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General conditions of sale

1. SUBJECT

1.1. These General Conditions of Online Sale (hereinafter "GTC") govern the contract (hereinafter "Contract") for the sale of clothing and accessory products exclusively bearing the Rinascimento ® brand (hereinafter "Products") through this website www.rinascimentooutlet.com (hereinafter, "Site") to users of the Site (hereinafter "Customer" or "Customers").
1.2. The sale of Products through the Site is carried out by Teddy SpA, with registered office at Via Coriano n. 58 Grosrimini Blocco 97, 47924, Rimini (RN), Fiscal Code and VAT number 00953910403, Email help@rinascimentooutlet.com (hereinafter "Teddy").
1.3 In these GTC, the term Customer or Customers means the "consumer" or "consumers" as defined in Article 3, paragraph 1, letter a), of Legislative Decree no. 206 of 6 September 2005 (hereinafter the "Code"), i.e. "the natural person acting for purposes outside of any entrepreneurial or professional activity he or she may carry out".

2. EFFECTIVENESS AND MODIFICATION OF THE GTC

2.1. The GTC are available on the Site for easy reading by the Customer before registering and purchasing the Products; they are deemed accepted upon registration and submission of the purchase order form and can be saved by the Customer and reproduced on paper by printing the file containing them.
2.2. The GTC applicable to the sale of the Products are those made available through the Site, on the date of the order relating to the Products themselves. The Customer, therefore, must review the GTC each time he or she intends to make a purchase on the Site.
2.3. Teddy's mere tolerance or failure to contest any breaches by the Customer of the provisions of the GTC cannot be interpreted as tacit acceptance of such breaches, nor as a desire to deviate from what was agreed between the parties.
2.4 The items offered through this website are available for delivery exclusively within Italy.

3. USE OF THE SITE

3.1. The essential characteristics of the Products are presented on the Site within each product page. The images and colors of the products offered for sale on the Site may not correspond perfectly to the actual products due to the characteristics and/or display of the device from which you view the Site or your internet connection.
3.2. Teddy assumes no responsibility for problems caused to the Customer by the use of the Site and the technologies employed as they are not dependent on its own will, such as, by way of example:
- errors, delays or inability for the Customer to access the Site during the execution of the sales procedure;
- errors, delays or inability of the Customer to receive communications from Teddy in relation to the sale of the Products.
3.3. In any case, Teddy undertakes, to the best of its ability, to resolve any problems that may arise and to offer the Customer the necessary assistance to obtain a quick and satisfactory solution to such problems.

4. REGISTRATION AND PURCHASE PROCEDURE

4.1. Customers wishing to purchase Products, after selecting the desired Product from the appropriate sections of the Site, must indicate their intention by completing and submitting the appropriate order form, following the purchasing procedure indicated on the Site. The order form contains a reference to the General Terms and Conditions and a summary of information on the essential characteristics of each product ordered, the price in euros (including all applicable taxes and duties), the chosen payment method, the delivery methods for the purchased products, shipping and delivery costs, and any costs related to the chosen payment method. Customers are responsible for verifying that the order form is filled out correctly and correcting any errors.
4.2 Once the order form has been fully completed and payment has been made, the Customer electronically submits the electronic purchase order (hereinafter the "Order") to Teddy. Once the Order has been received, Teddy will send the Customer an order confirmation email (hereinafter the "Order Confirmation"), containing a summary of the sales information, and will process the Order. If one or more of the ordered Products is unavailable, Teddy will inform the Customer via email. In any case, the unavailability of one or more of the Products in the Order does not automatically give the Customer the right to cancel the entire Order.
4.3 All Product purchase orders are subject to availability. Teddy will confirm shipment of the ordered Products to the Customer via a shipping confirmation email (hereinafter "Shipping Confirmation").
4.4. The Customer may access the contents of his or her order form by consulting the dedicated personal section on the Site. If he or she wishes to cancel the Order or modify it by increasing or decreasing the quantity of previously ordered Products, or simply modifying or adding new items to or replacing the Products themselves, he or she must send an email to helpme@rinascimentooutlet.com , provided that the relevant shipment has not already been confirmed by Teddy via the Fulfillment Confirmation.
4.5. Teddy undertakes to deliver the Products in Italy to the address and within the timeframe indicated by the Customer in the Order. Teddy will not be responsible for delivery errors due to inaccuracies or incompleteness in completing the Order or the Customer's unavailability. Delivery is made via express courier; therefore, PO boxes cannot be accepted.
4.6. In the event of a total or partial return of the Products pursuant to the right of withdrawal or the statutory guarantee, Teddy, in accordance with the provisions of Article 12 below, will only refund the amounts due. The possibility of exchanging sizes is regulated by Article 12.4 below.

