GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale govern the offer and sale of clothing and accessorises characterized by the Marta Scarampi brand (hereinafter the “Products”) on the website www.martascarampi.it (hereinafter the “Website”).
The Products purchased on the Website are sold to the customers (hereinafter the “Clients”) by GLAMM s.a.s. di Marta Scarampi (hereinafter “GLAMM” or the “Seller”), registered at the Companies Registry of Torino, Italy, Fiscal Code and VAT n. 10819820019, having its registered office in Torino, Italy, Via della Rocca n. 24/d.
The sales of Products are governed by the present General Terms and Conditions of Sale, as well as by the Italian Legislative Decree n. 206 of 06/09/2005 (hereinafter the “Consumer Code”), as amended by the Italian Legislative Decree n. 21 of 21/02/2014. Pursuant to the Consumer Code:
- “long distance contract” stands for any contract concluded between the professional and the consumer in the context of an organized regime of sale or of services without the physical and simultaneous presence of the professional and of the consumer, through the exclusive usage of one or more channels of distance communication (in this case Internet) to reach the conclusion of the contract;
- “professional” stands for the person or the legal entity (in this case, GLAMM) acting in the exercise of his business, commercial, crafting or any other professional activity, or one of its intermediaries;
- “consumer” stands for a person (in this case, the Client) acting for purposes which are external to of his/her business, commercial, crafting or professional activity.
- GENERAL TERMS AND CONDITIONS OF SALE ACCEPTANCE
1.1 All online contracts of sale will be concluded by accessing the Website, through which the Client will be able to conclude the contract to purchase the desired Products, following the instructions and procedures set forth in the Website.
1.2 The present General Terms and Conditions of Sale are integral and essential part of the sale contract and therefore shall be examined online by the Client, together with any pre-contractual information, before completing the purchase procedure. By submitting a Purchase Order, therefore, the Client expresses a total knowledge and understanding of the principal characteristics of the Products and a complete and expressed acceptance of the General Terms and Conditions of Sale and of the terms indicated in the Purchase Order.
1.3 The General Terms and Conditions of Sale can be updated and/or amended at any moment by GLAMM, which will promptly give notice of the updates or amendments on the Website pages. The Client undertakes to printing and keep the General Terms and Conditions of Sale.
1.4 The Client, through the online confirmation of its Purchase Order, expressly accepts and undertakes to respect, in its relationship with GLAMM, the General Terms and Conditions of Sale, including the payment conditions set forth below, declaring to have read and accepted all the terms and conditions.
1.5 GLAMM is not bound to any other different general terms and conditions, unless previously agreed upon and accepted in writing.
- ON LINE SALE
2.1 Online sale contract stands for a distance contract for the sale of Products entered into between the Client and GLAMM, in the context of an e-commerce service organized by the Seller who, for this purpose, uses the distance communication technology of Internet.
2.2 In order to conclude a purchase contract for one or more Products, the Client shall fill in the electronic Purchase Order and send it to GLAMM through the Website, following the instructions.
2.3 The Purchase Order Form contains: the reference to the present General Terms and Conditions of Sale; the pictures and the information related to the principal characteristics of the Products; the total price of the Products, inclusive of taxes; the methods and means of payment which can be used; the delivery method of the purchased Products and the related shipping and delivery costs; the reference to the conditions for exercising the right of withdrawal; the information that the Client will have to bear the cost for returning the Products in the event of withdrawal; the existence of the legal guarantee of conformity.
2.4 GLAMM ensures that the photographs on the Website are faithful reproductions of the original Products, and adopts all existing technological solution to minimize inaccuracies; however, variations may occur due to some technical features and color resolution of the computer used by the Client. GLAMM shall not be responsible of the possible inadequacy of the graphic representations of the Products shown on the Website if due to such technical reasons, provided that these representations have exclusively illustrative purposes. The Products’ images are not an element of the contract.
2.5 Before concluding the contract, the Client shall confirm to have read the General Terms and Conditions of Sale, including the Information note on the withdrawal right and on the processing of personal data.
2.6 The contract is concluded when GLAMM receives the Purchase Order via Internet, after verification of the correctness of the data relating to the Order and subject to the success of the payment.
2.7 The applicable law is the Italian law as specified below.
2.8 After the conclusion of the contract, GLAMM will process the Order.
2.9 In any event, to make a purchase on the Website it is necessary that the Client:
1) is at least 18 years old;
2) has the requirements to legally enter into binding contracts and has the capacity to enter into the contracts;
3) has a valid e-mail address;
4) holds a credit card among those accepted by GLAMM and mentioned on the payment page or holds a bank account trough which he/she could make a bank transfer.
