WEBSITE = https://www.savait.com
WEBSITEOWNER = Savait srl
1. Nature of the data processed and purposes of processing
The present policy is drawn by WEBSITE OWNER, under art. 13 of the Privacy Code in relation to personal data supplied by users when accessing and/or registering or purchasing on the website WEBSITE (“the Website”).
1.bis Data controller
In this document, WEBSITE OWNER will be referred to as (“WEBSITE OWNER"), which is the distinguishing mark under which it carries out the sales activity on the Website.
2. Purposes of processing
WEBSITE OWNER will process the personal data supplied by the users to the following purposes:
(a) to allow registration in the Website and to take advantage of the services reserved to registered users, as well as to buy online and, then, to enable conclusion of the purchase contract and the correct execution of operations connected with it;
(b) for administrative-accounting purposes connected with the registration in the Website and to online purchase, as well as to fulfil legal requirements;
(c) upon express consent of the user, in order to enable WEBSITE OWNER to send information and promotional communications concerning the products offered on sale on the Website, in case they are subject to discounts or special offers, in relation to products and services belonging to WEBSITE OWNER or to third parties, as well as to carry out market researches, also aimed at evaluating the users’ level of satisfaction (customer satisfaction), by e-mail and/or surface mail (the so-called “marketing” purposes).
(d) limited to the e-mail address provided by the user while purchasing a product or a service offered on the Website, to enable the direct sale of similar products or services without the need of the user’s express and preventive consent (as set forth by art. 130, par. 4 of the Privacy Code ) and provided that the user does not exert any right of opposition as described by art. 3 below (the so-called “soft spamming ”).
(e) upon express consent of the user, for the processing of the business profile, to be carried out by WEBSITE OWNER through (i) the analysis of the information concerning the user, interests and/or family composition, optionally conferred by the user to WEBSITE OWNER or upon registration in the Website, that is by means of other initiatives and (ii) the recording of frequency and typology of online purchases, on the Website in order to publish personalized offers on the Website, belonging to WEBSITE OWNER or to third parties, as well as, in case the user has already expressed his consent to the processing of personal data for marketing purposes, also in order to send out information/advertising material by WEBSITE OWNER which is of specific interest for the user, by e-mail and/or by surface mail (the so-called “profiling” purposes).
Moreover, it is hereby specified as follows:
Data concerning the credit card
To make a credit card payment on the Website, user shall enter the confidential data of the credit card (number of the credit card, holder name, expiry date, safety codes). Such data will be acquired by the supplier of the payment service which will act as an autonomous data controller, without going through WEBSITE OWNER server, which will not process the data in any way. The data will be acquired in an encrypted format and in accordance with the safety requirements provided for by the PCI certification. The user will be entitled to ask, through the Website, the saving of these data but they will be directly saved by the supplier of the payment service and they will not be acquired by WEBSITE OWNER which will keep track of the last four digits composing the number of the credit card only and exclusively to prevent eventual frauds on online payments. The supplier of the payment service relies on the SSL (Secure Sockets Layer) Protocol.
The users’ sensitive or judiciary data are not subject to processing by WEBSITE OWNER.
IP addresses and Log Files
WEBSITE OWNER will store, in the terms of law, the log files and the IP addresses used upon the online purchase, in order to prevent and ascertain eventual frauds on online transactions.
GENERAL SALES CONDITIONS
Valid from 01/01/2016.The following General sales conditions regulate the offer and the sale of products on this website www.savait.com (alternatively named “Website").
The products and/or the services purchased on the Website are offered and sold by the Commercial Partners of WEBSITE OWNER.The Website is owned by WEBSITE OWNER, which is also the Data Controller of the Website domain name.
You can request any information and/or send communications and/or file complaints regarding sales, purchase orders, products, payments and shipments, by contacting WEBSITE OWNER Customer Service ("Customer Service "), according to the indications under art. 16.
1. FIELD OF APPLICATION
1.1 The sale of products through the Website (“Products”) represents a distance contract regulated by Chapter 1, Title III (art. 45 and ff.) of the Legislative Decree 6 September 2005, no. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, no. 70, which includes the rules of e-commerce.
1.2 The present General sales conditions apply to all the sales carried out by WEBSITE OWNER on the Website.
1.3 The General sales conditions can be modified at any moment. Eventual changes and/or new conditions will be valid from their publication in the section "Conditions of Sale" of the Website. For this reason, users are invited to gain access regularly to the Website and to read, before making any purchase, the most updated version of the General sales conditions. The General sales conditions applicable are those in force as of the date of sending the purchase order.
The user shall read carefully the present General sales conditions, expressly published by WEBSITE OWNER in the section “Conditions of Sale” of the Website, which can be stored and reproduced, as well as all the other pieces of information supplied by WEBSITE OWNER on the Website, both before and during the purchase procedure.
