Italiano
Date of publication on the website and entry into force 05/04/2018
Subject
1.1. These general terms and conditions of sale (hereinafter also the "Terms") apply to the purchase of "SOZZI SOCKS" brand products (hereinafter "Products" or in the singular "Product") made through the e-commerce site (hereinafter the "Site") by users qualifying as "Consumers" under the following article
1.2. The Site, owned by SOZZI CALZE S.R.L., with registered office in Via Giuseppe pecchio, Milano- 20131 Milano, fiscal code, VAT number and registration number with the REGISTER OF FIRMS MILAN 175334/1999 (hereinafter "Owner"), is managed by SOZZI CALZE S.R.L.-
1.2. The subject who proceeds to purchase one or more Products for purposes not related to his own entrepreneurial, commercial, handicraft or professional activity, as purchaser (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties"). The activities of processing the purchase orders, including the delivery of the Products, shall be managed directly by the Controller.
1.3. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right to withdraw, etc. - must be sent to the Seller to the addresses and in accordance with the procedures indicated on the Site and to the e-mail address
e-shop@sozzicalze.it
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is transmitted by the Consumer.
1.5. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions shall apply but, notwithstanding the provisions hereof
(a) the purchaser shall not be entitled to the right of withdrawal referred to in Article 10;
b) the purchaser shall not be entitled to the warranty on the Products referred to in Article 8;
c) the purchaser shall not be accorded any other protections, if any, provided herein in favour of the Consumer that reflect or comply with mandatory provisions of law
d) the contract of sale concluded between the Seller and the Purchaser shall be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.6. At the time the purchase order is transmitted, the Purchaser accepts that confirmation of the information relating to the order placed and these Conditions be sent to him by e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.7. In order to be able to make purchases via the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.8. Any costs for the connection via Internet to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer, shall be borne exclusively by the Consumer.
1.9. Characteristics of the Products and their availability in the different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend these Conditions at any time, at its own discretion, without the need to provide any prior notice to users of the Site. Any amendments made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. Such variations will only apply to orders not yet confirmed on the date of the variation. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site may be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users requesting delivery in one of the States indicated on the Site.
Modalities of purchase of the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual proposal of purchase and not an offer to the public.
3.2. The purchase order transmitted by the Purchaser to the Vendor through the Site has the value of a contractual proposal and is regulated by these Conditions, which form an integral part of the order itself and which the Purchaser, by transmitting the order to the Vendor, is obliged to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer shall be asked to carefully read the present Conditions and the information regarding the right of withdrawal, to print a copy by means of the print command and to save or reproduce a copy for his own personal use. Furthermore, the Consumer shall be asked to identify and correct any errors in entering his or her data.
3.3. The purchase order of the Purchaser is accepted by the Vendor with the sending to the Purchaser, to the e-mail address declared by the latter to the Vendor when registering to the Site or when sending the order if the Purchaser is not registered to the Site, of an e-mail confirming the order, which shall contain the link to the text of these Conditions, the summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties shall be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at
e-shop@sozzicalze.it.
3.4. Each contract for the purchase of the Products is deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
Procedure for selecting and purchasing Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the virtual shopping cart. Once the Products have been selected, in order to purchase the Products placed in the trolley, the Consumer shall be invited to (i) register on the Website, providing the requested data, or (ii) to log in, if the Consumer is already registered, or (iii) to provide his/her own data in order to complete the order and allow the contract to be executed. In the event that the data indicated in the order is different from that provided when registering to the Website, the Consumer shall be requested to confirm his data (by way of example but not limited to: name, surname, etc.), as well as the address where the Products selected are to be delivered, the billing address and, optionally, a telephone number where he may be contacted for any communications relating to the purchase made. The Consumer shall display a summary of the order to be carried out, the contents of which may be modified: therefore, the Consumer, after having carefully read the order, must expressly approve the present Conditions, by means of the specific check-box on the Website and finally, by means of the "Insert order" button, the Consumer shall be requested to confirm the order, which shall be definitively sent to the Seller and shall produce the effects described in paragraph 3.2. above of this contract. The Consumer shall also be asked to choose the shipping method and payment method, among those available. Should the Consumer decide for the immediate payment method (at the time of purchase) by credit card, PayPal or immediate bank transfer, he shall be required to communicate the relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount shall only be debited when the order confirmation is transmitted by the Seller to the Consumer.
