General sales terms and conditions
2. Product features and availability by geographical area.
2.1. The products are sold by the Seller with the features described on the Site at the time the order is placed by the Purchaser and in accordance with the general terms and conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Supplier reserves the right to amend all or part of these general sales terms and conditions at any moment in time. The products are on sale at the general terms and conditions indicated on the Site at the time the order is placed while stocks last.
2.3. Sales prices and assortments are subject to change without warning.
2.4. The Seller is fully entitled to change the assortment on the Site or change the features of the same at any moment in time, without prior warning or notice due to Users.
2.5. The Seller reserves the right to make modifications or improvements to any product available on the Site, without having to update previous editions.
2.6. Users from all over the world can access this Site and may contain references to products that are not available or payable for in the country of the visitor to the Site.
2.7. All products specifically intended for sale or otherwise available on the Site are for sale only in the countries included on the list available on the Site at the time the order is placed.
3. Conclusion of contracts.
3.1. The presentation of the products on the Site are not binding for the Seller and do not constitute offers to the public, but mere invitations to offer.
3.2. A purchase order submitted by the Purchaser to the Seller via the Site has a binding contract value 48 (forty eight) hours from being received by the Seller and is subject to these General Terms and Conditions, which form an integral part of the order; by placing an order with the Seller the Purchaser undertakes to fully accept the same without reservation.
3.3. The purchase order is accepted by the Seller when the same sends the Purchaser an order confirmation e-mail, to the address provided during the Site registration process, which will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Purchaser’s order, the Seller's order confirmation and the general sales conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s computerised systems and the Purchaser may request a copy by sending an e-mail to email@example.com.
3.4. The contract between the Parties is deemed concluded when the Purchaser receives the order confirmation by e-mail from the Seller. Under current law, the order and the order receipt shall be deemed received when the parties to whom they are addressed are able to access them. In the event that the Purchaser does not receive the order receipt from the Seller, within 48 ( forty eight) hours from placing the order, the order shall be deemed null and void, the contract will not be concluded and the Purchaser is invited to contact the Seller by sending an e-mail to firstname.lastname@example.org.
4. Product selection and purchasing procedure
4.1. The products presented on the Site may be purchased using the procedure provided on the Site. This procedure consists of various phases which start with the Purchasers selecting the products and including them in his shopping cart. Once the Purchaser has finished selecting the desired products, he can purchase those inserted in the trolley by registering with the Site, providing all the required data. In order to prepare the order and conclude the contract, the Purchaser will also be requested to confirm his personal details, provide his residential address, the delivery address for the selected products, the billing address and a telephone number where he can be contacted for any communications related to the purchase. The Purchaser will then be asked to select the required delivery method and a payment method from those available. If the Purchaser selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to communicate the relevant data via a secure socket connection. The Supplier reserves the right to check the personal details provided by the Purchaser for accounting and administration purposes. For payments by credit card, the purchase amount will only be charged to the Purchaser when the Seller sends the actual order confirmation. On completing these phases, the Purchaser will be presented with a summary of his order, which he is still able to edit where necessary: at this point, the Purchaser, is required to read and expressly approve the general sales conditions by ticking the relative check box and, finally, confirm his order by pressing the "Confirm Order" button; this will send the order to the Seller and will generate the effects illustrated in paragraph. 3.2. of this contract.
4.2. In the case where an order is placed for products belonging to a limited series, the Seller reserves the right to allow each Purchaser to buy a maximum quantity of products, possibly lower than the total number of products actually on sale. The Purchaser is, in any case, entitled to place an order for a quantity of goods exceeding that indicated as available on the Site. In this case, the Seller reserves the right to accept the Purchaser’s request for products exceeding those indicated as available, after checking product stock availability. It is understood that, should it be impossible to satisfy the Purchaser's order for quantities in excess of those in stock, the contract will be concluded for the maximum quantity of products indicated as available on the Site when the order was placed.
5. Delivery and acceptance of goods.
5.1. The availability of each product is normally indicated on the Site.
5.2. The delivery times indicated on the Site are purely indicative and udner no circumstances binding for the Seller. However, the Seller undertakes to do everything in his power to meet the delivery times indicated on the Site. It is understood that the Seller shall deliver the products purchased by the Purchaser within a maximum of 60 (sixty) days from sending the order confirmation to the Purchaser.
