User Identification
The User is the one who by visiting the website encanto.it benefits from goods or services free of charge and anonymously.

Registered User Identification
A Registered User is one who by registering on the encanto.it website benefits from goods or services free of charge and in a non-anonymous form.

Customer Identification Physical Person
The Customer Physical Person hereinafter referred to as “Customer” is the User who, after registration, accessing the website encanto.it with his/her credentials finalizes a purchase order of goods or services for purposes unrelated to the commercial or professional activity exercised and provides his/her personal data (First Name, Last Name, Tax Code etc ) for the issuance of a receipt/invoice of sale.

Customer Identification Company or Professional
The Client Company or Professional hereinafter referred to as “Client” is the User who, after registration, accessing the website encanto.it with their credentials finalizes a purchase order of goods or services for purposes pertaining to the commercial or professional activity exercised and provides the data (Company Name, Address, VAT etc ) relating to the company represented, to which the sales invoice will be headed.

Seller Identification
The goods or services covered by these general conditions are offered for sale by Encanto srl, owner of the website encanto.it and any subdomains *. encanto.it, having its registered office in San Prospero (Modena) Italy, via Filippo Turati, no. 5/b zip 41030, registered with the Chamber of Commerce of Modena, Italy, under no. MO-331533 of the Companies’ Register, Tax ID code and VAT No. IT02793310364, email address info@encanto.it and certified email address encantosrl@pecimprese.it, hereinafter referred to as “Seller”.

At the time of finalizing an order through the encanto.co.uk Website, by confirming that they have read and accepted the “Terms of Sale,” the Customer declares their unconditional acceptance of the terms and conditions specified below.
Capitalized terms used in these Terms of Sale shall be construed according to the meaning set forth below in the “Definitions” section of this document.
These Conditions of Sale, together with the order confirmation sent by e-mail, represent the contract for the supply of consumer goods between Seller and Customer, as identified above. No other conditions or terms may apply.
The Seller may make changes to these Conditions at any time. The Customer is, therefore, required to agree exclusively to the Terms of Sale in effect at the time of the relevant purchase, a copy of which will be sent and/or made accessible to the Customer at the e-mail address provided by the Customer when registering on the Site.
The Terms and Conditions of Sale are published on the website encanto.it in order to allow their knowledge, as well as storage and reproduction by the Customer. These premises form an integral and substantial part of the Online Sale Agreement between Customer and Seller.

1.1. The expression “Site” refers to the website that can be reached at the address (url) encanto.it (https://encanto.it).
1.2. The expression “User” means the natural person who by visiting the encanto.it website benefits from goods or services free of charge and anonymously.
1.3. The expression “Registered User” means the natural or legal person who has access to the Site (as defined below), through the procedure of registration and creation of an account as provided in Article 3 below.
1.4. The term “Customer” means the person, identified above who finalizes the purchase referred to in this contract.
1.5. The term “Physical Person Customer” means any natural person who finalizes purchases for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity.
1.6. The term “Company or Professional Customer” means any natural person who finalizes purchases pertaining to the entrepreneurial, commercial, handicraft or professional activity possibly carried out.
1.7. The term “Seller” means the subject, identified above, the legal entity, acting within the framework of commercial, industrial, handicraft or professional activity and offering the goods through the website of which it is the owner.
1.8. The term “Online Sales Contract” means the contract of purchase and sale relating to the Seller’s tangible movable goods, concluded between the Seller and the Customer within the framework of a distance selling system through telematic means, organized by the Seller.
1.9. “Remote Communication Techniques” means any means that, without the simultaneous physical presence of the Seller and the Customer, may be employed for the conclusion of the contract between the said parties.

2.1. By this contract, respectively, the Seller sells and the Customer purchases at a distance through telematic means the tangible movable goods or services indicated and offered for sale on the encanto.it website.
2.2 The products and/or services referred to in the preceding paragraph are illustrated on the webpage encanto.it/en/shop.

