Purchase policy & Conditions
1.Introduction
The present general sales conditions (hereinafter "General Sales Conditions") govern the contractual relationship between Atelier 55 di Aranki Vera, with registered company in Via Lomazzo no. 55/ 20154 Milan/ Italy (hereinafter "Atelier 55" or "Seller") and the customer (hereinafter "Purchaser") for the sale of products marketed by the Seller through the websites www.atelier55.it, www.dudie.it, www.sphytious.com, (the "Sites").
The General Sales Conditions may be modified by the Seller. It is understood that in the contractual relationship between the Seller and the Buyer the version of the General Sales Conditions applied is the one published on the websites www.atelier55.it, www.dudie.it, www.sphytious.com.
Atelier 55 di Aranki Vera is a registered company at the Chamber of Commerce of Milan with registration number MI-2509640 and VAT no. IT10147570963
The Buyer may request information, send communications or make complaints by contacting Atelier 55 customer service at the following addresses:
Postal address: Atelier 55 di Aranki Vera
Via Paolo Lomazzo, 55
20154 Milan/ Italy
Ph. + 39 0239445861
e-mail: info@atelier55.it
2. Purchases on the Site and acceptance of the General Sales Conditions
Registration on the Site is free of charges. Registration however is not mandatory for the completion of the transaction. To register on the Site, the user must complete and submit the appropriate registration form, entering a name, a surname, an e-mail address, a password and a home address. The registration will be confirmed to the user by e-mail.
The registration credentials must be used only by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He/ she must immediately inform Atelier55 if there is the suspect of improper use or improper disclosure of the same.
The user guarantees that the personal information provided during the Site registration process is complete and truthful and agrees to indemnify Atelier 55 from any liability for damages and / or sanctions and / or damages in which it may incur due to the violation by the user of the rules governing the registration and the purchase of the Products on the site.
Each user can have only one registration. Therefore, if it turns out that more registrations to the Sites are attributable to the same user, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, Atelier 55 reserves the right to terminate the contracts concluded by the user.
Registration allows customers to perform the following activities:
Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, the consumer is the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out. Under no circumstances may resellers or wholesalers make purchases on the Sites or, in general, all those who intend to purchase the products offered for sale on the Sites for the purpose of subsequent resale. It is therefore forbidden for these subjects to register on the Sites and / or make purchases on the Sites. Atelier 55 reserves the right, in any case, not to accept orders that are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Sites.
Atelier 55 reserves the right to refuse orders that come from
By completing the purchase order on the Sites, costumer declares to unconditionally and fully accept the “General Sales Conditions”, which undertakes to print or save electronically pursuant to the provisions of Article 53 of Legislative Decree 6 September 2005, n. 206 ("Consumer Code").
3. Information directed to the conclusion of the contract
In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Atelier 55 informs customers that:
- to conclude the purchase contract for one or more Products on the Sites, the user must complete an electronic order form and send it to Atelier 55 electronically, following the instructions that appear from time to time on the Sites;
- the contract is concluded when Atelier 55 registers the order form, that is when the order form reaches Atelier 55’s server;
- before proceeding with the transmission of the order form, the Purchaser may identify and correct any errors in data entry by following the instructions from time to time indicated on the Sites and which will accompany the various phases of the purchase;
- once the order form has been registered, Atelier 55 will send to the Purchaser an order confirmation e-mail containing: information on the essential characteristics of the product purchased, a detailed indication of the price, the method of payment, delivery costs and any extra additional costs. It is understood that the “General Sale Conditions” and the right of withdrawal have been accepted at the time of the purchase;
- the order form will be stored in the Atelier 55 database for the time necessary for the execution of the order and, in any case, according to relevant legislation. To access order form, the Buyer must access his/ her reserved area using registered credentials and click on "Orders placed" and following the step by step instructions that appear in that section. The summary of the instructions for accessing the order form will in any case be reported on each order confirmation email.
The languages available to users for the conclusion of the contract are Italian and English.
4.Products
The products covered by the contractual relationship governed by the “General Sale Conditions” are items of clothing, garment and fashion accessories for Woman, kids and family wear (hereinafter collectively "Products" or individually "Product") present on the electronic catalog published on the Sites at the time the order is made by the Buyer.
The images and descriptions of the Products published on the Sites reproduce as closely as possible the real characteristics of the Products. It is understood that these images and descriptions may not be perfectly representative of the Products and must therefore be considered as indicative and within the tolerance range in use. The availability of the Products for sale is automatically updated by Atelier 55’s automated system. However, since the Sites can be visited simultaneously by several users, it could happen that several Buyers make the purchase of a specific Product at the same time. In the case of simultaneous purchase of the same Product, therefore, it may occur that the automated system could carry out the update with few minutes of delay, signaling as available a Product that has actually just been used up.
