GENERAL TERMS AND CONDITIONS OF SALE
- Scope of Application
- Amendments to the General Conditions
- Creating an account
- Logging in as guest
- Conclusion of the purchase contract
- Product Selection
- Product Prices
- Payments, invoicing, refunds
- Shipping and delivery of products
- Late delivery
- Withdrawal of products
- Customer Representations and Warranties
- Legal guarantee of conformity
- Right of Withdrawal
- Protection of personal data
- Customer service
- Online Dispute Resolution
- Applicable Law and Jurisdiction
1. Scope of Application
1.1 These general terms and conditions of online sales ("General Conditions") apply to all sales contracts stipulated between "Drop Srl" (with registered office in Viale Sandro Pertini n.1, Montegranaro (FM), 63812, C.F. and P.IVA 01383870431, hereinafter "Drop" or the "Seller"), which sells on behalf of "SLAM.COM S.p.A." (having its registered office in via A.Manzoni n.3, Milan (MI), 20121, C.F. and P.IVA 11806840960, hereinafter "SLAM" or the "Manufacturer/Supplier") the "SLAM" branded products for sale in the online shop on the website " www.slam.com (the "Website"), and the client understood, pursuant to Article 3 of the Legislative Decree no. 206/2005 ("Consumer Code"), as a consumer i.e, a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out (the "Customer"), on the basis of orders submitted electronically through the Site. Drop therefore reserves the right not to process orders from persons other than the Customer.
1.2 By accepting these General Conditions when purchasing a product on the Site, the Customer declares that he/she has carefully read their contents and undertakes to comply with their provisions. The Customer may not purchase products via the Site if he/she does not accept these General Terms and Conditions.
1.3 The General Terms and Conditions apply irrespective of the nationality of the Customer, provided that delivery of the products takes place in one of the countries in which the online sales service is active; these countries are listed in the footer of the Site in the "Customer Service" section under "Shipping" .
2. Amendments to the General Conditions
2.1 Drop reserves the right to make changes to these General Conditions from time to time, where such changes may be necessary to ensure compliance with new legal provisions, for technical reasons, to adapt them to the sales models adopted by Drop or to better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Site. In any event, the version of the General Conditions in force at the time the relevant order is placed applies to each purchase.
3. Creating an account
3.1 In order to proceed with the purchase of products on the Site, the Customer must either (i) access the Site with his or her authentication credentials already obtained following the creation of an account in his or her name on the Site, or (ii) create a new account on the Site, or (iii) proceed with the purchase as a 'guest' user, without the need for any registration.
3.3 When creating an account on the Site, the Customer must choose a username and password, respecting the password creation criteria indicated on the Site from time to time. The Customer acknowledges and accepts that the credentials for accessing the Site are personal and must not be disclosed or transferred to third parties. The Customer undertakes to keep his password secret and to immediately notify DROP in the event of unauthorised use of the account or loss or misappropriation of the access credentials by sending a written notice addressed to DROP to the addresses set forth in Article 16, containing a detailed explanation of the incident and a copy of his identity document. Upon receipt of the notice from the Customer, DROP shall block the Customer's access credentials and provide the Customer with new access credentials. DROP accepts no liability for any loss or damage resulting from the Customer's failure to keep its password secure or to notify DROP of the unauthorised use, loss or theft of its password. The Customer assumes all liability to DROP for any loss and/or damage resulting from any unauthorised use of its account.
3.4 Registration to the Site is free of charge, it being understood that (i) the Customer shall bear the cost of the Internet connection used to access the Site, according to the rates, terms and conditions practiced by its operator and (ii) the purchase of a product on the Site entails the obligation for the Customer to pay to DROP the fees due for such product.
3.5. Following registration on the Site, the Customer will receive an e-mail message at the address indicated in the registration phase itself.
3.6. The Customer may cancel its account at any time by sending an e-mail to DROP at the address indicated in Article 16 below. Upon receipt of such communication, all contractual relations between the Client and DROP - except for purchase orders already sent prior to the request for cancellation - shall be considered terminated and the Client's username and password shall be deleted.
4. Logging in as guest
4.2 Following completion of the form, the Customer may select a payment method from those indicated in Article 8.1. below and electronically submit his or her purchase order to DROP.
5. Conclusion of the purchase contract
5.1 The Customer shall select the products and place them in the shopping cart, without prejudice to the possibility of changing or deleting the contents of the shopping cart at any time before proceeding with the placing of the purchase order.
5.2 The submission of a purchase order through the Site constitutes a binding offer to purchase the selected products and, therefore, the conclusion of a purchase contract, which shall be entirely governed by these General Terms and Conditions ("Contract").