4.2. If, during the procedure of selecting the Products on the Site as per point 4.1 above, the Consumer discovers that the price of one or more of the Products that he intends to select for subsequent purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem on the Site, he is requested not to complete his purchase order and to report the aforementioned technical error to the Seller's Customer Service, by sending an e-mail to the e-mail address e-shop@sozzicalze.it
Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Site and, in any case, to execute the delivery within a maximum time of 30 (thirty) days starting from the day after the day on which the Consumer has transmitted the order. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and shall provide for the reimbursement of any sums already paid by the Consumer for the payment of the Product pursuant to paragraph 5.3 below. If the Consumer has chosen bank transfer as the method of payment, the delivery term shall start from the receipt of the amount by the Seller.
5.3. The Products ordered by the Consumer shall be shipped using the method selected by the Consumer, among those available and indicated on the Site when the order was sent. The Consumer undertakes to promptly and as soon as possible to check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or any discrepancies with respect to the order placed, in accordance with the procedure set forth in art. 8 below of these Conditions, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse the delivery by the carrier/freight forwarder or to accept the delivery "with reserve".
Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. The prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated before the order confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the total price to the Seller, as stated in the order and in the order confirmation sent by e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales taxes, which the Consumer undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to enquire with the competent bodies of his/her country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his/her country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and/or levies that a given country may apply for any reason whatsoever to the Products ordered on the basis of these Conditions are the sole responsibility of the consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in paragraphs 6.3. and 6.4. above, at the time of sending an order to the Seller, shall not constitute grounds for termination of the present contract and that he cannot in any way charge the aforementioned charges to the Seller.
Payments
7.1. Payment of the price of the Products purchased through the Website must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller shall begin when the price of the Product/s purchased is credited to the Seller's current account.
7.2. Payment may be made by credit card (Stripe), PayPal or Bank Transfer, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the consumer will be transferred to a secure site and the credit card data will be communicated directly to the supplier. The transmitted data shall be sent in a secure mode, by means of encrypted data transfer with a 128-bit SSL (SecureSocketLayer) system. This data is not accessible to the Vendor either.
7.4. If the payment is made by bank transfer in favour of the Seller, the Consumer shall indicate the "Swift" and "IBAN" codes indicated in the order confirmation, as well as the order number.
7.5. The Seller shall promptly transmit to the Consumer, if required by the applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relative to the purchase made, if the Products purchased are to be delivered within the Italian territory, or attached in paper format to the Products purchased, in all other cases.
Seller's legal warranty of conformity, reporting of conformity defects and interventions under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as in compliance with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with the Product's own use and with the instructions/warnings on the matter provided by the Seller and/or the Holder, or reported in the reference illustrative documentation, on the tags or labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from their discovery, by sending to Customer Service at info@sozzicalze.it Customer Service of the Seller, by e-mail to e-shop@sozzicalze.it, the specific form correctly filled in, indicating the defect and/or non-conformity found, as well as the relative documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.3. Following receipt of the form and the relative documentation, the Seller shall assess the defects and non-conformities reported by the Consumer through the Holder's assistance service and, after having carried out the quality checks to verify the actual non-conformity of the Product, shall decide whether to authorise the return of the Products by providing the Consumer with a reply, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorisation to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorised the return shall have to be returned by the Consumer, together with a copy of the return authorisation communication bearing the "Return Code", within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address
SOZZI CALZE S.R.L.
Via Giuseppe pecchio, 14
Milan (MI)
20131
8.4. In the event of defects or non-conformities, the Purchaser shall be entitled to have the Product restored to conformity by the Seller, by means of repair or replacement, or to alternative remedies in the cases expressly provided for by article 130 of Legislative Decree no. 206/2005.
Where the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement shall be made, where possible, by means of the same means of payment used by the Consumer when purchasing the Product or by means of a bank transfer. It shall be the Consumer's responsibility to communicate to the Seller, again by e-mail to info@sozzicalze.it, the bank details to make the bank transfer in his favour and to ensure that the Seller is put in the condition to be able to return the sum due.
Liability for damage caused by defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. The Seller, in his capacity as the distributor of the Products through the Site, releases himself from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.
