General Conditions of Sale
Date of publication on website and entry into force 6/06/2022
1.1. These General Terms and Conditions of Sale (hereafter also the "Conditions") shall apply to the purchase of Serapian brand products (hereafter the "Products" or individually the "Product") via the e-commerce website (hereafter the "Website") by users falling within the definition of "Consumers" pursuant to article 1.2 below. The Website, which is the property of Stefano Serapian S.r.l., with registered office in Milan, via Benigno Crespi no. 26 tax code, VAT no. and Milan Companies Register no. IT04619020151 (hereafter the "Owner"), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT no., and Milan Companies Register no. 02912880966 (hereafter "TRIBOO DIGITALE").
1.2. TRIBOO DIGITALE sells the Products on the Website on behalf of the Owner. The Parties involved in the purchases of Products via the Website shall be TRIBOO DIGITALE as the seller (hereafter the "Seller") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be jointly referred to as the "Parties"). The Owner themselves shall handle activities relating to processing purchase orders, including delivering Products.
1.3. The Owner is not party to these Conditions, but holds all rights to the Website's domain name, logos and registered trademarks relating to the Products available on the Website and also holds all copyrights relating to the Website content.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw etc. - shall be sent to the Seller at the addresses and in accordance with the procedure set out on the Website and to the e-mail address email@example.com.
1.5. All purchases are regulated by the General Terms and Conditions of Sale published on the Website at the time the Consumer places their order.
1.6. The Website deals in retail sales and as such, is designed to be used exclusively by Consumers. It follows that only Consumers are permitted to submit orders via the Website. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable, but as an exception to that stated therein:
- the withdrawal right referred to in article 10 shall not apply to the buyer;
- the Product warranty referred to in article 8 shall not apply to the buyer;
- no other safeguarding provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- the sales contract entered into by the Seller and buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. Upon submitting the purchase order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent to them by e-mail, to the address they provided during the purchasing process or when registering.
1.8. Consumers must be aged 18 or over in order to make purchases on the Website and be able to act of their own accord; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Website via the Internet, including any telephone expenses, according to the rates applied by the service provider they have selected.
Product features and availability in various geographical areas
2.1. The products are sold with the features described on the Website and in accordance with the Conditions published on the Website at the time the Consumer places their order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at their own discretion, without needing to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Website and will only apply to sales concluded from that date onwards.
2.3. Prices and Products sold on the Website, and/or their characteristics, may be subject to change without notice. Such changes are only applicable to orders which have not yet been confirmed on the date the changes come into effect. In any case, the Consumer is advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the Countries listed on the Website.
Product purchase procedure - Conclusion of each individual purchase contract
3.1. The way in which the Products are presented on the Website, which is not binding for the Seller, merely constitutes an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order which the Consumer submits to the Seller via the Website shall be a valid contractual offer and is subject to these General Terms and Conditions of Sale, which form an integral part of said order and which the Consumer undertakes to fully accept, without reservation, by placing an order with the Seller. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these General Terms and Conditions of Sale carefully, as well as the notice concerning rights of cancellation, print off a copy by clicking on the 'print' button and save or reproduce a copy for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Seller shall accept the Consumer's purchase order by sending an order confirmation e-mail to the Consumer, to the address provided to the Seller when registering on the Website, or during the order process if the Consumer has not registered on the Website. The order confirmation email shall include a link to these Conditions, a summary of the order placed, including a detailed price list, shipping costs and applicable duties, and a description of the product features. The Consumer's order, Seller's order confirmation and Conditions applicable to the contract signed by the Parties will be filed electronically on the Seller's IT systems and the Consumer may request a copy by sending an e-mail to the Seller at firstname.lastname@example.org.
3.4. Any contract relating to the purchase of the Products shall be deemed concluded when the Consumer receives an order confirmation e-mail from the Seller.
Product selection and purchase procedure
4.1. The Consumer may purchase Products displayed on the Website by selecting the relevant Products and adding them to their virtual shopping cart. Once they have made their selection, in order to purchase the Products chosen and added to their shopping cart, the Consumer will be asked to (i) register on the Website, providing details as requested, or, (ii) where already registered, log in, or (iii) provide their details so that the order can be completed and the contract concluded. If the details on the order are different from those provided when registering on the Website, the Consumer will be asked to confirm their details (by way of example and not limited to: forename, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number which can be used to contact the Consumer in relation to the purchase made. The Consumer will be shown a summary of the order to be processed and they may change the details where desired. At this point, the Consumer is required to carefully read and then expressly approve these Conditions by ticking the relevant check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller definitively, producing the consequences defined in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and payment method from those available. If the Consumer decides to pay immediately by credit card, Pay Pal or real-time bank transfer, they shall be prompted to provide the relevant data via a secure connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the order confirmation.
