General condition of sale

Introduction

The purpose of these general conditions of sale (hereinafter “General Conditions”) is to discipline the distance purchase of products and services, made available via the internet on the website www.sease.it (hereinafter, the “Website”), in compliance with Italian legislation, specifically Legislative Decree 206/2005 as amended (hereinafter “Consumer Code”).

 

The goods constituting the subject of these General Conditions are made available for sale by Sease S.r.l., with registered office in Milan 20123, Via Enrico Toti no. 2, Milan Chamber of Commerce Registration no. 2086253, Business Registry, Tax Identification/VAT no. 09374360965 (hereinafter the “Supplier”), email/certified email: fuga192@legalmail.it.

 

The consumer who accesses the Website (hereinafter the “Purchaser”) should thoroughly read the General Conditions available for consultation on the Website, before making any purchases.

 

Contracts concluded with Sease S.r.l. via the Website are regulated by these General Conditions, in compliance with Italian legislation. The language in which the contract will be concluded is: Italian.

 

1. Definitions

1.1. The term “online sale contract” is used to refer to the sale and purchase agreement involving the Supplier’s movable tangible goods, stipulated between the latter and the Purchaser within the scope of a distance sale system by means of telematic solutions, organised by the Supplier.

 

1.2. The term “Purchaser” is used to refer to the consumer (physical person or company) who carries out the purchase constituting the subject of this contract.

 

1.3. The term “Supplier” is used to refer to the aforementioned entity, namely the entity providing information services.

 

2. Subject of the contract

With this contract, the Supplier sells and the Purchaser purchases movable tangible goods remotely, specified and made available for sale on the website https://www.sease.it (hereinafter “Products”), by means of telematic instruments.

 

3. Contract stipulation procedure

The contract between the Supplier and Purchaser is concluded exclusively via the internet, by means of the Purchaser accessing the website https://www.sease.it, where they must follow instructions, fill in and send the order form in electronic format. The Purchaser must add the Product to the “Cart” and after reading these General Conditions and submitting confirmation of their acceptance, must insert shipment information, select the desired payment method and confirm the order, which will have the value of a contractual proposal.

 

4. Conclusion and efficacy of contract

4.1. The purchase contract between Sease S.r.l. and the Purchaser will be considered concluded upon acceptance of the contract by Sease S.r.l. Notification of said acceptance will be submitted to the Purchaser by means of a printable order confirmation email, containing the order number, list of Products ordered and Purchaser details, the price of purchased goods, shipment costs, methods and terms of payment, the address to which goods will be delivered, delivery times and the existence of the right of withdrawal.

 

4.2. The contract will not be considered perfected and effective between the parties if the contents of the previous point are not fulfilled.

 

4.3 After checking the order confirmation email, the Purchaser should inform of any errors in the order within twelve (12) hours after receiving the email. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Purchaser’s rights as specified in point 14 here below.

 

5. Information on Products

5.1 Information and descriptions of Products are available on the Website and are provided before the purchase is concluded. All information in support of the purchase is to be considered simple information material.

 

5.2 All information on Products is provided in Italian and English.

 

5.3 Visual representations of Products on the Website, whenever available, normally correspond to the photographic image which accompanies the description sheet. It remains understood that the sole purpose of Product images is to present them for sale and said images cannot constitute perfect representations of Product characteristics and quality. In case of discrepancy between the image and Product information sheet, descriptions contained in the Product sheet shall prevail.

 

6. Payment methods and refunds

6.1. The Purchaser must pay by credit card (Visa, MasterCard, American Express and/or other cards), bank transfer, PayPal, Apple Pay, Google Pay, Shop Pay, LUNU Crypto Pay.

6.2 In case of payment by bank transfer, payment must be carried out irght after the order as we need to receive funds on our account within 3 days from the order date. After this term, the order will be cancelled and goods will be made available once more for purchase by others purchasers.

 

Details required for bank transfer:

Holder: Sease S.r.l.

IBAN: IT80 R032 6801 0010 5224 7128 910

BIC/SWIFT: SELBITBXXX

Bank: BANCA SELLA S.p.A. - Agenzia di Corso De Gasperi - Corso Alcide De Gasperi, 46 – 10129 TORINO (TO)

Payment description: the Purchaser must specify order date and Order ID in the payment description, contained in the confirmation email.

 

6.3. Any refunds will be promptly credited to the Purchaser’s account by means of one of the methods proposed by the Supplier and selected by the Purchaser, and if the right of withdrawal is exercised, no later than 14 days from the date in which the Supplier receives notification of withdrawal.

