Terms of Sale

The following provisions (hereinafter ‘General Conditions’) regulate the commercial relationships between New Esse Maglieria srl and the users of this e-commerce (hereinafter ‘E-Shop’) resident in Italy and abroad (hereinafter ‘Users/ e’) for the purchase and sale of products offered through the E-Shop (hereinafter ‘Products’). Any contractual conditions proposed by the User and in derogation of the following General Conditions will not be applicable, unless New Esse Maglieria srl has expressly accepted them in writing. The relevant provisions of the Legislative Decree also apply. 206/2005, ‘Consumer Code’, pursuant to article 7 of law 29 July 2003, n. 229′, hereinafter for brevity ‘Consumer Code’.

The description of the Products offered in the E-Shop is complete and exhaustive. New Esse Maglieria srl will in no case be responsible for any different descriptions of the products made to the public by its employees or agents or by third-party retailers. New Esse Maglieria srl will work to ensure that the E-Shop service does not suffer any interruption. Nonetheless, even if we act with the utmost diligence, downtime cannot be ruled out. New Esse Maglieria srl reserves the right to vary and suspend the service at any time.

The information contained in this website is subject to changes by New Esse Maglieria srl and contains only general information for the use and consumption of the User. The E-Shop and the New Esse Maglieria srl website use cookies to monitor user preferences. The privacy document contains more information on the use of cookies.

Neither New Esse Maglieria srl nor any third party guarantee the accuracy, completeness or updating of the information and material contained in the website. The User acknowledges and accepts that the information and material contained in this website may contain inaccuracies and/or errors and, in this regard and within the limits permitted by applicable law, any liability of New Esse Maglieria srl for such inaccuracies and/or errors.

The use by the User of the information contained in this website is the exclusive responsibility of the User and New Esse Maglieria srl will in no case be responsible for the use made by the User of such information. Furthermore, the User has the burden of verifying that the services and products offered within the E-Shop are actually compliant and adequate to the User’s needs, without this leading to any liability on the part of New Esse Maglieria srl. .

This website contains material that is the property of New Esse Maglieria srl or that New Esse Maglieria srl uses under a specific license. This material includes, but is not limited to, the design, graphics and final appearance of the website and is protected by copyright and/or other intellectual property rights. Reproduction of the site is therefore prohibited.

Unauthorized use of this website may give rise to claims for compensation for damages and/or constitute a criminal offence.

This website may contain links to external websites. These links are provided solely for the convenience of the User in order to provide the User with further information. New Esse Maglieria srl assumes no responsibility for the content of external websites connected to its akkeknitwear.com website via links. The mere inclusion of links does not imply recognition or approval by New Esse Maglieria srl of the linked sites nor their contents, for which the operators of the linked sites remain solely responsible.

Contract conclusion

The mere use of the E-Shop by the User is not sufficient for the purposes of concluding the contract between the User and New Esse Maglieria srl and therefore does not give rise to any claim of a contractual or extra-contractual nature against New Esse Maglieria srl. The User must register on the website to access the E-Shop, indicating a ‘username’ and ‘password’ (‘Access Codes’). The recording of the User’s data occurs for the sole purpose of New Esse Maglieria srl managing the purchase procedure and the related payment and does not constitute a final act of contact. To register correctly, you must indicate a ‘username’ and a password. The User is prohibited from entering false, and/or invented, and/or imaginary data in the registration procedure prior to using the E-Shop.

The User assumes responsibility deriving from any activity carried out, including by third parties, through the use of their Access Codes and has the obligation to promptly communicate to New Esse Maglieria srl any possible violation or theft of their Access Codes by of third parties.

The display of the Products in the E-Shop does not constitute a contractual proposal by New Esse Maglieria srl, but a mere invitation to propose. The order sent by the User constitutes a contractual purchase proposal. After receiving the Order from the User, New Esse Maglieria srl will send a communication via e-mail to the address indicated by the User, confirming receipt of the Order and specifying the details of the Order itself (“Confirmation of Receipt of the Order’). This Order Receipt Confirmation does not constitute acceptance of the User’s Order, but has the sole purpose of informing the User that New Esse Maglieria srl has correctly received the Order. The sales contract between the User and New Esse Maglieria srl is concluded only when Asso communicates to the User via e-mail that the Order has been accepted and that the Product has been shipped (‘Shipping Confirmation’) .

Right of withdrawal

Exercise of the right of withdrawal

The User may unilaterally revoke the order no later than 14 (fourteen) days from the date of receipt of the Product. This revocation must take place through: a) written communication sent to New Esse Maglieria srl by registered letter with return receipt within the aforementioned deadline, or, alternatively b) written communication sent to New Esse Maglieria srl by telegram, telex, fax or e-mail, within the above deadline, provided that the communication is then followed by a registered letter with acknowledgment of receipt within the following 48 hours) by clicking on “Return Request” on the Account page and filling out the form relative. In the event that the Product has already been delivered, the User must return it within the aforementioned deadline and at his expense. These General Conditions do not exclude the User’s obligation to preserve the Products after delivery and to return them intact. The notice of withdrawal and/or the returned Product must be sent to:

Consequences of withdrawal

Where the right of withdrawal is validly exercised by the User, New Esse Maglieria srl will refund the User the price paid within 30 (thirty) days of withdrawal. The deadline starts from the date of receipt of the notice of withdrawal. The Products must be returned by postal parcel. If the Products are not returned, in whole or in part, or are damaged, New Esse Maglieria srl is entitled to ask the User for the damages suffered.

Payment methods, prices and shipping costs

For shipping costs, see the appropriate section.

The prices shown on the E-Shop include VAT. The final price is that indicated in the E-Shop at the time the order is placed. The amount of VAT is specified separately in the accompanying invoice which is sent together with the Product.