5.3. The Seller cannot guarantee that the number of products indicated as available on the Site is always exact.
5.4. If a product ordered by a Purchaser is not actually available, the Purchaser will be promptly informed by the Seller and any payment made by the Purchaser will be refunded without delay.
5.5. The products ordered by the Purchaser will be delivered according to the method chosen from those available and listed on the Site when the order was placed. On receiving the goods, the Purchaser agrees to promptly check, within and no later than 3 (three) days of receipt, that the delivery is correct and includes all and only the purchased products, and to inform the Seller, within this deadline, of any damaged or defective products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 9 of this contract. In the event that the packaging or boxing of the products ordered by the Purchaser reaches its destination clearly damaged, the Purchaser is invited to refuse the delivery by the carrier/courier or accept the delivery “with reservation”.
5.6. The Products shall be deemed accepted by the Purchaser if no claims are made within the deadline indicated in par. 5.5.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the products on sale is that indicated on the Site at the time the order is placed by the Purchaser. The prices of the products listed on the Site include VAT, but do not include shipping costs and any additional taxes or duties due, which the Purchaser agrees to pay in addition to the price indicated on the Site.
6.2. Depending on the country to which the products are to be delivered, the relative shipping costs will be displayed on the Site during the order placement process; the Purchaser agrees to pay this amount in addition to the price of the ordered products.
6.3. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Purchaser.
6.4. If products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including VAT, is net of any customs duties and any other taxes which the Purchaser hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the products will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Purchaser is invited to check with the relevant authorities in his country of residence or destination of products.
6.5. All other costs, charges, taxes and/or duties that a given country may apply, under whatever title, to the products ordered under this contract are the sole responsibility of the Purchaser.
6.6. The Purchaser hereby declares that any lack of knowledge on his part concerning the costs, charges, taxes and/or duties referred to in paragraphs 6.4. and 6.5. when sending an order to the Seller, shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payments for orders placed on the Site can be paid for by credit card, bank transfer, cash on delivery or via PayPal at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.
7.2. If the Purchaser opts for payment by credit card, he will be transferred to a secure site and the credit card information will be communicated directly to Banca Sella, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.3. Orders may be paid for by bank transfer to the Seller, using the "Swift" code indicated on the order confirmation. When payments are made by bank transfer, the Purchaser expressly agrees that the implementation of the contract by the Seller will come into force the moment the equivalent amount for the purchased product/s is received on the Seller’s bank account: in the event that, from the moment the order confirmation is sent to the moment the bank transfer is received for the product/s purchased, the goods should go out of stock, the Seller undertakes to refund the said amount to the Purchaser as illustrated in par. 5.4. of this agreement and the contract between the Parties shall be deemed terminated by law.
7.4. Payment for the order placed can only be made using cash on delivery option if the products are to be delivered on the Italian territory and the total amount is under 250.00 (two hundred and fifty/00) euro. Cash on delivery payments can only be made in cash; the Purchaser therefore undertakes to pay the courier said amounts in cash as agreed.
7.5. The invoice/tax records relating to the purchase will be sent to the Purchaser in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 ( Consumer Code ), provides Consumers with a legal warranty on purchased products covering any lack of conformity with the sales contract that may arise within 24 (twenty four) months after delivery to the Purchaser.
8.2. The legal warranty entitles the Purchaser, in case of lack of conformity of the product, to obtain, by applying directly to the Seller within a reasonable period time taking into account the nature of the product, repair (if and as possible), replacement of the product, a price reduction or termination of the contract.
8.3. Warranties are not applicable when products are not used for their intended purpose or without following the instructions/warnings provided by the Seller and/or the manufacturer of the product.
8.4. Product non-conformity reports must be accompanied by proof that the product was purchased from the Seller (tax document issued by the Seller or payment receipt).
8.5. Within the period referred to in par. 8.1., non-conformity reports must be sent by the Purchaser within and no later than 10 (ten) days from the date on which the lack of conformity was detected.
