General conditions of sale
The following General Conditions of Sale govern the offer and sale on the website ekwatch.com (hereinafter “Site”) and are drawn up in compliance with the legislative provisions of the Italian Civil Code, Legislative Decree no. 70/2003 on information society services and electronic commerce and Legislative Decree 206/2005 (hereinafter “Consumer Code”).
The Ekwatch brand products marketed on ekwatch.com are sold directly by the individual firm Aprile Gabriele (hereinafter, the “Seller”), with registered office in Modica, Via Resistenza Partigiana, n. 42, PI 01682910888.
1) Scope of application
The General Conditions of Sale apply to and regulate all sales contracts concluded through the Seller's Website, as identified above.
The General Conditions of Sale may undergo changes and each User is required to consult them before proceeding with each purchase. It is the User's responsibility to check the General Conditions of Sale before submitting the order.
The Seller is never responsible for the supply of “Ekwatch” branded products by third parties present on the Site through links, banners or hypertext connections.
The request to the Seller to issue the invoice must be made at the same time as placing the order pursuant to art. 22 DPR 633/1972.
2) Conclusion of the contract
These General Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User. The electronic sending of the order by the User implies full knowledge and full acceptance of these General Conditions of Sale.
To proceed with the online purchase of one or more products, the User must provide the Seller with all the data necessary to allow the latter to execute the orders placed. The data will be processed in accordance with the privacy provisions of the current legislation and can be consulted in the appropriate section of the ekwatch.com website.
To conclude the purchase contract, the User must send his order through the appropriate Form on the ekwatch.com website. The electronic sending of the order creates the obligation for the User to pay the final price indicated therein.
If, after the order has been sent, the products are not available, the Seller will inform the User by email of the unavailability of the products ordered, within 5 days from the day following the day on which the order is sent. In the event of payment, the Seller will refund the price without being required to provide further compensation.
The User can, at any time, monitor the status of his order by consulting the Customer Service at the email address hello@ekwatch.com
3) Characteristics of the products on sale on the Site
The products offered for sale through the Site are wristwatches and related accessories, which are present in the online catalogue at the time of the order.
The product catalogue may be updated and modified periodically, therefore, the permanence of a product among those available online is not guaranteed.
Each product is presented through a specific product page where all its essential characteristics are reported; the images and colors of the products may not correspond exactly to the real ones due to the settings of the devices with which the User accesses the Site. The images of the products must, therefore, be considered indicative and are subject to normal tolerances of use.
4) Sales prices
The prices of the products on sale on the Site include VAT and any other tax that may be applicable to the sale to Users who purchase from a State belonging to the European Union, the Vatican City State and the Republic of San Marino.
In the case of Users placing an order from a country other than those listed above, the price is indicated net of VAT and any additional tax that may be applied in the country of destination. If applicable, such tax will be collected upon delivery of the product. The product may be subject to import duties which, if applicable, will also be collected upon delivery of the product.
Product prices may be subject to updates and changes. The User is required to verify the final sale price before submitting the relevant order. The obvious material error in the price reported on the Site - compared to the commonly known price of the chosen product - entails the right of the Seller not to confirm the shipment and proceed with the immediate refund of the purchase value paid by the User, without the latter being able to raise objections in this regard.
The expected shipping costs and types may vary depending on the country and shipping methods chosen by the User and, in any case, are always calculated and identified uniquely when ordering the purchased product.
5) Payment methods
The User may choose one of the payment methods indicated in the Order Form. Once the payment method has been chosen and the order has been sent, the User may no longer modify it.
6) Delivery methods
The products are delivered, via contracted couriers, directly to the User, or to a person expressly indicated by the latter, at the shipping address specified in the order.
The Seller will process the order sent within 3 working days. Pre-order products are excluded, the delivery times and methods of which will be communicated on the product page. In the case of pre-order products, the application of the legislation referred to in art. 1472 of the Civil Code is reserved. The User may however contact the Customer Service at hello@ekwatch.com for any clarification.
Delivery times are attributable exclusively to the contracted courier and do not determine any liability on the part of the Seller.
The User will be notified of the fulfillment of his/her order through a specific email sent to the email address indicated in the Order Form.
7) User obligations
Minors are prohibited from placing an order on the Site.
The data entered during the purchase phase must be exclusively your personal data and not that of third parties. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The User indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the User.
The Seller declines all responsibility arising from errors in entering data not attributable to them, including any loss of the purchased product.
Upon receipt of the products, the User is required to verify their conformity with the order. In particular, he/she must pay attention to the correspondence between the number of packages indicated on the carrier's letter and those delivered and to the integrity of the packaging.
At the same time, in the event of product defects, the User is required to report the fact to the Seller's Customer Service by giving immediate notification upon receipt of the order via the email address hello@ekwatch.com .