1.4 The present General sales conditions only apply to the Italian territory. They do not regulate the sale of products and/or the provision of services from subjects different from WEBSITE OWNER present on the Website through links, banners or other hyperlinks. Before starting commercial transactions with such subjects, it is necessary to verify their Conditions of Sale. WEBSITE OWNER is not responsible for the provision of services and/or the sale of products from these subjects. The websites visited through such links are not controlled nor monitored by WEBSITE OWNER. Therefore, WEBSITE OWNER is not responsible for the content of these websites nor for eventual errors and/or omissions and/or breaches of law by these websites.
2. PURCHASES ON THE WEBSITE
2.1 The access to sales via the Website is exclusively reserved to users who are aged at least 18 and who are registered in the Website, with an account at WEBSITE OWNER.
2.2 The access to the offers on the Website is allowed to both users and consumers, as defined by art. 3, par. 1, lett. a) of the Consumer Code, meaning those individuals who, in relation to the Products purchase, act for purposes different from the commercial, artisanal, entrepreneurial or professional activity eventually carried out, both to users who are not consumers under this definition.
2.3 Resellers or wholesalers or, in general, all those subjects who intend to buy the Products in order to resell them, are not allowed to make purchases on the Website. Therefore, these subjects cannot register in the Website and make purchases on the Website.
2.4 Savait reserves the right to reject or cancel orders which come from (i) a user with whom a legal dispute is open; (ii) from a user who has previously infringed the present General sales conditions and/or the conditions and/or the terms of a purchase contract with Savait; (iii) from a user involved in frauds of any type and, in particular, in frauds concerning payments by credit card; (iv) from users who have supplied false, incomplete or inexact identification data or who have not sent to Savait the documents required within the scope of the procedure under art. 9.3 below in due time, or who have sent invalid documents; (v) from users who do not provide sufficient guarantees of solvency.
3. REGISTRATION IN THE WEBSITE
3.1 The registration in the Website is free of charge. In order to register in the Website, the user shall fill in the registration form, entering name, surname, and e-mail address. Registration will be confirmed by sending an e-mail to the user who will have to click on the link included in the message received, entering the password which will be provided in the same e-mail to complete the registration procedure.
3.2 The registration credentials shall be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them confidential and to make sure that nobody can have access to them, as well as to inform WEBSITE OWNER immediately as indicated under art. 16, in case of suspected misuse and/or disclosure of them. The user ensures that the personal information supplied during the procedure of registration in the Website are complete and true. Each user is allowed to register in the Website once only. The user is not allowed to make multiple registrations. Should WEBSITE OWNER discover that the same user has made several registrations in the Website, it would reserve the right to proceed, immediately and without any requirement of advance notice, to block the relative account. The user accepts to indemnify WEBSITE OWNER from any damage, obligation of compensation and/or penalty deriving from and/or in whatever way connected with the violation of the rules of registration in the Website by the user or regarding the storage of the registration credentials.
4. INFORMATION AIMED AT THE CONCLUSION OF THE CONTRACT
4.1 In compliance with the Legislative Decree 9 April 2003, no. 70 which contains provisions related to e-commerce, WEBSITE OWNER hereby informs the user as follows:
- to conclude the purchase contract of one or more Products on the Website, the user shall fill in an order form in electronic format and forward it to WEBSITE OWNER, by electronic means, following the instructions displayed from time to time on the Website and which will accompany the different stages of purchase;
- the contract is concluded when the order form reaches WEBSITE OWNER server;
- before transmitting the order form, the user may identify and correct eventual errors of data entry by following the instructions from time to time reported on the Website and which will accompany the different stages of purchase;
- once the order form has been registered and the confirmation of authorization to payment of the total amount due has been received, WEBSITE OWNER will send the user, by e-mail to the e-mail address supplied, the order confirmation, including a summary of the General sales conditions and of the special conditions applicable to the contract, the information relating to the characteristics of the Product purchased, the detailed information about the price, the payment method used, the information about the right of withdrawal, the shipping costs and eventual other additional costs and the contacts of the Customer Service, to which the user can address to ask for assistance and/or to file complaints. It is recommended to keep the e-mail received as a proof of purchase. The General sales conditions applicable to the order, as well as the typical instructions about withdrawal and the model form for withdrawal under art. 10 will be attached to the shipping confirmation e-mail under art. 8.4 below;
- the order form will be stored in WEBSITE OWNER database for the time necessary to process the order and, however, in accordance with the law.
4.2 The language available for users to conclude a contract is Italian and English. The staff of the Customer Service can speak these languages with users.
5.1 All the prices of the Products are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT") and, where applicable, of the WEEE contribution. The shipping costs and any other eventual additional cost, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form, before the user transmit it, as well as in the order confirmation e-mail.
5.2 The price of the Products can be modified by WEBSITE OWNER at any moment, without any advance notice, without prejudice to the fact that the price which the user will be charged with will be the one published on the information sheet which shows the main characteristics of the Product (“Product sheet”) when the order is sent. Eventual variations (either increasing or decreasing) of price following the order transmission will not be considered.
