Shipping policy
Please read these terms of use and sale carefully before using the website https://www.jon-flower.com/ (hereinafter referred to as the "site") and making any purchases therefrom. The products marketed on the site (hereinafter the "products") are offered and sold by ARCADY SRL, with registered office at Largo promessi sposi 2, 20142 Milan (Italy), VAT number 13932030961, REA MI2751956, paid-up share capital of EUR 10,000. These terms of use and sale concern the use of the site and the purchase of products through it and are stipulated between the user and ARCADY SRL.
By using the site or purchasing the products, you declare that you have read and understood the terms and conditions of these conditions of use and sale and that you accept each provision fully and unconditionally. Full acceptance of the conditions of use and sale is a necessary condition for using the site and purchasing the products. If you do not intend to accept these conditions of use and sale, you are invited not to use the site, not to create a personal account, nor to make purchases on it. ARCADY SRL expressly reserves the right to modify and/or integrate these conditions of use and sale to ensure compliance with the applicable regulations and provisions and to adapt the conditions of use and sale to the reasonable business needs of ARCADY SRL.
It is understood that these conditions of use and sale and the site may be subject to changes at any time for technical improvements. If you make a purchase on the site, the conditions of use and sale applicable are those in force on the date of purchase. In the event of changes, the most up-to-date version of the conditions of use and sale will be available for consultation by clicking on the hyperlink "Terms and conditions" on the site and will in any case be submitted to you before the conclusion of the first purchase following the change. These conditions of use and sale do not regulate the sale of products and/or the provision of services by parties other than ARCADY SRL that are present on the site via links, banners or other hypertext links. ARCADY SRL does not carry out any control over the contents that can be consulted via such links. Therefore, before carrying out commercial transactions with such parties, check their conditions of use and sale. In any case, ARCADY SRL is not responsible for the provision of services and/or for the sale of products by such parties, nor for the contents of such sites and for any errors, omissions and/or violations of the law by the same.
PURCHASES ON THE SITE
To purchase products on the site: You must be over 18 years of age or the age of majority according to the applicable law. By making the purchase and accepting the conditions of use and sale you declare that you are over 18 years of age. You must be a consumer, that is, you must be a natural person and you must act for purposes other than any entrepreneurial, commercial, artisanal or professional activity that you may carry out. Therefore, all purchases you make on the site are intended for personal use and not for resale and are subject to Italian law Decreto Legislativo 6 settembre 2005, no. 206, as subsequently amended (so-called Consumer Code). It is not necessary for you to be registered on the site, but keep in mind that registration on the site could allow: fast payments, multiple shipping addresses, order tracking, discounts, benefits and more. The prices shown on the site, expressed in Euros, include VAT. You will however be provided with all necessary information on shipping costs. Prices are subject to change. In case of multiple simultaneous promotions, the discounts cannot be combined with each other.
SENDING THE ORDER AND CONCLUDING THE CONTRACT
When you place a purchase order on the site using the “Complete your order” button, you are sending a contractual purchase proposal to ARCADY SRL, which does not constitute the conclusion of the contract. ARCADY SRL will send you, to the email address indicated at the time of the order, a communication with the confirmation of receipt of the order. This email does not constitute acceptance of the proposal, but only confirmation of having received the order following which ARCADY SRL will be able to verify the availability of the product or products and possibly verify the payment method indicated by you. The sales contract will be considered concluded when you receive the email confirming acceptance of the order (provided that the payment is successful), containing these conditions of use and sale and the information on the product or products ordered, including the price paid. If, for any reason, the payment of the price is not successful, the order will not be processed and will be cancelled and the contract will not be concluded.
PRODUCT AVAILABILITY
Products are numerically limited and you are therefore aware that ARCADY SRL will have to verify their availability at the time of sending the purchase order. Although ARCADY SRL does everything in its power to verify the availability of products, occasionally inconveniences may occur related to the availability of some products. In such circumstances, ARCADY SRL will inform you via email promptly. In the event of unavailability of the product, you will be refunded. If the order consists of multiple products, the available products will be shipped and you will be refunded for the amount equal to the cost you paid for the unavailable products.