If the Product proves unavailable, for the reasons indicated above, a communication will be sent to the Buyer's e-mail address within a maximum of 4 working days and the amount paid by the Buyer (consisting of the purchase price, shipping costs , if applied, and any other additional cost) will therefore be reimbursed in full, in the manner described in art. 6.
5. Prices
The prices indicated in the electronic catalog published on the websites are inclusive of VAT.
The Seller reserves the right to update the prices of the Products. It is understood that the price applied to the contractual relationship between the Seller and the Buyer will be that indicated on the websites at the time the order is placed by the Buyer.
In the event that the price of a Product is discounted and on the Sites the discount percentage and / or the full reference price is indicated, this indication will be formulated with reference to the price normally charged in Sphytious / Dudie physical stores in Italy as well as on the Sites.
Delivery costs of the Products referred to in Article 7 below shall be borne by the Buyer. The entity of these cost, which may vary in relation to the weight or to the qualified “Remote Delivery areas” (ex. islands), will be indicated on each page of the Sites, at each navigation level and, in any case, before the Buyer transmits the purchase order.
6. Payments
Product payment can be made in the following ways: Credit Cards, PayPal account, bank transfer and / or COD (collect on delivery).
For payments by credit card and / or Paypal account, the charge will be made immediately and in any case within 2 working days from the order.
In the case of payment by credit card, by clicking on the "Buy" button, upon transmission of the order, the validity of the card and the absence of any blockages will be verified.
Atelier 55 has no access to credit cards data and credentials and does not store any data of credit card used by customer for payment of the Products. The user will therefore be required to enter these data with each purchase.
In case of choosing PayPal as method of payment, costumer will be redirected to the site www.paypal.it where payments are made according to PayPal’s established procedures and regulations. The data entered on the PayPal site will be processed directly by Pay Pal and will not be transmitted to or shared with Atelier 55.
In the case of refund for returned orders, once the credit order has been placed in favor of costumer’s PayPal account, Atelier 55 will not be held responsible for any delay or omission in the crediting of the amount refunded, to dispute which the user has to contact PayPal directly.
In case of cancellation of order or return of purchased products, Atelier 55 will refund the Purchaser for the amount paid by using the same method of payment used by the Purchaser at the time of the completion of the purchase.
The amount paid by the Buyer for canceled orders or returned Products will be deducted from the total paid by the Buyer or will be credited back to the Buyer's account within 5 working days.
The commercial invoice will be inserted in the package containing the delivered Product, or sent by email. In the case of a gift order, please specify in the notes that it is a gift order; in this case the invoice will be sent exclusively by e-mail to the buyer.
In order to guarantee the security of payments made on the Sites and to prevent possible fraud, Atelier 55 reserves the right, in the event that there are reasonable suspicions that these are fraudulent transactions, to ask the user, by e-mail, a copy front/ back of a valid identification document and/ or any document certifying the address of residence not back dating more than three months (for example: bills for electricity, gas, landline phone numbers). In the request e-mail, it will be specified the deadline within which the document must reach Atelier 55. This term will not, in any case, exceed 5 working days. Pending receipt of the requested document, the order will be suspended. In the event of a request, the user is required to send the requested documents within the indicated period.
In the event that Alter Ways does not receive these documents within the specified laps of time or receives expired or invalid documents, the contract will be considered terminated by law pursuant to art. 1456 of the Italian Civil Code, and the order consequently canceled, except for the right of Atelier 55 to compensation for any damage that it may incur due to the user's non-compliant behaviour.
The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by Atelier 55, will result in the cancellation of the order and the refund of the amount paid by the user. In the case of receipt by Atelier 55 within the indicated valid documentation deadline, the delivery terms will start from the date of receipt of the above mentioned documentation.
Only for example, Atelier 55 will be authorized to ask the user for the information described above in the event of:
- use of different delivery / billing addresses with respect to the address provided in the initial registration form;
- use of credit cards registered to subjects other than the person who sent the order;
- orders over € 500
7. Product Delivery
Purchased products will be shipped to consumer’s address by express courier at the address indicated.
Upon receipt of the parcel/ s the Buyer is advised to check the integrity of the packaging and in case of damage and/ or inappropriate state of the parcel, to indicate these anomalies on the courier's delivery note.
