Terms of service

The following General Conditions of Sale regulate the offer and sale of products on this website www.zanishop.it (Site).

The products purchased on the Site are offered and sold by Zani Serafino srl, with registered office in Lumezzane (BS), via Maestro Zanagnolo n. 17/b (VAT number 00600770986), share capital equal to Euro 200,000.00 iv, PEC: robfin@legalmail.it

1. Scope of application

1.1 The sale of products via the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.

1.2 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Zani Serafino srl that are present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Zani Serafino srl is not responsible for the provision of services and/or the sale of products by such parties. Zani Serafino srl does not carry out any checks and/or monitoring on the websites that can be consulted via such links. Zani Serafino srl is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.

2. Purchases on the Site

2.1 Access to sales made through the Site is reserved exclusively for users who are 18 years of age or older.

2.2 Access to the offers on the Site is permitted both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumer is the natural person who, in relation to the purchase of the Products, acts for purposes unrelated to any commercial, artisanal, entrepreneurial or professional activity carried out; while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the quality of professional is the natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary.

2.3 Under no circumstances will retailers or wholesalers or, in general, all those who intend to purchase the Products for the purpose of subsequent resale be able to make purchases on the Site.
It is therefore prohibited for such individuals to register on the Site and make purchases on the Site.

2.4 Zani Serafino srl reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Zani Serafino srl; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent Zani Serafino srl documents requested by the latter on the basis of these General Conditions of Sale or who have sent invalid documents; (v) users who do not provide sufficient guarantees of solvency.

3. Registration on the Site

3.1 The purchase of Products on the Site is permitted to both registered users and users who are not registered on the Site. Registration on the Site is free. To register on the Site, the user must fill out the registration form accessible from the “Login” link on any page of the Site.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Zani Serafino srl without delay, by contacting them as indicated in art. 14, in case of suspected improper use and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to hold Zani Serafino srl harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the storage of the registration credentials.

4. Information aimed at concluding the contract

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Zani Serafino srl informs the user that: - to conclude the purchase contract for one or more Products on the Site, the user must fill out an order form in electronic format and send it to Zani Serafino srl, electronically, following the instructions that will appear from time to time on the Site and that will accompany the various phases of the purchase; - the contract is concluded when the order form reaches the Zani Serafino srl server; - once the order form has been registered and confirmation of the authorization to pay the total amount due has been received, Zani Serafino srl will send the user, via email to the email address indicated, the order confirmation, containing a summary of the General Conditions of Sale and the specific conditions applicable to the contract, information relating to the characteristics of the purchased Product, detailed information on the price, the payment method used, delivery and invoicing data, delivery costs and any additional costs as well as the Customer Service contacts, to whom the user can contact to request assistance and/or submit complaints. It is recommended to keep the email received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in art. 10 will be attached to the email confirming the shipment of the purchased product. - the order form will be archived in the Zani Serafino srl database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, you can consult your account.

5. Validity of offers and prices

5.1 All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"). Any additional costs, inclusive of VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same, as well as in the order confirmation email.

5.2 The price of the Products may be modified by Zani Serafino srl at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time the order is sent. Any variations (increases or decreases) in price subsequent to the transmission of the order will not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Crossed Out Price) and on which the discount that Zani Serafino srl applies is calculated corresponds to the list price published on the Site. The user is reminded that the Crossed Out Prices may provide an indication of the value of the Product, but that in some physical stores the actual price of the same may be different.

5.4 On the Site it is possible for some categories of products to request a customization operation through the indelible affixing of one's own identifier and according to the methods indicated including for example the available graphics. It is not possible to request customizations other than those provided for by the Site.

6. Purchase Orders - Product Information

6.1 Zani Serafino srl will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code. The user will be notified of such termination and the consequent cancellation of the order immediately after the order has been sent, via the Site.

6.2 The Products will remain the property of Zani Serafino srl until the Total Amount Due has been paid by the user. The risk of loss or damage to the Products, for reasons not attributable to Zani Serafino srl, will instead be transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or computers used by users to view them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes
of the purchase contract, the description of the Product contained in the order form sent to the user will be valid.

7. Product Availability

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code or in any case in which the payment of the Total Amount Due has already occurred, Zani Serafino srl, without prejudice to the user's right to compensation for damages, will reimburse such amount without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The amount of the reimbursement will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the charge.

7.3 In the case of orders involving multiple Products (Multiple Order), if the subsequent unavailability concerns only some of the Products in the Multiple Order – without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2 above, if the subsequent unavailability concerns all the Products in the order – Zani Serafino srl will immediately notify the user by email. The user will therefore be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to art. 61, paragraphs IV and V, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Zani Serafino srl, without prejudice to the user's right to compensation for damages, will refund the amount due in relation to such Product(s), including delivery costs, calculated as indicated in art. 8.3 below, and any other additional costs due specifically in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The amount of the refund will be communicated to the user via email. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessoriness of the Products subject to the Multiple Order which have become unavailable with respect to the other available Products subject to the Multiple Order.

