Terms and condition
1 GENERAL CONDITIONS OF SALE
The general conditions of sale [named below “GENERAL CONDITIONS” and/or “GDS”] are applicable to all sales of brand products “Sara Burglar” , “Burglar Jeans” or “Burglar” [below “Products” or “Product”] concluded through the website www.saraburglar.com [below “Site”].
1.2 The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (below “Customers” or “Customer”) understood physical person who act for aim unrelated to their own commercial, artisanal, entrepreneurial or professional activity possibly carried out, over 18 years (or, if minors, authorized by those exercise the parental authority by law).
1.3 The customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow the knowledge as well as storage and reproduction by the Customer pursuant to Article 12, paragraph 3, of legislative Decree 9 April 2003, n. 70 (“Implementation of the Directive 2000/31/CE relating to legal aspects of information society services in the internal market, with particular reference to electronic commerce” – below “E-Commerce Decree”). The contracts concluded with the Customers will be archived by the owner Sara Burglar srl, with the possibility for the Customers to access them on the Site by their account.
By using this Site, you unconditionally agree to the terms and conditions of use indicated below, which can be modified, at any time and without notice by Sara Burglar srl according to its unquestionable discretion. The use of the Site after the aforementioned changes will be considered as an unconditional approval of the terms and conditions as amended. You may download or copy the above information and materials for personal, non-commercial use only.
1.4 Contracts concluded with Sara Burglar srl through the Site are governed by Italian law and, in particular, by the Legislative Decree 6 September 2005, n. n.206 and next changes (below “Consumer Code”) and the above mentioned E-commerce Decree.
2 .IDENTIFICATION OF THE SELLER
2.1 The seller is the Sara Burglar srl company with registered office in via Luigi Einaudi 198/200 – 62012 Civitanova Marche MC (P.I. e C.F. : 01882070434) e-mail: info@saraburglar.it
3 . INFORMATION RELATING PRODUCTS AND THEIR AVAILABILITY
3.1 The information relating to the Products, with the relative product codes, are available on the Site where the Customer will find the details of the main characteristics of the individual Product; by way of example, these are leather bags and fashion accessories. The graphic representation of the Products offered on the Site may differ from reality. For any information the Customer can contact our company directly.
3.2 All Products are subject to current availability. Sara Burglar srl reserves the right at any time to change the limits on the quantity and/or type of Products that can be purchased online on the Site. The style, models and colors of Products described on the Site may be changed without notice. During the procedure relating to the transaction, on automatic answer will notify the Customer of the time required to process the order and/or the probably impossibility of processing the order due to unavailability of the ordere Product.
4 . PRICES
4.1 The Product prices are expressed on the Site in Euros and include all taxes or duties. The delivery costs indicated separately in the order must be added to the prices of the Products.
4.2 Sara Burglar srl constantly checks that all prices indicated on the Site are correct, without this, however, guaranteeing the absence of mistakes. In the even that an mistake relating to the price of Product is found, Sara Burglar srl will give the Customer the opportunity to reconfirm he order of the Products at the correct price or to cancel it.
4.3 The information contained on the Site doesn’t constitute an offer by Sara Burglar srl.
5 .METHOD OF PURCHASE
5.1 The main characteristics and prices of the Products are shown in the offer for each Product on the Site.
5.2 Before sending an order proposal, Customers are asked to make sure they have read and understood the instructions provided during the purchase process and these General Conditions, as they will be binding once the contract is concluded.
To purchase the Products, the Customer must complete and send the form with the order proposal in electronic format to Sara Burglar srl, following the instructions contained on the Site. The Customer must insert the Product in the “cart” and, after reading and accepted the General Conditions, with particular reference to the contribution for delivery costs and the conditions on the right of withdrawal, as well as after having read the Privacy Policy , must select the favorite payment method and choose the option “proceed with the order”.
5.3 If the Customer need to correct any wrong data, they must follow the appropriate modification procedure indicated on the Site, before submitting their order proposal. In particular, the Customer has the right to modify the quantity of the Products he want to buy, adding or deleting one or more Products from the “cart”.
5.4 By sending the order proposal to Sara Burglar srl, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions.
5.5 Without prejudice to the use of the data described in the Privacy Policy and subject to the express consent of the Customer, the form with the order proposal and the Customer data relating to the order proposal will be kept by Sara Burglar srl for the period of time required by current legislation.
6 TERMS OF PAYMENT
6.1 The Customer may pay the Products and the related delivery costs by credit card.
6.2 Sara Burglar srl accepts payments made with:
Bank Transfer, Stripe
6.3 The transaction will be charged to the Customer’s credit card only after:
(i) The credit card details have been verified;
(ii) The debit authorization has been received from the company issuing the credit card used by the Customer and
(iii) The availability of the Product has been confirmed by Sara Burglar srl and after the order is ready to be processed.