SHIPPING POLICY
ARCADY SRL delivers via couriers.
SHIPPING GEOGRAPHICAL AREA
ARCADY SRL ships to the 27 member states of the European Union.
DELIVERY TIMES
ARCADY SRL delivers to the European Union in 3-5 working days. Islands, poorly served locations and remote areas may require longer delivery times.
SHIPPING ADRESS
In order to guarantee correct delivery times, we ask you to correctly fill in all the data required for the shipping address. We ask you to enter the name of the company, offices or public activities and their opening hours when it is not a home delivery. ARCADY SRL is not responsible for any errors or omissions in the customer's address. For any information you can contact our customer service: info.jonflower@gmail.com
DAMAGED OR TAMPERED PACKAGING
If you receive damaged or tampered packaging, we ask you to refuse the delivery or, if necessary, to sign the control reservation. It is strongly recommended to photograph the packaging, before and after opening. If the products are damaged, please contact the courier who delivered them and inform customer service at: info.jonflower@gmail.com It is understood that you will in any case be entitled to the legal guarantees provided for by the consumer code, where applicable.
RIGHT OF WITHDRAWAL
You can request a return by exercising your right of withdrawal, without any penalty and without specifying the reason, for any product purchased on the site within 14 days from the delivery date according to the methods described below. You must return the product or products in their original condition, unworn, undamaged and unused, with all tags attached. If the above conditions are not met, we will not proceed with the refund. In this case, the product will be returned to you at your expense, unless you expressly communicate otherwise. After this shipment, it will no longer be possible to return the order. You must ship the product or products within 14 days from the date on which you communicated to ARCADY SRL your decision to exercise the right of withdrawal. We ask you to ship the products in our shipping box. If you cannot use the box received, you can return the products in a different box. Products purchased with the same order for which you exercise the right of withdrawal must be shipped in a single shipment. Therefore, you will have to return all the products relating to the same order together, for which you have exercised the right of withdrawal. However, this does not affect your rights as provided for by the consumer code regarding withdrawal. We will refund you the amount of the order or part of the order you returned. We will support you in managing the shipment, but you will be responsible for the shipping costs. If, on an exceptional basis, you have to return products purchased with the same order separately, we will still refund you the amount of the order.
HOW TO EXERCISE THE RIGHT OF WITHDRAWAL
If you created an account before making a purchase, log in using the credentials previously entered. Select the order you wish to return from the "Orders" section and click on "Return".
Once the procedure is completed, you will receive an email with confirmation of receipt of the return request and the related instructions for organizing the collection (for example, instructions for printing the return label). If you purchased as a "guest", create an account using the same email address used to place the order. Check your inbox (and spam folder) because you will receive an email asking you to confirm your email address. Enter the credentials chosen for access. In the "Orders" section, select the order you wish to return and click on "Return". Once the procedure is completed, you will be sent an email with confirmation of receipt of the return request and the relevant instructions for organizing the collection (for example, instructions for printing the return label Or you can send a communication that clearly expresses your desire to withdraw from a particular order to the address info.jonflower@gmail.com
REFUND IN CASE OF WITHDRAWAL
The refund is issued on the same payment method used for the purchase. The time required to display the amount on the credit card may vary depending on local banking procedures. For credit cards, the time depends on the credit issuer. As soon as the refund is issued, we will send you a confirmation email. In case of imminent expiration of the credit card, the refund will be made by bank transfer to the details sent by the customer. ARCADY SRL is not responsible for failure to communicate the expiration of the credit card and refunds made on expired cards. For purchases via PayPal, the refund will be issued directly to your PayPal account. You will receive a confirmation email from us once the refund has been requested.
