The present General Conditions govern the online purchase made through the website www.theuniqueform.com. The submission of the order confirmation implies the complete knowledge and full acceptance of these General Conditions of Sale by the customer.
1. GENERAL PROVISIONS
- 1.1. These general sales conditions (hereinafter, “General Conditions”) govern all sales of products by The Uniqueform Srl (hereinafter, “Products” or “Product”) concluded remotely through the website www.theuniqueform.com (hereinafter, the “Site”).
- 1.2. The remote sales service regulated by these General Conditions is exclusively reserved for consumers (hereinafter, “Customers” or “Client”); consumers are defined as natural persons over 18 years of age who act for purposes unrelated to their commercial, entrepreneurial, craft, or professional activity.
- 1.3. The language used for concluding sales contracts through this Site is Italian.
2. SELLER IDENTIFICATION
- 2.1. The seller is The Uniqueform Srl, with legal headquarters in Via Dei Mille 2 25122 Brescia, Italy, VAT number 04103130987, tax code 04103130987, REA BS-588540, share capital of 150,000.00.
3. INFORMATION RELATING TO PRODUCTS AND THEIR AVAILABILITY
- 3.1. Information regarding the Products, including product codes and prices, is available on the Site.
- 3.2. The graphic representation of the Products displayed on the Site may differ from reality; the Client should therefore rely exclusively on the description of the Product and its characteristics provided on the Site.
- 3.3. The Uniqueform reserves the right to limit, at any time, the quantity and/or type of Products available for purchase on the Site. The style, models, and colors of the Products described on the Site may be changed without notice. During the purchasing process, if the order cannot be fulfilled due to the unavailability of the ordered Product, the Client will be notified through an automatic message. The Uniqueform cannot be held responsible in any way for the unavailability of a Product.
- 3.4. The Client may include a maximum of ten units of each Product in the order proposal.
- 3.5. The Uniqueform is not responsible for any errors due to the failure of the Client's connection to the Site.
4. PRICE
4.1. The price of the Products indicated on the Site is expressed in euros and includes all applicable taxes or duties. The price of the Products does not include shipping costs, which are shown separately in the order form.
5. CONCLUSION OF THE CONTRACT
- 5.1. The Site provides essential characteristics and prices for each Product. The information on the Site does not constitute an offer from The Uniqueform.
- 5.2. Before submitting an order proposal through the Site, the Client must carefully read all the instructions provided during the purchasing process and these General Conditions.
- 5.3. To purchase a Product, the Client must (i) insert the selected Product into the "Cart" by clicking on the appropriate button, (ii) fill out the order proposal, (iii) select the payment method, (iv) accept the General Conditions, and (v) submit the order proposal to The Uniqueform via the Site.
- 5.4. The submission of the order proposal constitutes a purchase proposal for the selected Product, governed by these General Conditions and binding for the Client (subject to the right of withdrawal as set out in the next article 10). The submission of the order proposal by the Client entails the obligation to pay the price of the ordered Product(s).
- 5.5. Before submitting the order proposal, the Client can make any corrections/changes to the entered data by following the procedure indicated on the Site (for example, the Client can modify the quantity of the Products they wish to purchase by adding or removing one or more Products from the "Cart").
- 5.6. Without prejudice to the use of personal data described in the Privacy Notice, the order proposal and the Client's data related to the order may be stored by The Uniqueform for the period required by applicable law.
- 5.7. The contract between The Uniqueform and the Client is concluded when the Client receives confirmation from The Uniqueform of the acceptance of the order proposal submitted through the procedure provided on the Site. The acceptance (or rejection) of the order proposal by The Uniqueform will be communicated to the Client by email to the address provided by the Client in the order proposal (“Order Confirmation”).
- 5.8. The Uniqueform may refuse an order proposal (in which case no amount will be due from the Client to The Uniqueform, except, possibly, for the amounts indicated in the following article 6) in the following cases: (I) if the Products are unavailable (subject to the provisions of articles 3.3 and 5.9); (II) if the payment made by the Client is unsuccessful (for example, if the price of purchase cannot be charged to the Client’s credit card or, if payment is made by bank transfer, in case of failure to confirm receipt of the bank transfer within 10 (ten) working days from the date of the order proposal); or (III) if there is a report or suspicion of fraudulent or illegal activity, including the suspicion that purchases are being made for commercial purposes; (IV) if the Client has failed to comply with previous obligations from a contract concluded with The Uniqueform. 5.9. In the event of unavailability of one or more ordered Products, the Client will be notified by email. In such a case, the order proposal will be canceled, or accepted partially for the available Products. In case of partial acceptance, the Client is required to pay only for the available Products (if payment is made by credit card, only the amount corresponding to the available Products will be charged).
