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Conditions of Sale

Conditions of sale

 

The products displayed on the Stefanel website (hereinafter “the products” or “the Stefanel products”) are offered for sale by Triboo Digitale S.r.l., registered office at Viale Sarca 336 - 20126 - Milano, tax reference 02912880966 and REA MI - 1901658, email address stefanel.customercare@fullycommerce.com.

 

ARTICLE 1: SUBJECT MATTER

These general conditions of sale govern the terms of every contract of sale relating to a purchase made using the Stefanel e-commerce site (hereinafter “the Site”). The Site is owned by Stefanel SpA, registered office at via Postumia 85, Ponte di Piave (TV), Italy (hereinafter “Stefanel”) and managed by Triboo Digitale S.r.l., registered office at Viale Sarca 336 - 20126 - Milano, Italy, VAT number and tax reference 02912880966, entered on the REA MI - 1901658.

Triboo Digitale S.r.l. holds a concession from Stefanel for the sale of products through the Site. Any purchase made through the Site shall take the form of a contract between Triboo Digitale S.r.l. (hereinafter “the Seller”) as seller and the purchaser in question (hereinafter “the Purchaser”), that is to say the person or body proposing to purchase one or more products through the Site, and no other person shall be party to that contract. (The Seller and the Purchaser are hereinafter together referred to as “the Parties”.)

Stefanel is not a party to the contract of sale, but remains solely entitled to all rights over the Site domain names, logos and registered trade marks relating to products displayed on the Site and is the copyright owner in relation to the Site and its contents.

Any notice by the Purchaser in relation to the contract of sale, including information, complaints and requests concerning the purchase and delivery of products, the cancellation of orders etc., must be sent exclusively to the Seller (Triboo Digitale S.r.l.) using the contact details published on the Site, in particular to the email address stefanel.customercare@fullycommerce.com

 

Every purchase is subject to the general conditions of sale as displayed on the Site at the time when the contract becomes binding in accordance with article 2 below of this contract.

The Site is intended for the sole use of consumers, that is to say that it is reserved for retail sales. The right to purchase products on the Site is accordingly confined to “consumers” as defined in the legislation in force, namely “any individual acting for purposes unconnected to any business, commercial, craft or professional activity which he may carry on”. Should the Purchaser not be a “consumer” he is requested to refrain from placing orders with the Seller.

The Purchaser accepts that the confirmation of information concerning the order placed by him and the general conditions of sale contained in this contract may be sent to him by email at the address provided by the Purchaser to the Seller in the course of registration on the Site.

This contract is only valid if the Purchaser has attained the age of majority (18 years) and has contractual capacity; the Purchaser confirms that this is the case.

The Purchaser shall bear any costs necessary for connecting to the Site by the Internet (including any telephone charges) in accordance with the scale of charges applied by the service provider chosen by the Purchaser.

 

ARTICLE 2: FORMATION OF CONTRACTS OF SALE

The confirmation and sending of an order by the Customer (“Customer” here means any user of the www.stefanel.com website who accesses the e-commerce check-out), in accordance with the instructions appearing from time to time on the web pages, shall be taken as meaning that the Customer has seen and fully accepts the general conditions of sale. The contract of sale between Triboo Digitale S.r.l. and the Customer shall become binding as soon as the order is accepted by Triboo Digitale S.r.l..

Once the online purchase procedure has been completed, the Customer shall arrange to print or save an electronic copy of, and in any event to retain, these general conditions of sale, in accordance with the provisions concerning distance sales of Legislative Decree no. 205/2006 of 6 September 2005 as amended or replaced from time to time (hereinafter the “Consumers’ Code”).

The Customer warrants that he is purchasing the Products for his personal use and not for the purpose of trading in them; in particular the Customer undertakes not to offer the Products for sale or display or sell or otherwise market the Products on websites or by means of so-called e-commerce.

The Customer shall in no circumstances be entitled to damages or compensation in respect of any loss or liability, whether under a contract or otherwise, arising out of the non-acceptance of an order, in whole or in part.

 

ARTICLE 3: PROCEDURE FOR PURCHASE

The Customer may only purchase products shown in the online catalogue at the time the order is placed and displayed online at the www.stefanel.com web address, as described on the relevant web pages. The order shall be treated as validly processed as soon as a notice is received in the Customer’s electronic inbox confirming authorisation of payment of the purchase price and transport and delivery costs by the Customer’s credit card, as more particularly provided in article 5 below.