3.1. Creating an account on the Site is free of charge. It can be done by registering to the Site and accepting the “Terms and Conditions” described on this page and available online via the appropriate link located in the lower menu of the site itself, or (in the event that the User has downloaded the application that may be available for mobile devices called “Encanto”) by registering to the App.
3.2. In the event that the User has already registered for the App or has, in any case, already created a personal account, the User will be able to access the services offered by the Site by entering in the login form the authentication credentials of the account already in his/her possession.
3.3. To create an account by registering on the Site, the User must first provide his or her E-mail Address, then and automatically he or she will receive a confirmation e-mail containing the Username and Password also generated automatically as well as the link to access the Site. The Registered User can then log in to the Site with these credentials and later change the Username and Password at will.
3.4. In order to verify that the minimum age required by law is met, you may be asked to enter your tax code. It’s up to the Seller, subject to legal obligations, to consider whether or not to proceed with the conclusion of the contract based on the age of the customer and the nature of the purchase.
3.5. The creation of an account enables a User who intends to proceed with the purchase of consumer goods through the Seller’s site to perform the following activities, among others, directly through that site:
a) saving and editing one’s personal data;
b) access to all order information;
c) management of one’s personal data and updating at any time;
d) enjoyment of the dedicated services that may be activated from time to time (e.g. viewing your ‘wish list’ or ‘shopping cart’ created without finalizing the purchase , etc.).
3.6. The Registered User warrants that the information provided during the registration process is complete, correct and true. User agrees to hold Seller harmless and indemnified from any and all damages, compensatory obligations, and/or penalties arising out of or in any way connected with User’s violation of the rules on registering with the Site or retaining Registration Credentials. You are therefore solely responsible for accessing the Site using your Registration Credentials and are directly liable for any damage or injury caused to Seller or any third party by misuse, loss, misappropriation by others or failure to maintain adequate secrecy of your Registration Credentials. All operations performed through the Registration Credentials are considered to be performed by the User to whom they refer.
3.7. By registering on the site, the User agrees to receive communications from the Seller, aimed at the execution of this contract. The User may request at any time not to receive further e-mail communications while retaining the ability to access and use the Site.
3.8. The Vendor reserves the right to refuse, at its sole discretion, a User’s registration with the Site.
3.9 The Seller reserves the right not to accept orders, from whomever they come from, that are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspicious use of promotional codes.
3.10. The Registered User may at any time request the cancellation of its registration or even only of its Personal Data associated with orders, by sending appropriate communication to the following e-mail address supporto@encanto.it. This will be followed by an email from the Seller confirming that the Account or Personal Data has been deleted.
3.11. The contract between the Seller and the Customer is concluded exclusively through the Internet network by means of the Customer’s access to the address of the Site where, following the indicated procedures, the Customer will arrive to formalize the proposal for the purchase of the goods or services indicated in point 2.
3.12. In accordance with Leg. April 9, 2003, no. 70 on electronic commerce, the Seller informs the Customer that:
a) To conclude the contract for the purchase of one or more goods or services through the Site, the Customer shall complete an order in electronic format and transmit it to the Seller, electronically, following the instructions that will appear from time to time on the Site;
b) Seller sends the Customer and e-mail confirmation and summary of the order as set forth in Section 4.7;
c) before proceeding with the transmission of the order, the Customer may identify and correct any data entry errors by following the instructions on the Site or modify the order;
d) after the order has been transmitted, the Customer may modify it, by accessing the “My Orders” area of the Site and following the instructions that will appear on the Site, until it appears that the order is no longer modifiable; without prejudice, in any case, to the right of withdrawal referred to in paragraph 12 below.
3.13. The language available to the Customer for the conclusion of the contract is Italian and English. Customer Support is able to communicate in the same languages.

