Terms & Conditions

 

General terms and conditions of online sales

1. Preamble and effectiveness of the General Terms and Conditions

The seller of the products (the "Products" or the "Product") and owner of the website https://www.eleventymilano.it/en/ (the "Website") is the company Eleventy World S.r.l., with registered office in Via Santa Cecilia, 5, 20122 - Milan, tax code and VAT number 08848610963 (the "Seller").

Only Products bearing the Eleventy brand are offered for sale on the Website.

These general terms and conditions of sale (the "General Terms and Conditions") govern the remote purchase of Products by a consumer via the Website in accordance with Italian law.

The person accessing the Website to make purchases (the "Customer") is required, before proceeding with the latter, to carefully read and accept these General Terms and Conditions.

Purchases through the Website may only be made by consumer customers, as defined in Article 3 of the Consumer Code (Legislative Decree No. 206 of 6 September 2005), i.e. "natural persons acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out".

In order to purchase through the Website, the Customer must be at least eighteen years of age.

2. Selecting and ordering Products and Gift Card

2.1. Selecting and ordering Products

The characteristics of the Products (e.g. sizes, colour variations, description, composition, etc.) and the price of the Products are shown in the description of each Product. The graphic representation of the Products corresponds to the photographic image accompanying the relevant description. The image of the Products is for the sole purpose of presenting them for sale and may not be representative of their characteristics and quality; moreover, the colours of the Products may not correspond to the actual colours due to the internet browser and monitor used.

Each Customer may purchase the Products by registering on the Website or as a "guest". In any case, the Customer must complete and submit the order form in electronic format and make payment using one of the methods indicated in Article 4 below (the "Order").

After sending the Order, the Customer will receive an email from the Seller containing the Order number, the list of Products covered by the Order with their essential characteristics and the total price, including delivery costs. The sales contract is considered concluded upon sending this communication (the "Order Confirmation"); however, the Seller reserves the right to cancel all or part of the Order in relation to Products that are not available. In particular, once the Order Confirmation has been sent, the Seller will check the availability of the Products covered by the Order and: i) should they be available, it will proceed with the fulfilment of the Order; ii) should they be not available, the Order will be cancelled and the Customer will be informed of this by email; iii) should only some of the Products covered by the Order be unavailable, the Order will be fulfilled only for the part of the Products that are available and the Customer will be informed of this by email ("Modified Order"). It is understood that in the event of partial fulfilment of the Order, the delivery costs originally indicated by the Seller will remain unchanged; if the payment has already been made, the Customer will be refunded only for the price of the unavailable Products and will not be entitled to claim anything else.

2.2. Gift Card

The Gift Card is a virtual gift card, which can only be purchased on the Website and allows you to give a coupon for a fixed amount, equal to the cost of the card, that can be used as a payment method only on the Website.

The Customer is free to choose the Gift Card to purchase from the virtual showcase, selecting the amount from those available in the area dedicated to the relevant purchase.

If the Customer intends to send the Gift Card to another person, they must enter their email address in the 'recipient's address' section; the recipient will be informed in accordance with Article 14 of the GDPR regarding the processing of their personal data, and will receive an e-mail together with a personalised message.

After selecting the Gift Card and completing the payment procedure, the Customer will receive an e-mail confirming that the procedure has been completed correctly and, at the same time, the Gift Card will be sent to the recipient. In particular, the recipient will receive an e-mail with the coupon code to redeem their Gift Card, using it as a method of payment, in a single or multiple transactions.

If the coupon is used on a shopping cart with a value lower than the one of the Gift Card, the difference will remain loaded on the latter and remain available for subsequent purchases. If the shopping cart value is higher, it will be possible to pay the difference at checkout.

It is also possible to use multiple Gift Cards in the same shopping cart, redeeming the coupons one after the other to add up the available amounts.

If items purchased with a Gift Card are returned, the amount will be reloaded onto the card. In the case of mixed payment, any difference will be refunded, giving priority to the Gift Card and, if the amount to be credited is excessive, to the payment method used.

Please note that the Gift Card:

  • can only be used online and cannot be converted into cash;
  • is only valid for transactions made on the Website where it was purchased, regardless of the place of delivery;
  • is always excluded from discounts and promotions;
  • does not allow you to request an invoice following its use.

With regard to the message addressed to the recipient, it should be noted that the use of foul, offensive or otherwise inappropriate language in the context of the initiative is prohibited. Any use contrary to these General Terms and Conditions that comes to the attention of the Seller may be reported to the competent authorities.