The image shown on the web page relating to a product may not be an exact representation of its specifications but may differ in colour, in size, and in the accessories shown in the picture. Any supporting information for purchasers (glossary, purchasers’ guide etc.) is understood to be given only by way of general guidance, and does not relate to the actual specifications of any individual product.

Due receipt of an order shall be confirmed by Triboo Digitale S.r.l. by means of an email response, sent to the email address supplied by the Customer. This confirmation message shall specify the date and time the order was received and a customer order number to be used in all future correspondence with Triboo Digitale S.r.l.. The message must set out all data input by the Customer, all information concerning the basic specifications of the goods sold, the price shown, payment methods, means and cost of delivery and tax payable. The Customer must check the accuracy of this information and give timely notice of any corrections, in accordance with the procedures set out in this document.

If an order is declined, Triboo Digitale S.r.l. shall give timely notice of this to the Customer.

 

ARTICLE 4: PRICES

The products are sold at the prices shown in the online product list at the time that the Customer confirms the order. Before the Customer confirms the order by clicking on the appropriate button, a web page will appear listing the prices of the items in the basket, the taxes and delivery charges. This data will then be automatically reproduced on the order form which the Customer sends to Triboo Digitale S.r.l. following confirmation of the order.

 

ARTICLE 5: ACCOUNTING DOCUMENTS AND MEANS OF DELIVERY

For every order accepted and fulfilled, Triboo Digitale S.r.l. shall issue a VAT receipt (or invoice, if the Customer is not a consumer and has supplied his own VAT number in the order) in respect of the items dispatched, and send it by email to the person who has placed the order, in accordance with article 14 of Presidential Decree no. 445/2000.

For the purpose of issuing the VAT receipt (and/or invoice) Triboo Digitale S.r.l. is entitled to rely on the information supplied by the Customer while placing the order. No variation of the receipt or invoice may be made after it has been issued.

Triboo Digitale S.r.l. makes use of specialist transport companies to dispatch and deliver the goods.

As soon as the package has been taken out of our warehouses by the transport company, an email confirming dispatch shall be sent to the Customer.

To ascertain the cost and time of delivery, please press the “click here” button in the appropriate place on the order page. In calculating delivery dates, it is necessary to exclude non-working days (Saturday, Sunday, public holidays and the day before a public holiday).

Orders are processed on working days at 7:00 am Central European Time or Central European Summer Time, depending on the legal time in force in Italy.

If at the planned time of delivery the addressee is not at the address given, the transport company will contact him to arrange delivery. In addition, you may contact customer support at stefanel.customercare@fullycommerce.com to obtain information about any package that has not been delivered within the arranged time, giving the order number, name, address and town of delivery. You should also contact customer support at stefanel.customercare@fullycommerce.com if the goods cannot be delivered because the addressee cannot be found. If you do not do this, you should appreciate that, should it continue to be impossible to find the addressee or should there be repeated unsuccessful attempts at delivery, additional charges may apply.

Upon delivery of the goods by the carrier, you must check that the packaging is complete and undamaged. Any damage found must immediately be reported to the carrier making the delivery, and the Customer may refuse to accept the delivery, giving the reason. The Customer must then contact Triboo Digitale S.r.l. at stefanel.customercare@fullycommerce.com and give the reasons for refusing delivery.

If the packaging has been damaged in the course of transport but delivery has nevertheless been accepted, Triboo Digitale S.r.l. accepts no liability for losses subsequently claimed by the Customer, given that delivery of the order was accepted in full.

The delivery times shown on the Site are given by way of indication only. No compensation may be claimed from Triboo Digitale S.r.l. for any loss arising from delay or from the interruption or suspension of deliveries in whole or part not attributable to any act or omission of Triboo Digitale S.r.l. The same rule applies in the event of delays, interruptions or suspensions arising from causes such as work stoppages, industrial action, delays by suppliers, power cuts, suspension of transport etc.

All delivery costs are chargeable to the Customer and are clearly shown in the course of the order being placed.

ARTICLE 6: PAYMENT METHODS

The Customer may pay by credit card or bank transfer. When the order is placed by the Customer, the bank in question will authorise the payment of the order price through the Customer’s credit card. The amount due for the goods supplied, in whole or in part, will in fact be debited to the Customer’s credit card only when the carrier has notified Triboo Digitale S.r.l. that the ordered goods have been dispatched. If the Customer decides to return the goods in accordance with Article 6 below, Triboo Digitale S.r.l. shall refund the amount previously debited (excluding any additional costs arising from the Customer’s choice of a method of delivery other than the cheapest standard method offered by us).