8.6. The non-conformity report must be sent by the Purchaser to the Seller by email to email@example.com; the Seller will promptly notify the means by which the product must be returned or made available.
8.7. The Seller’s Servicing centre will conduct quality checks to verify the actual non-conformity of the product and provide feedback to the Purchaser using the e-mail address provided during the registration process.
8.8. If the tests confirm a non-conformity, the Seller will refund the Purchaser for all costs incurred to return the faulty product, and repair or replace the Product with an equivalent item at no extra cost for the Purchaser; in the latter case, all non-conforming and replaced products will remain the property of the Seller.
8.9. The above refund will be paid by bank transfer to the Purchaser. The Purchaser will be responsible for filling out the bank details form and sending it to the Seller at firstname.lastname@example.org in order for the latter to transfer the refund.
9. Defective product liability.
9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 - Consumer Code are applicable to damages caused by defective products. The Seller, in its capacity as distributor of the products on the Site disclaims all liability, without exclusions and/or exceptions, indicating the name of the product manufacturer.
10. Withdrawal right.
10.1. The Purchaser is entitled to terminate this contract within 14 (fourteen) working days from the date the ordered products were received, without incurring penalties or being obliged to communicate the reason for such decisions. All shipping costs and any additional duties or taxes incurred to return the product, Remain the sole responsibility of the Purchaser and will be retained by the Seller.
10.2. The Purchaser can also exercise his withdrawal rights, within the aforementioned deadline, by sending an e-mail in Italian, English, French, Spanish or German to our Customer Care staff at email@example.com. The Purchaser will be provided with a Returned Goods Note and an RMA return form.
10.3. In order for withdrawal right to be exercised properly, if the goods have already been shipped or delivered, the Purchaser shall return the same no later than 14 (fourteen) working days from receiving the goods or 14 (fourteen) working days from receiving the Returned Goods Note and the RMA code, accompanied by the Returned Goods Form and the RMA code to the following address:
Triboo Digitale Srl c/o ArceseLog
Via Groane n. 6
20031 Cesano Maderno (MB) – Italia.
10.4. It is understood that the Purchaser is responsible for all shipping risks and costs when returning unwanted Merchandise.
10.5. In order for the withdrawal right to be exercised properly, the products must be delivered or otherwise sent to the Seller fully intact (with no signs of wear, abrasion, nicks, scratches, deformation, etc.. ), complete with all parts and accessories, accompanied by any instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any. Failure to observe this requirement means the Purchaser will forsake his right to a refund. To this purpose, it is highly recommended to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
10.6. The Seller will accept the return of Products, reserving all rights to ensure the same are returned pursuant to the conditions illustrated in par. 10.5.
10.7. If verification of the returned product is positive and the withdrawal right has been validly exercised within the foreseen deadline, the Seller will refund the Purchaser the full amount paid for the purchase of the goods, excluding shipping and any duties or taxes paid to re-import the products in the shortest time possible and, in any case, within 30 (thirty) days from the date on which the Seller acknowledges that the Purchaser intends to exercise his withdrawal right.
10.8. The above refund will be paid by bank transfer to the Purchaser. The Purchaser will be responsible for filling out the Returned Goods note with all relative bank details and sending it to the Seller in order for the latter to transfer the refund. In the event that the payment was made by credit card, the refund will be made within the indicated time by direct crediting of the amount due to the credit card used by the Purchaser to pay for the goods.
11. Other examples of returned goods.
11.1. Should the Purchaser discover, within the deadline indicated in par. 5.5, that the product received is defective or does not correspond to that ordered, the same is entitled to exercise his withdrawal rights, within the aforementioned deadline, by sending an e-mail in Italian, English, French, Spanish or German to the Customer Care staff at firstname.lastname@example.org. The Purchaser will be provided with a Returned Goods Note and an RMA return form.