Shipping costs are within the terms indicated in the E-Shop. To make deliveries safe, fast and reliable, we entrust the shipping of your orders to a technical partner of the highest quality and reliability: DHL, thanks to which we are able to guarantee rapid delivery throughout Italy.

New Esse Maglieria srl has made reasonable efforts to be able to process an Order within 4 (four) working days of receiving the Order itself. The processing of Orders received on Saturdays, Sundays or public holidays starts from the first following working day. Barring unforeseen circumstances that are beyond the control of New Esse Maglieria srl, the Product is delivered to the User within 5 (five) days of delivery to the courier. This delivery time is indicative and is not binding. New Esse Maglieria srl assumes no responsibility for any damage resulting from delays in delivery.

Payment for the Order must be made in one of the following ways:

• PayPal Use your PayPal account to pay for your order. Convenient, easy and precise. At the time of the order, PayPal will immediately debit the amount relating to the purchase made. Remember that you can use your credit card, even without necessarily having a PayPal account.
• Credit card All credit cards are accepted.
• Advance transfer To be made to the bank details that we will indicate to you at the time of order confirmation. Order processing will be a little slower. Shipping times start from the date of receipt of the bank transfer to our account (and not from the date of transmission of the order).

Retention of title

Until the full payment of the price and any further credit of New Esse Maglieria srl towards the User, the delivered Product remains the property of New Esse Maglieria srl and the User will not be able to dispose of or use it.

Liability for defects

1. Where the User believes that the Product does not comply with the Contract or is affected by defects, he must promptly notify the e-mail address info@akkeknitwear.com.
2. New Esse Maglieria srl will examine the Disputed Product and will communicate via email to the User whether or not he is entitled to a refund of the price or replacement of the Product. Any refund will cover the purchase price paid by the User and any costs of returning it to New Esse Maglieria srl. The refund or replacement will take place within 30 (thirty) days of the email notice with which New Esse Maglieria srl informs the User that he is entitled to a refund or replacement of the Product.
3. New Esse Maglieria srl is not responsible for defects in the Products that have been caused by delivery by third parties.
4. New Esse Maglieria srl is not responsible for damages resulting from improper use of the Product, alteration of the same, normal wear and tear or negligence in the care of the Product.
5. The foregoing in numbers 1, 2, 3 and 4 must not be considered as prejudicial to the User’s rights as provided for by applicable laws.

Liability for breach of contract

The liability for contractual breach on the part of New Esse Maglieria srl is limited to compensation for damages that are a direct consequence of the breach and, in this case, is limited to the price of the Product.

Non-contractual liability

1. In the event of willful misconduct or gross negligence, New Esse Maglieria srl is liable in accordance with the law.
2. To the extent permitted by law, New Esse Maglieria srl will in no case be liable for indirect damages caused by the Product delivered to the User (consequential losses), such as, by way of example and not limited to, damages caused to other goods.
3. Compensation for indirect damages and any other compensation claim against New Esse Maglieria srl which is not included in articles VII and VIII of these General Conditions, is expressly excluded, with the exception of the responsibilities placed on New Esse Maglieria srl by the law in case of injury or death.

Copyright and trademarks

1. All contents published on the akkeknitwear.com website including documents, logos, images, graphics, videos, their arrangement and their adaptations are subject to intellectual property laws and protected by copyright. It is not permitted to copy, alter, translate, distribute, use, archive or publish these contents on other sites without prior written authorization from New Esse Maglieria srl. Any content and contributions made by third parties are marked as such.
2. Downloading, viewing and printing the contents of this website is permitted for personal use only and excludes the user from having any rights or claims over such material.
3. The AKKE brand is a registered trademark owned by New Esse Maglieria srl.
4. New Esse Maglieria srl uses the AKKE brand as the company ID with which it presents itself to the market.

Final provisions

1. Without prejudice to the limits established by law, any claim by the User due to breach of contractual obligations and/or other obligations by New Esse Maglieria srl is excluded in the event of force majeure events, such as, by way of example and not limited to , mobilization, war, revolt and similar events such as fire, accidents, strike, blockade or export restrictions or other events in any case not attributable to New Esse Maglieria srl.
2. Failure by New Esse Maglieria srl to exercise the rights deriving from these general conditions does not imply a waiver of these rights and does not compromise the right of New Esse Maglieria srl to exercise these rights subsequently. The User is therefore not relieved from his commitments to punctually and fully fulfill his obligations set out in these General Conditions.
3. Disputes arising from these General Conditions are subject to the jurisdiction of the courts of the User’s place of residence or, at the User’s choice or on his initiative, to the jurisdiction of the Court of Macerata. If the User, contrary to his declarations during the order process, is not resident in the Italian Republic or if, after the conclusion of the contract, he moves his residence outside the Italian territory, or in the event that at the time of ‘establishment of legal action against New Esse Maglieria srl, the exact residence is unknown, the competent court for any dispute arising from or in connection with these General Conditions is Macerata.
4. These General Conditions of Sale are governed by Italian law, including the Consumer Code and the E-Commerce law referred to in Legislative Decree 9 April 2003, n.70. In any case, without prejudice to the rights provided for by the necessary application rules, provided for by the law of the User’s country of residence.
5. The nullity or ineffectiveness of one of these clauses will not lead to the nullity or ineffectiveness of the General Conditions of Sale as a whole which will therefore continue to be fully effective and binding. The parties undertake to negotiate in good faith and to replace the null or ineffective clauses with clauses not affected by nullity or ineffectiveness and whose content complies with the previous one.
6. Changes and additions to these General Contract Conditions must be made in writing; communications and any declaration relating to the contractual relationship must be made in writing and sent to the address of New Esse Maglieria srl as indicated above and to the User’s address indicated for delivery of the Products.