Delivery time of products are those specified in the following table. Delivery count starts from the day the order form is sent:
Delivery charges are borne by the buyer according to the rates specified in the following table:
In the event that delivery cannot be made due to the absence of the recipient at the time of the delivery to the address indicated by the Buyer, the courier will deposit a delivery notice in the letterbox. The courier will make a second delivery attempt the latter working day. After two failed delivery attempts, or in the event that delivery cannot be made due to an error in the address indicated by the Buyer, the package will be placed in storage at the courier and a notice will be delivered to Atelier 55. Customer Service will contact promptly, via e-mail or by telephone, the Purchaser to inform him/ her of the non-delivery due to the absence thereof and to agree on the terms of the new shipment. If the recipient wants the delivery to take place at a new address or wants to pick up the package at the warehouse, he/ she must contact Atelier 55 so that the courier will be authorized to proceed accordingly. The Buyer acknowledges that the collection of the package is a specific obligation deriving from the Product purchase contract and consequently takes note that, in the event of failure to answer the Customer Service e-mail within 10 days from the day the package was placed in storage at the courier facility, the contract will be terminated pursuant to art. 1456 of the Italian Civil Code. Once the contract has been terminated, Atelier 55 will reimburse the amount paid by the Buyer deducted the cost of transport and storage.
In case of delay in delivery of the Product with respect to the terms indicated above, the Buyer can contact the Customer Service for further information and forward relevant complaints.
The Buyer, without prejudice to other rights recognized by the law, has the right to cancel the order and not accept the delivery if it is made later than what was indicated when the order was sent (with a tolerance allowance of 3 working days).
In the event that the delivery occurs with a delay of between 3 and 10 working days with respect to the envisaged deadline, the Buyer may decide to accept the delivery and obtain free shipping (ie, Atelier 55 will reimburse the Buyer for shipping costs already charged at the time of purchase).
In the event that the purchase order, for any reason, does not include the payment of any shipping costs, Atelier 55 will send the Buyer a purchase voucher, which can be spent on the Sites, for an amount equal to the shipping costs described in the table above insert. The clause is not applicable in the event that the failed or delayed delivery is attributable to Act of God or error in the communication of delivery details.
8. Buyer's right of withdrawal - Return of Purchased Products
The Buyer will have the right to withdraw from the contractual relationship with Atelier 55, without penalty, for a valid reason, within the term of (14) fourteen calendar days from receipt of the Product. This time is reduced to 10 calendar days during sales or promotion periods, pursuant to the provisions of article 64, paragraph 1, of the Consumer Code. The application of the short term for exercising the right of withdrawal during sales period will be announced through a warning at the bottom of each page of the sites.
The return or replacement of the product, which must be previously authorized in writing, may take place by mail (point 8.1). The return of the product purchased within the terms indicated above replaces, for all purposes, the written communication provided for by art. 64, paragraph 2 of the Consumer Code.
Items with respect to which the right of withdrawal will be exercised must be returned in their original packaging, and necessarily with the original labels attached.
Please note, pursuant to art. 67, paragraph 2, Consumer Code, which is an essential condition for exercising the right of withdrawal the substantial integrity of the product to be returned. Therefore, the products must not have been used, damaged or altered.
In case of withdrawal, should consumer wish to purchase a new Product within 7 days from the confirmation of shipment by Atelier 55 of the previous Product, consumer may take advantage of free delivery.
Remaining within the exercise of the right of withdrawal, the buyer has the right to request the replacement of the non-conforming product.
8.1 Exercise of the right of withdrawal by return by Post
The right of withdrawal can also be exercised by returning the Product purchased by mail. The Product purchased, together with the return slip, must be sent to the following address:
Atelier 55
Via Monviso 14 (in front of number 23)
20154 Milan - Italy
Pursuant to art. 64, paragraph 3 of the Consumer Code, in the event of exercise of the right of withdrawal, the only costs to be borne by the Buyer are the costs of returning the Product to the Seller.
In case of non-conformity of the product, the Seller will refund the Buyer the price paid for the Product, including shipping costs, if applied at the time of purchase, using the method used to make the payment, within 10 working days from the receipt of the Product.
9. Guarantees and non-conformity of the Products
The Products offered on the Sites are compliant with the applicable standards in Italy and Europe on the matter.
Atelier 55 will do its best to ensure that the images of the Products published on the Sites represent as closely as possible the Products offered for sale. However, the colors of the Products may differ from the actual colors due to the settings of the IT systems or computers used by the Buyers for viewing them. For this specific purpose each Product is accompanied by a detailed description that allows to know the main features.
In case of lack of conformity of the purchased Products or of differences with respect to the description on the Sites, the Buyer has the right to repair or replace the Product, without any additional cost, where this is possible in relation to the number of pieces still available for sale and unless the replacement or repair are not excessively expensive for Atelier 55, in consideration to the value that the Product would have if there were no lack of conformity, to the extent of this defect and the possibility that the alternative remedy could be exercised without significant inconvenience to the Buyer.
The Buyer is entitled to a reasonable price reduction or termination of the contract, where (a) the repair or replacement is impossible or excessively expensive; (b) the Seller has not repaired or replaced within a reasonable time; (c) the repair or replacement has caused significant inconvenience to the Buyer.
