Terms and Conditions of Sale
The sale of products on this website www.ivomilan.it (the “Site”) is governed by the terms and conditions that follow (the “General Terms and Conditions of Sale”).
For the sake of completeness, please note that the use of the Site is regulated by the “Site Terms of Use” document (available in the Italian version at the link www.ivomilan.com/it/usage.htm and in the English version at the link www.ivomilan.com/en/usage.htm) which, to the extent necessary, shall be understood as being fully incorporated herein and forming an integral and substantial part of these General Terms and Conditions of Sale.
For matters not expressly provided for in these General Terms and Conditions of Sale, the provisions of Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 (Electronic Commerce Code), and the Italian Civil Code shall apply.
Use of the Site and, in particular, the submission of purchase orders through it, implies the acceptance by users of the Site (the “Users” and, in the singular, the “User”) of these General Terms and Conditions of Sale as well as the Site Terms of Use and the commitment to comply with their provisions.
IVO MILAN Radical Fashion requests that anyone who does not intend to accept the provisions contained in the aforementioned contractual documents refrain from using the Site.
1. Identity of the seller
1.1. The products described and viewable by Users on the Site (the “Products” and, in the singular, the “Product”) are offered for sale by IVO MILAN Radical Fashion S.r.l., a company registered with the Padua Business Register, CCIAA/NREA PD 469467, VAT Number 05468930283, with registered office in Padua, Via Altinate 149 (the “IVO MILAN Radical Fashion”).
2. Purpose of the General Terms and Conditions of Sale
2.1. These General Terms and Conditions of Sale regulate the offer by IVO MILAN Radical Fashion, via the Site, of Products to Users and govern the conditions and terms of the product purchase and sale contracts that will be concluded between Users and IVO MILAN Radical Fashion through the Site itself.
2.2. IVO MILAN Radical Fashion reserves the right to place links, advertising banners, or hyperlinks on the Site referring to other entities or to products offered by them. Through such links, banners, or connections, the User may be directed to websites other than the Site, in relation to which these General Terms and Conditions of Sale, as well as the Site Terms of Use, will not apply.
For the sake of clarity, it is specified that IVO MILAN Radical Fashion will not be responsible in any way for the information and content present on websites other than the Site, nor for any transactions that may be carried out by Users through them. IVO MILAN Radical Fashion does not exercise any type of control over such sites, unless expressly indicated otherwise on the Site itself. Users are therefore invited to consult the terms of use applicable from time to time.
3. Parties eligible to operate through the Site: characteristics of Users
3.1. The Products are offered for sale by IVO MILAN Radical Fashion exclusively to Users who are end consumers. For the purposes of these General Terms and Conditions of Sale, an end consumer means a natural person who, in using the Site and purchasing Products through it, acts for purposes not related to any commercial, entrepreneurial, or professional activity they may carry out.
3.2. Only Users who, in addition to being end consumers as specified above, meet the following characteristics shall have the right to purchase the Products:
- be at least 18 years of age;
- possess full legal capacity to act and therefore meet the requirements to independently enter into legally binding purchase and sale contracts;
- possess an active e-mail address;
- be the holder of a credit card, prepaid card, or a bank account from which bank transfers can be made.
3.3. IVO MILAN Radical Fashion reserves the right not to process orders from Users who do not have the characteristics indicated in the preceding paragraphs 3.1 and 3.2. IVO MILAN Radical Fashion will also have the right to refuse the sale of Products to Users who appear to be acting on behalf of parties who do not qualify as end consumers.
4. Customer Service – Information
4.1. IVO MILAN Radical Fashion provides Users with a sales assistance service (the “Customer Service”) which can be contacted in the following ways:
- by sending an e-mail to the address radicalfashion@ivomilan.com;
- by mail to the following address: Via Altinate n. 149, 35121 Padua;
- by phone at the number +39 049 87 84 818, operating from Tuesday to Saturday from 10:00 to 13:00 and from 15:00 to 19:00.
4.2. Users may contact Customer Service for any complaints as well as to receive information regarding the methods of purchasing and paying for Products, shipments and deliveries, the right of withdrawal and the related procedures for returning purchased Products, product exchanges, as well as any other information related to the sale of Products through the Site.
5. Methods of purchasing Products through the Site
5.1. Upon the first purchase of Products through the Site, the User will be asked to create their own personal account; this account will remain valid for subsequent purchases made by the same User through the Site.
Once the account is created, the User can validly proceed with the product purchase procedure by following the instructions on the Site. For subsequent visits, the User must log in by entering the e-mail address and password specified during the account creation phase.
If the User forgets their password, they can request instructions to regenerate it via the Site. Personal data provided by the User during the account creation phase will be processed in accordance with the provisions of Article 11 below.
5.2. The purchase of Products through the Site will take place by filling out an order cart (the “Cart”), into which the User can place Products selected from the catalog on the Site.
Upon placing them in the Cart, the User will see the unit price of each Product added and the total value of the order.
