Please read carefully these General Sales Conditions before making any purchase. By making any purchase, you fully accept these General Sales Conditions.
GENERAL SALES AND USE CONDITIONS
These General Sales Conditions (hereinafter "General Conditions") are drafted in compliance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 concerning information society and electronic commerce services and Legislative Decree n. 206 of 06.09.2005 modified by Legislative Decree 21.02.2014 n.21 (so-called Consumer Code), and, in particular, to Chapter I of Title III of Part III (articles 45 to 67), and regulate the offer and sale of products through the website www.sdaysint.com (hereinafter the Website).
The products with “SDAYS” brand, sold on the Website (hereinafter the Products, also in their individual form) are sold by S Days International Tekstil Danismanlik Ve Ticaret Limited Sirketi with registered office in Altedo di Malalbergo (BO) (40051) - Italy - Via Nazionale 182/A (Vat no. 03828191209 – R.E.A. 550187) owner of the Website. All communications must be sent to the Commercial Office in Via Nazionale 182/A 40051 Altedo di Malbergo (BO) - Italy.
1) Field of application
1.1 The General Conditions apply and govern all sales contracts concluded through the Website by S Days International as identified above, hereinafter "the Seller".
1.2 The General Conditions may be changed at any time; each User, therefore, is required to consult the aforementioned, before proceeding with any purchase.
1.3 In any case, the version of the General Conditions in force on the date of dispatch of the purchase order will be applied to each sale.
1.4 The General Conditions apply regardless of the User's nationality, provided that the delivery of the products must take place in one of the countries for which the Site provides the online sales service and that this country corresponds to that of the country of User registration.
2) Shipping Countries
2.1 The purchase of the Products through the Website is currently possible in the countries specified in the Website in the “Shipping” Area.
2.2 The Seller reserves the right to restrict the list of countries referred to in point 2.1.
3) Purchases on the Site - Restriction
3.1 The purchase of Products on the Site is reserved exclusively for natural persons acting as consumers and who are over eighteen years old. Children under the age of 18 will only be able to purchase products by involving a parent or guardian.
3.2 By consumer we mean the natural person who acts for purposes unrelated to the commercial, entrepreneurial, artisan and professional activity carried out.
3.3 In consideration of his commercial policy, the Seller reserves the right not to accept purchase order proposals made electronically through the site from parties other than the "consumer" or in any case purchase order proposals that do not conform to its own commercial policy. For example, order proposals for which there is a report or suspicion of fraudulent or illegal activities. In such cases the Seller will notify the User of the rejection of the order proposal.
All order proposals sent to the Seller and returns made by Users must correspond to normal consumption needs. The Seller therefore monitors the number of order proposals submitted and the returns made.
3.4 The purchase made through the Website entails for the User full knowledge and acceptance, without reservations, of the General Conditions.
4) Information aiming at concluding the Contract with the Seller pursuant to Legislative Decree 9/4/03 n.70
4.1 To purchase online, the User must complete the appropriate form on the Website;
4.2 It is forbidden for the User to enter data, in whole or in part, untruthful; the personal data and e-mail communicated must, therefore, be personal and real, and not of third parties and / or fantasy.
4.3 The User, by filling in the form, attests, under his own exclusive responsibility:
- the correctness and truthfulness of the data required to activate the service;
- to have completed the eighteenth year of age;
iii. to act as a consumer.
4.4 Once the form has been filled in, the User must complete an order proposal form in electronic format prepared by the Seller and send it electronically, following the instructions indicated.
4.5 As required by law, before confirming the order, the Seller will make available to the User all information pursuant to art. 49 of the Consumer Code with particular but not exhaustive reference to the main characteristics of the products, to the right of withdrawal and to the total price including taxes and shipping costs, indicating that any customs fees will be charged to the User; the information concerning the right of withdrawal, in particular, is provided by means of the standard instructions on the right of withdrawal referred to in Attachment I part A pursuant to art. 1 paragraph 1 of Legislative Decree No. 21 dated 02.21.2014.
4.6 As required by art. 51 paragraph 3 of Legislative Decree no. 206/2005, the function envisaged to forward the order proposal contains the specification "Order with obligation to pay".
4.7 In order to complete each order, the User is required to confirm the economic transaction concerning the payment of the Products' price included in the cart and the shipping costs. The payment will be processed by Shopify Payment Gateway.