Buyer and Customer Service will arrange the terms and formalities to return the Product.
The choice among the various remedies provided for by the articles 128 and subsequent of the Consumer Code, is up to the Buyer who purchased the Product.
In the event of termination of the contract, the total amount paid for the purchase of the Product, including delivery costs, or, in case of price reduction the amount of the agreed reduction, will be promptly accredited by Atelier 55 to the Buyer using the same means or payment solution used by the Buyer at the time of purchasing.
10.Privacy - Personal data
With the acceptance of the General Sales Conditions, the Buyer expressly authorizes the Seller to the processing of personal data (hereinafter "Personal Data") provided by him/ her during the purchasing process.
Pursuant to Article 13 of the Legislative Decree of 30 June 2003, n. 196 and article 13 of the EU Regulation n. 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, the Seller informs the Purchaser that the Personal Data will be processed to allow timely performance of the contractual relationship between the Parties pursuant to the General Sales Conditions and registration to the Sites, necessary for the conclusion of the purchase.
The Personal Data may be disclosed to external parties that perform specific tasks on behalf of the Seller (bookkeeping, tax compliance, management of information systems) as well as to banks for managing payments resulting from the execution of contracts.
With regard to the purposes indicated, the processing and communication of the Buyer's personal data, by the Seller or by the subjects referred to in the preceding paragraph, does not require any consent in cases where processing and communication are necessary for the fulfillment of said obligations and requests.
Unless it’s specifically opposed by Purchaser, the Seller may use the Buyer's personal data to send commercial communications by e-mail or by any other equivalent electronic means of communication (such as SMS), to provide information on the Products and possibly on promotions and commercial initiatives as well as events from time to time organized by Atelier 55.
11.Cookies
On the websites www.atelier55.it, www.dudie.it, and www.sphytious.com are active cookies through which it is possible to obtain information from the computer or mobile devices of sites visitors. This information may relate to the IP address, the operating system used, etc. This information will be used by Atelier 55 only for statistical purposes and to improve the sites and its online service offers to visitors.
Atelier 55 can transmit such data to authorized third parties in order to improve the visibility of the sites outside the same sites as, for example but not exclusively, Google Analytics, Facebook, Instagram, Mailchimp, etc.
Cookies can be disabled by site visitors by activating the appropriate configuration among the internet options on their computers or mobile devises. By deactivating the cookies, it will however be possible that the websites www.atelier55.it, www.dudie.it, and www.sphytious.com are not active on all pages and in all their services, thus limiting their effective use by the visitor.
12.Copyright
All texts, images and trademarks that appear on the websites www.atelier55.it, www.dudie.it, and www.sphytious.com are of exclusive property of Atelier 55 and are protected by the copyright and intellectual property laws. Any unauthorized use will be prosecuted according to the law.
Users with personal websites who wish to insert, for personal use, on their websites a direct link to the homepages of the sites www.atelier55.it, www.dudie.it and www.sphytious.com in order to do so are requested to forward a formal request of authorization to Atelier 55, specifying purpose, duration and any other information. It is understood that the granted authorization to share the links on others’ website does not imply in any way an implicit contract of affiliation. Atelier 55 has the right to recall this authorization in any time without the need to justify it’s decisions.
Furthermore, any hyperlink to the websites www.atelier55.it, www.dudie.it, and www.sphytious.com using, for example but not exclusively, the techniques of framing, deep-linking, in-line linking or any other deep connection technique is prohibited in any case.
13. Responsibility
Atelier 55 is not responsible for any inconvenience or damage deriving from the use of the Internet, including interruption of service, external intrusions or the presence of viruses or any other incident of Act of God.
Furthermore, Atelier 55 declines all responsibilities for any breach of its contractual obligations in the event of unforeseeable circumstances or Act of God.
14. Integrity
In the event that any provision of this contract is void following a change in the legislation, this in no way affects the validity of the remaining clauses which will be supplemented by the corresponding legislative provisions.
15. Applicable law and competent court
The General Sales Conditions are governed by Italian law.
All disputes concerning the General Sales Conditions, including those relating to their validity, application and execution, will be referred to the jurisdiction of the Court of Milan.
Secure payment
Means of payment
Credit card, Paypal and Satispay:
We accept the following credit cards:
The present general sales conditions (hereinafter "General Sales Conditions") govern the contractual relationship between Atelier 55 di Aranki Vera, with registered company in Via Lomazzo no. 55/ 20154 Milan/ Italy (hereinafter "Atelier 55" or "Seller") and the customer (hereinafter "Purchaser") for the sale of products marketed by the Seller through the websites www.atelier55.it, www.dudie.it, www.sphytious.com, (the "Sites").
