TERMS AND CONDITIONS
These terms and conditions are valid exclusively from Alessandra Radice, hereinafter referred to as "Topless Beachwear" and any person who purchases online at www.toplessbeachwear.com, hereinafter referred to as "customer". These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern the purchases made on the site www.toplessbeachwear.com, in accordance with the provisions of the Consumer Code, Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by Legislative Decree. 70/2003 on electronic commerce.
1 - OBJECT OF THE CONTRACT
With these general conditions of sale, Topless Beachwear sells and the customer remotely purchases the tangible movable goods indicated and offered for sale on the website www.toplessbeachwear.com. The contract is concluded exclusively through the Internet, through the access of the client to the address and the realization of a purchase order according to the procedure provided by the site itself.
The customer undertakes to examine, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual information provided by Topless Beachwear.
2 - PRE CONTRACTUAL INFORMATION FOR THE CONSUMER
Before the conclusion of the purchase contract, the customer takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of choice by the client.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the client is informed about:
- total price of goods with details of shipping costs and any other costs
- terms of payment
- the deadline by which Topless Beachwear undertakes to deliver the goods
- conditions, terms and procedures for exercising the right of withdrawal
- information that the client will have to bear the cost of returning the goods in case of withdrawal;
- after-sales assistance conditions and commercial guarantees provided by Topless Beachwear.
The client may at any time and in any case before the conclusion of the contract, take note of the information relating to Topless Beachwear, telephone number and e-mail address.
3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by Topless Beachwear to the customer of an e-mail confirming the order. The e-mail contains the data of the client and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The client undertakes to check the correctness of the personal data contained therein and to promptly notify Topless Beachwear of any corrections.
The images of the products on our website are for illustrative purposes only. Although Topless Beachwear constantly adopts measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer you are using. As a consequence, the Seller will not be responsible for the possible inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
4 - PRODUCTS
The availability of products refers to the actual availability at the time the customer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.
Even after sending the order confirmation e-mail sent by Topless Beachwear, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the customer will be informed immediately by e-mail.
5 - PAYMENTS
Any payment by the customer can only be made via credit cards via PayPal at www.toplessbeachwear.com.
Topless Beachwear offers customers who have a Paypal account the possibility to make payments using email and password with which they are registered on www.paypal.com. Paypal allows payment by credit cards, prepaid cards or through a bank account.
6 - SALES PRICES
The validity of the indicated prices is always and only the one indicated by the website at the time of purchase and relative confirmation of the order. Product prices and shipping and delivery costs may vary without notice. It is, therefore, necessary to ascertain the final sale price before submitting the relevant Order.
All orders are shipped directly from Italy. The prices of the Products and shipping costs indicated on the website and in the order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes, not previously calculable, if the shipment takes place in extra-UE countries or in countries where the current legislation provides for import charges.
These costs are therefore charged to the customer and must be paid directly upon delivery of the products.
7 - YOUR RIGHT TO TERMINATE A CONTRACT
Only if the Customer who signs the contract is a Consumer (meaning any physical person using the website for purposes unrelated to any business or professional activity), he will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within ten (10) days, starting from the day on which the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods. The term is considered respected if the Customer sends back the goods before the expiry of the 10-day period.
Should the conditions read above apply, the customer may terminate his contract with Topless Beachwear. Your rights at the time of the conclusion of the contract will depend on the products purchased, any defects reported by them, the manner in which Topless Beachwear is executing the contract and the moment the resolution is exercised:
If what you have purchased is defective or incorrectly described, you may be entitled to terminate the contract (or to repair or replace the product, or to reimburse part or the full amount of money spent);
If you terminate the contract for different a reasons (read below) the contract will be considered terminated immediately and we will fully refund the cost of products that have not been provided, together with any compensation. In particular, this will take place if you have received a communication regarding:
-An imminent change to the product or to these Terms, which you do not intend to accept;
-An error in the price or in the description of the product ordered and you do not wish to proceed with the purchase anyway;
-The possibility that the delivery of products may be significantly delayed due to events beyond our control;
-The suspension of the supply of products for technical reasons or the notification by us of the imminent suspension of the same for technical reasons, in any case for a period exceeding 30 days.
8 - RESPONSIBILITY
Topless Beachwear assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.
9 - ACCESS TO THE SITE
The client has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of Alessandra Radice and Topless Beachwear and are protected by the right of intellectual property.
10 - USE OF PERSONAL DATA
For Alessandra Radice ("Topless Beachwear") your privacy and the security of your personal data are very important, so we collect and manage your personal data with the utmost care and take specific measures to keep them safe.
For detailed information on how Topless Beachwear manages your personal data, please read our Privacy Notice.
Some services may be subject to specific legal terms, in which case we will give you all the appropriate information from time to time.
The website uses "cookies". Cookies are electronic files that record information relating to the navigation of the customer in the site (pages consulted, date and time of consultation..) and that allow Topless Beachwear to offer a personalized service to its customers.
Topless Beachwear informs the Customer of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
12 - APPLICABLE LAW, SETTLEMENT OF DISPUTES AND JURISDICTION
These Terms and Conditions are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the Terms and Conditions are subject exclusively to Italian law (without prejudice to any other prevailing mandatory rule of the country of habitual residence of the customer) and any disputes concerning and/or consequent to them must be resolved exclusively by the Italian judicial authority.
In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
General sales conditions updated on May 24th 2018
13 - CHANGE AND UPDATE
The Seller may make changes or amendments to these Terms and Conditions at any time. Therefore, the Customer will only be required to accept the Terms and Conditions in effect at the time of its purchase. The new Terms and Conditions will be effective from the date of publication on the website www.toplessbeachwear,com and in relation to purchasing orders submitted after that date.