LEGAL GUARANTEE OF CONFORMITY
The Products sold on the site are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Italian Consumer Code. ARCADY SRL is liable to you for defects of conformity, as defined by the Consumer Code existing at the time of delivery of the product. The action aimed at asserting defects not fraudulently concealed expires, in any case, within twenty-six months of delivery of the goods. Unless proven otherwise, it is presumed that the defects of conformity that appear within one year of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of conformity. After one year from delivery of the product, it will be your responsibility to prove that the defect of conformity already existed at the time of delivery of the same. In order to benefit from the legal guarantee, you will therefore have to provide proof of purchase and the date of delivery of the goods. Therefore, it is advisable that, for the purposes of such proof, you retain the invoice or purchase receipt, as well as the transport document or any other document that can certify the purchase and the delivery date. Without prejudice to the above, any faults or malfunctions caused by external and accidental events or by your responsibility or by use of the product that does not comply with its intended use and/or with what is provided in the documentation attached to the product are excluded from the scope of the legal guarantee.
REMEDIES AVAILABLE TO YOU
In the event of a lack of conformity falling within the legal guarantee, you have the primary right to the free repair or replacement of the goods, at your choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other. Secondly, to the proportional reduction of the price or termination of the contract (with reimbursement by ARCADY SRL of the amount you paid for the purchase of the product), at your choice, in the event that ARCADY SRL has not carried out the repair or replacement, or has refused to carry it out because it is impossible or excessively expensive. Or in the event that a lack of conformity occurs, despite the attempt by ARCADY SRL to restore the conformity of the goods. Or in the event that the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the sales contract. Or in the event that ARCADY SRL has declared or it is clear from the circumstances, that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience for the consumer. Without prejudice to other remedies, ARCADY SRL may oppose the termination of the contract if it proves that the lack of conformity is only minor.
WHAT TO DO IN THE EVENT OF LACK OF CONFORMITY
In the event that a product purchased on the site, during the period of validity of the legal guarantee, shows what could be a lack of conformity, contact customer service at info.jonflower@gmail.com who will provide you with the necessary information. ARCADY SRL reserves the right to ask you to attach to the request to exercise the legal guarantee the receipt or purchase invoice and/or the transport document or other document proving the date of purchase and the delivery date. ARCADY SRL also reserves the right to carry out the verification of the existence or otherwise of the defect complained of once the product has been received.
LICENSE
With these conditions of use and sale, ARCADY SRL grants you the non-exclusive, non-transferable and limited right to use the site in accordance with the methods of use expressly permitted by the site and governed by these conditions of use and sale. You must comply with any limitations on the site without altering the site in any way. In particular, except as provided by mandatory provisions of law, you will refrain from, by way of example, the following activities: circumventing the technical limitations on the site, decoding, decompiling or disassembling the site. It is expressly understood that ARCADY SRL reserves all rights not specifically licensed in accordance with these conditions of use and sale. Except as expressly permitted by these conditions of use and sale, you may not use the site to provide any commercial service. You may not use the site to develop a product that competes with the site itself or with ARCADY SRL. You may not use any automated access tools, such as spiders or robots, or scrape the site or collect information or data from the site. You may not allow third parties to access or use the site, except as may be provided in these terms of use and sale. You may not use unauthorized or third-party login credentials.
CONTENTS, USE OF THE SITE AND INTELLECTUAL PROPERTY
The site and the contents are the property of ARCADY SRL or its licensors. The site and the contents are protected by national and international legislation on copyright, registered trademarks, designs and models, protection of software, databases and domain names or any other legislation on intellectual and industrial property rights. You may not reproduce, except for purposes related to personal use and within the limits set by the applicable laws in force, publish, communicate to the public by any means of communication, transmit, perform, represent, distribute, display, remove, delete, add or in any other way modify the site or the contents, as well as create works inspired by them or derived from them, commercialize the site and/or the contents and/or take an active part in their commercialization, unless there is express and prior authorization from ARCADY SRL.
