Preamble

The following terms and conditions (referred to as the “General Terms and Conditions”) apply to the purchase of clothing, jewellery, and fashion accessories (referred to as the “Products”), carried out remotely, through the Internet, from the website https://alenaettea.com/ (hereinafter, the “Website”) in compliance with the provisions of Italian Legislative Decree 206/2005 as subsequently amended or supplemented (hereinafter, the “Consumer Code”). 

The Products are made available and offered for sale by LYRA di Gutanu Alina Simona, with registered office in 20159 Milan (MI), Via Pastrengo, 19 Tax Code/VAT number 12728670964 (hereinafter “LYRA”), e-mail address: customerservice@alenaettea.com

Before making any purchases, consumers accessing the website are required to carefully read these General Terms and Conditions, which are made available to them on the website. 

Contracts made with LYRA through the Website are subject to these General Terms and Conditions, in accordance with Italian law. The language available for executing the contract is English.

  1. Definitions 

1.1 The term “Contract” refers to the sale and purchase agreement of tangible movable goods available on the Website, established between LYRA and the Purchaser within the framework of a remote selling system facilitated by electronic means, arranged by LYRA. 

1.2 The term “Purchaser” refers to a consumer who is a natural person buying the Products for purposes unrelated to their trade, business, craft, or profession.

  1. Purpose of the Contract 

By entering into the Contract, LYRA sells remotely, and the Purchaser buys remotely through electronic means the Products listed and offered for sale on the Website.

  1. Contract execution and payment methods

3.1 The Contract between LYRA and the Purchaser is executed exclusively through the Internet, by means of the Purchaser’s access to https://alenaettea.com/where, following the indicated procedures, the Purchaser will complete and send the order form in electronic format. Specifically, the Purchaser will select the desired Product from the “Shop” section, add it to the “Cart”, choose the shipping method, enter any promotional code, and click on “Checkout”. The Purchaser will then enter the invoicing information, select the payment method, and, after carefully reviewing these General Terms and Conditions and the privacy policy, explicitly confirm acceptance before proceeding with the order. 

3.2 During checkout, the Purchaser will have the option to select from businesses, retail users, and freelancers. The collected data will be used to generate the invoice, if applicable, which will be sent electronically through the cloud invoice service. A courtesy copy of the invoice will be emailed to the Purchaser if they are a retail user without a tax filing system, as soon as the invoice is issued.

3.3 At the time of payment the Purchaser may choose between 2 different types of payment: PayPal and credit/debit cards (Visa, Mastercard, etc.). If the Purchaser selects PayPal as the payment method, they will be redirected to the website www.paypal.comwhere they will complete the payment following the procedure outlined and regulated by the PayPal platform. In this case, the Purchaser will receive an email confirming successful payment. If the Purchaser chooses credit/debit cards as payment method, they must enter their card information on the website but the payment procedure will follow the process provided for and governed by the credit/debit card’s bank. After payment has been made, the order will have the value of a contractual proposal.

  1. Execution and effectiveness of the Contract 

4.1 The Contract between LYRA and the Purchaser is finalized upon LYRA’s acceptance of the order. This acceptance is communicated to the Purchaser via e-mail confirmation of the order, which includes the order number, the list of Products ordered, the Purchaser’s details, the price of the Product purchased, shipping costs, payment terms, delivery address, estimated delivery time, information on the right of withdrawal, and cases in which withdrawal is excluded. This e-mail can be printed for reference.

4.2 The Contract will not be considered executed and effective between the parties unless the provisions of Article 4.1 are met. 

4.3 After reviewing the order confirmation e-mail, if the Purchaser identifies any errors and / or inconsistencies, they must notify us within eight (8) hours of receiving the e-mail. After this period, the order will be processed for shipment, and no further changes will be accepted, except as provided in Article 14 below, which preserves the Purchaser’s rights.

  1. Product Information

5.1 Information and descriptions relating to the Products are available on the Website in English and are provided prior to the execution of the purchase. All information on the Products, although constantly updated, is intended as general information only. However, it is not possible to guarantee the complete absence of errors, for which LYRA cannot therefore be held liable, except in cases of wilful intent or gross negligence.