5.3. Once the Cart is filled, the User will be asked to indicate the address where they wish to receive the Products. The User will also have the option to provide delivery notes, which IVO MILAN Radical Fashion will take into consideration when organizing the delivery, it being understood, however, that these shall not be binding for either IVO MILAN Radical Fashion or the assigned carrier/forwarder.
5.4. Once the delivery instructions are filled out, the User will see an order summary screen (the “Summary”), containing:
- the list of ordered Products;
- the quantity ordered for each Product;
- the unit price of each Product;
- the total value of the order;
- any taxes and shipping costs;
- the delivery address.
5.5. After viewing the Summary, the User may proceed to modify the quantity and type of Products ordered, as well as the chosen delivery address.
5.6. To finalize the order, the User must select a payment method from those available, accept these General Terms and Conditions of Sale, and submit the order using the appropriate button.
5.7. If the User selects payment by credit card or prepaid card, once the procedure is complete, they will receive an order confirmation at their e-mail address (the “Order Confirmation”), containing, among other things:
- the identification number of the Contract (the “Order Number”);
- the purchase price of the Products, including any applicable amounts (the “Price”);
- [•].
Upon receipt of the Order Confirmation by the User, the product purchase and sale contract (the “Contract”) shall be considered concluded, except as provided in Article 5.9 below.
5.8. If the User selects the payment method by bank transfer, they will receive an Order Confirmation containing the Order Number, the Price, and the bank details necessary to make the payment.
The User must proceed to make the bank transfer of the Price within 24 (twenty-four) hours of receiving the Order Confirmation. Any costs related to the bank transfer are borne by the User.
5.9. IVO MILAN Radical Fashion reserves a period of 8 (eight) working days, starting from the receipt of the Order Confirmation by the User, to verify:
- the availability of the ordered Products in its warehouse;
- for cases of payment by bank transfer only, the actual credit of the Price to the bank account of IVO MILAN Radical Fashion.
Should IVO MILAN Radical Fashion ascertain the non-availability or partial availability of the Products or, in cases of payment by bank transfer, the non-receipt of the Price, this circumstance will be communicated to the User via e-mail.
5.10. Should the Products covered by the Contract be available only in part, Customer Service will contact the User to verify their interest in purchasing only the available Products or alternative products.
In the event of the User's agreement regarding the modification of the Contract, Customer Service will update the order and send the relative Summary to the User.
5.11. The purchase order submitted by the User and all data related to the relative Contract will be stored in the electronic database of IVO MILAN Radical Fashion, without prejudice to the provisions of Article 11 below.
6. Payments
6.1. Payment of the Price may be made by the User using one of the methods available on the Site, including:
- credit card;
- prepaid card;
- PayPal;
- bank transfer in favor of IVO MILAN Radical Fashion S.r.l., Via Altinate 149, 35121 Padua, to the current account held in its name, IBAN: IT20H0200812101000106924615, BIC/SWIFT code UNCRITM1923.
6.2. In the event of payment by credit card or prepaid card, the relative information will be collected directly by the party responsible for the payment gateway without third parties, including IVO MILAN Radical Fashion, having access to it, except within the limits provided by the payment service used.
7. Shipment and delivery of Products
7.1. Following the completion of the checks related to the order and only in the event that they have had a positive outcome, IVO MILAN Radical Fashion will proceed to ship the Products ordered by the User by delivering them to the carrier/forwarder identified through the broker Mail Boxes, depending on the destination and the requirements of the shipment.
IVO MILAN Radical Fashion uses various carriers and shipping services depending on the geographical destination area, including SDA, TNT, UPS, DHL, and Express Mail Service (EMS).
7.2. The Products will be carefully packed by IVO MILAN Radical Fashion.
A security seal consisting of a steel wire covered with plastic material, bearing a plaque with the “IVO MILAN” logo (the “Security Seal”), will be applied to each Product. IVO MILAN Radical Fashion expressly recommends that the User not remove or alter the Security Seal in any way, under penalty of the possible forfeiture of the right to return according to the provisions of Article 8 below.
7.3. At the time of shipment of the Products, Customer Service will send the User, where available, the shipment number or tracking number provided by the chosen carrier, in order to allow the verification of the delivery status.
7.4. The shipping costs indicated at the time of the order and in the relative Order Confirmation will be applied to each Contract.
For shipments destined for countries outside the European Union, duties, taxes, and other import charges may also be applied in accordance with the provisions of the authorities of the destination country. Such amounts, when due, may be requested directly by customs authorities, the carrier, or other parties in charge of import procedures.
7.5. The delivery times indicated in the section dedicated to shipping on the Site are to be considered reference estimates. IVO MILAN Radical Fashion assumes no responsibility for any delays caused by the carrier, customs clearance procedures, or other circumstances beyond its control.
