Terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
Welcome to the website www.sartoriaitalianaeshop.com , website owned by Sartoria Gray srl with registered office in Interporto Campano spa, Lot C, Edificio Sartoria Italiana, Nola (NA) – 80035, VAT number IT08012621218.
The conditions set out below apply to every purchase of a product on the website www.sartoriaitalianaeshop.com .
Users are invited to carefully read these General Conditions of Sale before proceeding with any purchase. By making any purchase you are deemed to have fully accepted these General Conditions of Sale.
Art. 1 – Definitions
“Site” is the Internet site www.sartoriaitalianaeshop.com , dedicated to the sale of clothing and accessories under the Sartoria Italiana – Massimiliano Sorvino brand;
1.1. “Customer” is the person (natural or legal person) who makes the purchase on the Site;
1.2. “Sartoria Italiana – Massimiliano Sorvino” is a registered trademark of the company Sartoria Gray srl with registered office in Interporto Campano spa, Lot C, Edificio Sartoria Italiana, Nola (NA) – 80035, VAT number IT08012621218;
1.3. “Order” is the request form for goods for sale, completed by the Customer via the Site;
1.4. “Products” are the goods offered for sale on the Site, based on the general conditions of sale;
1.5. “Customized Products” are Products characterized upon request and specific indications of the Customer to make them personal;
1.6. “Contract” is the distance contract which has as its object the sale of the Products, based on these general conditions of sale;
1.7. “Parties” are Sartoria Gray srl and the Customer.
Art. 2 – Creation of the order and conclusion of the contract
2.1. In order to make a purchase through the Site you must be at least 18 years of age. It will be the Customer's sole responsibility to ensure that the information provided at the time of the request or order is truthful, accurate and complete. Sartoria Gray srl will not be held responsible for orders placed by minors not authorized by their parents.
2.2. In relation to the moment of purchase, the Site prepares a guided procedure which at any time allows the Customer to verify, modify and then validate any information entered and to correct errors before submitting the Order until the conclusion of the Contract. The various technical phases for submitting the Order are specified below:
a) select the desired Product and access the relevant product sheet where it is possible to view in detail all the relevant information relating to the product itself. Select quantity, size and, if available, any customization. Then press the "Add to cart" button. In reference to the choice of size, the Customer can use the size guide made available on our site;
b) once the product has been added to the cart, a summary of the main characteristics of the chosen Product will appear and an indication of the total price due, including shipping costs (with the exclusion only of any customs duties, where due and possible additions necessary if are requested by the courier (see below) and taxes. If you want to purchase immediately, just press the "Proceed with Order" button. It is possible to modify the quantities or delete products from the cart by pressing the "modify" or "delete" buttons.
c) if you wish to purchase multiple Products, you can select them one at a time, adding them to the cart;
d) to complete the purchase it is necessary to press the "Complete purchase" button. It will be possible to proceed with the purchase by logging in with your data. If the user is not already registered, he can register at the same time as the order request or order without registering on the Site. The Customer will then be asked to enter the delivery address. Once the shipping address has been entered, a summary page of the Order will appear indicating the Products chosen, their price and shipping costs. The Customer, before proceeding to the next phase, is required to verify the accuracy of the data entered, the veracity of which he is responsible for. Subsequently it will be possible to choose the payment method among those proposed. At the end of the purchase, you will receive an e-mail containing the order identification data and confirmation that it has been correctly received (Order Confirmation);
e) before proceeding with the purchase, the Customer must read the general conditions of sale by pressing the relevant button and express acceptance of the same by clicking on the box next to the words "I declare that I have read and accept the general conditions of sale" ;
f) finally the Customer must press the "buy" button. The purchase order implies the obligation to pay and the forwarding of this order is therefore equivalent to the simultaneous authorization by the Customer to withdraw the sums provided for in the contract;
g) when the Order advances to the processing phase, it is not possible to proceed with changes regarding product type, size and quantity (the only exceptions permitted are those relating to shipping data if the Customer notices errors or inaccuracies;
h) the order placed by the customer can be canceled only if it has not already advanced to the processing phase. In this case the customer can, once received the product, proceed with the return procedure within 14 days (see below).
