ART. 1 - GENERAL PROVISIONS
1. By navigating in this area the user accesses Sarah Borghi, accessible through the url: www.sarahborghi.com. Browsing and sending a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by
Società Gizeta Calze S.r.l.
Sede: Via Francia 7/9, 46042, Castel Goffredo (MN)
VAT Number : IT 00306870205
TAX Number: 00306870205
Registered in the Register of Company of Mantua under the number 00306870205
3. The user - before accessing the products provided by the site - is required to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which Sarah Borghi reserves the right to modify unilaterally and without prior notice.
5. It is possible to use the site and thus to access and purchase products provided by it in the following languages:
Italian, English , German
ART. 2 - SUBJECT MATTER
1. These General Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products on Sarah Borghi and do not govern, however, the provision of services or sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from other parties, we suggest that you check their terms and conditions of sale.
ART. 3 - CONCLUSION OF THE CONTRACT
1. In order to conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relevant instructions.
2. The form contains a reference to the General Terms and Conditions of Sale, the images of each product and its price, the means of payment that can be used, the method of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the method and timing for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein are correct.
5. The buyer is obliged to pay the price from the moment the online order process is completed. This will be done by clicking on the "Checkout" button at the end of the guided procedure.
6. Once the contract is concluded, the seller takes over the order for processing.
ART. 4 - REGISTERED USERS
1. When completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his personal data correctly and truthfully.
2. Once registration has been completed, the user will receive a confirmation email in the email provided by him/her. The confirmation must be communicated within 48 hours at the latest. After this period, in the absence of confirmation, Sarah Borghi shall be released from any commitment to the user.
3. Confirmation shall in any case exonerate Sarah Borghi from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Sarah Borghi of any change in the data communicated at any time.
4. If the user submits inaccurate or incomplete data, or even if there is a dispute by the interested parties concerning the payments made, Sarah Borghi shall have the right not to activate or to suspend the service until the relevant problems have been solved.
5. On the occasion of the first request for activation of a profile by the user, Sarah Borghi shall assign to the user a username and a password. The latter acknowledges that these identifiers constitute the validation system for the user's access to the Services and the only system capable of identifying the user, and that the acts performed through such access shall be attributed to him and shall be binding on him.
6. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to pass them on, even temporarily, to third parties.
ART. 5 - AVAILABILITY OF PRODUCTS
1. The availability of the products refers to the actual availability at the time the purchaser places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence of several users on the site, the products could be sold to other customers before the order is confirmed.
2. Even after the order confirmation email has been sent, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified by eliminating the unavailable product and the purchaser will be informed immediately by e-mail.
3. If the purchaser requests the cancellation of the order, rescinding the contract, Sarah Borghi shall reimburse the amount paid within 7 days from the time Sarah Borghi became aware of the purchaser's decision to rescind the contract.
ART. 6 - PRODUCTS OFFERED
1. Sarah Borghi sells: women's and men's stockings and tights
2. The offer is detailed in our site at the link: www.sarahboghi.com
ART. 7 - TERMS OF PAYMENT AND PRICES
1. The price of the products is the price indicated from time to time on the site, unless an error is manifest.
2. In the event of an error, Sarah Borghi shall inform the purchaser as soon as possible, allowing confirmation of the order at the correct amount or cancellation. In any case Sarah Borghi shall not be obliged to supply the goods sold at the lower price erroneously indicated.
3. The prices on the site are inclusive of VAT and do not include shipping costs. Prices may change at any time. Changes do not apply to orders for which an order confirmation has already been sent.
4. Once you have selected the products you want, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. You can change your order details before payment.
5. Payment can be made by: Credit cards (Visa, Mastercard, Discover, American Express), Debit cards (visa debit, mastercard debit), PayPal, Bank transfer.