4.1. The offer and sale of products through the Site constitute a distance contract governed by Articles 45 ff. of Leg. September 6, 2005, no. 206 (“Consumer Code”) and by Leg. April 9, 2003, no. 70, containing the regulation of electronic commerce.
4.2. For the purpose of concluding the contract, the Customer shall ensure the exact completion of the form/form attached to the online e-catalogue at encanto.it/en/checkout/ and to the subsequent online submission of the form/form itself, always after displaying a printable order summary web page, in which the details of the ordering party and the order are shown, with the product information sheet, the price of the product(s) purchased, the shipping costs and any additional charges and additional costs, the payment method and terms, the address where the product will be delivered, the expected time of delivery (indicative), the invitation to carefully read these ‘Terms and Conditions of Sale’ and the ‘Instructions on Withdrawal’.
4.3 Upon viewing the order summary page, the Registered User who wishes to proceed with the purchase selects the ‘Place Order’ option. By submitting the order form/form, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase process, as well as the additional information contained on the Site regarding the ‘Privacy Policy’, and fully and unconditionally accepts the ‘Terms and Conditions of Sale’.
4.4. The Seller reserves the right to refuse or cancel orders that come from the Registered User.
4.5. The order will be stored in the Seller’s database for as long as necessary for its execution and, in any case, within the terms of the law; the Customer, moreover, will be able to access his order by consulting the ‘Orders’ section on the My Account page of the Site.
4.6. The Seller will notify the Customer of any inability to accept the orders received within 24 (twenty-four) hours starting from the business day following the day on which the Customer transmitted the order and will refund any sums already paid for the payment of the supply. In the case of shipment and delivery within 24/48 hours of the order, Seller will notify Customer of any inability to accept orders received within 4 (four) hours from the time of the order.
4.7. At the time when the Seller receives the order from the Customer, it shall send an e-mail confirming and summarizing the order, in which the data recalled in Section 4.2 shall also be included.
4.8. The contract shall not be considered perfected and effective between the parties in the absence of the sending by the Seller of the e-mail referred to in the preceding paragraph.
4.9. The Customer undertakes to verify the correctness of the data contained in the order confirmation e-mail and to notify the Seller within 24 (twenty-four) hours of receipt thereof of any corrections. In the case of shipment and delivery within 24/48 hours of the order, the Customer undertakes to verify the correctness of the data contained in the order confirmation e-mail and to notify the Seller within 4 (four) hours of receipt of the same of any corrections. If the confirmation of the correctness of the data by the Customer does not arrive within the specified time, it is the right of the Seller to proceed to the cancellation of the order. Possible additional expenses caused by data errors not reported in a timely manner will be borne by the Customer.
4.10. The order number, generated by the system and communicated by the Seller regarding the purchase made, shall be used by the Customer in any subsequent communication with the Seller.

5.1. Any payment by the Customer may be made only by one of the methods indicated in the purchase form/form.
5.2. All payment-related communications take place on a special Seller line protected by an encryption system. The Seller guarantees the storage of this information with an additional layer of security encryption and in deference to the provisions of current data protection regulations.
5.3. For transaction security reasons, the Seller reserves the right to request the submission of the details or a copy of an identity document of the Credit Card holder.
5.4. At the same time that the order confirmation and summary e-mail is sent, the amount corresponding to the purchased product(s) will be charged to the Customer. In the event that, for whatever reason, the debiting of the amounts due by the Customer does not take place, the sale process is automatically cancelled and the sale automatically cancelled.
5.5. The Vendor will issue the receipt/invoice for the purchase of the product(s), sending it via e-mail to the order holder at the same time as the order passes to the status of ‘Completed’ or in any case within 48 (forty-eight) hours from the e-mail confirming and summarizing the order or making it available in the’Orders’ section on the My Account page of the Site. The information provided by the Customer will be the basis for issuing the receipt/invoice. No data changes will be possible after the issuance of the receipt or invoice requested by the Customer.
5.6. Any refund to the Customer will be credited to the Customer in the manner and at the times set forth in Sections 14.3, 14.4, 14.5, and 14.6 below.

6.1. The Seller will deliver the product(s) selected and ordered, in the manner chosen by the Customer or indicated on the Site at the time the product was offered, as confirmed in the e-mail referred to in Section 4.7.
6.2. Shipping and delivery times may vary from the same day of the order to a maximum of 60 working days after order confirmation and are made known to the Customer at the time of order confirmation. In the event that Seller is unable to meet said terms, but, in any event, within that specified in the following paragraph, or in the event that delivery is delayed or unduly burdensome due to causes attributable to Customer, timely notice will nevertheless be given by e-mail to Customer.
6.3. Shipping methods, delivery times and costs are clearly stated and well highlighted by accessing the ‘Orders’ section on the My Account page of the Site.

7.1. Each product is accompanied by an information sheet explaining its main features (so-called “Product Info Sheet” or “Product Info”).
7.2. The visual representation of products on the Site, where available, normally corresponds to the photographic image in digital format accompanying the description sheet. The image is for the sole purpose of presenting products for sale and for this purpose is representative of its characteristics.
7.3. All sales prices of the products displayed and indicated within the Site and/or on the specific Shop page, are expressed in euros and constitute an offer to the public pursuant to Art. 1336 Civil Code.
7.4. The sale prices, mentioned in the preceding paragraph, unless otherwise indicated, are inclusive of VAT and any other taxes.
7.5. Shipping costs and any additional charges (e.g., customs clearance), if any, while not included in the purchase price are indicated and calculated in the purchase procedure prior to the placing of the order by the Customer and also contained in the summary web page of the order placed.
7.6. Prices listed against each of the goods or services offered to the public are valid until the date indicated in the catalog or individual good or service.

