via PayPal, Exito reserves the right to verify the validity of the PayPal account and ensure there are sufficient funds to pay for the purchase. If paying via PayPal, the amount due will be debited by PayPal to the user upon placing the Order. In the event of cancellation of the Order or in any other case of impossibility to fulfill the Contract, the refund amount due to the user will be credited in full to the user's PayPal account. Crediting times depend exclusively on PayPal and the banking system; therefore, the Company cannot be held responsible for any delays or omissions in crediting the Consumer, who must address any reminders and/or requests directly to PayPal.
SATISPAY
For payments made via Satispay, the amount due will be charged by Satispay to the user upon placing the Order. In the event of cancellation of the Order or in any other case where the Contract cannot be fulfilled, the refund amount will be credited directly to the customer's Satispay balance. Crediting times depend exclusively on Satispay and the banking system; therefore, the Seller cannot be held responsible for any delays or omissions in crediting the Consumer, who must address any reminders and/or requests directly to Satispay.
The goods will be shipped only after the order has been accepted and payment has been received.
If an order is cancelled, either by the customer or if the seller rejects the order, the order will be cancelled and the blocked amount will be released (release times depend exclusively on the banking system). Once the transaction is cancelled, the seller cannot be held liable for any damages resulting from the release of the blocked amount by the banking system.
The seller reserves the right to request additional documents from the customer proving ownership of the credit card. Failure to provide such documentation will result in the seller not accepting the order.
Transaction security is guaranteed by a data encryption system (SSL) and direct, protected, and certified connections.
- IV. DELIVERY METHODS
For each order placed, the seller issues a sales document for the shipped material. The invoice is issued based on the information provided by the customer at the time of ordering. The customer may request a copy of the invoice or receipt within three months of issuance.
The Seller undertakes to do everything in its power to deliver the Product(s) by the date indicated in the relevant Shipping Confirmation, it being understood that the shipping and delivery times indicated in the Shipping Confirmation are purely indicative and not binding and therefore the Seller assumes no responsibility in the event of delivery beyond the indicated terms.
If the delivery times of the ordered Product are delayed compared to the delivery times indicated in the relevant Shipping Confirmation, the Consumer may contact Customer Care by email at: customercare@chocola.it .
Please note that during national holidays, normal delivery times may be subject to delays for which Exito is not responsible.
The risks relating to the Products pass to the Consumer upon delivery of the Products to the Consumer himself or to a third party, other than the carrier, indicated by the Consumer.
Delivery costs are the responsibility of the customer and are indicated when placing the order.
The Seller cannot be held responsible for any delays in processing or delivering the order. Upon delivery, the customer is required to check:
– that the packaging is intact, not damaged, not wet, or in any way altered;
– that the number of packages corresponds to that indicated in the transport document.
Upon delivery of the Products, the Consumer must sign the delivery note and note any observations regarding problems encountered upon delivery, such as obvious damage or signs of tampering with the packaging.
If the Consumer has made notes on the delivery note accepting the shipment with specific reservations due to an obvious anomaly in the packaging (wet, punctured, torn, etc.), and/or upon opening the packaging, notices that the Products have been damaged during transport, or are different from those ordered, or that Products from the same order are missing, the Consumer must inform the Seller immediately and in any case within 5 days of delivery. After this period, complaints regarding transport-related issues will no longer be accepted.
If the items stored at the courier's warehouse are not collected within 5 working days due to repeated failure to deliver to the address indicated by the customer when placing the order, the order will be cancelled.
- V. INFORMATION ON THE RIGHT OF WITHDRAWAL (ART. 49, PARAGRAPH 1, LETTER H) CONSUMER CODE LEGISLATIVE DECREE 206/2005)
The Consumer has the right to withdraw from the purchase, without having to provide any reason and without penalty, within 14 calendar days from the day on which the Consumer, or a third party designated by the Consumer, other than the courier, receives the ordered Product. The date of receipt of the Order at the agreed-upon shipping address will be considered valid. To exercise the right of withdrawal, the Consumer must access their order and follow the return procedure found on the Website in the "RETURNS" section. In this case, the Seller will send a confirmation message confirming receipt of the withdrawal notice.
If a purchased Product is defective, the Consumer may notify Exito as provided for in the following article 6 of these GTC regarding the guarantee.
If the Consumer wishes to change the color or size of the purchased Product, he/she will have to return it and place a new order.
