TERMS AND CONDITIONS FOR ONLINE SALES
Terms and conditions of sale of Soprana dal 1910 srl with headquarters in Vicenza, Piazzetta Palladio 2, Tel. +39 0444.320788, VAT No. 01781200249, email: email@example.com, in the person of its legal representative pro tempore (hereinafter, the Seller);
- the Seller manages the activities related to the sale of luxury products on the website www.scrignosoprana.com (hereinafter, the Website);
- the Website is primarily a marketing website intended for business to consumer (B2C) transactions;
- the expression “Terms and conditions for online sales” refers to the online sales agreement related to the Seller’s goods entered into by the Seller and the Purchaser;
- these terms and conditions of sale regulate online sales between Soprana dal 1910 srl with headquarters in Vicenza, Piazzetta Palladio 2, Tel. +39 0444.320788, VAT No. 01781200249 and the Purchaser, who accepting these terms and conditions expressly declares to purchase the products for purposes outside his or her trade or profession;
- these recitals are an integral and substantial part of the agreement;
now therefore, the parties agree as follows:
1. PURPOSE OF THE AGREEMENT
1.1 These terms and conditions are made available to the Purchaser to be reproduced and stored pursuant to art. 12 of Italian Legislative Decree No.70 dated 9 April 2003. The purpose of these terms and conditions is the online purchase of products through the website www.scrignosoprana.com of the Seller, with headquarters in Vicenza, Piazzetta Palladio 2, Tel. +39 0444.320788, VAT No. 01781200249.
1.2 With this agreement, the Seller sells and the Purchaser purchases the products indicated on the Seller’s Website, i.e. watches, jewellery, cell phones, and luxury accessories.
1.3 The main features of the products listed in the section above are illustrated and described on the Website with a faithful, truthful, correct, and non-deceptive overall presentation. It is important to clarify that, due to the features and technical limitations of photographic reproduction of the products on the Website, the image that accompanies each product may not fully represent its features.
2. ACCEPTING THE TERMS AND CONDITIONS OF SALE
2.1 All the purchase orders will be forwarded from the Purchaser to the Seller according to one of the following procedures: by signing up to the Website and entering the ID and PW to access the reserved area through a safe protocol and complete the purchase; or without signing up, by completing the purchase as indicated. It is prohibited for the Purchaser to enter false and/or invented personal data in the registration form. The personal data and email must be real and belong to the person making the purchase, not to third parties. All this without prejudice to the fact that the Purchaser will be entitled to buy on behalf of third parties; therefore, the personal data of the recipient may not coincide with those of the Purchaser. The Purchaser is responsible for the correctness and truthfulness of the data entered in the form to complete the purchase. The Purchaser indemnifies the Seller against any liability arising from the issue of incorrect fiscal documents due to incorrect data provided by the Purchaser, who remains the sole responsible for their correctness.
2.2 The Purchaser must read these terms and conditions of sale before completing the purchase. The purchase order implies full knowledge and full acceptance of these terms and conditions.
2.3 By confirming the purchase order, the Purchaser unconditionally accepts these terms and conditions and payment terms and undertakes to comply with them in his or her relationship with the Seller by declaring to have viewed and accepted the information provided pursuant to the standards listed above. Moreover, the Purchaser acknowledges that the Seller does not consider itself bound to different terms and conditions, unless previously agreed in writing.
2.4 The acceptance of the terms and conditions of sale must be expressed by correctly filling out all the sections of the form, following the instructions provided.
3. PURCHASE AND RETAIL PRICES
3.1 The retail prices of the products (hereinafter “Retail Prices”) on this website are expressed in Euro, Dollars, and Pound Sterling, (with daily exchange rate values against the Euro). The Website clearly shows the Retail Prices of each product and the way to calculate the total price of the purchase. The total price of the purchase (hereinafter “Final Price”) results from the sum of the Retail price of the products and the shipping and delivery costs through couriers and/or forwarders appointed by the Seller. In compliance with the provisions of art. 51.2 of Italian Legislative Decree 206/2005 as amended by Italian Legislative Decree 21/2014 (Consumer Code), the Purchaser declares to be aware of the fact that the forwarding of the purchase order implies the obligation to pay the Final Price. The Purchaser can pay the amounts due to the Seller – in whole or in part – by using vouchers or coupons issued by the Seller, notwithstanding the Seller’s right to verify their validity. The Purchaser will use the “Confirm Order” button to confirm acceptance of the sale transaction, the chosen shipping and delivery methods, the quantity indicated in the purchase order, and the obligation to pay the Final Price to the Seller.