5.2 LYRA reserves the right to correct errors, inaccuracies, or omissions, even after an order has been placed, and to change or update information at any time without prior notice. This is without prejudice to the Purchaser’s rights under these General Terms and Conditions and the Consumer Code.

5.3 The visual representation of the Products on the Website, where available, typically corresponds to the photographic image accompanying the description sheet. It is understood that these images serve solely to present the Products for sale and may not perfectly represent their characteristics and qualities. In case of any discrepancy between the picture and the written product sheet, the description on the product sheet will always take precedence.

5.4 LYRA reserves the right to correct any errors, inaccuracies, or omissions even after an order has been placed, or to modify the characteristics of the Products and any other technical or commercial information displayed on the Website at any time and without prior notice. This does not affect the rights of the Purchaser under these Sale General Terms and Conditions and the Consumer Code.

  1. Refunds

6.1 Any reimbursement to the Purchaser will be credited using one of the methods offered by LYRA and selected by the Purchaser. It will be processed promptly, and in the case of exercising the right of withdrawal, within the provisions of Article 14.4 below.

6.2 LYRA uses the highest commercially available security measures in the industry. Moreover, the payment process is performed on a secure server using the Secure Socket Layer (SSL) protocol. The secure server establishes a connection that allows the transmission of encrypted information using 256-bit algorithms, which ensure that it is intelligible only to the Purchaser’s computer and the Website. Thus, using the SSL protocol ensures: 

 

(i) that the Purchaser is communicating its data to LYRA’s central server and to no one else;

(ii) that the data transmitted between the Purchaser and LYRA’s central server is encrypted, preventing potential reading or manipulation by third parties. Furthermore, except in the case of cash on delivery payment, LYRA declares that it does not have access to or store any sensitive data related to the payment method used by the Purchaser. Only the payment processing institution has access to this data for payment and collection management purposes.

  1. Delivery terms and method 

7.1 Shipping methods and costs are clearly indicated during the purchase process. 

7.2 LYRA will deliver the Products purchased on the Website to the address specified by the Purchaser during the purchase process using an express courier (referred to as the “Courier”). LYRA is not responsible for delays that are unforeseeable or beyond its control.

7.3 Once the Products have been shipped, the Purchaser will receive a confirmation e-mail including the tracking code to be used for tracking the shipment. 

7.4 Once the package has been delivered, the Purchaser will receive an e-mail of successful delivery.

7.5 In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered shall be delivered within 5 (five) business days if they are immediately available in LYRA’s warehouse, starting from the day following the day on which LYRA has confirmed the order to the Purchaser through an order confirmation e-mail. Otherwise, LYRA will contact the Purchaser upon receipt of the order to arrange delivery of the ordered Products. 

7.6 At the time of delivery, the Purchaser shall check:

– that the packaging is intact, not damaged, wet, or otherwise altered;

– that the number of packages corresponds to the number indicated in the transport document.

Any damage to the Product or packaging, or the mismatch of indications, must be immediately reported to the courier by affixing “Written Inspection Reservation” on the courier’s proof of delivery. Once the Courier’s document has been signed, the Purchaser may not object in any way to the external characteristics of the delivered goods.

7.7 LYRA shall not be held liable for delays or non-deliveries caused by causes not attributable to it, such as but not limited to:

  1. a) inadequate technical data, inaccuracies, or delays by the Purchaser in transmitting information or data necessary for the shipment of the Products to LYRA;
  2. b) problems with production or order planning;
  3. c) partial or total strikes, power failures, natural disasters, measures imposed by public authorities, transport difficulties, riots, terrorist attacks and in all cases of unforeseeable circumstances or force majeure;
  4. d) delays by the Courier.

The occurrence of any of the events listed above shall not entitle the Purchaser to claim damages or compensation of any kind.