 

6.4 If the purchase is carried out by a professional, the Purchaser will be requested to insert invoicing details, including tax identification number and/or VAT number into the cart page. Professionals are responsible for submitting correct invoicing details.

 

6.5. Sease S.r.l. avails itself of the highest security measures commercially available in the sector. Furthermore, the payment process relies on a safe server, which uses the SSL protocol (Secure Socket Layer). The safe server establishes a link, which enables the transmission of information encrypted by means of 128-bit algorithms that are intelligible to the Purchaser’s and Website’s computer only. Therefore, the SSL protocol guarantees:

(i) that the Purchaser discloses their data to the Supplier’s central server and no one else.

(ii) that data is transmitted in encrypted form between the Purchaser and the central server, thus preventing any third party reading or manipulation. Furthermore, Sease S.r.l. declares that it does not have access to and does not record any sensitive data regarding the payment method used by the Purchaser. Only the entity which processes the payment has access to such data, for payment and collection management purposes.

 

European Credit Card payments are subject to the European PSD2 regulation (European Directive 2015/2366), which introduces new authentication rules*.

 

Strong Customer Authentication is a security policy in the EEA that helps reduce fraud and make payments more secure. It is part of the revised Payment Services Directive. Strong Customer Authentication is similar to what many people refer to as two-factor authentication: if a customer is buying online using their debit or credit card, SCA may require them to use two forms of authentication. As an example, instead of just entering their PIN or password, SCA might prompt a customer to enter a code texted to them as a second step. Strong Customer Authentication also helps ensure that a breach of one authentication item doesn’t compromise another method of authentication, furthering the overall security of the customer’s information. Please contact your bank to request further information on this service.

6.6. Payment can also be processed using one of the following cryptocurrencies: Bitcoin (BTC), Ethereum (ETH), Binance coin (BNB), Ripple (XRP), stablecoins: Tether (USDT), USDCoin (USDC). Sease accepts payments from major crypto wallets (60+). Please note that the order value displayed online at checkout will be shown in fiat currency (EUR, CHF, GBP, USD). After selecting "pay with your cryptocurrency" as payment method and after selecting your wallet, you will be shown the price in crypto currency. The additional fees of the networks (eg: GAS fee) are excluded from the order total. In the event of a return, the total of the original order will be refunded (equal to fiat currency); the payment gateway will convert the total into crypto currency at the time of the transaction. Also in this case, the additional costs of the networks are borne by the Buyer.

 

7. Delivery times and methods

7.1. Shipment methods, times and costs are clearly specified during the purchasing process.

 

7.2. The Supplier will send Products purchased on the Website to the address specified by the Purchaser during the purchasing process, by means of express courier (hereinafter “courier”). Sease S.r.l. will not be held liable for any unforeseeable delays or any delays beyond its control.

 

7.3 When the Products are dispatched, the Purchaser will receive a confirmation email containing a link for tracing the shipment.

 

7.4 In any case, except for situations of force majeure or unforeseeable circumstances, ordered Products will be delivered within five (5) working days starting from the day after the one in which Sease S.r.l. confirms the Purchaser’s order by means of special order confirmation email.

 

7.5 Upon delivery, the Purchaser must check:

 

that packaging is intact, not damaged, wet or altered in any way;

that the number of packages corresponds to the number specified on the transport document.

Any damage to the Product or packaging, or discrepancies with specifications must immediately be raised with the courier by specifying “goods received subject to verification” on courier’s proof of delivery. After signing the courier’s document, the Purchaser will no longer be able to contest the external features of what has been delivered.

 

7.6 If material has not been collected within 5 working days from the courier’s warehouse following repeated attempts of delivery to the address specified by the Purchaser upon placing the order, the order will be cancelled. Under such circumstances the price paid will be refunded, except for personalised Products. Said refund will not include shipment costs.

 

8. Prices

8.1. All Product sale prices on display and specified on the Website are expressed in EUR, CHF, USD, or GBP depending on the selected shipping country.

 

8.2. Sale prices as described in the aforementioned point include VAT and any other taxes/duties unless specified otherwise by the Supplier. Despite not being included in the purchase price, all shipment costs and any ancillary charges, if present, are specified and calculated during the purchasing procedure, prior to Purchaser’s order confirmation.

 

9. Product availability

9.1. The supplier promptly processes and executes all orders by means of its computerised system. To this end, it specifies the number of available Products in its own electronic catalogue, as well as any unavailable Products and shipment times.

 

9.2. If an order is received for a quantity exceeding warehouse availability, the Supplier will inform the Purchaser via email that the goods at hand cannot be booked, while also specifying the waiting time for obtaining the requested goods and requesting whether they intend to confirm the order or not.