The General Sales Conditions may be modified by the Seller. It is understood that in the contractual relationship between the Seller and the Buyer the version of the General Sales Conditions applied is the one published on the websites www.atelier55.it, www.dudie.it, www.sphytious.com.
Atelier 55 di Aranki Vera is a registered company at the Chamber of Commerce of Milan with registration number MI-2509640 and VAT no. IT10147570963
The Buyer may request information, send communications or make complaints by contacting Atelier 55 customer service at the following addresses:
Postal address: Atelier 55 di Aranki Vera
Via Paolo Lomazzo, 55
20154 Milan/ Italy
Ph. + 39 0239445861
e-mail: info@atelier55.it
2. Purchases on the Site and acceptance of the General Sales Conditions
Registration on the Site is free of charges. Registration however is not mandatory for the completion of the transaction. To register on the Site, the user must complete and submit the appropriate registration form, entering a name, a surname, an e-mail address, a password and a home address. The registration will be confirmed to the user by e-mail.
The registration credentials must be used only by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He/ she must immediately inform Atelier55 if there is the suspect of improper use or improper disclosure of the same.
The user guarantees that the personal information provided during the Site registration process is complete and truthful and agrees to indemnify Atelier 55 from any liability for damages and / or sanctions and / or damages in which it may incur due to the violation by the user of the rules governing the registration and the purchase of the Products on the site.
Each user can have only one registration. Therefore, if it turns out that more registrations to the Sites are attributable to the same user, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, Atelier 55 reserves the right to terminate the contracts concluded by the user.
Registration allows customers to perform the following activities:
- Consulting order history.
- Tracking shipment.
- Manage personal data.
Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, the consumer is the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out. Under no circumstances may resellers or wholesalers make purchases on the Sites or, in general, all those who intend to purchase the products offered for sale on the Sites for the purpose of subsequent resale. It is therefore forbidden for these subjects to register on the Sites and / or make purchases on the Sites. Atelier 55 reserves the right, in any case, not to accept orders that are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Sites.
Atelier 55 reserves the right to refuse orders that come from
- a customer with whom it has pending legal disputes;
- from a customer who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments.
By completing the purchase order on the Sites, costumer declares to unconditionally and fully accept the “General Sales Conditions”, which undertakes to print or save electronically pursuant to the provisions of Article 53 of Legislative Decree 6 September 2005, n. 206 ("Consumer Code").
3. Information directed to the conclusion of the contract
In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Atelier 55 informs customers that:
- to conclude the purchase contract for one or more Products on the Sites, the user must complete an electronic order form and send it to Atelier 55 electronically, following the instructions that appear from time to time on the Sites;
- the contract is concluded when Atelier 55 registers the order form, that is when the order form reaches Atelier 55’s server;
- before proceeding with the transmission of the order form, the Purchaser may identify and correct any errors in data entry by following the instructions from time to time indicated on the Sites and which will accompany the various phases of the purchase;
- once the order form has been registered, Atelier 55 will send to the Purchaser an order confirmation e-mail containing: information on the essential characteristics of the product purchased, a detailed indication of the price, the method of payment, delivery costs and any extra additional costs. It is understood that the “General Sale Conditions” and the right of withdrawal have been accepted at the time of the purchase;
- the order form will be stored in the Atelier 55 database for the time necessary for the execution of the order and, in any case, according to relevant legislation. To access order form, the Buyer must access his/ her reserved area using registered credentials and click on "Orders placed" and following the step by step instructions that appear in that section. The summary of the instructions for accessing the order form will in any case be reported on each order confirmation email.
The languages available to users for the conclusion of the contract are Italian and English.
4.Products
The products covered by the contractual relationship governed by the “General Sale Conditions” are items of clothing, garment and fashion accessories for Woman, kids and family wear (hereinafter collectively "Products" or individually "Product") present on the electronic catalog published on the Sites at the time the order is made by the Buyer.
The images and descriptions of the Products published on the Sites reproduce as closely as possible the real characteristics of the Products. It is understood that these images and descriptions may not be perfectly representative of the Products and must therefore be considered as indicative and within the tolerance range in use. The availability of the Products for sale is automatically updated by Atelier 55’s automated system. However, since the Sites can be visited simultaneously by several users, it could happen that several Buyers make the purchase of a specific Product at the same time. In the case of simultaneous purchase of the same Product, therefore, it may occur that the automated system could carry out the update with few minutes of delay, signaling as available a Product that has actually just been used up.
If the Product proves unavailable, for the reasons indicated above, a communication will be sent to the Buyer's e-mail address within a maximum of 4 working days and the amount paid by the Buyer (consisting of the purchase price, shipping costs , if applied, and any other additional cost) will therefore be reimbursed in full, in the manner described in art. 6.
