TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS OF ONLINE SALES
These general conditions of online sales (the "General Conditions
") are valid exclusively between SAFE S.R.L. (C.F. and P.IVA 08562760960), with registered office in Via Mario Pagano 39, 20145 Milan, Italy (hereinafter referred to as ''SAFE
'') and any person who makes online purchases on the website www.safemilano.com hereinafter referred to as ''CUSTOMER
''. These General Conditions may be subject to change and the date of their publication on the site shall be equivalent to the date of their entry into force.
These General Conditions govern purchases made on the website www.safemilano.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce.ARTICLE 1 - OBJECT OF THE CONTRACT
By these General Conditions, SAFE sells and the CUSTOMER purchases at a distance the movable goods indicated and offered for sale on the website www.safemilano.com. The contract is concluded exclusively through the Internet network, by means of the CUSTOMER accessing www.safemilano.com and placing a purchase order according to the procedure provided by the same site.
The CUSTOMER declares and undertakes to read, before proceeding to the confirmation of his/her order, these General Conditions, in particular the pre-contractual information provided by SAFE and to accept them by placing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and store a copy of these General Conditions, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
The CUSTOMER prior to the conclusion of the purchase contract, takes note, and declares that he/she has done so by signing these General Conditions, of the characteristics of the goods that are illustrated in the individual product sheets at the time of the choice of the same by the CUSTOMER.
Prior to the validation of the order with "pay now," the CUSTOMER is informed regarding:
- total price of the goods including taxes, with details of shipping and any other costs;
- method of payment;
- the deadline by which SAFE undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these General Conditions) as well as the standard withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- conditions of after-sales service and commercial guarantees provided by SAFE.
The CUSTOMER may at any time, and in any case before the conclusion of the contract, become acquainted with the information about SAFE, the geographical address, telephone and fax number, e-mail address, information that is given, also below:
registered office Via Mario Pagano 39, 20145 Milan, Italy
firstname.lastname@example.orgARTICLE 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The contract of sale is considered concluded with the sending by SAFE to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER's data and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and store the copy of these conditions.
The CUSTOMER agrees to verify the accuracy of the personal information, including shipping information, contained in the above e-mail and to promptly notify SAFE of any corrections/changes to be made.
SAFE undertakes to describe and present the items sold on the site in the best way possible. Nevertheless, there may be some errors, inaccuracies, or minor differences between the product depicted on the site and the actual product. Furthermore, photographs of the products presented on www.safemilano.com do not constitute a contractual element, as they are to be considered representative only.
SAFE undertakes to deliver the goods within 30 days starting from the sending by SAFE itself of the order confirmation e-mail to the CUSTOMER.ARTICLE 4 - PRODUCT AVAILABILITY
Product availability refers to the actual availability at the time the CUSTOMER places the order. However, such availability must be considered purely indicative since:
- products could be sold to other CUSTOMERS before the confirmation of the order, as a result of the simultaneous presence on the site of several users,
- an IT anomaly could occur such that a product is available for purchase that in reality is not.
Even after sending the order confirmation e-mail sent by SAFE, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the manner and timing of reimbursement of any sums paid.ARTICLE 5 - METHOD OF PAYMENT
Any payment by the CUSTOMER may be made only by means of the credit cards indicated on the website www.safemilano.com or by Paypal payment method.
In case of payment by credit card, the actual charging of the amount of the order will only occur when the order is complete and ready for shipment.
In case of payment by Paypal, the actual charge will occur when SAFE sends the order confirmation e-mail.
Communications regarding the payment and the data communicated by the CUSTOMER at the time it is made take place on special secure lines. Credit Card payment security is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.ARTICLE 6 - PRICES
All sales prices of the products shown on www.safemilano.com are in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment.
The CUSTOMER accepts SAFE's right to change its prices at any time, however, the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by SAFE to the CUSTOMER.
In the event of a computer, manual, technical, or any other error that would result in a material change, not anticipated by SAFE, in the retail price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.ARTICLE 7 - RIGHT OF WITHDRAWAL AND REPLACEMENT
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without specifying the reason, within the period of 14 days starting from the date of receipt of the products.
In the case of multiple purchases made by the CUSTOMER in a single order and delivered separately, the 14-day period shall run from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify SAFE by means of an explicit statement, which may be sent by e-mail to email@example.com.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is set out below:
Model withdrawal form pursuant to Article 49, paragraph 1(h).
(complete and return this form only if you wish to withdraw from the contract)
SAFE S.R.L. Via Mario Pagano 39, 20145 Milan, Italy
I/we (*) hereby notify/notify (*) of my/our (*) withdrawal from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s).
-Address of the consumer(s)
- Signature of the consumer(s) (only if this form is sent in paper version)
(*) Delete unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he/she communicated to SAFE his/her will to withdraw from the contract pursuant to Article 57 of Legislative Decree 206/2005.
The goods must be returned to SAFE S.r.l. c/o eLogy warehouse, Via Roccagiovine 266, 00156 Roma(RM).
The goods must be returned undamaged, in the original packaging, complete in all its parts and complete with the attached fiscal documentation. Without prejudice to the right to verify compliance with the above, SAFE will refund the amount of the products subject to withdrawal within a maximum period of 14 days from receipt of the goods. The right of withdrawal lapses, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where SAFE ascertains the lack of the outer packaging and / or the original inner packaging where existing and / or the absence of integral elements of the product and / or damage to the product for reasons other than its transport.
