"Generalcom" Generalcom S.p.A., with registered office in Via Compagnoni n. 1, 20129 - Milano (MI), VAT n. 03942650155.
"General conditions" these general conditions of sale available on the Site at the following address www.salvagente.com/condizioni-di-vendita
"Consumer Code": Decree Law n. 206/2005.
"Consumers" the subjects provided for by art. 3 of the Consumer Code, i.e. any natural person registered to the Site acting in their own name and on their behalf, for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
"Contract" the Product sales agreement entered into by Generalcom and the Customer in compliance with the General Conditions.
"Order" the proposed purchase of Products sent by the Customer to Generalcom through the Site.
"Parties" Generalcom and the Customer.
"PayPal" the online transaction service managed by PayPal (Europe) S.à r.l. et Cie, S.C.A.
"Product Price" the price, inclusive of VAT, set by Generalcom with reference to each Product.
"Sale Price" the sum of the Product Price and any shipping cost referred to in art. 3 hereinafter.
"Products" the clothing and accessories marketed by Generalcom through the Site.
"Ordered Products" the Products included in any Order submitted by Customers under art. 2 hereinafter.
"Site" the Internet portal which can be accessed at www.salvagente.com and its subdomains, owned by Generalcom S.p.A
Art. 1 - General provisions
1.1 The Products on the Site are acquired by Generalcom from national and international manufacturers and/or retailers.
1.2 The sale of Products through the Site is subject to these General Conditions which, upon acceptance and subject to the provisions of art. 10 hereinafter, will be applicable to all future orders made by the Customer at Generalcom.
1.3 The purchase of Products is reserved exclusively for Consumers.
1.4 Generalcom hereby undertakes to describe and present the Products sold on the Site in the best possible way, also making use of the Products' descriptions provided by the manufacturers and/or retailers referred to in paragraph 1.1 above and included in the legal documents supplied with the same.
1.5 It is understood that any images supplied with a Product's description may not be fully representative of its features, and the colour, size, products and accessories shown in the figure may differ. Generalcom can therefore not be held responsible for any inadequate graphic representation of any products shown on the Site, as said representations are provided for illustrative purposes only.
Art. 2 - Contract conclusion procedure
2.2 All orders are subject to the acceptance by Generalcom, which reserves the right, at its sole discretion, not to accept them if, for example, a Customer does not qualify as final consumer or if the Ordered Products have become unavailable, even after the Order's transmission. Simultaneous access by several users/Customers and, consequently, the possibility of simultaneous "on-line" orders may in fact change the Products' availability.
2.3 In case of non-acceptance of an Order, Generalcom will notify the Customer promptly, and in any event within 48 hours, by email and will refund the Sale Price paid within 10 working days.
2.4 The Agreement shall be deemed to have been concluded only upon receipt, at the e-mail address specified by the Customer, of the email communicating Generalcom's acceptance of the Order received. This confirmation message will include: i) the date and time of receipt of the Order; ii) a summary of the information already included in the Order; iii) the "Customer Order Number" to be used in any further communication sent to Generalcom with reference to this Order. iv) the rights and the procedures for withdrawal and refund as per art. 6 of these General Conditions of Sale.
2.5 The invoice relative to the payment of the Sale Price will be included in the package containing the Ordered Products, which will be delivered to the carrier pursuant to art. 5 hereinafter.
2.6 Until such delivery, the Customer can notify Generalcom of any errors included in the Order.
2.7 The Customer can also check the Order's status by accessing his personal area of the Site (denominated 'Profile') under 'Order Status'.
2.8 Where only part of the Ordered Products is available, Generalcom will send to the Customer's email address a proposed amended Order for the sale of only those Ordered Products which are available and, where possible, will freeze the payment made by credit card or Paypal.
2.9 Within 48 hours from the receipt of such notification, the Customer has the right to: i) accept the amended Order proposed by Generalcom and receive the Ordered Products which are available as well as a refund of the Sale Price for the Ordered Products which are not available; or, alternatively, ii) reject the proposed amended Order and obtain a refund for the entire Sale Price paid to Generalcom in the shortest time possible and in any event within 10 working days from the date of the Customer's rejection.