8. Delivery of purchased Products

8.1 Deliveries of the purchased Products are made worldwide, with standard and express service. Any delivery limitations will be indicated from time to time on the Site.

8.2 Shipping is free for orders of an amount equal to or greater than the threshold shown during the checkout process and on the “Shipping” page, unless otherwise specified on the Site. If applicable, the amount of delivery costs owed by the user in relation to a specific order is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the order. In the event of failure to indicate a specific delivery date, it will, in any case, take place within thirty days from the date of conclusion of the contract.

8.3 In the event of partial withdrawal from Multiple Orders, the initial delivery costs are not refunded, except for any part charged specifically for the Products subject to withdrawal.

8.4 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user. It is up to the user to check the conditions of the Product that has been delivered to him/that he has collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Zani Serafino srl is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, nor wet or in any way altered, including the sealing materials and is invited, in his/her interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged. The courier will make two delivery attempts, after which he will send the Products back to Zani Serafino srl, which will refund the money to the customer. At the time of delivery, nothing is owed to the courier.

8.5 The provisions of art. 61 of the Consumer Code shall apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

9. Payment Methods

9.1 Payment for the Products can be made by credit card, through the payment solutions Shopify Payments, VivaWallet, PayPal and Klarna. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

9.2 The commercial invoice will be sent by email. For the issuance of the invoice, the information provided by the user will be valid, which he declares and guarantees to be true, obliging himself to hold Zani Serafino srl harmless and indemnified from any damage, including sanctions issued by the competent authorities, that may arise in the event of non-correspondence of the same to the truth.

9.3 Payment by credit or debit card

9.3.1 Payment for the Products can be made by credit or debit card directly through the Site. Zani Serafino srl accepts VISA, Mastercard and American Express cards. At the time of placing the order, no charge will be made to the credit card used by the user for payment. The charge will be made only after (i) the data of the credit card used by the user for payment have been verified and (ii) the company issuing the credit card used by the user has issued authorization for the charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be asked to complete the purchase procedure by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may imply the impossibility of finalizing the purchase on the Site.

9.3.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Zani Serafino srl reserves the right to ask the user, via email, to send, via the same means, a copy of the front/back of his/her identity card and, in the event that the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The request email will specify the deadline by which the document must reach Zani Serafino srl. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

9.3.3 In the event that Zani Serafino srl does not receive such documents within the time specified in the request email or receives expired or invalid documents, the contract will be considered terminated by operation of law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will consequently be cancelled, without prejudice to the right of Zani Serafino srl to compensation for any damages it may have incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by email, no later than 5 working days from the expiry of the deadline for sending the documents requested by Zani Serafino srl, will result in the cancellation of the order, with consequent reimbursement of the Total Amount Due.

9.3.4 In the event that Zani Serafino srl receives valid documentation within the time limit indicated in the email referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.

9.3.5 Confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Zani Serafino srl. Zani Serafino srl therefore never has access to and does not store the credit card data used by the user to pay for the Products, except, limited to the data relating to the cardholder, the case provided for in articles 9.3.2 and 9.3.3.

9.4 Payment via PayPal and Klarna payment solution.

9.4.1 Payment for the Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as the payment method, he/she will be redirected to the site www.paypal.it where he/she will make the payment for the Products according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the latter and will not be transmitted or shared with Zani Serafino srl. The latter is therefore not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected to that account.

9.4.2 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user's PayPal account. The times for crediting the payment instrument linked to such account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of such account, Zani Serafino srl cannot be held responsible for any delays or omissions in crediting the user with the reimbursement amount, for which the user must contact PayPal directly.

9.4.3 On the Site, it is also possible to make purchases using Klarna's three (3) installment payment solution. The first payment is charged when the order is shipped, while the subsequent two payments are charged 30 and 60 days after the first charge, respectively. If the user chooses Klarna as the payment method, he/she will be redirected to the website www.klarna.com where he/she will follow the procedure established and regulated by Klarna and the terms and conditions of the contract agreed between the user and Klarna. The data entered on the Klarna website will be processed directly by Klarna and will not be transmitted or shared with Zani Serafino srl.

10. Right of Withdrawal

10.1 The user who is a consumer has the right to withdraw from the contract concluded with Zani Serafino srl, without having to bear costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days: a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product; b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece. The right of withdrawal does not apply to users purchasing as professionals.