- ORDER ACCEPTANCE AND CONFIRMATION
3.1 When the Client sends the Order he accepts and he/she undertakes to respect in his/her relationship with GLAMM the present General Terms and Conditions of Sale.
3.2 Once the contract is concluded, GLAMM may send, also via e-mail, an Order Confirmation containing a summary of the information contained in the Order.
3.3 GLAMM, before sending any Order Confirmation, may request further information, in relation the Order received, by e-mail or by telephone, at the number indicated by the Client.
3.4 GLAMM could not fulfil the purchase Orders which do not give sufficient solvency guarantees or which are incomplete or incorrect, or in the event of unavailability of the Products. In such cases, GLAMM will inform the Client by e-mail that the contract has not been concluded and that, therefore, the Order has not been fulfilled, specifying the reasons. In this case, the amount paid will be returned to the Client.
3.5 In case the Products presented on the Website are no longer available or are no longer sold after the Client submits the Order, GLAMM shall promptly notify, in any case within fourteen days from the Order, the unavailability of the Products ordered. In this case, the Order is void and the amount paid will be returned to the Client.
3.6 Each sale made by GLAMM through the online sales service may concern one or more Products, with no limit on the quantity of any item.
3.7 GLAMM reserves its right to refuse orders from a Client with whom a legal dispute is pending, regarding a prior Order, or if the event that the Client is considered unfit for the purchase, including, without limitation, the case of violations of the present General Terms and Conditions for online sale from the Website or in the event that the Client was involved in fraudulent activities of any kind. GLAMM reserves its right to refuse orders also in the event that the Client did not comply with the purchasing procedure or did not accept the present General Terms and Conditions of Sale or is unable to provide all the data required for shipping and invoicing, or if the payment failed.
- SALES PRICES AND PURCHASE PROCEDURE
4.1 The sales prices of the Products indicated on the Website, representing an offer to the public pursuant to Art. 1336 of the Italian Civil Code are expressed in Euros, include VAT and all other taxes concerning the sale, unless otherwise stated in writing.
4.2 The valid prices are those indicated on the Website at the time of the transmission of the order via Internet; the Products prices and the shipping costs may vary. Before sending the Order, the Client shall check the final sale price of the Products.
4.3 The total shipping and transportation costs will be clearly stated and displayed before the Order completion.
4.4 The purchase contract is concluded with the consent to the purchase expressed by the online subscription through the Website, provided that the payment is completed.
4.5 The Client can pay the ordered Products using the payment methods indicated on the Website at the time of purchase.
4.6 The Products are shipped directly from Italy. The prices of the Products and the shipping costs indicated in the Website and in the Order, unless otherwise specified, shall be considered not inclusive of any custom duties and related taxes in the event of shipments in non-EU member countries or of shipments in countries where the applicable legislation provides for import charges.
4.7 Unless otherwise agreed, such costs are charged to the Client and shall be paid at the time of delivery of the Products, following the instructions specified in the Order Confirmation.
- PRODUCTS DELIVERY METHODS
5.1 GLAMM will provide its Courier, thus completing the delivery process, with the Products selected and ordered by the Client. The Courier will then ship the Products to the address indicated on the Order.
5.2 GLAMM will do its best effort to fulfil the orders received within ten working days and, in any case, the purchased Products will be delivered within thirty days from the date of the conclusion of the contract. No liability can be attributed to GLAMM for the late delivery or for non-delivery due to force majeure or unforeseeable circumstances.
5.3 Upon receipt, the Client shall verify the integrity of the packages and the conformity of the Product delivered; thereafter, safe for the withdrawal right of the Client, the Client shall sign the receipt documents.
5.4 The Client, filling in the registration form during the registration procedure necessary to perform this contract and for the subsequent communication, the Client authorizes GLAMM to communicate non-sensitive personal data (residence and telephone number) to Couriers and/or Shippers used for the delivery of the purchased Products, so that the Products could be delivered.
- PRODUCTS AVAILABILITY
6.1. The Client can purchase the Products listed in the electronic catalogue on the Website and in the quantities available in stock; the insertion of any Product on the Website does not imply, ensure or guarantee that the Product will be available for the purchase through the Order.
