Terms and Conditions.

1 Application and conclusion of contract

1.1. The general sales terms and conditions (from now on referred to as “TC”) lay out the general regulations of sale through the website www.simoneguarracino.co.uk (further referred to as “website”) of the products (further referred to as “products”) purchased directly through the website.

1.2. For the purpose of the TC if not specified otherwise, the purchase of these products is not destined to commercial or professional activities.

1.3. The online purchase of the products stipulates a sales contract “at a distance” set forth by Ch. I, Title III (art. 45 e ss.) of the Legislative Decree 6 September 2005, n.206 e succ. mod. (Consumer Code) and of Legislative Decree 9 april 2003, n. 70 of the implementation of the regulations 2000/31/CE comparative to certain legal aspects, services, and information of the company in the internal market, with particular reference to electronic commerce.

1.4. The present TC is applicable to the sale of products made through the Guarracino Trade Company S.r.l website (further referred to as “company”), with Registered Office in Zona Industiale ASI Aversa Nord snc Centro Commerciale SINE 81032 Carinaro (CE) Italy. P.Iva IT06237151219, tel 0039 (0) 818133038, email address: info@simoneguarracino.co.uk .

The present TC may be modified at any given time and possible modifications will be considered effective from the moment they are published on the Website in the appropriate section covering the "Terms and Conditions” accessible through the appropriate link on the Homepage, and also during the acquisition process. The customers are asked to read and take in account the TC immediately before submitting an order.

1.5. The applicable TC are the ones in effect upon transmission of the purchase order.

2. Registration www.simoneguarracino.co.uk

2.1. Website registration is free and non-binging. In order to register on the Website, the user must complete the online form providing name, last name, email address, and password. The completion of every obligatory space is necessary for the company to properly identify each client and exclude any hypothesis of homonymy.

Registration is not mandatory nor necessary to purchase products from the Website.

Website registration allows the user to access a reserved area with numerous activities and advantages which include:

a. Automatic save of the shipping address in the address book;

b. Access and reference to all the relative information regarding previous orders and returns;

c. Advance information in regards to product offers and sales;

d. Access to after sales services;

e. Administration and modification of personal data at any time;

f. Follow up on order status;

g. Access to reserved services made available by the Company.

2.2. Registration credentials (email address and password) must be used exclusively by the registered user and third parties. The user will make sure to keep the above-mentioned credentials secret and not accessible to third parties. The user shall immediately inform the Company of any suspected or knowledge of an unauthorized use of their access code or credentials.

2.3. In case the user forgets or misplaces their password necessary to access their personal area, it is possible to click on the link “Forget your password?” on the login page. Subsequently, the registered email address must be entered in order to receive the assistance and service of Guarracino Trade Company S.r.l for the required information to reset the password.

3. Site Purchases

3.1. Unless otherwise communicated, the user, as a client acknowledges that the purchase is solely for personal purpose and not for commercial resale.

3.2. The company exercises its unquestionable judgment to block accounts and transactions that may display anomalies without any advance notice and report it the competent authorities and association.

3.3. Guarracino Trade Company has the authority to refuse or cancel orders from:

a. Users that provide false, incomplete, or inaccurate personal information during the registration process, or have not submitted the appropriate payment information described in point 9 e ss. or who have provided false documentation;

b. Users that have undergone penal proceedings for fraud of any sort and in particular, credit card or payment fraud;

c. Users insolvent or bankrupt or who have delinquent payments with the Company;

d. Users who have previously violated the present TC.

3.4. In order to conclude the acquisition contract of the Products through the online platform of the Website, the user must complete an electronic order form and transmit it electronically to Guarracino Trading Company S.r.l following the instructions available on the platform. The user must select the quantity of the singular products and add them t the cart. After adding the required information, the user must verify the provided information. Afterword, it will be possible to select the method of payment. Once all of the billing and shipping information is added, it will not be possible to make any modifications.