10.2. To exercise the right of withdrawal, the user must inform Zani Serafino srl of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 To this end, the user may send Zani Serafino srl an explicit statement of their decision to withdraw: (i) through the return function available in their customer account, “My orders” section; (ii) by email to zani@serafinozani.it; (iii) by post to Zani Serafino srl, Via Campagnola 10, 25062 Concesio (BS), Italy. The user may use the model withdrawal form published on the “Returns and Refunds” page of the Site, but is not obliged to do so. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium when notifying Zani Serafino srl of the withdrawal.

10.4 After notifying the withdrawal, the user must return the Product to Zani Serafino srl without undue delay and in any case within 14 days from the day on which they communicated their decision to withdraw; the deadline is met if the user sends back the Product before the 14-day period has expired. The return methods (BRT pickup for shipments from Italy, DHL label for shipments from the European Union, prior agreement with Customer Service for shipments from non-EU countries) are set out on the “Returns and Refunds” page of the Site; the user may in any case return the Product with a carrier of their choice. The direct costs of returning the Product are borne by the user, unless the return is due to a defective, non-conforming, damaged or wrongly shipped Product. If the user uses the pickup service or shipping label provided by Zani Serafino srl, its cost will be deducted from the amount to be refunded. For returns from non-EU countries, customs duties, taxes and customs charges are also borne by the user. The return shipment is made under the user's responsibility, and the user must use packaging suitable to protect the Product. If the user has used a discount code (see section 11 below) to purchase the Product for which they have exercised the right of withdrawal, the refund will only cover the sum of money actually paid by the user and not the value of the discount code.

10.5 If the user withdraws from the entire contract, Zani Serafino srl will refund all payments received from the user, including the cost of the initial standard delivery, without undue delay and in any case no later than 14 calendar days from the day on which it was informed of the user's decision to withdraw from the contract. Any supplementary costs resulting from the user's express choice of a type of delivery more expensive than the least expensive standard delivery offered by Zani Serafino srl will not be refunded (art. 56(2) of the Italian Consumer Code). In the event of partial withdrawal, art. 10.6 applies. The cost of the pickup service or label referred to in art. 10.4, if used, and any diminished value referred to in art. 10.9 will be deducted from the amount to be refunded. Import duties and taxes paid by the user to third parties in the destination country are not refunded by Zani Serafino srl. Zani Serafino srl may withhold the refund until it has received the Product back or until the user has supplied evidence of having sent it back, whichever is the earlier. The refund will be made using the same means of payment used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any event, the user will not incur any fees as a result of the refund. Information on exercising the right of withdrawal and the model withdrawal form are made available to the user, before the conclusion of the contract, on the “Returns and Refunds” page of the Site.

10.6 In the event of partial withdrawal, the amount of delivery costs to be refunded to the user following the withdrawal will be calculated as indicated in the preceding art. 8.3.

10.7 The user is liable only for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish its nature, characteristics and functioning. The user is asked to keep and handle the Product with ordinary care and to return it complete with all accessories and instruction leaflets and, where possible, in its original packaging. Opening the packaging does not prevent the user from exercising the right of withdrawal; any diminished value of the Product will be handled as provided in art. 10.9. The withdrawal applies to the Product in its entirety and therefore cannot be exercised in relation to parts and/or accessories of the Product (which do not constitute separate Products).

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Zani Serafino srl will notify the user within 5 working days of receiving the Product, rejecting the request for withdrawal. The Product, if already received by Zani Serafino srl, will remain at Zani Serafino srl at the user's disposal for collection, which must take place at the user's expense and under his/her responsibility.

10.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Zani Serafino srl will inform the user of the circumstance and the resulting decreased refund amount within 5 working days of receiving the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.

10.10 In the event that, in accordance with one of the legal hypotheses, the right of withdrawal does not apply, such exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds to transmit the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale has as its object:
(i) products made to measure or clearly personalized (for example purchased in accordance with the methods set out in point 5.4);
(ii) sealed products which are not suitable for return for hygiene or health protection reasons, which have been opened after delivery.

10.11 The “Returns and Refunds” page of the Site summarises the practical steps for exercising the right of withdrawal and returning Products. In the event of any inconsistency, the provisions most favourable to the consumer shall prevail.

11. Discount codes

11.1 On the Site it is also possible to purchase using discount codes issued by Zani Serafino srl. If the value of the discount code is lower than that of the order, the remaining amount can be completed using the other payment methods provided on the Site.

11.2 Discount codes cannot be combined with each other for a single purchase. Discount codes cannot be used to purchase products already on promotion. Discount codes cannot be used for payments of amounts less than their value. Each discount code can be used for a single purchase. In no case do discount codes give the right to change in the case of purchases of a lower amount.