6. PURCHASE ORDERS - PRODUCTS INFORMATION
6.1 WEBSITE OWNER will process the purchase order, and then will dispatch the Product purchased, only after having received the confirmation of the authorization to payment of the total amount due, consisting of the purchase price, delivery costs, if applied, and any other eventual additional cost, as indicated in the order form (“Total Amount Due”). In the event the Total Amount Due is not paid or the completion of the payment is not confirmed, the purchase contract will be considered as terminated de iure pursuant to and in accordance with art. 1456 Italian Civil Code. The user will be informed about such termination and following cancellation of the order immediately after the order transmittal, through the Website.
6.2 Products will remain of property of WEBSITE OWNER partners until the payment of the Total Amount Due has been made by the user. While the risk of loss or damage of the Products, for reasons not attributable to WEBSITE OWNER, will be transferred to the user when the user, or a third party appointed by him/her and different from the carrier, will take material possession of the Products.
6.3 The Products offered on the Website are items (for examples: garments, shoes, accessories – for instance, costume jewelry, watches, glasses, small leather goods, etc.) on the Website at the moment of the order placing by the user.
6.4 Each Product is accompanied by a Product sheet. The images and the descriptions on the Website reproduce as accurately as possible the characteristics of the Products. The colours of the Products, however, could differ from the real ones by effect of the computer systems settings or the computers employed by users to view them. Furthermore, the images of the Product included in the Product sheet may differ in size or in connection with other accessory products. Such images shall be considered as indicative and allowing the usual tolerance values. Within the scopes of the purchase contract, the description of the Product included in the order form sent by the user shall apply.
7. PRODUCTS AVAILABILITY
7.1 The products proposed on the Website are available in limited quantities. Consequently, it may happen, also due to the possibility that different users purchase the same Product at the same time, that the Product ordered is no more available following the transmission of the purchase order. The selection available on WEBSITE OWNER website reflects the exact availability of each item by size and colour. In fact, the website is connected with all the stores and all the warehouses of WEBSITE OWNER partners. As an authorized reseller of all the brands present on the website, WEBSITE OWNER guarantees the authenticity of each item. Once the order request has been received, WEBSITE OWNER Orders division reserves the right to reconfirm the availability of the items purchased, the validity of the transaction by credit card and to ascertain the details of the previous transactions carried out by the Customer on WEBSITE OWNER website.
7.2 In case of unavailability of the Product ordered, without prejudice to the rights granted to the user by the law, and, in particular, by Chapter XIV of Title II of the Book IV of the Italian Civil Code, the user will be immediately informed by e-mail. The user will be then authorized to terminate the contract immediately, without prejudice to the right of compensation for damage, pursuant to and in accordance with provisions by art. 61, IV and V par. of the Consumer Code. If the user exercises the right of termination under art. 61, IV and V par. of the Consumer Code, or in any case in which the payment of the Total Amount Due has already been made, WEBSITE OWNER, without prejudice to the user’s righ to compensation for damage, will refund the amount without undue delay and however no later than 15 working days from the order transmission. The amount of the refund will be communicated to the user via e-mail. Such amount will be credited on the same payment mean provided by user for purchase. Eventual delays in the credit may depend on the bank institute, on the type of credit card or on the payment method used. In any case, the value date will be the same of debit. Moreover, in case of unavailability of the Product ordered, WEBSITE OWNER will provide the user with a 10% discount applicable to the following purchase to be made on WEBSITE OWNER website.
7.3 In case of orders of several Products (“Multiple Order”), if unavailability only concerns some of the Products object of the Multiple Order – without prejudice to the rights attributed to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of art. 7.2 above, if unavailability concerns all the Products object of the order – WEBSITE OWNER will immediately inform the user by e-mail. Then, the user will be authorized to immediately terminate the contract, limited to the Product/s which has/have become unavailable, without prejudice to the right of compensation for damage, pursuant to and in accordance with the provisions of art. 61, IV and V par. of the Consumer Code. If the user does not exercise the right of termination under art. 61, IV and V par. of the Consumer Code, in relation to the Product/s which has/have become unavailable that is in case the payment of the Total Amount Due has already been made, WEBSITE OWNER, without prejudice to the user’s right to compensation for damage, will refund the amount due relative to the Product/s no later than 15 working days from the order transmission. The amount of the refund will be communicated to the user via e-mail. This amount will be credited on the same payment mean provided by the user for purchase. Eventual delays in the credit may depend on the bank institute, on the type of credit card or on the payment method used. In any case, the value date will be the same of debit. The cancellation of the whole Multiple Order will be possible only in case of evident and proven collateral nature of the Products object of the Multiple Order which are unavailable compared to other Products object of the Multiple Order which are available.
