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General terms and conditions
Introduction
This section provides information about conditions of use for the website www.fashiondealer.com (hereinafter “website”, “we, “us”) and the terms and conditions (hereinafter “conditions”) that govern the use of this website and the agreement related to services and operations for the buying and selling of products between the website and its business customers (hereinafter “customers”, “you”).
Customers should review the General Terms and Conditions, which are amended from time to time, as well as the Privacy Policy and Cookies Policy on this website before making any purchases. By using this website or placing an order through it you are consenting to be bound by these conditions. If you have any questions about the conditions, please contact us using our contact web form.
Next Trade S.r.l. is an Italian company with its registered address at Via Coriano 58-Blocco 93/P, 47924 Rimini, Italy. Our VAT number is IT10862790010.
Use of website
These conditions are applicable to the use of our website and replace all other conditions that have not been expressly accepted in writing, except for specific conditions which must be expressly agreed in writing between the parties.
You agree that, by placing your order, you unreservedly accept these conditions, having read and understood them. These conditions are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us. You agree that:
- You may only use the website to make legitimate enquiries or orders.
- You may only place orders as a professional buyer/reseller and you will provide us legitimate proof, such as a valid VAT number (for professionals within the European Union) or any other tax legitimation (for professionals outside the European Union).
- You will not make any speculative, false or fraudulent orders. If we have reasons to believe that such an order has been made, we are entitled to cancel the order and inform relevant authorities.
- You undertake to provide correct and accurate email and contacts and acknowledge that we may use these details to contact you if necessary. Otherwise, we may not be able to complete your order.
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Products
Our products are proposed within the limits of stock availability as indicated on the website. While we try to ensure that the quantities on the website are accurate, errors may occur. We are not responsible for any warehouse stock errors for which some items may no longer be available for sale as well as for the conclusion, in part or in whole, of the order received. In this case we will inform you by email of any delay, partial delivery or cancellation of the product and we will refund the full price received, if the case.
We are not responsible for any error or difference in the descriptions, technical specifications or finishes shown in the photographs due to changes made by the manufacturers and/or amendments made to the products. You will not have any right to complain, under any circumstances if, under the above terms, the product supplied differs from that published on the website.
Orders
Once the registration process has been completed, you can place orders through our website. The making of a purchase supposes your full acceptance of the prices, the description of the products for sale and the current conditions.
Having completed your purchase, you will receive an email from us confirming the receipt of your order, as well as providing a unique order number.
Depending on the payment method selected, your order will be assigned one of the statuses:
- When choosing instant payment methods, the order gets automatically the status “Confirmed” after the successful payment completion;
- When opting for bank transfer, the order status first appears as “Booked”, then we assign manually the status “Confirmed” once we get paid.
Once our warehouse starts to prepare the goods the status changes to “Working on”.
You get notified again when your order status is “Ready”, at this stage your order is ready for dispatch with delivery documents and carrier labels prepared.
The status is changed to “Dispatched” when goods are delivered either by us or you choose the pick-up with your own carrier.
You can always check the status of your orders on the website in My Profile area.
If you choose to pay by bank transfer and fail to provide a proof of payment, the ordered goods are not reserved, and your order will be automatically cancelled after 5 days from the date of receipt.
Risk and title
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
Price
The prices of products will be displayed on our website. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it.
There is a minimum order amount on our website of 500 Euro, excluding VAT.
The prices on the website are VAT and delivery costs excluded, which will be added to the total amount due. The customer must pay any taxes or customs duties, etc. levied on the order in the country of receipt.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
Payment
We accept payments by credit or debit cards (using Stripe), bank transfer and PayPal.
The availability of these payment methods depends on the geographical location of the buyer or recipient.
Payment by instalments is not allowed.