3.5. The order form, will be archived in the data bank of the Company for the time necessary to conclude the process and by the time frame permitted by the legislation. The user may access the order form through the dedicated personal area on the Website.

3.6. The acquisition contract can be concluded by the users in Italian or in the languages of the registered domains where Guarracino Trading S.r.l exercises its online sale. The Customer Care Center will provide assistance in any case.

4. Product Availability

4.1. The Products purchasable from Guarracino Trading Company S.r.l are the items present on the Website and my belong to various merchandise categories for each, an information page is available (Product Page) with descriptive and availability information.

4.2. In order to assure the processing and the shipment of the orders without delay, the Company will verify in real time the availability of the requested products. The availability request does not constitute an obligation to purchase on behalf of the user, and is not considered a reservation or order. The availability confirmation is considered binding only if validated in writing on behalf of the Company upon receipt of payment with order status “confirmed”.

4.3. Various users may proceed with the order of the same product simultaneously with the product resulting as available when in reality it is sold out or not currently available due to a technical error or to an error in the amount of merchandise readily available due to it being replenished.

5. Prices and Method of Payment

5.1. The price of the sold items on the Website is in British Pounds (GBP). The price for shipping to the United Kingdom is listed in the page that contains the detail of each individual product. The cost is calculated on the bases of weight/volume necessary to transport the Product to the destination determined by the client without damage. The cost of shipment may be varied at any given time based on the agreements made with the courier service.

5.2. The Company reserves the right to modify the prices of the Product sold at any given time on its Website if deemed correct with the exception of system error or omissions.

5.3. For the price payment of the Product, the user may choose from the given options in the order submission procedure to accept the related prices.

5.4. For the payment, the user may choose one of the method listed in the in the order submission for purchase available on www.simoneguarracion.co.uk:

5.5. Credit Card. The payment will transit through the PayPal system normally using the VISA Mastercard, and American Express circuit. The amount owed by the user to the Guarracino Trade Company S.r.l is payed at the moment the order is placed.

5.6. Debit Cards. The payment by debit card (authorized for online purchases) will not apply any additional cost to the Products; may be made only by the card owner during the validity at the moment of the purchase of the Product and the name on the card must match that of the person listed on the billing information.

5.7. Guarracino Trade Company S.r.l uses the secure payment service of PayPal that utilizes the SSL security protocol. The credit card information (number, holder name, expiration date and security code) are encrypted upon transmission. The Company does not have access nor does it memorize the data of the credit card used by the client for the payment transaction of the Product and declines any and all responsibility.

5.8. Online Bank Transfer. The payment of the acquired Products on the Website may be made by bank transfer, online bank transfer with MYBANK, or with SOFORT BANK(KLARNA).

After the online transfer with MYBANK/SOFORT the following procedure must be followed:

a. The user must select MyBank or SOFORT(KLARNA) as the method of payment and add the name of their bank. They will be redirected automatically to their online banking system;

b. Supply your online logon and access codes for your online account. The payment information will be shown for a further verification;

c. Authorize the transaction. In a matter of seconds, the user and the seller will receive a transaction confirmation;

d. Upon successful completion of the transaction, the merchandise or the acquired services will be shipped to the user.

5.9. Ordinary Bank Transfer. In the hypothesis that the online bank transfer is not possible, the user may pay with an ordinary bank transfer.

Upon completion of the transaction the user will receive an email confirmation of the submission and receipt of the order. Within 5 working days the user must reply to the confirmation email attaching a copy of the transaction receipt. Only upon receiving the confirmation email and the authorization of a successful transaction, will the Company prepare and ship the order.

5.10. PayPal. The payment of the products may be done through PayPal. In this case, the user will be routed to www.paypal.com where they will be able to make the online payment according to the PayPal payment procedures. The payment information will be processed directly by PayPal and not by the Company.