8.1. The Seller ensures through the computer system used that orders are processed and fulfilled without delay.
8.2. The availability of products is indicated on the “Product Page” or “Product Info Sheet” in which it is also indicated whether the products are possibly out of stock or otherwise not immediately available. If the products are available, the estimated shipping time should also be clearly indicated.
8.3. If an order exceeds the existing quantity in the warehouse, the Seller, by e-mail, will inform the Customer whether the product is no longer bookable or what the waiting time is to obtain the chosen product, asking whether he intends to confirm the order or not, with the application in the latter case of the provisions of paragraph 8.8 below.
8.4. The Seller’s computer system confirms in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the Customer.
8.5. In the case of orders involving a plurality of products (so-called “Multiple Order”), if the unavailability affects only some of the products covered by the Multiple Order, the Seller will immediately notify the Customer by e-mail and the latter will, therefore, be entitled to immediately terminate the contract, limited to the product(s) unavailable (or become unavailable).
8.6. It is, in any case, without prejudice to the right to damages.
8.7. In the event that the purchase contract having as its object the product(s) is terminated as a result of unavailability of the product(s), limited to such product(s) a refund shall be made, within the terms set forth in Section 8.8 below, of the amount due in respect of such product(s), if any, including delivery charges, and any other additional charges due specifically in respect of such product(s), if any.
8.8. In the event that the Customer does not confirm the order and the payment of the total amount due, including any other additional costs, has already taken place, the Seller will make a refund of the total amount due without undue delay and, in any case, within the term of 14 (fourteen) working days from the sending of the order. The amount of the refund will be communicated to the Customer by e-mail.

9.1. The Seller assumes no liability for inefficiency attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
9.2. The Seller shall not be liable to the Customer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control.
9.3. The Seller shall also not be liable with respect to damages, losses and costs incurred by the Customer as a result of the non-performance of the contract for reasons not attributable to the Seller, without prejudice, however, to the Customer’s right to a full refund of the price paid and any ancillary charges incurred.
9.4. The Seller assumes no liability in the event of any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence, in full compliance with the regulations in force at the time of purchase.
9.5. In no event shall the Customer be held liable for delays or mishaps in payment if he/she proves that he/she has made payment in the time and manner indicated by the Seller, except in the case of non-delivery or delayed delivery due to causes attributable to him/her or otherwise independent of the Seller’s responsibility.