4.8 Orders that do not register the corresponding economic transaction are automatically canceled.
4.9 Upon receipt of confirmation of the validity of the means of payment indicated in the order and confirmation of the same, the Seller will send to the User, by e-mail, to the e-mail address communicated during the login, a written confirmation of the order, as required by art. 51 paragraph 7 of Legislative Decree no. 206/2005.
4.10 The presentation of Products through the Website constitutes an invitation to offer; the completion and the correct sending of an order through the Website will be considered as a contractual purchase proposal.
The receipt of the order which does not yet constitute acceptance of the proposal will be communicated via e-mail. In fact, the order must be subjected to a data verification and availability procedure for the products and the shipper.
The contract will be concluded only when a separate e-mail of acceptance of the purchase proposal will be sent, which will also contain information on the shipment of the product, the date scheduled for delivery and more generally the information required by art. 49 Consumer Code.
4.11 The Seller reserves the right not to accept the order in the event of failure to authorize payment by credit card by the relevant operator or in the event of unavailability of the products or actual and real impossibility of delivery to the place of destination communicated to him by the shipper.
4.12 If the order is not accepted, the Seller will promptly notify the User by e-mail.
4.13 The User can, at any time, monitor the status of his order, through the appropriate section "Track my order".
4.14 The User, in any case, is always required to keep the order number communicated to him by the Seller, as said number must be indicated in any communication with the Seller.
4.15 The languages available to conclude a sales contract through the Website are Italian and English.
4.16 Once the online purchase procedure has been completed, the User undertakes to maintain the General Conditions and the information on withdrawal and privacy, including printing them. The same will have already been viewed and accepted.
4.17 The order of the User, the confirmation of the order of the Seller and the conditions applicable to the relationship between the parties will be filed electronically by the Seller in his computer systems and the User may request a copy by sending a notice by email to the Seller at: email@example.com
5) Choice and availability of the Products
5.1 The Products offered for sale through the Website are articles of clothing and accessories, with the “SDAYS” brand. They are present in the catalogue published on the Seller's website at the time of the order by the User.
5.2 The Product catalogue may be periodically updated by the Seller, who, therefore, does not give any guarantee as to the permanence of a product among those available online; under no circumstances will the Seller guarantee the availability of all sizes / versions for each item / color in the catalogue.
5.3 In the Products catalogue, each product is accompanied by a descriptive sheet that illustrates the main characteristics; the images and the colors of the Products present in the descriptive sheets could, not correspond faithfully to the real ones, due to the settings of the computer systems or the devices used by the User to view the Site. The images published, therefore, must be understood indicative and subject to normal tolerances of use.
6) Prices, Purchase Conditions and Payment Methods
6.1 The sales prices are those published on-line at the time of completion of the order and are inclusive of VAT, if applicable according to the country of shipment of the Products; prices are expressed in local currency of the client.
6.2 The prices indicated in the online catalogue may be subject to change without prior notice. It is the responsibility of the User, therefore, to ascertain the final price before sending the purchase order.
6.3 The Seller also reserves the right to apply different selling prices depending on the country of delivery of the Products.
6.4 The payment of the Products can be made only in the following ways:
- Credit card (Visa, Mastercard, Maestro, American Express);
- Google Pay;
6.5 Financial information (such as the credit card number or expiry date) will be forwarded, via encrypted protocol, to the institutions that provide the related electronic payment services at a distance without any third parties having access to them in any way. This information will also never be used by the Seller except to complete the purchase procedures and to issue the related refunds in the event of any returns of products following the exercise of the right of withdrawal by the User or when necessary prevent or report fraud to the site to the police.
6.6 The sale price is debited when the order is shipped.
7) Delivery Methods, Expenses and Other Charges
7.1 The Products are delivered, through affiliated couriers, directly to the User, to the shipping address specified by the User during the order.
7.2 The Website allows you to request delivery of the Products to a different address than the User's own. In any case, it is the responsibility of the User to indicate all the references necessary for the success of the delivery (for example, for the address of a third party, specify the name on the bell / intercom from which to make the delivery).
7.3 It is not possible to pick-up the Products purchased through the Website directly from the Seller's warehouse.
7.4 The shipping costs provided may vary depending on the country chosen by the User, as shown in the table available on the site, which may change.
7.5 If the Products are to be delivered in a country not belonging to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the User undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered. The User is invited to inquire with the competent bodies of his country of residence or of Products destinations, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
7.6 The User is solely responsible for any additional costs, charges, taxes and / or duties that a given country may apply to any Products in accordance with these Conditions.
