terms and conditions

Seller Identification

The goods covered by these general conditions are offered for sale by the company Clara srl ​​with registered office at Consorzio Impre.Co. – Lotto 29 – Zona ASI di Aversa Nord – 81032 Carinaro (CE), registered with the Chamber of Commerce of Caserta at no. 256457 of the Company Register, VAT number 03601890613, certified email address commerciale@clara-intimo.it, hereinafter referred to as the "Seller",
Given:
• that the Seller manages the website www.clara-intimo.it (hereinafter referred to as the “Site”);
• that the site is intended for commercial transactions between entrepreneurs and consumers (B2C);
• that the site brings together supply and demand for the products indicated in point c) of Article 1 and that it is possible to conclude online sales contracts;
• that, with the expression “General Conditions of Sale”, we mean the sales contract relating to the Seller's goods stipulated between the latter and the Buyer within the framework of a distance selling system organised by the Seller;
• that, for this contract, remote communication technology via the Internet will be used;
• that purchases on the site by buyers are governed by these General Conditions of Sale;
• that the Buyer has the status of consumer, meaning the natural person who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity he may carry out;
• that this contract – and the conditions set out therein – concern exclusively B2C sales to a Buyer/Consumer, as specified in the previous line;
• that all contracts will be concluded directly through the Buyer accessing the website corresponding to the address www.clara-intimo.it, following the procedures indicated to access the reserved area of ​​the website itself dedicated to online negotiation;
• that the brand and logo relating to the Site are the exclusive property of the Seller;
• that in drafting these General Conditions of Sale, terms commonly used in the field of information technology have been used and that, in the event of any discrepancies in their interpretation or meaning, the contents of the main publications of specialized literature on the subject will be taken into account;
• that these premises constitute an integral and substantial part of the contract;
the following is agreed upon

Art. 1. Definitions

In these General Conditions of Sale, the following terms have the meaning specified below:
a) “online sales contract” means the distance contract stipulated between a Seller and a final consumer Buyer, through a sales system organised by the Seller, which uses the remote communication technology called the internet;
b) the term “Seller” refers to the company Clara Srl, Consorzio Impre.Co. – Lotto 29 – Zona ASI di Aversa Nord – 81032 Carinaro (CE), party to this contract, which manages the Site, selling the products indicated in the following point directly to users (Buyers);
c) the expression “Products” refers exclusively to the movable goods and/or services present in the electronic catalogues of the Site;
d) the term “Purchaser” refers to the final consumer – customer who is authorised to operate on the Site in order to purchase the products, according to the methods indicated in these General Conditions of Sale;
e) “Consumer” means the natural person who purchases goods and services for purposes not directly or indirectly related to any professional activity he may carry out;
f) the expression “Parties” refers to the Seller and the Buyer taken together;
g) the term “Site” refers to the website corresponding to the address www.clara-intimo.it through which it is possible to make online purchases;
h) the term “Consideration” refers to the selling price of each product;

Art. 2. Object of the contract

2.1 These General Conditions of Sale, which are made available to the Buyer for reproduction and storage pursuant to art. 12 of Legislative Decree no. 70 of 9 April 2003, concern the purchase of products, made remotely and via electronic means, through the website belonging to the Seller, with registered office in Carinaro (CE) at Consorzio “IMPRECO” Lotto 29, tax code and VAT number 03601890613.
2.2 With this contract, respectively, the Seller sells and the Buyer purchases remotely the movable goods and/or services indicated below.
2.3 The goods and/or services covered by this contract are all the products chosen by the Buyer and placed in the virtual shopping cart, following the online purchasing procedures indicated on the site.
2.4 The products and/or services referred to in the previous point are illustrated on the web pages of the Seller's Website.
2.5 The Seller undertakes to supply all the products indicated below upon payment of a fee as per art. 4 of this contract.

