Terms and conditions of service
1.1 These general terms and conditions apply to the purchase of SARAGIUNTI branded products (hereinafter "Products") made through the e-commerce website https://www.saragiunti.it/ (hereinafter the "Site") by users.
1.2 The Site is owned by iDesign S.r.l., and used by iDesign S.r.l., with registered office in Via Helsinki 29, 00144 Rome (RM), Italy, (hereinafter also the "Owner"), tax code, VAT number and registration number with the Companies' Register of Rome, no. 12137741000.
1.3 iDesign S.r.l proceeds to sell the Products through the Site. Purchases of Products made through the Site will see as parties iDesign S.r.l., as seller (hereinafter the "Seller"), and the person, who proceeds to purchase one or more Products (hereinafter the "Customer"), (Seller and Customer will be hereinafter collectively referred to as the "Parties").
1.4 Any communication from the Customer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the contact details and in the manner indicated on the Site via contact form.
1.5 Each purchase is governed by the general conditions of sale in the version that is published on the Site at the time of transmission of the order by the Customer.
1.6 The Site is dedicated to retail sales. Persons who are not natural persons and/or who should proceed to the purchase of one or more Products for purposes referable to their entrepreneurial, commercial, handicraft or professional activity are not entitled to transmit purchase orders. In any case, if one or more sales are made in favor of one of the aforementioned subjects, these general conditions of sale will apply but, notwithstanding the provisions thereof: (a) the same will not be recognized the right of withdrawal referred to in Article 10; (b) the same will not be able to benefit from the guarantee on the Products indicated in Article 8; (c) the same will not be recognized any other protections, if any, provided herein in favor of persons who are natural persons and proceed to the purchase of one or more Products for purposes not related to their entrepreneurial, commercial, craft or professional activity, which reflect or comply with mandatory provisions of law; d) the contract of sale concluded between the Seller and the same shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7 By transmitting the purchase order, the Customer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent to him by e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.8 In order to be able to make purchases through the Site, the Customer must be of legal age (18 years) and have the capacity to act, which the Customer with the transmission of the order declares to possess.
1.9 Any charges for Internet connection to the Site, including telephone charges, are the sole responsibility of the Customer, according to the rates applied by the operator selected by the Customer.
2. Characteristics of the Products and their availability in the different geographical areas
2.1 The Products are sold with the characteristics described on the Site and according to the general conditions of sale, published on the Site at the time the order is transmitted, to the exclusion of any other condition or term.
2.2 The Seller reserves the right to change these terms and conditions at any time, at its sole discretion, without the need to provide any notice to users of the Site. Any changes made will be effective as of the date of posting on the Site and will apply only to sales concluded on or after that date.
2.3 Prices, Products for sale on the Site and/or the characteristics of the same, are subject to change without notice. Before sending the purchase order, pursuant to Article 3 below, the Customer is invited to check the final sale price.
2.4 The Site can be accessed by users from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the states that are indicated on the Site.
2.5 Seller reserves the right to make changes and improvements to any Product offered on the Site, without the obligation to make such changes to those already sold.
3. Method of purchase of products - completion of each individual purchase contract
3.1 The presentation of Products on the Site, which is not binding on the Seller, is merely an invitation to the Customer to make a contractual proposal to purchase and not an offer to the public.
3.2 The purchase order transmitted by the Customer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Customer, by transmitting the order to the Seller, accepts in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Customer will be asked to read carefully these general conditions of sale and the notice on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their own personal use. In addition, the Customer will be asked to identify and correct any errors in their data entry.
3.3. The Customer's purchase order is accepted by the Seller with the sending to the Customer, to the e-mail address declared by the latter to the Seller when registering with the Site, or when transmitting the order if the Customer is not registered with the Site, of an e-mail confirming the order, which will contain the link to the text of these general conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered. The Customer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Customer may request a copy via contact form.
3.4 However, each contract for the purchase of the Products, except as specified below, shall be deemed to be concluded after the Customer receives the order confirmation from the Seller by electronic mail, and when the Seller has collected the price of the Products sold, the shipping costs and any other amount due from the Customer as provided in Articles 6 and 7 below.