In case of payment with credit or debit card, the information from the customer’s credit card or financial information will at no time be known by us. Such information is transmitted through a secure and safe connection to an online portal for the bank or finance company provided by the customer. Therefore, we will not be held responsible for any fraudulent or illegal use of credit cards which may potentially occur during the transaction of a purchase. Should the provider or institution issuing the credit card refuse payment for any reason, we cannot not be held responsible for any delay or non-delivery of items.
Should PayPal be used as a method of payment, customers will be directed immediately to the PayPal login page in order to complete their order. For each order paid with the PayPal account, the customer will receive (by email) confirmation from PayPal directly. We reserve the right to cancel and/or suspend the order if PayPal sends us an email message showing errors and/or irregularities in the payment. In such an instance, we reserve the right to request additional information from the customer, as well as the sending of documents to prove the ownership of credit cards. We also reserve the right not to accept the order without any right for the customer to claim damages.
For payment with bank transfer, we provide customers with a payment reminder and customers may send a copy of the confirmation of the payment to avoid their orders being cancelled while the payment receipt is still pending. Orders where payment has not been received within 5 days may be cancelled.
Should the customer cancel an order reserved with payment by credit card, bank transfer, or PayPal, we will reimburse through the same chosen method of payment made by the customer, therefore requests for other refund methods will not be permitted under any circumstances.
Customer data is processed in a manner that prevents third parties from coming into contact with them. To increase security further, customers should strive to use an internet provider such as Internet Explorer, Google Chrome, Mozilla or Safari. Until the time in which customers confirm any order, the data surrounding credit card details will reside exclusively on the customer’s computer or device.
Invoicing
For credit card payments, an invoice will be issued at the time of payment.
For customers who choose to pay by bank transfer instead, the invoice will be issued on confirmation of payment.
Value added tax (22%):
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to the Value Added Tax (VAT). Check the applicable VAT rules:
- VAT (22%) applied: for national (Italian) customers and customers of the European community who are unable to provide a valid VAT number on the VIES register.
- VAT exempt pursuant to Art. 8(c) usual exporters: Italian customers with letter of intent (nr. of letter of intent received and registered is required).
- Intra-CEE VAT exempt pursuant to Art. 41: for customers from the European Community, only if a valid VAT number on the VIES register is provided, check VIES link.
- Extra-CEE VAT exempt pursuant to Art. 8(a): for customers outside the EU; all local duties and taxes will be charged to the recipient at the respective customs.
The registration form on the website requires the registrant company’s VAT number to be included. Customers qualified for VAT exempt and failing (for any reason) to provide a proof of VAT exempt by the time when the tax invoice is issued, the VAT rate of 22% will be automatically and irreversibly charged on their order and invoice.
Dispatch and shipping
The dispatch of goods is made to the address indicated by the customer at the time of purchase.
Dispatch times will be indicated on the website and may vary depending on the payment method chosen. Typically items available on stock are ready to be shipped within 2-3 business days from the receipt of payment (order status “ready”). For unforeseen reasons not dependent on our will, the order may be subject to further delays in the preparation process, in which case we will promptly notify customers.
Shipping times and costs will depend on the destination and the transport option chosen.
We offer multiple transport options: DHL, FedEx, TNT as well as local shippers depending on destination and the goods being shipped. We also allow customers to pick up goods using their own transporter.
Shipping costs are calculated by the website during the checkout.
For shipments to countries outside the European Union, customs duties and customs fees may be applied depending on the regulations of the country of destination of the goods. The customer is invited to contact their local customs office for further information on this.
The timescales given are estimates and are not binding. Any delay in the delivery time does not give customers the right to claim any direct or indirect damages, reject the order or suspend compliance of any obligation, especially the payment.
We are not responsible for the total or partial non-delivery, or the delay of our obligations to the customer if this is caused by an unforeseen event or an act of God which affects us, our suppliers or shippers equally. These include strikes, other labour or industrial events, lack of, or impossibility of acquiring, products, etc. We reserve the right to cancel and void any products in transit without giving rise to any compensation in favour of the customer.