Art. 3. Acceptance of the general conditions of sale

3.1 These general conditions of sale are valid from the date of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will provide notice of this via the pages of the Website and such updates/modifications and/or additions will be effective for future purchases.
3.2 All purchase orders will be forwarded by the Buyer to the Seller, after registering on the Site and entering an ID and Password with access to a reserved area via a secure protocol (https) and, therefore, by completing the indicated purchase procedure.
3.3 These general conditions of sale must be reviewed online by the Buyer before completing the purchase process. Submitting the purchase order confirmation therefore implies full knowledge of the terms and conditions and their full acceptance.
3.4 By electronically sending confirmation of the purchase order, the Buyer unconditionally accepts and undertakes to observe, in his/her relations with the Seller, the general and payment conditions illustrated below, declaring that he/she has read and accepted all the indications provided by the Seller pursuant to the aforementioned regulations, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.
3.5 Acceptance of the terms and conditions of sale must be expressed by accurately completing all sections of the electronic form, following the on-screen instructions and, finally, selecting and accepting the boxes labeled ACCEPTANCE OF TERMS AND CONDITIONS OF SALE and PRIVACY POLICY.
3.6 These general conditions of sale will be available to the Buyer at any time, including through the link contained in the acceptance email for each order, to allow them to be reproduced and stored.

Art. 4. Sales prices

4.1 All prices on the Site – subject to availability – are expressed in euros and do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation by email from the Seller, which constitutes acceptance of the purchase order.
4.2 The sales prices referred to in the previous paragraph include VAT and any other taxes, as well as the total cost of shipping to the address indicated by the Buyer when placing the order, excluding any customs duties. The Seller is not aware of the amount of customs duties, and the courier will notify the amount once the shipment has reached its destination. Payment of customs duties is the Buyer's responsibility, and their amount is calculated by the law in force in the country of destination. If customs duties are not paid and, for this reason, the shipment is refused or abandoned, the shipping costs and customs duties will be deducted from the total order amount, and the Buyer will be refunded only the difference.
4.3 The price of the product indicated on the Site is final, except in the case where – in exceptional circumstances – the Seller deems it appropriate to subject the price to revision. Exceptional circumstances include, but are not limited to, a sudden and unconventional change in the product price by the supplier, sudden changes in currency exchange rates, and sudden changes in shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to renegotiate the price through an exchange of emails in a fair and good faith manner, taking into consideration the documentation provided and certifying the exceptional circumstances that led to such revision.

Art. 5. Purchase and refund methods

5.1 All payments by the Buyer may only be made using one of the methods indicated on the Seller's Website.
5.2 Any refunds to the Buyer will be credited promptly using the same payment method used when placing the purchase order and, in the event of exercising the right of withdrawal, as governed by Article 12 of this contract, within 30 days from the date on which the Seller became aware of the withdrawal or from the moment in which it regains possession of the goods.
5.3 Receipt of a purchase order does not bind the Seller until the Buyer has expressly accepted the order via email. Please note that upon receipt of the order by the Buyer, the system will automatically send a confirmation email summarizing the order received, which should not be construed as formal acceptance. The Seller will formally confirm and accept the order with a subsequent email, after verifying the availability of the selected product.
5.4 The Buyer expressly grants the Seller the right to accept the order, even partially (for example, if not all the ordered products are available). In this case, the contract will be deemed finalized with respect to the goods actually sold.
5.5 The Buyer expressly declares that the purchase is being made for purposes other than any commercial or professional activity he or she may carry out.

Art. 6. Conclusion of the contract

6.1 The Contract stipulated through the Site is deemed concluded when the Buyer receives, via email, the formal confirmation of the purchase order, with a communication following the automatic email summarizing the order referred to in Article 5.3, through which the Seller accepts the order sent by the Buyer and informs the Buyer that it can proceed with its processing. The Contract is concluded at the place where the Seller's registered office is located.
6.2 Until the Buyer has received the confirmation email referred to in the previous point, he has the right to proceed with the cancellation of the order using the methods indicated on the Site.

