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TERMS AND CONDITIONS OF ONLINE SALES
Stefano Serapian S.r.l. (hereinafter indicated only as "Serapian") is a manufacturing company selling handcrafted large and small leather goods in Italy and abroad, under the brand "Serapian".
According to the growing needs of consumers, Serapian decided to develop, in addition to its traditional sales network, an e-commerce store: www.serapian.com.
The usage and service on www.serapian.com are regulated according to these General Terms and Conditions of online sales.
Identification of Vendor
Vendor is Stefano Serapian S.r.l. . Serapian is a company registered under the Italian laws, with Tax and VAT No. 04619020151, R.E.A. No. MI0847939 and Registered Office in Via Jommelli 35 - 20131 Milan (MI) Italy. Telephone number +39 02 28012224 - Fax +39 02 28012213 – e-mail : eshop@Serapian.com
Art.1 – General Conditions
1.1. Sales of products (hereinafter only the “Product” or “Products”) offered on our website www.serapian.com (hereinafter "the Site") are governed by the following General Terms and Conditions of Sales (hereinafter the “Terms and Conditions”).
1.2. The goods displayed on the Site are offered on sale exclusively to consumers (hereinafter the "Client" or "Customer"), defined as the physical person acting on purposes not related to his trade, business or profession, as well as above the age of consent and resident or domiciled in the countries present on shipping list during checkout. Countries excluded from the list are subject to business constraints such as exclusive distribution or price regulations. If you wish to receive your parcel in a country excluded from the list, please contact Serapian at email@example.com.
Reselling, rental or disposal for any commercial or professional purposes of Products purchased from the Site is expressly forbidden.
1.3. The Customer is requested to read carefully the General Terms and Conditions of Sales that can also be read on the Site at any moment. A copy of these Terms and Conditions will also be sent in every purchase order confirmation e-mail .
1.4. Serapian may modify or amend these Terms and Conditions at any moment. The Customer is therefore asked to accept only the Terms and Conditions applicable at the time of purchase with each purchase order. The potential modification to a part or to all these Terms and Conditions will entail that automatically and irrevocably those parts of the Terms and Conditions related to the purchase orders completed after the moment of their modification will be inapplicable, inoperative and non- effective to Serapian even in the event that these Terms and Conditions might be retrievable and accessible from other web sites different from the one stated at Art.1.1.
1.5. Serapian may also customize some Products according to Customers’ requests. Sales of these Products will be governed by Art. 11 of these Terms and Conditions.
Art. 2 – Information on Products, Price and Stock Online
2.1. For each Product selected, the Customer can view a web space featuring photographs of the item, its unit price, its colors and sizes (if applicable) and availability. The Customer choose the items he/she is interested in, and the description of the goods being sold, including the relative measures or size (if applicable), jointly to one or more digitalized photographic images allowing a correct viewing of the good itself available on the Site.
2.2. The Customer acknowledges that the Products offered by Serapian within the Site are subject to stock limits. Serapian reserves the right to change the items offered on the Site and their purchase limits at any moment, without prior notice. the Customer may check the availability of any item offered on the Site at any time. When placing an order on the Site the Customer will immediately receive an automatic order confirmation e-mail. The Customer will receive a second e-mail when the order is shipped. The MAILS recorded on the Site shall be treated as conclusive evidence of the details of the transactions between Serapian and the Customer. In the event of a dispute between Serapian and the Customer relating to a transaction conducted on the Site, the MAILS recorded by Serapian shall be treated as legal evidence of the transaction.
2.3. Inconveniences may occasionally occur regarding the availability of certain Products. In such circumstances, Serapian will inform the Customer as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. Serapian will give the Customer the option to order a different item of the same type or alternatively, to cancel the order via telephone or via e-mail to eshop@Serapian.com. If the Customer decides to cancel the purchase order no charge will be made to his/her credit card. In the event that the credit card has already been charged, the Customer will be refunded as soon as possible.
2.4. The prices of all Products offered on the Site are inclusive of VAT and shall be indicated in Euros (EUR). Shipping costs are charged to Customer at a forfeit amount of 7,5€ for delivery to Italy, San Marino and Vatican City, 12€ for European Union, from 19€ for Extra UE countries according to delivery zones and customs.