ART. 8 - DELIVERY
1. Sarah Borghi ships throughout Italy and the European Union, with the following exceptions:
- State of Vatican City
- Republic of San Marino
- Austrian territories of Jungholz and Mittelberg
- Principality of Monaco
- French Overseas Departments
- Isle of Man (United Kingdom )
- Canary Island (Spain)
- Faroe Islands ( Denmark)
- Groenland
- Island of Heligoland (Germany)
- Territory of Büsingen (Germany)
- Ceuta and Melilla (Spain)
- French Overseas Departments and
- Regional authorities of St Pierre-et-Miquelon
- Livigno and Campione d’Italia
- Italian national waters of lake of Lugano
2. Sarah Borghi shall only make deliveries to the user's domicile, provided at the time of purchase.
3. The delivery is made, for the Italian territory, generally within 2-4 working days, or, if no delivery date is specified, within the estimated time at the time of selection of the delivery method and, in any case, within a maximum of thirty days from the date of confirmation.
4. For European Union countries, delivery will be made in 7 working days, and in any event, within the maximum period of thirty days.
5. If delivery is not possible, the order will be sent to the depot. In this case, a notice shall specify the location of the order and the means by which a new delivery can be arranged.
6. If delivery cannot take place for reasons for which we are not responsible after thirty days from the date on which the order is available for delivery, we shall assume that the customer intends to terminate the contract.
7. As a consequence of the termination the amounts will be returned, excluding any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 7 days from the date of termination. The transport resulting from the termination of the contract may have additional costs that will be borne by the purchaser.
8. Shipping costs are borne by the purchaser and are explicitly highlighted when the order is placed.
9. The threshold for obtaining the free shipping threshold in Italy is 39 euros. Outside Italy, the threshold for free shipping is 59 euros. Unless otherwise indicated.
ART. 9 - TRANSFER OF RISK
1. The risks relating to the products shall pass to the Buyer upon delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect of the products, including shipping costs, or upon delivery, in case this occurs at a later date.
ART. 10 - WARRANTY AND COMMERCIAL CONFORMITY
1. The Vendor is liable for any defect in the products offered on the site, including the non-conformity of the articles to the products ordered, in accordance with the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e. any individual acting on the website for purposes unrelated to any entrepreneurial or professional activity carried out, this warranty is valid provided that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was acknowledged by the purchaser; that the online return form is filled in correctly.
3. In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the goods restored to conformity without charge by repair or replacement, or to obtain an appropriate price reduction or to have the contract rescinded in respect of the disputed goods and the price refunded accordingly.
4. All costs of returning defective products will be borne by the seller.
ART. 11 - WITHDRAWAL
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within the term of 14 days pursuant to Article 57 of Legislative Decree 206/2005, starting from the date of receipt of the products.
2. In the case of multiple purchases made by the purchaser with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise his right of withdrawal from the purchase made on Sarah Borghi, may do so by using the return form available for download at the following link: DOWNLOAD FORM
4. The purchaser shall also exercise the right of withdrawal by sending any express declaration containing the decision to withdraw from the contract or 7 alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.
5. The goods shall be returned to:
Gizeta Calze Srl
Sarah Borghi - Servizio resi
Via Francia 14/20
46042 Castel Goffredo (MN)
Italy
6. The goods must be returned undamaged, in their original packaging, complete in all their parts and complete with the attached fiscal documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum of 14 days, including any shipping costs.
7. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the website may suspend the refund until receipt of the goods or until the purchaser has demonstrated that he has returned the goods.
8. The right of withdrawal will not apply in the event that the services and products of Sarah Borghi are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will make the refund using the same means of payment chosen by the buyer at the time of purchase. In the case of payment by bank transfer, and if the purchaser intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.
ART. 12 - DATA PROCESSING
1. The purchaser's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).
ART. 13 - SAFEGUARD CLAUSE
1. Should any of the clauses of these General Conditions of Sale be null and void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions of these General Conditions of Sale.
ART. 14 - CONTACTS
1. Any request for information may be sent by email to the following address [email protected], by telephone to the following address: +39 0376 77421, and by post to the following address:
Gizeta Calze S.r.l.
Sarah Borghi
Via Francia 14
46042 Castel Goffredo (MN)
Italy
ART. 15 - APPLICABLE LAW AND COMPETENT COURT
1. These General Conditions of Sale are governed by and construed in accordance with Italian law, without prejudice to any other overriding mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian courts. In particular, if the purchaser has the status of Consumer, any disputes shall be settled by the court of the place of domicile or residence of the same according to the applicable law.
These conditions have been drawn up on 30/08/2019.3