6.2 In the event that the Product purchased by the Client on the Website is no longer available in stock and this Product could not be found by GLAMM, GLAMM undertakes to reimburse, as soon as possible, and, in any case, within fourteen days, the amounts paid to purchase the Products.
7.1 GLAMM is not liable for the disservices related to force majeure (e.g. accidents, explosions, fires, strikes, earthquakes, floods) and other similar events, which may prevent fully or partially, the performance in the terms agreed in the contract.
7.2 GLAMM is not liable before any other party or third parties concerning damages, losses or costs suffered because of the non-performance of the contract because of the above stated reasons, considering that the Client has only the right to the restitution of the paid price.
7.3 GLAMM is not liable for any fraudulent and illegal use, which may be done by third parties of credit cards, checks and other payment methods at the moment of payment of the purchased Products. In fact, during the payment procedure, GLAMM is not in the position to know the Client's credit card number, which, through a secure connection, is transmitted directly to the manager of the bank service.
- WARRANTIES AND ASSISTENCE METHODS
8.1 GLAMM produces and sells clothing and accessories of high-level quality carrying the trademark Marta Scarampi. In case the Products ordered should result to be faulty, the Client must submit in writing specific denunciation of the vice, no later than two months from the moment of the discovery and no later than two years after the delivery of the product.
8.2 The Client, to request Product’s repair or replacement, shall follow the procedure provided for the withdrawal right and GLAMM may authorize the return of the product for verifying. The risks related to Product shipment are borne by the Client. In the event that the alleged defect is verified, GLAMM, in a reasonable time, will make the Product compliant without charge, by repairing or replacing it. GLAMM reserves the right to charge the Client any costs incurred for Product’s verification and for returning the Product, in case the Product is not faulty and free of the alleged vices and defects, differently from Client’s declaration.
8.3 The Client can contact GLAMM by e-mail or by telephone (e-mail address email@example.com, telephone +39 011 0133246).
- CLIENT’S OBLIGATIONS
9.1 The Client undertakes, once the online purchase procedure is concluded, to print and keep the present General Terms and Conditions of Sale, already examined and accepted as a necessary step to complete the purchase, as well as the specifications of the Product object of the purchase.
9.2 It is strictly forbidden for the Client to insert false data, invented data, third parties and/or imaginary data in the registration process to create the account in the performance of the contract and the subsequent communications; personal data, address, telephone number and e-mail address must be the real personal data of the Client and not of some other third persons or imaginary data.
9.3 GLAMM reserves its right to prosecute any violation and abuse, on behalf and for the protection of all consumers.
9.4 The Client indemnifies and holds GLAMM harmless from any liability arising from the issuance of incorrect financial documents deriving by mistakes in the data provided by the Client, being himself the only subject responsible for the correct filling in.
- WITHDRAWAL RIGHT AND COMPLAINTS
10.1 The Client can exercise the withdrawal right pursuant to Art. 52 and following of the Consumer Code, respecting the terms and procedures set out below.
10.2 The Client who is not satisfied by the purchase of a Product – which was not tailor made and not customized - has the right to withdraw from the contract within fourteen days from the date of receipt of the Product, through a notice served to GLAMM by registered letter with return receipt to the address Via della Rocca n. 24/d, Torino, or by email, at firstname.lastname@example.org. Pursuant to Art. 59, paragraph 1, letter c, of the Consumer Code, the withdrawal right is excluded in relation to the supply of tailor made or customized products.
10.3 In the event that the Client has exercised his withdrawal right by notifying the Seller pursuant to the previous paragraph, the Client shall return the Product within 14 days from the day on which he communicated to the Seller its intention to withdraw from the contract, through direct delivery or shipment of the Product to GLAMM.
10.4 The costs for returning the Products are borne entirely by the Client. The Products must be returned to GLAMM intact and in the same conditions in which they were received, with the original packaging and tags carrying the bar code, with the attached fiscal documents and any other material being part of the package. GLAMM has the right to refuse the return of the Product or the refund of the paid sums for the purchase or to opt for a partial refund, in relation to those Products that are not in the same condition in which they were received or that have been altered in their essential characteristics or that have been damaged or which were returned without the original packaging and tags indicating the bar code, or the attached tax documentation or any other material which is part of the package.
