These terms and conditions set out the basis on which you can visit and use our Website. Please read them carefully as they contain important information.
1.2 In these Terms, unless the context requires otherwise:
- “Contract” means each contract for the supply of Goods by us into which these Terms shall be incorporated;
- “Card” means the credit or debit card which you use to make payment for the Goods;
- “Goods” means the goods which we supply in accordance with these Terms;
- “Order” means a purchase order in respect of the Goods issued by you to us.
1.3 This site is owned and operated by Atellani Italia and Atellani US, hereinafter referred to as “Atellani”. If you want to ask us anything about these Terms or have any comments or complaints on or about this Website, please email us at info(at)atellani.com
1.4 Atellani reserves the right to change these Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms.
1.6 Atellani may from time to time make available services on the Website which require registration. Information that you provide on this Website must be complete and accurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.7 Subsequent access to such services shall require input of appropriate account and password details (“Login Details”). You are responsible for maintaining the confidentiality of your Login Details and any activities that occur under your account. Atellani shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. In the event that you have any concerns regarding your Login Details or become aware of any misuse then you should inform us immediately by contacting our customer services team via info(at)atellani.com. Atellani may deactivate your account at any time which will mean that your Login Details will no longer provide access to your account. Atellani will let you know if it does this using the contact details you provided.
1.8 We require that all purchases be made by adult individuals 18 years of age or older. Each time you purchase a product on this site, you are representing to Atellani that you are an individual 18 years of age or older. We cannot prohibit minors visiting this site. We rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view/purchase. If you are under 18, you must use this site only with the involvement of a parent or guardian.
2.1 Where an order form exists, we will request information from the user as required. Here a user must provide contact information (such as name, delivery address, telephone number) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customers’ orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
2.2 When you place an order with us online you will be taken through a secure checkout process and up to the point at which you click on ‘Confirm Order’ on the final page of the checkout process you are able to add/amend/delete any items that you have placed in your basket.
2.3 Please note that the colours of the Goods are as accurate as the Website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
3.1 If you have supplied us with an email address, we will send you a confirmation of receipt of your Order email once you submit your Order. All Orders whether placed on the Website will be subject to our acceptance in accordance with these Terms. Our acceptance of your Order and the completion of the contract between you and us will take place upon despatch to you of the Goods ordered.
3.2 Any offers for Goods at discounted prices, including those detailed on the Website, may be made available from time to time for you to Order (subject to our acceptance) for a limited period of time as stated in that offer.
3.3 Atellani has taken every care in the preparation of the content of this Website, and in particular to ensure that (i) prices quoted are correct at time of publishing; and (ii) the Goods have been fairly described. However, please note that we may only accept Orders if there are no material errors in the description of the Goods or their prices as advertised on this Website.
3.4 Non-acceptance of an Order may be as a result of one of the following:
3.4.1 One or more of the Goods you ordered are unavailable. We will inform you as soon as possible if the Goods you have ordered are not available;
3.4.2 Our inability to obtain authorisation for your payment. We may contact you to check your Card details;
3.4.3 The identification of a pricing or product description error as referred to in condition 3.3; or
3.4.4 You not meeting the eligibility to order criteria as set out in these Terms.
4.1 Subject to condition, the prices stated by us at the time we receive your Order are the prices you pay except where we discover an error in the price of the Goods you have ordered. In this event, we will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled.
4.2 All prices are displayed on the Website are exclusive of VAT at the prevailing rate charged in Italy.
4.3 Pricing and Promotions: Prices that are reduced for sales and promotions are only valid for the specified period. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.
METHOD OF PAYMENT
5.1 You can pay using Paypal.
5.2 We are unable to accept payment by cheque, American Express, Style cards, cash, postal orders or gift vouchers.
5.3 Card fraud is illegal and will lead to prosecution in all cases.
5.4 We make every effort to ensure that goods displayed are available to order, however where any of the Goods contained within an Order are out of stock, we will contact you to explain the situation and confirm whether you would like to either cancel the whole Order or whether you would like us to process a new order for Goods that we have in stock.
5.5 Ownership of the Goods you Order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods.
6.1 Atellani is able to deliver your Goods to any address. Please note that on delivery third parties carriers may need to obtain a signature from you. If a signature is required, our carriers will not be able to deliver Goods without such signature.
6.2 Selecting the delivery address:
6.2.1 Delivery to your Card address: When you have selected the Goods that you wish to purchase from us, the delivery address will default automatically to the billing address associated with your Card.
