GENERAL CONDITIONS OF SALE
of the website “www.sovain-official.com”.
1.1 The General Conditions of Sale published herein shall govern the purchase agreement (hereinafter the “Agreement”) carried out by the users of the website who satisfy the conditions set out under article 1.3 below (hereinafter the “Purchasers” or “Purchaser”) through electronic means, of goods (hereinafter the “Goods”) displayed on the website www.sovain-official.com (hereinafter the “Website”), managed by Martina Spagnoli in via Pacinotti 12, Livorno, 57128 - Italy, VAT No.: 01662240496 (hereinafter, the “Seller”), email address firstname.lastname@example.org.
1.2 The General Conditions of Sale published on the Website shall be read and acknowledged by the Purchaser prior to the purchase of a Good; by sending a purchase order, the Purchaser acknowledges to have read and accepted said conditions.
1.3 The Purchaser must: (i) be over than 18 years old; (ii) be entitled to enter into a legally binding contract; (iii) have a valid e-mail address; (iv) have a valid credit card, such as Visa, American Express, MasterCard, or Paypal account.
Conclusion of the Agreement
2.1 In order to purchase the Goods, the Purchaser shall complete his/her purchase order and carry out the payment according to the procedures described herein below.
- the Purchaser may have free access to the Website and view the main features of the displayed Goods, including their price, as well as the images published to illustrate the Goods themselves
- the Purchaser can select one or more Goods that he/she intends to purchase, by including them in a virtual shopping cart. The shopping cart can always be viewed by the Purchaser prior to placing the order; moreover, by accessing the shopping cart and proceeding for the eventual purchase, the Purchaser can find out, before buying and paying, any information related to the purchase of the Goods (such as the size of the Goods, the number of Goods purchased, the final price, including VAT) including shipping charges and estimated delivery times;
- in order to place an order, the Purchaser can decide to create an account by registering on the Website with a valid email address and providing his/her contact details which will be used by the Seller to ship the Goods purchased and send the relevant invoice.
- as an alternative to the Website registration, the Purchaser will be able to make the purchase as a guest, by providing the contact details and the shipping address which will be used by the Seller to ship the Goods purchased and send the relevant invoice. In this case, the data required to complete the order will be kept in the Seller database only for the period of time necessary for the execution of the order. The Purchaser will be asked to enter such data again for each new order placed;
- in order to complete the order, the Purchaser shall also enter the data required to proceed with the payment. The Purchaser can make the payment by credit card or via Paypal. More in-depth information on the payment methods can be found both in these General Conditions of Sales and/or in the “Payment” section of the Website;
- the Purchaser may change the selected Goods and data entered up until the final submission of the order.
2.2 Once the purchase order has been received, the Seller will send an order confirmation email to the Purchaser’s e-mail address containing a summary of the order, including the amount paid by the Purchaser, and will proceed to process the order.
The order shall be deemed to be accepted and, consequently, the Agreement shall be deemed to be concluded when the Purchaser receives the order confirmation in his/her e-mail account. The Agreement will be sent in .pdf format to the Purchaser’s e-mail address; it will also be stored electronically by the Seller
2.3 More in-depth information regarding the shipping terms can be found in the “Orders & Shipping” section of this Website.
Rights and Obligations of the Seller and of the Purchasers
3.1 The Seller reserves the right not to accept orders which are abnormal in relation to the quantity of Goods purchased or the frequency of purchases made on the Website by the same Purchaser, as well as in relation to the improper or suspicious use of gift certificates.
3.2 The Seller will carry out the delivery of the Goods to the address provided by the Purchaser in the purchase order, using a dedicated courier. More in-depth information regarding the shipping timeframes, costs and locations can be found both in these General Conditions of Sales and/or in the “Orders & Shipping” section of the Website.
The Seller does not bear any responsibility for any error in the delivery of the purchased Goods that is caused by inaccuracies or incompleteness attributable to the Purchaser when filling in the purchase order. The Seller shall not be responsible either for any damage suffered by the Goods after their delivery to the courier, or for any delivery delays caused by the courier, weather conditions, international customs issues or by other circumstances which are beyond the Seller’s control.
3.3 In the event that one or more Goods are unavailable, the Seller will notify the Purchaser by sending an e-mail to the e-mail address he/she has provided at the time he/she carried out the purchase on the Website. In this case, the Seller will refund the Purchaser – through the payment method chosen by the Purchaser at the time of payment – for the sale price within a reasonable period of time and, in any case, no later than fourteen days from the day the Seller informed the Purchaser accordingly; in case the purchase relates only to that one Good which is unavailable, the Seller will reimburse also the shipping costs.
3.4 In any event, the unavailability of one or more Goods ordered shall not provide grounds for cancellation of the entire order by the Purchaser.