- 5.10. In accordance with article 51, paragraph 7, of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the purchased Products, detailed information on the price and payment methods, delivery charges, conditions, and procedures for exercising the right of withdrawal (including the indication of exclusion from the right of withdrawal for personalized Products), the indication of an address to submit complaints, and information about after-sales services and existing commercial guarantees. The email communication sent by The Uniqueform confirming the shipment of the Products, in accordance with the provisions of article 8.1 (“Shipment Confirmation”).
- 5.11. The risk of loss or damage to the Products passes to the Client when the Client (or a third party designated by the Client, other than the carrier) physically takes possession of the Product.
6. PAYMENT METHODS
-6.1. The Client can make the payment for the Products in the order proposal and shipping costs via Credit Card, PayPal, Bank Transfer, or Klarna.
- 6.2. The charge on the Client's credit card will only be made after: (I) the credit card details have been verified; (II) authorization for the charge has been received from the issuing bank of the Client's credit card.
- 6.3. If, for any reason, the amount cannot be charged to the Client’s credit card within 5 (five) working days from the date of the order (or if, in the case of a bank transfer, the funds are not available in The Uniqueform’s bank account), the contract cannot be executed, and the order is considered canceled.
7. TRANSPORT AND DELIVERY
-7.1. The Products will be delivered to the address specified by the Client in the order proposal. At the time of delivery, the Client (or their delegate) must sign. No deliveries are made to post office boxes.
-7.2. The Invoice must be requested within 24 hours of completing the order at the following email address: contabilita@theuniqueform.com.
-7.3. Delivery charges are the Client's responsibility and are highlighted separately in the order form.
-7.4. The purchased products will be delivered via a courier selected by The Uniqueform (hereinafter referred to as “Courier”) on working days (excluding Saturdays, Sundays, and local or national holidays) from 9:00 AM to 6:00 PM. Deliveries will be made within 24/48 hours from the Order Confirmation date (unless force majeure or unforeseen circumstances occur), excluding remote areas. In case of failed delivery, the courier will send an email to notify the recipient of the attempted delivery. The next day, a second delivery attempt will automatically be rescheduled unless the client specifies otherwise via the link sent by the courier.
-7.5. The Client (or their delegate) is required to check, at the time of delivery of the Products by the Courier:
(I) that the number of parcels delivered corresponds to that indicated on the delivery note; and (II) that the packaging and seals are intact, undamaged, not wet, or altered in any way. Any damage to the packaging and/or Product or discrepancies in the number of parcels or indications must be immediately disputed in writing on the courier's delivery note. Once the document is signed by the Client without raising any objections, the Client cannot make any claims regarding the external features of the delivered package.
8. CONFIRMATION OF SHIPMENT AND DELIVERY
8.1. The Uniqueform will send the client an email confirming the shipment after the products are dispatched.
9. PACKAGING
-9.1. Products purchased on the Site are delivered using the standard packaging employed by The Uniqueform.
10. RIGHT OF WITHDRAWAL
-10.1. Pursuant to Article 52 of the Consumer Code, as defined below, the Client has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date the Client (or their authorized representative receiving the Product) physically takes possession of the Product, except for clothing or cosmetics, which are not subject to exchange or return.
-10.2. To exercise the right of withdrawal, the Client must follow the procedure outlined below, within the time frame specified in Article 10.1: Via email to the address servizioclienti@theuniqueform.com or by registered mail with acknowledgment of receipt sent to: The Uniqueform srl, Via Dei Mille 2 – 25122 – Brescia. The right of withdrawal will be forfeited in cases where The Uniqueform srl determines:
1. Partial use of the goods
2. Lack of the external packaging and/or original internal packaging
3. Absence of essential product elements
4. Damage to the product for reasons other than transport
-10.3. Within 14 (fourteen) days from the withdrawal notice (sent in accordance with Article 10.2), the Client must return the purchased Product to The Uniqueform by sending it to the following address: The Uniqueform Srl, Via Dei Mille 2 – 25122 – Brescia. The Client must inform servizioclienti@theuniqueform.com of the return shipment tracking number and the name of the courier. Return shipping costs are the responsibility of the Client. The Client is solely responsible for any reduction in the Product's value resulting from handling the Product beyond what is necessary to determine its nature, characteristics, and functioning: therefore, the Client must not remove any labels applied to the Product. The product must be returned intact without tampering or manipulation.