8. DELIVERY OF THE PRODUCTS PURCHASED
8.1 It is necessary to pay for delivery. Shipping costs and Import Duties (if provided) will be at the user’s charge, except differently indicated during the purchase procedure and/or in other sections of the Website. The amount of the shipping costs due by the user in relation to a specific order, is expressly and separately indicated (in Euro and inclusive of VAT for Europea Customers and VAT free for Exra CEE Customers) during the purchase procedure, in the summary of the order and, in any case, before proceeding with the order transmission. The indication of these costs will also be displayed in the section "Profile - My orders" of the Website and in the order confirmation. For delivery in some areas, an extra cost may be charged. This cost will be specified during the procedure of purchase and, however, before the procedure is completed, and in the order summary. The delivery terms will be specified during the procedure of purchase and in the order summary, and in any case before the user sends the order. They will also be indicated in the order confirmation and in the section "Profile - My orders" of the Website. The delivery terms and costs are calculated considering, beside the area of delivery, also the delivery method selected by the user. If no indication about a specific delivery term is given, it will be carried out however within thirty days from the date of the contract conclusion.
8.2 The obligation of delivery is fulfilled by means of material availability transfer or however the control of Products by user. The user has to verify the conditions of the Product he/she has received/collected. It being understood that the risk of loss or damage of the Products, for a cause not attributable to WEBSITE OWNER is transferred to the user when the user, or a third party designed by the user and different from the courier, takes material possession of the Product, it is recommended to the user to verify the number of Products received and that the packaging is intact, not damaged, nor wet or however altered, as well as for sealing materials and he/she is asked, in his/her interest, to indicated on the transport document of the courier, eventual defects, accepting the parcel subject to checking. In fact, the acceptance of Products without this clause does not allow the user to enforce is/her right in the courts against the courier, in case of loss or damage of the Products, except the case in which loss or damage are due to a willful misconduct or gross negligence of the courier and except for partial loss or damage not detectable upon delivery, provided that in this case, the damage is reported as it is detected and no later than eight days after receipt. In case the packaging shows evident signs of tampering or alteration, the user is recommended to promptly inform the Customer Service. However, the application of the laws on the right of withdrawal and legal guarantee of conformity is always valid.
8.3 The Products purchased on the Website will be sent and delivered to the address indicated by the user while placing the order. Home delivery will be made, except different indication, by means of TNT courier from Monday to Friday, during the normal office hours (from 9:00 am to 6:00 om), excluded Public holidays. WEBSITE OWNER reserves the right to use other couriers, without prejudice to the respect of the delivery methods selected by the user and of the delivery terms indicated. Shipments in Italy, San Marino and Vatican City are carried out by means of UPS or TNT courier and are free of charge for orders exceeding 150 €, while shipments outside the aforesaid territories are made by means of UPS or DHL courier. Eventual custom duties and import taxes are always at the Customer charge, as they cannot be predicted and they vary according to the destination.
8.4 Upon delivery of the Products to the courier, the user will receive an e-mail, which confirms shipping and which will report the tracking number which allows the user to check the delivery status. This e-mail will also include the information concerning the delivery procedure, instructions to collect the goods in case of failure to deliver due to absence of the recipient and the consequences of failure to collect within the terms indicated.
8.5 The user takes note that the collection of the Product is a precise obligation established by the purchase contract. In case of failure to deliver due to absence of the recipient at the Address specified in the order form, the courier will leave a card to certify the attempt to deliver (the so-called delivery notice). The card will indicate the telephone number that the user shall contact to ask the courier for a second attempt to deliver. After two attempts to deliver with negative result, the parcel will be put under "undelivered goods" status. As soon as the parcel is put under "undelivered goods" status, the Customer Service will contact the user in order to unblock the “undelivered goods” status and have the parcel delivered as soon as possible. If necessary, the Customer Service may agree with the user to change the delivery address. If also the attempt to deliver fails further to the contact with the Customer Service or in case the user does not reply to the attempt to contact of the Customer Service, the parcel will be shipped back to Savait and the user will be informed of this event by e-mail. The user also takes notice that, after thirty (30) days from when the parcel is returned to WEBSITE OWNER, the contract may be considered as terminated and the purchase order cancelled under art. 1456 of the Italian Civil Code. After the contract has been terminated, WEBSITE OWNER will refund the total Amount Due, if already paid by the user, deducted the costs for the failed delivery of the Product, as well as the costs for returning the parcel to WEBSITE OWNER and any other eventual costs incurred by WEBSITE OWNER due to the failure to deliver caused by the absence of the recipient. The termination of the contract and the amount of the refund will be indicated to the user b ye-mail. The amount of the refund will be credited on the payment method provided by the user for the purchase. Eventual delays in the credit may depend on the bank institute, on the type of credit card or on the payment method used. However, the value date will be the same of debit.
If, before the course of thirty days mentioned above, the user asks to receive again the Product purchased, WEBSITE OWNER will set up a new delivery, debiting the delivery costs, the costs for returning the Product to WEBSITE OWNER and the custodial fees.