It is expressly forbidden to damage, interfere with or interrupt access to the site and its contents, or to take actions that could alter the functionality or interfere with the access of other users to the site or its contents, as well as to use the site or its contents in an illegal or harmful manner for ARCADY SRL, or for any third party, including any other user of the site. The web pages that make up the site may allow access, through hyperlinks, to third-party websites or resources present on the Internet. ARCADY SRL cannot be held responsible for damages occurring from third-party sites connected through the links, nor for any damages that may arise to you and/or users in relation to the contents or materials or products offered or obtained by you through the aforementioned sites.
DISCLAIMER AND LIMITATION OF LIABILITY
By using the site, you expressly acknowledge and accept that the site is provided in its actual state at the time of its use. ARCADY SRL, within the limits provided by applicable law and without prejudice to the provisions of this section, does not provide any guarantee, explicit and/or implicit, in relation to the site such as, by way of example, any guarantee of safety from malicious software (i.e. malware and/or viruses of any kind) or guarantees of marketability or suitability for particular purposes. ARCADY SRL cannot be held in any way responsible for damages resulting from the use of the site and the purchase and/or use of the products, except as mandatorily provided by applicable law.
Any content downloaded, created or otherwise acquired from or through the site is obtained at your sole discretion and risk. You are therefore solely and exclusively responsible for any damage that may occur to your devices or for the loss of data resulting from the use of the site. To the maximum extent strictly required by applicable law, through the use of the site you undertake to bear all risks associated with such use and to assume full responsibility for any failure to use, loss of data and costs associated with any assistance and/or repair activities of the hardware and/or software used in relation to the site, also undertaking not to hold ARCADY SRL responsible in any way for any damages arising from or caused by the use of this site or related to it.
INDEMNITY
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless ARCADY SRL, its affiliates, directors, managers and assigns from any and all liability arising from financial and non-financial damages suffered by them or by any third party and in any way arising from negligent use of the site and the products, or in any case in violation of any article of these conditions of use and sale, or arising from the violation of any applicable law or any third party rights.
APPLICABLE LAW AND COMPETENT COURT
These conditions of use and sale are drawn up in accordance with Italian law and are governed by it, with the exclusion of any applicable rules of private international law. Any dispute arising from the interpretation, validity, execution, fulfillment or termination of these conditions of use and sale will be subject to the exclusive and mandatory jurisdiction of the judge of the place where you have residence or domicile. In any case, you can resort to the extrajudicial dispute resolution procedures, pursuant to Articles 141 to 141-decies of the Italian Consumer Code. The European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr
PROTECTION OF PERSONAL DATA
ARCADY SRL takes particular account and pays the utmost attention to the protection of your personal data. ARCADY SRL processes your personal data in accordance with the provisions of the applicable law and as provided for by its privacy policy accessible at the link “Privacy Policy” available on the site and which forms an integral and substantial part of these conditions of use and sale.
MISCELLANEOUS PROVISION
These conditions of use and sale constitute the entire agreement between you and ARCADY SRL and replace any previous or contemporaneous condition, agreement or declaration, whether verbal or written, relating to the subject matter of these conditions of use and sale. If one or more clauses of these conditions of use and sale were to be declared invalid or ineffective according to the applicable law, such invalidity or ineffectiveness will not produce effects with respect to the remaining clauses of these conditions of use and sale which will remain valid and effective between you and ARCADY SRL. ARCADY SRL will retain the right to replace the clause or clauses eventually declared invalid or ineffective with other clauses in accordance with the applicable law. Neither you nor ARCADY SRL will be considered in breach of these conditions of use and sale, due to a delay or failure to perform its obligation, resulting from any event beyond your reasonable control or that of ARCADY SRL provided that the affected party gives notice to the other party in a reasonably timely manner of the force majeure condition and makes reasonable efforts to reduce the delay or failure. Any communication from you to ARCADY SRL relating to these conditions of use and sale must be addressed to the contact info.jonflower@gmail.com