2.3. The presentation of products and services on the website www.sartoriaitalianaeshop.com constitutes an invitation to offer. The order placed by the Customer is a contractual purchase proposal which can be revoked until the order preparation phase, addressed to Sartoria Gray srl regarding the Products listed. Once the Order has been submitted, the Customer will receive an automatic response to take charge of the order itself ("Order Confirmation") which will indicate the type of Products ordered, the price of each of them including VAT, shipping costs, the chosen payment method, the delivery terms as well as the information relating to the Customer Service Contacts and the existence of the right of withdrawal referred to in the following art. 10, exercisable if the relevant conditions are met. Therefore when placing your order it is important to make sure you have entered a valid email address.
2.4. Sending the "Order Confirmation" does not constitute acceptance of the purchase proposal. By sending the Order Confirmation, in fact, the Customer has confirmation that the order has been correctly forwarded and received by Sartoria Gray srl. The Order Confirmation email will contain:
- these General Conditions of Sale, with the Customer having the right to access them by downloading and printing or archiving the email and the General Conditions of Sale on their computer;
- the conditions indicated above (the Products requested, the price, applicable taxes, the means of payment used, delivery costs and withdrawal conditions);
The revocation of the order and subsequent cancellation may occur before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. The acceptance of the order and the conclusion of the sales contract between Sartoria Gray srl and the Customer will actually take place only when the Customer has received from Sartoria Gray srl an e-mail confirming the shipment of the Products from its warehouse, which will contain : the information relating to the shipment of the Product ("Shipping Confirmation") and the shipping tracking.
We report some types of circumstances in which an Order may not be accepted by Sartoria Gray srl; It should be noted that the list is purely illustrative and does not at all constitute the hypotheses present in it as peremptory typologies:
a) the Products, although shown on the Site, are not available;
b) it is not possible to obtain the Customer's payment authorization;
c) a Product is subject to certain shipping limits;
d) a Product displayed on the Site contains an obvious error, for example an incorrect price or an otherwise incorrect description.
2.5. Products not available: in the event that one or more Products ordered by the Customer are no longer available, it will not be possible to accept the Order for the unavailable Products. In this case Sartoria Gray srl will immediately inform the Customer via e-mail. The customer will be able to confirm the Order exclusively for the available products and in this case the contract will be concluded limited to the Products actually shipped. The Customer will not be able to refuse partial delivery or payment of the goods actually delivered, nor will he have the right to obtain compensation or compensation, but only to receive a refund of the price corresponding to the unavailable Product(s), if already paid, without prejudice to the fact that in any case without prejudice to the right of withdrawal under the terms and conditions set out in the following art. 10. Alternatively, the Customer may request the addition of a product in place of the unavailable product. In this case, if the price of the unavailable product is higher than the product chosen by the Customer, Sartoria Gray srl will issue a payment request to the customer to supplement your order and equal to the difference between the unavailable product and the one alternatively chosen by the Customer. If, however, the price of the product chosen by the Customer as an alternative to the unavailable product is lower than the latter, Sartoria Gray srl will reimburse the difference within 30 working days of the conclusion of the Contract.
2.6. With reference to the way in which the contract, once concluded, will be archived and the related methods of access by the Customer, the Order will be stored by Sartoria Gray srl in its database for the time necessary for its execution and, in any case , within the terms of the law. The Customer will always have access to the text of these General Conditions and the specific conditions by downloading the Order Confirmation email onto their computer.
2.7. The only language available to Customers for the conclusion of the contract is Italian. In case of conflict between the provisions of these General Conditions of Sale, as published in Italian and the corresponding text translated by the Customer into another language, as well as in case of conflict with the Italian version and the version of another language of any other information and/or content of the contract, the Italian language version must be considered prevalent.
2.8. The graphic representation of the Products is created for the sole purpose of illustrating the Product and is purely indicative. Minor color and other variations are possible in the Products due to the use of different image capture and reproduction technologies. Sartoria Gray srl is not responsible for such variations and deviations.