3.5 The Purchaser is solely responsible for the accuracy and correctness of the information and data he/she provides to the Seller and shall undertake to promptly notify them of any changes in the previously provided data.
Conformity of the Goods
4.1 The Goods shown on the Website are described through information published on the Website together with the relevant pictures.
The Purchaser is aware of the fact that, once purchasing the Goods in the “Archive” section of the Website, he/she is purchasing vintage Goods which are used and, therefore, can present signs of usage and imperfection.
In order to have further details on the Good and on its wearability, Purchasers may write an email to the Seller at the email address indicated in the “Contacts” section of this Website.
The Seller undertakes that the description and/or photographic representation of the Goods on the Website are as faithful as possible to the Goods themselves. However, given the fact that the image quality may depend on the IT tools used by the Purchaser, the Purchaser’s perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves; therefore, the images and videos accompanying the presentation of the Goods must be published on the Website as a mere description.
Unless differently indicated on the Website, the vintage Goods will not be shipped in their original packaging.
4.2 The Seller undertakes to provide the Purchaser with a legal guarantee of conformity, pursuant to articles 128 et seq. of Legislative Decree No. 206/2005, for two years after the purchase of the Goods. In case the Purchaser has purchased vintage Goods from the “Archive” section of the Website, he/she acknowledges and agrees that the legal guarantee covers only those faults and defects that have not been indicated in the description of the Goods or that do not appear in the relevant photos and that go beyond the normal wear and tear of the Goods.
The Purchaser shall promptly inform the Seller that the Good is faulty, by presenting the delivery note received and order number. The Purchaser can request an exchange of the faulty Good(s) or a refund of the purchase price and the shipping costs. If the Purchaser has purchased a vintage Good, he/she cannot request for an exchange of such vintage Good, but can only request a refund of the purchase price and of the shipping costs. The Purchaser shall promptly send back the faulty Goods to the Seller. The Seller, after having verified the condition of the faulty Goods, will take care either to exchange the faulty Goods or to refund the Purchaser promptly, as requested by the Purchaser. Further information on the return of faulty Good(s) are available at article 8 of the present General Conditions of Sales and/or in the “Returns and Exchanges” section of this Website.
4.3 The legal guarantee provided for in this article shall apply only when the Goods have been handled with due diligence and in accordance with their intended purpose.
The Seller accepts the following types of payment:
If the Purchaser choose to pay with Paypal, he/she can pay directly through his/her Paypal account. The amount will be charged once the order will be confirmed.
The Seller reserves the right to proceed with the cancellation of the order in case of payments received from unverified Paypal accounts.
The Seller will not be held responsible for the outcome of payments made online through PayPal.
- Credit Card
At the time of purchase, the Purchaser will need to enter his/her credit card details into a secure electronic banking system. The cards accepted are the following: Visa, Mastercard, American Express.
All transactions are processed through secure server, ensuring the maximum security and data protection.
Data of the credit card will be sent to the provider of online payments provided by Shopify Payment .
Due to the new PSD2 payment regulations, which is aimed at making online payments safer in Europe, when making online purchase, the Purchaser may be required to proceed with two-factor authentication depending on the value of the transaction and on the conditions applied by the Purchaser’s bank.
The Seller will not be held responsible in any way in case of fraudulent or illegal use of credit cards and other means of payment, upon payment of the Goods purchased, that may be made by third parties.
Charge to Credit Card
The total price of the Goods purchased, including the shipping costs, will be charged at the time the order is confirmed.
Following the finalization of the payment procedure, the Purchaser will receive an email of the order confirmation.
The Seller will not be held responsible for the outcome of payments made online by credit card.
Prices and currency
Prices on the Website are published in Euro (EUR) for all the shipping countries.
To Purchasers who carry out transactions outside the European Union, the Seller kindly suggests to contact their bank and be advised about the value of the price’s conversion and about the bank commissions related to the transaction.
Purchasers who have received a promo code via newsletters, social networks or by other means authorized by the Seller may enter the code when purchasing the order or during the checkout. Each code has a validity start and end date restricting its use, which cannot be extended.
Order Processing and shipment
7.1 Once an order has been placed, the order and any other information provided cannot be changed. Orders placed separately will be dispatched separately.
7.2 The Seller reserves the right not to accept orders which are abnormal in relation to the quantity of Goods purchased or the frequency of purchases made on the Website by the same customer, as well as in relation to the improper or suspicious use of gift certificates.
The Seller reserves the right to refuse an order in the case in which the Seller does not obtain the approval of the payment from customer’s bank.
The Seller reserves the right to delay any shipment in case the Seller cannot properly process orders due to any reasonable causes that are irrelevant to the Seller’s control.
7.3 Once the availability of the Good(s) has been confirmed and payment has been approved by the Purchaser’s bank, the order will be processed within the next working day.