Once the right of withdrawal has been exercised, the Consumer must return the Products within 14 calendar days from the day on which the withdrawal was communicated on the Site. To this end, the Consumer will receive an email notification from the designated courier, confirming the collection of the package and the return shipment to Exito. Once the return is received at the warehouse, the refund will be issued using the same payment method used, with the amount credited according to the bank's processing times. The cost of the returned products will be refunded, with a €10 flat-rate return shipping fee retained.
Products belonging to the same Order that the Consumer intends to return must be sent to Exito in a single shipment; therefore, the Seller reserves the right not to accept Products belonging to the same Order that have been returned at different times.
If the Consumer fails to return the Products for which he has exercised the right of withdrawal within 14 calendar days from the day on which he sent the withdrawal notice, Exito is authorized to refuse the return and will not be able to refund the related cost and shipping costs.
To obtain a refund, the Products must be returned in the same condition as when received, with the original shipping packaging . The returned Products must be the same as those delivered by Exito and must not have been used (except for a normal test), washed, altered, or damaged. The identification tag, if present, must still be attached to the Products, as well as the various composition and care labels.
If the right of withdrawal is exercised within the legal deadline and under the conditions set forth in this article, and the integrity of the Products has been positively verified, Exito will send the Consumer an email confirming acceptance of the returned Products and will refund the price of the purchased Product but not the original shipping costs. If the returned Product is damaged upon arrival, Exito may retain an amount equal to its decrease in value.
If the withdrawal is due to the shipment of a Product other than the one ordered, the Consumer will be refunded the cost of the Product, the shipping costs incurred to receive it and any costs incurred to return the Product itself.
The refund will be made using the same payment method used for the purchase within 14 days of notification of withdrawal. However, the refund may be suspended until Exito receives the Products.
- VI. WARRANTY / DEFECTIVE PRODUCTS
The provisions of the Consumer Code (articles 128-135 septies) regarding the guarantee for defects and non-conformities of the products apply to purchases made on the Site by a Consumer. Therefore, the Products are covered by the legal guarantee in the event of non-conformity of the same if this occurs within a period of two (2) years from the date of delivery of the same and in line with the provisions of the current legislation.
The Consumer must inform the Seller of the non-conformity of the Product by email to: customercare@chocola.it, indicating the order number, the Product data as well as the defect detected and attaching any photographic documentation.
Exito will notify the Consumer by telephone or email within a reasonable timeframe whether it will refund the Consumer's purchase price, including the shipping costs incurred for shipping the item and for the Consumer's return, or replace the Product at Exito's expense (as applicable). The refund and/or replacement of the item will be processed as soon as possible and, in any case, within 14 days of Exito sending the Consumer an email confirming that it will refund or replace the defective item.
Once authorized by Exito, the Consumer must return the Product to the address indicated by Exito using the designated courier. The Company will carefully examine the returned Product. Returns of non-original Products and/or those that have been altered, damaged, or repaired by the Consumer or any other person not authorized by the Seller will not be accepted. The warranty also does not cover defects caused by negligence, impact, use, or improper handling.
Refunds will be made using the same payment method used to make the purchase. Except where otherwise provided by law or in these Terms and Conditions, Exito's liability for Products purchased on the Site will be limited exclusively to the purchase price of the Product in question, with the express exclusion of indirect damages (such as, but not limited to, loss of profits; wasted time, etc.).
If the Product received is not defective, but the Consumer only wishes to change the color or size, he/she may exercise the right of withdrawal pursuant to the previous article 5 of these GTC.
- VII. APPLICABLE LAW
The sales contract between the customer and the seller is deemed to have been concluded in Italy and is governed by Italian law. Unless otherwise stated, Italian law applies.
For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is a consumer, i.e., a natural person who purchases the goods for purposes not related to his or her professional activity, or does not indicate a VAT number in the order, the territorial jurisdiction is that of the relevant court of his or her municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the court of the Seller's registered office.
- VIII. INTELLECTUAL PROPERTY
All copyrights, trademarks and any other intellectual property rights in the materials or content presented as an integral part of the Site, including, but not limited to, photographs, images, text, logos, designs, trade names and data present on the Site, are the property of Exito and/or those who have granted licenses for their use to Exito.
The website "www.chocolashop.it" is a domain registered by Exito. Reproduction of the website, in whole or in part, including via hyperlinks, or any portion of the content or intellectual property of Exito or its legitimate owners, without their prior express written authorization, is expressly prohibited.