2.5. Serapian shall make every effort to grant correct and updated prices online. This effort, however, will not grant the absence of potential mistakes. Serapian will promptly inform the Customer of any error in price and, under these circumstances, will grant the possibility to reconfirm the purchase order under the right price or cancel the purchase order as described at Art. 2.3.
Art. 3 - Purchasing
3.1. For each Product selected, the Customer will be able to view a web space featuring photograph of the item, its colors, its sizes (if applicable) and its unit price, as described at Art. 2.1.
3.2. Before completing the purchase order the Customer must read and understand all steps of the online purchasing procedure provided as well as these Terms and Conditions, since they will be binding after the purchase order has been completed.
3.3. In order to complete an order the Customer is not obliged to register in MY ACCOUNT personal area. Registration is therefore optional.
However, even if the Customer does not register him/herself in the personal area, after every purchase, the Site will record the following details: name, surname, delivery and billing address, telephone number, e-mail address, VAT number, in order to let Serapian deliver the purchased Product and to ship the invoice.
If the Customer has registered him/herself to the Site, the lists and status of previous orders, orders tracking number and personal data will be displayed in MY ACCOUNT area. The Customer will be able to edit his/her personal data, delivery and billing address at any time.
3.4. To complete the purchase, the Customer shall add a Product to the Shopping Bag and read and agree with the General Terms and Conditions of Sales and select a payment method.
3.5. According to stock availability, every Customer may purchase a maximum of 5 (five) pieces per item within the same purchase order; if the Customer tries to add more that 5 (five) pieces, “Add to Shopping Bag” button will be switched off and a pop-up message will appear reminding not to add more than 5 pieces per item.
3.6. Should the Customer need to correct any errors in data entry or personal data relating to the delivery of the order, he/she shall follow the proper procedure of editing indicated in the Site (FAQ page) before submitting the purchase order, in order to help Serapian deliver the goods. In case of failure to update personal data by the Customer, Serapian will not be responsible for any incorrect shipment.
3.8. Once the order is completed, the Customer will receive an automatic order confirmation e-mail as described at Art. 2.2 of these Terms and Conditions. A second e-mail (shipping confirmation) will be sent when the order is shipped, according to Product availability. In case of non-availability or partial availability of the purchased Product the Customer will be notified by telephone or e-mail.
Art. 4 - Payment
4.1. The Customer will pay the order by credit card, Paypal or bank transfer. Serapian will only accept the following credit cards: Visa, MasterCard, American Express, JCB, Discover, Diners Club.
4.2. Payment will be debited on credit card only after:
- Verifying information on credit card;
- Verifying the credit card belongs to a person residing or domiciled in one of the countries where delivery is possible;
- Receiving fund authorization from Customer’s bank;
- Verifying availability of the purchased Products.
Payment through bank transfer will be made on following bank account:
STEFANO SERAPIAN S.R.L.
FIL. 03983 MILANO
IBAN: IT 42 G 03069 09479 005817460122
4.3. In the event that, for any reason beyond the control of Serapian or the Site, payment is not accepted, the order will not be created and processed and the purchase order will be cancelled.
4.4. Whether the Customer is charged with a higher price than the one indicated in the e-mail confirmation, the exceeding amount of money will be credited back to the Customer. For this purpose the Issuer of the credit card is entitled to charge Serapian for the amount credited to the Customer.
4.5. If the Customer has made a purchase order for many products, in any case no more than 5 (five) pieces per product, and, due to unavailability (or for any other reason) it is only possible a partial delivery, or the delivery of a lower amount than the quantity ordered, the Customer will be only charged the price of Products that are actually delivered.
Art. 5 - Conclusion Of The Contract
5.1. The purchase agreement will be concluded when Serapian receives the Customer’s purchase order, after verifying correct data, Product availability and payment of the due amount via credit card or on Serapian Paypal account. If payment was made by the Customer by bank transfer, the contract will be concluded when Serapian has received the amount due on the bank account.
Serapian will send an automatic e-mail confirmation and a second e-mail informing the Customer of the beginning of the shipping procedure as specified in Art. 3.8 of these Terms and Condition.
5.2. In any case it is understood that the order placed by the Customer shall be binding on Serapian only if the entire process is correctly completed, without any error on the Site or the site of Paypal.