6. Product Purchase

6.1. The acquisitions contract is subject to the resolution of the missed payment of the entire sum within 7 days from the order. In the case that the balance is not settled the acquisitions contract will no longer be considered valid.

6.2. The ownership of the Product will be transferred to the user at the moment the shipment is delivered to the client. The risk of loss or damage of the Product for beyond the control of the Company will be transferred to the user when a third party qualifying himself/herself as delegate to the courier, takes material possession of the Product. The delivery receipt will be considered official.

The client that receives a delivery with damaged packaging, must be sure to accept with reservation for “damaged packaging”.

In the hypothesis that the Product is damaged during the transport phase, the client opens an undamaged package is obligated to report the damage by sending an email to customercare@simoneguarracino.co.uk attaching the photographic documentation no later than 8 days from when the Product was received.

Guarracino Trade Company S.r.l will proceed with a pick up at the noted destination during purchase. Following the pick-up the Company has the right to evaluate the damage and will alternately propose, a repair or substitution of the product; in the event that the product is unavailable, and the repair not convenient a short term reorder may be suggested (for example, within 30 work days) or a long term reorder ( for example, within 120 work days).

The customer has the right to communicate the rejection of the outlined proposal above with the consequent termination of the contract and reimbursement within 30 working days from the communication according to the methods of purchase used.

Nonetheless, the client may refuse the suggested proposals with a consequent resolution of the contract and receive a reimbursement within 30 work days from when the communication was received based on the purchasing method. If the Product is deemed damaged after it is evaluated by Guarracino Trade Company S.r.l, the entire cost of transportation will be billed to the client.

7. Method, Costs, and Terms for Delivery

7.1. Each shipment contains:

a. The ordered Product;

b. Transportation documentation, receipt, or invoice;

c. Marketing information material (eventual).

Guarracino Trade Company S.r.l will not be held responsible for delivery errors caused by inaccuracy or incomplete order form or courier responsibility. For invoice issuance, the information provided by the user during the order process. No modifications will be allowed one the invoice is issued.

7.2. Orders sent by www.simoneguarracino.co.uk from Monday to Friday from 9:00 am to 5:30 pm. Orders placed over the weekend will be processed starting the following Monday morning.

Orders for items already available are shipped within 2 working days and the first working day following the one in which the order was placed, subject to confirmation of the availability of the goods and verification of the payment. During sales, promotions, events or national holidays, shipments may take longer. In all cases ww.simoneguarracino.co.uk reserves the right to postpone the shipment if these events occur

The user can follow the progress of the order that the selling company will communicate to the email address provided during the purchase order. The user can also follow the progress of the shipment through the Qaplà platform following the dispatch by Guarracino Trade Company S.r.l. with an email containing the contact details of the aforementioned Company. Floor or indoor delivery is not an option. Delivery times are of discretion of the courier service and in no case may any delays be attributed to the Company.

7.3 The shipping service provides delivery in 10-15 working days in the United Kingdom. The delivery service provides only a Curbside Delivery. This means that they will drive to the nearest access point possible to the intended address and you will be required to collect from there. If your shipment contains a pallet then you will be required to take the individual packages from the pallet into your home. You will not receive any assistance from the driver. In addition, the customer can opt for a “Telephone Delivery Notice” at a cost of £ 2.85, which allows to arrange with the courier on the day of delivery. The delivery date must not exceed the next 48 working hours from the phone call. After 48 working hours, the courier may request a supplement relating to the stock, the cost of which varies according to the volume of the goods and the days spent at the competent logistic point.

7.4. Upon delivery of the goods, the user is required to carry out a thorough inspection of the packages, indicating acceptance on the delivery receipt with reserve and describing any anomalies found. In case of lack of specific annotations, the Company will not be responsible for any damage, which is presumed caused by the user after delivery.

