Index

1. Definitions
2. Object
3. Conclusion of purchase agreements
4. Product availability
5. Shipment price and costs
6. Order sending process
7. Method of payment
8. Shipping and delivery of products
9. Right of withdrawal
10. Fault or discrepancies of Products
11. Privacy
12. Errors or inaccuracy in online shop
13. Intellectual property
14. Applicable law
15. Contacts

1. Definitions

The following terms and phrases mean what is specified underneath, being understood that the terms defined in singular form have the same definition in plural form and vice-versa.

• Client: any subject (physical or juridical person) purchasing one or more products via Online shop, by accepting the General Conditions
• Company: Silvietta Srl, with legal address in Viale R. Margherita, 86 – Miramare (RN), owner company of the brand Saraghina Eyewear and authorized dealer of the Products via Online Shop
• Parts: jointly Company and Clients
• General Conditions: the present general selling conditions and eventual future new versions which may be published on the Online Shop by Silvietta Srl
• Online shop: the virtual store, managed by and accessible via the URL http://shop.saraghinaeyewear.it, where the products can be purchased.
• Purchase agreement: concluded purchase agreements of Products between the Company and the Clients via Online Shop
• Orders: purchase order of the Products sent by Clients, in accordance with the General Conditions and following the procedure described in art. 6.
• Order Confirmation: the e-mail message that communicates to Clients the acceptance of the Orders.
• Price: selling price of Products as specified in the Online Shop in correspondence with the Products themselves.
• Products: the published products on the online shop for the purpose of selling.
• Profile: the area of the Online Shop where the clients, prior authentication, can: (i) view and modify their personal data and the addresses where the ordered Products must be sent and delivered; (ii) view the previous Orders; (iii) have access to any other specific function connected with their activity on the Online Shop.

2. Object

2.1 The General Conditions disciplines all the Purchase Contracts and form their integral part.
2.2 The Company holds the right to modify in any moment the General Conditions, it being understood that the ones applicable to the Purchase Agreements will be those published on the Online Shop at the moment of the Order of the Client.
2.3 In case of contrast between the General Conditions and eventual other terms and conditions pertinent to the Purchase Agreements published on the Online Shop, the terms and conditions more favorable for the Clients will be applied.

3. Conclusion of Purchase Agreements

3.1 The Company undertakes to send the Clients the Order Confirmation within two working days from the receipt of the Orders from the Clients.
3.2 The Purchase Agreements are intended as concluded between the Parts when the Clients receive the Order Confirmation. If the Clients do not receive the Order Confirmation by the term specified in the art. 3.1, the Order shall be considered declined, therefore invalid.
3.3 By completing the Orders, the Clients declare that they have viewed all the instructions regarding the purchase procedures described in art. 6; that they have entirely the General Conditions; that they have viewed all the information included in the Online Shop, even those referred to through a link.
3.4 The Orders will be filed in the data bank of the Online Shop, according to the procedures and in accordance with the regulations contained in the Legislative Decree 30/6/2003 n. 196 (“Privacy”), and will be accessible by contacting the representatives described in art. 16, that is by accessing the Profile

4. Availability of Products

4.1 Except for what provided for by the art. 4.6, for each Product published in the Online Shop, it is specified whether:
(i) the Product is available in stock
(ii) the Product is not available in stock
(iii) the Product is available “upon request”
(iv) the Product can be customized.
4.2 The type of Products published in the Online Shop and their availability may vary at any time without this involving any responsibility for Silvietta Srl towards the Clients.
4.3 The indication on the availability of Products is not binding, it being understood that the Products referred to as “not available”, according to the art. 4.1 (ii), cannot be ordered by Clients. In case of sudden unavailability of a Product that was indicated as available at the moment of the Order sending by a Client (being valid what referred to in art. 3.2), Silvietta Srl undertakes to communicate the Client (in a following e-mail) the approximate time needed for new availability of the ordered Product. The Client can withdraw the Order within 48 hours after receiving of the communication from Silvietta Srl (according to the right of withdrawal referred to in Art. 9), by sending a message to the e-mail specified in Art. 15. In this case, the Company undertakes to refund the Price as soon as possible.
4.4 If a Product is referred to as available “upon request”, this means that the Product, in that moment, is not available in stock, but that the Company will order it to Silvietta Srl’s central warehouse, once the Client ordered it to Silvietta Srl.
4.5 If the Product is referred to as “customizable”, that Product can be modified/adapted/personalized according to specific requests from the Clients. In this case, the Clients must precisely indicate their requests in the designated area at the moment of the Order sending. After sending the Order Confirmation, the Company undertakes to communicate the Clients, via e-mail, the forecast due date for the shipping of the customized Product. Although being committed to guarantee the respect of this due date, the Company is not bound to the deadline, which is to be considered only approximate.
4.6 Silvietta Srl holds the right not to indicate availability of or of some Products published in the Online Shop.