5. CUSTOMER RIGHTS AND OBLIGATIONS

5.1. The Customer is solely responsible for the truthfulness and accuracy of the information provided to Teddy during registration via the Site and undertakes to promptly communicate any changes to the data entered. The Customer acknowledges and accepts that Teddy may use the data entered via the Site to enable the conclusion of Contracts and/or for operational communications. For further information on how Teddy processes Customers' personal data, please refer to the Privacy Policy, which the Customer, by placing the Order, declares to have read and understood.
5.2. The Customer, when registering and sending the Order, declares that (1) he has read, understood and accepted the GTC and the additional information contained on the Site, (2) he is of legal age, (3) he has the legal capacity to act.
5.3 The Customer acknowledges that the Contract between Teddy and the Customer is governed not only by the General Terms and Conditions of Sale, but also by the Order and the Order Confirmation.
5.4. The Customer agrees not to use the Site to place false or fraudulent orders. If Teddy has reasonable grounds to believe that such an order has been placed, Teddy may cancel the order and inform the relevant authorities; the Customer must provide us with his or her email address, postal address, and/or other contact information truthfully and accurately.
5.5. The Customer undertakes, once the purchase procedure on the Site has been completed, to both save an electronic copy and print the Order and the GTC for their preservation.

6. REFUSAL TO PROCESS AN ORDER

6.1 Teddy reserves the right to remove any Product from the Site at any time and/or delete or edit any material or content thereon. Despite reasonable efforts to process all Orders, the Customer acknowledges and agrees that exceptional circumstances may arise that may force Teddy to refuse to process Orders after the Order Confirmation has been sent.
6.2 Teddy declines any responsibility towards Customers or towards third parties for the removal of any Product from the Site, for the elimination or modification of any material and/or content of the Site or for the failure to process the order after the Order Confirmation has been sent.
6.3 Teddy reserves the right to refuse an Order from a Customer with whom there is an ongoing or previously existing dispute and/or a dispute relating to a previous Order. This also applies to all cases in which Teddy deems the Customer unsuitable, including, but not limited to, previous violations of these General Conditions of Sale or if the Customer has been involved in fraudulent activity of any kind.

7. PRICES AND PAYMENTS

7.1 The prices of the Products are those actually displayed on the Site at the time the Order is placed and, unless otherwise specified, are inclusive of VAT. The prices shown on the Site for each of the Products must be added to the shipping and delivery costs as well as any costs relating to the chosen payment method, which will be duly highlighted and summarised before the Order is placed and subsequently also in the Order Confirmation.
7.2. The total price for the purchase of the Products and the shipping and delivery costs, as indicated in the Order, will be charged to the Customer only upon shipment of the Products, following the sending of the Fulfillment Confirmation.
7.3. Payment can be made by credit card (through accepted circuits and indicated on the Site), PayPal, through installment payment methods through the suppliers indicated on the Site, cash on delivery (i.e., cash upon delivery), and/or through other payment methods indicated on the Site at the time of payment. The availability of the aforementioned payment methods may be temporarily limited or partially excluded; in such cases, Teddy declines all liability to the Customer. It is understood that Teddy may, at its sole discretion, limit or exclude payment by cash on delivery. Cash on delivery may only be made with delivery to the recipient's address.