11.2. After conducting the appropriate checks, the Seller will invite the Purchaser to return the product within 7 ( seven) working days, together with the completed Returned Goods Note and RMA Code, delivering the same to:
Triboo Digitale Srl c/o ArceseLog
Via Groane n. 6
20031 Cesano Maderno (MB) – Italia
11.3. The products must be delivered or otherwise sent to the Seller fully intact (with no signs of wear, abrasion, nicks, scratches, deformation, etc.. ), complete with all parts and accessories, accompanied by any instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any and, in any case, in the same condition in which it was received by the Purchaser. Failure to observe this requirement means the Purchaser will forsake his right to a refund.
11.4. After checking the returned product, if necessary conditions are met, the Seller will reimburse the Purchaser for all shipping costs incurred to return the product, and send, without any additional charge, a new product or the product actually ordered in the shortest possible, if available; on the contrary, the Purchaser will be sent a refund for the amount paid for the defective product.
11.5. The above refund will be paid by bank transfer to the Purchaser. The Purchaser will be responsible for filling out the Returned Goods note with all relative bank details and sending it to the Seller in order for the latter to transfer the refund. In the event that the payment was made by credit card, the refund will be made within the indicated time by direct crediting of the amount due to the credit card used by the Purchaser to pay for the goods.
12. Intellectual property rights
12.1. The Purchaser declares to be aware that all material on this Site are protected by copyright and other provisions of law related to intellectual property: all rights are reserved to Interfashion SpA
12.2. Therefore, unless prior specific consent is granted in writing by Interfashion SpA no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose.
13. Protection of Consumer Personal Data
13.1. In order to proceed with the registration process, when placing an order and hence the signing of this contract, certain personal date on the Customer is required. The Customer acknowledges and accepts that personal data will be recorded and used by Interfashion SpA in accordance with, and subject to, the regulations provided by the Italian law - Legislative Decree no. 196/2003 – Personal Data Protection Code, to implement this contract and, with his consent, any other activities indicated in the informative note provided to the Purchaser via the Site at the time of registration.
13.2. The Purchaser hereby declares and guarantees that the personal details provided to the Seller during the registration process is truthful and accurate.
13.3. The Purchaser is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
14. Safety of personal data
14.1. Although the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Purchaser on the Site, even after the Purchaser has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
14.2. Pursuant to the credit card payment details, the Seller uses the services provided by Banca Sella which adopts technological systems to guarantee the highest levels of reliability, safety, protection and confidentiality for information transmitted on the web.
15. Force Majeure events.
15.1. The Seller shall not be liable in the event of total or partial non-fulfilment of its contract obligations if such failure is caused by unforeseeable and/or natural events beyond its reasonable control, including, by way of example only, natural disasters, acts of terrorism, wars, riots, lack of electricity, general strike of public and/or private workers or strikes which restrict the operations of shippers and airline links.
16. Applicable law and jurisdiction
16.1. The contract will be governed by and construed in accordance with the Italian laws in force.
16.2. The Parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not be applicable to this contract.
16.3. All disputes that may arise under on in connection to this contract, will be the jurisdiction of: a) the court in the location of residence or domicile of the Purchaser, if a Consumer; b) the Court of Milan, Italy, in all other cases.
16.4. The provisions foreseen by the Italian law in force and, in particular, for consumers, the provisions foreseen by Section II, Chapter I, Title III of Legislative Decree No. 206/2005 ( Consumer Code) shall be applicable to all matters not expressly provided for herein.
17.1. The Parties are not entitled to assign or otherwise transfer to third parties any of the rights and obligations arising pursuant to this Contract, without the prior written consent of the other party.
18. Validity of Terms and Conditions
18.1. The clause headings used herein are merely indicative and have no effect on the actual contents and interpretation of this contract.
18.2. These conditions do not compromise the rights granted by the Italian law to Purchasers who are classified as Consumers, or the rights granted to them by the provisions of law they are subject to.
18.3. In the event that any clause, or part of a clause, provided in these general terms and conditions are found to be invalid and inconsistent or contrary to laws and regulations in force, this will have no impact on all the other clauses or parts of the clauses included in this contract which will remain valid and effective.
19. Final provisions
19.1. This Contract supersedes all contracts, agreements and arrangements previously made between the Parties and, together with the Order and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties pursuant to this contract.
19.2. The Purchaser hereby declares that he has not been induced to sign the contract following any prior verbal statements.