10.1 To whom it applies
All products offered through the Site are covered by the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code (so-called “Legal Warranty”), a warranty that applies when the Customer identifies himself or herself as a “Consumer” and declares “that he or she is making the purchase for purposes unrelated to the commercial or professional activity exercised.” To the Client Company or Professional who does not have the quality of “Consumer” will still be applied the guarantee for the defects of the thing sold, the guarantee for defect of promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
10.2. What is conformity defect
10.2.1. A conformity defect occurs when the purchased product:
a) is not suitable for the use for which goods of the same type are customarily used;
b) does not conform to the description made by the Seller and does not possess the qualities of the good that the Seller has presented to the Customer as a sample or model;
c) does not have the usual qualities and performance of a good of the same type, which the Customer can reasonably expect, taking into account also the statements made in the advertising, labeling or product sheet;
d) is not suitable for the particular use intended by the Customer and which was brought to the knowledge of the Seller by the Customer at the time of the conclusion of the contract.
10.2.2. Therefore, any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by a use of the product that does not comply with its intended use and/or with what is provided in the technical documentation attached to the product and/or, as the case may be, with what is indicated within the “Product Info Sheet” are excluded from the scope of the Legal Warranty.
10.3. When applying
10.3.1. The Seller is responsible towards the Customer for any lack of conformity existing at the time of delivery of the product which manifests itself within two years of such delivery. In the case of goods in which an expiry date is indicated, for any lack of conformity existing at the time of delivery of the product and/or which occurs within the aforementioned expiry date. In the case of goods where an expiration date is indicated, for any lack of conformity that exists at the time of delivery of the product and/or that becomes apparent by that expiration date.
10.3.2. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within 2 (two) months from the date on which it was discovered.
10.3.3. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
10.3.4. Unless proven otherwise, defects of conformity arising within 6 (six) months after delivery of the product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the conformity defect.
10.3.5. To be eligible for the Legal Warranty, the Customer must then first provide proof of purchase and delivery of the product.
10.4. Remedies available to the Client
10.4.1. In the event of a conformity defect duly reported within the terms, the Customer has the primary right to repair or replacement of the product free of charge, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
10.4.2. The request must be made in writing, either by registered mail with return receipt or by certified e-mail, to the Seller, who will indicate his willingness to act on the request, or the reasons preventing him from doing so, within 7 (seven) working days of receipt. In the same communication, where the Seller has accepted the Customer’s request, it shall indicate the method of shipment or return of the product as well as the expected time limit for the return or replacement of the defective product.
10.4.3. On a secondary basis, if repair and replacement are impossible or excessively burdensome (pursuant to Article 130, paragraph 4, of the Consumer Code), or the Seller has failed to repair or replace the product within the period referred to in the preceding paragraph, the Customer may request a price reduction or termination of the contract. The Customer may also request a price reduction or termination of the contract if the replacement or repair previously carried out has caused significant inconvenience to the Customer.
10.4.4. Where the Seller has accepted the Customer’s request, it shall indicate the proposed price reduction or how the defective product will be returned. It will be the Customer’s responsibility to indicate how the amounts previously paid to the Seller will be credited back.
10.4.5. The requested remedy is unduly burdensome if it imposes unreasonable expenses on the Seller in comparison to alternative remedies that can be pursued, taking into account (i) of the value that the product would have if there were no conformity defect; (ii) of the extent of the conformity defect; (iii) of whether the alternative remedy can be exhausted without significant inconvenience to the Client.
10.5. What to do when there is a conformity defect
10.5.1. In the event that a product purchased on the Site, during the period of validity of the Legal Warranty, manifests what may be a conformity defect, the Customer may contact Customer Service at the contact details indicated in Section 16 below.
10.5.2. The Seller will promptly acknowledge the communication of the alleged conformity defect and will indicate to the Customer the specific procedure to be followed, also taking into account the product category to which the product belongs and/or the reported defect.

11.1. The Customer agrees to pay the price of the purchased product in the time and manner specified in the contract.
11.2. The Customer agrees, upon completion of the online purchase process, to print and keep this contract where he/she has received a copy of it.
11.3. The information contained in this contract is understood to have been viewed and accepted by the Customer, who acknowledges this, as this step is made mandatory prior to confirmation of purchase.

12.1. The Customer who holds the quality of Consumer has the right to withdraw from the product purchase contract without having to provide any reasons and without having to incur costs other than those provided for in point 14 below, within the term of 14 (fourteen) calendar days (so-called “Withdrawal Period”).
12.2. The “Withdrawal Period” expires 14 (fourteen) days later:
a) in the case of an order for a single product, the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the product;
b) in the case of a Multiple Order with separate deliveries, the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last product;
c) in the case of an order for the delivery of a product consisting of multiple lots or pieces, the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last lot or piece.
12.3. To exercise the right of withdrawal, the Customer must inform the Seller before the expiration of the “Withdrawal Period” of its decision to withdraw. To this end, the Customer may: a) use the “Type of Withdrawal Form” available on this page or b) submit any other explicit of its decision to withdraw from the contract (“Declaration of Withdrawal”).
12.4. The Customer has exercised its right of withdrawal within the “Withdrawal Period” if the notice regarding the exercise of the right of withdrawal is sent before the expiration of the “Withdrawal Period”. In the event that the Customer avails himself of the “Declaration of Withdrawal,” it is advisable to indicate the order number, the product(s) for which he intends to exercise the right of withdrawal, and his address. Since the burden of proof regarding the exercise of the right of withdrawal prior to the expiration of the withdrawal period is on the Customer, it is in the Customer’s best interest to make use of a durable medium when notifying the Seller of his withdrawal.
12.5 The “Type of Withdrawal Form” or “Declaration of Withdrawal” should be sent to the following address supporto@encanto.it. Alternatively, the Customer may give notice to the Seller by registered mail with return receipt to the address:
Encanto srl via Filippo Turati 5/b, 41030 San Prospero (Modena) Italy.
12.6. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased product (see point 14 below), provided that it is within the same terms. The date of delivery to the post office or forwarding agent will be conclusive between the parties.
12.7. Upon receipt of the notice by which the Customer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.