If the shipment is not successfully delivered to the address provided by the Customer, the costs of storage and / or sending the goods back to the sender shall be borne by the Customer. If for any reason the Customer refuses to deliver the goods, the shipping costs will be deducted from any refund due to the Customer from www.simoneguarracino.co.uk. All customers at the time of order are obliged to accept all the contractual conditions set out. Customers accepting this contract undertake to accept the delivery of their package.

8. Return Policy

8.1. In regards to the disposition of ex. Art. 59 of Legislative Decree 6 September 2005, n. 206 (Consumer Code), for example “the supply of customized or personalized goods, the user has the right to withdrawal from the sale contract within 14 days.

8.2. The end of the 14 days begin when the client/user or third party different from the designated customer physically possesses the goods or:

a. In case of multiple goods ordered by the customer in one order and delivered separately from the day the consumer or third party, different from the designated recipient and designated by the consumer takes physical possession of last piece.

b. In the case of delivery of goods that constituted of lots or multiple pieces from the day the consumer or third-party different courier designated by the consumer, takes physical possession of the last lot or piece;

8.3. To exercise the right to return the user must inform Guarracino Trade Company S.r.l with an explicit declaration sending appropriate form prepared by the Company found in the personal area properly completed or by sending an email to customercare@simoneguarracino.co.uk .

The date of receipt of the communication will be taken in consideration by the Company. If the user uses the explicit return declaration, it is necessary to indicate the order number, Product, for which the return is intended and their address. In accordance with art. 54 of the Consumer Code, the burden of proof relating to the exercise of the right of return before the expiry period is an obligation of the consumer. For this reason, it is in the interest of the user to be accountable of their return communication to Guarracino Trade Company S.r.l.

8.4. Upon receipt of the return communication, the Company will communicate the address to which the goods are to be sent, at the user's expense and care, in their original packaging, undamaged and free of any signs of wear and tear that could affect their use and future sale.

Once received, the Products will be accurately checked, and the user will receive a communication with a justification of acceptance or denial of their request.

The responsibility for any eventual damage during the transport of the returned goods is of the client.

8.5. In case of acceptance, the Company will reimburse the cost sustained for the purchase, using the same payment method.

8.6. In case of refusal, the Company will explain the choice and will make the Products available to the user, who can collect them at the address and times communicated. For example, the returned goods that have undergone manipulative handling and / or alterations, sent without original packaging (as delivered) and / or with packaging that is not adequate to ensure safe transport will not be accepted;

8.7. The user is responsible for the decrease in the value of the Product due to improper handling other than what is strictly necessary to establish the nature, features and function of the Product. The user will have the responsibility to care, inspect and handle the product with diligence and arrange for the return in full integrity and suitability for the same, fully functional, complete in all its parts, in all its accessories, with illustrative sheets, identification tags, labels and seals attached to the Product.

In the event of a decrease in the value of the Product, an adequate notice will be given to the user and the reimbursement amount will be reduced by the decrease in value.

9. Legal Warranty, of Conformity and After Sale Assistance

9.1. The products marketed by Guarracino Trade Company S.r.l. are handmade and not subject to serial reproductions. Therefore, slight imperfections of production, carving, non-uniformity or relating to the application of coloring are not considered factory defects but uniqueness of the product. Preventing an indication of the same would be defective or not conforming to the description.

9.2. Guarracino Trade Company S.r.l. is responsible for any lack of conformity of the Products ordered pursuant to and for the purposes of what is expressly provided for by Italian law.

9.3. Any lack of conformity must be reported by the user to the Company within the terms of the law.

9.4. To take advantage of the Warranty, the customer must provide proof of the date, and purchase of the Product and delivery of the same. The customer, therefore, must keep the confirmation of the purchase order, the relative invoice, and any other document suitable to certify the date of purchase and the date of delivery of the Product.

9.5. The customer must forward the complaint relating to product conformity or defects to customercare@simoneguarracino.co.uk in accordance with the legislative provisions.