8. DELIVERY OF PRODUCTS TO THE CUSTOMER

8.1. Upon delivery of the Products to the Customer by the carrier responsible for their transportation, the Customer must check that the packaging used for transportation is intact, not damaged, wet, or otherwise altered, even just the sealing materials. Any anomalies must be reported immediately to the carrier upon receipt of the Products, indicating them on the delivery document.
8.2. In order to facilitate and speed up Teddy's check for any anomalies, for example regarding the quantity and type of Products, the Customer may write an email to helpme@rinascimentooutlet.com .
8.3. In the case of cash on delivery, which is paid exclusively to the recipient's address, the Customer must have the exact amount of the Order available, in euros, including shipping costs and any additional costs for the chosen delivery method, as summarized in the Order Confirmation. The courier will not accept checks or give change.

9. RIGHT OF WITHDRAWAL FROM THE CONTRACT BY LAW

9.1 If the Customer is contracting as a consumer, he or she will have the right to withdraw from the Contract within 14 (fourteen) days without having to provide any reason. The withdrawal period ends 14 days after the day on which the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the Products.
9.2 To exercise the right of withdrawal, the Customer, before the expiry of the withdrawal period, must:
1. give express notice of your intention to withdraw from the Contract through an explicit declaration – via the return form available in your user area
2. Prepare the package using the original packaging or, if this is not possible, packaging of equivalent size and resistance and carefully seal with tape. Print the return label contained in the return authorization email you will have received from Teddy and attach it to the box so as to cover the information from the first shipment.
3. return the Products by shipping them via post or courier to the following address : TEDDY SpA, Via dei Lanaioli – Blocco 4, 40050 Funo di Argelato, Bologna (Italy) . Teddy's address is also shown on the return label included in the return authorization email referred to in point 2 above.
Shipment must be made without undue delay and, in any case, within 14 days from the day on which the Customer communicates withdrawal from the Contract in the manner set forth in this article. The deadline is considered met if the Customer returns the goods before the 14-day period expires. The costs of returning the Products are entirely borne by the Customer.
9.3 The Customer is only liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. Therefore, the right of withdrawal applies only if the Products to be returned are intact and unworn, complete with their original packaging, wrapping, tags, stickers, and labels. For some Products, due to their special characteristics, the following return conditions must also be met:
- Swimwear: must include a hygienic sticker.
- Underwear: can be exchanged or returned as long as it is in the same condition as purchased and still has the protective bag or sticker it was shipped in.
The Customer may not exercise the right of withdrawal from the Contract which has as its object the supply of customized Products or Products which do not satisfy the aforementioned conditions.
9.4 In the event of withdrawal from the Contract, the Customer will be refunded for all payments made for the returned Products, without undue delay and in any case no later than 30 (thirty) days from the day of receipt of the Customer's notice of withdrawal from the Contract. Any costs, other than ordinary costs, will not be refunded to the Customer if the Customer has requested additional delivery services with the Order (such as, by way of example and not limited to, more expensive shipping methods than the least expensive ones offered on the Site) or payment services or other services that involve additional costs (such as, by way of example and not limited to, payment by cash on delivery).
9.5 Refunds will generally be made using the same payment method used by the Customer for the Order. However, if the Customer paid for the Order by cash on delivery, the refund will be made by bank transfer to the Italian bank or postal account indicated by the Customer (transfers to postal savings books are always excluded).
9.6 Teddy will withhold the refund until the returned Products are actually received by the Customer. In any case, the refund will only be made if the Products returned by the Customer are in good condition. The Customer is responsible for the contents of the returned package. Teddy will not issue a refund if:
1. the package received contains an incorrect item and/or different from the product ordered or to be returned
2. the product has been used beyond simple opening and iii) the products are not in the same condition in which they were delivered, are damaged or in any case the conditions set out in Article 9.3 have not been respected. In this case, Teddy will in turn return the Products to the Customer and will not refund the amounts paid; any costs incurred by Teddy for the return will be charged to the Customer.
9.7 Without prejudice to the provisions of the previous art. 9.6, refunds for Products returned following withdrawal from the Contract will be made within 15 days of their receipt by Teddy.

