Conditions d'utilisation
TERMS AND CONDITIONS OF USE
ART. 1- DEFINITIONS
1.1."Site" is the website "shop.upperistheway.it", dedicated to the sale of clothing products. 1.2 "Customer" is the subject (natural or legal person) who makes the purchase on the Site, accepting the general conditions of sale. 1.3. Owner of the "Site" Joniel of Rabba Ketty & C.S.A.S. - Via Tuscolana 823, 00175 Rome (Italy) | VAT 07154621002 . 1.4. "Order" is the request form for the goods on sale, filled in by the Customer via the Site. 1.5. "Products" are the goods offered for sale on the Site, based on the general conditions of sale. 1.6. "Customized products" are the goods characterized on specific request and indication of the Customer. 1.7. "Price" is the consideration for the sale of the goods, inclusive of shipping costs visible at Checkout, for orders equal to or greater than €80 shipping in Italy is free, except for promotional periods in which the free shipping threshold may vary ( The updated threshold can be viewed at the top of the site). 1.8. "Contract" is the distance contract which has as its object the sale of the products, based on the general conditions of sale. 1.9. The "Parties" are Joniel di Rabba Ketty & C. S.A.S. and the Customer.
ART. 2 - SALE OF THE PRODUCTS
2.1. To make a purchase, the customer must accept the terms of purchase. A purchase contract is concluded when the purchase is completed at the time of payment. We reserve the right to refuse or cancel an order in special circumstances, such as technical problems or final sales. 2.2. The Contract is considered concluded and binding on the Parties when Joniel di Rabba Ketty & C. S.A.S. sends the order confirmation to the Customer's e-mail address, indicated by the same when registering on the Site. 2.3. The creation of customized Products offered for sale on the Site is subject to a specific request from the Customer, based on precise indications. For these products, the right of withdrawal from the purchase contract is excluded, except for reasons beyond the control of the customer (state of conservation of the product, error in fulfilling the order). 2.4. Prices and products are subject to change without prior notice.
ART. 3 - TIMES AND METHODS OF DELIVERY
3.1. The delivery of the Products to the shipping address indicated by the Customer in the Order is made by express courier. 3.2. Delivery times of the Products: 4/6 working days for Italy, from the date of receipt of the Order by Joniel di Rabba Ketty & csas. Times are indicative and not strictly binding for Joniel di Rabba Ketty & C.S.A.S. In case of unavailability of one or more Products following the Order, Joniel di Rabba Ketty & C. S.A.S can proceed with the shipment of the other Products ordered by the Customer. Partial delivery is considered valid and does not entitle the Customer to refusal of delivery, compensation or indemnity. 3.4. Upon delivery, title and risk relating to the transport of the Products pass to the Customer.
ART. 4 - CUSTOMER'S OBLIGATIONS
4.1. In order to purchase the Products, it is not necessary to register on the site, but it is recommended to do so. The Customer is in any case obliged to release the data necessary for the execution of the Order, so as to be able to achieve the subsequent Delivery of the Products. Registration is free. The Customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details, other information useful for fulfilling the Order. 4.2. The Customer will pay the Price of the Products purchased and will keep a copy of the purchase confirmation sent by shop.upperistheway.it to the e-mail address indicated by the Customer at the time of purchase/registration on the site.
ART. 5 - PRICE AND PAYMENT
5.1. Prices are expressed in Euros (€) and include the value added tax (VAT) in force for the respective product categories to which they belong. 5.2. The total Price resulting at the end of the Order is inclusive of shipping costs, but not of any customs duties and/or additional taxes on the sale, necessary for the importation of the goods into foreign territory. Any additional charges for customs clearance operations will be exclusively borne by the recipient of the shipment. 5.3. Payment of the Price must be paid at the time of order fulfillment, for advance payment by Credit Card at the time of order fulfillment.
ART. 6 - FORCE MAJEURE
6.1. The Parties will not be responsible for the delay in fulfilling their obligations, pursuant to the Contract, if such delay is caused by circumstances beyond their reasonable control. The Party delayed due to force majeure will be entitled to an extension of the terms, necessary to fulfill these obligations.
ART. 7 - COPYRIGHT & BRANDS
7.1. Trademarks, logos and other distinctive signs of various kinds present on the Site belong to their respective owners. 7.2. The use of trademarks, logos and other distinctive signs - including reproduction on other websites - by unauthorized third parties is prohibited. 7.3 The contents of the Site (texts, graphics, animation and images) are protected by copyright.