5.3 Before confirming the purchase order, the Customer is required to check the purchase order summary to verify that all data provided are correct. Any data entry errors may be corrected by using the data edit functions on the Site. Once the order has been submitted, it will no longer be possible to make corrections.
5.4 Once the purchase order has been sent, DROP shall send the Customer an e-mail confirming receipt of the order, containing the order number and details of the order placed ("Confirmation of Receipt").
5.5. The Customer shall retain the order number in the Confirmation of Receipt for the purpose of any communication with DROP.
5.6. Confirmation of Receipt does not in itself constitute acceptance of the purchase order. The Customer's offer to enter into a Contract shall be deemed accepted only upon execution of the order and issuance of the relevant invoice, DROP having the option, until such time, to reject the order. In the event of non-acceptance of the order, DROP shall promptly notify the Customer and refund any sums already paid pursuant to Article 8.8.
6. Product Selection
6.1 The Customer may only purchase the products in the catalogue published on the Site and available at the time of the Customer's purchase order. The catalogue of products may be periodically updated, therefore DROP does not provide any guarantee as to the permanence of a product among those available nor as to the availability of all the sizes/versions of each product/colour in the catalogue.
6.2 Each product is accompanied by a descriptive sheet of its main characteristics. The images and colours of the products in the descriptive sheets may not correspond faithfully to the real ones, due to the settings of the computer systems or devices used by the Customer to view the Site. Therefore, the images published must be considered indicative within the limits of normal tolerance.
6.3 The products on the Site are available while stocks last. If the product selected is not available, DROP shall promptly notify the Customer by e-mail and refund any sums already paid by the Customer.
7. Product Prices
7.1 The sales prices indicated on the Site are inclusive of VAT, if applicable, depending on the country in which the products are shipped.
7.2 The sales prices applicable to the Customer are those published online at the time the purchase order is submitted. These prices may be subject to change without prior notice. It is the Customer's responsibility to check the final price before submitting the purchase order.
7.3 In the event of a recognisable error in the indication of the price of a product or in the calculation of the amount requested in payment, DROP shall not accept the order proposal and shall contact the Customer to enable him to transmit the correct purchase order proposal.
7.4 DROP reserves the right to apply different sales prices depending on the country in which the products are shipped.
7.5. All product prices on the Site are net of shipping costs.
8. Payments, invoicing, refunds
8.1 The payment methods available to the Customer are listed below:
- Credit card (Visa, Mastercard, American Express, Maestro);
- Amazon Pay;
- Google Pay;
- Apple Pay.
8.2 The payment system only accepts cards of the Visa, Mastercard, American Express and Maestro circuits.
8.3 In the case of payment by PayPal or Amazon Pay, the Customer will be redirected to a page on the PayPal or Amazon Pay site where, after entering the email address and password, payment will be made. Payment can only be made by means of a verified PayPal or Amazon Pay account, which can be accessed on the PayPal or Amazon Pay site.
In order to use Google Pay, the Customer must be logged into his Google Account and must have a payment card added to his Wallet.
To use Apple Pay, the Customer must be logged into their cloud account via Apple ID and must have a payment card added to their Wallet.
8.4 Credit card data is handled directly by banks (Payment Service Providers) that specialise in handling online payments; PayPal, Amazon Pay, Google Pay and Apple Pay data is handled directly by PayPal, Amazon, Google and Apple. The information is encrypted using state-of-the-art encryption systems that prevent its use by third parties and is not shared with DROP, but is sent directly to the bank or to PayPal, Amazon, Google, Apple.
8.5 In the event of purchase by Credit Card, PayPal, Amazon Pay, Google Pay and Apple Pay payment methods, the transaction shall be authorised at the time of the purchase order. DROP shall not accept the purchase order in the event that the respective payment provider does not authorise the payment.
8.6 DROP reserves the right to request the Customer to provide additional information (e.g. telephone number) or to send copies of documents proving the ownership of the Credit Card used, solely for the purpose of the verifications necessary for payment by credit card and for the purpose of further protection and safeguard of the Customer. In the absence of the required documentation, DROP reserves the right not to accept the purchase order.
8.8 In the event of cancellation or non-acceptance of the order, DROP shall refund to the Customer, as soon as possible, any amounts already paid. Refunds of the amounts paid by the Customer to DROP shall be made using the same method of payment used by the Customer to make the purchase. Refunds shall be processed in the time and manner provided by the operator of that payment instrument. If there is no correspondence between the addressee of the order indicated in the order proposal and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of cancellation of the order, or non-acceptance thereof or exercise of the right of withdrawal, shall in any event be made to the person who made the payment.
