GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES
These general conditions of sale regulate the sale of items produced and marketed on the website www.sagester.it by the company "Sagester S.r.l." with registered office in Zanè, VAT number 03433300245 (hereinafter the "Seller").
The website and the "Sagester" brand are exclusive property of "Sagester S.r.l"
Any changes to the conditions of sale, also with reference to the guarantees reported and in consideration of any regulatory changes, will be effective from the time of their publication on the website and will refer to sales made from that moment on.
1. DEFINITION AND SUBJECT OF THE CONTRACT
This contract (hereinafter "Contract") is a distance Contract which has as its subject the sale of sports clothing items and related accessories, referred to in the relevant page, between "Sagester Srl" and the customer (hereinafter "Customer") as part of a distance selling system organized by the Seller which, for this Contract, uses the internet exclusively.
The Customer must qualify as a consumer, meaning that he is solely a natural person who purchases for exclusively personal needs unrelated to any professional/business use. Anyone who violates this prohibition will be charged a penalty in the percentage of 50% of the total price paid, a penalty that must be paid immediately once the Seller has discovered the violation committed, with the payment methods indicated by the Seller in the written report sent by registered mail with return receipt.
All contracts will therefore be concluded directly through the access by the Customer to the website at the above conditions of sale which exclude and exceed any agreement previously or verbally established between the parties.
To be able to place an order the Customer must be of legal age. Orders placed will be binding for the Seller only with their acceptance forwarded to the Customer via e-mail (to the e-mail address provided by the Customer with the order) of the duly completed order, subject to authorized payment and availability of the item/s. It is advisable to keep the e-mail confirming acceptance by the Seller. If the confirmation e-mail is not received, the Seller must be contacted at the following address: sales@sagester.it
Any right of the Customer to compensation for damages or reimbursement is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order by "Sagester S.r.l.".
The technical information printed on the catalogue, visible on the website, is based exclusively on the official data of the Seller, with the reservation of modifying technical and dimensional parameters based on variations in the items. It is understood that the image accompanying the description of an item may not be perfectly representative of its characteristics for reasons not attributable to the Seller and, in any case, due to the effect of the Internet browser and/or through the display of the devices used by the Customer. The Seller expressly disclaims any responsibility in this regard from now on.
2. PURCHASE PROCEDURE
2.1. Each item offered for sale on the website can be viewed via a special link that allows the photographic images of the item to be viewed, the unit price (including taxes or other applicable duties), colours and different sizes (if any).
2.2. The customer can purchase one or more items, for a maximum of nr. 4 units for each one, without prejudice to the Seller's right to change the indicated excess or shortage quantity at any time, both for reasons related to production and for the needs of the Customer.
2.3. The items chosen by the Customer and their quantity will be placed in a specific section (hereinafter referred to as the "Cart") together with one or more photographic images in digital format of the purchased item.
2.4. Exceptionally, inconveniences may occur in relation to the availability of certain articles on the website. In such circumstances, the Seller will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of their order.
Any temporary unavailability of an item on the website will be immediately reported by the Seller.
2.5. The Seller reserves the right to change the items offered for sale on the website at any time without prior notice.
2.6. To view the selected items and the total price of the purchase order, the Cart section must be accessed.
The Customer, before confirming his order proposal (hereinafter referred to as the "Order Proposal"), is required to verify the accuracy of the contents of the Cart and to complete the purchase form according to the instructions provided on the website.
2.7. The purchase procedure ends when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the "Purchase Button"), thus validating their Order Proposal which will be sent directly to the Seller.
The completion of the purchase between the Seller and the Customer will take place with the acceptance by the Seller referred to in point 1, third paragraph.
2.8 In the case of items bearing the words "only on order", the Customer must send his request through the e-mail indicated on the website. Upon receipt of the e-mail, the Seller will contact the Customer to agree on the methods and timing of the delivery of the item, if possible, and its price.
2.9. The order proposal issued by the Customer will be taken over by the Seller only if the entire purchase procedure has been regularly completed.
