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TERMS AND CONDITIONS E-COMMERCE SAG SRL

1. Premises

1.1 The following terms and conditions of sale have as their main object the purchase of products made remotely, through the website http://shop.isoleborromee.it (the Website), owned by SAG S.R.L., with registered office in Milan, Via Borromei, 1/A, tax code and number of registration at the Companies Register of Milan, No. 07040700150 (SAG). Every purchase shall be regulated by the provisions of D. Lgs. 206/05.

The information related to the execution of the agreement shall be regulated by the provisions of art. 12 of D. Lgs. 70/03 and, as far as privacy protection is concerned, the provisions of D. Lgs. 196/03 shall be applicable.

1.2 These terms and conditions of sale (the Terms and Conditions of Sale) shall be valid for all the orders and expeditions made through the Website. The Terms and Conditions of Sale may be amended any time by SAG, exception made for the sales already concluded.

1.3 The registration is permitted only to physical person users, overage. Users shall identify the physical persons using the Website for non-commercial activities, nor for business or professional purposes.

2. Registration

2.1 So as to be able to purchase though the Website it is necessary to register there and approve these Terms and Conditions of Sale. The lack of acceptance of the Terms and Conditions of Sale implies the impossibility to finalize purchases on the Website.

2.2 The registration on the Website is free. So as to register, the user has to fill the registration form, by inserting the Registration Credentials (Name, Surname, E-mail address and password). The registration is confirmed by an email sent to the user address.

2.3 The Registration Credentials shall be used only by the user and cannot be ceased to third parties. The user shall with no delay report to SAG in case of suspect illegal use of the said credentials. The Registration Credentials may be amended by the user any time by accessing the Website at the page “Amend Account Information”.

2.4 The user warrants that the Registration Credentials provided during the registration procedure to the Website are complete, correct and true. The user accepts to waive any right towards SAG for indemnity obligations, penalties arising or anyway related to the violation of the rules regarding the registration on the Website by the user. The user is the only responsible for the access to the Website by means of the Registration Credentials and is directly responsible for any damage or prejudice caused to SAG or third parties by an inappropriate use, by the loss, the unauthorized access by others or by failure to protect the privacy of their Registration Credentials. All transactions made through the Registration Credentials are considered done by the user to whom the Registration Credentials refer to.

2.5 Each user may register only once. Multiple registrations shall be erased.

2.6 SAG has the right to refuse, at its sole discretion, the registration of any user. SAG also reserves the right not to accept any order that is abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Portal.

2.7 The user may erase any time his registration on the Website through the page http://shop.isoleborromee.it/en/customer/account/ by clicking on the "Disable account" in the left column.

3. Pre-contractual information

3.1 In accordance with Legislative Decree No. 70 on electronic commerce, SAG informs the user that: :
- order to conclude the purchase agreement of one or more products on the Website, the user must fill an electronic order form and send it to SAG according to the procedure indicated on the Website; before submitting of the order form, the user will be able to identify and correct any errors regarding the data, following the instructions given from time to time on the Website at the various stages of the purchase; :
- once the order form has been registered, it will be stored in the Website database for the time needed to complete the order and, in any case, within the terms of the law. To access the order form the user should consult the "cart" section of the Website where they will find the list of all orders placed.

4. Execution of the agreement and acceptance of the Terms and Conditions of Sale

4.1 The sales contracts of the products on the Website shall be deemed executed with the acceptance, which may be only partial, of the order by SAG. Such acceptance is communicated by e-mail, as indicated in article 6.. By placing an order in the foreseen terms, the user declares that he has read all the information provided to him during the purchase procedure and that he fully accepts these Terms and Conditions of Sale and therefore also the terms of payment hereafter transcribed.

4.2 Before submitting the purchase order, the user is required to read carefully these Terms and Conditions of Sale. Submitting the purchase order implies their full knowledge and acceptance.

4.3 If the user is a Consumer, once completed the on-line purchase procedure, they will print or save an electronic copy and in any case keep these sales conditions in compliance with the provisions of art. 50 and following of the Legislative Decree No. 206/05.