5.3. Serapian reserves the right to cancel orders without guarantees of solvency, incomplete or incorrect, or coming from people not residing or domiciled in countries where delivery is not possible (listed in Art.1.2). In this case, it is up to Serapian to inform the Customer by e-mail that the contract has not been concluded and that Serapian has not processed the order, specifying the reasons. If the Products presented on the site, for reasons independent from Serapian, are no longer available for sale at the time of the last access or completion of the order, Serapian will promptly inform the Customer, within thirty (30) days from the day following the order creation. If Product unavailability occurs after order creation or payment, Serapian will refund the Customer using the same payment method.
5.4. In any case, Serapian will not be liable for issues linked to the provider data transmission.
5.5. The Customer will receive by e-mail from Serapian together with the automatic purchase order confirmation:
- A link to the General Terms and Conditions of Sales;
- Details of Product or Products purchased;
- Details of price, any additional costs that will be charged to the Customer and the payment method selected by the Customer;
- Information on the conditions and procedures for return and refunds;
- Customer service e-mail address to submit complaints or questions;
- Information on support services and guarantees existing at the time of purchase.
The Customer must verify the contents of the above mentioned communication and immediately notify to Serapian any errors or omissions.
5.6. For each contract concluded by means of the Site, Serapian will issue and deliver a proper invoice. Invoice will be issued using information supplied by the Customer. No change in the invoice will be possible after its issuance.
Art. 6 – Non Conformity Of Order
6.1. Serapian will have the right to refuse the Customer's purchase order, and therefore no contract will be concluded between Serapian and the Customer, in case Serapian believes that Customer:
- Intends to purchase the Products for purposes related to his own or someone else's business or professional activity; or
- Abuses of return and withdrawal process as set forth in Art. 8
- Does not comply with the requirements of Art. 1.2.
6.2. In such events, the purchase order submitted by the Customer shall be not accepted. Serapian will notify the Customer via e-mail, and will credit back the Customer for the paid amounts.
Art. 7 - Shipping and Delivery
7.1. The delivery of purchased Products can be carried out at the home or work address provided by the Customer. If the Customer wishes office delivery, it is necessary to specify Company name in the delivery address during the purchase order proceedings. For security reasons, Serapian cannot ship any order to a P.O. Box or hotels.
7.2. Serapian, after receiving payment, will proceed with shipment, sending an order delivery confirmation by e-mail.
7.3. Packaging and pick up of the Product to the Courier will be performed by Serapian from Monday to Friday, (no Saturdays and bank holiday), the day following the order confirmation.
7.4. The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase order. Delivery will require the presence of the Customer or his representative, and the signature of one of the above subjects.
The obligation to deliver is fulfilled by Serapian by transferring the purchased goods to the Customer or an authorized person.
7.5. Shipping costs are borne by the Customer as previously indicated at Art. 2.4 of these Terms and Conditions. The Customer will not be in any case required to bear the cost of returning goods.
7.6. Orders will be delivered to the Customer by a courier selected by Serapian (hereinafter, the "Courier"). In any case, Serapian is not responsible for unpredictable delays of the Courier.
7.7. Goods must be checked at the moment of delivery to make sure they correspond to the items ordered:
- number of parcel corresponding to the one indicated on the waybill (DDT);
- interference or damage to the packing (wet, totally or partially opened, damaged). Any eventual anomalies found at delivery (e.g. interference or damage to the packing, damaged goods, missing items with respect to the waybill, etc.) must be immediately notified to the Courier and directly indicated on the delivery note in a handwritten comment signed by the Customer. Once the waybill is signed, the Customer may not raise any claim about the external conditions of the package delivered by the Courier except his/her rights towards the Courier.
7.8. The Products will be ready for pick up by the Courier within a maximum of 30 (thirty) days from the creation of the purchase order, except in case of issues listed in following Art. 14 of these Terms and Conditions, and except Serapian has already informed the Customer within thirty (30) days, about the impossibility to deliver the Products ordered, due to sudden and temporary unavailability of the Products. In such cases, Serapian will refund the money paid by the Customer.
7.9. The Customer acknowledges that Products are handcrafted and not mass manufactured. Consequently, there may be delay in delivery.