Art. 7. Delivery times and methods

7.1 The Seller will deliver the selected and ordered products to the Buyer at the address indicated by the latter, using the methods set out in the previous articles.
Items are delivered via postal service or courier throughout Italy, and you can choose between standard and express shipping.
Fixed contribution to shipping costs:
€5.00 for standard shipping – no sooner than 7 days
€10.00 for express shipping – no earlier than 5 days
Shipping times are calculated from receipt of payment
Shipping is free for purchases over €400.00.
7.2 In the event that the Buyer is absent, the Buyer may, after requesting the tracking number from the Seller, contact the courier or shipping agent in order to agree on the delivery methods.
7.3 The Seller shall not be held liable for any delay or failure to deliver due to force majeure or unforeseeable circumstances.
7.4 The Seller will do everything possible to deliver orders as quickly as possible. While the Seller aims to deliver within the indicated timeframe, delivery may take longer due to unforeseen circumstances.
7.5 Upon receipt, the Buyer is required to verify that the product delivered conforms to the order placed; only after this verification must the delivery documents be signed, without prejudice to the right of withdrawal provided for in Article 12 of these Conditions. The right of withdrawal is excluded if the goods sold are "custom-made" for the Buyer.

Art. 8. Limitations of liability

8.1 The Seller assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable, in whole or in part, to execute the purchase order within the timeframes set out in the contract.
8.2 The Seller shall not be held liable to the Buyer, except in cases of wilful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet outside of its own control or that of its suppliers.
8.3 Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any additional costs incurred.
8.4 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks, or other means of payment when paying for the products purchased, provided that it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.
8.5 Under no circumstances may the Buyer be held liable for delays or errors in payment if he can demonstrate that he made the payment within the time and manner indicated by the Seller.

Art. 9. Obligations of the Buyer

9.1 The Buyer undertakes to pay the price of the purchased goods within the timeframes and in the manner indicated on the Seller's Website.
9.2 The Buyer undertakes and undertakes, once the purchase procedure has been completed, to print and keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Legislative Decree no. 206 of 6 September 2005.
9.3 The Buyer is strictly prohibited from entering false, invented, or fictitious information in the registration process using the dedicated electronic form. Personal details and email address must be exclusively the Buyer's own personal information and not those of third parties or fictitious data. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the information entered in the electronic registration form, which is used to complete the product purchase process.
9.4 It is expressly forbidden to make duplicate registrations for the same person or to enter third-party data. The Seller reserves the right to legally pursue any violation or abuse, in the interest and protection of all consumers.
9.5 The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for their correct entry.

Art. 10. Liability for defects, proof of damage and compensable damages: the Seller's obligations

10.1 Pursuant to Articles 114 et seq. of the Consumer Code, the Seller is liable for damages caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied the goods.
10.2 The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists.
10.3 The Seller shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4 No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6 The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of an item other than the defective product, provided that it is of a type normally intended for private use or consumption and is primarily used as such by the injured party.
10.7 Damage to property pursuant to Article 123 of the Consumer Code, however, will be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

Art. 11. Guarantees and assistance methods

11.1 The Seller is liable for any lack of conformity that becomes apparent within two years of delivery of the goods.
11.2 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the purpose for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods that the seller has held out to the consumer as a sample or model; c) they present the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer, or his agent or representative, particularly in advertising or on labelling; d) they are also fit for the particular use intended by the consumer and which was made known to the seller by the consumer at the time of conclusion of the contract and which the seller has accepted, including by implication.
11.3 In any case, unless proven otherwise, it is presumed that any defects of conformity which become apparent within one year of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.
11.4 In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of Legislative Decree no. 206/2005 (Consumer Code).
11.5 The request must be sent in writing to the Seller, via registered mail with return receipt to Clara Srl, Consorzio Impre.Co. – Lotto 29 – Zona ASI di Aversa Nord – 81032 Carinaro (CE), or by email to commerciale@clara-intimo.it. The Seller will indicate its willingness to process the request, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, if the Seller has accepted the Buyer's request, it must indicate the shipping or return methods for the goods as well as the expected deadline for returning or replacing the defective goods.
11.6 If repair or replacement are impossible or excessively costly, or the Seller has not repaired or replaced the goods within the timeframe indicated in the previous paragraph, or if the replacement or repair previously performed has caused significant inconvenience to the Buyer, the Buyer may request, at his or her discretion, an appropriate price reduction or termination of the contract. In this case, the Buyer must submit his or her request to the Seller, who will indicate his or her willingness to comply with the request, or the reasons preventing him or her from doing so, within seven working days of receipt.
11.7 In the same communication, if the Seller has accepted the Buyer's request, it must indicate the proposed price reduction or the method of returning the defective item. In such cases, it will be the Buyer's responsibility to indicate the method of re-crediting the sums previously paid to the Seller.