 

9.3. The supplier’s computerised system confirms successful order registration in as brief a time as possible and sends a confirmation email to the Purchaser, pursuant to point 4.1.

 

9.4 In case of orders containing several Products, if one or more Products are unavailable, the Supplier will promptly notify the Purchaser via email, specifying delivery times. The Purchaser, within the next 12 hours, has the right to respond to confirm the shipment of any remaining available Products, or cancel the shipment altogether. After this deadline, the order will be considered confirmed and available Products will be processed for shipment. In this case, amounts for unavailable Products will be immediately cancelled, according to selected method of payment.

 

10. Limitation of liability

10.1. The Supplier will not be held liable for any disservice attributable to force majeure, in the event it is unable to complete an order within contractual terms.

 

10.2. The Supplier will not be held liable by the Purchaser, except for in cases of malice or gross negligence, for disservices or malfunctioning linked to the use of internet, beyond its control or the control of sub-suppliers.

 

10.3. Furthermore, the Supplier will not be held liable for any damage, loss or costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to it, insofar as the Purchaser only has the right to a full refund of the price paid and any ancillary costs incurred.

 

10.4. The Supplier declines all liability for any fraudulent and illicit use by third parties of credit cards, cheques and other means of payment, during payment for purchased Products, if it proves that it has adopted all possible precautions, based on the best technology and experience available at the time as well as ordinary diligence.

 

11. Liability for defects, proof of damage and recoverable damages: Supplier’s obligations

11.1. Pursuant to art. 116 of the Consumer Code, the Supplier is responsible for damage caused by defects of sold goods if it fails to inform the damaged party of the identity and domicile of the manufacturer or the entity who supplied the goods at hand, within 3 (three) months from receiving the request.

 

11.2. The damaged party must submit such a request in writing and is required to specify the Product which caused damage, the purchase date and the Product offer, if it still exists.

 

11.3. The Supplier will not be held liable for consequences deriving from a defective Product if the defect is attributable to Product conformity, statutory laws or binding provisions, that is: if the state of scientific and technological knowledge, at the time in which the Product was issued by the manufacturer, did not enable the identification of the Product as defective.

 

11.4. No refund will be issued if the damaged party is aware of the Product defect and the resulting danger, or if they voluntarily expose themselves to the risk.

 

11.5. In any case, the damaged party will be required to prove the defect, damage and the causal connection between defect and damage.

 

11.6. Damage to things as per art. 123 of the Consumer Code will be refundable only for amounts in excess of three hundred and eighty-seven Euros (387 Euros).

 

12. Guarantees and assistance procedures

12.1. All Products sold on the Website are covered by Legal Guarantee of Conformity as set forth in articles 128-135 of the Consumer Code (“Legal Guarantee”). Legal Guarantee is reserved for consumers only.

 

12.2 Without prejudice to normal product deterioration processes and/or specific indications, the Supplier will respond for any conformity defects which may arise within the limit of two years from Product delivery date.

 

12.3 Without prejudice to paragraph 12.2 here above,

 

12.3.1 in case of conformity defects of Products sold by the Supplier, the Purchaser must immediately contact Sease S.r.l. by phone and send an email to info@sease.it.

 

12.3.2 Legal guarantees set forth in articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Purchaser may choose to avail themselves of the right, on the condition that the type of Product enables them to do so, to restore Product conformity at no further cost by means of repair or replacement, or obtain an adequate reduction in price, or terminate the contract.

 

12.3.3. The Purchaser’s rights will be voided if they fail to report the conformity defect within two month from the date of discovering the defect, and on the condition that the Product at hand is not perishable or subject to an even shorter expiry date, in which case the defect must be reported within said briefer expiry date.

 

12.4 Products that have been repaired, modified or altered by the Purchaser in any way are excluded from Legal Guarantee. The following are also excluded from the field of application of Legal Guarantee: any breakages, malfunctions or defects of any other kind caused by accidents or attributable to the Purchaser’s responsibility, namely if the Product is not used according to intended use and/or instructions contained in technical documentation supplied with the Product if any exists, or in instructions for use of said Product. The guarantee is personal and will only be applied to the original Purchaser.

 

13. Purchaser’s obligations

13.1. The Purchaser undertakes to pay the price of purchased goods within contractually specified times and methods.

 

13.2. Upon concluding the online purchasing procedure, the Purchaser undertakes to print and conserve this contract.

 

13.3. The Purchaser recognises and declares they have read all instructions supplied during the purchasing procedure and that they fully accept these General and Payment Conditions specified here in writing.