Receipt, returns and refunds
At the time of receipt, the first thing you should do is check that the number of received packages matches those sent. Second, carefully inspect each package externally to see if there are any signs of it having been hit or mishandled, such as bumps, dents, holes, boxes in poor condition, courier seals or any sign that may lead to suspect that the goods may be damaged. If these signs are present it is mandatory to leave a note and signature on the courier's delivery note (on paper or digital) - not signing a package as “VISIBLY DAMAGED” and then presenting images that show visible damage to it will mean the incident will automatically be rejected.
It is always the Addressee’s responsibility to verify that the receipt of the goods corresponds with the order, that the information on the invoice is correct, and that the condition, documentation, and packaging are intact.
We do not buy back the products that our customers were not able to sell in their shops, or which may have been returned by their end-customers. If any of your end-customers wants to return a product in perfect condition and you accept the return, it will be your responsibility to deal with these products.
We accept returns only for defective or non-compliant items (wrong style, colour, size or quantity). In the event that a situation such as that mentioned in the above clause should occur:
- Send your claim by email to support@fashiondealer.it within maximum 10 business days after the receipt date of the product by including such details as order number, product code and reason for non-compliance: wrong style, colour, quantity or defect (attach photo evidence).
- After having received your claim in due course, we verify and will contact you promptly with a suitable proposal (replacement, refund, discount or other).
- If the return is authorized, we provide you with a return tracking number to attach on the package, and ask you to ship the defective/wrong item back to us.
- You prepare the package in optimal conditions and put the defective products inside. Keep in mind that the original boxes of the products themselves must arrive intact, without stickers or damage. Therefore, it is essential to reinforce cardboard boxes and seal them well. Finally, you attach the return tracking number to the packages and ship the goods to our address.
- We check the returned goods and their condition to match the return request.
- We confirm the receipt of the goods and issue the credit note or process the refund payment (see below details).
Return requests are accepted not later than 10 business days following the date of receipt of the products, we reserve the right to reject returns that are claimed after this period. If this time elapses without the return request having been made, it will be deemed that the merchandise has been received by the Addressee in perfect condition and quantity.
Requests received through incorrect channels or emails or without the required documentation will be ignored automatically.
All returns must be in the perfect original condition as the original shipment, along with any original attachments such as tags, box, or dust-bag. We have the right to refuse returns if the products have been worn or washed and with a used scent. For declined returns, the order will be shipped to the customer and any additional shipping charges will be invoiced.
The product warranty covers factory defects and in no case covers wear or damage. We will only return the money from the products that have a factory defect, so you should inspect those that show any signs of wear or damage closely. In the event of damaged packaging or with courier seals, 100% of the value of the product will not be returned - in fact for products returned without or with a damaged packaging, or with transport labels that make the packaging unusable only 50% of the product's value will be refunded. Therefore, it is important to protect the returned products with an extra cardboard box so as to not damage the product's own packaging.
If the material evidence provided by you is not sufficient to authorize the return request, we reserve the right to ask you to send us disputed products at your expense, for verification and final decision. If the product presented as defective has no real defect, we will notify you that no refund will be given and will ask you to take the product back on your own expense.
We reserve the right to replace or refund the defective product, depending on which is most convenient. If refund is confirmed, it can be done in two ways, depending on which is most convenient method agreed with the customer:
- By immediate credit note (credit is automatically deducted when a new order is placed).
- By bank transfer within maximum 3 weeks from the receipt of the returned product.
For customers from the European Union, we offer free collection service for validated return requests of damaged and/or faulty products, arranged by our Customer Service team. For customers with ongoing collaboration, we will organize a free pick-up every two months as long as they have reached 100 Euro of cost. If this amount is not reached, we may postpone the collection for up to 6 months. If a customer decides to return the products outside these conditions, the customer will pay for any costs incurred and must notify us of this decision so we can process the return.