2.10 If the Customer does not express his preference within 48 hours, the proposed amended Order shall be deemed to be rejected and Generalcom will refund the full amount paid by the Customer in the shortest time possible and in any event within ten days from the expiry of the above-mentioned period.
Article 3 - Price
3.1 The Product Price, the shipping costs and the payment methods set out in the Site are expressed in Euros.
3.2 The Product Price does not include the Shipping costs. These are calculated and specified in the purchase procedure before the Order confirmation by the Customer and are included within the Order Summary web page.
3.3 Shipping costs are payable by the Customer, except various promotions, for Orders of less than € 100.00 (excluding shipping costs) and, in any event, for deliveries outside the Italian territory.
3.4 Generalcom reserves the right to change the Product Prices shown on the Site at any time. These changes shall be applicable to any Orders sent from their publication onto the Site.
Art. 4 Payment methods
4.1 The Sale Price must be paid to Generalcom upon the Order's transmission, by PayPal (which will manage the protection of the Customer's sensitive data), via the Stripe circuit (all major credit cards), or by bank transfer. Upon transmission of the Order the Customer will be taken, depending on the preference expressed, to the PayPal login page, the page of the Stripe circuit or the page containing the data required to carry out the bank transfer. The Order's Sale Price is debited from your PayPal account or from the credit card used on the Stripe circuit, at the time the Order is acquired.
4.2 In the event that the sale is not completed successfully, or if the Customer has exercised his right of withdrawal with respect to all or part of the Ordered Products, pursuant to art. 6 hereinafter, the Sale Price, i.e. the Price of the Product/s minus the expenses referred to in paragraph 6.5 below, will be refunded to the Customer's PayPal account or credit card used for payment with the Stripe circuit, or to the current account from which the transfer was made.
4.3 In no event shall Generalcom be liable for any damages, either direct or indirect, caused by a delay due to the lack of clearance of the Sale Price by PayPal and/or the Stripe circuit. At no time during the purchase process does the customer's financial information become known to Generalcom. No computer data storage of Generalcom's contains or stores such data. For every transaction carried out with his/her PayPal account the Customer will receive a confirmation email from PayPal.
Art. 5 - Transport and delivery methods
5.1 The Ordered products will be delivered by courier to the delivery address specified by the Customer in the Order. Shipping costs for all countries are listed in the attachment A
5.2 The delivery times for Italy and other countries specified on the Site depend exclusively on the carrier and could be subject to change; said times are therefore given as a guide and are not binding on Generalcom's.
5.3 Generalcom hereby undertakes to deliver the Ordered Products to the carrier within 5 working days from the Contract's conclusion and from the successful payment of the Sale Price by the Customer by PayPal or credit card, or by crediting the same to Generalcom's current account by bank transfer.
5.4 Generalcom cannot be held responsible for any delay in the processing of an Order or the delivery of the Ordered Products to the carrier.
5.5 Upon delivery of the Ordered Product to the courier Generalcom is released from any obligations and any transport-related risks are therefore the Customer's responsibility. Where required by the Customer, Generalcom will send the Customer a tracking number to check the shipment's status.
5.6 Upon delivery of the Ordered Products the Customer is required to check that the number of parcels corresponds to the number specified in the courier's accompanying document and that the packaging of the Ordered Products is intact and is not damaged, wet or has not been tampered with.
5.7 Any external damage or lack of correspondence of the number of packages or specifications must be reported immediately to the delivering courier by writing "accepted under reserve" on the appropriate accompanying document. After signing the courier's transport document without reservation the Customer will not be able to make any objection as to the delivered parcel's appearance.
Art. 6 - Right of withdrawal and refund
6.1 The Customer has the right to withdraw from the Contract without incurring any penalty and without giving any reason, within fourteen working days from the day of receipt of the Ordered Products according to these General Terms and Conditions, by sending a notification there of to the email address email@example.com with the withdrawal form which can be printed following this link.
6.2 The right to withdraw by the Customer is subject to the following mandatory conditions: i) the right must be exercised with respect to the whole Ordered Product; the right of withdrawal cannot be exercised with respect to only a part thereof; ii) the Ordered Product must be unused and undamaged, in its original packaging, complete with the original labels and the 'Salvagente' tag with which it was sent; iii) each Ordered Product must be accurately packaged in order to protect the original wrapping from any damage, writing or labelling. Returns not bearing the original labels and the 'Salvagente' seal cannot in any event be accepted.