At no point during the purchase process will Triboo Digitale S.r.l. be in a position to know the Customer’s credit card details, as these are sent by a protected connection directly to the bank concerned, and no electronic databank of Triboo Digitale S.r.l. will store any such data.

 

ARTICLE 7: RIGHT OF RETURN

In accordance with articles 52 and following of the Consumers’ Code (as amended by Legislative Decree no. 21 of 21 February 2014), if the Customer is a consumer (that is, an individual acting for purposes unconnected to any business, commercial, craft or professional activity which he may carry on, or who does not inform Triboo Digitale S.r.l. of his VAT number on the order form while making the purchase), he has the right to withdraw from the purchase contract for any reason, without the need to give an explanation and without any penalty, within 14 days of receiving the purchased product.

To exercise this right, the Customer must send Triboo Digitale S.r.l. explicit written notice to this effect, within 14 working days of receiving the goods: for this purpose he may use the standard withdrawal form set out at the end of this Article. This notice must be sent:

  • by registered letter with proof of receipt, addressed to: Triboo Digitale S.r.l. (Customer Service ), Viale Sarca 336 - 20126 - Milano; or
  • by fax, to 0444 276581; or
  • by email to stefanel.customercare@fullycommerce.com,

in each case, within the period of 14 days referred to above. On receiving this withdrawal notice, the customer service department of Triboo Digitale S.r.l. will promptly give the Customer instructions on how to return the goods. The consumer must then return the Product(s) or deliver them to the seller or a third party authorised by the seller to receive them, without undue delay and in any case within 14 days of the date on which he notified the Seller of his wish to withdraw from the contract.

The direct costs of delivery connected with the return of the Product shall be borne by the Customer.

The purchased Product must be returned in full and in its original state, with all accessories and any spare parts, in its original packaging, complete in all parts (including packing materials and any documents etc.).

The Customer may handle the Product to verify its nature, specifications and working, but is liable for any loss in value of the Product arising from any handling other than that necessary for this purpose.

If the Customer withdraws from this contract, he shall be reimbursed for all payments made to the Seller, including delivery costs (excluding any additional costs arising from the Customer’s choice of a method of delivery other than the cheapest standard method offered by us). This payment shall be made as soon as the Product is redelivered, or as soon as the Customer has provided proof of re-dispatch of the Product, whichever happens first. Any such reimbursement shall be made by the same means of payment as was used for the original transaction, unless otherwise expressly agreed by the Customer; in any event the Customer must not incur any cost as a result of this reimbursement.

If the goods are damaged in transit, Triboo Digitale S.r.l. shall notify the Customer of the occurrence no later than the fifth working day after receiving the goods in its warehouses, so as to allow the Customer promptly to make a formal complaint against the carrier and to obtain reimbursement for the value of the goods (if insured). In this event, the product will be made available to the Customer to enable him to obtain compensation for it, and the request for withdrawal from the contract shall be cancelled. Triboo Digitale S.r.l. accepts no liability for damage, loss or theft of goods returned by uninsured means of delivery; upon arrival at the warehouse, the product shall be examined to assess any loss or damage not caused in transit.

 

Specimen withdrawal form pursuant to Consumers’ Code article 49, subsection 1, para h)

(please complete and return this form only if you wish to withdraw from this contract)

Address for delivery

(The address of the warehouse for return of the goods will be notified by the Customer Service department of Triboo Digitale S.r.l. upon receipt of the application for return of the goods.)

I hereby give notice that I wish to withdraw from the contract of sale of the following goods/services:

list of goods/services

Order number

Ordered on

Name of Customer

Address of Customer

Signature of Customer

Date

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Please note that, under article 59 of the Consumers’ Code, there is no right to withdraw from the contract in the following cases:

1)        the supply of goods which are made to measure or clearly personalised;

2)        the supply of goods liable to rapid perishing or deterioration (for example most food and cosmetic products;

3)        the supply of sealed goods which are not suitable for return for reasons of hygiene or reasons connected with the protection of health and which have been opened following delivery (for example, this is true of all food products) .

4)        the supply of sealed audio or video recordings or IT software which has been opened following delivery;

5)        the supply of digital content by non-material means, if execution of the program was started with the express agreement of the consumer and he accepted that in this event he would lose the right of withdrawal.