7.8 If the material is not collected from the Courier’s warehouses within 5 working days due to repeated unsuccessful delivery attempts to the address provided by the Purchaser when placing the order, the order will be cancelled due to the Purchaser’s fault. In such cases, the price will be retained, and the Purchaser will be responsible for covering all additional expenses incurred by LYRA as the sender.

  1. Prices 

8.1 All sales prices of the Products displayed and indicated on the Website are in Euro. 

8.2 The sales prices mentioned in the previous point include VAT and any other taxes unless otherwise specified by LYRA (e.g. VAT exclusion in the case of foreign purchases with deduction of the same in the purchase procedure). 

8.3 Any shipping costs to be borne by the Purchaser will be calculated in the purchase procedure and added to the total amount of the order before the Purchaser places the order.

  1. Product Availability 

9.1 LYRA ensures the prompt processing and execution of orders through the computerised system used. 

9.2 LYRA’s computer system promptly confirms the registration of the order by sending the Purchaser a confirmation e-mail, as outlined in Article 4.1. 

9.3 If an order exceeds the quantity existing in the warehouse, LYRA shall inform the Purchaser by e-mail of the temporary unavailability of the Products and of the waiting time for the same, asking whether or not the Purchaser wishes to confirm the order.

9.4 If the Purchaser has ordered a customised or tailor-made product, subject to the provisions of Article 14 below, LYRA will inform the Purchaser of the customisation option by e-mail as well as the time needed to carry out the customisation.

  1. Limitations of liability 

10.1 LYRA will not assume any liability for disruptions in service caused by force majeure should it be unable to execute the order within the time specified in the Contract. 

10.2 LYRA shall not be liable to Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its own control or that of its subcontractors. 

10.3 Furthermore, LYRA shall not be liable for any damages, losses and costs suffered by the Purchaser as a consequence of the non-performance of the Contract due to causes not attributable to LYRA, the Purchaser being entitled only to a full refund of the price paid and any ancillary charges incurred. 

10.4 LYRA shall not be liable for any fraudulent and unlawful use that may be made by third parties, of the credit cards or PayPal account used when paying for the Products purchased, if it proves that it has taken all possible precautions based on the best available technology and experience at the time and in accordance with ordinary diligence.

  1. Liability for defects, proof of damage, and compensable damages: LYRA’s obligations

11.1 Pursuant to Article 116 of the Consumer Code, LYRA is liable for the damage caused by defects in the goods sold if it fails to inform the affected party, within a period of 3 (three) months from the request, of the identity and domicile of the manufacturer or the person who supplied the goods. 

11.2 The aforementioned request, from the affected party, must be made in writing and must indicate the Product that caused the damage and the date of purchase; it must also state that the Product has been offered for viewing, if it still exists. The request must be made with photographic evidence of the damage. 

11.3 LYRA will not be held liable for the effects resulting from a defective Product if the defect is due to the Product’s compliance with a mandatory legal standard or binding measure, or when the state of scientific and technical knowledge, at the time the manufacturer released the Product, did not yet permit the Product to be considered defective. 

11.4 No compensation will be due if the affected party was aware of the defect in the Product and the resulting danger and nevertheless voluntarily exposed themselves to it. 

11.5 In any event, the affected party must prove the defect, the damage, and the causal connection between the defect and the damage. 

11.6 The damage to property referred to in Article 123 of the Consumer Code shall, in any case, only be compensated to the extent that it exceeds the sum of three hundred and eighty-seven euro (387 euro).

  1. Warranties and service arrangements 

12.1 All Products sold on the Website are covered by a Statutory Conformity Warranty provided for in Articles 128-135 of the Consumer Code (“Statutory Warranty”). The Statutory Warranty only applies to consumers.

12.2 LYRA is liable for any lack of conformity that becomes apparent within two years after delivery of the Product.

12.3 Subject to Article 12.2 above:

12.3.1 if the Products sold by LYRA are found to be defective, the Purchaser shall immediately contact LYRA by sending an e-mail to the following address customerservice@alenaettea.com  

12.3.2 The statutory warranties provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Purchaser is entitled, at its discretion and provided that the type of Product so permits, either to have the Product returned to conformity, without charge, through repair or replacement, or to an appropriate price decrease or to have the Contract terminated; 

12.3.3 The Purchaser forfeits these rights if it does not report the lack of conformity to LYRA within a period of two months from the date on which it discovered the defect.