ART. 8 - RIGHT OF WITHDRAWAL
8.1. In accordance with the provisions of art. 5 Legislative Decree 22 May 1999 n. 185 and Legislative Decree 15 January 1992 n. 50, the right of withdrawal consists in the Customer's right to withdraw from the Contract, returning the purchased Products with consequent reimbursement of the Price.
8.2. The right of withdrawal is a right of natural persons who act for purposes not directly related to any professional activity carried out. Therefore, retailers and companies are excluded from this right.
8.3. To exercise the right of withdrawal, written communication must be sent to the following address: Upper is The Way - located in Via Tuscolana 823, 00175 Rome, within 14 days. This communication can also be sent by email to "info@upperistheway.it".
8.4. To exercise the right of withdrawal, it is necessary to return the purchased Products, in good condition and with all the original labels intact. In particular, the right of withdrawal can only be exercised if the "Upper is The Way" label has not been removed from the items. The packaging of the products must be accurate, in order to protect the original packaging from damage, writing or labels.
8.5. The Products must be returned to the following address: Upper is The Way - located in Via Tuscolana 823, 00175 Rome. The refund of the purchase price will take place approximately 30 days after receipt of the returned goods, after checking the state of conservation.
8.6. The refund does not include transport costs, both those incurred for the original shipment of the goods and those for the subsequent return.
8.7. The shipping costs for the return are entirely borne by the Customer. We strongly recommend using a trackable shipping service and insuring your package for any loss or damage in transit. Upper is The Way assumes no responsibility for packages that are lost, undelivered or damaged in return.
Returns and Exchanges:
Items purchased on sale are not eligible for returns or exchanges unless they are faulty or damaged upon delivery. Faulty or damaged items must be reported within 7 days of the delivery date. It is important to note that the right to return or exchange is only valid if the "Upper is The Way" label has not been removed from the items. The presence of the label is an essential condition for accepting the return or exchange, in order to guarantee the integrity and resalability of the product. Please contact our customer service for assistance.
Return policy for orders with cash on delivery:
The same return conditions apply to orders paid for with cash on delivery as for all other payment methods. In the event of a return without replacing the purchased items, the amount will be refunded exclusively in the form of a gift card, which can be used for future purchases exclusively on our site.
N.B.
To exercise the right of withdrawal with consequent refund, send a communication to the email address: info@upperistheway.it or on WhatsApp: 375 664 2018 indicating the Order number (viewable from the Order confirmation email e.g. #1234 ) also indicating Name and Surname. You will be shown the Reso methods from which you can choose. Thanks for collaboration.
ART. 9 - PRIVACY
9.1. The data communicated by the Customer necessary for the execution of the Contract are treated in compliance with the provisions of Legislative Decree 2003 n. 196 on "Protection of personal data". For any other information, consult the section "Privacy Policy".
ART. 10 - ENTIRE AGREEMENT
10.1. The Contract replaces all previous contracts, agreements and understandings between the Parties and constitutes the entire agreement between the Parties regarding the subject of the Contract, together with the Order, the general conditions relating to the use of the Site and the conditions relating to the registration service. 10.2. Any variation or modification of the Contract must be accepted in writing by both Parties.
ART. 11 - COMMUNICATIONS
11.1. All communications between the Parties must be made in writing and sent to the address of the other party indicated in the Contract and in the Order. Communications sent to the e-mail address of the other party, indicated on the Site and in the Order, are also intended to be sent in writing. 11.2. Communications relating to the validity or existence of this agreement must be exclusively delivered by hand or sent by registered letter with acknowledgment of receipt.
ART. 12 - LANGUAGE
12.1. The Sales Contract is drawn up in Italian.
ART. 13 - APPLICABLE LAW AND COMPETENT COURT
13.1. The Contract will be governed and interpreted in accordance with Italian laws. 13.2. The Parties agree that the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 13.3. For any dispute deriving from or relating to the Contract, the following will be competent: a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer pursuant to current legislation; b) exclusively the Court of Rome, Italy, in any other case
Terms and Conditions of the Scalapay Installment Payment Method
If you buy with Scalapay, you receive your order immediately and pay in 3 instalments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that you authorize this transfer.
Payment by Cash on Delivery
Our e-commerce offers the possibility of making payment on delivery by cash on delivery, available exclusively for orders destined for Italy and San Marino. This service has an additional cost of €5.00 .
Restrictions for payment by cash on delivery:
- Available only for orders with a maximum amount of €999.00 .
- Not applicable for the purchase of gift vouchers included in the order.