10.5 The Client who wants a change the size or the color of the Product purchased may proceed with a new Order.
10.6 Besides complying with the terms and procedures described above, the withdrawal right shall be correctly exercised if the following conditions are met:
- Products must not have been used, worn, washed or damaged;
- Products shall have all tags, labels, warranty seals and fiscal documentation;
- Products must be returned in their original packaging;
- Products must be returned to the Seller in a single shipment;
- The Products returned must be sent to the Seller or to a third party authorized by the Seller without undue delay and in any event within fourteen days from the date on which the Client informed the Seller of his intention to withdraw from the contract.
10.7 Provided that the Client respects the provisions above, GLAMM will refund the sale price of the purchased Products - using the same means of payment used by the Client to purchase the Product - within fourteen days from the day on which the Seller was informed of the Customer's decision to withdraw from the contract, save for the right of the Seller to stop the refund until receipt of the Product.
- PAYMENT METHOD AND SHIPMENT COSTS
11.1 The Client shall pay through credit card. The financial information (e.g. the credit card number or the expiration date) will be sent by encrypted protocol to banks providing remote electronic payment services. These information will never be used by the Seller except for performing the procedures relating to the purchase by the Client and for issuing refunds in case Products are returned, in case of exercise of the Client’s withdrawal right, or if it becomes necessary to prevent or report to the police e-commerce frauds.
11.2 Unless otherwise agreed, the shipping costs are borne by the Client.
- EXPRESS BREAK CLAUSE
12.1 GLAMM has the right to terminate the contract by simply informing the Client with adequate reasons.
12.2 In this case, the Client will only be entitled to a refund of the amount already paid.
12.3 The obligations assumed by the Client (Client Obligations) and the guarantee of successful payment made by the Client (Sales prices and Purchase Methods) are essential and, therefore, the breach by the Client of only one of these obligations will determine the legal termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need of a judicial decision, without prejudice for GLAMM’s right to claim before the competent jurisdictions for damages compensation.
- APPLICABILE LAW AND JURISDICTION
13.1 The present General Terms and Conditions of Sale are governed by Italian law and will be interpreted in accordance to it.
13.2 The application, execution, interpretation and/or breach of sale contracts concluded on-line through the Website are governed exclusively by Italian law and any disputes related and/or consequential to said purchase contracts shall be settled exclusively by the Italian judicial authorities.
13.3 If the Client is a Consumer, any dispute shall be settled by the Court of the domicile or residence of the Client in accordance with the applicable law or. In the event of a legal action started by the Consumer, the action could be started before the Court of Torino, Italy.
13.4 In the event that the Client is acting in the exercise of his business, commercial, crafting or professional activity, the Court of Torino, Italy, will have exclusive jurisdiction.
- INFORMATION REQUESTS AND CONTACTS
14.1 GLAMM is available to answer to any request of information and can be contacted at the e-mail address email@example.com or at the phone number +39 011 0133246.
- COMMUNICATION WITH THE CLIENT
15.1 The Client acknowledges, accepts and expresses his consent to the fact that all communication, certification and information on the operations performed, referring to the purchase of Products, will be sent to the email address specified by the Client at the time of registration (or Order).
16.1 Based on EU Regulation no. 2016/679 (hereinafter "GDPR 2016/679") it is guaranteed that our own Company processing of personal data will be carried out in compliance of the aforementioned legislation and the obligations of confidentiality, security and correctness. The Data Controller is Glamm s.a.s. by Marta Scarampi, with registered office in Turin via Mazzini 41, in the figure of the Legal Representative Scarampi Marta and Responsible for data processing Scarampi Alessandra.
Address: via Mazzini n.41 Torino mail: firstname.lastname@example.org tel .: 011/0133246
16.2 Pursuant to Article 13 of the EU Regulation no. 2016/679 we inform you of the following:
16.2.1 Purpose of the processing - The personal, identifying, sensitive and descriptive data supplied by you are necessary for the provision of the requested service and to proceed with the related obligations and failure to provide the data in the form and form required will make it impossible to provide the services and / or products connected to them. The processing of data is performed / will be performed only in execution of precise legal obligations (invoicing, mandatory entries and accounting records, ...) and, in any case, connected to the contractual relationship.
In addition, the data with the consent of the Data Subject (art.13 GDPR 2016/679) will be used for marketing purposes with reference to the promotion of services and / or own products through e-mail, mail, telephone contacts, fax, newsletter, social networks and for the detection of the degree of satisfaction with the quality of the services provided.