7.10. In the event of a delay in delivery, the Customer has the right to cancel the order and shall be refunded no later than 30 (thirty) days from the date of cancellation.
The Customer may ask Serapian to deliver the Product within a further delivery period. If the additional period accepted by the Customer expires without delivery of Product, the Customer will be entitled to terminate the contract; it is safe its indemnification right.
7.11. The above conditions do not apply to personalized Products as specified in Art. 11 of these Terms and Conditions.
Art. 8 - Returns and Refunds - Cancellation
8.1. The Customer has the right to terminate the contract, without giving any explanations, and return the Products purchased on the Site, within 14 (fourteen) working days from the date the Customer has received the goods.
The Customer has not the right of withdrawal for customized Products as specified in Art. 11 of these Terms and Conditions.
8.2. Should the Customer wish to exercise the right of withdrawal, he/she can fill the return form set out in Annex A of the General Terms and Conditions of Sales, and send it to the following e-mail eshop@Serapian.com.
8.3. In case of exercising the right of withdrawal, Serapian will refund the full price of the Products, within 14 (fourteen) days of receipt of the returned product, provided that they are returned by the Customer in original condition, not used and not damaged and accompanied from its original invoice and the original Serapian packaging. Once the refund made, Serapian will notify by e-mail the Customer.
8.4. Refund will be executed with the same method chosen for payment, unless the Customer has expressly requested and agreed otherwise and with no additional costs.
8.5. The price of the Products purchased on the Site will not be refunded in Serapian stores. Serapian does not allow to ask via the Site refunds for cancellation of Products purchased in Serapian stores or other boutiques, nor the contrary (i.e. no refunds at Serapian stores or boutique for Products purchased on the Site).
8.6. The costs for the return of the Products shall be borne by Serapian.
8.7. The Customer is required to return the Products no later than fourteen (14) days from the date on which he announced his decision to withdraw from the contract. The Customer will receive by the courier a tracking number. Serapian will not be required to refund Products shipped by the Customer that were never received by Serapian due to loss, theft or damage, unless Serapian has collected the goods.
It remains the responsibility of the Customer to proof the return of the Products.
8.8. Serapian will not be liable in the event of loss of returned Products or shipments made to incorrect address, provided that the Customer assumes all risk of such shipment, except his rights towards the carrier.
8.9. If the Customer decides to modify or cancel an order already processed, he/she shall promptly notify the Customer Service by e-mail to firstname.lastname@example.org or telephone +39 02 28012224 Mon-Fri 9 a.m. – 1 p.m. / 2-6 p.m. (GMT+1) before receiving the second e-mail from Serapian sent to the purpose of notifying the Customer that the delivery procedure has started. In case Serapian has already sent the above mentioned second e-mail confirming the shipping of the Product, the purchase order can not be canceled or modified. In any case, the Products shipped will be returned as described in Art. 8.2.
Art. 9 - Defects of Conformity
9.1. If a Product presents a manufacturing or production defect or any conformity issue, the Customer shall immediately contact the Customer Service at the following address: eshop@Serapian.com - tel.: +39 02 28012224 Monday to Friday 9 a.m. – 1 p.m. / 2-6 p.m. (GMT+1), excluding holidays.
9.2. The Customer has the right to replacement or refurbishment service, without charge, or, if such remedies are not sufficient, a suitable price reduction or contract cancellation. The Customer shall report to Serapian within a period of 2 (two) months from the date he/she discovered the defect. The direct action to assert defects not fraudulently concealed by Serapian should be within the limitation period of 26 (twenty six) months starting from the delivery of the Product.
Art. 10 - Replacement of Products
10.1. The Customer will have the right to request the replacement of purchased Products, according to the procedure specified in this article, which present conformity defects, or not fitting for normal use or not conform to description on the Site (e.g. unstitched handle, defective zip, etc.). It is understood that in any other case other than that provided in this Article, it will not be possible for the client to ask for the replacement of the Product.
10.2. The non-conform Product should be conserved in its original packaging together with documentation relating to the delivery; the Customer will have immediately to contact Serapian via e-mail at: eshop@Serapian.com.
10.3. The replacement of the Products will follow the procedure described In Art. 8 of these Terms and Conditions of Sales.
