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GENERAL SALES CONDITIONS
It is specified that the expression “on-line sales contract” is intended to mean the sales contract relative to the material goods of the Seller, stipulated between the Seller and the Buyer, in the context of a remote sales system using digital tools, organized by the Seller.
The General Sales Conditions set down in the following regulate all on-line sales contracts having as object the purchase of the products: Slowear, Glanshirt, Montedoro, Zanone, Incotex and Partner brands which the user buyer (in the following, for the sake of brevity “buyer”) accesses by navigating in this area.
Navigation and transmission of a purchase order on the site lead to accepting the Conditions and of data protection policies adopted by the site and indicated in the following.
The present General Sales Conditions are applied to the sale of products with exclusive reference to purchases made on the site www.slowear.com by Medialab Srl, head office Via Locchi 6, 28100 Novara, P.IVA 01412170035, enrolled in the REA (Bussiness Register) at no. 17145, Social capital € 54.000,00 i.v, to which Slowear has entrusted the management of all sales, post-sales and technological operations.
The above is in compliance with the conditions of Part III, Section III, Heading I of the Consumer Code (Law Decree D.LGS. no. 206/2005, amended by Law Decrees D. Lgs. no. 21/14 and D. Lgs. no. 70/03).
Before accessing the products supplied by the site, the buyer must carefully read the present General Sales Conditions which are generally and unequivocally understood to have been accepted at the moment of purchase.
The buyer is invited to download and print a copy of the purchase order form and the present general sales conditions, the terms of which Medialab Srl reserves the right to unilaterally change with no prior warning.
The buyer can access the site and the products supplied by the site, and purchase the products in the following languages: Italian and English. Medialab Srl manages the sales operations in all EU member countries as well as in Switzerland and Norway.
The present general sales conditions discipline the offer, forwarding and acceptance of purchase orders for products on www.slowear.com and do not discipline the supply of services or the sale of products by subjects other than the seller which are present on the same site via links, banners or other hypertextual connections.
Before forwarding purchase orders for products and services by various subjects, it is recommended that their sales conditions be verified.
In a case of dispute between the present General Sales Conditions and any other terms and conditions relative to sales contracts published in the on-line shop, the General Sales Conditions will be applied.
2) CONCLUSION OF THE CONTRACT
Each order carried out implies the completion of a sales contract in Italian and in English.
To complete the contract, exclusively by data transmission means, it will be necessary to access an on-line service managed by the seller, accessible via the e-commerce platform managed by www.slowear.com which provides the Buyer with access in order to peruse and purchase the Products on various digital interfaces. The platform includes reference to the General Sales Conditions, images of each product and the relative price, the means of payment that can be used, the modes of delivery of the purchased products and relative dispatch and delivery costs, as well as a link to the conditions for use and the right to withdrawal. Modes and times for return of purchased products.
Before completing the contract, the buyer will be asked to confirm that he/she has read the General Sales Conditions including the information on the right to withdrawal and the treatment of personal data.
The contract is to be understood as completed, in accordance with article 1326 of the Civil Code in the location of Via Locchi, 6 28100 Novara - Italy, at the moment when the seller receives the purchase order, following a check to be made on the correctness of the data included therein.
The buyer will be obliged to pay the amount due at the moment when the forwarding procedure of the on-line order has been completed.
3) REGISTERED BUYER USERS
In completing the registration procedures, the buyer undertakes to follow the indications present on the site and supply his or her personal data in a correct and truthful way.
In all cases the confirmation will exonerate the seller from all responsibilities relating to the data provided by the buyer. The buyer undertakes to inform the seller promptly of any change to its details as communicated time by time.
Should the buyer communicate inexact or incomplete data, or even where there is a dispute between the subjects involved relating to the payments made, the seller will be empowered not to activate, or to suspend, the service until the missing information is supplied.
On first request for activation of a profile by the buyer, the buyer will be requested to acquire a username and a password. The buyer understands that these identifying tools constitute the validation system for access to buyers to the Services and the only suitable system for identifying the buyer, whose activities using the access codes will be attributed to him or her and will be effective and binding in relation to him or her.
The user is aware that by making the registration he or she will enter into management of the relationship that Slowear has with its customers. The buyer undertakes to maintain secrecy of his or her access data and to keep the data with due care and diligence and not to transfer it, even on a temporary basis, to third parties.
4) PRODUCT AVAILABILITY
The availability of the products refers to the effective availability thereof at the time when the buyer files the order. The availability will however be considered purely indicative as, with the contemporaneous presence of a plurality of users on the site, the products might be sold to other customers before the confirmation of the order.