Art. 3 - Personalized Products
3.1. The request for an Order relating to a Personalized Product is subject to a specific request from the Customer, to be formulated following the instructions on the Site itself. For the purchase of Personalized Products, advance payment is required and the right of withdrawal is excluded. In particular, personalized products are made at the explicit request of the customer, the same also applies to Products which already have a representation of the personalization on our site. Consequently it is not possible to return them, except for manufacturing defects. Products for which the application of initials is required is considered a personalized product. For personalized products, cash on delivery is excluded.
3.2. To proceed with the request for customization of a product, the relevant option must be present in the product sheet; the Customer can add his own text to the Product to further personalize it. It is possible to add your name, your initials or an even more creative text, according to the Customer's preferences. Sartoria Gray srl reserves the right in any case to remove texts that use inappropriate language, or texts that contain brand names. Also, some special characters may not be supported by our system.
You may not use, upload, post, copy or otherwise make public any names, words or phrases that fall into any of the following categories:
- that consists of or includes part of the name of a Product, service, company, organization or event owned by a third party;
- that infringes or may infringe the intellectual property rights or trademarks of third parties;
- that contain messages that are threatening, incitement to violence, offensive, defamatory, discriminatory, sexually explicit or otherwise prohibited by law.
- which, in general, is contrary to good customs and the normal sense of decency.
Sartoria Gray srl reserves, at its sole discretion, the right to refuse any name, word or phrase (or combination of the aforementioned) that falls into one of the aforementioned categories or that is otherwise deemed unacceptable by Sartoria Gray srl. A decision to this effect will result in the cancellation of the Order.
3.3. By placing an order for Personalized Products, the Customer:
a) represents and warrants that no name, word or phrase used, uploaded, sent, copied or otherwise made public for use on your Customized Product falls into one of the aforementioned categories;
b) agrees to indemnify and hold Sartoria Gray srl harmless from any costs, expenses, damages, losses and liabilities possibly suffered by Sartoria Gray srl following the use of any name, word or phrase used, uploaded or otherwise made public by the Customer ( included for use on the Product Customized by the Customer himself);
c) guarantees Sartoria Gray srl the global, non-exclusive, irrevocable and royalty-free right, entirely transferable to third parties, to use, reproduce, reveal and modify names, words or phrases sent by the Customer for the purpose of personalizing and completing his Order .
3.4. For the purchase of Personalized Products, payment must be made in advance. No right of withdrawal, revocation, refund or termination applies to Personalized Products. The legal guarantee on Personalized Products remains unchanged.
Art. 4 - Delivery times and methods
4.1. The delivery of the Products purchased by the Customer on the Site is carried out by express courier to the shipping address indicated by the Customer in the Order. The compilation of the data necessary for shipping is carried out directly by the Customer, therefore Sartoria Gray srl cannot be held responsible for non-delivery in the event of incorrect indication of the data.
4.2. Product delivery times vary depending on the country of delivery: 24-48 hours for Italy, 48-72 hours for Europe, 3 or more working days for countries outside Europe, 24 hours from the date of receipt of the Order by Sartoria Gray srl. Delivery times are purely indicative and do not represent binding terms for Sartoria Gray srl. Delays in the delivery of products may be caused by: the temporary unavailability of the Products, malfunctions in the courier's service, causes of force majeure or recurring holidays ; the mere extension of delivery times does not entitle the Customer to any compensation. In any case, delivery will take place at the latest within thirty days from the date of conclusion of the contract.
In reference to Personalized Products, the expected delivery times are normally different as technical times will be necessary due to the creation and processing of the customization. Complete delivery of an Order with Personalized Products may therefore take longer, generally one day longer. In any case, even for personalized products, delivery will take place at the latest within thirty days from the date of conclusion of the contract.
4.3. When the Products are delivered to the courier, the Customer will receive a shipping confirmation via e-mail ("Shipping Confirmation" as defined above). The Shipping Confirmation will contain a control number and/or the link that will be used to track the status of the shipment online. Delivery will be made on working days during normal office hours, excluding Saturdays and national holidays. The delivery obligation is considered fulfilled by transferring the material availability of the Product to the Customer or to the third party authorized by the latter to collect it. The Shipping Confirmation constitutes the moment in which the contract between Sartoria Gray srl and the Customer is perfected.