Right of withdrawal
10.1 Without prejudice to the exceptions set forth in article 59 of the Consumer Code, the Consumer is acknowledged the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately in a single order, the last Product has been delivered.
10.2 In order to exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in point 10.1 above, must access the "My returns" page from My Account or, if he/she is not registered on the website, by accessing the dedicated page and entering the order number and the e-mail with which he/she made the purchase. Alternatively, the Consumer may send an explicit declaration via the contact form or to the e-mail address info@sozzicalze.it, of his or her decision to withdraw using the attached model withdrawal form.
10.3 Following the provisions of point 10.2 above, the Consumer shall receive an email confirming the exercise of withdrawal, containing, in the event that he/she has in the meantime already received the product ordered, the return form to be inserted in the package, and instructions on how to proceed with the return of the product, to be sent no later than the following 14 days to
SOZZI CALZE S.R.L.
Via Giuseppe pecchio, 14
Milan (MI)
20131
10.4 If the Consumer has received the product, he must return it to the above address without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof of this, shall be borne by the Consumer. If the Consumer exercises his or her withdrawal via the Site, the cost of returning the goods will be indicated to him or her before confirming the withdrawal request, should he or she wish to use the return service offered by the Site.
10.5 In the event of withdrawal, the Consumer shall be refunded the payments he/she has made, including delivery costs (with the exception of the additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 days after the exercise of the withdrawal. Such refunds shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund on a different means of payment, in which case any additional costs arising from the different means of payment shall be borne by the Consumer. The reimbursement may be suspended until receipt of the goods or until the Consumer proves that he has returned the goods, whichever is earlier.
10.6 The Consumer is liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, the original packages and packaging and the warranty certificate, if any, the Consumer shall be liable for the decrease in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same, and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport also from writing or labels.
Intellectual Property Rights
11.1. The Purchaser declares to be informed that all trademarks, names, as well as all distinctive signs, names, images, photographs, written or graphic texts used on the Site or relating to the Products are and remain the exclusive property of SOZZI CALZE S.R.L. and/or its assignees, without any right deriving to the Purchaser from access to the Site and/or the purchase of the Products.
11.2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of SOZZI CALZE S.R.L.
Consumer data and privacy protection
12.1. In order to proceed with the registration, the placing of the order and therefore the conclusion of the contract on the basis of the present Conditions, some personal data are requested from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by SOZZI CALZE S.R.L. in accordance with and in compliance with the regulations set out in Italian law D.Lgs. no. 196/2003 and subsequent amendments and integrations - Privacy Code, in order to execute each purchase made through the Site and, subject to the Consumer's consent, for any further activities as indicated in the privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process is correct and true.
12.3. The Consumer may, at any time, update and/or change the personal data provided to the Seller through the special section of the Site "My Account" accessible after authentication.
12.4. For any further information on how the Consumer's personal data are processed, please access the Privacy Policy section and carefully read the General Conditions of Use.
Security
13.1. Although the Vendor adopts measures to protect personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Vendor cannot guarantee that the information or data displayed by the Purchaser on the Site, even after the Purchaser has authenticated (logged in), cannot be accessed or viewed by unauthorised third parties.
13.2. The Seller, with regard to data relative to credit card payments, uses the services of the company Global Collect Service BV that adopts technological systems that guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
Applicable law, attempt at conciliation and place of jurisdiction
14.1. Every sales contract concluded between the Seller and the Consumers pursuant to these Conditions shall be governed by and interpreted in compliance with Italian laws and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any event, the rights that may be attributed to Consumers by mandatory provisions of law in force in their country shall remain unaffected.
14.2. In the event of a dispute between the Seller and a Consumer, we guarantee as of now our participation in an attempt at amicable conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and safe manner on the Internet. For more information on the RisolviOnline rules or to send a request for conciliation, go to www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the option of accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the EU and a trader established in the EU through the intervention of an ADR (alternative dispute resolution) entity that has joined the platform, which can be selected from a list available there. For more information on the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure relating to this contract, please access the following link: https://ec.europa.eu/odr. The Seller's email address to be indicated in the European ODR Platform is the following
e-shop@sozzicalze.it
14.4. If the attempt at conciliation referred to in points 14.2 or 14.3 above is not adhered to, or if such an attempt is unsuccessful, the dispute shall be referred to the court of the place of residence or domicile of the Consumer.