4. Product selection and purchase procedure
4.1 The Products presented on the Site may be purchased by selecting the Products of interest to the Customer and placing them in the virtual shopping cart. Once the selection of Products has been completed, in order to execute the purchase, the Customer will be asked to (i) register with the Site, providing the requested data, or (ii) log in, if the Customer is already registered, or (iii) provide his/her data in order to complete the order and allow the contract to be finalized. If the data indicated in the order are different from those provided when registering on the Site, the Customer will be asked to confirm his data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address, a telephone number where he can be contacted for any communications relating to the purchase made. The Customer will display a summary of the order to be executed, the contents of which he/she may modify: then, the Customer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box on the Site and finally through the "Confirm Order" button, the Customer will be asked to confirm his/her order, which will thus be definitively sent to the Seller and will produce the effects described in Article 3 of this contract. The Customer will also be asked to choose the shipping mode and payment method, from those available. Should the Customer decide for the immediate payment method (simultaneous with the purchase) by credit card, PayPal, will be required to communicate the relevant data via secure connection. For accounting and administrative needs, the Seller reserves the right to verify the general information provided by the Customer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Customer.
5. Delivery of the goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power in order to comply with the delivery times indicated on the Site and, in any event, to execute the delivery within a maximum time of 30 (thirty) days from the day following the day of acceptance by the Seller of the Customer's order and the collection by the Seller of the price, shipping costs and any other amount due by the Customer.In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Customer and will refund the amounts already paid by the Customer for the payment of the Product.
5.3 The shipment of the Products ordered by the Customer will take place in the mode selected by the Customer, among those available and indicated on the Site at the time of sending the order. The Customer undertakes to check in the shortest time possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the products received or their discrepancy from the order placed, according to the procedure set forth in Article 8 below of these general conditions of sale, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Customer arrive at the destination manifestly damaged, the Customer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is as stated on the Site at the time the Customer submits the order. Prices are inclusive of standard packaging costs and, where highlighted on the Site itself, are inclusive of VAT (if applicable) and any other indirect taxes (if applicable) and/or duties, while they do not include shipping costs which are quantified with the order confirmation sent by the Seller to the Customer and which the same Customer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2 The Customer shall pay to the Seller the total price, shipping charges and any other amount due as set forth in the order confirmation e-mailed by the Seller to the Customer.
6.3 If at the time of selecting the Product, it is shown that the price of the Product does not include any indirect taxes and duties, the Customer agrees as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered, the taxes and duties due. The Customer is invited to inquire with the competent bodies of its country of residence or destination of the Products in order to obtain information on any duties or taxes applied in its country of residence or destination of the Products.
6.4 Any additional costs, charges, taxes and/or levies that a given country may apply, for whatever reason, to the Products ordered under these general conditions of sale shall be borne exclusively by the Customer.
6.5 The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in points 6.3. and 6.4. above, at the time of sending an order to the Seller, shall not constitute cause for termination of this contract and that the Customer shall not be able to charge the aforementioned charges to the Seller in any way.
7.1 The Customer expressly agrees that the execution of the contract by the Seller shall commence when the price of the Product(s) purchased, shipping charges and any other amount due is credited to the Seller's bank account, including because no contract shall be deemed to have been concluded prior to the aforesaid collection.
7.2 Payment may be made by PayPal-enabled credit cards, subject to the conditions described below.
7.3 If payment is made by credit card, the Customer will be transferred to a secure site and the credit card data will be communicated directly to PayPal (Europe) S.à r.l. et Cie, S.C.A, L-1150 Luxembourg, the operator handling payments on behalf of the Seller. The transmitted data will be sent in a secure mode, by means of 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data are not accessible even for the Seller.
7.4 The Seller will promptly transmit to the Customer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller's legal warranty of conformity, reporting of conformity defects and warranty interventions
8.1 Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Customer that the Products will be free from defects in design and material as well as in conformity with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. Any warranty shall not apply if the Product is used or washed in a manner that is not in accordance with the Product's own use and the instructions/warnings in this regard provided by the Seller, i.e. stated in the illustrative reference documentation, tags or labels. Note: in the case of iDesign the subject is the same, so delete "and/or by the Owner"; ditto for 8.3 and 8.4
8.2 Under penalty of forfeiture of this warranty, the Customer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from their discovery, by transmitting to Customer Service by email to the following address [email protected] the appropriate returned page correctly filled in, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and/or the tax receipt).