4.4 All rights to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons, property and /or animals, that may be attributed to the non- acceptance, even partial, of an order by SAG, shall be excluded.

5. Definition of the order

5.1 By submitting the online order, the user sends to SAG a proposal of purchasing the product and/or the products included in the so called "cart" which is an accessible tool on the Website, after registration, to all users registered on the Website (the Cart). When the user makes an online order for the products placed in the Cart, they agree to purchase them at the price indicated in the information sheet and under the terms of these Terms and Conditions of Sale. SAG will inform the user by e-mail of the acceptance and confirmation of the order in accordance with article 6.3 below.

5.2 In particular, SAG will not accept orders:
if the material was not available in the warehouse at the moment of the order
and/or
if the user cannot or does not want to pay using one of the payment methods listed in clause 8 below.

6. Purchase modalities

6.1 The user may only purchase the products in the Website's electronic catalogue at the time of the order submission, as described in the relevant information sheets. It is understood that the picture provided by the descriptive sheet of a product may not be perfectly representative of its external features but be of different colour, size, and accessories respect to the picture. All the information regarding the purchase is intended as a simple general information material, not relevant to the actual features of each single product package.

6.2 Before the submission of the purchase order, through the Cart, the unit cost of each chosen product is repeated, as well as the overall cost in case of purchase of more products, and the relative shipping fees (if applicable according to the Website policy).

6.3 The purchase of the product and the correct receipt of the order are confirmed by SAG by means of an e-mail confirming receipt of the purchase order (the Confirmation Message) and providing information on the main features of the good and/or the goods purchased, the detailed price, shipping fees, applicable fees and means of payment, and including a reference to the Terms and Conditions of Sale and information regarding the right of withdrawal, as well as the terms and conditions of its exercise displayed on the Website. The Confirmation Message will retrieve all the data entered by the user who undertakes to verify its correctness and to promptly notify SAG any corrections to be made.

6.4 In the case of failure to accept the order by SAG, the same guarantees prompt communication to the user.

7. Availability

7.1 The products offered on the Website are limited and can be sold at discounted prices. It may then happen that the ordered product is no longer available after the purchase order has been registered. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be cancelled. If payment has already been made, SAG will refund the user within thirty days from the day after the order was sent.

8. Payment modalities

8.1 The user must pay by credit card: credit card debit occurs at the same time as the order is executed. SAG reserves the right to request additional information (eg telephone number) or send copies of documents proving the effectivity of the payment made. In absence of the required documentation, SAG reserves the right not to accept the order. At no time during the purchase procedure, SAG acquires or is able to know the buyer's credit card information transmitted through a secure connection directly to the banking institution that manages the transaction as described in the Website.

9. Prices

All prices of the products indicated on the website or in the catalogues are inclusive of VAT. They do not include any additional and different taxes, duties or fees that are subject to the relevant applicable legislation, such as those foreseen for import. In these cases, the transferee shall clear the import duties and pay taxes and duties due in the country of importation.

Shipping to Italy

The sale through the telematic channel of physical goods to final consumers is taxable for VAT purposes.

Such assignment is exempted from the obligation to issue the invoice, except if such invoice is required by the customer, not later than the time of the transaction (article 22, paragraph 1 of Decree of the President of the Republic No. 633/1972).

Shipping within the EU to assignees not subject to VAT

Transactions carried out by the Italian transferor to non-VAT payers of other Member States are subject to VAT in Italy provided that:

1)  the goods are dispatched or transported by the transferor or on his behalf to the territory of another Member State;

2)  the annual amount of sales in the Member State of destination in the previous year and in the current year does not exceed Euro 100,000, or the minimum amount established in each Member State of destination pursuant to Directive 2006/112 /EC.

Such transfer is, however, taxable in the buyer's state if the volume of sales exceeds the above- mentioned limit, or if the assignor opted for the taxation of destination even below that threshold.