4.4. In the event of failure to deliver the Products within thirty days, the Customer is required to invite Sartoria Gray srl to make the delivery within an additional period appropriate to the circumstances and is entitled to terminate the contract only if the additional period thus granted expires. without the Products having been delivered to him. Delivery times are purely indicative as, in particularly busy periods of the season, such as - for example - on the occasion of important finals or the launch of new match shirts, it is possible that times may be slightly longer due to peak requests.
4.5. If the ordered product is unavailable, Sartoria Gray srl will notify the Customer via e-mail and the procedure described in point 2.4 will be carried out.
Art. 5 – Registration on the site
5.1. To purchase the Products it is not necessary to register in advance. at the website www.sartoriaitalianaeshop.com ; registration, in any case, is free, quick and does not involve any obligation to purchase. To register and create the relevant account, the Customer must complete the appropriate online form on the website www.sartoriaitalianaeshop.com , entering their personal data requested in the same, as well as an e-mail address and a password, accept the terms and conditions of use the website www.sartoriaitalianaeshop.com and read the privacy policy. The insertion, for the purposes of registration, of personal data of third parties, of false, invented, imaginary and/or, in any way, data which does not correspond to the truth is absolutely and strictly prohibited. The customer, alternatively, can register on the site via their Facebook account.
5.2. Each Customer can take advantage of only one registration on the website www.sartoriaitalianaeshop.com . It is therefore absolutely and strictly forbidden for the user to create multiple accounts referring to the same person, natural and/or legal, and/or to companies and/or entities of any kind, even through the use of truthful data. In the event of violation of this prohibition, Sartoria Gray srl reserves the right to close all accounts referring to the same person, natural and/or legal. The Customer also undertakes to hold Sartoria Gray srl harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the Customer of the prohibition referred to in this article 5.2.
5.3. Registration on the site allows the Customer to carry out, among other things, the following activities through the confidential and personal account:
- manage your personal data and modify it at any time;
- change your password;
- take advantage of the dedicated services that can be activated from time to time by Sartoria Gray srl
5.4. The registration credentials (email address and password) allow the Customer to make purchases on the Site and to carry out, among others, the activities referred to in the art. 5.3 above. They must, therefore, be preserved with extreme care and attention. Furthermore, they can only be used by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform Sartoria Gray srl if he suspects or becomes aware of any improper use or disclosure of the same.
5.5. The Customer guarantees that the personal data provided to Sartoria Gray srl during the registration procedure, or at any other time and/or occasion of his relationship with Sartoria Gray srl, are complete, truthful and refer to the Customer himself and undertakes to keep Sartoria Gray srl unharmed and held harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the Customer of the guarantee referred to in this article and/or the violation of the rules on registration on the site and/or or on the preservation of registration credentials.
Art. 6 – Accepted payment methods
6.1. Payment must be made via:
- PayPal : is the safest and fastest online payment system, which involves opening an account at www.paypal.com. By completing a purchase with this type of payment, a page on the PayPal site will be displayed where you can enter your e-mail address. personal email and password for your PayPal account, or access the procedure for creating a new one. After registration, you can proceed with payments via PayPal without having to re-enter your data, even for subsequent purchases. By choosing to pay with PayPal, the amount is debited directly from your account or from your assigned credit card (Visa, Visa Electron, Mastercard...) or prepaid card (PostePay). PayPal also protects buyer information. For each transaction carried out using this method, a confirmation email will be sent by PayPal. The order amount is debited from your PayPal account when the order is placed. In case of cancellation the amount will be refunded to the customer's PayPal account.
- Credit Card : when you select the credit card payment method, a pop up will open where you can enter your card details in complete security (HTTPS site compliant with current rules on the matter). To complete the transaction it is necessary to have a 3D SecureCode (it is a security code issued by the bank exclusively for online purchases). The data you enter will not be stored by Sartoria Gray srl srl which will not have the possibility of accessing it even for reading. The following cards are accepted:
- Visa
- PostePay
- Prepay PayPal
- MasterCard
- American Express
- Cash on delivery (or payment on delivery): a very simple and secure procedure which implies the presence of the recipient at the time of delivery. The entire amount, with a surcharge of €3.00, must be paid to the courier EXCLUSIVELY IN CASH. Furthermore, the total amount of the order cannot exceed €999.99 (as per anti-money laundering regulations). We remind you that this method still involves the conclusion of a binding contract between the parties. It is not possible to pay by cash on delivery if the Customer selects the "Collect on site" option or the shipment must be made abroad.