12.4 Any Product repaired, modified or in any way altered by the Purchaser is excluded from the Statutory Warranty. Any failures or malfunctions or defects of any other kind caused by accidental facts or by the Purchaser’s responsibility or by use of the Product not in accordance with its intended use and/or with what is provided for in the technical documentation attached to the Product, if any, or in the instructions for use relating to the same are also excluded from the scope of the Statutory Warranty. 

12.5 The warranty is personal and shall therefore apply only to the original Purchaser.

  1. The Purchaser’s Obligations 

13.1 The Purchaser undertakes to pay the price of the purchased goods at the time and in the manner specified in the Contract. 

13.2. The Purchaser undertakes, upon completion of the online purchase procedure, to print and retain the Contract. 

13.3 The Purchaser acknowledges and declares that they have read all information provided during the purchase procedure and accepts these General Terms and Conditions in full.

  1. Right of withdrawal 

14.1 In any case, the Purchaser has the right to withdraw from the executed Contract, without any penalty and without specifying the reason, either (i) upon delivery to the shipping address previously confirmed, by directly and immediately returning the Product to the Courier – and this without any obligation to communicate this intention to LYRA with prior written notice (registered letter with return receipt or by certified e-mail) – or (ii) within the term of 14 (fourteen) business days, starting from the day of receipt of the purchased Product. 

14.2 If the Purchaser decides to make use of the right of withdrawal under Article 14.1 (ii), they must notify LYRA using the notice of withdrawal form to be sent by e-mail to customerservice@alenaettea.com  .

14.3 In the latter case, upon receipt of such communication, LYRA will instruct the Purchaser on how to return the Products.

14.4 The right of withdrawal is governed by the following conditions:

  1. a) If the right of withdrawal is exercised, LYRA will refund the Purchaser the entire amount of the returned goods, including shipping costs where applicable, within 14 days from the date the notice of withdrawal was received, without prejudice to LYRA’s right to suspend the payment of the refund until the actual receipt of the Products. The refund will be made using the same payment method used by the Purchaser.
  2. b) Shipping costs in connection with the return of the Products shall be borne by the Purchaser.
  3. c) Shipment, until the certificate of receipt in LYRA’s warehouse, is under the complete responsibility of the Purchaser. 
  4. d) LYRA shall not be liable in any way for damage to or theft/loss of goods returned by uninsured shipments.
  5. e) If the goods are damaged during transport, LYRA will notify the Purchaser of the incident (within 5 working days), to enable the latter to file a claim against the Courier and obtain a refund, if applicable. In this case, the Product will be made available to the Purchaser for its return while simultaneously cancelling the request for withdrawal.
  6. f) The right of withdrawal lapses for Products: 
  1. tailor-made and/or customised (Article 59, letter c) of the Consumer Code); 
  2. with removed identification tag, as it is an integral part thereof;
  3. returned with alteration of the packaging (i.e. not protected by the wrapping paper in the original package and in the original box, shoes with the protective film of the sole removed, tampered with or damaged, without all the accessories included when the package was opened, such as: shoe and jewellery bags, spare heels, etc.);
  4. returned damaged resulting from actions or events not connected with the transportation of the same to LYRA;

If the right of withdrawal is forfeited, LYRA will return the purchased Product to the sender, providing a detailed explanation for the forfeiture and charging the sender for the shipping costs.

14.5 On receiving the notice by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this Contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this Article.

  1. Limitations of liability

15.1 Except in cases of wilful intent or gross negligence, the Purchaser is not entitled to compensation for damages or indemnification, nor any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance or partial/non-fulfilment of an order.

15.2 LYRA will not be held liable for any damage, regardless of its nature, arising from the improper use of the Products and/or failure to comply with the manufacturer’s instructions. Additionally, LYRA will not be liable for damage resulting from unforeseeable circumstances or force majeure.