7.7 The User declares that the lack of knowledge of the costs, charges, taxes and / or duties referred to in the previous paragraphs. 6.3 and 6.4., at the time an order is sent to the Seller, it cannot constitute a cause for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
7.8 The costs and any additional costs shall be borne by the User. The amount of the shipping costs as regards only the cost of the courier will in any case be specifically and separately indicated in the order summary before the User transmits it, as well as in the order confirmation e-mail referred to in Article 4.
7.9 Upon delivery of the Products to the courier, the User will receive a confirmation notice from the Seller by e-mail, in which the details of the shipment will be specifically indicated.
7.10 Products delivery times vary depending on the destination countries.
7.11 Delivery is expected within 3-5 working days unless delays due to customs controls not dependent on the will of the Seller.
Failure to deliver within the aforementioned terms will not constitute non-fulfillment if the Products will be delivered without undue delay and in any case within thirty days pursuant to art. 61 of the Consumer Code. Beyond this deadline, if the User does not intend to grant an additional term, he may request the termination of the contract and the return of the amount paid pursuant to the aforementioned article.
7.12 Both in Italy and abroad, the delivery procedure provides that, in the absence of the recipient at the time of the courier's access, the appointee will leave a notice, in order to subsequently perfect the shipment, in which will be indicated contact details to arrange the second delivery.
7.13 The User always has the possibility to check the status of his order in the specific section "Track my order".
7.14 The delivery of the Products is considered completed when the consumer, or the third party designated by him and different from the carrier, enters materially into the possession of the goods; from that moment, as by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
8) User Obligations on Delivery
8.1 The User acknowledges that the pick-up of the Products represents an obligation deriving from the sales contract concluded with the Seller.
8.2 In the event of non-delivery due to the absence of the recipient on the occasion of the attempts envisaged by the procedure applied by the courier, the package will remain in storage with any costs to be borne by the User.
8.3 If in the terms indicated by the courier in the notice left to the User, the package is not picked-up, it will be returned to the Seller.
8.4. In the case referred to in point 8.3, the contract must be considered terminated by law pursuant to art. 1456 cc, with simple communication by the Seller sent by e-mail to the User, and, therefore, the order will be canceled for all purposes. Within 15 days of the aforementioned communication, the Seller will then refund the total amount paid by the User for the Products, minus the costs of the unsuccessful shipment, the costs of returning the Products to the Seller and each any other expenses that the Seller has incurred due to non-delivery due to the absence or inactivity of the User in fulfilling the obligation to receive the delivery.
8.5 The refund due under Article 8.4 will be credited to the same payment method used by the User.
8.6 Following the communication referred to in paragraph 8.4, the User who intends to request the delivery of the Products must necessarily proceed with a new order.
8.7. The Seller reserves the right to refuse orders from Users against whom the Seller has previously invoked the express termination clause referred to in paragraph 8.4. for non-fulfillment of the obligation to receive delivery of the Products.
8.8 Upon receipt of the Products, the Customer is required to verify the conformity of the same in relation to the order, paying particular attention to:
- the number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
- the package is intact and not damaged or tampered with.
Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing directly on the courier's transport document, and the User must refuse delivery. At the same time, the User will be required to report the fact to the Customer Service of the Seller, through the “Contacts” area or with an e-mail to firstname.lastname@example.org
8.9 The User is therefore invited to sign the transport document only after the checks referred to in Article 8.8.
8.10 If the User does not proceed in accordance with the preceding points, and, therefore, accept the delivery of the Products even in the case of packaging damaged or tampered with, the User will lapse the legal guarantee of conformity of the Products.
9) Right of Withdrawal
9.1 The User, as a consumer, has the right to terminate the Product sales contract, as established by art. 52 of Legislative Decree n.206 / 2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User can exercise the withdrawal within 14 days from the moment in which the User, or the third party other than the carrier and designated by the User, get hold of the Products.
9.3 Before the expiry of the term pursuant to art. 9.3, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may:
- i) use the withdrawal form, prepared in accordance with Attachment I Part B of the Consumer Code, which was made available before the conclusion of the contract, as required by Article 49 paragraph 1 letter h) of the aforementioned Code, or to present to the Seller any other explicit declaration of its decision to withdraw from the contract, and send the aforesaid by registered letter, e-mail or fax to the contacts already indicated in the instructions on the right of withdrawal, received before the order.
- ii) Complete and send the withdrawal form electronically or any other declaration on the site by accessing the “Contatcts” section; in the event that the User chooses this option, the Seller will immediately send him a confirmation of receipt of the withdrawal by e-mail as provided for by art. 54 co.3 of the Consumer Code.