6.3 Upon receipt of the notification referred to in art. 6.1 above, Generalcom will send by email to the Customer the label which must be printed and affixed to the parcel to return the Ordered Products which are the object of the withdrawal. Said products must be returned within the following fourteen working days to the following address: Generalcom S.p.a., Via F.lli Bronzetti,16 20129 Milan. The shipping costs for returning the Ordered Products shall be payable by the Customer.
6.4 The Customer is wholly responsible for the shipment of the Ordered Products, up to the issuing of the certificate of receipt in Generalcom's warehouses.
6.5 After receiving the Ordered Products in relation to which the right of withdrawal was exercised and having verified that the conditions referred to in art. 6.2 above have been complied with, Generalcom will refund the Sale Price, minus the shipping costs for the return of the Ordered Product/s which is/are the subject of said withdrawal, as quickly as possible and in any event within fourteen days from the date on which Generalcom became aware of the Customer's exercising the right of withdrawal. The refund will be arranged according to the procedures referred to in section 4.2.
6.6 Should Generalcom ascertain a breach of the conditions referred to in Article 6.2, the Customer will lose the right to withdraw from the Contract. In this case, Generalcom will retain the Sale Price and make the Ordered Products available to the Customer for their return.
Art. 7 - Force majeure
7.1 Generalcom cannot be held responsible for any delay and non-performance which is attributable to causes of force majeure or unforeseeable circumstances.
Art. 8 - Faults/discrepancies of the ordered products and complaints
8.1 Should the Ordered Products show any faults and/or discrepancies, these must be reported by the Customer directly to Generalcom.
8.2 Customers are entitled to exercise the consumer rights provided for by art. 130 of the Consumer Code; these rights must be exercised within the terms provided for by art. 132 of the same Code.
8.3 Any complaint must be addressed to Generalcom, Via Compagnoni 1, 20129 - Milano and sent by email to the address firstname.lastname@example.org or faxed to 39 02710101.
Art. 9 - Guarantees
9.1 The guarantees are exclusively those provided for by the law.
9.2 Customers are in any event entitled to the legal guarantee of conformity for goods referred to in part IV, heading III of the Consumer Code.
Art. 10 - Amendments to the General Conditions
10.1 Generalcom reserves the right to modify the General Conditions with effect from the publication on the Site of the relevant changes. Any orders transmitted to Generalcom are subject to the General Conditions in force at the time of their transmission.
10.2 No amendment or addition may be made to the General Conditions by the Customer without Generalcom's prior express consent.
Art. 11 - Intellectual Property
11.1 The Site and any materials and documents published therein, of any nature whatsoever (for example, sound files, videos, photographs, individual images or footage, drawings etc.) are the full and exclusive property of Generalcom.
11.2 The trademarks, names, and the company names, logos and, in general, any distinctive features used in the Site are the full and exclusive property of Generalcom, or in any event of its successors in title, and are protected in accordance with the relative applicable laws. Any reproduction or use thereof is prohibited.
11.3 Any internet site which Users may access by means of links comprised within the Site is the property of third parties and as such is beyond the control of Generalcom.
Art. 12 - Applicable law and disputes
12.1 The General Conditions are written in Italian and English; in case of discrepancy between the two texts the Italian language shall prevail.
12.2 The General Conditions and all sales of Products on the Site are governed by the Italian law, irrespective of an Order's place of delivery.
12.3 The court designated under the applicable statutory provisions shall have jurisdiction for any dispute arising from the existence, interpretation, execution or termination of these General Conditions and/or of the Contract.
12.4 As an alternative to the procedure set out in paragraph 12.3 above, Customers may resort to the out-of-court dispute settlement procedures, as per Part V, Title II bis of the Consumer Code.
Art. 13 - Invalidity of the terms and conditions
13.1 If for any reason whatsoever one of the parts of the General Conditions should prove to be invalid or unenforceable, the validity and effectiveness of the remaining terms and conditions shall not be affected.
Shipping and return costs
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