8.6 If the Product purchased is not delivered or its delivery is delayed compared to delivery terms indicated during the purchase procedure and the order confirmation, the user, under art. 61 of the Consumer Code, invites WEBSITE OWNER to deliver within an extra deadline which is adequate to circumstances (“Extra Deadline under art. 61, III par., Consumer Code”). Failing that, the user is authorized to terminate the contract (“Termination of the Contract under art. 61, III par., Consumer Code”), without prejudice to the right of compensation for damage. The user will not grant WEBSITE OWNER an Extra Deadline ex art. 61, III par., Consumer Code (“Excluded Cases”) if:
a) Savait has expressly refused to deliver the Products;
b) the compliance with the delivery deadline indicated during the purchase procedure and in the order confirmation is considered essential, considering all the circumstances which have accompanied the contract conclusion;
c) the user has informed WEBSITE OWNER, before the contract conclusion, that delivery by or on a specific date is essential.
As to Excluded Cases, if the user does not receive the Products within the delivery deadline indicated during the purchase procedure and in the order confirmation, he/she is authorized to immediately terminate the contract, without prejudice to the right of compensation for damage (“Termination of the Contract in the Excluded Cases”).
The indication of the Extra Deadline under art. 61, III, Consumer Code and the notification of Termination of the Contract under art. 61, III par., Consumer Code or Termination of the Contract in the Excluded Cases shall be notified by the user to Savait at the addresses under art. 16 below.
In case of Termination of the Contract under art. 61, III par., Consumer Code or Termination in the Excluded Cases, WEBSITE OWNER will also refund the user with the Total Amount Due without undue delay.
8.7 In all the cases specified under art. 8.6 above which provides for a refund in favor of the user, the amount of the refund will be communicated to the user by e-mail. Such amount will be credited on the same payment mean provided by user for purchase. Eventual delays may depend on the bank institute, on the type of credit card or on the payment method used. In any case, the value date will be the same of debit.
ESTIMATED DELIVERY TIMES FROM THE DATE OF SHIPMENT:
USA and Canada: 2-4 days
Europe destinations: 1-3 days for major destinations / 2 - 4 days for faraway destinations
Latin America: 3 - 4 days
Asia and Middle East: 2 - 4 days
Australia and Oceania: 2 - 4 days for major destinations/ 4 - 5 days for faraway destinations
Africa: 2 - 4 days
Savait is not responsible for eventual delays due to custom operations and controls, or to force majeure which is out of the control of Savait.
9. PAYMENT METHODS AND PROMOTIONAL CODES
9.1 The payment of the Products can be made by credit card or via PayPal, or via the MasterPass service. In the event one of these payment methods/solutions could not be used in relation to a specific Product, this will be clearly indicated on the Website, however no later than the start of the procedure of purchase. Upon purchase, Customers fill in the details of their credit card into a protected electronic bank system, supplied by Gruppo Veneto Banca and Banca Sella. It is possible to make purchases via Visa, Mastercard, American Express, and JCB.
9.2 The commercial invoice will be automatically issued at each purchase. On the occasion of the first purchase, the user will be asked to provide the data for issuing the invoice, including the tax code. These data may be changed subsequently. To the purposes of the invoice issue, the information provided by the user shall apply. The user declares and guarantees that they correspond to the truth, and he/she undertakes to indemnify and hold harmless WEBSITE OWNER against all claims, including sanctions imposed by the competent authorities, which it may incur as a result of the information being incorrect.
9.3 In order to ensure the safety of payments made on the Website and to prevent eventual frauds, WEBSITE OWNER reserves the right to ask the user, by e-mail, to send by e-mail a front and rear copy of his/her identity card and, in case the person who has placed the order does not correspond to the identity card holder, his/her identity card. The document must be valid. The e-mail of request will provide specifications regarding the date by which the document must be sent to WEBSITE OWNER. Such deadline will not exceed 5 working days from the receipt of the request by the user. Awaiting for the document requested, the order will be suspended. The user must send the documents within the deadline indicated.
9.4 If WEBSITE OWNER does not receive these documents within the deadline specified in the e-mail of request or if it receives expired or invalid documents, the contract will be considered legally terminated pursuant to and in accordance with under art. 1456 of the Italian Civil Code and then the order will be cancelled, without prejudice to the right of WEBSITE OWNER to the refund of eventual damages it may have incurred with due to the non-compliant behaviour of user. The termination of the contract, which will be notified to the user by e-mail, within 5 working days from the deadline expiry for sending the documents requested by WEBSITE OWNER, will imply the order cancellation, with a subsequent refund of the Total Amount Due, following the methods and terms under art. 7.2 above.
9.5 If WEBSITE OWNER receives the valid documentation within the terms indicated in the e-mail under art. 9.3 above, the delivery terms will be effective from the date of its receipt.