5. Price and shipping costs; taxes and duties

5.1 Price is expressed in € (Euro). The applicable Price is the one published in the Online Shop at the moment of the Order sending by the Clients.
5.2 The Price is comprehensive of VAT (22%) if the Products are shipped by Silvietta SRL and delivered inside the boundaries of the European Union. Whether the Products are shipped by Silvietta Srl and delivered outside the boundaries of the European Union, the Price is to be intended VAT excluded.
5.3 The Price does not include the shipping costs. The Company holds the right to ask the Clients a contribution for the shipping costs which can vary according to the type of delivery, the quantity of Products to be delivered, their weight, their volume and their destination.
5.4 The required contribution for the shipping costs is indicated separately from the Price, before the Order sending by the Client, and will be paid by Clients together with and at the same time of the payment of the Price, according to the procedures described in Art. 7.
5.5 Any possible tax, duty, or other burdens in accordance with the State law where Products are shipped and delivered will be entirely charged to the Clients and paid by them at the moment of the delivery of the Products, directly to the probate tax or custom authorities, that is to the courier in charge of the delivery.

6. Order sending procedure

6.1 In order to proceed with the order sending, Clients must register in the Online Shop by inserting all the “compulsory” data and choosing a password to send the Orders and to log in, even after the order, to their Profile.
6.2 Clients may purchase the Products by selecting them in the Online Shop section dedicated to the searched Product and by inserting them in the “cart”. Once the choice of the Products has been completed, the Clients must, if they haven’t yet, register according to art. 6.1, or, if already registered, must log in by inserting e-mail address and password in the designed areas and click on “checkout”. Once they have verified that the chosen Product and the “sending information” are correct, the Clients must choose the payment method (as in art. 7). Once the payment method has been chosen, the Clients may proceed to the Order sending by clicking on “order”.
6.3 Ordering as a “guest” is allowed: the data inserted by the Client at the moment of ordering will not be saved, but used only to process the Order; eventual more order, even in the same session, will require new data input.

7. Payment method

7.1 The Clients may pay the Price and the contribution for the shipment costs (art. 5) via Paypal, or other payment methods which may be indicated by Silvietta Srl on the Online Shop. The Company holds the right to vary, at any moment, the payment methods that can be used by the Clients, it being understood that those published on the Online Shop at the moment of the Order are considered valid.
7.2 In case of payment via Paypal, at the moment of the Order sending, the Web session will be transferred on a safe Paypal Website. On this Website, the Clients can complete the payment of the Price and of the contribution for the shipment costs (art. 5) by using their own Paypal account and according to the conditions of usage of the Paypal service signed by the Clients in that moment or previously.
7.3 Whether required by the Clients along with the Order sending, Silvietta Srl will send the Clients regular invoice, via e-mail or postal service. The information provided by the Clients will be used to issue the invoice. No change in the invoice will be possible after it has been issued.
7.4 The information received by Silvietta Srl, in accordance with the art. 7, will be used exclusively to complete the procedures concerning the selling of the Products and for the refund procedures in case of withdrawal (art. 9) from the Clients.

8. Product shipping and delivery

8.1 Provided that by “shipping” of the products it is intended the product delivery to the selected couriers (art. 8.2), the Company is not bound to shipping the Products until the payment of the Price has not been received (except for cash on delivery payment); once the Company receives the payment of the Price, it undertakes to send the Products:
(i) in case of available Products (as defined in art. 4)
- by 5 working days from the communication of authorization of charge (art. 7.2) in case of payment via Paypal;
(ii) in case of available Products become unavailable (as defined in art. 4.3), within 3 working days from the moment when that Product or those Product become available again in Silvietta Srl’s warehouse, it being understood that the Client holds right of collecting or not the Order, according to the same article 4.3;
(iii) in case of Products “upon request” (as defined in art. 4.4), within 3 working days from the moment which they become available in the warehouse;
(iv) in case of “customized” products, (as defined in art. 4.5), within 3 working days from the moment when they become available in the warehouse;
(v) in case the availability of one or more Products is not indicated (art. 4.6), and the Products are available in the warehouse at the moment the Orders are sent by the Clients:
- within 3 working days from when the communication of authorization of charge (art. 7.2) in case of payment via credit card;
(vi) in case the availability of one or more Products is not indicated (art. 4.6), and the Products are not available in the warehouse at the moment the Orders are sent by the Clients, within 3 working days from when the Products become available in the warehouse.
8.2 The Company guarantees the shipping of the Products, in the States indicated in the Online Shop, through courier selected from time to time, according to the ordered Product and the destination. The Products are shipped by Silvietta Srl, and delivered by the courier selected by Silvietta Srl at the address indicated by the Clients at the moment of the registration (art. 6.1), or at the different address communicated at the moment of the Order.
8.3 The Company is committed to do whatever is possibile so that the shipped Products, in accordance with the art. 8.1 and 8.2, will be delivered by the selected couriers:
- in Italy by 48 hours from the moment of shipping
- out of Italy by 15 days from the moment of shipping
8.4 The delivery terms indicated in the art. 8.3 cannot be considered binding in any case; Silvietta Srl, not being able to directly control the delivery of the Product after the shipping, cannot be considered responsible in any case if the terms are not respected.
8.5 To allow the Clients to follow the status of their Orders, a number of Order is generated, through which, inserted in the section “My Orders” – accessible from all the pages of the Online Shop – it is possible to verify all the information about the Orders.
8.6 The Clients can as well verify the status of the Orders thanks to the online function “Order Tracking”, provided by the selected courier. This verification may be carried out by the Clients only after the shipping of the Products and by using the data communicated via e-mail, that is by signing in to the Profile.
8.7 The Clients, or other person appointed by the Clients that will be in the address indicated for the delivery of the Products, must verify at the moment of delivery that:
(i) the Products correspond to what indicated in the courier’s transportation document (DDT); both for quantity and for type;
(ii) the packaging of the Products is intact, not damaged, not wet or altered in any way, even in the closing materials.
8.8 Any damage in the packaging of the Products must be immediately contested by the Clients through the request to sign conditionally (request that must be written down on the proof of delivery by the courier). It is understood that, once the Clients sign the courier’s document without any protest, they cannot raise any more objection about the external characteristics of the delivery.
8.9 The Products can be delivered by the courier only to Clients or to persons authorized by them. The person who picks up the Products must put a signature to certify the delivery. The couriers do not deliver to post office boxes, or mailboxes or other similar places.