13.1. The Right of Withdrawal is excluded in the cases referred to in Art. 59 of the Consumer Code and especially in those related to:

a) the supply of goods whose price is linked to fluctuations in the financial market that the Seller cannot control and that may occur during the withdrawal period;
b) the supply of custom-made or clearly customized goods;
c) the supply of goods that are likely to deteriorate or expire rapidly;
d) the supply of sealed products that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery (e.g., cosmetic products, food supplements);
(e) the supply of products which, after delivery, are, by their nature, inseparably mixed with other goods.
13.2. In the event that, recurring one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the “Product Info Sheet” and, in any case, during the purchase process, before the Customer proceeds to the transmission of the order.

14.1. The Customer who intends to exercise his or her right of withdrawal must also ensure that the product is returned to the Seller, using a carrier of his or her choice and at his or her own expense, without undue delay and in any event within a period of 14 (fourteen) calendar days from the date on which he or she informed the Seller of his or her decision to withdraw. The deadline is met, if the Customer returns the product before the expiration of the 14 (fourteen) day period. The product, properly packed, should be shipped to the following address: Encanto srl via Filippo Turati 5/b, 41030 San Prospero (Modena) Italy. The direct costs of returning the product(s) to the Seller shall be borne by the Customer.
14.2. In the case of products which by their nature cannot normally be returned by post, in the “Type Withdrawal Instructions” sent by the Seller to the Customer via e-mail, the cost of returning such products via a specific carrier will be indicated, together with the indication of this carrier. “Model Instructions on Withdrawal,” containing information on the exercise of the right of withdrawal, are made available to the Customer via the Site prior to the conclusion of the contract and included in the order confirmation. The return of the product to the Seller is at the responsibility and expense of the Customer.
14.3. If the Customer withdraws from the contract, the Seller shall proceed to refund the total amount due paid by the Customer for the product, including delivery costs, without undue delay and in any case no later than 14 (fourteen) calendar days from the day on which the Seller was informed of the Customer’s decision to withdraw from the contract.
14.4. The refund will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any additional costs.
14.5. The Seller may reserve the right to withhold the refund until it has received the goods or until the Customer has demonstrated that it has returned the goods, whichever situation occurs first.
14.6. The Customer is responsible for the decrease in the value of the product resulting from its handling other than what is necessary to establish its nature, characteristics and operation. However, the product must be stored, handled and inspected with normal diligence and returned undamaged, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with the labels, if any, still attached to the product, as well as perfectly suitable for its intended use.

15.1. The obligations referred to in Section 11.1, assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes by the means referred to in Section 5.1, and also the exact fulfillment of the obligations assumed by the Seller under this contract, have an essential character, so that by express agreement, the non-fulfillment of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial pronouncement.
15.2. In the event that the Customer does not pay the total amount due, the Seller will send him an e-mail in which it will invite him to pay the total amount due within 10 (ten) days, with a warning that, if this period elapses in vain, the contract will be considered to have been rescinded by right. The Seller reserves the right to block the purchase functions from the Site by defaulting users by giving notice in the manner stated above.

16.1. Written communications (e.g. requests for information) directed to the Seller, requests for assistance and any complaints will be considered valid only where sent to the following address: Encanto srl via Filippo Turati 5/b, 41030 San Prospero (Modena) Italy, or sent by e-mail to the following e-mail address supporto@encanto.it or by telephone (Customer Service) at +39 059 906550 Monday to Friday from 09:00 to 13:00.
16.2. The Customer shall indicate on the registration form his/her residence or domicile, telephone number or e-mail address to which he/she wishes communications from the Seller to be sent.

17.1. Pursuant to Art. 12 of d. lgs. 70/2003, the Seller informs the Customer that every order sent is stored in digital form on the server of the hosting service provider and in digital/paper form at the Seller’s premises, according to criteria of confidentiality and security.

18.1. This contract concluded through the Site is governed by Italian law.
18.2. For all that is not expressly provided herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply, and especially Art. 5 of the 1980 Rome Convention.
18.3. This is without prejudice to the application to the Consumer Customer – who does not have his or her habitual residence in Italy – of any more favorable and mandatory provisions provided by the law of the country in which he or she has his or her habitual residence, in particular in relation to the deadline for returning the products, the deadline for exercising the right of withdrawal and the procedures and formalities for communicating the same, the deadline for returning the products, the conformity guarantees and the methods of assistance.
18.4. The Customer who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, € 2,000.00 (two thousand/00 euros).