If the User accepts the delivery of products contained in tampered and/or damaged packaging, he/she will lose the legal guarantee of conformity of the products. Likewise, the User loses any legal guarantee of conformity in the event that he/she does not immediately report any aesthetic defects of the product.
8) Responsibility
The Seller assumes no responsibility for disruptions attributable to force majeure such as, by way of example and not limited to, accidents, explosions, fires, strikes, riots, earthquakes and other events that prevent, in whole or in part, the execution of the contract within the agreed terms.
The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, the customer being only entitled to the refund of the price paid.
Likewise, the Seller is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, when paying for the products. In fact, the Seller, at no time during the purchase procedure is able to know the User's credit card number which, by opening a protected connection, is transmitted directly to the payment service manager.
9) Right of withdrawal
The User has the right to withdraw from this contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or another person – other than the carrier and designated by the latter – acquires physical possession of the products.
- Mode of operation
To exercise the right of withdrawal, the User must inform the Seller of his decision to withdraw from this contract by means of an unequivocal declaration to be sent:
- by email , to the following address:
hello@ekwatch.com
If the User chooses this option, a confirmation of receipt of the withdrawal will be sent to him/her without delay via email. - by telephone at the following number: +39 328-7109579
If the User chooses this option, he/she will be provided with specific instructions to proceed.
To comply with the withdrawal deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
To be eligible for a refund, the item to be returned to the Seller must be unused and in the same condition in which it was received. The User must also return the original packaging and all accessories included therein. Returns will not be received or accepted for products that have been damaged, worn and/or that have been rendered unusable in whole or in part beyond the extent of the damage or wear caused. Furthermore, to complete the return procedure, a receipt or proof of purchase is required.
- Shipping
To return a product, you must ship it to:
Sole Proprietorship “Aprile Gabriele”.
Via Partisan Resistance, 42
97015 Modica (RG)
Italy
The shipment must take place without delay and in any case within 14 days from the date on which the User communicated the withdrawal.
The Seller assumes no responsibility in the event that the product to be returned, under any circumstances, is not delivered.
- Effects of withdrawal
If the User withdraws from this contract, all payments made to the Seller will be refunded, without undue delay and in any case no later than 14 days from the date on which the Seller was informed of the User's decision to withdraw from this contract. The application of art. 56, c. 3, of the Consumer Code is reserved. Said refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to bear any costs as a consequence of such refund.
Once the return has been received and inspected, the Seller will inform the User about the approval or refusal of the refund via email. For cases of refusal, please refer to Article 10, paragraph I, of these General Conditions of Sale.
If approved, your refund will be processed and credited to your credit card or original method of payment.
The Seller will suspend payment of the refund until receipt of the products.
- Delayed or missing refunds
If you have not received the expected refund, we recommend that you first monitor your bank account and, if necessary, contact your credit card company and your bank, as it may take some time for the refund to be officially registered.
If these initiatives have not been successful, the User may contact the Seller at the email address hello@ekwatch.com
- Substitutions (if applicable)
The Seller undertakes to replace items only if defective or damaged, provided that such damage has not been caused by the buyer himself. If you wish to replace the same item, you may contact the Seller at the email address hello@ekwatch.com and send the item to be replaced to:
Individual enterprise “Aprile Gabriele”
Via Partisan Resistance, 42
97015 Modica (RG)
Italy
- Limitations on the right of withdrawal
The Seller does not accept the return of products that are clearly personalized or assembled at the express request of the User. Therefore, the latter will not be entitled to any replacement or refund.
10) Warranty and conformity
The Seller is obliged to deliver to the User goods compliant with the description given in the sales contract and is liable for any lack of conformity of the products existing at the time of delivery or which become apparent within two years of delivery.
For the validity of the preceding guarantee, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service at the email address hello@ekwatch.com . The report must contain an accurate and complete description of the disputed defects/faults. For this purpose, the completion of a specific Form may be requested.
Customer Service will provide the User with instructions for returning the product.
The User will have the right to request, without charge, the repair of the product or, alternatively, the replacement or an adequate reduction in price.
In any case, defects of conformity resulting from damage due to accidental events or from the User's responsibility for use not compliant with the intended use of the product are excluded from the legal guarantee.
11) Applicable law
Any dispute relating to the application, execution, interpretation and violation of the sales contracts stipulated through the Site is subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is expressly excluded.
In any case, any rights attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile of the latter will be safeguarded.
12) Changes and updates
The Seller reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The User who accesses the Site and places an order will adhere to the policies and terms of the General Conditions of Sale in force from time to time at the time the order is placed, unless any changes have retroactive effect under applicable law. If one of the provisions herein is held to be invalid, void or inapplicable, such condition will not affect the validity and effectiveness of the other provisions.
13) Customer service and communications
The User may request any information in writing through customer service at the following email address: hello@ekwatch.com .