Shipping within EU to assignees not subject to VAT

The transaction is a normal intra-Community transfer, not taxable for VAT purposes in accordance with art. 41 of Law Decree No. 331/1993 and therefore the transferee will pay VAT in their country, issuing and integrating the received invoice according to the reverse charge method.

 

10. Shipping and delivery of the goods

10.1 For each order placed on the Website, SAG shall issue invoice or tax receipt together with the shipped material. For the issuance of the tax document, the information provided by the user on the order shall be considered true. After the tax document is issued, it will not be possible to amend it.

10.2 Except for promotions specified on the Website, the shipping costs indicated on the Website are to be borne by the user and are explicitly stated when ordering. Nothing is due from the user more than the total order including shipping costs.

10.3 The Website provides the estimated times for the order evasion and the delivery of the purchased goods to the user.

10.4 In any case, SAG will not handle the shipping of the ordered goods, which will be carried out by a professional carrier (courier express) according to the indications of the Website and no liability can be charged to SAG in case of delay by the courier or in relation to any other event or circumstance relating to the courier's shipment of the goods.

10.5 Upon delivery of the goods by the courier, the user is required to check that:
- the number of deliveries corresponds to the number indicated in the invoice;
- the packaging is intact, not damaged, neither wet nor otherwise altered, also in the closing materials (adhesive tape or strapping).
Any damage to the packaging and/or the product or the lack of correspondence with the number of packages or indications must be immediately disputed by the courier, by providing a written check reserve (specifying the reason for the reservation, eg "perforated packing", "crushed packing", etc.) on the courier delivery test. Once the user has signed the courier document, they will not be able to object to the external features of the delivery. Any problems with the physical integrity, correspondence or completeness of the products received must be reported within 7 days from the delivery, as provided in this document.

10.6 In the event that the user chooses the counterfoil payment method, such payment must be made exclusively through cash to be delivered directly to the courier at the time of receipt of the goods.

10.7 In the event of non-delivery due to the absence of the consignee, at the address indicated in the order, the courier will leave a warning and will repeat a second time; if the recipient is still missing, the goods will be returned to the sender (SAG).

10.8 The shipping cost is automatically cleared when orders are equal or superior to € 150.

 

11. Right of withdrawal

11.1 According to art. 52 et seq of the Legislative Decree No. 206/05, if the user is a Consumer, they have the right to withdraw from the purchase agreement for any reason, without the need to provide explanations and without any penalty.

11.2 In order to exercise such right, the user shall send a written communication to SAG within 14 (fourteen) days from the date of receipt of the goods by means of the special Withdrawal Form contained in the Website and accessible through the following link.

11.3 Following the exercise of the right of withdrawal as provided by art. 10.2 of these Terms and Conditions of Sale, the user shall return the goods to SAG within 14 (fourteen) days after the date of the notice of withdrawal to SAG. The good shall be returned to SAG with all accessories, instruction manuals and everything originally delivered to the user, as well as packed in its original envelopes. The returned good must be accompanied by a copy of the electronic receipt of the order. The costs for returning the goods to SAG are borne by the user

11.4 In accordance with paragraph 1 of art. 56 of Legislative Decree No. 206/05, SAG will reimburse all payments received by the user without undue delay and in any case within 14 (fourteen) days from the notice of withdrawal. In the event that the goods are returned, SAG will, in accordance with paragraph 3 of art. 56 of the Consumption Code, to re-credit the amount to the user only after the return of the goods and only after verifying the integrity of the goods. Refund will take place in the same way as the user made the payment. In case of bank transfer, the user will be responsible for providing the bank information (IBAN and bank account details), if different from those used for the payment. In case of payment by credit card, the refund will be made on the same card used for the purchase. SAG has no power to influence the recalculation timing that are at the discretion of the relevant bank.