In the case of return or exchange, the customer must use a means of shipment that provides a tracking code for the package (which must be promptly communicated by email firstname.lastname@example.org to SAFE); in addition, all costs of returning the goods will be borne by him (art 56 co. 2 Legislative Decree 206/2005).
As provided for in art. 56 co. 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, SAFE may suspend the refund until receipt of the goods or until the CUSTOMER has demonstrated that it has returned the goods to SAFE.
SAFE will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase.Replacement
Within the same deadline for the exercise of the right of withdrawal, the CUSTOMER may request the replacement of the product with another product (or same product of different sizes) for sale on SAFE's website.
The replacement process, to be activated by means of a written request from the CUSTOMER in the same manner as indicated in the preceding article, will be subject to the same provisions as in the right of withdrawal, including the provisions relating to shipping, expenses, and the need for product integrity as an essential condition for replacement.
Upon successful return of the product in accordance with the above provisions, and immediately after verification of integrity and conformity by SAFE, SAFE will ship the replacement product to the CUSTOMER, it being understood that where there is a difference in price between the returned product and the replacement product, the difference, if due from the CUSTOMER to SAFE, will be paid at the time of the CUSTOMER's request for replacement, while if due from SAFE to the CUSTOMER, it will be paid by SAFE to the CUSTOMER at the time of shipment of the replacement product, using the same means of payment chosen by the CUSTOMER at the time of purchase.ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY
In case of receipt of defective products or otherwise not in conformity with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repair or replacement of the product. The CUSTOMER may exercise this right if the defect becomes apparent within a period of two years from the delivery of the goods and reports the defect to SAFE within two months of its discovery. In order to exercise the above right, the customer must proceed to send an appropriate e-mail or communication to SAFE. SAFE, in the event of a defective or non-conforming product, will, at its own expense, arrange for the withdrawal of the product, subject to the availability of the CUSTOMER.
With reference to the collection of costumes called "First CLASS," or in any case to products equipped with a 100% waterproof pocket with double ZIP and magnetic closure, it is expressly understood that such products have been conceived, created and advertised in order to avoid accidental damage to the objects contained in the pockets of the costumes or garments equipped with such particular pocket provided that the CUSTOMER correctly closes it at the time of the use of the pocket itself and that it is properly used. The pocket, if properly used, guarantees the impermeability of the pocket itself and prevents direct contact of water with the products inside, but does not exclude, in case of excessive duration of immersion, the possible presentation inside the pocket of condensation and/or moisture. SAFE therefore invites and recommends the CUSTOMER in all cases to make proper use of the pocket and garment in compliance with the above, and shall not be liable for damage to objects and property, including objects of an electronic nature, resulting from incorrect use of the pocket, its incorrect closure by the CUSTOMER, or excessive moisture due to prolonged stay and duration of immersion.ARTICLE 9 - COMMERCIAL WARRANTY
All products presented on the website www.safemilano.com benefit from the legal warranty of conformity referred to in the previous article.
In order to benefit from the warranty service, the CUSTOMER must keep the invoice that he/she will receive together with the product or by special e-mail. ARTICLE 10 - MODE OF DELIVERY
SAFE will only accept orders to be delivered in the territory of member states of the European Union. The products will be delivered by express courier to the address indicated by the CUSTOMER when placing the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by SAFE.
For each order placed on www.safemilano.com, SAFE will issue an invoice for the goods shipped. The invoice shall be enclosed with the product and in any case transmitted by SAFE to the CUSTOMER with an appropriate e-mail. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.ARTICLE 11 - LIABILITY
SAFE assumes no liability for inefficiencies attributable to force majeure or fortuitous events, even where dependent on malfunctions and failures of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.ARTICLE 12 - ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether aural or visual, and the related technology used remain the property of SAFE and are protected by intellectual property law.ARTICLE 13 - ENTIRETY
These General Terms and Conditions shall consist of the entirety of the clauses making up these General Terms and Conditions. If one or more of the provisions of these General Terms and Conditions is deemed invalid or declared invalid pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue in full force and effect.ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
These General Conditions are subject to Italian law, without prejudice to the mandatory rights of the law of the place of domicile or residence of the CUSTOMER.
Any dispute that does not find an amicable solution shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER.
In any case, it is possible to have optional recourse to the mediation procedures under Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr
By signing this Contract, and by finalizing the relevant order, the CUSTOMER declares that he/she has read and understood, and expressly approves, as effectively approves, also pursuant to Articles 1341 and 1342 of the Italian Civil Code, all the covenants (14 articles) of which the contract is composed, and in any case specifically the following articles and provisions of the Contract: ARTICLE 2 (Pre-contractual information for the consumer - Art. 49 Legislative Decree. 206/2005), ARTICLE 4 (Availability of the products and right of modification/denial by SAFE in case of unavailability), ARTICLE 6 (Prices and right of unilateral modification by SAFE), ARTICLE 7 (Rights of withdrawal and replacement - transport costs and expenses, forfeiture in case of non-compliance, conditions of refund and payment), ARTICLE 8 (legal guarantee of conformity, exclusions of liability, use and responsibility with regard to waterproof products), ARTICLE 11 (limitation of liability for causes not attributable to SAFE), ARTICLE 14 (Applicable law and place of jurisdiction)
General terms and conditions of sale updated on 04 May 2021