9.4 The withdrawal period will be considered as respected with the sending of the withdrawal notice before the expiry of the above indicated 14 days from the delivery of the product.
9.5 In the withdrawal notice the User must specify the Products for which he intends to exercise the withdrawal.
9.6 Once the withdrawal has been exercised, the User must return the Products, without undue delay and in any case within 14 days from the date on which he communicated to the Seller his decision to withdraw from the contract by sending the aforementioned to the following address, already indicated in the instructions on the right of withdrawal referred to in Attachment I Part A pursuant to art. 1 paragraph 1 of Legislative Decree No. 21 dated 02.21.2014:
S DAYS INTERNATIONAL
Via Nazionale 182/A 40051 Altedo di Malalbergo (BO) - Italy
9.7 The right of withdrawal - in addition to compliance with the terms and methods described in the previous paragraphs - is considered exercised correctly if the following conditions are also met:
- a) The right of withdrawal must be regularly exercised within fourteen (14) days of receipt of the products;
- b) the products must not have been used, worn, washed;
- c) the identification tag must still be attached to the products as originally;
- d) the products must be returned in their original packaging;
- e) the returned products must be delivered to the shipper within fourteen (14) days from when the User has notified the Seller of the intention to withdraw from the contract;
- f) the products must not be damaged.
9.8 The Seller will make the necessary checks in order to verify the conformity of the returned products to the conditions and terms indicated in the previous paragraphs.
If the right of withdrawal is exercised according to the methods and terms indicated above, the Seller will send the User confirmation of acceptance of the returned products to the User via e-mail, and will refund the User for the total price of the products, excluding delivery costs, without delay and in any case within 14 days from the date on which the Seller receives the goods in its warehouse; the refund will be made using the same payment method used by the User for the sale in relation to which the withdrawal was exercised.
9.9 The Seller will therefore be entitled to withhold the refund until he has received the Products
9.10 The direct costs for the return of the Products will be borne by the User who exercises the withdrawal.
9.11 For the sole purpose of complying with the return term, the Products are intended as shipped when they are delivered to the courier.
9.12 For the return of the Product the User may use a courier of his choice.
9.13 All risks of loss or damage to the Products during shipment to the Seller for return are borne by the User.
9.14 As required by art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the decrease in value of the Products returned resulting from a manipulation of the aforementioned that is different from that necessary to establish its nature, characteristics and functioning.
9.15 If the User does not comply with the methods and terms for the exercise of the right of withdrawal referred to in letters a) e) f) of the previous paragraph 9.8 or in the case referred to in Article 59 of the Consumer Code, will not be entitled to refund of the amounts already paid to the seller. The Seller will communicate to the User via e-mail the non-acceptance of the return. Within 14 days of receipt of the e-mail from the Seller, the User may choose to obtain, at his own expense, the products in the state in which they were returned to the Seller, giving notice thereof in the way that will be communicated in the e-mail. Otherwise the User will be understood as having renounced the redelivery and the Seller will be able to withhold the products in addition to the sums already paid for their purchase or the amount indicated for the deduction of the refund due to the decrease in value of the returned products.
9.16 In the event that, upon receipt of the return delivery, the Seller finds a decrease in the value of the Products attributable to the User in the transport or in the cases referred to in lett. b) c) d) of the previous paragraph 9.8, the Seller will have the right to set off the amount corresponding to the aforementioned decrease in value with the amount to be refunded to the User as a result of withdrawal; in this case, the Seller will notify the User within 14 days of receipt of the return. Within 14 days of receipt of the e-mail from the Seller, the User may choose to obtain, at his own expense, the products in the state in which they were returned to the Seller, giving notice thereof in the manner that will be communicated in the e-mail.
10) Legal Compliance Guarantee
10.1 All Products sold through the Website enjoy the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer.
10.2 The Seller is liable to the User for any lack of conformity of the Products existing at the time of delivery of the aforementioned, which occur within two years of delivery.
10.3. To benefit from the guarantee above, the User must notify the Seller of the lack of conformity within two months from the discovery, under penalty of forfeiture, by sending an e-mail to email@example.com; this report must contain an accurate and complete description of the alleged defects with photographs in attachment.
10.4 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 and the instructions / warnings provided by the Seller and / or by the Owner, or reported in the illustrative documentation of reference, in the tags or labels and for any flaws or damage caused by accidental facts or by the User's responsibility or by use of the Products not conforming to the relative intended use, or from normal wear and tear.