- 10.4. The Uniqueform will refund the sums corresponding only to the purchase of the products and not the additional costs, without undue delay and in any case within 14 (fourteen) days from the date The Uniqueform is informed of the Client's decision to withdraw from the contract in accordance with this Article 10. This refund will be made by The Uniqueform using the same payment method used by the Client for the initial transaction, unless otherwise agreed upon by both parties and provided that the Client does not incur additional charges for this refund. The refund will relate only to the actual amount spent. 10.5. The Uniqueform may suspend the refund until The Uniqueform receives the returned Product. 10.6. After the Product has been shipped, the order can no longer be canceled or modified. The return of already shipped Products must always be carried out in accordance with the procedure outlined in this Article 10.
11. NON-ACCEPTANCE OF GOODS
- 11.1 The courier will attempt to deliver the goods to the client a maximum of two times, after which the goods will be returned to the sender.
- 11.2 If the client is unavailable for delivery or requests specific delivery times or methods not included in the order's chosen delivery type, the goods will be returned to The Uniqueform Srl with full charge for the return shipping costs (7€ SHIPPING FEE).
12. PRODUCT REPLACEMENT
12.1. Without prejudice to the Client's rights under Articles 10 and 13 of these General Conditions, The Uniqueform does not recognize the possibility for the Client to replace the Products purchased on the Site with other products.
13. DEFECTS OF CONFORMITY
- 13.1. If a Product sold by The Uniqueform has a production defect or any other presumed conformity defect, the Client must immediately contact the online support within 5 days of receiving the goods, via email at servizioclienti@theuniqueform.com or by mail at:
The Uniqueform Srl Via Dei Mille 2 25122 Brescia
- 13.2. The sale of the Products is subject to the legal warranties set out in Articles 129, 130, and 132 of the Consumer Code. Under these regulations, the Client is entitled to have the conformity of the goods restored by repair or replacement (the Client may choose whether to have the Product repaired or replaced according to legal conditions), at no cost to the Client, or, if these remedies fail (as per Article 130, paragraph 7, of the Consumer Code), the Client may request a reasonable reduction in price or the termination of the contract.
- 13.3. If the Client requests, in accordance with this Article 13, the repair or replacement of the Product due to a conformity defect, the return shipping costs to The Uniqueform for the defective Product and the shipping costs for delivering the repaired or replaced Product to the Client are at The Uniqueform's expense.
14. AUTHENTICITY GUARANTEE AND INTELLECTUAL PROPERTY RIGHTS
14.1. The Uniqueform guarantees the authenticity of all Products purchased on the Site. The "The Uniqueform" branded Products are made with Italian materials, are packaged by Italian third parties, and are all MADE IN ITALY, except for promotional products (pouches/gadgets), which are made in China or other non-EU countries. 14.2. The trademark "The Uniqueform", along with all figurative and non-figurative trademarks and service marks, whether registered or not, as well as all illustrations, images, logos protected by copyright, and, more generally, all intellectual property rights related to the Products, are and remain the exclusive property of The Uniqueform Srl.
15. APPLICABLE LAW AND JURISDICTION
- 15.1. These General Conditions and, consequently, the contracts concluded with Clients are governed by Italian law and must be interpreted in accordance with it (including Legislative Decree No. 206 of September 6, 2005, “Consumer Code” and specifically “Chapter I, Title III of Part III” and Legislative Decree No. 70 of April 9, 2003, “E-commerce Decree”).
- 15.2. Any disputes arising from the interpretation, validity, and/or execution of these General Conditions will be subject to the exclusive jurisdiction of the judge in the Client's place of residence or domicile.
16. CONTACTS
16. 1. For further information and assistance regarding the Site or online purchasing, the Client can contact The Uniqueform at the following addresses: The Uniqueform Srl Via Dei Mille 2 25122 Brescia c.a. Online Sales Support servizioclienti@theuniqueform.com