8.3 Following receipt of the request and the relevant documentation, the Seller will assess the defects and non-conformities reported by the Customer through its service department and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Customer with feedback, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Customer, together with a copy of the return authorization notice bearing the "Return Code", within 30 (thirty) days from the return authorization, to the following address:iDesign S.r.l., located at Via Helsinki 29 00144 Rome (RM), Italy
8.4 The Seller will assess, with its own service department, the possibility of repairing the Product, restoring conformity, in a reasonable time taking into consideration the nature of the good.
8.5 If the repair is not feasible, the Seller undertakes to refund the Customer the price paid; the refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product or by bank transfer. It will be the Customer's responsibility to notify the Seller, at the time of the return request or via contact form, of the bank details to make the transfer in its favor and to ensure that the Seller is put in a position to be able to return the amount due.
9. Liability for damage from defective products.
9.1 With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply.
10. right of withdrawal - information
10.1 The Customer is acknowledged the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately in a single order, the last Product has been delivered.
10.2 In order to exercise the right of withdrawal, the Customer must inform the Seller, prior to the expiration of the period referred to in paragraph 10.1 above, of its decision by accessing the "My Returns" page from My Account or, if it is not registered to the Site, by accessing the dedicated page and entering the order number and the e-mail with which it made the purchase. Alternatively, the Customer may send an explicit statement to the Seller via the contact form or to the e-mail address [email protected], of its decision to withdraw using the attached withdrawal form.
10.3 Following the provisions of paragraph 10.2 above, the Customer will receive an email confirming the exercise of withdrawal, containing the return form to be inserted in the package, and instructions for proceeding with the return of the product, to be transmitted no later than the next 14 days to:iDesign S.r.l., located at Via Helsinki 29, 00144 Rome (RM), Italy
10.4 The risks and direct costs of returning the goods will be borne by the Client. The Site also provides the option for the Customer to use a return service for the Products at a cost that will be specified from time to time. The Customer remains free to use or not to use such service.
10.5 If the Customer withdraws, he/she will be refunded the payments made including delivery costs in the event that the withdrawal is requested for all the items in the order (additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered remain excluded), without undue delay and, in any event, no later than 14 days after the exercise of withdrawal. Said refunds will be made using the same means of payment used by the Customer for the initial purchase, unless the Customer requests a refund by a different means of payment, in which case any additional costs arising from the different means of payment will be borne by the Customer. Refunds may be suspended until receipt of the Products to be returned or until Customer demonstrates that it has returned the Products, whichever is earlier.
10.6 The Customer shall be responsible for any diminution in the value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and operation of the Products.
11. Intellectual Property Rights.
11.1 The Client declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of iDesign S.r.l.. and/or its assignees, without any right deriving to the Client from the access to the Site and/or the purchase of the Products.
11.2 The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of iDesign S.r.l..
12. Customer data and privacy protection
12.2 The Customer represents and warrants that the data provided to the Seller during the registration and purchase process is correct and true.
12. 3 The Customer may at any time update and/or modify its personal data provided to the Seller through the appropriate section of the Site "Account" accessible after authentication.
13.1 Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Customer on the Site, even after the Customer has authenticated (logged in), cannot be accessed or viewed by unauthorized third parties.
13.2 The Seller, with respect to data relating to credit card payments uses the services of the company Paypal Inc. which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, attempt of conciliation and place of jurisdiction
14.1 Any contract of sale concluded between the Seller and the Customer pursuant to these general conditions of sale shall be governed by and interpreted in accordance with Italian laws and in particular by Legislative Decree No. 206 of September 6, 2005, on the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce. In any case, the rights that may be attributed to Customers by mandatory provisions of law in force in the State of the latter will be unaffected.
In case of discrepancy between the Italian language text and the English language text, the text drafted in the Italian language will prevail.