10.5 The Customer Service will verify the communication of the User, giving him instructions for the shipment of the defective product, which will take place at the Seller's expense. The authorization to return the products will not in any way constitute the recognition of defects or non-conformities.
10.6 The Seller will ask the User to attach to the Product for which it intends to enforce the guarantee the purchase invoice or other document certifying the date of completion of the sale.
10.7 If operating, the legal guarantee of conformity entitles the User to obtain the repair or free replacement of the Product, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other available.
10.8 The User will have the right to request, at his choice, a reasonable price reduction or the termination of the sales contract, only if the repair or replacement is impossible or excessively expensive, or repair or replacement has not taken place within the time limit congruous or the repair or replacement carried out have caused considerable inconvenience to the User.
10.9 In no case does a minor lack of conformity give the right to terminate the contract.
11.1 Users' data is processed in compliance with Legislative Decree 196/2003 as amended by Legislative Decree 101 of 10/8/18 (Privacy Code) and EU Reg. (GDPR) 2016/679 dated 27/4 / 16, as specified in the information on the processing of personal data given to the User when completing the login form.
12) Customer Service, Complaints and Communications
12.1. The following contact details are provided to the User for any further information, for assistance or to submit complaints and withdrawals:
S DAYS INTERNATIONAL
Via Nazionale 182/A; Zip code: 40051 Altedo di Malalbergo (BO) - Italy
Telephone: +39 051 19873569
12.2 All communications that pursuant to the General Conditions are made by e-mail will be sent to the address communicated by the User during the Login phase.
13) Governing law
The sales contract concluded under the General Conditions is governed by Italian law.
14) Place of jurisdiction
14.1 In the event of disputes between the Seller and a Consumer, S Days International guarantees right now its participation in a friendly conciliation attempt that each User can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration 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 a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, go to www.risolvionline.com.
14.2. As an alternative to the conciliation attempt referred to in point 14.1 above, the Consumer also has the right to access 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 n. 524/2013, in order to facilitate independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) that has joined you, selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated in the European ODR Platform is as follows: firstname.lastname@example.org
14.3. If the attempt at conciliation pursuant to the previous point 14.1 or 14.2 is not adhered to, or if such an attempt should have a negative outcome, the dispute will be referred to the judge of the place of residence or domicile of the User.
Information concerning the exercise of the right of withdrawal
Attachment 1 A) Instructions on withdrawal - pursuant to article 49, paragraph 4,
Right of withdrawal
You have the right to withdraw from the contract, without giving any reasons, within 14 days.
The withdrawal period will expire after 14 days from the day you or the third party indicated by you acquire physical possession of the products.
To exercise the right of withdrawal, you must inform us at the following address: Via Nazionale 182/A 40051 Altedo di Malalbergo (BO) e-mail: email@example.com or telephone: +39 051 19873569 of your decision to withdraw from this contract through an explicit declaration (for example letter sent by post, fax or e-mail).
To this end, you can use the enclosed withdrawal form. The form is not mandatory since as an explicit declaration of your decision to withdraw from this contract is valid.
To comply with the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the withdrawal
If you withdraw from this contract, you will be refunded for all payments made to us, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery type from we offered), without undue delay and in any case within 14 days from the day we are informed of your decision to withdraw from this contract and we have had the goods returned.
The refund can be suspended until receipt of the goods or until the consumer demonstration of having sent back the goods if previous.
These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such refund.
You are kindly requested to return the goods to the address S DAYS INTERNATIONAL Via Nazionale 182/A - 40051 Altedo di Malalbergo (BO) - Italy, without undue delay and in any case within 14 days from the day in which you communicated the right to withdraw from this contract. The deadline is met if you send the goods before the 14-day period expires.
The direct costs of the return will be at your expense.
You are responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. Please refer to the provisions of the general terms and conditions of the contract.
- Model withdrawal form - pursuant to article 49, paragraph 1, lett. h) -
(complete and return this form only if you wish to withdraw from the contract)
- Recipient: S Days international - Via Nazionale n.182/A 40051 Altedo di Malalbergo (BO) Italy.
e-mail: firstname.lastname@example.org telephone: +39 051 19873569
- With this proposal I/we (*) notify the withdrawal of my/our (*) sales contract of the following goods/services (*) :
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Consumer address
- Consumer signature
(only if this form is notified on paper)
(*) Delete the useless wording. "