CONDITIONS OF SALE

1. Definition

The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also understood to be defined in the plural and vice versa.

  • Customer: means any person (natural or legal person) who purchases one or more Products through the Online Shop, accepting the General Conditions.
  • Exes: means Exes with registered office in Corso Italia 55, 76123, Andria, concessionary company of Fashion Plus S.R.L. for the retail of the Products through the Online Shop.
  • Parties: means both Exes and Customers.
  • General Conditions: means these general conditions of sale and any future new versions that may be published in the Online Shop by Exes.
  • Online Shop: means the virtual store, managed by Exes and accessible via the URL: https://exesshop.com, through which you can purchase the Products.
  • Sale and purchase agreement: means the contracts for the purchase and sale of the Products concluded, pursuant to art. 3., between Exes and the Customers through the Online Shop.
  • Orders: means purchase orders for Products sent by Customers, in accordance with the General Conditions and following the procedure set out in art.
  • Order Confirmation: means the e-mail message through which Exes communicates the acceptance of the Orders to the Customers.
  • Price: means the sale price of the Products as indicated in the Online Shop corresponding to the Products themselves.
  • Products: means the products published on the Online Shop for sale.
  • Profile: means the area of the Online Shop in which Customers, after authentication, are able to: (i) view and modify their personal data and the addresses where the Products subject of the Orders must be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function relating to their activity in the Online Shop.

2. Subject

2.1 The General Conditions regulate all the Sale and Purchase Agreements and form an integral part of them.

2.2 Exes reserves the right to modify the General Conditions at any time, it being understood that those published on the Online Shop at the time the Orders are placed by the Customers will be considered applicable to the Sale and Purchase Agreements.

2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published on the Online Shop, the terms and conditions most favourable to the Customers will be applied.

3. Conclusion of the Sale and Purchase Agreements

3.1 Exes undertakes to send the Order Confirmation to the Customers within 2 working days from the receipt of the Orders from the Customers.

3.2 The Sale and Purchase Agreements are understood to be concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the deadline indicated in art. 3.1, the relative Order must be considered rejected by Exes and, therefore, ineffective.

3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to how to purchase the Products referred to in art. 6 and to have fully accepted the General Conditions as well as having read all the additional information contained in the Online Shop, also recalled via link.

3.4 Orders will be filed in the database of the Online Shop, according to the procedures and in compliance with the provisions of Legislative Decree 06/30/2003 n. 196 ("Privacy") and will be accessible by contacting Exes at the references referred to in art. 16 or by accessing the Profile.

4. Products Availability

4.1 Without prejudice to the provisions of art. 4.6, in correspondence with each Product published in the Online Shop, Exes indicates whether the same:

(i) is available in the warehouses;

(ii) it is not available in the warehouses;

4.2 The type of Products published on the Online Shop and their availability may change at any time without this entailing any responsibility for Exes towards the Customers.

4.3 In the event of unexpected unavailability of a Product indicated as available at the time the Order is sent by a Customer, Exes, without prejudice to the provisions of art. 3.2, undertakes to indicate to the Customer, in a subsequent communication by e-mail, the indicative times for any new availability of the Product(s) subject of the Order sent by the Customer or to proceed with the refund of the unavailable Product.

4.4 Exes reserves the right not to indicate the availability of or some Products published on the Online Shop.

5. Price and shipping costs: taxes and duties

Price and shipping costs: taxes and duties

5.1 The Price is expressed in € (Euro). The applicable price is the one published on the Online Shop at the time the Orders are placed by the Customers.

5.2 The Price is inclusive of VAT (22% if the Products are shipped by Exes and delivered within the European Union. If the Products are shipped by Exes and delivered outside the European Union, the price is VAT excluded).

5.3 The Price does not include the shipping costs. It reserves the right to ask Customers for a part for shipping costs which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, weight and destination.

5.4 The part requested by Exes for shipping costs is indicated, separately from the Price, before the Order is sent by the Customers and will be paid by the Customers together with and simultaneously with the payment of the Price according to the methods set out in art..7.

5.5 Any taxes, duties and other charges provided for by the laws of the State where the Products are shipped and delivered to will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier responsible for the delivery.

6. Sending methods of the orders

6.1 In order to proceed with the dispatch of Orders, Customers are required at least to report some mandatory personal information, necessary for the management of the order itself.

6.2 Customers can purchase the Products by selecting them in the section of the Online Shop dedicated to the type of Product they are looking for and inserting them in the "cart". If the Products that the Customers intend to purchase are more than one, the same procedure above must be repeated. Once the choice of products has been completed, customers have, if they have not already done so previously, to fill in some fields referred to in art. 6.1 or, if already registered, they must authenticate by entering the e-mail address and password in the appropriate spaces and click on "checkout". Having verified the correctness of the data relating to the chosen Product (s) and the "sending information", the Customers must choose the payment method referred to in art. 7. Once the payment method has been chosen, Customers can proceed to send the Orders by clicking on "proceed to purchase".

7. Payment Methods

7.1 I Clienti possono effettuare il pagamento del Prezzo e del contributo per i costi di spedizione di cui all’art. 5 mediante:

  • Paypal,
  • carta di credito,
  • Satispay
    o altri mezzi di pagamento che potranno essere indicati da Exes nel Negozio On Line.

Exes reserves the right to vary, at any time, the means of payment that Customers can use, it being understood that those published on the Online Shop will be considered usable at the time the Orders are sent by the Customers.

7.2 In case of payment by credit card, the charge to the Customers of the Price and the part for the shipping costs referred to in art. 5 occurs, once the credit card details have been verified and the debit authorization is received from the company issuing the credit card used by the Customers, at the same time as Exes sends the Order Confirmation. The credit card data sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment is made directly on a secure server, with an SSL encryption key in order to guarantee the absolute security of the transaction. Credit card details are not accessible by Exes or third parties, either at the time of placing the Orders or subsequently.