3. Prices and Additional Costs

The Products can be shipped to all countries where there are no regulatory restrictions. With the exception of the USA and Canada, in all other countries there is no direction of the commercial activity and therefore these General Terms and Conditions apply.

Product prices are expressed in Euro and include VAT, which is applied in accordance with Italian law. The Seller is not responsible for any additional charges applied in accordance with the regulations of the country of shipment of the Products, which shall be borne by the Customer.

Delivery costs, where applicable, shall be borne by the Customer and will be detailed before the purchase order is submitted, together with any additional charges (the "Additional Costs"), with the exception of customs duties and any additional charges prescribed by the legislation of the country of shipment, which will only be calculated upon arrival of the goods at customs. Customs duties and additional charges will be borne by the Customer, who will be responsible for making the relevant payment; if the Customer fails to pay these charges, Article 5 of this contract shall apply and any expenses incurred by the Seller shall be charged back to the Customer by reducing the amount paid as the price to be refunded.

Delivery costs are not due for Orders to be delivered in Italy. For deliveries to countries other than Italy, the Additional Costs can be consulted at the link https://www.eleventymilano.it/en/pages/spedizioni.

4. Payment methods

The Customer may pay for the Products and related Additional Costs by credit card, debit card, Shop Pay, Klarna, PayPal, Gift Card, bank transfer or cash on delivery.

Credit and debit cards
The circuits available are: Visa, Mastercard, Maestro, UnionPay, American Express. For purchases with Visa ELECTRON, authorisation from the issuing bank is required for online use. If the Customer uses a prepaid or disposable card, they must keep it even after the purchase, as it may be needed for a possible refund. The active gateway for credit card transactions uses Secure Socket Layer (SSL) technology. The Website does not store the Customer's credit card number.

Shop Pay / Klarna / PayPal
Once the Order has been placed, the Customer can make the payment through their account or by using a card, even a prepaid card, or in any case in conformity with the methods accepted by each provider and in compliance with the relevant conditions.

Gift Card
Payment can be made by the Customer using the Gift Card, entering the relevant code in the appropriate section. The Customer may use multiple Gift Cards for each Order. If the amount on the Gift Card is not sufficient to cover the total amount of the transaction, it can be supplemented using other forms of payment available on the Website.

Payment by bank transfer
Payment must be made within two (2) working days of the Order date. If, after three (3) working days, the transfer has not been credited, the Seller reserves the right to cancel the Order. All expenses and bank charges are borne by the Customer. The Seller reserves the right to request additional payment if the amount credited does not correspond to the final amount. If, after 3 (three) working days from the request for additional payment, the remaining amount has not been credited, the Seller will cancel the Order and return the amount received by bank transfer. The Seller will proceed with the shipment within two (2) working days of the accounting of the entire amount of the Order.

Cash on delivery
This payment method is only permitted for deliveries of Products to be made in Italy.

5. Transport and delivery

All Products will be delivered by courier (the "Shipment"), it being understood that the Seller shall in no case be liable for delays that are unforeseeable or not attributable to it.

Once the Products have been shipped, the Customer will receive an email with a link to track the Shipment; in any case, the Seller will update the Customer on the status of the Shipment. The Products covered by a single Order may be shipped separately for organisational and logistical reasons. Consequently, the Customer will receive the aforementioned email notification for each Shipment.

Except in cases of force majeure or unforeseeable circumstances and in the event of payment by bank transfer, the shipment will be made within 5 working days of sending the Order Confirmation or Modified Order.

The delivery obligation is fulfilled by transferring the physical availability or control of the Products to the Customer or to a third party designated by the Customer ("Delivery"). The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to the Customer when the Customer or a third party designated by the Customer physically takes possession of the Products.

With regard to Delivery:

  1. in the event of non-delivery due to the absence of the recipient at the address indicated in the Order, the Seller reserves the right to return the goods to its warehouses;
  2. if the Customer expressly refuses to take delivery of the Products, they will be returned to the Seller;
  3. in the event of non-delivery due to an incorrect address, the Products will be returned to the Seller;
  4. in the event of non-payment by the Customer of customs duties and additional charges, the Products will be returned to the Seller.

In the event of return of the Products to the Seller in the above cases, the contract shall be deemed terminated pursuant to Article 1456 of the Italian Civil Code upon receipt of the Products by the Seller. Following the termination of the contract, the Customer shall be entitled to a refund equal to the price paid for the purchase of the Products, excluding Additional Costs, less the costs incurred by the Seller for the unsuccessful delivery, return, and storage. The total amount shall be paid within 14 days of the termination of the contract.