 

14. Right of withdrawal

14.1. In any case the Purchaser has the right to withdraw from the stipulated contract, without incurring any penalty and without specifying the reason, or alternatively (i) upon delivery to previously confirmed address, the purchaser also has the right to directly and immediately return the goods to the courier, without being required to notify the Supplier of their wish to do so by means of prior written notification (registered letter with return receipt), or (ii) within 14 (fourteen) working days, starting from the day in which they received the purchased goods.

 

14.2. If the Purchaser decides to avail themselves of the right of withdrawal as specified in 14.1 (ii), they must submit notification to the Supplier by means of registered letter with return receipt sent to Sease S.r.l. at the following address: SEASE Store Via Montenapoleone 19 – 20121 – Milan or writing an e-mail to info@sease.it

 

14.3 Upon receiving notification, the Supplier will provide the Purchaser with instructions on how to return Products. The return package must be delivered to the Courier within 14 days from the confirmation of the return request. After this period, it is no longer possible to change and/or refund the products.

 

14.4 The right of withdrawal is disciplined by the following conditions:

 

The right applies to integrally purchased Products, therefore if the Product consists of several components or parts, it is not possible to exercise the right of withdrawal for part of the purchased Product only.

If the right of withdrawal is exercised, Sease S.r.l. will refund the full amount of goods returned by the Purchaser, excluding shipment costs if specified, within 30 days from the date in which it receives notification of withdrawal, without prejudice to the right of Sease S.r.l. to suspend refund payments until reception of goods. The refund will be carried out by means of the same payment method used by the Purchaser unless the latter explicitly requests a different payment method. In case of bank transfer, the Purchaser must provide full bank details (account holder, bank name, address and IBAN).

SEASE will organize Return Shipment, and costs for the return of goods will be borne by the Purchaser if the order is below 350 EUR, 500 USD, 500 CHF, 400 GBP. If the order is above 350 EUR, 500 USD, 500 CHF, 400 GBP return costs will be covered by SEASE for the first size change or product change or the first return request of the mentioned order.

Until confirmation of reception at the Supplier’s warehouse, the Purchaser is fully responsible for the shipment.

Sease S.r.l. will not be held liable in any way for the damage, theft/loss of goods returned by means of shipment without insurance coverage.

If goods are damaged during shipment, Sease S.r.l. will notify the Purchaser (within 5 working days) so that they can file a complaint with the courier and obtain a refund, if entitled. In this case, the Product will be made available by the Purchaser for return, simultaneously cancelling the request for withdrawal.

The right of withdrawal will be nullified if the essential condition of the integrity of goods involved (packaging and/or contents) is found to be lacking and in cases in which Sease S.r.l. ascertains:

A lack of exterior packaging and wrapping containing the purchased Product.

Damage caused to the Product due to causes other than transport.

In case of the forfeiture of the right of withdrawal, Sease S.r.l. will return purchased goods to the sender who will also be charged with shipment costs.

 

14.5. Upon reception of notification of the Purchaser’s decision to exercise their right of withdrawal, the parties of this contract are released from mutual obligations, without prejudice to provisions specified in previous points of this article.

 

15. Errors and limitations of liability

15.1 Information regarding Products supplied via the Website is constantly updated. However it is not possible to guarantee the total absence of errors for which Sease S.r.l. will not be held liable, unless in cases of malice or gross negligence.

 

15.2 Sease S.r.l. reserves the right to correct errors, inaccuracies or omissions, even after the order has been dispatched, or to amend or update information at any time without prior notification, without prejudice to the Purchaser’s rights pursuant to these General Conditions and the Consumer Code.

 

15.3 Except for in cases of malice or gross negligence, all Purchaser rights to an award for damages or compensation as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by total or partial failure to accept or execute an order, are excluded.

 

15.4 Sease S.r.l. will not be held liable in case of damage of any nature caused by the improper use of Products, or use which does not comply with instruction supplied by the manufacturer, or in case of damage caused by unforeseeable circumstances or force majeure.

 

16. Causes of termination

Obligations specified in point 13.1 accepted by the Purchaser as well as the guarantee of successful completion of payment carried out by the purchaser according to any of the methods listed in art. 6.1, are essential and therefore by express agreement, the breach of one of these obligations that is not attributable to unforeseen circumstances or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial verdict.

 

17. Intellectual and industrial property rights

Sease S.r.l. informs that the Website as well as all brands and distinguishing marks it uses for the sale of Products, are protected by applicable intellectual and industrial property rights which forbid any type of reproduction, disclosure, distribution, publication, alteration or transformation, in whatever form and for whatever purpose, of Website contents, brands and distinguishing marks used by Sease S.r.l. (such as, by way of example: works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functionalities and Website design).

