General condition of sale

Introduction

These general terms and conditions of sale (hereinafter referred to as "General Terms") govern the purchase of products and services made remotely and made available through the website www.sease.it (hereinafter, the "Site") in compliance with Italian regulations, specifically Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").

The goods covered by these General Terms are sold by Sease S.r.l., a company with its registered office in Milan, 20123, Via Enrico Toti No. 2, registered with the Milan Chamber of Commerce under registration number 2086253 in the Business Register, Tax Code/VAT Number 09374360965 (hereinafter, the "Supplier"), with email/certified email address: fuga192@legalmail.it.

The consumer accessing the Site (hereinafter the "Buyer") is required, before making any purchases, to carefully read the General Terms made available to them on the Site.
Contracts concluded with Sease S.r.l. through the Site are governed by these General Terms in accordance with Italian law. The language available to complete the contract is Italian.

 

1. Definitions

1.1. The term “online sales contract” refers to the contract of sale concerning the Supplier’s movable goods, entered into between the Supplier and the Buyer within a remote sales system using telematic tools, organized by the Supplier.

1.2. The term “Buyer” refers to both the consumer (a natural person acting for purposes unrelated to entrepreneurial, commercial, craft, or professional activity) and the professional (a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity) making the purchase under this contract.

1.3. The term “Supplier” refers to the entity mentioned above or the provider of 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 the Buyer is concluded exclusively through the internet network by the Buyer accessing the address https://www.sease.it. There, following the indicated procedures, the Buyer must fill out and submit the electronic order form. The Buyer must add the Product to the "Cart," review these General Terms, and confirm their acceptance. Then, the Buyer must enter shipping details, 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 Buyer is considered concluded upon acceptance of the order by Sease S.r.l. This acceptance is communicated to the Buyer through the sending of an order confirmation email, which can be printed. The email will contain the order number, a list of the ordered Products, the orderer's details, the price of the purchased goods, shipping costs, payment methods and terms, the delivery address, delivery times, and information regarding the right of withdrawal.

4.2. The contract is not considered perfected and effective between the parties if the above-mentioned details are not provided.

4.3. After reviewing the order confirmation email, if the Buyer identifies any errors in the order, they must communicate these errors within twelve (12) hours of receiving the email. After this period, the order will be processed for shipment, and no changes will be accepted, without prejudice to the Buyer’s rights as outlined in section 14.

 

5. Information on Products

5.1. Information and descriptions related to the Products are available on the Site and are provided before completing the purchase. All information supporting the purchase should be considered as simple general informational material.

 

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

 

5.3 The visual representation of the Products on the Site, where available, usually corresponds to the photographic image accompanying the product description. It is understood that the image of the Products is for presentation purposes only and may not perfectly represent their characteristics and quality. In case of a discrepancy between the image and the written product description, the written product description shall always 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 to the Buyer will be credited through one of the methods offered by the Supplier and chosen by the Buyer in a timely manner, and in the event of exercising the right of withdrawal, at the latest within 14 days from the date the Supplier is informed of the withdrawal.

6.4. If the purchase is made by a professional, the Buyer will have the option to enter billing information, including tax code and/or VAT number at checkout. The professional is responsible for correctly entering the billing details.

6.5. Sease S.r.l. employs the highest available security measures in the industry. Furthermore, the payment process takes place on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of encrypted information through 128-bit algorithms, ensuring that the information is only readable by the Buyer’s computer and the Site’s computer. In this way, by using the SSL protocol, it is guaranteed:

(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. Under Article 116 of the Consumer Code, the Supplier is responsible for any damage caused by defects in the sold goods if it fails to inform the injured party, within 3 (three) months of the request, of the identity and address of the manufacturer or the person who supplied the goods.

11.2. The request from the injured party must be made in writing and must specify the product that caused the damage and the purchase date. It must also include an offer to inspect the product, if still available.

11.3. The Supplier cannot be held liable for any consequences arising from a defective product if the defect is due to compliance with legal requirements or binding regulations, or if the state of scientific and technical knowledge at the time the product was released did not allow the product to be considered defective.

11.4. No compensation will be due if the injured party was aware of the defect in the product and the potential danger it posed but voluntarily exposed themselves to it.