3.2 The Retail Prices and Final Prices include VAT and any other applicable tax. Non-EU national and customs taxes are charged to the Purchaser.
Unless otherwise specified, shipping expenses are included in the Final Price, except in the event of special promotions occasionally launched by the Seller. In any instance, they are always charged to the Purchaser. In compliance with art. 3.1 above, the Final Price is calculated before the Purchaser confirms the order by pressing the “Confirm Order button.
3.3 After verifying the availability of a chosen product, the Seller will send an email confirming to have received the order. This is when the Seller’s legal sales and shipping obligations pursuant to this agreement are enforced.
3.4 The Purchaser expressly grants the Seller the right to confirm the order even partially (for example, in the event that some of the products are not available). In such an instance, this agreement will be considered fulfilled only in relation to the available goods as confirmed by the Seller’s email.
4. CLOSURE OF THE AGREEMENT
4.1 The Contract entered into through the Website is considered closed as soon as the Purchaser receives the order confirmation email, pursuant to art. 3.3 above. Through this email, the Seller accepts the order sent by the Purchaser and informs him or her that the order will be processed. Together with the Seller’s email, and/or before the next email to confirm that the products were shipped, the Purchaser will receive a copy (PDF or similar format) of the summary of the main terms and conditions of sale of this agreement. This summary will allow the Purchaser to keep the information regarding the transaction. Therefore, the Purchaser undertakes to print out and keep these terms and conditions – which he or she has already viewed and accepted as a mandatory step in the purchase procedure – as well as the specifications of the purchased products to meet the conditions pursuant to Italian Legislative Decree No. 206 dated 6 September 2005.
4.2 This contract is closed in the place where the Seller’s registered office is based. Notwithstanding the impossibility to provide the service for reasons that cannot be attributed to the Seller and/or due to temporary technical malfunctions of the Website’s software or purchase system, which indicate unavailable products as available, the Seller undertakes to supply the selected products upon receiving the payment of the Final Price pursuant to this agreement.
Notwithstanding the Seller’s right to add and implement new payment methods in the future to provide the Website users with an even better service, the Purchaser acknowledges and accepts that – as of the date of the purchase – the only ways the Purchaser can pay for the products are the following: A) online by Visa, Mastercard, and American Express credit cards. The amount is deducted from the Purchaser’s available funds at the time of the purchase and will be charged according to the chosen credit card circuit. Please be advised that, when paying with Visa, Mastercard, or American Express, some banks may require you to enter a PIN or a password. Contact your bank if you do not know the PIN or password. B) Online via PayPal. The amount is deducted from the Purchaser’s available funds at the time of the purchase and will be charged before the order is shipped. PayPal may require you to enter a PIN or a password during the payment. Contact your bank if you do not know the PIN or password. C) Via bank transfer with the IBAN emailed by the Seller. In this instance, the contract will be considered closed and the order processed only when the price has been credited to the Seller’s account.
6.1 The Seller will have the ordered products delivered to the address indicated by the Purchaser in the purchase order, with the methods mentioned in the previous articles, using couriers and/or forwarders appointed by the Seller. The products will be delivered once the Seller has received the payment of the Final Price, as indicated in the confirmation email, which will be sent to the Purchaser within 6 (six) weeks from the closure of this contract.
6.3 In the absence of the Purchaser upon delivery of an order, the courier or forwarder will leave a notice to arrange a new delivery. The Seller is not liable for delays, failed delivery, and/or any additional costs borne by the Purchaser due to an incorrect or incomplete address.
6.4 Upon receiving the goods, the Purchaser is required to verify the integrity of the package and products, and their conformity to the order. Moreover, the Purchaser must report immediately any tampering with or damage to the package or products. The Purchaser must inform the Seller of any problem encountered in the delivery of the products. This will help the Seller improve the quality control of the services provided directly and/or through third parties, pursuant to this agreement.
7. LIMITATIONS OF LIABILITY
7.1 The Seller will not be held liable for any delay or failed delivery of goods due to force majeure, such as accidents, fire, strikes and/or lockouts, earthquakes, floods, and similar events that may hinder, in whole or in part, the delivery within the timeframe agreed in the contract.
2. The Seller will not be held liable towards the Purchaser, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet that are out of the Seller’s control.