19.1 All disputes arising from this contract shall be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of Modena, Italy and resolved according to the Conciliation Rules adopted by it.
19.2. Where the Customer is a Consumer and where the legal requirements are met, recourse may also be had to the alternative dispute resolution bodies referred to in Art. 141-ter and 141-decies of the Consumer Code.
19.3. Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between Consumers and Professionals, the so-called ODR (Online Dispute Resolution) procedure is available, which can be initiated by submitting a special complaint through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
19.4. If the Parties intend to bring an action before the ordinary Judicial Authority, the competent Court shall be that of the Customer’s place of residence or elective domicile. This forum is mandatory under Art. 33, paragraph 2, letter u) of the Consumer Code, in case the Customer is a Consumer.

20.1. All content, in any format, published on the Site, including web pages, graphics, colors, patterns, tools, fonts and website design, diagrams, layout, methods, processes, functions and software that are part of the Site, are protected by copyright and any other intellectual property rights belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited without the express written consent of the Seller. Seller has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of the Site and its contents.
20.2. With respect to the use of the Site, the Customer is only authorized to:
(a) view the Site and its contents;
(b) perform all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or incidental, an integral and essential part of the very display of the site and its contents;
c) all other browsing operations on the Site that are performed only for legitimate use of it and its contents.
20.3. The Seller guarantees the authenticity of all products offered for sale on the Site.
20.4. The Seller’s trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos found on the Seller’s products, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of the Seller. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos, for whatever reason and in whatever medium, without the prior express agreement of the Seller is strictly prohibited. This clause does not apply to the private use of products purchased through the Site. Any combination between the aforementioned trademarks and other trademarks, symbols, logos and more generally any distinctive sign suitable for making a composite logo is also prohibited.

21.1. These General Terms and Conditions of Sale shall be amended from time to time by the Seller also in consideration of any regulatory changes. The new Terms and Conditions will be effective from the date of publication on the Site.

Type of Withdrawal Form for distance or off-premises contracts pursuant to Art. 49, paragraph 1, letter. h) of the Consumer Code

Date

Spett.
Encanto srl
via Filippo Turati 5/b
41030 San Prospero (Modena)
Italy

sent by e-mail to:
supporto@encanto.it
or
faxed to:
+39 059 906550
or
sent by registered mail with return receipt

I, the undersigned, hereby _________________________(enter the first and last name of the Client and Consumer who concluded the contract), by submitting this form I am notifying withdrawal from the contract of sale of the following goods/services, ordered on ______________ (enter contract conclusion date) and received at date______________________(enter date of receipt of goods).

I agree to return the goods at my own expense without undue delay and in any case within 14 days of this. Contextually, I request a refund of all payments made by me, amounting to _____________________ (enter amount paid) through ___________________________ (enter method of payment used to pay the price, for example: bank transfer – IBAN code, in case of domestic transfer enter IBAN code; if cross-border transfer also BIC/SWIFT code)or e.g. re-credit to the credit card used for payment) within the same period.

Kind regards
Customer and Consumer Signature

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

THE CUSTOMER IS URGED, BEFORE SENDING THE ORDER, TO READ CAREFULLY THE GENERAL CONDITIONS OF SALE AS IDENTIFIED ABOVE AND THE INFORMATION CONTAINED THEREIN AND TO PRINT THEM OUT OR SAVE THEM ON ANOTHER DURABLE MEDIUM ACCESSIBLE TO HIM.

It is hereby declared that I have taken exact notice of the above clauses and conditions, and in particular of the conditions referred to in 6. (Time and manner of delivery), 9. (Seller’s Responsibilities), 11. (Obligations of the Customer), 14 (Return of Goods and Time and Method of Refund), 15. (Causes of termination), 19. (Dispute Settlement), the clauses of which – reread and approved – are accepted by the Client himself for all consequential purposes, and in particular pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code.

BY SUBMITTING THE ORDER AND SIMULTANEOUS OR SUBSEQUENT PAYMENT, THE CUSTOMER DECLARES THAT HE/SHE HAS READ AND APPROVED THE ABOVE CLAUSES.

Last updated: December 29, 2023