In case of lack of conformity appropriately reported the customer will be entitled:

a. The repair or free replacement of the Product unless the solution is objectively impossible or excessively expensive compared to another option;

b. Choose from a price reduction or termination of contract in the event that the repair or replacement is excessively onerous or the repair or replacement has not been carried out by the selling company within a reasonable time, or the repair or replacement has caused considerable inconvenience to the consumer.

According to the art. 130 of the Consumer Code, the solution against the selling company is excessively burdensome and imposes unreasonable expenses compared to or in comparison to the alternative remedies that can be taking into account:

a. Of the value that the goods would have without lack of conformity;

b. The extent of the lack of conformity;

c. Of the possibility that the alternative solution may be experienced without significant inconvenience for the consumer.

Upon receipt of the declaration of conformity, the Company will communicate the address to which the goods are to be sent, at the customer’s expense and care, in its original packaging, undamaged and free of any signs of wear and tear that will affect its use and future sale.

The responsibility for any damage suffered by the product during transport for the return is the responsibility of the user.

La Guarracino Trade Company S.r.l. si riserva, in ogni caso, il diritto di valutare la denuncia di conformità del prodotto entro e non oltre 72 ore dalla restituzione e di darne tempestiva comunicazione all’utente.

9.6. The products sold on the Website may be covered by a conventional warranty issued by the manufacturer. The customer can invoke this guarantee only against the manufacturer and not against the Company. In the cases governed by this paragraph the duration, extension, conditions, methods, type of defect or damage covered and limitations, are those indicated by the manufacturer in the warranty conditions.

10.Customer Care

10.1. Each customer can receive assistance by contacting the Customer Service of the Company in the following ways:

a. By phone, at 0039 818133038

b. By email, at the following address: customercare@simoneguarracino.co.uk

c. On the website www.simoneguarracino.co.uk and selecting "contacts" section on the homepage;

11. Privacy Policy

11.1. Guarracino Trade Company S.r.l. protects the privacy of its customers in accordance with the provisions of Legislative Decree 30 June 2003 n. 196 and by EU Regulation 679 of 2016.

11.2. Guarracino Trade Company S.r.l. treats the provided data in the context of commercial relationships. The company also deals with data legitimately supplied by information agencies, creditor protection associations, publicly accessible sources (for example, company registers, association registers, land registry, and media), as well as - possibly - other companies with the which it maintains a permanent commercial relationship.

Personal data includes:

Principal data / contact details, more precisely:

a. as a private customer: name and surname, address, contact details (for example, e-mail address, telephone number, fax), tax code, date of birth,

b. as a corporate customer or supplier: name of the legal representative, company, VAT number, company code, address, contact details of the contact person (e-mail address, telephone number, fax), and bank details.

Additional data processed is:

a. Information relating to the nature and content of business relationships, more precisely, information relating to contracts, assignments, sales and receipts, histories of customers and suppliers, consultation documents

b. Advertising and sales data,

c. documentation data (for example, consultation protocols), images,

d. information deriving from electronic transactions with Guarracino Trade Company S.r.l. (for example, IP address, login data),

e. any other data received in the context of our commercial relationship (for example, customer interviews),

f. data generated based on the main data / contact data and other data, analyzing for example, the needs or potential of customers.

g. Documentation of your consent statement to receive, for example, newsletters.

h. Common data of customers, suppliers, employees, consultants and third parties necessary for the working relationship and the pursuit of legitimate business interests as provided for by art. 6 GDPR and by Recital n. 47:

i. Sensitive and / or judicial data of the employees resulting from the employment relationship and inherent to the relationships with social security and assistance institutions, for which consent was expressly given;

l. Consent expressly given for, sensitive data of customers, suppliers and third parties.