The free collection service will not be applicable in non-EU countries where the customer must send the goods to the mainland, bearing the shipping costs and indicating "defective merchandise - NO COST" on the invoice.
Guarantee
Products which have their own authorised technical assistance network will remain subject to the conditions and procedures of the guarantees established for these.
As a general rule, we offer to customers a 24-month product guarantee, according to European law, which only covers any manufacturing defects the product may have.
Reconditioned products have 12 months of warranty. These products are classified according to their condition and complaints relating to the condition described will not be accepted.
Defects caused by negligence, hits, misuse, tampering, wear or tear, are not included in the guarantee.
If the product presented as defective has no real defect, we will notify you that no refund will be given and will ask you to take the product back on your own expense.
Condition of sale of branded products
We are not the official distributor of the brands and only act as a reseller within the channel of sale in the European Economic Area.
Our suppliers have expressly guaranteed that their products have not been modified or altered and have free transit and circulation within the European Common Market. These products are protected by the free trade principle within the European Union and can be legally marketed by their customers.
Customers can market these items within their market, but they should understand and respect local legislation relating to the brands within the different channels. If these are not respected, the customer will be the only party liable for any damages caused to the owners of the brands.
We are aware of all the brand images and will not prejudice the good names of the brands under any circumstances. We remind our customers of their obligation to respect the correct marketing of these and urge them not to adulterate the images or the brand positioning. In this respect we advise customers to market the products by following these rules:
espect the prestige enjoyed by the brands.
Provide a space for each brand to enhance and protect their positioning and distinctiveness.
Be aware of any potential restrictions within the shopping channel, respect the selective distribution, by complying with the specific qualitative conditions required by the marketing so that the products resemble the offline channel.
Respect any possible restriction imposed and notified by the brand or any specific clauses for the sale of their products.
Provide the end-customers with a service in accordance with the image of the brands.
The rights to branded product images and contents is protected through intellectual property legislation, which should be respected by the customers at all times and can be exploited strictly and exclusively for commercial purposes and only during the time in which the commercial relationship exists between us and the customer. In this respect the images from our website are solely used to facilitate the marketing of products purchased through the website. The use of graphic material and content is totally prohibited unless the customers purchased the respective products on our website, in which case they are only allowed to use them for a period of three (3) months since the respective items were purchased, after which the customers are required to immediately cease its use and destroy any copy that remains in their possession. The dissemination of images to third parties is totally prohibited, and customers are required to take any necessary measures to prevent any fraudulent use of these.
We will not be responsible in any way or for any cost, charge or damage incurred as a consequence of any breach by the customer of his obligations as stated in the current conditions, nor the violation by the customer of any legislation or regulations relating to consumer protection, health and public order.
We reserve the right to suspend the accounts of customers temporarily or permanently if they do not comply with the conditions of sale, as compliance is the responsibility of the customer.
Privacy policy
We recognise the importance of protecting the privacy and rights of our customers and guarantee that their data will be used correctly and will fully respect current legislation.
On registration on the website, the customer expressly agrees to the processing of their personal data.
Customers are advised to review the Privacy Policy and Cookies Policy.
Property
This website is the property of Next Trade S.r.l., as are all the rights to its content, images, text, design and software. All the elements of this website, including and without limitation, its design and its content are protected by Intellectual Property legislation, Industrial Property and international treaties referring to the Rights of the Author.
Unless explicitly authorised by us, you are forbidden to reproduce, transmit, or exploit the content of this website in any manner.
Law and juridiction
Contracts for the sales and purchase of products through our website will be governed by the Italian law. Any dispute arising from, or related to, such contracts will be subject to the non-exclusive jurisdiction of the Italian courts.
Additional information
We have the right to revise and amend these conditions from time to time and as a result, will be effective from the date of its publication on www.fashiondealer.com
Customers wishing to make a complaint must address their issues at support@fashiondealer.it or to Next Trade S.r.l. offices in Via Coriano 58-Blocco 93/P, 47924 Rimini, Italy.