Last updated: June 2020
1. About Serapian and these Conditions of Sale
In these general conditions of sale (the “Conditions of Sale”) the meaning assigned to a term indicated in the singular extends to those declined in the plural and vice versa.
These Conditions of Sale apply to any provision of personalization services (the “Services”) as well as to any sales of products advertised on the website https://www.serapian.com/it/ (the “Website”), or on any associated mobile or digital applications that refer to these Conditions of Sale (together with the Website, the “Sales Channels”) ,that may be ordered from Stefano Serapian S.r.l., which has its registered offices at Via Benigno Crespi 26, 20159 Milano, Italy, with tax and VAT number 04619020151 (“Serapian” and “we” “us” and “our”) by a consumer, as defined by Article 2 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 (the “Consumer” or “you”).
Please read these Conditions of Sale carefully. Please note that before placing an order for Products, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any Products through the Sales Channels.
Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
2. Updates to these Conditions of Sale
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Sales Channels. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
3. Purchasing eligibility
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.
By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
4. Product availability & quantity
All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Sales Channels, which cannot be added to the shopping bag, are not available for sale. The Customer service centre is reachable through the Contact Us section available on the Website and can provide more information as regards these products. For information about the order process, please refer to section 7 below.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
5. Account registration & guest checkout
To place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).
6. Personalized services
Services (for example embossing) may be available on a selection of Products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.
We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for Services is correct.
In addition, orders for personalized Products cannot be cancelled and such Products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund. This does not affect your Consumer rights (please see section 16 “Manufacturer’s guarantee and your Consumer rights”for further information).
7. Order Process
The order process of the Sales Channels will include the following:
- Add to Shopping Bag: Once you have chosen a Product, you may place this Product in your shopping bag. You may then decide to continue shopping for other Products and add them to your shopping bag (subject to availability and quantity limits). Placing a Product in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment (by e-mail or other durable medium, which means the Consumer expressly accepts), as specified in section 12 below.
- Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several Products you have selected from the shopping bag as part of the checkout process.
- Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
- Placing of Order: You then check the relevant box and place your order. It is the moment when your obligation to pay the price arises.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
8. Prices, taxes and shipping costs
All prices shown on the Product pages of the Sales Channels or quoted by the Customer service centre include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated.
The applicable currency will be updated based on the chosen country of navigation on the Sales Channels, and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully before confirming and placing your order as this entails your obligation to pay the price.
Sales, use or other taxes will vary based on the location to which Products are being shipped.
Shipping costs, if any, are described in the Shipping Policy (under section 11 below) or on the Sales Channels. Shipping costs are not stated on the Product pages but will be added to the Product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
We may offer the Consumer a VAT refund mechanism if the Consumer decide to have the products delivered in certain countries of the European Union and, no longer than thirty (30) days afterwards, export them outside the European Union upon certain conditions. Such mechanism will not be available to European Economic Area customers. For details, please contact our Customer service centre.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of Products and delivery costs are updated. However, it is always possible that, despite our reasonable efforts, some of the Products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the Products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process (as per section 7), we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment (as per section 12) may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When ordering on the Sales Channels, you will need to enter your payment details on the appropriate form. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
The full amount of your purchase will typically be blocked on your mean of payment until your order is shipped, at which point you will be sent a Confirmation of Order & Shipment and your payment card will be charged the applicable purchase price.
Where we offer PayPal, PayPal Express, Alipay, WePay and iDeal as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Some of the foregoing payment methods may only be made available to you in certain countries, and this will be made clear on the Checkout page. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.
We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Customer service centre, however, some financial institutions may charge a fee for using a bank wire transfer. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
10. Acknowledgement of Order
Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise) confirming the details of your order together with an order reference number. Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Customer service centre promptly.
These Conditions of Sale are always available on the Sales Channels and will be provided to you when we acknowledge your order.
11. Shipping Policy
We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, or PO boxes. For further information, please contact the Customer service centre.
If you order several products, we will ship the order only once all products are available (there will be no partial shipments unless otherwise communicated to you).
12. Confirmation of Order & Shipment
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a Product that we have explained to you will take additional time to deliver, for example in the case of Products or services that we personalize or produce to your specifications.
When ordering through the Sales Channels, you may be able to choose a specific delivery date as available on the Sales Channels or directly through the delivery carrier. Any such specific delivery date remains subject to our confirmation or the confirmation of the delivery carrier (where applicable).
If delivery of Products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Customer service centre to cancel the relevant order and get a refund of any sums you pre-paid us for any Products which you have not received.
In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any Products which you have not received.
When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
We will require a handwritten or electronic signature by you, or a person at the nominated delivery address, to confirm the delivery of each Product, at which point risk and responsibility for your purchased Products passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by Serapian and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right, also through a carrier, to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of Products. Please call our Customer service centre for more information.
When ordering products via the Sales Channels, you will receive an invoice (to your e-mail address as a PDF attachment or otherwise).
15. Returns and Exchanges
(a) Right to Cancel
You have the right to cancel the contract of sale relating to one or more Products without giving any reason fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the Products in your order. If you are a customer based in the European Union or the European Economic Area and have made a purchase via the Sales Channels, this is considered to be your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.