7.8. Should the User refuse to receive the Products or should it be impossible to effect delivery at the address indicated in the order, the User shall be required to reimburse IVO MILAN Radical Fashion for any additional expenses charged by the carrier/forwarder as a result of the non-receipt of the Products. Such expenses may be deducted from any amount that may be owed by IVO MILAN Radical Fashion to the User.
8. Right of withdrawal
8.1. The User has the right to withdraw from the Contract, without any penalty and without the need to specify the reasons for their withdrawal, within 15 days from the date of receipt of the Products (the “Delivery Date”).
8.2. In order to exercise the right of withdrawal, the User must communicate their withdrawal to Customer Service, indicating the Order Number and the Products for which they intend to exercise the right of withdrawal.
8.3. In case of a return due to a defect in the Product or an error by IVO MILAN Radical Fashion in the shipment, Customer Service will provide the User with the necessary instructions and, where applicable, the appropriate label for return through the carrier/forwarder indicated by IVO MILAN Radical Fashion.
In other cases, the User may use the return service organized by IVO MILAN Radical Fashion or use their own carrier/forwarder, assuming in the latter case the relative costs and responsibility for the shipment until the redelivery of the Products.
8.4. The right of withdrawal shall be considered correctly exercised if all the following conditions are met:
- the return request has been communicated within 15 days from the Delivery Date;
- the Products are returned in their integrity, with all labels, accessories, and any original packaging;
- the Products have not been used, worn, stained, washed, altered, or damaged and do not show signs of use;
- the Security Seal applied to each Product has not been removed and is intact;
- the return instructions communicated by Customer Service have been followed.
8.5. The returned Products must be sent to IVO MILAN Radical Fashion in a single shipment. IVO MILAN Radical Fashion reserves the right not to accept Products covered by the same Contract returned at different times.
8.6. The User shall have the right to exercise withdrawal even only in relation to some of the Products included in the Contract, except in the case where the Products constitute a single inseparable set.
8.7. Customer Service is available to Users to answer any questions regarding the right of withdrawal and return procedures.
9. Refund timing and methods
9.1. Upon receipt of the returned Products, IVO MILAN Radical Fashion will promptly verify compliance with the return conditions, communicating the outcome to the User via e-mail.
9.2. Should it be found that the conditions provided for the return have not been met, IVO MILAN Radical Fashion reserves the right not to accept the return and to return the relative Products to the User according to the applicable methods.
9.3. Should the right of withdrawal have been correctly exercised, IVO MILAN Radical Fashion will proceed with the refund according to the foreseen conditions and methods.
9.4. Any refunds due from IVO MILAN Radical Fashion may only be credited back to the person from whom the payment to be refunded was received.
10. Product Characteristics and Prices
10.1. The essential characteristics of the Products sold through the Site are indicated in the relevant product page. The page includes, among other things, a description of the materials from which the individual Product was made.
Washing instructions, which the User is advised to follow, are contained on the label attached to each Product.
10.2. IVO MILAN Radical Fashion declares and warrants that the Products comply with the regulations applicable in European Union member countries.
10.3. Although IVO MILAN Radical Fashion takes the utmost care in creating and publishing images of the Products, such images, and in particular the colors represented, are to be considered indicative, as correct display may depend on variables such as the browser, the monitor used, and the related settings.
10.4. IVO MILAN Radical Fashion shall have the right to modify and update the prices of the Products published on the Site at any time, it being understood that the price applicable to the User shall be the one indicated at the time the Contract is concluded.
10.5. IVO MILAN Radical Fashion reserves the right to apply prices to Products offered through the Site that differ from those that may be applied at its physical store.
11. Protection of Users' Personal Data
11.1. The personal data provided by Users through the Site ("Personal Data") will be used by IVO MILAN Radical Fashion for the purposes of providing its services and fulfilling orders placed by Users, in accordance with applicable regulations.
11.2. Personal Data will be processed, stored, and used by IVO MILAN Radical Fashion, as the data controller, in compliance with current legislation.
11.3. Users may exercise the rights recognized by current legislation regarding the protection of personal data.
11.4. For any other information on the processing of Personal Data, Users may contact Customer Service.
12. Applicable Law and Dispute Resolution
12.1. The General Terms and Conditions of Sale, as well as every Contract concluded by Users with IVO MILAN Radical Fashion through the Site, are governed by Italian law, without prejudice to mandatory rules applicable for the protection of the consumer.
12.2. Any dispute that may arise in relation to the purchase of Products through the Site shall be referred to the competent judicial bodies in accordance with applicable law.
12.3. IVO MILAN Radical Fashion expresses its willingness to evaluate any amicable dispute resolution procedures according to the tools provided by current legislation.
13. Amendment and Update
13.1. These General Terms and Conditions of Sale may be subject to adjustments or amendments. They shall become effective from the moment of their publication on the Site.
In relation to each Contract, the General Terms and Conditions of Sale in the version viewable by the User at the time of placing the order itself shall apply.
Users are therefore invited to review the General Terms and Conditions of Sale in force in relation to each order placed.