 

18. Protection of confidentiality and processing of Purchasers’ data

18.1. The Supplier protects the privacy of its customers and guarantees that data is processed in compliance with privacy legislation provisions set forth in Legislative Decree no. 196, 30th June 2003.

 

18.2. Personal and fiscal data acquired by the Supplier who is also the Data Controller, directly or via third parties, are collected and processed in hard copy, computerised and telematic form as part of the processing method, with the purpose of recording the order and activating procedures for the execution of this contract and relative necessary notifications, in addition to any statutory obligations, and to enable the effective management of sales relations to the extent that is necessary for supplying the requested service (art. 24, paragraph 1, lett. b), Legislative Decree 196/2003)22.

 

18.3. The Supplier hereby undertakes to process data and information disclosed by the Purchaser in full confidentiality and not disclose them to unauthorised persons or use them for purposes other than those for which they were collected, or disclose them to third parties.

Such data may only be disclosed upon request from the judicial authorities, namely other authorities with legal authorisation.

 

18.4. Personal Data will be disclosed, subject to the signing of a confidentiality agreement for said data, and only to entities appointed to carry out activities necessary for executing the stipulated contract, exclusively within the scope of said purpose.

 

18.5. The Purchaser enjoys rights set forth in art. 7 of Legislative Decree 196/2003, specifically, the right to obtain:

 

the updating, correction, or, when necessary, integration of data;

the cancellation, transformation into anonymous form or the blockage of data processed in breach of the law, including data that does not need to be stored in relation to the purposes for which the data was collected or subsequently processed;

certification to the effect that notification has been supplied of operations as per letters a) and b), as regards their content, to those to whom the data was communicated or disseminated, except for the case where notification proves impossible or requires the use of means clearly disproportionate to the right being protected.

The interested party also has the right to contest in part or fully the legitimate processing of personal information regarding him/her, even if it is pertinent to the purpose of its collection, to the processing of Personal Data which is carried out to the purpose of sending advertising or sales material or for carrying out market research or commercial communication.

 

18.6. The disclosure of Personal Data by Purchasers is an essential condition for the correct and prompt execution of this contract. Failure to do so will mean that the Purchaser’s request will not be processed.

 

18.7. In any case, acquired data will be conserved for no longer than is necessary for fulfilling the purposes for which they were collected or successively processed. In any case, they will be removed safely.

 

18.8. Sease S.r.l. is the data collection and processing controller, with registered office in Via Enrico Toti 2, 20123 Milano, tax identification and VAT number: 09374360965 and the purchaser can send all requests to said company.

 

18.9. Anything that is sent to the Supplier’s address and email (requests, suggestions, ideas, information, material, etc.) will not be considered as information of a confidential nature, must not breach the rights of other and must contain correct and truthful information which does not compromise the rights of other parties and the Supplier will not be held liable for the content of such messages under any circumstances.

 

19. Contract archiving procedure

Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that all orders sent are conserved in hard copy/ electronic format on the server/at the Supplier’s office, in compliance with confidentiality and security requirements.

 

20. Communications and claims

All written correspondence intended for the Supplier and any complaints will be deemed valid only if sent to the following address: SEASE S.r.l., Via Gian Battista Vico 32, Milan, or by email to info@sease.it. On the registration form, the Purchaser will specify their own permanent address or domicile, telephone number or email for receiving correspondence from the Supplier.

 

21. Applicable law and competent court

21.1. The sale contract between the Purchaser and Sease S.r.l. shall be understood to have been completed in Italy and is regulated by Italian Law.

 

21.2. The resolution of disputes regarding the interpretation, execution or termination of these General Conditions or single purchase orders if the Purchaser is a consumer pursuant to the Consumer Code, will be subject to the jurisdiction of the court of their municipality of residence or domicile if in Italian territory. In all other cases, the Court of Milan holds territorial competence over all other competent courts.

 

21.3 In case of dispute regarding the payment of an amount lower than € 50,000.00 generated by the e-commerce sale to purchasers who cannot be qualified as “consumers”: before bringing the dispute to the Court, an “assisted negotiation” procedure must be undertaken, pursuant to Legislative Decree 132/2014.

 

21.4 In any case, it is possible to resort to the option of mediation procedures specified in Legislative Decree 28/2010, for the resolution of any disputes which arise in the interpretation and execution of these General Conditions.

Pursuant to art. 1341 of the Civil Code, the Purchaser hereby declares that they have read and specifically accept the following articles of these General Conditions: 7 (liability for delays in delivery), 15 (the right to correct errors - exonerations of liability).