The Seller processes orders in Italy, from Monday through Friday. Orders placed from Friday evening to Sunday will be processed the following Monday.
The Purchaser will receive orders indicatively within 4-5 business days after the order has been accepted.
Please note that during seasonal sales and promotional sales, there may be delays in order processing.
7.4 The Seller suggests Purchasers to visit the website of the courier in order to monitor the status of the order.
7.5 The Seller delivers parcels via DHL Express and it cannot be held responsible for delays of the shipments due to meteorological conditions, customs inspections and other circumstances that are irrelevant to the Seller’s control.
7.6 According to the current international regulations of commerce, inside the parcel there will be an official invoice along with the merchandise. The invoice will include the number of Goods purchased, the total amount of the purchased merchandise in the same currency of the original order, including VAT, and the amount of any single Good purchased.
7.7 Shipping costs for each specific geographic area are listed below.
ITALY – Euro 12
EUROPEAN COUNTRIES (including United Kingdom) – Euro 25
REST OF THE WORLD – Euro 40
Please note that customers will take care of any duty and tax fees, when applicable. The Purchaser will correspond this amount to the courier service, according to the process recommended by the courier service itself.
7.8 When the order will be delivered to the courier service, the Purchaser will receive an email from the courier providing the tracking number related to the order.
In order to monitor the status of the order, the Purchaser may visit the courier official website and insert the tracking number in the specific area where it is possible to track your shipment.
7.9 Once the parcel is delivered to the Purchaser, he/she is kindly invited to carefully inspect the parcel before signing and confirming the completed delivery of the same.
If the Purchaser receives a parcel that has been opened by Customs or by the courier service for authorized inspections, the parcel will be closed with a tape as a warranty seal.
In case the parcel results damaged, the Purchaser is kindly invited to immediately contact the Seller at the e-mail address indicated in the “Contacts” section of the Website and to return to the Seller the package in the same condition he/she has received it, including the original packaging, in order to allow the Seller to file a claim against DHL within 30 days from the date of delivery of the parcel under penalty of forfeiture.
Returns and Exchanges
8.1 If the Purchaser is a consumer, in accordance with the provisions of the Consumer Code, the Purchaser is entitled to withdraw from the Agreement without paying penalties and without specifying his/her reasons within fourteen days from receipt of the Goods.
8.2 Should the Purchaser wish to exercise this right of withdrawal, within the above-mentioned term of fourteen days, he/she send an email to the Customer Service at the email address email@example.com by indicating the order number, his/her name, his/her contact details, his/her address, and, if he/she wishes, mentioning the reason of the refund or of the exchange of the Good purchased. By exercising the right of withdrawal, the Purchaser will obtain a refund of the Good purchased.
After submitting the request of return, the Seller will send via email to the Purchaser the “Import” code of the DHL courier; the Purchaser shall then contact DHL and communicate the relevant “Import” code in order to organize the pick-up of the parcel to be returned.
8.3 In case the Purchaser exercise the right of withdrawal, the Purchaser shall return the Good(s) to the Seller within fourteen days from the day the Purchaser send the withdrawal communication to the Seller.
8.4 The essential condition to exercise the right of withdrawal will be the substantial integrity of the Good(s) being returned.
8.5 In particular, the Good(s) must be returned:
- properly packaged in their original packaging, in perfect condition for resale (not ruined, damaged or dirtied) and with all accessories and documentation, if present at the moment of the delivery. In case of return of vintage Goods, they should return in the same conditions in which they were delivered.
- bearing the delivery note (found in the original packaging) to allow the Seller to identify the Purchaser (which include order number, name, surname and address).
8.6 Returns that are authorized by Seller must be shipped from the same country of shipment to which Seller sent the package.
8.7 In case the Purchaser requests the refund of the Good(s) purchased, after the Seller has received the Good(s) back and has ascertained that the conditions indicated at article 8.5 above have been respected, the Seller will refund the Purchaser promptly and, in any case, no later than fourteen days from the day it became aware of the exercise of the Purchaser’s right of withdrawal, once verified that the withdrawal has taken place in accordance with article 8.5 above. The actual time for the re-credit or refund of the sums paid by the Purchaser for the purchase of Goods depends on the method of payment used. The refund may be suspended until the Seller has received the Goods or until the Purchaser demonstrate that he/she has returned the Goods, whichever comes earlier.
8.8 The refund will be credited to the payment method used by the Purchaser to place the order. The refund will include also the shipping cost.
For orders paid with credit card, the amount to be refunded will be visible on the Purchaser’s next credit card statement. Refund processing time may vary depending on the credit card company and may take up to twenty business days.
Refunds are made in the same currency of the original order. Any difference in the amount refunded may be due to changes in the currency exchange rate and will not be refunded.
