Terms of sale
GENERAL CONDITIONS OF SALE
Date of publication on the site and entry into force 23/09/2021
1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "Ermanno Scervino" brand products (hereinafter "Products" or the singular "Product") performed through the e-commerce site www.ermannoscervino.com (hereinafter the "Site") by users qualifying as "Consumers" pursuant to article 1.2 below. The Site, owned by Dernamaria srl, with registered office Bagno a Ripoli (FI), via di Tizzano n° 169 tax code, VAT number and registration number in the Companies’ Register of Firenze 547168 (hereinafter the "Owner"), is managed by Triboo Digitale Srl - A Company of the Triboo group - with registered office in Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and registration number in the Milan Companies’ Register 02912880966 (hereinafter “TRIBOO DIGITALE”).
1.2. TRIBOO DIGITALE deals with the sale of Products through the Site on behalf of the Owner. Purchases of Products made through the Site will involve: TRIBOO DIGITALE as the seller (hereinafter the "Seller"), and the person who purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties").
1.3. The Owner is not a party to these Conditions, but the owner of the rights to the domain name of the Site, logos and trademarks relating to the Products presented on the Site, as well as of the copyright on the contents of the Site. The Seller has no power to represent the Owner and / or to act in its name and on its behalf and therefore cannot in any way bind it towards third parties.
1.4. Any communication from the Consumer 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 addresses and in the manner indicated on the Site and to the e-mail address firstname.lastname@example.org.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is placed by the Consumer.
1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply yet, notwithstanding the provisions of the same:
- the buyer will not be granted the right of withdrawal referred to in Article 10;
- the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
- the buyer will not be granted any other protections, provided herein in favour of the Consumer, which reflect or comply with mandatory provisions of the law;
- the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980;
- the buyer will not have the right to transfer to third parties, in the exercise of a professional or business activity, the Products purchased on the Site, under penalty of compensation for any damages in favour of the Seller or third parties damaged by such behaviour.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address stated by the same during registration on the Site or during the purchase process.
1.8. In order to make purchases through the Site, the Consumer must be of legal age and have the ability to act, which the Consumer declares to possess.
1.9. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
- Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is placed by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site and / or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed at the date of the change itself. In any case, before placing the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. Yet, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.
- How to purchase the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and that the Consumer is required to accept in full and without reservation by transmitting the order to the Seller. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to save or reproduce a copy for personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data, as well as to expressly accept, where necessary, some of the contractual clauses that by law require specific approval.
3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or sending the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at the address email@example.com.
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
- Product selection and purchase procedure
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) log in, if the Consumer is already registered or (iii) provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm these data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number to contact him/her for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he/she can change the contents; therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site, further specifically approve, where required, some of the clauses of these Conditions and finally, through the "Enter order" button, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2 of these General conditions of Sale. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the 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 Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in paragraph 4.1 above, the Consumer finds that the price of one or more Products he/she intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete the purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the e-mail address firstname.lastname@example.org.
- Delivery and acceptance of goods
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, the latter are to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following the one of the order transmission. 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 communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3. If the Consumer has chosen the bank transfer as payment method, the delivery term will start from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time of placing the order. The Consumer undertakes to promptly check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure referred to in the following art. 8 of these Conditions, failing that, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "subject to".
- Prices, shipping costs, taxes and fees
6.1. The price of the Products is that indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products must be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered under these Conditions, are the sole responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes referred to in the previous paragraphs 6.3. e 6.4., at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that he/she cannot in any way charge the aforementioned charges to the Seller.
7.1. Payment of the price of the Products purchased through the Site must be made within the essential period of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Adyen N.v., with registered office in Amsterdam (Holland), Simon Carmiggeltstraat 6-50 1011 DJ, registered in the Chamber of Commerce of Amsterdam at number 34259528, operator that deals with payments on behalf of the Seller. The transmitted data will be sent in secure mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. If the payment is made by bank transfer in favour of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.
7.5. The Seller will promptly send the Consumer, 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.
- Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under warranty
8.1. Pursuant to and for the purposes of the European Directive 771/2019/ EC and of the Italian Legislative Decree n. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings in this regard provided by the Seller and / or by the Owner, or reported in the reference illustrative documentation, in the tags or in the labels, as well as for the hypothesis of accidental damage suffered by the Product during its use and damage due to wear. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.
8.2. The Consumer can report any defects and non-conformities by sending the Customer Service by e-mail to the address email@example.com, the appropriate form correctly completed, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.
8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with a reply, 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 authorisation to return the product will in no way constitute recognition of defects or non-compliance, the existence of which must be verified after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-compliance, to the following Street address:
TRIBOO DIGITALE C/O T.W.S. LOGISTICA SRL,
VIA PHILIPS 12, 20900 MONZA (MB) – ITALY
8.4. In the event of defects and / or non-compliance, the Consumer will have the right to restore the conformity of the product by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at firstname.lastname@example.org, the bank details to make the transfer and to ensure that the Seller is put in a position to be able to return the amount due.
- Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
- Right of withdrawal
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Conditions, without providing any reasons and without any penalty, within the period of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform Triboo Digitale, before the expiry of the term referred to in paragraph 10.1 above, of their decision by sending an explicit declaration to Triboo Digitale via the contact form or to the email@example.com, of the decision to withdraw using the attached withdrawal form.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the event that he/she has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for the return of the product, to be sent no later than the following 14 days.
10.4 If the Consumer has received the product, he/she is required to return it to Triboo Digitale without undue delay and, in any case, within 14 days from the day of withdrawal communication. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer.
10.5 In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The reimbursement may be suspended until receipt of the goods or until the Consumer demonstrates that he/she has returned the goods, whichever is the earlier.
10.6 Returns cannot be accepted if even one of the following hypotheses occurs: the warranty seal is not intact and / or has been removed from the Product; the tag is not perfectly intact and / or has been removed from the Product; all labels, in fabric or loose, are not perfectly intact and / or have been removed from the Product; the Product lacks any attached instructions / notes / manuals or is in packaging other than the original one; the Product is not in the same condition in which it was shipped; the Product has been worn and / or washed and / or ironed and / or treated in any way. The Consumer is in any case responsible for the decrease in the value of the Product resulting from its manipulation other than that necessary to establish its nature, characteristics and functioning and in this case, if the Seller deems to accept the return, the Consumer will have right to reimbursement only of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
- Intellectual Property Rights
11.1. The Consumer acknowledges 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 Dernamaria srl and / or its successors in title, without the Consumer having any rights over them from accessing the Site and / or purchasing 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 by Dernamaria srl.
- Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
13.1. Although the Seller adopts 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 Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorised third parties.
13.2. With regard to the data relating to payments by credit card, the Seller uses the services of the company Global Collect Service BV which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
- Applicable law, conciliation attempt and competent court
14.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular the Consumer Code, with specific reference to the legislation on distance contracts and the legislative decree of 9 April 2003. n. 70 on certain aspects concerning electronic commerce. In any case, without prejudice to the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, access www.risolvionline.com .
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524 / 2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr . The Seller's e-mail address to be indicated in the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If the conciliation attempt referred to in paragraph 14.2 or 14.3 above is not accepted, or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.