9.6 By choosing the payment via Paypal, the Customer can directly pay though his/her Paypal account. WEBSITE OWNER reserves the right to deliver the goods only to the address indicated on the account verified by Paypal. We wish to remind our new customers that WEBSITE OWNER may ask the Bank or Paypal to verify the transaction, also by contacting the counterparty bank. This verification may imply a delay in the shipping of the order.
9.7 Customers who register to WEBSITE OWNER newsletter will receive updates regarding promotions and/or promotional codes that can be entered in the cart during the purchase procedure. Each code has a date of start and end of validity and this limit of time cannot be prolonged in any way. Promotional codes can be used together with coupons and vouchers issued in case of open credits.
10. RIGHT OF WITHDRAWAL
10.1 The user in his/her quality of consumer has the right to withdraw from the contract concluded with WEBSITE OWNER, without being obliged to specify the reason, within fourteen (14) calendar days (“Period of Withdrawal”). The Period of Withdrawal expires after 14 days:
a) in case of order of one Product only, from the day on which the user or a third party, different from the courier and authorized by the user, acquires physical possession of the Product;
b) in case of Multiple Order with separate deliveries, from the day on which the user or a third party, different from the courier and authorized by the user, acquires the physical possession of the last Product; or
c) in case of an order referred to the delivery of a Product consisting of lots or multiple pieces, from the day on which the user or a third party, different from the courier and authorized by the user, acquires the physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal related to an Order, the user shall inform WEBSITE OWNER about the decision of withdrawal, before the expiry of the Period of Withdrawal. To this purpose, the Customer shall contact the WEBSITE OWNER by e-mail indicated the number of the order that he wants. After the procedure is completed, WEBSITE OWNER will send a confirmation by e-mail, which includes the Return Return Label and the instructions to be followed to send the goods back.
10.3 The user has exercised the right of withdrawal within the Period of Withdrawal, if the communication regarding the exercise of the right of withdrawal has been sent by the consumer by e-mail before the expiry of the Period of Withdrawal.
10.4 The user, after having exercised the right of withdrawal according to the methods indicated under art. 10.2 and 10.3 above, shall return the Product to WEBSITE OWNER - in any case, within 14 calendar days from the date on which the decision of withdrawal has been notified to WEBSITE OWNER – by using the courier indicated in the e-mail sent by WEBSITE OWNER. The number of the order object of the return should be indicated in the bill of lading, which is to be filled in as indicated in the authorization e-mail sent by WEBSITE OWNER Returns division. (The Courier will deliver a bill of lading upon collection of the parcel). The costs for the return shipping and eventually Import Duties (if provided)will always be at the Customer’s charge unless specifically stated during promotional periods of free returns. The Product return to a WEBSITE OWNER is made under the user responsibility.
10.5 If the user withdraws from the contract, WEBSITE OWNER will refund the amount paid by the user for the Product – deducted the shipping costs incurred for the return of the Product and any other Import Duties (if provided), except in the case of free returns during promotional periods - without undue delay and however no later than 14 calendar days from the day on which the Product will reach WEBSITE OWNER warehouse and the pieces will be checked. The refund will be made by using the same payment method used by the user for the first transaction, unless otherwise agreed with the user; in any case, the user will not incur in any cost because of such refund.
The security seal applied on the items being returned must not be cut nor broken. The garments must not be worn, washed or altered and must not show any sign of use. The soles of shoes must be in perfect conditions and must not show any type of sign. Each piece must be returned complete in all its original labels, packaging and accessories (dustbags, hangers, garment covers etc.) received together with the order. All the shoes and accessories must be returned in their original box, which is considered for all intents and purposes an integral part of the product and it must never be damaged and/or altered, nor used as the only external packaging. Returns shall be dispatched inside WEBSITE OWNER’s box.
10.6 Savait reserves the right to ask for photographical proofs before authorizing a return for defective goods and to take charge of the shipping costs to receive the goods back. Swimwear and underwear (Bikinis, slips, boxers etc.) shall be tried over one’s own personal underwear. Returns for these items will be rejected and returned to the Customer if the transparent label of hygienic protection is removed, or if the pieces show signs of usage.
10.7 The user is solely responsible for the decrease in value of the goods resulting from a handling of the Product different from the one necessary to establish nature, characteristics and operation of the Product. However, the Product shall be kept, handled and inspected with the normal diligence and returned intact, complete in all its parts, perfectly operating, equipped with all its accessories and leaflets, with its identification tags, labels and the single-use seal, if present, still attached to the Product and intact and not tampered, perfectly suitable for its use and without any sign of wear or dirt. Moreover, withdrawal is applied to the Product in its entirety. Therefore, it cannot be exercised in relation to parts and/or accessories (which do not constitute autonomous Products) of the Product.
10.8 In case withdrawal is not exercised in compliance with the provisions of the applicable law, it will not imply the termination of the contract and, therefore, it will not grant any refund. WEBSITE OWNER will notify the user within 5 working days from the receipt of the Product, refusing the request for withdrawal. If the Product has already been received by WEBSITE OWNER, it will remain at WEBSITE OWNER’s premises, available to be collected by the user at his/her charge and liability.