 

ARTICLE 8: WARRANTY AND COMPLAINTS

All Stefanel products sold by Triboo Digitale S.r.l. are covered by the producer’s warranty in accordance with Legislative Decree 206 of 2005. To obtain assistance under this warranty, the Customer must keep the VAT receipt or invoice (or shipping list), which he will receive by email in electronic PDF format.

The Customer’s rights under the warranty can be exercised by making requests for assistance to the authorised help centres in Italian territory and/or by following the procedures set out in the documents enclosed in the packaging of the product.

The producer’s warranty is supplied in accordance with the procedures set out in the documents enclosed in the packaging of the product. If, following intervention by an authorised help centre, it is established that the defect is not covered by the producer’s warranty, the Customer shall be liable for any costs of inspection and repair charged by the help centre, as well as for any costs of carriage incurred by Triboo Digitale S.r.l..

Replacement in cases of DOA (Dead On Arrival: product not working at the time of delivery) is available only if expressly so provided by the producer. The times for the replacement or repair (if appropriate) of the product depend wholly on the policies of the producer.

If for whatever reason Triboo Digitale S.r.l. is not in a position to provide a customer with a repair or replacement for a guaranteed item, it may if it sees fit return the purchase price, taking account of the use of the item, or else replace it with a similar or superior product.

The times for the replacement or repair (if appropriate) of the product depend wholly on the policies of the producer, and Triboo Digitale S.r.l. shall not be liable for any loss incurred by reason of delay in repairing or replacing a product.

Whenever the terms of the guarantee provide for the replacement of a product, the item in question must be returned by the Customer in its original packaging, complete in all parts (including packing materials and any documents and supplementary material: manuals, containers etc.); to limit damage to the original packaging, we recommend inserting it in a second box; in any case you must avoid affixing labels or adhesive tape directly on the original packaging of the product.

The Customer will be supplied with a returns authorisation number for the product (RMA), which must be marked on the external of the packaging, following the instructions set out in the authorisation email. Any complaint must be addressed to:

Triboo Digitale S.r.l.

(Customer Service)

Viale Sarca 336 - 20126 - Milano

stefanel.customercare@fullycommerce.com

 

ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS

The Purchaser confirms that he is aware that all content on the Site is protected by copyright and by all other provisions in force concerning intellectual property: all such rights are the exclusive property of Stefanel S.p.A..

The contents of the Site may not be reproduced, in whole or in part, transferred by either electronic or conventional means, altered or used for any purpose without the prior written consent of Stefanel S.p.A.

 

ARTICLE 10: PRIVACY

You are hereby informed that, in accordance with article 13 of Legislative Decree no. 196 of 30 June 2003, personal data supplied by the Customer to Triboo Digitale S.r.l. are processed by Triboo Digitale S.r.l. and by Stefanel S.p.A. by automated and other means and input into the customer database. This is required for the purpose of establishing contractual relations and for subsequent use for legal, tax and management purposes. This data may also be used for statistical projections and commercial and promotional communications, subject to the right of the Customer to give notice at any time that he does not wish to receive further communications of this type.

The provision of data is optional, but if it is not provided it will be impossible to enter into a contract of sale and, therefore, to accept the order.

The Customer’s data may be forwarded, for the same purposes as those for which it was collected, to other companies in the group, to trading partners and to persons and bodies to whom the provision of services is outsourced. The data owner is Triboo Digitale S.r.l., registered office at Viale Sarca 336 - 20126 - Milano (Italy).

You are further informed that, in accordance with the provisions of article 7 of the Legislative Decree abovementioned, the Customer has the right, among others, to obtain:

  • confirmation of the existence of personal data concerning him;
  • the deletion, anonymising or blocking of any unlawfully processed data;
  • the updating, correction or revision of that data.

The Customer may exercise the rights referred to in article 7 by writing to: stefanel.customercare@fullycommerce.com.

 

ARTICLE 11: GOVERNING LAW AND JURISDICTION

This contract is governed by, and shall be interpreted in accordance with, Italian law, and does not incorporate the rules provided by the United Nations Convention on contracts for the international sale of goods.

All disputes, whether of a civil or criminal nature, arising from this Contract, shall be determined:

  • if the Customer is a consumer, by the court for the area containing his town of residence;
  • otherwise, by the court of Milan.