8.9 It should be noted that in online sales, pursuant to Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree No. 696 of 21 December 1996 (as confirmed by Resolution No. 274/E of 5 November 2009), the seller is not required to issue an invoice (nor a receipt or fiscal receipt) to the consumer purchaser (i.e. not a VAT holder). However, the Customer may request DROP to issue a fiscal invoice, if he so wishes, during the purchase procedure. In this case, DROP shall send the requested invoice to the e-mail address or residential address indicated during registration or in the order form. For the purposes of issuing the invoice, the information provided by the Customer at the time of the order shall prevail. After the invoice has been issued, it will not be possible to change the data indicated, so the Customer is invited to carefully check the data entered before proceeding to send the order. If the invoice is not requested during the purchase process, it may in no case be requested and issued afterwards. If the Customer does not request the issuance of an invoice, DROP shall in any case send - to the e-mail address or residential address indicated during registration or in the order form - a purchase receipt, without fiscal validity, useful only for assistance or warranty purposes.
9. Shipping and delivery of products
9.1 Products purchased on the Site are delivered to the shipping address indicated by the Customer when registering on the Site or purchasing the product. The products are delivered by couriers at the shipping address indicated by the Customer in the order form. The couriers may not be able to make delivery in locations that are particularly difficult to reach; in these cases, DROP shall inform the Customer of the non-acceptance of the order.
9.2 Upon delivery of the products to the courier, the Customer shall receive a confirmation notice by e-mail from DROP, expressly indicating the name of the courier used, the estimated delivery time and the tracking code, which will allow the Customer to constantly monitor the shipment ("Shipment Confirmation"). The date of shipment of the products coincides with the date on which the products are entrusted to the courier in charge of their delivery.
9.3 The delivery times and costs of the products vary depending on the countries of destination. In any case, delivery times are indicative and not binding for DROP.
The shipping costs of the products are charged to the Customer, to whom they are communicated during the purchase process, before placing the order. SLAM reserves the right to change the charge of the shipping costs as regulated above, for example by providing free shipping only for purchases that exceed a certain spending threshold and/or only for certain shipping countries and/or only for certain days/periods of the year, by highlighting it on the Website and communicating it to the Customer during the purchase process before placing the order.
For shipments to non-EU countries, the DDU (Delivery Duty Unpaid) formula is used, whereby customs charges will be borne by the Customer, who undertakes as of now to pay them to the forwarding agent or to the relevant competent authorities in addition to the total amount of the order in accordance with the legal provisions of the country to which the Products will be delivered. Therefore, the Customer is advised to inquire about local duties and taxes, before placing the order, with the competent bodies of the non-EU country of destination of the Products.
It is up to the customer, in order to ensure that the package is cleared through customs, to provide all necessary information and/or to pay the relevant fees. If the package is not cleared through customs, it will be returned to our warehouse.
9.4 Upon delivery of the product(s), the Customer shall check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification is unsuccessful, the Customer shall immediately make the appropriate complaints to the courier, rejecting the product or accepting it subject to a written reservation on the transport document. Failing this, once the courier's document has been signed, the Customer may not raise any objection as to the external characteristics of what has been delivered. Furthermore, the Customer shall inform DROP, by contacting Customer Service as set forth in Article 16, no later than 8 (eight) days from the date of delivery of the product, to report any problems concerning the physical integrity, correspondence or completeness of the products received. The Customer's right to the legal guarantee of conformity pursuant to Article 13 below and the right of withdrawal pursuant to Article 14 below shall remain unaffected.
10. Late delivery
10.1 If the Contract has been concluded and the delivery of the products ordered by the Customer has not taken place within the communicated time limit, the time limit for delivery of the products to the Customer shall be extended by a maximum of 30 (thirty) days from the conclusion of the Contract.
10.2 In accordance with Article 61 of the Consumer Code, if DROP does not deliver the products within the time limit referred to in Article 10.1, the Customer may:
- withdraw from the Contract in the manner set out in Article 14.2. and obtain reimbursement in accordance with Article 14.4;
- or request DROP to make delivery within an additional period appropriate to the circumstances. If the additional period expires without the products having been delivered, the Customer shall be entitled to terminate the Contract, without prejudice to the right to reimbursement of all sums paid for performance of the Contract and to damages, if any.