5. Prices
The prices indicated in the electronic catalog published on the websites are inclusive of VAT.
The Seller reserves the right to update the prices of the Products. It is understood that the price applied to the contractual relationship between the Seller and the Buyer will be that indicated on the websites at the time the order is placed by the Buyer.
In the event that the price of a Product is discounted and on the Sites the discount percentage and / or the full reference price is indicated, this indication will be formulated with reference to the price normally charged in Sphytious / Dudie physical stores in Italy as well as on the Sites.
Delivery costs of the Products referred to in Article 7 below shall be borne by the Buyer. The entity of these cost, which may vary in relation to the weight or to the qualified “Remote Delivery areas” (ex. islands), will be indicated on each page of the Sites, at each navigation level and, in any case, before the Buyer transmits the purchase order.
6. Payments
Product payment can be made in the following ways: Credit Cards, PayPal account, bank transfer and / or COD (collect on delivery).
For payments by credit card and / or Paypal account, the charge will be made immediately and in any case within 2 working days from the order.
In the case of payment by credit card, by clicking on the "Buy" button, upon transmission of the order, the validity of the card and the absence of any blockages will be verified.
Atelier 55 has no access to credit cards data and credentials and does not store any data of credit card used by customer for payment of the Products. The user will therefore be required to enter these data with each purchase.
In case of choosing PayPal as method of payment, costumer will be redirected to the site www.paypal.it where payments are made according to PayPal’s established procedures and regulations. The data entered on the PayPal site will be processed directly by Pay Pal and will not be transmitted to or shared with Atelier 55.
In the case of refund for returned orders, once the credit order has been placed in favor of costumer’s PayPal account, Atelier 55 will not be held responsible for any delay or omission in the crediting of the amount refunded, to dispute which the user has to contact PayPal directly.
In case of cancellation of order or return of purchased products, Atelier 55 will refund the Purchaser for the amount paid by using the same method of payment used by the Purchaser at the time of the completion of the purchase.
The amount paid by the Buyer for canceled orders or returned Products will be deducted from the total paid by the Buyer or will be credited back to the Buyer's account within 5 working days.
The commercial invoice will be inserted in the package containing the delivered Product, or sent by email. In the case of a gift order, please specify in the notes that it is a gift order; in this case the invoice will be sent exclusively by e-mail to the buyer.
In order to guarantee the security of payments made on the Sites and to prevent possible fraud, Atelier 55 reserves the right, in the event that there are reasonable suspicions that these are fraudulent transactions, to ask the user, by e-mail, a copy front/ back of a valid identification document and/ or any document certifying the address of residence not back dating more than three months (for example: bills for electricity, gas, landline phone numbers). In the request e-mail, it will be specified the deadline within which the document must reach Atelier 55. This term will not, in any case, exceed 5 working days. Pending receipt of the requested document, the order will be suspended. In the event of a request, the user is required to send the requested documents within the indicated period.
In the event that Alter Ways does not receive these documents within the specified laps of time or receives expired or invalid documents, the contract will be considered terminated by law pursuant to art. 1456 of the Italian Civil Code, and the order consequently canceled, except for the right of Atelier 55 to compensation for any damage that it may incur due to the user's non-compliant behaviour.
The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by Atelier 55, will result in the cancellation of the order and the refund of the amount paid by the user. In the case of receipt by Atelier 55 within the indicated valid documentation deadline, the delivery terms will start from the date of receipt of the above mentioned documentation.
Only for example, Atelier 55 will be authorized to ask the user for the information described above in the event of:
- use of different delivery / billing addresses with respect to the address provided in the initial registration form;
- use of credit cards registered to subjects other than the person who sent the order;
- orders over € 500
7. Product Delivery
Purchased products will be shipped to consumer’s address by express courier at the address indicated.
Upon receipt of the parcel/ s the Buyer is advised to check the integrity of the packaging and in case of damage and/ or inappropriate state of the parcel, to indicate these anomalies on the courier's delivery note.
