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. – Lot 29 – A.S.I. area of Aversa Nord – 81032 Carinaro (CE), registered with the Caserta Chamber of Commerce at no. 256457 of the Companies Register, VAT number 03601890613, certified email address commerciale@clara-intimo.it, hereinafter referred to as «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 on the site the meeting between supply and demand of the products indicated in point c) of the art. 1 and it is possible to conclude sales contracts online;
• that, with the expression “General Conditions of Sale”, we mean the purchase and sale contract relating to the Seller’s goods stipulated between the latter and the Buyer as part of a distance selling system organized by the Seller;
• that, for this contract, remote communication technology will be used via the Internet;
• that the purchase on the site by buyers is 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 carried out;
• that this contract – and the conditions provided for – concern exclusively the B2C sale to a Buyer/Consumer, as specified in the previous line;
• that all contracts will be concluded directly through access by the Buyer to the Internet site corresponding to the address www.clara-intimo.it, following the procedures indicated to access the reserved area of the site itself dedicated to online negotiation ;
• that the trademark and logo relating to the Site are the exclusive property of the Seller;
• that in the drafting of these General Conditions of Sale, terms commonly used in the field of information technologies have been used and that, in the event of any divergences on their interpretation or meaning, what is contained in the main publications of the company will be taken into account specialized literature on the subject;
• that these premises constitute an integral and substantial part of the contract;
the following is agreed

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 organized by the Seller, which uses the remote communication technology called internet;
b) the expression “Seller” refers to the company Clara Srl, Consorzio Impre.Co. – Lot 29 – A.S.I. area of 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 movable goods and/or services present in the electronic catalogs of the Site;
d) the expression “Buyer” refers to the final consumer – customer who is authorized 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 that are not directly or indirectly related to any professional activity carried out;
f) the expression “Parties” refers to the Seller and the Buyer jointly;
g) the expression “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 sales 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 conservation pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and via an electronic network, via the website belonging to the Seller, with registered office in Carinaro (CE) at the “IMPRECO” Consortium Lot 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 cart, following the online purchase 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 Site.
2.5 The Seller undertakes to supply all the products subsequently indicated upon payment of a fee referred to in the 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 day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will communicate it via the pages of the Website and such updates/modifications and/or integrations 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 the ID and Password with access to a reserved area via secure protocol (https) and, therefore, by completing the indicated purchase procedure.
3.3 These general conditions of sale must be examined “online” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.
3.4 The Buyer, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepted all the indications provided by him pursuant to the regulations referred to above, also acknowledging that the Seller does not consider himself bound to different conditions unless previously agreed in writing.
3.5 Acceptance of the conditions of sale must be expressed by correctly filling in all the sections of the electronic form, following the instructions on the screen and, finally, by selecting and then accepting the boxes with the words ACCEPTANCE OF CONDITIONS OF SALE and INFORMATION PRIVACY.
3.6 These general conditions of sale will be available for consultation at any time by the Buyer also through the link contained in the email accepting each order to allow them to be reproduced and stored.

Art. 4. Sales prices

4.1 All sales prices on the Site – within the limits of their availability – are expressed in euros and do not constitute a public offer for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order.
4.2 The sales prices, referred to in the previous point, include VAT and all other taxes, as well as the total cost of shipping to the address indicated by the Buyer at the time of the order, excluding any customs charges. The Seller is not aware of the amount of customs duties and will be communicated by the courier once the shipment has reached its destination. The payment of customs duties is the responsibility of the Buyer and their amount is calculated by the law in force in the country of destination of the shipment. In the event that the customs duties are not paid and, for this reason, the shipment is refused or abandoned, the shipping costs and the customs duties themselves will be withheld from the total amount of the order and the Buyer will only be refunded the difference. .
4.3 The price of the product indicated on the Site has definitive value, except in the case in which – in exceptional situations – the Seller considers it appropriate to subject the price to revision. Exceptional conditions are considered, by way of example and not exhaustively, the sudden and not agreed change in price of the product by your supplier, the sudden change in currency exchange rates and in any case 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 accordance with correctness and good faith, taking into consideration the documentation produced and certifying the exceptional situations that led to such revision.

Art. 5. Purchase and reimbursement methods

5.1 Any payment by the Buyer can only be made by means of one of the methods indicated on the specific Seller’s Site.
5.2 Any refund to the Buyer will be credited in a timely manner using the same payment method used at the time of the purchase order and, in case of exercise of the right of withdrawal, as regulated by the art. 12 of this contract, at most within 30 days. from the date on which the Seller became aware of the withdrawal or from the moment in which he regained possession of the goods.
5.3 Receipt of the purchase order does not bind the Seller until the Seller has expressly accepted the order via email. It is specified 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 understood as formal acceptance of the same. The Seller, with a subsequent email, after verifying the availability of the chosen product, will formally confirm and accept the order received.
5.4 The Buyer expressly gives the Seller the right to accept the order placed even partially (for example in the event that all the products ordered are not available). In this case the contract will be considered finalized in relation to the goods actually sold.
5.5 The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity carried out.