11. Withdrawal of products
11.1 In the event of non-delivery of the products due to the Customer's absence or for other reasons (wrong address, address not found, etc.), a further delivery attempt will be made or the courier will keep the products at its warehouse until they are collected by the Customer, who will be informed accordingly with the notice of attempted delivery. If the products are not collected within the period indicated in the notice of attempted delivery, they will be returned to DROP. In this case, the Contract shall be deemed to be rescinded by right pursuant to Article 1456 of the Italian Civil Code, by sending the Customer written notice by email, and the relevant purchase order shall be cancelled. Within the following 15 (fifteen) days, DROP shall proceed to refund the price paid by the Customer for the products, minus the costs of unsuccessful shipment, the costs of returning the products, and any other expenses that may have been incurred due to the non-delivery of the products due to the Customer's absence or inertia in fulfilling its obligation to receive delivery.
11.2 Following the communication referred to in Article 11.1, the Customer wishing to request delivery of the products previously ordered shall necessarily proceed with a new purchase order, without prejudice to DROP's right to refuse such order.
12. Customer Representations and Warranties
12.1 The Client declares and warrants: that he/she legitimately accepts these General Conditions; that he/she is of legal age; that the personal data and other information communicated to DROP when registering on the Site or purchasing a product are true, correct and up-to-date; that he/she will use the Site in compliance with any applicable provision of law or regulation, refraining from any form of direct and/or indirect use of the Site that is contrary to the law, these General Conditions or that infringes the rights of third parties.
DROP reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting appropriate supporting documentation from the Customer, and, in the event of a breach, to close or suspend the Customer's account.
12.2 The Customer undertakes to indemnify and hold DROP harmless against all liabilities, actions, costs, expenses and claims that may arise from the Customer's breach of the representations and warranties referred to in Article 12.1, without prejudice in any event to DROP's right to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code.
13. Legal guarantee of conformity
13.1 The products sold to the Customer through the Site enjoy the legal guarantee of conformity by the Producer/Supplier, provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee"). To benefit from the warranty, the Customer shall keep and exhibit the invoice (or the purchase receipt or DDT) that he/she will receive at the time of delivery.
13.2 The Legal Warranty may be claimed for any conformity defect existing at the time of delivery of the product, provided that the conformity defect has manifested itself within the term of 2 (two) years from delivery of the product. The Customer is obliged to report the conformity defect by contacting Customer Services in the manner indicated in Article 16; this report must contain an accurate and complete description of the defects or faults complained of. In this case, Customer Services shall acknowledge the Customer's communication and give him/her instructions for shipping the defective product.
13.3 The Customer may, at its own discretion, request that the product be repaired or replaced, at no cost to the Customer, unless the remedy chosen is objectively impossible or excessively burdensome compared to the other taking into account all the circumstances and, in particular, those listed in Article 135-bis, paragraph 2, of the Consumer Code.
13.4 The Producer/Supplier may refuse to make the goods compliant by repair and replacement if repair and replacement are impossible or if the costs that the Producer/Supplier would have to bear are disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis, paragraph 2, letters a) and b), Consumer Code.
13.5 The Client may request, at its discretion, an appropriate reduction in price or termination of the Contract if one of the following situations occurs: (i) the Producer/Supplier has failed to repair or replace the goods or has failed to repair or replace them, where possible, pursuant to article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to make the goods compliant pursuant to article 13.4 above.(ii) a lack of conformity becomes apparent despite the Manufacturer/Supplier's attempt to restore the goods to conformity; (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the contract of sale; (iv) the Manufacturer/Supplier has declared or it is clear from the circumstances that it will not restore the goods to conformity within a reasonable period or without significant inconvenience to the Customer. It is understood that the Customer is not entitled to terminate the contract if the lack of conformity is minor.
13.6 If, after taking back the product, it is ascertained that the conformity defect complained of actually exists, any transport, repair or replacement costs shall be borne by the Producer/Supplier. Otherwise, i.e. where it is ascertained that the conformity defect reported does not exist or that there are no prerequisites for the applicability of the Legal Warranty, the Legal Warranty shall not apply and all transport costs as well as the costs related to the verification of the alleged conformity defect shall be borne by the Customer, who shall be notified thereof.
13.7 The Customer acknowledges and accepts that any defects or damages occurring after delivery of the goods, such as those caused by improper use by the Customer or third parties, are not covered by the Legal Warranty.
14. Right of Withdrawal
14.1 Pursuant to Articles 52 et seq. of Legislative Decree No. 206/2005, as amended, the Customer shall have the right to withdraw from the contract, without having to give any reasons, within 14 (fourteen) days from the date of delivery of the products, or from the day on which the Customer or a third party designated by him acquires physical possession of the products. If the Customer has purchased with a single order several products that were delivered on different dates, the withdrawal period shall expire after 14 (fourteen) days from the date of delivery of the last product. Withdrawal is not permitted for the types of products for which this is expressly excluded pursuant to Article 59 of Legislative Decree no. 206/2005 and subsequent amendments (for example, for goods made to measure or clearly customised).