In this eventuality, the order will be automatically rectified with the removal of the unavailable product, the buyer will immediately be informed via email and the amount spent as advance payment will be re-accredited.
If the buyer requires the order to be cancelled, thus withdrawing from the contract, the seller will release the restricted amount within 30 days, except for the expected bank transaction timings and PayPal timings, starting from the moment the seller became aware of the decision of the buyer to withdraw from the contract.
It is specified that the order may be cancelled up until the time when logistics takes charge of dispatch: in any case the time until which the cancellation is possible will be indicated on the site.
5) PRODUCTS OFFERED
MEDIALAB SRL markets: products belonging to Slowear, Glanshirt, Montedoro, Zanone, Incotex and Partner brands.
The offer is described in detail on the www.slowear.com site
6) MODES OF PAYMENT, PRICES AND DISPATCH COSTS
The price of the products will be the one indicated time-by-time on the site, unless there is an obvious error.
In a case of error, Medialab Srl will as soon as possible inform the buyer of such, enabling confirmation of the order at the correct amount, or the cancellation.
In any case Medialab Srl will not be obliged to supply the products sold at a lower and erroneously published price.
The site prices are inclusive of VAT, if the purchases are made in EU member countries, and do not include dispatch expenses. Prices may vary at any time. The changes do not relate to orders for which the order has already been confirmed by correspondence.
Shipment to foreign countries may include payment of customs duties.
Slowear will take charge of customs duties to the United States.
US customers will be required to pay Value Added Tax (VAT) imposed by their importing country.
Customers from non-EU countries (Switzerland and Norway) will be required to pay customs duties and taxes (in addition to VAT), provided in their respective country of import.
Once products have been selected they will be added to the shopping trolley. It will be sufficient to follow the instructions for the purchase, by entering or verifying the information requested at each step of the process. The details of the order may be changed prior to payment.
Payment can be made via PayPal and by credit card. The accepted cards are as follows: VISA (CVV), Mastercard (CVV), UP - VISA (CVV), UP - MASTERCARD (CVV), HYPE - VISA, HYPE - MASTERCARD, AMERICAN EXPRESS, PayPal
All products are dispatched from Italy. The delivery will be carried out by Medialab Srl in the following geographic areas: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Norway, Holland, Poland, Portugal, United Kingdom, Rumania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary.
Delivery will be made within the estimated term at the time of selection of the modes of delivery, and in any case within the maximum term of 7 working days from the confirmation date.
Should it not be possible to carry out the delivery, the order will be sent to the depot. In this eventuality, a notification will be issued of the place where the order is located and the ways in which to set up a new delivery.
Should the buyer be unable to be present in the delivery place at the agreed time, the buyer shall have the obligation to newly contact the seller to agree a new delivery date.
8) CANCELLATION OF THE ORDER
Should the delivery not take place for causes beyond the control of Medialab Srl, the latter shall have the right to cancel the planned delivery and also to cancel the purchase order, giving timely communication of such to the customer to his or her indicated e-mail address. As a result of the cancellation the amounts which may already have been paid by the customer shall be returned, and no further claim of any kind may be made against Medialab Srl.
Shipping connected with the cancellation of the contract might incur extra costs which will be the responsibility of the buyer. Dispatch expenses are the responsibility of the buyer and are explicitly stated at the time of the order.
9) TRANSFER OF RISK
The risks relative to the products will transfer to the buyer starting from the moment of delivery.
The ownership of the products is considered to be transferred as soon as complete payment is received of all the amounts due in relation to the products, including dispatch expenses, i.e. at the moment of delivery if this were to take place at a later time.
10) PROMOTIONAL COUPONS
Promotional coupons may not be bought, are distributed by Slowear during promotional campaigns and are valid for a limited time.
Promotional coupons can be used once only in relation to a single order, within the specified period of validity. For the purchase of some products the possibility of using promotional coupons may not be allowed. Promotional coupons cannot be used for purchasing gift coupons. The use of a promotional coupon is subject to a minimum purchase amount.
The value of the purchased products must be the same as or greater than the value of the promotional coupon. If the value of the promotional coupon is not sufficient for covering the value of the ordered products, the difference can be paid using any one of the methods of payment accepted according to what is set down in preceding article 6.
Promotional coupons are not reimbursable in cash form and no interests accrue on their value. Promotional coupons will not be reimbursed should the purchaser decide to return the ordered products completely or in part.