19.3. All amendments to this Contract must be made in writing and signed by both parties in order for the same to be deemed valid and accepted.
The HIGH website is owned by Interfashion SpA and managed by Triboo Digitale S.r.l.
Interfashion SpA and Triboo Digitale give fundamental importance to the privacy of their Users. All data provided by those visiting the Site will be processed paying maximum attention and taking all necessary precautions to guarantee their safety, in full compliance with the Italian Personal Data Protection Code rules and regulations.
Informative Note pursuant to Art. 13 of L.D. 196 dated June 30th 2003 - Personal Data Protection Code.
All personal data provided by the Users visiting the HIGH website (hereafter the “Site” will be processed by the Data Controller, Interfashion SpA with registered office in Rimini, via Coriano n. 58/90 (hereafter “Interfashion”) and by Triboo Digitale S.r.l., with registered office in Viale Sarca n. 336, Milan, Italy (hereafter “Triboo Digitale”), the Data Processor designated by Interfashion SpA to manage the Site and all related services (maintenance, updating, Customer Care services, sending of newsletters etc) and also the co-Controller exclusively for the processing of data as appointed by Interfashion SpA pursuant to the on-line transactions generated by the Site store, and more specifically by the company’s legal representative pro-tempore Dr. Marco Realfonzo, using manual and automated systems in compliance with what required by L.D. n. 196 dated June 30th 2003 – Personal Data Protection Code. In particular: to allow web navigation, registration, conclusion and execution of purchase contracts, handle the provision of products and services requested by Users, to provide information and assistance required by Users or, based on a further Information note and consent granted by Users, in order to perform all data for marketing purposes (newsletters, updates, promotions, market statistics and surveys). For these exclusive purposes, User data may be communicated by Interfashion SpA to subjects and operators with whom Interfashion SpA and Triboo Digitale have specific contracts (i.e. importers, distributors, dealers, shipping companies, banks and credit institutes, Internet providers), or to Interfashion Group companies or those belonging to their sales and servicing networks (branches, importers, distributors, agents, workshops) which may have their headquarters outside the EU and, in this case the data will be processed exclusively for the above indicated purposes; personal data will be accessed by the Data Processors and the Designated Officers appointed by Interfashion and Triboo Digitale and the above mentioned subjects.
Personal data shall not be subject to dissemination.
The provision of personal data is optional, i.e. it is not governed by a regulatory obligation, but it is necessary in order for the User to be able to use the website, complete the registration process, to complete the contract formalities, to provide information, assistance and the services requested by the User. If this data is not provided, it may not be possible for the User to access the website and its special functions, to complete the registration process and sign the contracts to implement or receive information, assistance and the services requested.
Further information on the processing methods for personal data and the services available on the website can be provided on request.
In your capacity as the Data Subject, you are granted the rights foreseen by Art. 7 of L.D. n. 196 dated June 30, 2003 and listed below. For further information on how to exercise such rights and for a complete list of the officers designated by Interfashion SpA for the processing of personal data, please phone +39-0541-706911, or send an e-mail to: email@example.com, to the attention of the pro-tempore Administration Manager, or by fax to +39-0541-706801; interfashion SpA has appointed Gino Trentin as its Data Processor (firstname.lastname@example.org); when contacting Triboo Digitale, users can phone +39-02-64741401, send a mail to email@example.com, or a fax to +39-02-64741491.
Legislative Decree 196 dated June 30, 2003 Personal data protection code
Art. 7 Rights to access personal data and other rights
1. The Data Subject has the right to request confirmation as to whether or not personal data concerning you exists, regardless of their being already recorded, and communication of such data in an intelligible form.
2. In particular, the subject has the right to obtain indications on : a) to receive information on the origin of the personal data; b) on the purpose and processing methods; c) on the logic used in the case where the data is processed using electronic equipment; d) on the personal data of the Controller, the persons in charge and the designated representatives pursuant to Art, 5 paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of such data in their capacity as Designated Representatives for the Country or Persons in Charge of Processing.
3. The Data Subject has the right to obtain indications on : a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymisation or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. The interested party is entitled to refuse total or partial:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.