3. The Seller will not be held liable towards any party or third parties for damage, losses, and costs caused by failure to execute the contract for the reasons listed above. In such an instance, the Purchaser will be entitled solely to the refund of the price paid.
4. The Seller is not liable for the fraudulent or unlawful use by third parties of the credit cards or other payment methods when paying for the products in the event it demonstrates to have taken all the possible measures based on the best science and experience of the moment and based on ordinary diligence.
8. WARRANTY AND SUPPORT
In the event of questions, complaints or suggestions, the Purchaser may contact the Seller at firstname.lastname@example.org, or at the telephone number or address indicated on the "Contact Us" page of the Website. In the event of nonconformities, the provisions of Italian Legislative Decree No. 206 dated 6 September 2005 will apply. Therefore, the Seller will be liable towards the Purchaser for a period of two (2) years from delivery of the goods, for any existing nonconformity upon delivery. Any defects must be reported within two (2) months from their discovery; otherwise, the Purchaser will lose his/her warranty rights. The warranty applies solely to the products specified in Italian Legislative Decree No. 206 dated 6 September 2005.
9. SELLER’S RETURN POLICY / RIGHT OF WITHDRAWAL PURSUANT TO ITALIAN LEGISLATIVE DECREE 206/2005
9.1 Without prejudice to separate instances of warranty against nonconforming products pursuant to art. 8, the Purchaser is entitled to withdraw from this agreement within the timeframe indicated in art. 10.1. This right is granted solely for products specified in Italian Legislative Decree No. 206 dated 6 September 2005. Should the Purchaser decide to return the products based on this right, he/she must notify the Seller within the period specified in Article 10.1, using the “Returns” form on the Website.
9.2 The burden of proof regarding the exercise of the right of termination, in compliance with this article, rests with the Purchaser. The expenses for shipping the returns will always be charged to the Purchaser, unless otherwise decided by the Seller at its sole discretion. The date of delivery to the post office or to the courier will be deemed valid evidence of return.
9.3 To have the right to a full refund of the price paid, the goods must be returned intact or with the sole decrease in value due to the necessary verification of the goods to establish their nature, features, and operation carried out by the Purchaser upon delivery. The above is the only operation that the Purchaser may attempt to carry out the verification in question. Any tampering with the goods by the Purchaser – which, in any case, is useless for the verification in question – will make the full refund of the price paid impossible. In such an instance, the refund will be reduced proportionally to the decrease in value caused by excessive handling.
9.4 The Purchaser may not exercise the right of withdrawal for purchase contracts regarding tailor-made or customised goods, which by their nature cannot be shipped back without risk of rapid deterioration or alteration.
9.5 The direct expenses to return the goods to the Seller are the only costs borne by the Purchaser for returning the products exercising the right of withdrawal pursuant to this agreement.
9.6 The Purchaser, who exercises the right of withdrawal in compliance with this document, will be entitled to the refund of the amounts paid for purchasing the product. Therefore, the refund of any additional expenses or shipping costs is excluded.
10. SELLER’S RETURN POLICY / TIMEFRAME TO EXERCISE THE RIGHT OF WITHDRAWAL
10.1 The Purchaser is entitled to return the products without any penalty and without stating the reason simply by notifying the Customer Service within 14 (fourteen) days from the date the Purchaser (and/or a third party, other than the courier and/or forwarder, appointed by the Purchaser) receives the last of the products purchased under this contract. This period is a minimum period in favour of the Purchaser. However, the Seller may, at any time, decide, at its discretion, to grant the Purchaser a longer period of time to return the products. In the event that the Purchaser exercises the right of withdrawal through a third party assignee, the procedure to return the goods must be carried out through a direct contact with the Customer Service.
10.2 Returns must be shipped at the Purchaser's expense without undue delay and, in any case, within 14 (fourteen) days from the date the Purchaser notifies the Seller of his/her decision to withdraw from the contract.
10.3 Upon receiving the returned goods, the Seller must immediately check them to confirm their acceptance to the Purchaser. The Seller must also arrange to repay the amounts due, as soon as possible and, in any case, within 14 (fourteen) days from the date the Purchaser notifies the Seller of his/her decision to withdraw from the contract. However, the Seller will be entitled to delay payment – pursuant to Article 56.3 of Italian Legislative Decree No. 206 dated 6 September 2005 – in the event that it does not receive the returned goods and/or the Purchaser’s proof that they were shipped.