Promotional coupons can be used only if the order is completed; they may not be used retroactively and cannot be transferred to third parties. Except where the seller rules otherwise, it is not possible to accumulate promotional coupons on a single order.
11) GUARANTEE AND COMMERCIAL COMPLIANCE
If there are defects in the products put up on the site, including non-compliance of the articles to the ordered products, as long as the buyer has stipulated the contract as a consumer or any other person acting on the site for reasons extraneous to entrepreneurial or professional activity, the buyer shall have the right to a guarantee in accordance with the Italian regulations.
The foregoing is on condition that: - the defect becomes obvious within 24 months from the date of delivery of the products; - the buyer makes a formal complaint in relation to the defects within a maximum of two months from the date in which the defect was noticed by him/her; - the on-line return form is correctly filled in.
In a case where the goods are not compliant the buyer who stipulated the contract as a consumer will be entitled to obtain the return to compliance of the products at no further expense, by repair or replacement or by obtaining an appropriate reduction in price or by withdrawing from the contract relative to the contested goods and the consequent reimbursement of the price.
12) RIGHT OF WITHDRAWAL:Information relating to the right to withdrawal (ex article 49, clause 1, letter (h) of Law Decree d.lgs 206/2005 “Consumer Code”).
In compliance with the existing legal conditions, the buyer has the right to withdraw from the purchase with no penalty and without specifying the reason for withdrawal, within the term of 14 days starting from the date of receiving the products.
In a case of multiple purchases made by the buyer with a single order and delivered separately, the term of 14 days runs from the date of receiving the last product.
The buyer who intends to exercise the right to withdrawal must communicate such to Medialab Srl with an explicit declaration, which might be sent by recorded delivery or can be done by accessing the www.slowear.com area “my account” section and creating a case file.
The buyer shall exercise the right to withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract via email to the following address: firstname.lastname@example.org
Moreover, the customer, who placed an order as NON registered guest, can exercise the right of withdrawal, by contacting Customer care at email@example.com
13) EFFECTS OF WITHDRAWAL
Following withdrawal from the present contract, Medialab Srl shall reimburse payments already made for purchase of the products by the buyer without undue delay and in any case not after 14 days from the day in which Medialab Srl is informed by the customer of the decision to exercise the right to withdrawal.
Dispatch costs for the package to be returned shall not be reimbursed and will remain the responsibility of the customer.
The reimbursements will be made using the same payment tool used by the customer during the purchase step, unless where other arrangements are made. In any case, the buyer shall not incur any cost as a consequence of the reimbursement. The reimbursement will be suspended up to the receipt, by Medialab Srl, of the products to be returned or up to the demonstration by the buyer that the goods have been dispatched, if this demonstration is produced before.
The buyer shall return or deliver the products without undue delay and in any case within 14 days from the day in which the buyer has communicated his or her desire to withdraw from the sales contract. The Products must be returned: - correctly packaged in their original packing, not ruined, damaged or fouled and accompanied by all eventual accessories, instructions for use and documentation; - provided with the receipt issued at the time of initiating the return process, so as to enable Medialab Srl to identify the customer (Order number, name, surname and address); - without perceptible signs of use, if not those compatible with the carrying out of a normal testing of the article (there must be no trace of a prolonged use or in any case a use exceeding the time necessary for testing and the goods must not be in a state such as not to permit their being re-sold). Where the product does not comply to what is set down in the preceding paragraph, the withdrawal will not be effective.
The return costs for the goods shall be the responsibility of the customer.
Invoices will be issued exclusively in digital format.
Reimbursements will be credited directly on the account or payment vehicle used on the occasion of the purchase.
For payments made using a credit card, reimbursement shall be made on a PayPal account or on the credit card account.
If a discount voucher has been used for the order, Medialab Srl will refund the sum effectively paid net of the discount.
15) DATA TREATMENT
16) CUSTOMER SERVICE
All requests for information can be sent by email to the following address: firstname.lastname@example.org
17) APPLICABLE LAW
The present General Sales Conditions and the sales contracts are regulated by Italian Law (and in particular by the Consumer Code - which in articles 46 to 67 disciplines distance contracts - and Law Decree no. 70 of 09/04/2003 in the matter of electronic commerce) and must be interpreted in the light of this, with the exclusion of the rules relating to conflict and in any case the rules of private international law.
Any dispute which might arise in relation to the present General Sales Conditions and/or sales contracts is devolved exclusively to the Italian Juridical Authority; buyers may also pursue an out-of-court resolution procedure for disputes in compliance with the requisites of articles 141 and following of the Consumer Code. The present conditions were drawn up on July 1st, 2017.