- Klarna: it is the innovative and safe financing method to immediately purchase what you want and pay in three convenient installments of the same amount, without interest. Creating an account is quick and easy and you can do it directly during checkout.
6.2. Prices are expressed in Euros (€) and include the Value Added Tax (VAT) in force for the respective product categories to which they belong. Price changes are possible and in this case the Site will be updated with the indication of the new price. The amount will be charged in Euros. Conversion into other currencies is purely indicative.
6.3. The total price visible to the customer at the end of the order in the statement is inclusive of shipping costs which vary based on the country of destination (the customer will be able to view the cost online at the end of the order before confirming it) but not of any customs duties and/or additional sales taxes, necessary for importing the goods into foreign territory; furthermore, an integration request is possible for some types of shipments if it is not possible to accurately calculate the shipping costs at the time of the order (see Point 6.5)
6.4. If the shipment is destined for a country not part of the European Union, the goods may be subject to the imposition of customs duties and any sales taxes. Any additional charges related to customs clearance will be the sole responsibility of the recipient. In case of refusal of the goods by the Customer or non-delivery for other reasons (e.g. incorrect address and/or telephone number of the recipient; repeated absence of the recipient, etc.) the recipient will be charged and withheld from the reimbursement of the price of the goods from the Customer, the amount to cover the following expenses: "sending goods" + "returning goods" + "customs for return". Customs duties and any taxes vary based on the country of destination and are applied upon arrival of the goods in the same country. For information relating to the amount of duties and any taxes, and the methods of customs clearance of the goods, it is advisable to contact the competent Customs Offices of the country of destination.
6.5. Schedule for shipping costs and useful information:
Nations
Shipping costs
Italy
€6.90 (+ €3.00 for cash on delivery)
Free for orders over €100.00
European Union
From €20.00
Non-EU countries
From €50.00
*Sartoria Gray srl reserves the right to ask the customer for an integration of shipping costs, where necessary, due to additional costs that may be requested by the carrier and which cannot be estimated at the time of placing the Order as established by art. 48 Legislative Decree 206/2005 lett. C) which requires you to indicate:
“ the total price of the goods or services including taxes or, if the nature of the goods or services makes it impossible to reasonably calculate the price in advance, the method of calculating the price and, if applicable, any additional delivery charges , delivery or postal charges or, if such charges cannot reasonably be calculated in advance, an indication that such charges may be passed on to the consumer ”.
Art.7 – Invoicing
7.1. The invoicing request must be made at the same time as the Order. The Customer who desires the invoice must request it from Customer Service (by requesting it in the shipping notes) on the same day as he places the order and receives the Order Confirmation email, indicating:
- private: Order Number, E-mail, Name, Surname Full address, Date of birth, Municipality and Province of birth of the invoice holder, Tax code.
- company: Order Number, Email, Name and Surname of Legal Representative, Registered Office, Tax Code and VAT Number, Unique Code and certified email address
The document will subsequently be sent to the applicant in digital format via email. Invoicing requests made in the days following the date of acceptance of the Order will not be accepted.
Art. 8 – Unavailability of products and force majeure
8.1. In the event that the Contract cannot be executed, not even in part, due to unavailability of the goods or other causes of force majeure, Sartoria Gray srl will communicate this via email to the Customer within thirty days starting from the day of transmission of the order and will be released from all its obligations, except for the reimbursement of any sums already paid by the latter.