Upon receipt by the Seller of the Order Proposal forwarded as above, subsequent changes by the Customer will not be allowed.
2.10 Once the Customer has entered the correct section, the order in electronic format that will be displayed by the Customer before sending the order will have to be immediately completed and sent to the Seller following the instructions that will be reported to him in the various phases upon completion of the Contract.
2.11 The language in which the Contract is concluded is Italian. In the event of a conflict between the translations of the General Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Conditions in Italian prevail.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
By sending his purchase order electronically, the Customer unconditionally accepts and undertakes to observe these general conditions of sale in his relations with "Sagester Srl", declaring that he has read and accepted all the information provided to him pursuant to of the art. 1341 and following of the Italian Civil Code also acknowledging that "Sagester S.r.l." does not consider itself bound to different conditions unless previously agreed in writing.
These general conditions of sale must be examined online by customers visiting the website before they confirm their purchases. The forwarding of the order therefore implies their full knowledge of the aforementioned and relative full acceptance
4. DESCRIPTION OF PRODUCTS AND PRICE INDICATION
4.1 The Seller guarantees the authenticity and high quality of all products offered for sale on the website, also guaranteeing not to sell used, irregular, defective and/or, in any case, items of lower quality than market standards.
The essential characteristics of the items are presented on the website within each "product sheet".
4.2 The prices of the items may be subject to updates. It will be the Customer's responsibility to check the final sale price of the item they intend to purchase before proceeding with the compilation and forwarding of the related order.
5. PAYMENTS AND BILLING
5.2 In case of payment by credit card, the financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to third parties who provide the related electronic payment services remotely, without third parties having access to it in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to the correct fulfilment of the Order and to issue the relative refunds in the event of any returns of the items following the exercise of the right of withdrawal by the Customer, or if it is necessary to prevent or report to the police the commission of fraud on the site. In any case, all personal data provided by the Customer will be processed by the Seller in compliance with the applicable legislation on the subject as provided in the section of the Site "Privacy Policy”.
5.3. The product prices diplayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable.
5.4. The shipment of the purchased items will be carried out only after successful payment by the Customer of the due amount.
In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the sales process will be automatically cancelled and the sale cancelled as per notice that will be sent at the same time with a message that will automatically appear to the Customer on the website.
5.5. For each order placed on the website, the Seller will issue an invoice/receipt for the shipped goods which will be inside the package. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid.
After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
For customers from countries outside the European Community it will be necessary to enter the specific data indicated under the item "request invoice".
5.6 The accepted payment methods are as follows:
- Bank transfer
- Cash on delivery
- Paypal
- Credit card
6. SHIPPING AND DELIVERY OF PRODUCTS
6.1 The purchased items will be delivered to the address indicated by the Customer in the order within 15 working days from the acceptance of the order by the Seller at the shipping cost indicated on the website before sending the order. The shipment takes place through authorized and qualified forwarders. For deliveries to be made outside the Italian borders, shipping costs and delivery times may vary.
6.2 With regard to deliveries requested in countries outside the European Union, any import customs fees will be borne by the recipient. The Customer is therefore invited to contact the customs authorities of their country in advance to check the costs and any import limits.
6.3 If the delivery times indicated by the Seller are delayed due to unforeseen or unforeseeable causes not attributable to the Seller, the Customer is not entitled to refuse delivery or to request refund or compensation.
In case of delays due to the realization of the ordered items, the Customer will be promptly notified by the Seller by email or by telephone with the Customer having the right to cancel the order in case of excessive delay with consequent reimbursement of the price already paid.