6. Right of withdrawal

Without prejudice to the cases of exclusion provided for in Article 59 of the Consumer Code, the Customer has the right to withdraw from the contract for any reason, without the need to provide explanations and without any penalty (the "Right of Withdrawal" or "Withdrawal").

The withdrawal may concern all or only part of the Products purchased by the Customer, including the Gift Card. With regard to the latter, it should be noted that only the Customer – and not the recipient – may exercise the right of withdrawal.

The Right of Withdrawal may be exercised within 14 days of the date on which the Customer, or a third party designated by the Customer, took physical possession of the Products, or, in the case of Gift Cards, from the date of receipt of the confirmation email, provided that the Gift Card has not been used, even partially.

In the case of multiple Products ordered by the Customer in a single Order and delivered separately, the Right of Withdrawal may be exercised within 14 days of the date on which the Customer, or a third party designated by the Customer, has acquired physical possession of the last Product.

To exercise the Right of Withdrawal, the Customer must, within the above-mentioned period, send the Seller a written notice to the e-mail address customer@eleventymilano.it, attaching the withdrawal form available at the link, duly completed (indication the reason is optional and will not affect the exercise of the right).

Once the notice of withdrawal has been received, the Seller's customer service department will, after verifying its validity, notify the Customer by email:

  • in the case of withdrawal concerning the Products, confirmation of the Right of Withdrawal exercised and instructions for returning the Products;
  • in the case of withdrawal concerning the Gift Card, confirmation of the Right of Withdrawal exercised and confirmation of deactivation.

The Right of Withdrawal is governed by the following conditions:

  • I. The Right of Withdrawal applies to the Product purchased in its entirety; therefore, it is not possible to exercise the Right of Withdrawal for only part of the Product. For Gift Cards, the Withdrawal applies to the entire amount.
  • II. In the event of timely exercise, the Seller shall refund the Customer the full price (including Additional Costs) within 14 days of receipt of the Withdrawal notice. The Seller shall have the right to suspend the refund until receipt of the Returned Products.
  • III. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different refund method.
  • IV. (Except for Gift Cards) Customers are required to return the Returned Products no later than 14 days after sending the Withdrawal notice.
  • V. All costs necessary for returning the Products shall be borne by the Customer who, in the case of Products delivered outside the EU, shall return them to the Seller delivery at destination, with duties borne by the sender.
  • VI. Products must be returned intact and in normal condition, in their original packaging, complete with all their parts. Non-compliant returns will not be accepted.
  • VII. Products must be sent to the following address:
    ELEVENTY WORLD SRL
    STRADA TOSCANESE 79/I
    01100 VITERBO (VT)
    ITALY

Withdrawal is excluded in all cases referred to in Article 59 of the Consumer Code, as well as for Products for which the Customer has requested alterations in one of the Seller's boutiques.

7. Legal Guarantees for the Customer

The Customers are entitled to avail themselves of the legal guarantee provided for in Articles 133 et seq. of the Consumer Code. This guarantee requires the Customer to report any lack of conformity of the Product in writing to the email address customer@eleventymilano.it. Following this report, the Customer will be contacted by the Seller's customer service department which, in order to verify the validity of the request, may ask for information, photographs of the Product and/or the return of the Product for further investigation, with the costs borne by the Customer. Under the above warranty, the Seller is liable for any lack of conformity that becomes apparent within 2 years of delivery of the Product. The statute of limitation of any claim to enforce defects not maliciously concealed by the Seller consists of 26 months from delivery of the goods.

8. Errors and limitations of liability

Information about the Products is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Seller cannot be held responsible, except in cases of willful misconduct or gross negligence. The Seller reserves the right to correct any errors, inaccuracies or omissions even after an Order has been sent, without prejudice to the Customer's rights under these General Terms and Conditions and applicable law.

9. Complaints

Any complaint must be sent to the Seller by writing to the following e-mail address: customer@eleventymilano.it.

10. Force Majeure

The performance of the services by the Seller may be suspended in the event of unforeseeable circumstances or force majeure that prevent or delay performance. In such cases, the Seller shall communicate the occurrence within 7 working days. If the suspension lasts for more than 30 working days, the Customer shall have the possibility to cancel the Order and obtain a refund of the amounts paid.

11. Applicable law

The sales contract between the Customer and the Seller is governed by Italian law. In the event of a dispute, the Customer may refer the matter to the competent judicial authority. The Customer may also choose to use the platform set up by the European Commission for online dispute resolution ("ODR platform"). The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

12. Processing of Personal Data

Customer data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the relevant section.