Art. 9 - Copyright and Trademarks
9.1. The contract does not give the Customer any rights over trademarks, logos and other distinctive signs of various kinds present on the Site, nor over the related contents. The contents of the site (texts, graphics, images and animations) are protected by copyright. All content present or visible on the Site, including, but not limited to, logos, icons, registered trademarks, text, graphics, photographs, images (hereinafter "Content"), is the property of Sartoria Gray srl All elements of the Site, including but not limited to the general design and Content, are protected by copyright, moral rights, database rights, trademarks and other laws relating to intellectual property rights. You may not copy or transmit in any way portions or elements of the Site or its Content. The Site, its Content and all related rights remain the exclusive property of Sartoria Gray srl. Such rights are entirely reserved. The Terms and Conditions for use of the site www.sartoriaitalianaeshop.com apply to each visit and use of the Site.
By accessing and using the Site, the Customer gives his consent to the "Terms and Conditions for use of the site www.sartoriaitalianaeshop.com " in their entirety, as well as to any other law or regulation applicable to the Site and the internet.
Art. 10 - Right of withdrawal
10.1. Based on the provisions of the articles. 52 et seq. Of the Consumer Code (Legislative Decree 206/2005 as amended by Legislative Decree 21/2014), the consumer customer has the right to withdraw from the contract, without penalties and without providing any reason, no later than beyond 14 (fourteen) days from receipt of the goods (or, in the case of multiple goods ordered through a single order and delivered separately, from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the last good).
10.2. For the purposes of exercising the right of withdrawal, the Customer must, before the deadline referred to in the previous point, inform Sartoria Gray srl of his decision to exercise the right of withdrawal by sending written communication alternatively to info@sartoriaitalianaeshop.com
The burden of proof relating to the exercise of the right of withdrawal lies with the Customer
10.3. In case of exercising the right of withdrawal, the Customer is required to return the goods received to Sartoria Gray srl, sending them to us, without undue delay and in any case within 14 (fourteen) days following the date on which he communicated his decision to withdraw. from the contract, at the address: "Sartoria Italiana – Massimiliano Sorvino", Interporto Campano SpA, Lot C1, Edificio Sartoria Italiana – 80035 Nola (NA) Italy.
The deadline is considered respected if the Customer sends back the goods (by courier or by insured post) before the expiry of the period of 14 (fourteen) days.
10.4. The direct costs of returning the Products, as well as the risks of transport, are borne by the Customer. We recommend that you carefully package the goods to be returned and use a courier or other suitable means for shipping to allow the shipment to be tracked. It is understood that it will not be possible to obtain a refund if for any reason the relevant return delivery is not received, therefore it is advisable to insure the goods.
10.5. The Customer is obliged to return the goods in an intact state of conservation and with original labels not removed, in their original packaging which is also intact and suitable for resale. The Customer is responsible for the decrease in the value of the goods resulting from handling of the goods other than that which is normal and necessary to establish the nature, characteristics and functioning of the same.
The customer is required to:
- insert the goods in the original packaging;
- do not remove the label from the tags;
- do not destroy or damage original envelopes, boxes and packaging;
- do not dirty or damage the garments while trying them on;
- do not wash the clothes you intend to return;
- do not write on the original packaging of the products;
- in the case of free gifts or items supplied with the purchased product, they must also be returned.
If one of the conditions listed above occurs, the return cannot be refunded and the product will remain available to the customer and can be sent back, charging the shipping costs for transport. In this case, Sartoria Gray srl will have the right to withhold from the refund the sum corresponding to the decrease in the value of the goods.
10.6. Where the right of withdrawal has been exercised in accordance with the aforementioned provisions, Sartoria Gray srl will, within 14 (fourteen) days of receiving the return, return to the Customer all payments received in relation to the Order to which the withdrawal itself refers, using the same means of payment used by the Customer for the initial transaction where this does not entail costs for the Customer resulting from the reimbursement; however, pursuant to art. 56, paragraph III of the Consumer Code, Sartoria Gray srl has the right to withhold the refund until it has received the goods, or until the Customer has demonstrated that he has sent the goods back (by showing a receipt for sending an insured postal parcel or of sending by courier), whichever occurs first. In case of cash on delivery payment (only for Italy) the refund is made via credit card associated with a PayPal account or bank transfer to the current account indicated by the Customer in the withdrawal notice.
10.7. The right of withdrawal is the right of only natural persons acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (consumers). Therefore, among others, retailers and companies are excluded from the right of withdrawal.
