General Sales Terms And Conditions
1.1. These general terms and conditions of sale shall apply to the purchase of “HIGH” brand products (hereafter the “Products”) via the di e-commerce website www.high-everydaycouture.com (hereafter the “Site”) by users falling within the definition of "Clients” pursuant to article 1.2 below. The Site, which is the property of Interfashion S.p.A., with registered office inRimini, via Coriano 58/90 (hereafter the “Owner”), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (hereafter “TRIBOO DIGITALE”).
1.2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Client") (the Seller and the Client shall be referred to jointly as the "Parties").
1.3. The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents
1.4. Any communication by the Client in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Client.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Clients only. It follows that only Clients are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Client, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer
c) no other provisions foreseen in favour of the Client which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Client agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Clients must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Client declares compliance with such requirements.
1.9. The Client shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with the general terms and conditions of sale 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 terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the SIte, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Client is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Client to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Client to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Client undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Clients will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Clients will also be asked to check and correct any errors in their personal data.
3.3. The Client's purchase order is accepted by the Seller by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the Site registration process; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Client’s order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Client may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Client receives the order confirmation from the Seller by e-mail
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Client will be asked to (i) register with the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Client will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Client can be contacted in relation to the purchase made. The Client will be shown a summary of the order to be processed, and change the contents: at this point, the Client, is required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Client will also be asked to select a delivery option and a payment method from those available. If the Client selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Client for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Client when the Seller sends the actual order confirmation.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Client places the order. If the order cannot be processed by the Seller, as the Product ordered by the Client is not available, even temporarily, for delivery, the Seller shall notify the Client in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the client has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.
5.3. The Products ordered by the Client shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Client undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Client reaches its destination visibly damaged, the Client is invited to refuse to accept the delivery from the courier or accept the delivery “with rights reserved”.
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 Client. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Client is confirmed, and which the Client agrees to pay to the Seller in addition to the price shown on the Site
6.2. Product prices may vary according to specific market price policies and shipping costs. Sales periods and relative discounts may also differ according to the habits and customs of individual markets, in addition to local laws and regulations.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Client 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 Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Client is invited to check with the relevant authorities in his country of residence or destination of products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Client.
6.5. The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Site shall be made strictly within 3 (three) days from when the order confirmation is sent by the Seller to the Client. The Client expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payments for orders placed on the Site can be paid for by credit card, 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.
7.3. When payment is by credit card,the Client will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Platenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462, 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.
7.4. Orders may be paid for by bank transfer to the Seller, where the Client shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Client in electronic format, if required by law, 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 (Client Protection Code ), provides Clients with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Client. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
8.2. The Client is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, with an online request in the area Return Request clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt or, after 14 days from receiving the products, sending an email to the Customer Care Service addressed to firstname.lastname@example.org filling in the relative form → download it here. Failure to do so will invalidate this warrant.
8.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Client via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Client via e-mail to the address provided by the Client when registering with the site or placing the order; this e-mail will include the form with the "Returned Product Code". Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Client, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: TRIBOO DIGITALE S.r.l., c/o Arcese Trasporti S.p.a., Via Groane 6, postcode 20031 Cesano Maderno (MB) – Italy
8.4. If the Seller is required to refund the Client for the price paid, the refund will be effected, where possible, using the same payment method used by the Client to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, during the returned product phase, using the email address email@example.com the bank details to receive the payment in his favour and allow the Seller to transfer the refund.
9. Defective Products Liability
9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 - (Client Protection Code) are applicable to any 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, and shall refer the Client to the manufacturer of the product concerned.
10. Right of Withdrawal
10.1. The Client shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale for any reason, without having to provide any explanation and without incurring any penalty, within 14 (fourteen) days from the day on which the Products ordered are received.
10.2. To exercise the right to withdraw, the Client shall send a request to the Seller within the indicated deadline via the area Return Request on the website.
10.3. If the Products have not been sent to the Client, the withdrawal shall be intended as exercised the moment the Seller receives the withdrawal request from the Customer for the entire order addressed to firstname.lastname@example.org.
10.4. If the Products have already been sent to the Client, on receiving the request as foreseen in point 10.2, the Seller will send the Returned Products Form via e-mail to the Client. Within the following 14 days, the Client is required to return the Products to the Seller, together with the Returned Product Form sending or delivering them to Triboo Digitale c/o Arcese Trasporti S.p.a., Via Groane, 6 - 20031 Cesano Maderno (MB) – Italy.
10.5. It is agreed that all shipping risks and costs when returning the Products to the Seller shall be borne by the Client.
10.6. In order for the withdrawal right to be validly exercised, the Products shall 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 (with unaltered labels still attached to the product), 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 Client 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.
10.7. The Seller will accept the return of Products, reserving all rights to ensure the same are returned pursuant to the conditions illustrated in par. 10.6.
10.8. If verification of the returned Products satisfies the conditions and the withdrawal right has been validly exercised by the Client within the foreseen deadline and in the manner described, the Seller will refund the Client the full amount paid for the purchase of the Products, including shipping costs in the shortest time possible and, in any case, within 14 (fourteen) days. All shipping costs and any additional duties or taxes incurred by the Client return the Product to the Seller, remain the sole responsibility of the Client.
10.9. The refund will be effected, where possible using the same payment method used by the Client to purchase the Product, or by bank transfer in favour of the Client; the Client shall provide the bank details on the returned products request or by email to email@example.com so the Seller is in a position to refund the relative amount. 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 Client to pay for the goods. In the event that the payment was made by PayPal, the refund will be made within the indicated time by direct crediting of the amount due to the account used by the Client to pay for the Products.
11. Intellectual Property Rights
11.1. The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Interfashion S.p.A. and/or its assignees, with no rights arising on the part of the Client in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Unless prior specific consent is granted in writing by Interfashion S.p.A., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Client Personal Data
12. Protection of Client Personal Data
12.1. In order to proceed with the registration process, place an order and sign this contract, the Client is required to provide certain personal details. The Client hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Interfashion S.p.A. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended. the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Client by the Site during the registration phase.
12.2. The Client hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Client 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.
13.1. While 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 Client on the Site, even after the Client has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service NV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Client under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with Legislative Decree no. 206 dated September 6, 2005 of the Client Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Clients by binding provisions in force in the Client's country of residence.
14.2. In the event of a dispute between the Seller and the Client, we hereby undertake to attempt to reach an amicable settlement which Clients can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Client is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Client. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Client residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If no settlement attempt is made, as under section 14.2, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Client's country of residence.