10. RETURN OF PRODUCTS DUE TO DEFECTS OR DEFORMITIES

10.1 Teddy provides, in relation to the Products purchased by the Customer, the legal guarantee of conformity under the terms and conditions established by law, provided that the Products have been used correctly, with due diligence and in compliance with the intended use and the provisions of the enclosed instructions. The legal guarantee covers any defects of conformity of the Products existing at the time of delivery that may arise within two years of their delivery. To the extent permitted by law, Teddy expressly disclaims all additional and derogable guarantees, except those that cannot be legitimately excluded for consumers and users.
10.2 In the event of a lack of conformity, in the cases and within the timeframes established by applicable law, the Customer has the right to have the goods restored to conformity, choosing between replacement or repair of the Product, provided that this is possible and does not entail disproportionate costs for Teddy, taking into account all the circumstances. In any case, Teddy reserves the right to refuse the replacement or repair.
10.3 Where replacement or repair are impossible or have been refused by Teddy or in other cases provided for by applicable law, the Customer has the right to a proportional reduction in the price or to terminate the contract (this latter remedy is not available if the lack of conformity is only minor).
10.4 In the event of defective products or products that differ from those ordered (hereinafter "DEFECTIVE Products"), the Customer, without exception, must complete the return request by entering the numeric code of the defective product(s) to be returned, and the reason for the return as "non-compliant/faulty item"; as well as the IBAN and the name of the account holder if payment was made by cash on delivery. Teddy will
- contact the carrier to arrange collection within 30 (thirty) days of sending the return request;
- communicate the collection date to the Customer via email.
From the moment the DEFECTIVE Products are returned to the appointed carrier, Teddy exempts the Customer from any liability in the event of loss or damage to the products themselves during transport.
10.5 As soon as Teddy receives the package containing the DEFECTIVE Products, it will check the disputed defects and send the Customer, via email, the relevant confirmation of receipt of the DEFECTIVE Products and the relevant credit note attached. It will then refund, via banking procedure, the costs incurred by the Customer for the purchase and, if applicable, for the shipping and delivery of the DEFECTIVE Products, while the return costs will be borne by Teddy.

11. INTELLECTUAL PROPERTY

11.1 The Customer acknowledges and accepts that all copyright, trademarks and any other intellectual property rights in the materials or content presented as an integral part of the Site are the exclusive property of Teddy and/or those who have granted Teddy the license for their use.
11.2 The use of the material or contents on the Site is prohibited, unless expressly authorized in writing by Teddy.

12. PERSONAL DATA PROTECTION

12.1. Teddy guarantees the Customer that the personal data acquired in relation to the sale of the Products will always be processed lawfully and correctly, in full compliance with the provisions of EU Regulation 2016/679 (hereinafter “Regulation”) and applicable national legislation.
12.2. For any information regarding the processing of personal data, please refer to the privacy policy on the Website. Please remember that if the Customer needs further clarification regarding the processing of personal data and to exercise the rights provided for by Articles 15 to 22 of the Regulation and applicable national legislation, including the right to withdraw consent to data processing, they may:
- by writing to privacy@teddy.it or dpo@teddy.it
- download the following form for exercising your rights available on the Site.

13. COMMUNICATIONS

13.1 For any assistance or complaint relating to the Products purchased, the Customer may contact Teddy at the following email address helpme@rinascimentooutlet.com .

14. RIGHT TO MODIFY THESE CONDITIONS

14.1 Teddy reserves the right to review and modify these GTC at any time.

15. REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION WITH CONSUMERS (ODR)

15.1 For any comments, suggestions, requests for information or complaints, the Customer may contact Teddy using the assistance channels indicated on the Site.
15.2 If the Customer, as a consumer, believes that their rights have been violated, they can address their complaints to Teddy via the email address helpme@rinascimentooutlet.com to request an out-of-court resolution of the dispute. To this end, and in accordance with EU Regulation No. 524/2013, the Customer has the right to request an out-of-court resolution of disputes relating to orders placed through the Site through the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr, made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.

16. APPLICABLE LAW AND JURISDICTION

16.1. The GTC and all purchases made through the Site are governed by Italian law.
16.2 For any dispute arising from or relating to the use of the Site or the GTC, the Court of the place of residence or domicile of the consumer shall have jurisdiction.

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