10.9 If the Product in which the withdrawal has been exercised is subject to a decrease in value resulting from a handling different from the one necessary to establish nature, characteristics and operation of the Product, the amount of the refund will be reduced by the amount corresponding to such decrease in value. The user will be notified by WEBSITE OWNER of the circumstance and consequent amount of refund within 5 working days from the receipt of the Product, providing the bank details for the payment of the amount due to the user as a result of the decrease in value of the Product, if the refund has already been paid.
10.10 If, in the cases provided for by the law, the right of withdrawal is not applicable, such exclusion will be expressly notified in the Product Sheet and, however during the purchase procedure, before the user transmits the order. The user is hereby reminded, pursuant to art. 59 of the Consumer Code, that the right of withdrawal is excluded, among other things, in the event that the sale concerns:
(i) products made-to-measure or however clearly customized;
(ii) products which risk to deteriorate or which expire quickly.
11. LEGAL GURANTEE OF CONFORMITY
All the Products sold on the Website are covered by the Legal guarantee of conformity pursuant to art. 128-135 of the Consumer Code ("Legal Guarantee").
TO WHOM IT IS APPLIED
The Legal Guarantee is reserved to consumers. Therefore, it is applicable only to users who have made a purchase on the Website for purposes different from the entrepreneurial, commercial, artisanal or professional activity eventually carried out. To those who have made a purchase on the Website and who are not consumers, the guarantees against defects of the object sold will be applied, the guarantee for defect of promised and essential qualities and other guarantees provided for by the Italian Civil Code with the relative terms, expiries and limitations.
WHEN IT IS APPLIED
The seller (and, hence, WEBSITE OWNER, as far as purchases made on the Website are concerned) is responsible towards the consumer for any defect existing upon delivery of Product and which may arise within two years from delivery. The defect shall be notified to the seller, under penalty of expiration of guarantee, within two months from the date on which it has been detected.
Until proven otherwise, it is presumed that the defects which appear within six months from delivery of Product already existed upon delivery, unless this hypothesis is inconsistent with the nature of the Product or with the nature of the defect. After seven months from the delivery of the Product, the consumer will have to prove that the defect already existed on the date of its delivery.
In order to benefit from the Legal Guarantee, the user shall then prove the date of purchase and delivery of the goods. It is necessary that the user, within the scope of such proof, keeps the invoice of purchase, sent by WEBSITE OWNER, or any other document which may certify the date on which the purchase has been made (for example, the bank statement of the credit card) and the date of delivery.
WHAT IS THE DEFECT
A defect occurs when the item purchased:
- is not suitable for the purposes for which goods of the same type are normally used;
- is not compliant with the description provided by the seller and it does not have the features of the item which the seller has presented to the consumer as sample or model;
- does not have the features and performances which are normal in items of the same type, and which can be reasonably expected by consumer, also considering the declarations included in the advertising or in the labels;
- is not suitable for the particular purposes desired by the consumer which has been notified to the seller upon the contract conclusion and which have been accepted by the seller.
Eventual failures and malfunctions or other types of defects determined by accidental events or by user responsibility or by a use of the Product which is not compliant with its intended use and/or to provisions of the documentations attached to the Product, if existent, or in the instructions of use of the Product, are excluded from the field of application of the Legal Guarantee .
SOLUTIONS AVAILABLE FOR THE USER
In case of defect notified in due time, the user has the right:
- primarily, to the free repair or replacement of the item, at his/her choice, unless the solution required is objectively impossible or excessively onerous compared to the other one and then, in the specific case, considering the type of sale, to its replacement, if possible in relation to the number of pieces still available for sale;
- secondly (that is, in the event that repair or replacement are impossible or excessively onerous or repair or replacement are not carried out within adequate terms or repair or replacement previously made have caused remarkable problems to the consumer) to the price reduction or to the termination of the contract, at his/her choice.
The solution required is excessively onerous if it involves unreasonable fees for the seller compared to alternative solutions which may be attempted, considering (i) the value of the item without the defect; (ii) the importance of the defect; (iii) the possibility that the Alternative solution may be attempted without causing remarkable problems to the consumer.
HOW TO BEHAVE WHEN A DEFECT OCCURS
If a Product purchased on the Website, during the validity of the Legal Guarantee, presents a possible defect, the user shall contact the Customer Service, to the addresses and with the methods indicated under art. 16. WEBSITE OWNER will promptly send a feedback to the communication of presumed defect and will inform the user about the specific procedure to follow, also to establish the methods of delivery of the goods, also considering the type of Product and/or the type of defect reported.