6.4 The availability of the Product has been confirmed by Sara Burglar srl and after the order is ready to be processed.
7. EXECUTION OF CONTRACT
7.1 The contract stipulated between Sara Burglar srl and the Customer shall be deemed to have been executed as soon as the Customer received confirmation from Sara Burglar srl that him order proposal (sent in accordance with the purchase process indicated on the Site) was successfull, after checking the availability of Product and that the price has been charged on Customer credit card.
The order proposal sent by the Customer will be binding on Sara Burglar srl only if the all purchase process has been completed regularly and correctly, without any errors detected by the Site.
7.2 Sara Burglar srl reserves the right to partially fulfill the order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially processed order will be charged.
7.3 Sara Burglar srl isn’t liable for malfunctions depending on the data trasmission network.
7.4 In accordance with the provisions of article 13 of the E-Commerce Decree, at the time of the order confirmation or the execution of the contract Sara Burglar srl will send the Customer, by e-mail, a summary of the General Conditions, the information relating to the essential characteristics of the Products purchased, detailed indication the price and the means of payment, information of delivery costs, a information on the conditions and methods of exercising the right to withdrawal, including a information on the exclusion of the right of withdrawal in the case of customized Products, the Sara Burglars srl address to which complaints can be made, information on assistance services and commercial guarantees. The Customer must immediately check the content of communication and immediately reports any errors or omissions to Sara Burglar srl.
8 INVALIDITY THE ORDER PROPOSAL
8.1 Notwithstanding the provisions of praragraph 7 above, no order proposal must be considered accepted by Sara Burglar srl and no contract must be considered conclused between it and the Customer if Sara Burglar srl has reasonable and well-founded reasons to believe that the Customer:
(i) intends to purchase the Products to purposes related to his or others’ business or professional activity, in accordance with the provisions on paragraph 1.2 of General Conditions; or
(ii) doesn’t operate according to an effective and genuine interest in purchasing the ordered Products, or
(iii) abusive exercise the right of withdrawal recognized by paragraph 13 below.
8.2 In such cases, the order proposal sent by the Customer must be deemed to have no validity and effect. Sara Burglar srl will send to Customer , by e-mail, a communication certifying the non- acceptance of the order proposal by Sara Burglar srl and the failure to conclude the contract also taking care of the cancellation of any charge and/or expense charged to the Customer.
9 GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
9.1 guarantees the authenticity of all Products purchased on the website. The “Sara Burglar”, “Burglar Jeans” and “Burglar” branded products are made with the best materials, are packaged by artisans and are all strictly and entirely MADE IN ITALY.
9.2 The “Sara Burglar” brand, as well as all the figurative and non-figurative tradmarks, service marks, present on the Products, on the related accessories and/or packaging, shape marks, whther registered or not, as well as all the illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive proprerty of Sara Burglar srl. The information, the images, photographs, trademarks and in general the elements and materials made available through this Site are and will remain the exclusive property of Sara Burglar srl; therefore, reproduction, partial or total (with the sole exception of personal and non-commercial use), distribution, publication, transmission, modification, in whole or in part, and the sale of information, images, are expressly prohibited photographs, tradmarks, products and in general of the elements and all the material contained in this Site.
In particolare, le denominazioni ed i marchi “Sara Burglar” e “Burglar Jeans”, registrati o non, sono e rimarranno di esclusiva proprietà di Sara Burglar srl e ne sono espressamente proibite, per qualsiasi ragione o scopo, la riproduzione, la distribuzione, la pubblicazione, la trasmissione, la modifica in tutto od in parte, In particular the names and the trademarks “Sara Burglar” and “Burglar Jeans”, whether registered or not, are and will remain the exclusive property of Sara Burglar srl and their reproduction, distribution, are expressly prohibited for any reason or purpose, publication, transmission, modification in whole or in part, as well as sale.
10 APPLICABLE LAW AND JURISDICTION
10.1 These General Conditions aregoverned by Italian law and must be interpreted in accordance with italian law.
10.2 For disputes arising from the interpretation, validity and/or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the Customer/consumer.
11 CONTACT DETAILS
11.1 For additional information and assistance on the Site or on how to purchase online, the Customer can contact Sara Burglar srl at the following e-mail address: info@saraburglar.itor at the address indicated below: Sara Burglar srl via Luigi Einaudi 198/200, 62012 Civitanova Marche (MC).