6.2.2 Selecting an alternative address: However, should you wish to send the Goods to an alternative address then you can enter this in the delivery address form as you proceed through the checkout process. The alternative address can be either residential or business.
6.3 Our EU delivery service is an Express service. We make every effort to deliver Goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Atellani shall be under no liability for any delay or failure to deliver the Goods within the estimated timescales.
6.4 Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered.
TRACKING YOUR ORDER
7.1 According to third parties policies, when your Goods have been dispatched for delivery then you will receive a confirmation email informing you that your goods are on their way. The email will also contain details of how you can track your Order with third parites carrier.
7.2 Should you have any query with regards to the receipt of your Order then please contact our customer services team at info(at)atellani.
RETURN OF GOODS POLICY
We hope you will be satisfied with Goods purchased on our Website.
8.1 Subject to condition 8.2, if you wish to return to us, or exchange, any Goods:
8.1.1 in respect of which you find a fault within a reasonable time after delivery. Subject to confirmation of the fault, we will refund any monies charged and any charges incurred in returning the product deemed faulty.
8.1.2 for any reason you may do so within 30 days of the date of despatch. We will refund the price of the product, providing it is in a saleable unworn condition and is in its original, undamaged packaging. The delivery charge is non-refundable and unless otherwise agreed between us, you must pay for the costs of return of the Goods to us. This does not affect your statutory rights.
8.2 Under the distance selling regulations you have the legal right to cancel your order within 14 working days of receipt of the goods.
8.3 If you would like to return any Goods to us then you can do so via our customer services team at info(at)atellani.com. The value of the returned Goods at the time of purchase will be refunded in full to the same Card that you used to purchase the Goods. If you wish to receive replacement Goods, please order them in the normal way via our Website.
8.4 To return any Goods customers must use the DHL service. Please ensure you obtain a receipt for the parcel as proof of return. Atellani is not responsible for any return until it has been received.
8.5 For our records you will be asked to complete the reason for your return and this form will then need to be returned with the Goods to enable us to identify your Goods on receipt and process your return immediately. Once the returned Goods have been received and checked by our Returns centre then your Card will be automatically credited to the value of the Goods returned.
8.6 If you have any queries about your return and would like to contact us please email us at info(at)atellani.com
WARRANTIES AND LIABILITY
9.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
9.2 In the absence of any negligence other than breach of duty by Atellani, your use of any Goods other than in accordance with their manuals and/or instructions is entirely at your own risk.
9.3 Atellani will make every effort to deliver Goods within a reasonable time from the date of your Order and to comply with our obligations under these Terms, but we cannot be held responsible for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control.
9.4 The information contained in the material in this Website is only for information purposes. Atellani, by permitting the use of this Website, does not hold itself out as providing any legal, financial or other advice. It also does not make any recommendation or endorsement as to any investment, advisor or other service or product or to any material submitted by third parties or linked to this Website. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
9.5 The Goods are sold in accordance with the manufacturer’s specification, subject to any qualification or representation contained in the Website. Atellani do not make any other promises or warranties about the Goods.
9.6 Atellani will make every effort to keep the Website available but Atellani cannot guarantee that the Website will always be available, reliable, free from technical inaccuracies and typographical errors or other types of error. Further, we often review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. Atellani do not make any other promises or warranties about the Website.
9.7 This Website contains material submitted and created by third parties. Where this is the case, we shall let you know. We have not been able to verify the accuracy of such material and so you should confirm its accuracy with the relevant third party.
9.8 This Website also contains links to other websites and resources which are not under the control of and are not maintained by Atellani. Atellani has no control over such websites and resources. Atellani provides these links for your convenience only but does not necessarily endorse the material on these websites. Your visiting of any external websites via links from this Site is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not us.
9.9 Unless otherwise specified, the materials on this Website are directed solely at those who access this website from Italy. Atellani make no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
9.10 We will take all reasonable precautions to keep the details of your Order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9.11 If either you or we are in breach of the arrangements under these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an Order.
9.12 Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the Contract value.
9.13 Atellani shall not be liable to the Purchaser for any indirect loss of profit, loss of business or depletion of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract
10.1 Unless otherwise specified the copyright in the contents of all the pages in this Website are owned by or licensed to Atellani. Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right to be identified as the author of those works.
10.2 All trademark, service marks and trade names of Atellani are trademarks or registered trademarks of Atellani or its affiliates and third-party licensors. The Website’s graphics, logos, page headers, button icons, scripts and service names are the trade marks or trade dress of Atellani. Atellani’s trade marks and trade dress may not be used in connection with any product or service that is not Atellani, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Atellani. All other trade marks not owned by Atellani that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Atellani.