REFUND OR REDUCTION RESULTING FROM THE APPLICATION OF LEGAL GUARANTEE
In case of termination of the contract, WEBSITE OWNER will return the total amount paid to the user, consisting of the purchase price of the Product, the shipping costs and any other eventual additional cost. In case of reduction of the price, WEBSITE OWNER will return the amount of the reduction, previously agreed with the user. As an alternative, the user may choose to receive a purchase voucher, valid on the Website, of a value corresponding to the amount of the refund or, respectively, of the reduction he/she is entitled to.
The amount of the refund or of the reduction will be communicated to the user by e-mail and credited on the payment method used by the user for the purchase. If the user has chosen the purchase voucher, instead of refund or of reduction, the purchase voucher will be credited to the user in his/her account and it may be viewed by gaining access to the section "Profile" of the Website.
WEBSITE OWNER is not responsible for damages, of any kind, deriving from a usage of the Product which is inadequate and/or not compliant with the instructions provided by the manufacturer as well as in case of damages resulting from chance circumstance or force majeure.
12. MANUFACTURER´S GUARANTEE
The Products sold on the Website may, according to their nature, be protected by a guarantee issued by the manufacturer ("Manufacturer’s guarantee"). The user may enforce this guarantee only towards the manufacturer. The duration, the extension, even territorial, the conditions and the methods of application, the types of damages/defects covered by it and the eventual limitations to Manufacturer’s guarantee depend on each single manufacturer and they are indicated in the so-called certificate of guarantee included in the packaging of the Product.
The Manufacturer’s guarantee is voluntary and it does not replace, limit and affect nor exclude the Legal Guarantee.
14. PRIZE COMPETITIONS AND CONTESTS
Savait may organize prize competitions and contests reserved to the Website users. The regulation of each contest and/or prize competition will be available in the special section of the Website.
If the prizes consist of discount vouchers or equivalent items, they may not be converted into money in any way.
15. Exhaustiveness; Applicable law and competent court; Out-of-court settlement of disputes- Alternative Dispute Resolution/Online Dispute Resolution
15.1 The present General sales conditions together with the information provided under art. 49 of the Consumer Code, before the user is under the obligation of the contract, represent the integral character of the agreements between Savait and the users of the Website with reference to the contracts concluded through the Website.
15.2 The contracts concluded between the users of the Website and WEBSITE OWNER are regulated by the Italian law. Exception is made for the users consumers who don’t have their habitual residence in Italy for the provisions eventually more favourable and mandatory provided for by the law of the Country in which they have their habitual residence, in particular with reference to the term for the exercise of the right of withdrawal, the term for the return of the Products, in case of exercise of this right, the methods and communication official documents and the legal guarantee of conformity.
15.3 It is hereby reminded that in the case of a user consumer, for any dispute related to the application, enforcement and interpretation of the present General sales conditions, the competent court will be the one of the place where the user resides or he/she is domiciled.
15.4 Under art. 141-sexies, par. 3 of the Legislative Decree 6 September 2005, n.206 (Consumer Code), WEBSITE OWNER informs the user in his/her quality of consumer under art. 3, par. 1, lett. a) of the Consumer Code, that, in case a claim has been filed directly with WEBSITE OWNER, following which it has not been possible to settle the dispute, WEBSITE OWNER will provide the information related to the bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes in relation to obligations deriving from a contract concluded according to the present General sales conditions (the so-called ADR bodies, as indicated under art. 141-bis and ff. of the Consumer Code), specifying if he/she intends to address or not to these bodies to settle the dispute.
Moreover, WEBSITE OWNER informs the user in his/her quality of consumer under art. 3, par. 1, lett a) of the Consumer Code that an European platform for online resolution of consumers disputes has been launched (the so-called ODR platform). The ODR platform can be viewed by clicking on http://ec.europa.eu/consumers/odr/; through the ODR platform the user consumer may consult the list of the ADR bodies, find the link to their website and start a procedure of online resolution of dispute in which he/she is involved.
However, exception is made for the right of the user to resort to the ordinary judge in charge of the dispute deriving from the present General sales conditions, irrespective of the result of the procedure of out-of-court settlement of disputes related to Consumer Relationships by applying the procedures under Part V, Title II-bis of the Consumer Code.
15.5 For any dispute related to application, execution and interpretation of the present General sales conditions, the user who resides in a Member State of the European Union which is not Italy can also gain access to the European procedure set up for minor disputes, from Regulation (EC) n. 861/2007 of the Council, dated 11 July 2007, provided that the value of the dispute does not exceed Euro 2.000,00, excluding interests, rights and costs. The text of the regulation can be read on the website www.eur-lex.europa.eu.
16. CUSTOMER SERVICE AND CLAIMS
16.1 It is possible to ask for information, to send requests, ask for assistance and file claims by contacting the Customer Service with the following means:
- by filling in and sending the form available in the section “Customer Service – Contact us ” of the Website;
By e-mail to email@example.com
By whatsapp to the phone number: +39 3285731047
By phone, number: +39 0732041190
16.2 WEBSITE OWNER will reply to the claims filed within five working days from their receipt.