6.4. The items sold on the website can only be delivered to the countries, and at the prices, listed below:
ITALY € 12.00;
CALABRIA, SICILY, SARDINIA € 17.00;
SAN MARINO € 25.00;
EU COUNTRIES: AUSTRIA, FINLAND, GERMANY, FRANCE, SPAIN, THE NETHERLANDS, IRELAND, LUXEMBOURG, CZECH REPUBLIC, DENMARK, GREECE, SLOVAKIA, PORTUGAL, SWEDEN, SLOVENIA, HUNGARY, BULGARIA, POLAND, ESTONIA, LATVIA, LITHUANIA, ROMANIA, SPAIN € 25.00;
EXTRA EU COUNTRIES:
- UNITED KINGDOM € 28.00
- NORWAY € 28.00
- SWITZERLAND € 35.00
- UNITED STATES € 40.00
- CANADA € 40.00
- JAPAN € 60.00
- UKRAINE € 70.00
- LIECHTENSTEIN € 45.00
- CROATIA € 50.00
- TURKEY € 85.00
- MALTA € 40,00
- SINGAPORE € 50,00
For other countries which are not indicated, the Customer must contact the customer service and request a quote, if delivery and shipment are possible by the Seller.
7. RIGHT OF WITHDRAWAL AND RETURN
7.1 Customers who are not satisfied with their order for any reason may exercise the right of withdrawal within 14 working days of receipt of the item/s (the working days will begin to be calculated on the basis of proof of delivery). The items must be returned intact.
7.2 In order to exercise the right of withdrawal, the Customer must comply with the following conditions in order to obtain a refund of the amount paid during the purchase:
- the items must be returned to the Seller at the expense of the Customer via a single shipment inside the original packaging. Therefore, returns of items belonging to the same order sent at different times will not be accepted;
- the items must be returned in the same state in which they were delivered: that is, they must not be damaged in any way, deteriorated, dirty and in any case in a state such as to suggest unequivocally that they have been used, and they must be accompanied by all the labels with which they were received.
In case of withdrawal, the Customer must complete and send the appropriate form that will be found here.
7.3. In the event that the Customer should receive defective goods due to manufacturing errors of the purchased item, the Customer is required to fill in the appropriate return form available here and send photos documenting the defect to the e-mail address sales@sagester.it. Photos are essential before shipping and authorizing a refund. In case of acceptance, the withdrawal and return costs are charged to the Seller, unless otherwise agreed with the Customer.
In the event of a size change, the Customer is required to send the request to the e-mail address sales@sagester.it to receive the respective return form and to wait for information on the procedure. The replacement of the garment is valid only if the change concerns exactly the same model originally purchased. Transport costs are entirely borne by the Customer.
7.4. The Customer also acknowledges that, for safety and sanitary reasons, the following items cannot be returned: tights, leotards and masks. Likewise, items purchased "to order" cannot be returned.
7.5. Returned products must be sent to the following address:
Sagester S.r.l.
Via G. Marconi n. 35
36010 - Zanè (VI)
ITALY
7.6 In the event that the Seller does not receive the return within the above indicated period due to the Customer not having followed the procedure indicated above or in the event of loss, theft or damage for whatever reason, not attributable to the Seller, the return will result as never having taken place.
- the return request must be sent by e-mail (sales@sagester.it) no later than 14 working days from the date of delivery of the item. On the contrary, the return request will not be accepted;
8. COMPLAINTS
Any shipping errors or missing items which have been ordered must be promptly reported via e-mail to "Sagester S.r.l." quoting the order or invoice number, which will solve the matter as soon as possible.
9. APPLICABLE LAW AND JURISDICTION
9.1 The General Conditions are governed by Italian law and in particular by the Legislative Decree 6 September 2005 n. 206, (alleged Consumer Code) in Chapter I "Consumer rights in contracts", with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning the electronic commerce.
9.2 These General Conditions of Sale are governed by Italian law and will be interpreted on its basis, without prejudice to any other mandatory rule, more favourable to the Customer, applicable in the country of habitual residence of the Customer.
9.3 All concluded contracts are intended to be concluded in Italy and are subject to Italian law.
For any dispute, the exclusive competent court is that of Vicenza.
For any further clarification, contact our sales office at the following address:
Sagester S.r.l.
Via G. Marconi n. 35
36010 - Zanè (VI)
Tel. +390445314613
Email: sales@sagester.it