Art. 12. Right of withdrawal

12.1 The Buyer has the right to withdraw from the contract without penalty and without specifying the reason, within 14 (fourteen) working days from the date of receipt of the purchased goods. To this end, the Buyer may view the information regarding the right of withdrawal here.

Art. 13. Causes for termination

13.1 The obligations under Article 9.1, assumed by the Buyer, as well as the guarantee of successful payment that the Buyer makes using the methods referred to in Article 5.1, and also the exact fulfillment of the obligations assumed by the Seller under Article 7, are of an essential nature, so that by express agreement, the failure to fulfill even one of these obligations, unless caused by fortuitous event or force majeure, will result in the automatic termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial ruling.
13.2 Pursuant to art. 1456 of the Italian Civil Code, the party intending to terminate the contract shall notify the other party by sending a registered letter with return receipt to Clara Srl, Consorzio Impre.Co. – Lotto 29 – Zona ASI di Aversa Nord – 81032 Carinaro (CE), or by email to commerciale@clara-intimo.it, indicating the reason. Termination shall take effect from the date of receipt of the termination notice, and the Buyer shall be entitled exclusively to a refund of any sums already paid.

Art. 14. Methods of archiving the contract

14.1 Pursuant to art. 12 of Legislative Decree no. 70/2003, the Seller informs the Buyer that each purchase order sent is archived in digital form according to confidentiality and security criteria.

Art. 15. Communications and complaints

15.1 Any communications or complaints must be sent by registered mail with return receipt to Clara Srl, Consorzio Impre.Co. – Lotto 29 – Zona ASI di Aversa Nord – 81032 Carinaro (CE), or by email to commerciale@clara-intimo.it. The Buyer must indicate in the registration form their residence or domicile, telephone number, or email address to which they wish communications from the Seller to be sent.

Art. 16. Jurisdiction and competent court

16.1 Any dispute relating to the application, execution, interpretation, and violation of purchase contracts stipulated online through the Seller's website is subject to Italian jurisdiction, also in accordance with the provisions of art. 3 of Convention no. 80/934/EEC of 19 June 1980 (Rome Convention) on the law applicable to contractual obligations; these general conditions refer, except where expressly provided for therein, to Legislative Decree no. 206/2005 (Consumer Code).
16.2 In the event of disputes arising from or connected to this contract, the parties undertake to seek a fair and amicable settlement between themselves.
16.3 If the dispute is not resolved amicably and the Parties intend to appeal to the ordinary judicial authorities, the competent court is that of the place of residence or elected domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005.
Consumers established in Europe can use the platform provided by the European Commission to resolve any disputes arising from online contracts concluded on the site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

Art. 17. Applicable law and referral.

17.1 This contract is governed by Italian law.
17.2 For anything not expressly provided for herein, the provisions of law applicable to the relationships and situations envisaged in this contract shall apply, and in any case, the provisions of the Civil Code and Legislative Decree no. 206/2005 (Consumer Code).

Art. 18. Final clause

18.1 This Agreement supersedes and replaces any prior agreement, understanding, or negotiation, whether written or oral, between the parties relating to the subject matter of this Agreement.

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Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Buyer declares to have carefully read the contract and to expressly approve the following clauses:
Article 4 (Prices); Article 5 (Purchase and Refund Procedures); Article 6 (Conclusion of the Contract); Article 7 (Delivery Times and Methods); Article 8 (Limitations of Liability); Article 9 (Buyer's Obligations); Article 11 (Guarantees and Assistance Procedures); Article 13 (Termination of the Contract); Article 16 (Jurisdiction and Competent Court); Article 17 (Applicable Law and Reference).