9. Right of withdrawal

9.1 If the Clients are “consumers” (that is a physical person who acts for aims that are not connected with entrepreneurial, commercial, artisanal or professional activity possibly carried out), they have right, according to the art. 64 of the D.Lgs n 206/2005, to withdraw the Purchase Agreements by 30 days from the date when they received the Products. The Right of Withdrawal must be exercised by the Clients by sending a written communication via e-mail (art. 15), containing:
(i) the expression of will to exercise the Right of Withdrawal
(ii) the indication of the Order that generated the Purchase Agreement from which they want to withdraw.
9.2 In case of exercise of the Right of Withdrawal (art 9):
(i) the Clients undertake to return the Product within 10 working days from the date of communication of withdrawal (art. 9.1);
(ii) all costs connected with the return of Products are entirely charged to the Clients;
(iii) the Company undertakes to refund the Clients of the Price as soon as possible, and in any case by 30 days from the receipt of the withdrawal communication (9.1), if the following conditions are respected:
- the Products have been returned and they are intact;
- the original packaging of the Product is returned, and that it is intact;
- possible accessories, instructions manual, etc, are returned and they are intact;
- the original invoice is returned
- the Products have not been used;
(iv) the Company will communicate to the Clients the procedure for the refund of the Price, and, possibly, will ask the Clients their bank details (IBAN and bank account holder)
9.3 If the Clients exercise the right of withdrawal note in compliance with the procedures and terms described in this article 9, and in particular if they don’t return the invoice, the Clients do not hold right for refund of the Price.

10. Faults/Discrepancies of Products

10.1 If the Products present a warranty recognized by their producer (commercial/conventional warranty), possible faults/discrepancies of the Products must be reported by the Clients directly to the producer, according to the modalities and terms indicated in the warranty.
10.2 The “consumer” Clients (as defined in art. 9.1) can ask the seller, in accordance with the art. 132 if the D. Lgs 206/05 (Consumer Code), the remedy that the Consumer Code itself suggests for the faults of the Products existing at the moment of the delivery of goods.

11. Privacy

11.1 Silvietta Srl declares and guarantees that the personal data of the Clients will be treated in accordance with the regulations in D. Lgs. 196/03, and successive modifications. The details about the modalities of the data treatment are communicated to the Clients at the moment of registration (art. 6.1 and 6.2). More information is available at the page privacy policy.

12. Mistakes and/or inaccuracies on Online Shop

12.1 The Company is committed to constantly verify the Online Shop to avoid mistakes or inaccuracies. However, it is possible that the Online Shop contains, or may contain, inaccuracies or omissions.
12.2 The Company holds the right to correct mistakes, inaccuracies or omissions contained in the Online Shop also after the shipping of the Order, and also to chage or correct the information in any moment with no prior communication to the Clients.

13. Intellectual property

13.1 Silvietta Srl holds all the exclusive rights of intellectual property connected with the Online Shop (contents included); The Online Shop and its content cannot be reproduced nor integrally nor partially, be transferred via electronic or conventional means, be modified, connected and used for any purpose without prior written consent of Silvietta Srl.

14. Applicable law

14.1 The General Conditions and Purchase Agreements are regulated by the Italian Law (in particular by Legislative Decree 206, 06/09/2005 – which, from articles 50 to 67, disciplines all the distance contracts – and by Legislative Decree 70, 09/04/2003 in the field of electronic commerce), and must be interpreted in light of the Italian Law.
14.2 For any controversy arising connected to the General Conditions and/or the Purchase Agreements, the only competent authority will be the Court of Rimini.

15. Contacts

15.1 For any information and assistance about the Online Shop or the purchase modality on the Online Shop or on the Purchase Agreements, the Clients can contact the Company via our customer service by writing to: support@saraghina.it, or via traditional mail at the following address: Silvietta Srl – Viale R. Margherita, 86 - Miramare (RN).