Delivery time of products are those specified in the following table. Delivery count starts from the day the order form is sent:
| ITALY EXCLUDING THE ISLANDS, ISLES AND THE LAGUNA AREA OF VENICE | ONE WORKING DAY |
| ISLAND, ISLES AND THE LAGUNA AREA OF VENICE | TWO WORKING DAYS |
| EUROPEAN UNION | TWO/ FOUR WORKING DAYS |
Delivery charges are borne by the buyer according to the rates specified in the following table:
| ITALY EXCLUDING THE ISLANDS, ISLES AND THE LAGUNA AREA OF VENICE | € 6,00 |
| ISLAND, ISLES AND THE LAGUNA AREA OF VENICE | € 9,00 |
| EUROPEAN UNION | € 20,00 |
In the event that delivery cannot be made due to the absence of the recipient at the time of the delivery to the address indicated by the Buyer, the courier will deposit a delivery notice in the letterbox. The courier will make a second delivery attempt the latter working day. After two failed delivery attempts, or in the event that delivery cannot be made due to an error in the address indicated by the Buyer, the package will be placed in storage at the courier and a notice will be delivered to Atelier 55. Customer Service will contact promptly, via e-mail or by telephone, the Purchaser to inform him/ her of the non-delivery due to the absence thereof and to agree on the terms of the new shipment. If the recipient wants the delivery to take place at a new address or wants to pick up the package at the warehouse, he/ she must contact Atelier 55 so that the courier will be authorized to proceed accordingly. The Buyer acknowledges that the collection of the package is a specific obligation deriving from the Product purchase contract and consequently takes note that, in the event of failure to answer the Customer Service e-mail within 10 days from the day the package was placed in storage at the courier facility, the contract will be terminated pursuant to art. 1456 of the Italian Civil Code. Once the contract has been terminated, Atelier 55 will reimburse the amount paid by the Buyer deducted the cost of transport and storage.
In case of delay in delivery of the Product with respect to the terms indicated above, the Buyer can contact the Customer Service for further information and forward relevant complaints.
The Buyer, without prejudice to other rights recognized by the law, has the right to cancel the order and not accept the delivery if it is made later than what was indicated when the order was sent (with a tolerance allowance of 3 working days).
In the event that the delivery occurs with a delay of between 3 and 10 working days with respect to the envisaged deadline, the Buyer may decide to accept the delivery and obtain free shipping (ie, Atelier 55 will reimburse the Buyer for shipping costs already charged at the time of purchase).
In the event that the purchase order, for any reason, does not include the payment of any shipping costs, Atelier 55 will send the Buyer a purchase voucher, which can be spent on the Sites, for an amount equal to the shipping costs described in the table above insert. The clause is not applicable in the event that the failed or delayed delivery is attributable to Act of God or error in the communication of delivery details.
8. Buyer's right of withdrawal - Return of Purchased Products
The Buyer will have the right to withdraw from the contractual relationship with Atelier 55, without penalty, for a valid reason, within the term of (14) fourteen calendar days from receipt of the Product. This time is reduced to 10 calendar days during sales or promotion periods, pursuant to the provisions of article 64, paragraph 1, of the Consumer Code. The application of the short term for exercising the right of withdrawal during sales period will be announced through a warning at the bottom of each page of the sites.
The return or replacement of the product, which must be previously authorized in writing, may take place by mail (point 8.1). The return of the product purchased within the terms indicated above replaces, for all purposes, the written communication provided for by art. 64, paragraph 2 of the Consumer Code.
Items with respect to which the right of withdrawal will be exercised must be returned in their original packaging, and necessarily with the original labels attached.
Please note, pursuant to art. 67, paragraph 2, Consumer Code, which is an essential condition for exercising the right of withdrawal the substantial integrity of the product to be returned. Therefore, the products must not have been used, damaged or altered.
In case of withdrawal, should consumer wish to purchase a new Product within 7 days from the confirmation of shipment by Atelier 55 of the previous Product, consumer may take advantage of free delivery.
Remaining within the exercise of the right of withdrawal, the buyer has the right to request the replacement of the non-conforming product.
8.1 Exercise of the right of withdrawal by return by Post
The right of withdrawal can also be exercised by returning the Product purchased by mail. The Product purchased, together with the return slip, must be sent to the following address:
Atelier 55
Via Monviso 14 (in front of number 23)
20154 Milan - Italy
Pursuant to art. 64, paragraph 3 of the Consumer Code, in the event of exercise of the right of withdrawal, the only costs to be borne by the Buyer are the costs of returning the Product to the Seller.
In case of non-conformity of the product, the Seller will refund the Buyer the price paid for the Product, including shipping costs, if applied at the time of purchase, using the method used to make the payment, within 10 working days from the receipt of the Product.
9. Guarantees and non-conformity of the Products
The Products offered on the Sites are compliant with the applicable standards in Italy and Europe on the matter.
Atelier 55 will do its best to ensure that the images of the Products published on the Sites represent as closely as possible the Products offered for sale. However, the colors of the Products may differ from the actual colors due to the settings of the IT systems or computers used by the Buyers for viewing them. For this specific purpose each Product is accompanied by a detailed description that allows to know the main features.
In case of lack of conformity of the purchased Products or of differences with respect to the description on the Sites, the Buyer has the right to repair or replace the Product, without any additional cost, where this is possible in relation to the number of pieces still available for sale and unless the replacement or repair are not excessively expensive for Atelier 55, in consideration to the value that the Product would have if there were no lack of conformity, to the extent of this defect and the possibility that the alternative remedy could be exercised without significant inconvenience to the Buyer.