16.2.2 Legal basis of processing - The processing of data processed for the purposes indicated in the previous point is lawful as it takes place to be able to perform the services and / or products at the request of the Data Subject, due to the need to comply with legal obligations of the owner, it takes place only if it is subject to the specific consent of the data subject for these purposes. Personal data are acquired directly from the data object by filling in forms online or sent by e-mail.
16.2.3 Methods of processing and storage - Processing will be carried out electronically and / or automated and / or manual, in compliance with the law and in particular with the provisions of article 32 of the GDPR 2016/679 on security measures, to work of subjects specifically appointed and in compliance with the provisions of art. 29 GDPR 2016/679. Please note that, in compliance with the principles of lawfulness, purpose limitation and data minimization, pursuant to art. 5 GDPR 2016/679, subject to the free and explicit consent of the Data Subject, personal data will be kept for the period of time required by law for the achievement of the purposes for which they are collected and processed.
16.2.4 Scope of communication and dissemination - The data collected will not be disclosed and will not be subject to any communication without the explicit consent of the interested party, with the exception of necessary communications that could involve the transfer of data to institutions or authorities to which data must be disclosed for legal obligations (eg financial, state or local administration), to companies, institutions, professionals or consultants who perform specific tasks on behalf of our Company for accounting, tax, legal or IT purposes, to companies or organizations (for example, insurance companies, credit institutions), for management purposes in terms of receipts and payments or the issue of any guarantees provided for the execution of contracts and, in any case, to those subjects for the fulfillment of legal obligations. These subjects will treat data as independent data controllers.
16.2.5 Transfer of personal data - Personal data will not be transferred to countries where EU Regulation no. 679/2016, unless specific contrary indications for which the interested party will be informed in advance and if necessary consent will be required.
16.2.6 Special categories of personal data - Pursuant to articles 9 and 10 of EU Regulation no. 2016/679, the Data Subject may give data our Company that qualify as "particular categories of personal data", that is data revealing "racial or ethnic origin, political opinions, religious or philosophical convictions or union membership, as well as genetic data, data biometrics in order to uniquely identify a natural person, data concerning health or data concerning the sexual life of a natural person or the sexual orientation of the person ". These categories of data can be processed only after the free and explicit consent of the data subject.
16.2.7 Rights of the Data Subject - At any time the Data Subject may exercise pursuant to articles 15 to 22 of EU Regulation no. 2016/679 the right to a) request confirmation of the existence or otherwise of their personal data; b) obtain information the purposes and methods of processing, the categories of personal data, recipients or categories of recipients to whom the personal data have been or will be disclosed and, where possible, the retention period; c) obtain updating, rectification, integration and erasure of personal data; d) obtain the restriction of processing; e) obtaining the portability of data, that is, receiving them from a data controller, in a structured format of common use and legible by an automatic device and transmitting them to another data controller without hindrance; f) oppose the processing at any time and also in the case processing for direct marketing purposes; g) to oppose an automated decision-making process concerning individuals, including profiling, ie the gathering of information on an individual or group of individuals to analyze their characteristics in order to include them in categories or groups and to be able to make evaluations or forecasts; h) ask the data controller to access personal data and to rectify or cancel them or limit their processing or to oppose their processing, in addition to the right to data portability; i) withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given prior to the revocation; j) to lodge a complaint with a supervisory authority.
The Data Subject can exercise his rights with a written request sent to GLAMM s.a.s. by Marta Scarampi at the address via Mazzini 41 Torino or at the e-mail address email@example.com.
16.3 Any cookies, will not be used in any way for user profiling, but will only be used to facilitate the use of the site and order management.
17.1 GLAMM is the exclusive owner of the Website (www.martascarampi.com) and of all its contents (e.g. images, characters, photographs, format scripts, software, designs and documents).
17.2 The material contained on the Website is protected by copyright.
17.3 Any form of copying, transmission, alteration and distribution to third parties is forbidden without prior written request to GLAMM and subsequent written consent.
17.4 The usage of any trademark or logo present on the Website is forbidden when accomplished in an unauthorized or non-compliant with the laws.
17.5 Any improper use will be punished according to the laws.
- TERMS AND CONDITIONS AMENDMENT AND UPDATE
18.1 GLAMM may at any time make amendments and/or additions to the present General Terms and Conditions of Sale.
18.2 The Client will be required to accept only the General Terms and Conditions of Sale in force at the time of his purchase. New General Terms and Conditions of Sale shall be effective as from their date of publication on the Website and in relation to purchase orders submitted after this date.