4.2. In the event that, when the Consumer is selecting their desired Product on the Website pursuant to art. 4.1 above, they notice that the price of one or more of the Products they wish to select and purchase is clearly lower than the usual price, net of any discounts and/or promotions in force at that time, due to an obvious technical problem that has occurred on the Website, the Consumer is kindly requested not to proceed with the purchase order and to report the error to the Seller's Customer Care team by e-mail to the following address: email@example.com.
Delivery and acceptance of goods
5.1. Whilst the Website generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding for the Seller.
5.2 The Seller undertakes to do everything within their power to comply with the delivery times indicated on the Website and, in any case, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the Seller is unable to process the order as the Product the Consumer has ordered is not available for delivery, even temporarily, the Seller shall notify the Consumer in writing and refund the amount already paid, as described in art. 5.3 below. If the Consumer opts to pay by bank transfer, the time frame for delivery will become effective from the moment the Seller receives payment.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Website when the order was placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the Products purchased, and to promptly notify the Seller of any faulty products received or any discrepancy between the order placed and the goods actually received, following the procedure referred to in art. 8 of this contract. Failure to do so will result in the Products being deemed accepted. In the event that the packaging or boxing of the Products ordered by the Consumer is visibly damaged upon receipt, the Consumer is invited to refuse delivery from the carrier/courier or accept the delivery "with reservations".
Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Website at the time the Consumer places their order. Prices are inclusive of the costs for standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the Seller sends the Consumer their order confirmation and which the Consumer agrees to pay to the Seller in addition to the price shown on the Website.
6.2. The total price payable to the Seller will be indicated in the order and order confirmation email which the Seller sends to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes (where applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby agrees to pay, if required, in addition to the price stated in the order and order confirmation, as required by the laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in their country of residence or the destination of the Products, the Consumer is invited to check with the relevant authorities in their country of residence or the destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties payable on the Products ordered under these Conditions in any given country, for whatever reason, shall be borne exclusively by the Consumer.
6.5. The Consumer hereby declares that, if they are unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above at the time they place the order with the Seller, this shall not constitute grounds for termination of this contract and such fees shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Website must be strictly made within 10 (ten) days from when the Seller sends the order confirmation to the Consumer. The Consumer expressly agrees to the fact that the Seller shall begin to process the contract the moment the price of the purchased product/s is credited to the Seller's bank account.
7.2. Payments for orders can be effected by credit card or PayPal under the conditions indicated below. The Seller may allow additional payment methods, indicating them in the payment section on the Website.
7.3. If payment is made by credit card, the Consumer will be redirected to a secure site and the credit card details will be communicated directly to Adyen N.v., organised under the laws of The Netherlands, headquartered at Simon Carmiggeltstraat 6-50 1011 DJ, Amsterdam, 34259528, The Netherlands, and Shopify International Limited, organised under the laws of Ireland, headquartered at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, operators that deal with payments on behalf of the Seller. The data transmitted will be sent securely, by way of an 128-bit SSL (SecureSocketLayer) encrypted transfer. These data are not accessible even for the Seller.
7.4. Orders may be paid for by way of a bank transfer to the Seller, whereby the Consumer shall use the "Swift" and "IBAN" codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax receipt relating to the purchase will be sent to the Consumer, where provided for by the laws in force, in electronic format to the e-mail address provided by the Consumer, if the products are to be delivered to a recipient within Italy, or attached to the product purchased in paper format in all other cases.
Seller's legal guarantee of conformity, reporting non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Protection Code"), provides Consumers with a legal guarantee that the purchased products are free from material or manufacturing defects, and that they shall conform to the descriptions published on the Website for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Guarantees are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product on the information leaflets, tags or labels. The Seller shall also provide a guarantee that the product possesses the same level in terms of quality, quantity, durability, functionality, compatibility and safety usually possessed by a product of this type.
8.2. Direct action should be taken to establish defects not intentionally concealed by the Seller within twenty-six months from when the Products were delivered to the Consumer in any case. The Consumer can report any product defects and non-conformities by correctly filling out the relevant form and sending it to the Seller's Customer Care team at firstname.lastname@example.org, [click here to download the returns form for faulty products], clearly indicating the defect and/or non-conformity detected, along with the relevant documentation indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt).
8.3. Upon receiving the form and relevant documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner's service centre. After having carried out quality control tests in order to assess whether the Product does, in fact, not conform, the Seller shall, at their own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail at the address they provided when registering on the website or placing the order; this e-mail will include the "Returns Code". Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this will be assessed once the Products have been returned. The Consumer shall send the Products that the Seller has authorised to be returned, together with a copy of the authorisation for the products to be returned including the "Returns Code", within 30 (thirty) days from the date on which the defect or non-conformity was reported, to the following address:
Stefano Serapian srl c/o Florence Luxury Leather srl
Via del Parlamento Europeo 7
50018 Scandicci (FI)
8.4. In the event of defects and/or non-conformities, the Consumer shall be entitled to have the Seller restore the conformity of the Product through repair or replacement, or by way of alternative remedies in the cases expressly provided for by the Consumer Code.