10.3 The contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without the prior express written permission of Atellani. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, “caching” any material on this Website for access by third parties and “mirroring” any material on this Website. You may print the contents of an individual page of this Website for the purpose of private and personal non-commercial use.
11.1 We aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint please contact us by email at info(at)atellani.com
Please provide full details of the nature of your complaint, including the products purchased, your order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
12.1 A person who is not party to this agreement shall have no right to enforce any term of this agreement.
12.2 Each Contract shall be governed by and construed in all respects in accordance with Italian law and the parties hereby submit to the exclusive jurisdiction of the Italian courts. Where national regulatory authorities have jurisdiction over the contents of this Website, Atellani has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
13.2 Atellani is the sole owner of the information collected on this Website. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Atellani collects information from our users at several different points on our Website unless we are legally entitled or required to do so, or if we believe that such action is necessary to protect and/or defend our rights, property or personal safety and those of other users of this Website. Your privacy is of the highest importance to us, and we promise never to release your personal details to any outside company for mailing or marketing purposes without your express permission.
13.3 Information collected
We may collect the following data from you:
13.3.1 Information that you provide to us when setting up or amending an account with us. For example, your name, address, various delivery addresses, email address, contact telephone numbers password, password question and answer, and card details which can be used when you subsequently place an order;
13.3.2 Information that you provide to us when placing an order online or by filling in any online registration form which we may make available on our Website. For example, your name, email address, payment address and card details which are essential for processing an order;
13.3.3 Information which you voluntarily disclose to us by email or other means;
13.3.4 Information about your computer including, where available, your IP address, operating system and browser type;
13.4 Surveys and Contests
From time-to-time our Website requests information from its users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.
13.5 Uses made of the information
We use information held about you in the following ways:
13.5.1 Internal analysis purposes within our company;
13.5.2 To create and maintain your account with us;
13.5.3 To comply with our obligations following your order as set out in our terms and conditions of sale;
13.5.4 to provide regular updates and newsletters in respect of our products and services;
13.5.5 To ensure that content from our Website is presented in the most effective manner for you and for your computer;
13.5.6 To administer and otherwise perform our obligations in relation to the goods and/or services which we have agreed to provide to you. For example, we may use an outside carrier company to deliver orders, and a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes;
13.5.7 To provide you with information and services including any marketing that you have requested from us and otherwise to respond to queries which you may submit;
13.5.8 To allow you to participate in interactive features of our Website where you have chosen to do so;
13.5.9 To notify you about changes to our Website;
13.5.10 To offer you products and services provided by us. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and/or user information, we are entitled to do so.
13.6 Correcting/Updating Personal Information
If a user’s personally identifiable information changes (such as your post code), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can easily be done by emailing Customer Services at info(at).com.
13.7 Third parties who may use the information
We may pass your data to third parties for the purposes of processing credit or debit card payments and processing your orders. We may also use your data or permit selected third parties to use your data to provide you with information about products or services which may be of interest or benefit to you; to conduct market research.
13.8 Your consent
During the online ordering and/or registration process you will be given the opportunity to withdraw your consent to either:
(a) Our contacting you to offer you promotional goods and services; and/or
(b) Our passing information about you to third parties who may offer you goods or services which they believe you may be interested in.
13.9.1 We use “cookies” and we obtain certain types of information when your Web browser accesses our Website. Although we will not be able to provide you with a personalised experience at our Website if we cannot recognise you, we want you to be aware that these tools exist.
13.9.2 Cookies must be allowed in your browser for you to use the features of our website. All information stored in cookies is for the sole use of Atellani, the information is encrypted and will not be shared with any third party. Cookies allow you to take full advantage of some of our Website’s most useful features and we recommend that you leave them turned on. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.
13.10.1 You can tell whether a webpage is secure as ‘https’ will replace the ‘http’ at the front address bar of your browser window, also a small locked padlock will appear in your browser window.
13.10.2 We also protect your information off-line. All of your information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer services representative) are granted access to your personal information. The servers on which we store your personal information are kept in a secure environment.
13.11.1 Phishing is the practice of tricking someone into giving confidential information. Examples include falsely claiming to be a legitimate company when sending an email to a user, in an attempt to get the user to send private information that will be used for identity theft and fraud.
13.11.2 Atellani will never ask you to send any personal details via email. Should you receive an email claiming to be from Atellani requesting this kind of information please do not respond but contact us immediately.