Introduction
These are the General Terms and Conditions of Sale of Creation Cris srl, a limited liability company having its registered office at Via Delle Industrie 19, 80147 Naples (NA) - Italy, and registered with the Milan Companies Register under number 1115535, telephone: 02 38 59 59 59, e-mail: info@creationcris.it; Tax Code and VAT number: 06692240150 (hereinafter "Creation Cris").
In order to best meet the expectations of its customers, Creation Cris has created a system for distance selling, by telephone and via the internet, of a selection of Creation Cris items (hereinafter the "Items").
Article 1 – Scope of application and acceptance of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to all distance sales of the Items carried out:
1) by telephone through the customer assistance service established by Creation Cris and described in article 2.1 of these General Terms and Conditions of Sale (hereinafter "Customer Assistance"), and
2) through the Creation Cris website identified by the domain "https://c40.fashion" (hereinafter the "Website").
The Items are sold to end users who are natural persons acting for strictly personal purposes not related to any commercial activity, to the exclusion of all retailers and intermediaries acting on behalf of retailers (hereinafter the "Customer(s)" or "You").
The Customer therefore confirms that he/she is acting as a consumer and does not intend to resell the Items for commercial purposes.
The Customer also declares that he/she has the legal capacity to enter into these General Terms and Conditions of Sale.
Each time the Customer purchases one or more Items on the Website, he/she must indicate acceptance of the applicable General Terms and Conditions of Sale and Creation Cris Privacy Policy (hereinafter the "Privacy Policy") by clicking on "Pay". These documents may be viewed before and at the time of purchase confirmation.
Creation Cris may update and amend these General Terms and Conditions of Sale and will inform its Customers of such changes by e-mail. The terms applicable to the sale of the Items are those in force at the time the sales contract is concluded.
For further information on how Creation Cris processes personal data collected on the Website and/or by telephone, Customers are invited to read the Privacy Policy.
Article 2 – Order information
The Customer may place orders by telephone or on the Website.
Telephone orders may be placed in Italian.
2.1 Orders placed by telephone with Customer Assistance
The Customer may place orders by telephone by calling Customer Assistance at +39 02 38 59 59 59 (cost of a local call), from Monday to Friday from 10:00 a.m. to 9:00 p.m. and on Saturday from 10:00 a.m. to 7:00 p.m. (excluding public holidays).
The order will be transferred directly to the department responsible for preparing the order at the time the bank debits the Customer’s card.
The Customer will be legally bound by any order placed in accordance with applicable law.
2.2 Orders placed via the Website
2.2.1 Selection of Items by Customers
Special orders such as, for example, made-to-measure items, one-of-a-kind pieces, etc. (excluding customization) cannot be placed via the Website. If the Customer wishes to order special items, he/she is requested to visit one of our stores.
On the Website, Customers select, enter and validate the designation and quantity of the Items they wish to order, and the Items will be added to their "Cart". Quantities are limited pursuant to Article 4 below.
Online, Customers may freely modify the contents of their Carts, delete Items or change ordered quantities, or add other Items to the Cart by clicking the appropriate buttons.
For orders placed via the Website, only a sales receipt will be issued, not including a VAT number. If the Customer wishes to obtain a tax invoice including a VAT number, he/she must contact Customer Service (telephone: +39 02 38 59 59 59, e-mail: info@creationcris.it), which will redirect him/her to a Creation Cris store in Italy that can carry out a distance sale and issue a tax invoice.
2.2.2 Identification
Once the selection is complete, the Customer may validate the contents of the Cart, alternatively:
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by logging into the Customer’s account (hereinafter the "Account"), or
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by continuing as a "guest".
It is also possible to log in before selecting any Item.
If the Customer already has an Account, he/she must log in using his/her e-mail address and password.
If the Customer does not yet have an Account, he/she may create one by entering his/her name, address, e-mail address and telephone number at the time the order is placed.
The Account will be activated once confirmation is received from Creation Cris by e-mail.
Once the order has been placed, the Customer will not be able to change his/her address. In such case, a new order must be placed indicating the new address.
For further information on how Customers’ personal data are processed, please consult the Privacy Policy.
Login credentials and passwords are strictly personal. Therefore, the Customer undertakes to keep them secure and not disclose them to third parties.
Furthermore, the Customer agrees to immediately inform Creation Cris in the event of loss or theft of his/her login credentials and/or password or in the event of fraudulent use of the Account.
Within the limits provided by applicable law, Creation Cris shall not be held liable for any direct or indirect damage caused by fraudulent access to the Account or the Website, or in the event that the Customer is unable to access the Account or the Website.
2.2.3 Order validation
The Customer must choose the delivery method and provide all information necessary for shipment of the order, in particular:
- e-mail address;
- first and last name;
- address;
- postal code;
- city;
- telephone number;
- delivery method;
- shipping country;
- delivery address or store where the Customer wishes to collect the order if the selected delivery country is equipped with stores providing this service; and
- payment method and payment information.
If an order is a gift, the Customer will have the option to include a card containing a personal message.
The Customer may use the delivery address as the address to receive the sales receipt or enter a different one.
Once all this information has been entered and validated, the price of the Items (as defined in Article 5 below), as well as any shipping costs and the expected delivery date, will be automatically displayed.
The Customer must check that the selection is correct before confirming the order.
To help its Customers identify any errors, Creation Cris provides technical verification tools in the form of a standard summary to check completeness and plausibility (which verify whether all required fields have been completed and whether the characters entered are appropriate for the relevant field).
The Customer’s order data are then summarized once again for final verification.
By clicking on "Proceed to payment", a definitive order is placed for the Item or Items contained in the Cart.