If the Seller is obliged to refund the Consumer the price paid, the refund will be effected, where possible, using the same payment method that the Consumer used to purchase the product, or by bank transfer. The Consumer will be responsible for providing their bank details to the Seller, using the same e-mail address email@example.com, so that they can perform the bank transfer and effect the refund.
Liability for damage caused by defective products
9.1. With regard to potential damages caused by faulty Products, the provisions set forth by the Consumer Code shall be applicable. The Seller, in their capacity as distributor of the Products on the Website, holds themselves harmless from all liability, without exclusion and/or exception, indicating, at the request of the Consumer who suffered the damage, the identity and domicile for the manufacturer of the product concerned.
Right of cancellation
10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these General Conditions of Sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date on which the last Product was received.
10.2 In order to exercise a right of cancellation, the Consumer shall, before the deadline indicated in paragraph 10.1 above, access the "My Returns" page in "My Account" or, if they are not a registered user, they should access the relevant page and enter the order number and email address used to place the order. As an alternative, the Consumer can send an explicit declaration using the contact form or to the email address firstname.lastname@example.org, detailing their intention to exercise their right of cancellation, using the cancellation form enclosed.
10.3 Upon fulfilling the requirements of paragraph 10.2 above, the Consumer will receive a confirmation email containing, in the event that the product ordered has already been received, the returns form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to:
Serapian srl c/o Florence Luxury Leather srl
Via del Parlamento Europeo 7
50018 Scandicci (FI)
10.4 If the Consumer has received the product, they are required to return it to the address indicated above without undue delay and, in any event, within 14 days from the day on which notice of the intention to cancel was provided. The deadline shall be considered met if the Consumer returns the goods before the period of 14 days ends.
The Consumer shall be responsible for the direct risks and costs involved in returning the goods as well as for providing proof of the return. If the Consumer exercises their right of cancellation via the Website and wishes to use the return service offered on the Website, the cost incurred to return the goods will be indicated before the cancellation request is confirmed.
10.5 If the Consumer withdraws from the contract, the payments received will be refunded, including the costs of delivery (with the exception of supplementary costs incurred if the Consumer has chosen a delivery method other than the least expensive type of standard delivery offered by us), without undue delay and, in any case, no later than 14 days from when the right of cancellation was exercised.
Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund via a different means of payment, in which case the Consumer will be charged any additional fees incurred as a result. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever comes first.
10.6 The Consumer is liable if the goods reduce in value in any way as a result of them being handled in a way other than that required to establish the nature and characteristics of the goods and whether they work. Therefore, if the returned goods are found to be damaged (for instance, showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered tags and labels still attached to the product), and unaccompanied by the instructions/notes/manuals supplied, the original packaging and boxing and the warranty certificate, if any, the Customer shall be accountable for the decreased value of the product and shall be entitled to receive a refund equal to its residual value.
To this end, it is highly recommended for Consumers not to handle the product over and above what is strictly necessary to establish its nature and characteristics and whether it works, and to use the original product packaging, plus additional protective packaging that will keep it intact and protect it from writing or labels during transportation.
Intellectual Property Rights
11.1. The Consumer acknowledges that they are aware that all trademarks, names and other distinctive signs, as well as any names, images, photographs, written text or graphics used on the Website or relating to the Products, are and remain the exclusive property of Stefano Serapian S.r.l. and/or its assignees, with no rights arising for the Consumer in relation thereto as a result of access to the Website and/or purchase of the Products.
11.2. Unless prior written consent has been provided by Stefano Serapian S.r.l., Website content may not be reproduced, in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
Consumer data and protection of privacy
12.2. The Consumer hereby declares and guarantees that the details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data they provided to the Seller via the "My Account" section on the Website, which can be accessed after logging in.
13.1. While the Seller takes all necessary precautions to protect personal data against potential loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data that the Consumer views on the Website, even after they have entered their login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service BV, which implements technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and Consumer under these Conditions shall be governed and interpreted in accordance with the Italian laws in force and, in particular, the Consumer Code, with specific reference to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated 9 April 2003, on certain aspects concerning electronic commerce.
This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
14.2. In the event of a dispute between the Seller and Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet.
For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3 As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, efficient, fast and fair ways of resolving disputes over contractual obligations which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU through the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided.
For further information on the European ODR Platform, or to submit a complaint and start alternative resolution procedures concerning a dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: email@example.com.
14.4. If no settlement attempt is made, as under section 14.2 and 14.3, or the attempt is not successful, jurisdiction for all disputes shall be granted to the competent court in the Consumer's place of residence or domicile address.