11.3. Personal data is treated:

a. without express consent (art. 24 lett. A) b, c) Privacy Code and art.6 lett. b), e) GDPR), for the following service reasons:

- fulfill the pre-contractual, contractual and fiscal obligations deriving from existing relationships with you;

- to fulfill the obligations provided for by law, by a regulation, by EU legislation or by an order of the Authority (such as in the field of anti-money laundering);

- adempiere agli obblighi previsti dalla legge, da un regolamento, dalla normativa comunitaria o da un ordine dell’Autorità (come ad esempio in materia di antiriciclaggio);

- exercise the rights of the Owner, for example the right to defend in court;

b. Only with specific and separate consent (Articles 23 and 130 of the Privacy Code and Article 7 of the GDPR), for the following Marketing Purposes:

- sending by e-mail, post and / or text message and / or telephone contacts, newsletters, commercial communications and / or advertising material on products or services offered by the Owner and detection of the degree of satisfaction with the quality of the services;

- sending by e-mail, post and / or text message and / or telephone contacts commercial and / or promotional communications from third parties (for example, business partners, insurance companies).

To current client, the company already reserves the right to send commercial communications relating to services and products of the same type to those previously received, which may be subject to disapproval (Article 130 c. 4 of the Privacy Code).

- Product recommendations by e-mail: In compliance with the provisions of the law provided for by national and international legislation in force, Guarracino Trade Company S.r.l. has the right to use the e-mail address provided when ordering a product or service as a direct advertising channel for similar items or services. In the event that, subsequently, one no longer wishes to receive our advice by e-mail, one can revoke their consent to use of your address at any time without incurring transmission costs other than those of the basic rates. To do this, please use the contact information indicated in point 1. Naturally each e-mail also contains a link to proceed with the cancellation.

- Newsletter: To send the newsletter, the company uses the so-called "double opt-in" procedure, meaning that a newsletter will be sent via e-mail only if previously intention to activate the newsletter service during the registration procedure. It will therefore be the concern of the company to send a notification e-mail, through which it is possible to confirm that you wish to receive our newsletters by clicking on the appropriate link contained in the text.

In the event that, subsequently, you no longer wish to receive our e-mail newsletters, you may be revoke your consent at any time without incurring any transmission costs other than those provided for under the basic rates. Just send a written notification to Guarracino Trade Company S.r.l.

11.4. For more information on the Privacy Policy of Guarracino Trade Company S.r.l. and on the rights of the subject interested in the treatment, the user is invited to visit the special section "Privacy Policy & GDPR" present at the bottom of the Website Homepage.

11.5. Pursuant to and for the purposes of art. 12 of Legislative Decree 9 April 2003 n. 70, each purchase order sent to Guarracino Trade Company S.r.l. is stored digitally on the server located at the headquarters of the same company in accordance with the security and confidentiality criteria in force in the Italian legal system.

12. Applicable Law and Dispute Settlement

12.1. These General Terms and Conditions of Sale are governed by Italian law and will be interpreted based on it.

12.2. Any disputes concerning and / or consequent to the application, execution and interpretation of the GCV will be resolved exclusively by the Court of Naples, unless otherwise required by law.

12.3. Guarracino Trade Company S.r.l. informs the user / consumer who has submitted a complaint directly with the Company, without having reached an agreement, that the same Company reserves the right to make use of alternative organizations - Alternative Dispute Resolution (ADR) - for the out-of-court resolution of the dispute concerning the conclusion of a contract in accordance with these General Terms and Conditions of Sale.

The European telematic platform for online resolution of consumer disputes (O.D.R. platform) can be consulted at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

Through the ODR platform the user will be able to consult the list of ADR entities, find the link of the site of these bodies, and start a procedure for resolving the dispute in which it is involved.

12.4. If the value of the dispute does not exceed, excluding the rights, interests and expenses, € 2,000.00 (two thousand euros //), the user residing in a member state of the European Union other than Italy can access - for disputes covered by the preceding paragraphs - the European procedure for small claims pursuant to and for the purposes of Regulation n. 861/2007 available at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=celex%3A32007R0861

12.5 For anything not regulated by these Conditions, reference will be made to the current legislation.

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