To cancel the contract and return your product(s), you can contact our Customer service centre and follow the instructions that will be given to you, or you can send us in writing an unequivocal statement via e-mail to firstname.lastname@example.org. Alternatively, you may cancel using the Model Cancellation Form, but it is not obligatory.
The right to cancel does not apply, among others, in case of supply of goods: (i) tailor-made or clearly personalized; (ii) which are likely to deteriorate or expire rapidly; (iii) sealed, which are not suitable for return for hygienic reasons or other reasons related to health protection, and have been opened after delivery.
(b) Return Process
Products that have been purchased through the Sales Channels may only be returned to our Serapian e-boutique distribution centre at the address of our Returns Department through our Customer service centre.
Products that have not been purchased through the Sales Channels may NOT be returned to our e-boutique distribution centre.
To return a product to our e-boutique distribution centre, you must follow the steps mentioned below:
(i) Contact the Customer service centre.
(ii) You may choose (a) to use our pick-up service and agree on a pick-up date with our logistics partner, or (b) a parcel drop-off at any of our logistics partner’s network locations within the eligible return period. You may be asked at this stage to provide information about the Product for us to make a first assessment of the condition of this Product;
(iii) The Customer service centre will send you a return form by e-mail or ask you to complete the return form that was enclosed with your Product delivery;
(iv) Please fill out the required information on the return form and sign it;
(v) You must include in the delivery package the completed return form along with the product, all its accessories, any free items you received as part of your order, the Warranty Card and all other documents, in their original box;
(vi) Please seal the delivery package and affix the pre-paid airway bill which will be sent to you by email from our Customer Care team when contacting them in (i) above; and
(vii) On the agreed date, our logistics partner will pick-up the sealed delivery package, or you opt for the drop-off service at any of our logistics partner’s network locations, you will be given a receipt with a return tracking number that should be kept until we send you an order refund confirmation by e-mail.
You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our Serapian e-boutique distribution centre will be eligible for a refund or exchange.
(c) Condition of Returned Products
We will verify that the returned Product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.
Our Products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Serapian box and delivery package, including all accessories and documents. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
If you have received free items as part of your order, they must be returned with the products.
All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned Products satisfy these requirements. If the Products do not meet QC standards, we will refuse the return, and the Products will be returned to you. If the returned Product satisfies QC, we will proceed with the applicable refund or exchange.
Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(d) Products you cannot return or exchange
Orders for Products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such Products cannot be returned to us for exchange or refund. This includes, without limitation, Products that have been embossed.
You may return a Product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.
Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Product as a gift be entitled to receive a refund. If you are a gift recipient and wish to return a Product, please contact the Customer service centre to discuss your options.
If the return complies with these Conditions of Sale, we will use commercially reasonable endeavours to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within fourteen (14) days after receipt of the returned Product by the Serapian e-boutique distribution centre. Initial shipping charges will be refunded, except where you had originally opted for a non-standard delivery, in which case the supplemental costs will be non-refundable.
You may return a Product purchased through the Sales Channels for exchange with another Serapian Product, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.
In any event, the sale of the returned Product will be cancelled and a new order for the Product ordered must be placed.
Should a Product be returned to the Serapian e-boutique distribution centre for exchange with a less expensive Product, only the Consumer will be entitled to receive a refund of the price difference.
If a Product is returned for exchange with a more expensive Product, you will have to pay the price difference.
16. Manufacturer’s guarantee and your legal Consumer rights
We are committed to ensuring that each Product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
All Products sold through the Sales Channels benefit from the legal guarantee of conformity.
Our Customer service centre can provide you with further information upon request.
17. Complimentary Services
The following complimentary services will be proposed, free of charge, by the Sales Channels:
(a) Gift Wrap and Packaging
All orders will be shipped with the Serapian box gift wrapped in Serapian special packaging, together with a Serapian shopping bag (where applicable).
Embossing may be available on specific Products, and offered only through sales transactions completed through the Customer service centre.
If you wish to have your Serapian Product embossed, please provide the details to the Customer service centre.
In accordance with section 15, orders for personalized Products cannot be cancelled and personalized Products cannot be returned for exchange or refund.
(c) Gift Note
You may personalize your order by adding a personalized note that will be printed by Serapian on a gift card to be included in your order package. Serapian reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Serapian-logo stationery.
For any repair inquiries relating to a Product ordered through the Sales Channels, please contact our Customer service centre.
19. Product descriptions
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Sales Channels, in advertisements or catalogues or as provided by the Customer service centre is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
20. Limitation of liability
To the fullest extent permitted by applicable law, we disclaim and exclude all warranties and liabilities which are not mandatory by law.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law.
Subject to the preceding sentence, our aggregate liability to you, of whatever nature, shall in no event exceed the one hundred percent (100%) of the price of the Product(s) in your order.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
21. General provisions
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms.
22. Applicable law and jurisdiction
These Conditions of Sale shall be governed by and construed in accordance with the laws of Italy. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
You may bring proceedings against us either in the courts of Italy or in the courts of the country where you are resident. We may also bring proceedings against you in the courts of the country where you are resident.
Without any restriction to bring proceedings before a court, you and Serapian will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to a Product, the Conditions of Sale or any breach thereof.
If you are a Consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address:http://ec.europa.eu/consumers/odr/.
If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.
Serapian Customer service centre