It will not be possible to place an order if the Customer has not read and accepted these General Terms and Conditions of Sale and the Privacy Policy by clicking on "Validate my payment and confirm my order".
Once verification has been successfully completed, orders for “ABCDior” products are definitively approved.
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2.2.4 Order confirmation by Creation Cris
Once the procedure described in Article 2.2.3 above has been completed, the Customer will receive an order confirmation by e-mail. The Customer consents to Creation Cris using the e-mail address to confirm the contents of the order. Unless expressly stated otherwise, acknowledgment of receipt of the order does not constitute acceptance of the order.
The sales contract is deemed to be concluded at the time the ordered Item(s) is/are shipped and the Customer receives an e-mail confirming shipment of the order from Creation Cris.
In the event of payment by credit card, the sales contract is concluded at the time the credit card is charged in accordance with Article 6, even if such charge is made prior to shipment of the order or before acceptance is otherwise expressed.
In the event of payment via PayPal, Apple Pay or Apple Pay Express as provided for in Article 6.2, the sales contract is concluded at the time the Customer confirms the order on the PayPal, Apple Pay or Apple Pay Express website.
The order receipt confirmation includes the order number, the total amount of the order, information relating to shipping costs and the delivery date, as well as the main characteristics, quantity and price of the purchased Item(s). The order receipt confirmation also includes a link to the General Terms and Conditions of Sale.
When the ordered Item(s) is/are shipped to the delivery address indicated by the Customer, Creation Cris will send an e-mail confirming shipment and payment of the price as provided for in Article 5 below. The sales contract will therefore be definitively concluded.
Payment for customized ABCDior orders is made once approval of the order has been confirmed.
2.3 Proof of the order
In general, the Customer and Creation Cris expressly acknowledge that e-mails and the automated recording systems used by Customer Assistance are legally valid and binding, in particular with regard to the nature and date of the order.
For orders placed via the Website, Customers are advised to also keep a copy (electronic or paper) of the information relating to the order.
2.4 Pre-orders for new collections
Creation Cris reserves for pre-selected Customers the opportunity to view and discover new collections, collaborations and/or capsule collections prior to their official launch and to place a pre-order for Items.
At the time of selecting the Pre-order, the Customer will be informed of the estimated delivery date, normally expected from 1 to 3 weeks from the date the Item is ordered. The communicated delivery times are not to be considered essential.
Payment for Pre-orders is 100% in advance at the time of ordering.
Creation Cris declines all responsibility in the event of changes to the initially communicated delivery date, any cancellations or modifications of Pre-ordered Items due to production issues, supplier delays, etc. In the event of delay in delivery of the Items, the Customer must grant Creation Cris an additional period to make delivery of not less than thirty days, after which, if unsuccessfully elapsed, the Customer may withdraw from the contract with the right to be reimbursed for all sums paid (including delivery costs).
The refund must be made:
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without undue delay, i.e. within fourteen (14) days from termination of the contract;
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using the same means of payment used by the Customer for the initial transaction (unless the Customer has expressly requested otherwise and provided that the Customer does not incur any costs as a result of the refund).
Article 3 – Item availability
Creation Cris reserves the right to modify the Items offered on the Website at any time and without prior notice. Such changes shall not affect orders already placed.
Before placing an order, Customer Assistance (for telephone orders) or the informational page on the Website containing the description of each Item will indicate:
- whether the Item is available or not; or
- whether the Item is temporarily unavailable and whether it is possible to order it for future delivery within the indicated timeframes.
If, despite Creation Cris’s efforts in this regard, the Customer orders Items that are no longer available, the Customer will be informed by Creation Cris as soon as possible by any means (telephone or e-mail).
By way of exception, if an ordered Item is out of stock, Creation Cris will cancel the order and the Customer will not be charged anything.
Article 4 – Unacceptable order
Purchases made on the Website or by telephone are intended exclusively for the personal use of Customers (or as gifts) and not for resale.
Creation Cris may refuse any order deemed fraudulent or abnormal, in particular any order exceeding the authorized number of Items, namely:
- eight (8) Items per order; and/or
- two (2) identical items ordered less than thirty (30) calendar days apart, regardless of color or size, excluding bags, for which the limits are set at one (1) per thirty (30) calendar day period;
- three (3) bags, regardless of color or size, within six (6) months.
The limits indicated in the preceding paragraph do not apply to Items in the “Home and Men's Timeless” categories (men's ready-to-wear, such as suits and tuxedos, jackets, shirts and trousers; and "Men's Accessories", such as belts, ties, bow ties, pocket squares, cufflinks and button covers).
Creation Cris may also refuse any order (i) placed by a Customer with whom there is a dispute relating to payment or delivery of a previous order, or (ii) that does not comply with these General Terms and Conditions of Sale.
If Creation Cris believes that an order does not comply with these General Terms and Conditions of Sale, it will notify the Customer directly on the Website, by telephone or by e-mail.
If the Customer fails to correct the incorrect information or information contrary to these General Terms and Conditions of Sale contained in the order within fourteen (14) calendar days from receipt of such notification, Creation Cris may cancel the order and the corresponding payment.
Article 5 – Item prices
Prices are indicated by Customer Assistance or shown on the Website in euros (€) and include all taxes, excluding shipping costs, which are shown separately prior to placing the order.
The invoiced prices are those in force on the date of the order, provided that the ordered Item(s) is/are available at that time.
Creation Cris reserves the right to change Item prices at any time and without prior notice; such changes shall not apply to orders already placed by the Customer.
It is specified that distance purchases (by telephone or via the Website) of Creation Cris Items do not entitle the Customer to a VAT refund.
The Customer will receive written confirmation of the price paid for each Item and of the shipping costs no later than the time of delivery.