14.2 To exercise the right of withdrawal, the Customer, in accordance with Article 54 of the Consumer Code, may use, at his or her discretion, one of the following methods:
- by filling in the online return form on the Site in the 'Customer Service' section under 'Returns';
- transmission to the Vendor at the following contact: firstname.lastname@example.org of an express declaration of intention to withdraw from the contract.
In the e-mail for the exercise of the right of withdrawal or in the return form, the Customer shall obligatorily quote the order number indicated in the Confirmation of Receipt referred to in Article 5.4.
14.3 Upon receipt of the request for withdrawal, DROP shall promptly notify the Customer by email with a confirmation of receipt, as well as the return form to be inserted in the package and instructions on how to proceed with the return of the product.
14.4 In the event of withdrawal, the Customer shall be reimbursed all amounts paid to DROP for the performance of the contract, including delivery costs incurred during the purchase.
The refund shall be made without undue delay and in any event no later than 14 (fourteen) days from the day on which DROP was informed of the Client's decision to withdraw from the Contract. Such refunds shall be made using the same means of payment used by the Client for the initial transaction.
The costs of returning products are borne by the Customer.
SLAM reserves the right to change the return costs of returned products, for example by providing free of charge for partial returns and/or higher than a certain value and/or only for returns from certain countries and/or only on certain days/periods of the year, by highlighting it on the Website and by notifying the Customer during the return procedure.
In the event of withdrawal, any customs charges for returns from non-EU countries will be borne by the Customer.
In the event of withdrawal, any customs duties, local taxes and goods and services tax paid by the Customer pursuant to Article 9.3 above shall not be refunded.
14.5 For the purposes of withdrawal, the Customer shall return the returned product(s) without undue delay and in any event within 14 (fourteen) days from the day on which it communicated to DROP its intention to withdraw from the Contract. The deadline shall be deemed to have been met if the Customer returns the products before the expiration of the 14 (fourteen) day period to the following address: SLAM.COM SPA c/o BFASHION Viale G. Nogaris, 20 - Frazione Pollenzo 12042 Bra (Cn) - Italy.
14.6 Please note that fine leather products subject to C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973) certification, delivered outside the territory of the European Union, may only be returned if accompanied by the certificate issued by the competent body. The Customer who intends to return such goods shall therefore be obliged to obtain the necessary documentation for the return of the products and to bear the related costs, which in no case may be deemed to be borne by DROP.
14.7 DROP may suspend the reimbursement due as a result of the exercise of the right of withdrawal until receipt of the products or until the Customer proves that he has returned the products, whichever is sooner.
14.8 The Customer shall return the products in an undamaged condition, undamaged, with original labels not removed, and in the original packaging. The packaging of the products must be accurate, in order to safeguard the original wrappings from damage, writing or labels.
14.9 In the event of forfeiture of the right of withdrawal due to expiration of the terms or in the event that the return cannot be accepted because it does not comply with the conditions set forth in Article 14.8, DROP will notify the Client by registered mail with return receipt; the product, if already returned, will remain at the disposal of the Client at the SLAM warehouse in Viale G. Nogaris, 20 - Frazione Pollenzo 12042 Bra (Cn) - Italy, for a period of 30 (thirty) days from the date of sending the registered letter. After this period SLAM undertakes to return the product to the Customer by courier. The shipping costs and the price of the product, if already refunded, will be charged to the Client.
15. Protection of personal data
16 Customer service
16.1 The Customer Service, which the Customer may contact for any information, assistance or complaints, can be reached at the following numbers:
email@example.com - +39 02 4070 0547.
17 Online Dispute Resolution
17.1 The Customer has the possibility of having recourse to the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and DROP may resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show
18 Applicable Law and Jurisdiction
18.1 These General Terms and Conditions are governed entirely by Italian law. The conflict of laws rules and in any case the rules of private international law as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980 are excluded.
The mandatory provisions of the law of the state in which the customer has his habitual residence remain unaffected.
18.2 Any dispute that may arise between the parties in connection with the validity, interpretation, execution and termination of these General Conditions or of each Contract - if the Customer intends to take recourse to ordinary Judicial Authorities - shall be submitted to the exclusive jurisdiction, at the Seller's discretion, of the Court of Fermo or of the Court of the country of residence or domicile of the consumer, if the latter country is an EU Member State. The Seller shall submit any dispute arising under these General Conditions to the competent Court of the country in which the Customer normally resides, if it is an EU Member State; otherwise it shall be submitted to the Court of Fermo.