10.8. The right of withdrawal is also excluded, pursuant to art. 59 of the Consumer Code, in the case of supply of Personalized Products (see previous art. 3), magazines, sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery, as well as sealed audio or video recordings. Therefore, under no circumstances can returns of Products intended to come into contact with private parts of the person (e.g. items of underwear and costumes) be accepted. If a package made up of several pieces contains an item intended for contact with private parts, suitably sealed separately, replacement or return will be possible only if the packaging of the latter proves NOT to have been opened by the Customer. Removal or damage to the packaging will without exception lead to exclusion from the right of withdrawal.
10.9. Our policy provides for the possibility of exchanging products purchased online. In the event that the Customer decides to exchange the product already received, he can choose to return it within 14 days of receiving the product. The methods are indicated in the art. 11.
Art. 11 – Return of the product for exchange
11.1. The return of goods for exchange of products purchased on the website www.sartoriaitalianaeshop.com is very simple and can occur for two main reasons:
a) incorrect purchase by the Customer (error in size, color, etc.);
b) shipment of an item that does not conform to the one ordered by the Customer by Sartoria Gray srl
11.2. In the event of a purchase error by the Customer, he can:
- opt for a refund (net of shipping costs), sending the goods to the address Sartoria Italiana – Massimiliano Sorvino Interporto Campano SpA, Lot C1, Edificio Sartoria Italiana – 80035 Nola (NA) Italy, informing us of the shipment. The refund will be made immediately after checking the status of the products;
- request a discount voucher of the same value as the returned goods: a discount code will be specifically created that can ONLY be used via the account of the customer who placed the reference order;
- request the exchange of the items by contacting Sartoria Gray srl by email/telephone/Whatsapp/Facebook to communicate the exchange. We will proceed with the shipment of the new requested items, which will be delivered exclusively in exchange for the items to be replaced. The cost of this service is only €10.00, in order to avoid excessive shipping costs to the Customer.
Furthermore, the exchange of goods is also possible in physical stores, upon presentation of the printout of the order
11.3. In the event of a shipping error by Sartoria Gray srl, it is sufficient for the Customer to immediately contact the company by email/telephone/Whatsapp/Facebook, communicating the error.
The costs for the collection will be borne by Sartoria Gray srl. The collection will take place via courier on a day desired by the Customer. Also in this case, both a refund, a discount voucher and an exchange are possible.
Furthermore, the exchange of goods is also possible in physical stores, upon presentation of the printout of the order
11.4. In all the cases mentioned above, as per art. 10.5, the Customer is obliged to return the goods in an intact state of conservation and with original labels not removed, in their original packaging which is also intact and suitable for resale. The Customer is responsible for the decrease in the value of the goods resulting from handling of the goods other than that which is normal and necessary to establish the nature, characteristics and functioning of the same.
The customer is required to:
- insert the goods in the original packaging;
- do not remove the label from the tags;
- do not destroy or damage original envelopes, boxes and packaging;
- do not dirty or damage the garments while trying them on;
- do not wash the clothes you intend to return;
- do not write on the original packaging of the products;
- in the case of free gifts or items supplied with the purchased product, they must also be returned.
If one of the conditions listed above occurs, the return cannot be refunded and the product will remain available to the customer and can be sent back, charging the shipping costs for transport. In this case, Sartoria Gray srl will have the right to withhold from the refund the sum corresponding to the decrease in the value of the goods.
Art. 12 - Legal Guarantee of Conformity
12.1. If the Customer finds a lack of conformity of the Product, and is a consumer, he has the right, at his choice, to request its repair or replacement without charge, unless the requested remedy is impossible or excessively onerous compared to the other. In the event that replacement or repairs are not possible or are excessively expensive, the Customer may request a reasonable reduction in the price or termination of the contract and reimbursement of a sum commensurate with the value of the goods, upon return of the defective Product. Termination of the contract is also excluded in the event of minor lack of conformity.