The Buyer is entitled to a reasonable price reduction or termination of the contract, where (a) the repair or replacement is impossible or excessively expensive; (b) the Seller has not repaired or replaced within a reasonable time; (c) the repair or replacement has caused significant inconvenience to the Buyer.
Buyer and Customer Service will arrange the terms and formalities to return the Product.
The choice among the various remedies provided for by the articles 128 and subsequent of the Consumer Code, is up to the Buyer who purchased the Product.
In the event of termination of the contract, the total amount paid for the purchase of the Product, including delivery costs, or, in case of price reduction the amount of the agreed reduction, will be promptly accredited by Atelier 55 to the Buyer using the same means or payment solution used by the Buyer at the time of purchasing.
10.Privacy - Personal data
With the acceptance of the General Sales Conditions, the Buyer expressly authorizes the Seller to the processing of personal data (hereinafter "Personal Data") provided by him/ her during the purchasing process.
Pursuant to Article 13 of the Legislative Decree of 30 June 2003, n. 196 and article 13 of the EU Regulation n. 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, the Seller informs the Purchaser that the Personal Data will be processed to allow timely performance of the contractual relationship between the Parties pursuant to the General Sales Conditions and registration to the Sites, necessary for the conclusion of the purchase.
The Personal Data may be disclosed to external parties that perform specific tasks on behalf of the Seller (bookkeeping, tax compliance, management of information systems) as well as to banks for managing payments resulting from the execution of contracts.
With regard to the purposes indicated, the processing and communication of the Buyer's personal data, by the Seller or by the subjects referred to in the preceding paragraph, does not require any consent in cases where processing and communication are necessary for the fulfillment of said obligations and requests.
Unless it’s specifically opposed by Purchaser, the Seller may use the Buyer's personal data to send commercial communications by e-mail or by any other equivalent electronic means of communication (such as SMS), to provide information on the Products and possibly on promotions and commercial initiatives as well as events from time to time organized by Atelier 55.
11.Cookies
On the websites www.atelier55.it, www.dudie.it, and www.sphytious.com are active cookies through which it is possible to obtain information from the computer or mobile devices of sites visitors. This information may relate to the IP address, the operating system used, etc. This information will be used by Atelier 55 only for statistical purposes and to improve the sites and its online service offers to visitors.
Atelier 55 can transmit such data to authorized third parties in order to improve the visibility of the sites outside the same sites as, for example but not exclusively, Google Analytics, Facebook, Instagram, Mailchimp, etc.
Cookies can be disabled by site visitors by activating the appropriate configuration among the internet options on their computers or mobile devises. By deactivating the cookies, it will however be possible that the websites www.atelier55.it, www.dudie.it, and www.sphytious.com are not active on all pages and in all their services, thus limiting their effective use by the visitor.
12.Copyright
All texts, images and trademarks that appear on the websites www.atelier55.it, www.dudie.it, and www.sphytious.com are of exclusive property of Atelier 55 and are protected by the copyright and intellectual property laws. Any unauthorized use will be prosecuted according to the law.
Users with personal websites who wish to insert, for personal use, on their websites a direct link to the homepages of the sites www.atelier55.it, www.dudie.it and www.sphytious.com in order to do so are requested to forward a formal request of authorization to Atelier 55, specifying purpose, duration and any other information. It is understood that the granted authorization to share the links on others’ website does not imply in any way an implicit contract of affiliation. Atelier 55 has the right to recall this authorization in any time without the need to justify it’s decisions.
Furthermore, any hyperlink to the websites www.atelier55.it, www.dudie.it, and www.sphytious.com using, for example but not exclusively, the techniques of framing, deep-linking, in-line linking or any other deep connection technique is prohibited in any case.
13. Responsibility
Atelier 55 is not responsible for any inconvenience or damage deriving from the use of the Internet, including interruption of service, external intrusions or the presence of viruses or any other incident of Act of God.
Furthermore, Atelier 55 declines all responsibilities for any breach of its contractual obligations in the event of unforeseeable circumstances or Act of God.
14. Integrity
In the event that any provision of this contract is void following a change in the legislation, this in no way affects the validity of the remaining clauses which will be supplemented by the corresponding legislative provisions.
15. Applicable law and competent court
The General Sales Conditions are governed by Italian law.
All disputes concerning the General Sales Conditions, including those relating to their validity, application and execution, will be referred to the jurisdiction of the Court of Milan.
Secure payment
Means of payment
Credit card, Paypal and Satispay:
We accept the following credit cards:
- Visa
- Mastercard
- America Express
- Discover
- Aura card