10.4. Products to be replaced must be returned by Customer in its original condition, not used and not damaged and accompanied by the original invoice.
10.5. In the procedure provided for the replacement of the Products, refund of the price paid by the Customer will be made first, using the same method of payment used by the Customer, then a new transaction will be made.
10.6. To replace a Product, the Customer will need to fill out the form that can be downloaded from the site, clearly indicating the code of the Product that he wants to receive. It is understood that the fulfillment of the new purchase order is subject to the availability of the Products requested.
10.7. The shipping costs for returning the non-conform Product will be borne by Serapian. In any case, it remains the responsibility of the Customer the proof of the return of the Products.
10.8. The replacement Product will be sent to the Customer via Courier at no charge additional shipping costs.
Art. 11 – Customized Products
11.1. The right of withdrawal, cancellation or replacement, which would otherwise be available, is excluded in case of purchase orders for customized Products, such as the Customer's initials engraved on the Product. In any case, Serapian will consider provisions on lack of conformity referred to in Articles 9 and 10 of these Terms and Conditions. It is understood that it will not be considered a lack of conformity any discrepancy between the preview of customization displayed on the Site and the actual result on Product.
Art. 12 - Gift Items
12.1. In the case of Products purchased as a gift, Serapian will apply the provisions of this Article.
12.2. The Customer who wishes to buy a Product as a gift must specify it in the appropriate section of the purchase order, where the Customer can also write a personal message that will be sent along with the Product, then providing Name and Delivery address of the person who will receive the gift.
12.3. In case of purchased gift, the right of withdrawal may be exercised only by the Customer, and in any case by the person who received the gift.
12.4. Similarly, the right to replace the Product in case of lack of conformity may be exercised only by the Customer who made the purchase and not by the recipient of the gift itself.
Art. 13 - Errors or Incorrect Information
13.1. Serapian is committed to providing constantly updated Product information and description in the Site. However it is not possible to guarantee the complete absence of errors. Site pages may contain typing errors, incorrect or missing information, i.e. related to price, availability, etc. Serapian reserves the right to correct any errors, inaccuracies or omissions contained in the Site even after the Customer’s order. Serapian also reserves the right to change or update information on the Site at any time, without prior notification to the Customer.
Art. 14 - Force majeure
14.1. The performance of all obligations under the contract will be delayed or suspended in case of occurrence of a fortuitous event or force majeure.
14.2. By way of example, are considered fortuitous events or force majeure, war, riots, insurrections, strikes and supply problems attributable to a third party suppliers. Will also be considered force majeure the incorrect delivery address provided by the Customer.
14.3. In case of fortuitous event or force majeure, Serapian will notify the Customer via e-mail within 15 (fifteen) days. If the event lasts more than 30 (thirty) days, the Customer may cancel the purchase order and he/she will be refunded.
ART. 15 - Guarantee of Authenticity and Intellectual Property Rights
15.1. Serapian guarantees the authenticity of all Products offered on the Website. Serapian Products are made with the best materials and are made by the most skilled leather craftsmen.
15.2. The trademark Serapian, as well as the set of figurative and non-figurative trademarks and images, service on products, packaging, which are registered or not, as well as all the illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights on the Products are and remain the exclusive property of Stefano Serapian S.r.l.
15.3. It is prohibited to use, reproduce or modify any of the trademarks owned by Stefano Serapian S.r.l.
15.4. It also prohibited to use, reproduce or modify any drawings, images or models that are recorded as exclusive property of Stefano Serapian S.r.l.
Art. 16 - Applicable Law and Jurisdiction
16.1. These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with it.
16.2. For any dispute concerning the interpretation, validity and enforcement of these Terms and Conditions, the jurisdiction not subject to variation by agreement will be the one of the residence or domicile of the Customer.
Art. 17 - Severance
17.1. If any provision of this Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
For any assistance concerning how to purchase online or for more information on Serapian Products on the Site, please contact the Customer Service by e-mail: eshop@Serapian.com or telephone +39 02 28012224 - Fax +39 02 28012213.
The Customer may contact Serapian by mail at the following address:
STEFANO Serapian S.R.L.
Via Nicolò Jommelli n. 35