12.2. Following the complaint, Sartoria Gray srl will collect the product from the Customer within a reasonable time and, after verifying the existence of the discrepancy, at the Customer's choice, repair or replace the defective good, without charging any costs, unless the requested remedy is impossible or excessively burdensome compared to the other; or, if replacement or repair is not possible, the price will be reduced or a sum will be refunded, commensurate with the value of the goods. However, Sartoria Gray srl has the right to propose alternative remedies available, such as, for example, the replacement of the Product with another of a different nature but equivalent value, chosen from those displayed on the site, or the issuing of a voucher of a value corresponding to the amount paid, to be used later by contacting Customer Service. In the event that the Customer accepts, Sartoria Gray srl will carry out the specifically proposed remedy.
12.3. The legal guarantee lasts 2 (two) years from delivery of the goods and must be asserted within 2 (two) months from discovery of the defect: it is therefore necessary to report the lack of conformity as soon as possible and always keep the proof of purchase. The Customer can directly formulate the complaint in writing by registered mail with return receipt, to: Sartoria Italiana – Massimiliano Sorvino Interporto Campano SpA, Lot C1, Edificio Sartoria Italiana – 80035 Nola (NA) Italy.
12.4. There is a lack of conformity when:
- the good is not suitable for the use for which goods of the same type are used;
- the good does not conform to the description made by the seller and does not possess the qualities described.
In the event of a defect appearing within 6 (six) months of delivery, it is likely that the goods were already defective at the time of purchase. If the defect appears after 6 (six) months from delivery, it is the Customer's responsibility to demonstrate that the defect was already present at the time of delivery of the purchased Product.
We do not refund Products damaged due to improper use, or activities other than those for which they were intended, or negligence.
12.5. Business or professional customers are entitled to the ordinary legal guarantee provided for by the civil code regarding the sales contract (articles 1490 et seq. of the Civil Code) which expires one year from delivery, pursuant to art. 1495 cod. civil
Art. 13 – Requests and complaints – Assistance
It is possible to request information, send communications or make complaints by contacting Sartoria Gray srl Customer Service: through the Site, by accessing the "Contacts" section of the Site.
Art. 14 - Privacy
14.1. The data communicated by the Customer necessary for the execution of the contract are processed in accordance with the provisions of Legislative Decree 2003 n. 196 regarding the protection of personal data and EU Regulation no. 2016/679 (hereinafter, “GDPR”).
The Customer's personal data is processed to allow management of the Order, to deliver the Products, to provide assistance services and to manage payments. For this purpose, the data is transmitted to authorized service providers, appointed as data controllers and/or in charge of data processing. For further information, the Customer can consult the Privacy section of the Site. By placing an order, the Customer agrees and acknowledges that his/her data may be collected, used, stored and processed in accordance with our Privacy Policy.
14.2. Therefore, if the Customer is a registered user on the website www.sartoriaitalianaeshop.com and has expressed his/her consent to the profiling activity, the purchase data may be associated with his/her profile/account whether the purchase is made by logging in, or that it is carried out anonymously.
14.3. Please refer to the Privacy and Cookies Policy section of the website www.sartoriaitalianaeshop.com for further information.
Art. 15 – Variations and corrections to the Terms and Conditions
Sartoria Gray srl reserves the right to modify these General Conditions of Sale at any time. Any purchase contract between the Customer and Sartoria Gray srl is subject to the version of the General Conditions of Sale in force at the time the Order is placed via the Site. The version is indicated with the date of the last revision, listed at the end of the General Conditions.
Art. 16 - Applicable law and competent court
16.1. The parties, by stipulating the contract pursuant to the previous art. 2, agree that the same is governed by Italian law and subject to Italian jurisdiction, and that the application to it of the United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna on 11/04/1980 is expressly excluded. This is without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
16.2. The offer and sale of the Products on the Site, if the Customer is a consumer and is resident or domiciled in Italy, constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Consumer Code ( Legislative Decree no. 206/2005 as amended by Legislative Decree 21/2014) and by Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.
16.3. For any dispute concerning the validity, execution or interpretation of the contract and its effects, the following will be competent: a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer and is resident or domiciled in Italy; b) exclusively the Court of Naples, in any other case.
16.4. The consumer customer has the right to promote an extrajudicial resolution of disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code (ADR - Alternative Dispute Resolution).
16.5. The consumer customer has the right to promote an extrajudicial resolution of disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code (ADR - Alternative Dispute Resolution).