11.3 Any products for which it will not be possible to use discount codes will be duly reported on the Site. In the event of cancellation for any reason of an order for which a discount code has been used, the relative amount will be credited back to the customer's personal account.

11.4 Under no circumstances can discount vouchers be converted into cash.

12. Legal Guarantee of Conformity

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128 et seq. of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), as amended by Legislative Decree no. 170 of 4 November 2021 (Legal Guarantee).

TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out. Those who have purchased on the Site and who do not have the status of consumers will be subject to the guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations.

WHEN TO APPLY

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of delivery. Legal action for defects not fraudulently concealed by the seller is time-barred, in any case, 26 months after delivery. Unless proven otherwise, any lack of conformity which becomes apparent within one year of delivery of the Product is presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the Product or of the lack of conformity. The user is invited to report the defect to Customer Service, using the contact details in art. 14, as soon as it is discovered so that it can be dealt with promptly; this invitation does not constitute a deadline resulting in the loss of rights. To benefit from the Legal Guarantee, the user should keep the purchase invoice sent by Zani Serafino srl, or any other document showing the date of purchase (e.g. a credit card statement) and the date of delivery.

WHAT IS A DEFECT OF CONFORMITY?

There is a lack of conformity when the purchased good: - is not suitable for the use for which goods of the same type are normally used; - does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model; - does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or on the labelling; - is not suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted. Any faults or malfunctions or defects of another type caused by accidental events or by the user's responsibility or by use of the Product that is not in accordance with its intended use and/or as provided for in the technical documentation attached to the Product, where applicable, or in the instructions for use relating to the same, are therefore excluded from the scope of the Legal Guarantee.

REMEDIES AVAILABLE TO THE USER

In the event of a lack of conformity, the user is entitled to have the Product brought into conformity, choosing between repair and replacement, unless the chosen remedy is impossible or would impose costs on the seller that are disproportionate compared to the other remedy. Repair or replacement shall be carried out free of charge, within a reasonable period of time from the moment the seller has been informed of the defect, and without significant inconvenience to the user. The user is entitled to a proportionate reduction of the price or to termination of the contract in the cases provided for by art. 135-bis of the Consumer Code, in particular where: (i) the seller has not carried out repair or replacement, or has refused to do so; (ii) a lack of conformity appears despite the seller's attempt to bring the Product into conformity; (iii) the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract; (iv) the seller has declared, or it is clear from the circumstances, that it will not bring the Product into conformity within a reasonable time or without significant inconvenience for the user. The user is not entitled to terminate the contract if the lack of conformity is only minor.

WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY

In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, shows what could be a lack of conformity, the user must contact Customer Service, at the addresses and in the manner indicated in art. 14. Zani Serafino srl will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on the methods of shipping the goods, also taking into account the product category to which the Product belongs and/or the defect reported. Shipping costs required for the repair, replacement or return of the defective Product are borne by Zani Serafino srl.

REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE

In the event of termination of the contract, Zani Serafino srl will refund the user the price paid for the Product upon receipt of the Product or of evidence that it has been sent back, at Zani Serafino srl's expense. In the event of a price reduction, Zani Serafino srl will refund the amount of the reduction, proportionate to the decrease in value of the Product caused by the defect. At the user's request, instead of a refund, a purchase voucher of equivalent value may be issued for use on the Site. The amount of the refund or reduction will be communicated to the user by email and credited to the payment method or solution used by the user for the purchase. Zani Serafino srl is not liable for faults or damage resulting from improper use of the Product and/or use not in accordance with the manufacturer's instructions, or from unforeseeable circumstances or force majeure.

13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution

13.1 Contracts concluded between users of the Site and Zani Serafino srl are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communication of the same and the legal guarantee of conformity.

13.2 Please remember that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Conditions of Sale will be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.

13.3 Pursuant to art. 141-sexies, paragraph 3, of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Zani Serafino srl informs users who qualify as consumers under art. 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint directly to Zani Serafino srl and it has not been possible to resolve the resulting dispute, Zani Serafino srl will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes concerning obligations arising from a contract concluded under these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute. In any case, the consumer's right to bring the dispute before the competent ordinary court remains unaffected, whatever the outcome of the out-of-court settlement procedure.

13.4 The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu .

14. Customer service and complaints

14.1 It is possible to request information, send communications, request assistance or forward complaints by contacting Customer Service in the following ways: - by email, at zani@serafinozani.it; - by post, writing to Assistenza Clienti Zani Serafino srl via Maestro Zanagnolo, 17/b, 25065 Lumezzane (BS) Italy; - using the online chat; - filling in the form on the “ Contacts ” page.

14.2 Zani Serafino srl will respond to complaints submitted within two working days of receiving them.