7.4 In case of payment via PayPal, Klarna or Satispay, at the time the Orders are placed by the Customers, the Web session will be transferred to an external website owned by the aforementioned companies. On this website, customers can complete the payment of the Price and the part for the shipping costs referred to in art. 5 using their own account and according to the conditions of use of the service subscribed by the Customers at that time or previously. The charge of the Price and the part for the shipping costs referred to in art. 5 on the Customers' account takes place at the same time as the Order Confirmation is sent.

7.5 If requested by the Customers at the same time as sending the Orders, Exes will send the Customers a regular invoice, by e-mail or mail. For the purpose of issuing the invoice, the information provided by the Customers will take precedence. No variation of the invoice will be possible after its issue by Exes.

7.6 The information received by Exes pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in the event of exercising the right of withdrawal pursuant to art. 9. by the Customers.

8. Shipping and delivery of the products

8.1 Given that the "shipment" of the Products by Exes means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Exes is not required to ship the Products until the payment of the expected order price has been received.

(i) in the case of available Products (as defined in Article 4.)

  • within 3 working days of receipt of the debit authorization notice pursuant to art. 7.2 in case of payment by credit card;
  • within 3 working days from the moment in which the payment information has been made available to Exes in case of payment by means other than credit card.

(ii) in the event that the availability of one or more Products is not indicated (as in the option under the Article 4.6) and the Products are available at the Exes warehouses at the time the Order is sent by the Customers:

  • within 3 working days of receipt of the debit authorization notice pursuant to art. 7.2 in case of payment by credit card;
  • within 3 working days from the moment in which the payment information has been made available in case of payment by means other than credit card.

8.2 It guarantees the shipment of the Products, in the States indicated on the Online Shop, by express couriers selected from time to time depending on the Product object of the Order and the place of destination. The Products are shipped by Exes, and delivered by the courier selected by Exes, to the address indicated by the Customers at the time of registration pursuant to art. 6.1 or to a different address indicated at the time the Order is sent.

8.3 Exes undertakes to do everything in its power to ensure that the Products shipped pursuant to art. 8.1 and 8.2 are delivered by selected couriers:

  • in Italy within 48 hours from the date of shipment;
  • outside Italy within 10 days from the date of shipment.

8.4 The delivery terms referred to in art. 8.3, cannot, in any case, be considered binding and Exes, not being able to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.

8.5 Customers, or other persons appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:

(i) the Products correspond to what is indicated in the courier transport document (DDT) both in terms of number and type;

(ii) the packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials.

8.8 Any damage to the packaging of the Products must be immediately contested by the Customers by affixing a written control reservation on the proof of delivery by the courier. It is understood that, once the courier's document has been signed without any dispute, the Customers can no longer raise any objection to Exes with reference to the external characteristics of what was delivered.

8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must sign to certify the delivery. Couriers do not deliver to post office boxes or by placing the Products in letterboxes or other similar places.

9. Right of withdrawal

9.1 If the Customers are "consumers" (i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity performed), the Customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 14 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by customers by sending a written communication to Exes by e-mail to the address referred to in art. 16., containing:

(i) the manifestation of the will to exercise the right of withdrawal;

(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.

9.2 In case of the Customer exercises the right of withdrawal referred to in this art. 9:

(i) Customers undertake to return the Products within 14 days from the date of the notice of withdrawal pursuant to art. 9.1;

(ii) all shipping costs related to the return of the Products are entirely borne by the Customers;

(iii) Exes undertakes to reimburse the Price as soon as possible, and in any case within 14 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:

  • the Products have been returned and are intact;
  • the original packaging of the Products is also returned and the same is intact;
  • any accessories, instruction manuals, etc. are also returned and the same are intact;
  • the Products have not been used;

(iv) Exes will communicate to the Customers how to reimburse the Price and may, for this purpose, ask the Customers for their bank details (IBAN and account holder).

9.3 If the Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms referred to in this article 9, the Customers are not entitled to a refund of the Price.

10. Defects / Non-conformities of the Products

10.1 If the Products have a warranty recognized by their manufacturer (commercial / conventional warranty), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the warranty itself.

10.2 The "Consumers" customers (as defined in art. 9.1) may request the seller, within the term set out in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided for by the Consumer Code for the lack of conformity of the Products existing at the time of delivery of the goods.

11. Product Liability

The manufacturer of the Products is responsible for any damage caused by defects in the Products themselves.

12. Privacy

Exes declares and guarantees that the personal data of Customers will be treated in accordance with the provisions of Legislative Decree 196/03, and subsequent amendments. Details relating to the methods of data processing are communicated to customers at the time of registration pursuant to art. 6.1 or 6.2.

13. Errors and / or inaccuracies in the On-Line Shop

13.1 Exes undertakes to constantly check the Online Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Shop contains, or may over time contain, errors, inaccuracies or omissions.

13.2 Exes therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.

14. Intellectual Property

All intellectual property rights related to the Online Shop (including its contents) are the exclusive property of Exes and/or Fashion Plus S.R.L.; The Online Shop and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Exes.

15. Applicable Law

15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005, which, in Articles from 50 to 67, governs distance contracts, and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and in the light of this they must be interpreted.

15.2 For any dispute that may arise relating the General Conditions and/or the Sale and Purchase Agreements, the court will have exclusive jurisdiction.

16. Contacts

For further information and assistance on the Online Shop, contact Exes at the addresses below:

  • mobile: 373 774 2868
  • mail: assistenza@exesshop.com

EXES Intimo e Abbigliamento Donna e Uomo