  1. Grounds for termination 

The obligations outlined in Article 13.1, undertaken by the Purchaser, as well as the guarantee of proper payment performance as described in Article 3.3, are of the essence. Consequently, it is expressly agreed that the non-fulfilment of any of these obligations, except in cases of unforeseeable circumstances or force majeure, will result in the automatic termination of the Contract in accordance with Article 1456 of the Italian Civil Code, without requiring a court ruling.

  1. Intellectual and Industrial Property Rights 

17.1 LYRA hereby notifies you that the Website, along with all trademarks and distinctive signs used by LYRA in association with the sale of the Products, are protected by applicable intellectual and industrial property rights. Any reproduction, communication, distribution, publication, alteration, or transformation of the contents of the Website, trademarks, and distinctive signs (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, features and design of the Website) used by LYRA is strictly prohibited, regardless of form or purpose.

17.2 LYRA shall not be liable for the trademarks and other distinctive signs displayed on the Products sold on the Website. The Purchaser does not acquire any rights to these trademarks and signs upon the execution of the Contract.

  1. Arrangements for archiving the Contract 

Pursuant to Article 12 of Legislative Decree 70/2003, LYRA informs the Purchaser that each order sent is stored in digital/paper form on the server/at LYRA’s premises, according to criteria of confidentiality and security.

  1. Notices and complaints 

Written notices addressed to LYRA and any complaints shall only be considered valid if they are sent to the following address: LYRA di Gutanu Alina Simona, Via Pastrengo, 19 – 20159 Milan (MI), or sent by e-mail to customerservice@alenaettea.com  The Purchaser must provide their residence or domicile, telephone number, or email address in the registration form, specifying where they wish to receive notices from LYRA.

  1. Applicable law and jurisdiction 

20.1 The Sales and Purchase Contract between the Purchaser and LYRA is executed in Italy and is subject to Italian law.

20.2 To resolve disputes regarding the interpretation, performance, or termination of these General Conditions or individual purchase orders, if the Purchaser is a consumer under the Consumer Code, the court of the Purchaser’s municipality of residence or domicile in Italy shall have exclusive jurisdiction. In all other cases, the Court of Milan shall have exclusive territorial jurisdiction, with all other jurisdictions being excluded.

20.3 In case of litigation concerning the payment of a sum less than € 50,000.00 resulting from an e-commerce sale to purchasers who do not qualify as “consumers,” before initiating litigation before the Court, it is necessary to commence an “assisted negotiation” procedure as per Legislative Decree 132/2014.

20.4 In any case, mediation procedures under Legislative Decree 28/2010 may be used optionally to resolve any disputes incurred in the interpretation and performance of these General Conditions.

  1. Electronic submission of documentation 

In accordance with Article 12 of Legislative Decree 70/2003, LYRA informs the Purchaser that it has implemented an automatic document transmission service to expedite and enhance the quality of the service provided. Additionally, each order sent is stored in digital or paper form on LYRA’s server or premises, according to criteria of confidentiality and security. By accepting these Conditions, the Purchaser expressly agrees to receive order confirmations, transport documents, and invoices in electronic form. These documents will be sent via email to the address provided by the Purchaser to LYRA. The Purchaser is responsible for printing and retaining these documents in accordance with Presidential Decree 633/72, as amended and supplemented. Therefore, it is the sole responsibility of the Purchaser to inform LYRA of any changes to the provided e-mail address.

  1. Amendments to the General Sale Terms and Conditions 

LYRA reserves the right to change the Website, its content and these General Sale Terms and Conditions at any time to offer new products or services, or to comply with legal or regulatory requirements. The Purchaser will comply with the terms of the General Sale Terms and Conditions in effect when ordering the Product, unless any changes to these policies and terms are required by applicable law or competent authorities (in which case, they will also apply to orders placed previously). Should any provision of these General Terms and Conditions be invalid, void, or for any reason unenforceable, that Condition shall nevertheless not affect the validity and enforceability of the other provisions. 

 

Alena Ettea

Milano – Italy
VAT IT12728670964

Alena Ettea

Alena Ettea