8.9 If the Purchaser fails to comply with the conditions set forth in article 8.5 above, the Seller reserves the right to deduct from the refund of the amounts paid by the Purchaser an amount equal to the diminished value of the returned Good, giving the Purchaser adequate notice.
Following such notice, the Purchaser has the option to obtain back the Good(s) at its own expense and in the same condition in which it/they were returned to Seller.
8.10 In the event of defective Goods, the Purchaser is requested to follow the same return instructions set forth in this section. Defective Goods must be returned to the Seller promptly. In the event that the Purchaser has purchased vintage Goods from the "Archive" section of the website, the Purchaser acknowledges and agrees that the legal warranty covers only those defects and faults that have not been indicated in the description of the Good or that do not appear in the relevant photo and that go beyond the normal wear and tear of the Good.
The Seller reserves the right to verify the condition of the defective Good before following up with the Purchaser’s requests.
If the defective Good is returned, shipping costs and taxes will be the responsibility of the Seller.
8.11 If the Purchaser is interested in an exchange of a Good, and if it is available, the Good may be exchanged for a Good of the same model in a different size or color. Exchange for a different Good will not be accepted. It is not possible to exchange the vintage Good. The exchanged Good may be returned following the same procedure.
If the Purchaser decides to request to change the Good, he/she shall contact the Seller at the e-mail address firstname.lastname@example.org indicating the order number, his/her name, the contact details, his/her address, and requesting for a size/color exchange. The Seller will respond within 5 working days confirming the availability to proceed with an exchange. In case of confirmation, the Purchaser shall follow the above-mentioned instructions to send back the Good.
Once the Seller has received the Good(s) back, and after it has ascertained that the conditions indicated at article 8.5 above have been respected, it will promptly send the exchanged Good to the Purchaser.
Protection of personal data
9.1 The Seller undertakes to process personal data of the Purchaser collected when he/she has registered his/her account on the Website and/or provided at the time of the purchase in accordance with the rules laid down under Legislative Decree 196/03, and further amendments, and the General Data Protection Regulation No. 679/2016.
10.1 The Seller reserves the right to modify, at any time, the present General Conditions of Sale.
10.2 The General Conditions of Sale applicable to the sale of each Good will be those published on the Website on the date the order of the Good was placed. The Purchaser, therefore, must read and acknowledge to the General Conditions of Sale before making any purchase.
10.3 Should any provision of these General Conditions of Sale be deemed void or invalid, the present General Conditions of Sale shall, in any case, remain valid and effective in the remaining parts.
10.4 The Seller mere tolerance or failure to dispute any non-compliance by the Purchaser with the information contained in the General Conditions of Sale shall not be interpreted as tacit acceptance of such non-fulfilment, nor as waiver to the provisions agreed between the parties.
For any communication and/or request of assistance and/or complaints relating to the Goods purchased, the Purchaser may contact the Seller at the address indicated in “Contacts” section of the Website.
Applicable Law and Settlement of Disputes
12.1 The present General Conditions of Sale are governed by Italian law and shall, therefore, be interpreted and enforced accordingly.
12.2 All disputes arising from this Agreement will be referred to an attempt at conciliation at the Mediation Body of the Chamber of Commerce of Livorno (Li) Italy, and resolved according to the Conciliation Rules adopted by the same. If admitted by the applicable laws and regulations, and if the Purchaser is a consumer, such disputes can be solved through alternative dispute resolution bodies pursuant to articles 141-ter and 141-decies of the Consumer Code. Pursuant to Regulation (EU) 524/2013, in case of disputes between consumers and professionals concerning the online purchase of products and services, the parties can adopt the Online Dispute Resolution Procedure that can be initiated by submitting a complaint through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT. For any communication regarding online disputes, the Seller can be reached at the following e-mail address: email@example.com
In case the parties prefer to file a complaint before a judicial authority, the competent Court to solve a dispute arising from this Agreement will be the Court of the district of residence or elective domicile of the Purchaser. Given that the Purchaser is a customer, the appointment of this Court is mandatory pursuant to art. 33, paragraph 2, letter u) of the Consumer Code.
It is declared that, in accordance with and pursuant to the effects of articles 1341 second paragraph and 1342 of the Italian Civil Code, the following clauses and conditions have been reviewed and accepted by the Purchaser: article 3 (rights and obligations of the parties), article 4 (Conformity of the Goods), article 5 (Payment), article 6 (Price and currency), article 7 (Order Processing and shipping), article 8 (Withdrawal), Aaticle 10.1 (the Seller’s right to amend this General Condition of Sale), article 12 (Governing law and Settlement of the controversies) and all the other clauses of which - read and approved - are accepted by the Purchaser to all consequent effects, and in particular pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code.