- 11.5 The right of withdrawal is subject to the following conditions:

- the right is applicable to the product purchased in its entirety, it is not possible to withdraw only with regard to a part of the purchased product;
- the right does not apply to tailor-made or clearly customized products;
- the purchased goods must be intact and returned in the original package, complete in all parts (otherwise, otherwise pursuant to paragraph 2 of article 57 of Legislative Decree No. 206/05, the user will be responsible for the decrease of the value of the goods resulting from manipulation of the same as that required to establish the nature, characteristics and operation of the goods); 
- upon arrival in the warehouse, the product will be tested to assess any damage or tampering that is not caused by the transport. In the event of a lack of conditions for a valid right of withdrawal, the goods will remain at the SAG office at the disposal of the user for the return at his own expense.

12. Warranties

12.1 All products sold by SAG are covered by the manufacturer's standard warranty, if any, and 24 (twenty-four) months for defects of conformity warranty, pursuant to Legislative Decree No. 206/05. In order to benefit from warranty service, the user shall keep the invoice.

12.2 The 24-month guarantee pursuant to Legislative Decree No. 206/05 applies to a product that has a defect of conformity, provided that the product itself is used correctly, respecting its intended use and any technical relation attached. Such warranty is reserved to the Consumer. In case of defective compliance, SAG will provide, without charge to the user, the restoration of the product's compliance by replacing the product with a new one or, in the event of a lack in the stock, of one with equivalent features and commercial value.

12.3 In cases where the warranty application provides for the return of the product, the goods must be returned by the user in the original package, complete in all parts (including packaging and any documentation and accessory). Failure to comply can be reported in the same manner as the right of withdrawal, at the following e-mail address: shop@isoleborromee.it

13. Express resolution clause

13.1 In case of total or partial lack of payment of the price of the goods, SAG reserves the right to declare according to Art. 1456 of the Civil Code this contract resolved by sending a written communication to the user's email address.

14. Duties and responsibilities of SAG

14.1 SAG undertakes to correct any errors in the description of the products offered on the Website as soon as possible, from the reporting by the user. The reporting of such errors can be sent to the e-mail address shop@isoleborromee.it.

14.2 SAG is not liable for damages of any nature arising from the use of the product improperly and / or not in accordance with the instructions provided by the manufacturer and in the event of damage caused by a case of accident or force majeure.

14.3 SAG will not be liable for any loss of revenue, profit, data or any other indirect damages of any kind resulting from or otherwise related to the contracts subject to the Terms and Conditions of Sale.

14.4 In any case, SAG's liability may not exceed the total value of the purchase order.

14.5 In no event shall SAG be liable for any breach of any of the obligations arising from the contracts subject to the Terms and Conditions of Sale in case default is caused by a fortuitous and / or force majeure, including, merely as an example, natural disasters, terrorist acts, network malfunctions and / or blackouts

15. Suspension of Service

15.1 SAG reserves the right to temporarily suspend, without prior notice, the provision of Website services for the time strictly necessary for the necessary and/or appropriate technical interventions to improve the quality of the same services and for the ordinary and extraordinary maintenance of the Website, of its content and functionality.

15.2 SAG may at any time suspend the provision of the services of the Website if there are appropriate reasons of security or confidentiality violations, and in that case notice to the user, if necessary through the Website itself.

16. Website content and intellectual property rights

16.1 The contents of the Website, such as, but not limited to, images, graphics, photographs, writings, documentation, sounds, videos and any other material in any format, including all web pages of the Website (the Intellectual Property Rights) are the exclusive property of SAG and other rights holders and these Terms and Conditions of Sale do not provide any IP right to the user. Reproduction, modification, duplication, copy, distribution, sale or exploitation of the Intellectual Property is prohibited. In no case may the User alter, alter, modify or adapt the Website, nor the material made available by SAG.

17. Applicable law and jurisdiction

The sales contract between SAG and the user, referred to in these Terms and Conditions of Sale, is intended as concluded in Italy and governed by the Italian Law. For the resolution of any dispute arising out of the execution of the long distance selling contracts mentioned in the Website and thus referable to these Terms and Conditions of Sale, if the user is a consumer, the territorial jurisdiction is that related to their residence While in all other cases, the territorial competence is exclusively that of the Forum in Milan.