11.1 Notwithstanding the instances expressly indicated, or where required by law, the Seller and the Purchaser will communicate primarily via email, which both parties consider a valid means of communication, and whose production in court cannot be objected for the sole fact of being electronic documents. The Seller may also contact the Purchaser at the telephone number provided by the latter, either via Customer Care and/or via its logistics operators, for the purposes related to the purchase covered by this contract and the delivery or return of the products in question.
11.2 Written communications to the Seller, as well as any complaints, will be valid only if sent to the following email address: email@example.com.
11.3 For the purposes of this article, both parties may change their email addresses at any time, provided that they promptly notify the other party complying with the forms established in the previous paragraph.
12. PERSONAL DATA PROCESSING
12.2 The Seller protects the customers’ confidentiality and ensures that personal data are processed in compliance with Italian Legislative Decree No. 196 dated 30 June 2003 (Privacy Code).
12.3 Personal and fiscal data acquired by the Seller (the personal data holder) directly and/or through third parties will be collected and processed through hardcopy and electronic media, to register the order, activate the procedures to execute this agreement, send you necessary communications in relation to this agreement, and comply with the provisions of law, as well as to allow the effective management of commercial relationships to provide the best possible service (art. 24, paragraph 1, letter b of Italian Legislative Decree 196/2003) and for any other possible purposes not strictly necessary to execute this contract, for which the Purchaser has expressed his or her consent.
12.4 The Seller undertakes to keep the data and information provided by the Purchaser confidential and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. The data may only be disclosed upon request of the courts or other legally authorised authorities.
12.5 The personal data will be disclosed, after signing a confidentially agreement, only to parties delegated to carry out the activities required to execute the contract. Personal data will be disclosed exclusively for that purpose and for any additional purposes not strictly necessary to execute this contract for which the Purchaser has specifically provided his/her consent.
12.6 The Purchaser is entitled to the rights pursuant to art. 7 of Italian Legislative Decree 196/03, i.e. the right to obtain: a) the updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including those that do not need to be kept for the purposes for which they were collected or subsequently processed; c) certification that the operations in letters a) and b) have been notified, also as regards their contents, to those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves the use of resources manifestly disproportionate to the protected right. The party concerned has the right to object, in whole or in part: i) for legitimate reasons the processing of personal data, although pertinent to the purpose of collection; ii) the processing of personal data for sending advertising or direct sales materials or for carrying out market research or communication.
12.7 The Purchaser is required to provide his or her personal data to allow the correct and timely execution of this contract. Failure to provide personal data will make it impossible to respond to the Purchaser’s request.
12.8 The acquired data will be stored for no longer than required to fulfil the purposes for which they were collected and subsequently processed. Data will be removed safely.
12.9 The personal data holder is the Seller, to whom the Purchaser may address any request at the company headquarters.
13.1 In the event of disputes arising from or related to this agreement, the parties undertake to resolve them amicably.
13.2 Should the dispute not be solved amicably and, in any case, within six months from the date it was initiated, it will be settled exclusively by the court in the district where the Seller has its domicile, in compliance with Italian Legislative Decree 206/05. Should the Purchaser not be the end consumer or reside and/or be domiciled in Italy, it is agreed that the Court of Vicenza will have exclusive jurisdiction over any dispute, even as an exception to the rules governing territorial jurisdiction.
14. APPLICABLE LAW
14.1 This agreement is governed by the Italian law.
14.2 Any matter not expressly covered will be governed by the legal provisions applicable to the relations and circumstances covered by this contract and, in any case, the Italian Civil Code and Italian Legislative Decree No. 206 dated 6 September 2005 (Consumer Code).
15. FINAL CLAUSES
15.1 This Agreement supersedes and replaces any previous written or verbal agreement, understanding, or negotiation between the parties concerning the purpose of this contract.
15.2 Should any clause be found unenforceable, this shall not invalidate the entire contract.
15.3 These terms and conditions of sale have been drawn up in Italian, English, Russian, and Chinese. Should any interpretation difficulties arise, the parties agree that the Italian version will be deemed authentic and enforceable.
PURCHASER’S ACCEPTANCE OF THE TERMS AND CONDITIONS
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian civil code, the Purchaser expressly declares to have carefully read this agreement and expressly accept the following clauses:
Art. 2 (Accepting the terms and conditions of sale)
Art. 3 (Purchase and retail prices)
Art. 4 (Closure of the agreement)
Art. 6 (Deliveries)
Art. 7 (Limitations of liability)
Art. 8 (Warranty and support)