Art. 6. Conclusion of the contract

6.1 The Contract stipulated through the Site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the purchase order, with a communication following the automatic and summary e-mail of the order referred to to the art. 5.3, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with its fulfillment. The Contract is concluded in 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 canceling 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 Buyer, in the manner provided for in the previous articles.
The delivery of the items takes place via postal service or courier, throughout the national territory, and it is possible to choose between standard shipping and express shipping.
Fixed contribution to shipping costs:
€5.00 for standard shipping – not before 7 days
€10.00 for express shipping – not before 5 days
Shipping times are calculated from receipt of payment
For purchases exceeding €400.00, shipping costs are free.
7.2 In the event that the Buyer is absent, he or she may, upon requesting the tracking number from the Seller, contact the courier or shipper in order to agree on the delivery methods.
7.3 No responsibility can be attributed to the Seller for delayed or failed delivery attributable to causes of force majeure or unforeseeable circumstances.
7.4 The Seller will do everything possible to deliver orders as quickly as possible. Despite the aim to deliver within the indicated range, delivery may take longer due to unforeseen circumstances.
7.5 Upon receipt, the Buyer is required to verify the conformity of the product delivered to him with the order placed; only after this verification will it be necessary to proceed with the signing of the delivery documents, obviously without prejudice to the right of withdrawal provided for in the art. 12 of these conditions. The right of withdrawal is excluded where the goods sold are made “to measure” for the Buyer.

Art. 8. Limitations of liability

8.1 The Seller assumes no responsibility for disservices attributable to force majeure, in the event that he is unable, in whole or in part, to execute the purchase order within the times established by the contract.
8.2 The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its suppliers.
8.3 The Seller will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges supported.
8.4 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
8.5 Under no circumstances may the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Seller.

Art. 9. Obligations of the Buyer

9.1 The Buyer undertakes to pay the price of the goods purchased within the times and in the manner indicated on the specific Seller’s Site.
9.2 The Buyer undertakes and undertakes, once the purchase procedure has been concluded, to print and keep these general conditions which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specific of the product being purchased, and this in order to fully satisfy the condition set out in Legislative Decree no. 6 September 2005. 206.
9.3 The Buyer is strictly prohibited from entering false, and/or invented, and/or imaginary data in the registration procedure through the appropriate electronic form; the personal data and the e-mail must be exclusively your real personal data and not of third parties, or fictitious. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.4 It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
9.5 The Buyer indemnifies the Seller from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for the correct insertion.

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 responsible for damage 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 domicile of the manufacturer or of the person who supplied him with 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 for viewing the product, if it still exists.
10.3 The Seller cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which 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 product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 In any case, the injured party will have to 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 something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7 Damage to things referred to in art. 123 of the Consumer Code will, however, 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 occurs within two years of delivery of the goods.
11.2 For the purposes of this contract, it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) present the usual quality and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller also accepted for conclusive facts.
11.3 In any case, unless proven otherwise, it is presumed that the defects of conformity which appear 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 compliance.
11.4 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Legislative Decree. n. 206/2005 (Consumer Code).
11.5 The request must be sent in writing to the Seller, by registered letter with return receipt to the address Clara Srl, Consorzio Impre.Co. – Lot 29 – A.S.I. area of Aversa Nord – 81032 Carinaro (CE), or by e-mail to the address commerciale@clara-intimo.it, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, where the Seller has accepted the Buyer’s request, he must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods.
11.6 If repair and replacement are impossible or excessively burdensome, or the Seller has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the The Buyer may request, at his/her choice, an appropriate reduction in the price or termination of the contract. In this case, the Buyer must send his request to the Seller, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.7 In the same communication, where the Seller has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for crediting the sums previously paid to the Seller.

Art. 12. Right of withdrawal

12.1 The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good. To this end, the Buyer can view the information relating to the right of withdrawal here.

Art. 13. Causes for termination

13.1 The obligations referred to in the art. 9.1, assumed by the Buyer, as well as the guarantee of successful completion of the payment that the Buyer makes with the means referred to in the art. 5.1, and also the exact fulfillment of the obligations assumed by the Seller in art. 7, have an essential character, so that by express agreement, the failure to fulfill just one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
13.2 Pursuant to art. 1456 of the Civil Code, the party who intends to avail of the resolution will notify the other party by sending a registered letter with return receipt to the address Clara Srl, Consorzio Impre.Co. – Lot 29 – A.S.I. area of Aversa Nord – 81032 Carinaro (CE), or by e-mail to the following address commerciale@clara-intimo.it, indicating the reason; the effects of the termination begin from the date of receipt of the notice of termination and the Buyer will only have the right to a refund of any sum already paid.

Art. 14. Method 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 communication or complaint must be sent by registered mail to Clara Srl, Consorzio Impre.Co. – Lot 29 – A.S.I. area of Aversa Nord – 81032 Carinaro (CE), or by e-mail to the following address commerciale@clara-intimo.it. The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes 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, Conv. 19 June 1980, n. 80/934/EEC (Rome Convention), on the law applicable to contractual obligations; these general conditions refer, although not expressly provided therein, to the Legislative Decree. n. 206/2005 (Consumer Code).
16.2 In the event of disputes arising from this contract or connected to it, the parties undertake to seek a fair and amicable settlement between them.
16.3 If the dispute has not been resolved amicably and the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, 2nd paragraph, letter u) of the Legislative Decree. n. 206/2005.
The consumer established in Europe can use the platform made available by the European Commission for the resolution of any dispute arising from the online contract stipulated 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 here, the laws applicable to the relationships and cases envisaged in this contract and, in any case, the rules of the Civil Code and Legislative Decree apply. n. 206/2005 (Consumer Code).

Art. 18. Final clause

18.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the parties and concerning the object of this contract.

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Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Buyer declares to have carefully read the contract and to expressly approve the following clauses:
Art. 4 (Sales prices); Art. 5 (Purchase and reimbursement methods); Art. 6 (Conclusion of the contract); Art. 7 (Delivery times and methods); Art. 8 (Limitations of liability); Art. 9 (Buyer’s Obligations); Art. 11 (Guarantees and assistance methods); Art. 13 (Termination of the contract); Art. 16 (Jurisdiction and competent court); Art. 17 (Applicable law and referral).