11.5. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.

11.6. Damage to property, as per Article 123 of the Consumer Code, will only be compensated to the extent that it exceeds the amount of three hundred eighty-seven euros (€387).

 

12. Guarantees and assistance procedures

12.1. All products sold on the Site are covered by the Legal Warranty of Conformity provided for by Articles 128-135 of the Consumer Code ("Legal Warranty"). The Legal Warranty is reserved for consumers.

12.2. Except for normal product wear and/or specific instructions, the Supplier is responsible for any conformity defects that appear within two years from the delivery of the product.

12.2.1. The Buyer benefits from the 2 (two)-year Legal Warranty of Conformity as per Articles 128-135 of the Consumer Code. This warranty covers only pre-existing conformity defects at the time of sale and does not apply to damage resulting from improper use, negligence, washing contrary to instructions, normal wear and tear, or alterations made by the Buyer. After 12 (twelve) months from the delivery of the product, the Buyer has the burden of proving that the defect existed before the purchase and was not due to improper use or natural wear.

12.3. Except as provided in the previous paragraph 12.2.

12.3.1. In case of conformity defects of products sold by the Supplier, the Buyer must immediately contact Sease S.r.l., no later than 48 hours from discovering the defect, by phone and subsequently by sending an email to info@sease.it with photographic documentation of the defect found.

12.3.2. The Buyer is entitled, at their choice and provided that the type of product allows it, to the restoration of conformity of the product without cost by repair or replacement, or to a suitable reduction of the price or the termination of the contract.

12.3.3. The Buyer loses these rights if they do not report the conformity defect to the Supplier within two months from the date they discovered the defect, except for products that are naturally perishable or subject to a shorter expiration period, in which case the defect must be reported within that reduced period.

12.4. The Legal Warranty does not apply to products that have been repaired, modified, or in any way altered by the Buyer. Additionally, the Legal Warranty does not apply to faults, malfunctions, or defects resulting from accidental events, Buyer’s responsibility, or improper use of the product not in accordance with its intended use or the technical documentation attached to the product, if any, or the usage instructions. The warranty is personal and only applies to the original Buyer.

 

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. The Buyer has the right to withdraw from the contract concluded, without penalty and without providing any reason, by either:
(i) returning the goods directly to the courier at the time of delivery at the shipping address previously confirmed, without needing to communicate this intention to the Supplier beforehand with a written notice (registered mail with acknowledgment of receipt); or
(ii) within 14 (fourteen) working days, starting from the day the goods were received.

 

14.2. If the Buyer decides to exercise the right of withdrawal under 14.1 (ii), they must inform the Supplier by registered mail with acknowledgment of receipt sent to Sease S.r.l.’s operational address at Via Gian Battista Vico 32, 201213, Milan, or by sending an email to info@sease.it.

 

14.3 Upon receiving this communication, the Supplier will provide the Buyer with instructions for returning the products. The returned product must be entrusted to the courier within 14 days from the confirmation of the return request, after which no exchange and/or refund will be possible for the product.

 

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

 

The right applies to the entire product purchased; therefore, if the product consists of multiple components or parts, it is not possible to withdraw only part of the purchased product.

If the Buyer exercises the right of withdrawal, Sease S.r.l. will refund the full amount of the returned goods, excluding shipping costs where applicable, within 30 days from the date the withdrawal communication was received, provided that Sease S.r.l. reserves the right to withhold the refund until the goods are actually received. The refund will be made using the same payment method used by the Buyer, unless they have expressly requested a different method. In the case of a bank transfer, the Buyer must provide the bank details for the refund (account holder’s name, bank name, and IBAN).

The return shipping costs are borne by the Buyer if the order is below EUR 350, USD 500, CHF 500, or GBP 400. If the order is above these amounts, return shipping costs are covered by the Supplier for the first size exchange or product change or the first return request for that order. It is specified that from the second return for the same order, return shipping costs will be fully borne by the Buyer.

The shipping, until confirmation of receipt at the Supplier’s warehouse, is the complete responsibility of the Buyer. Sease S.r.l. is not responsible for damages or loss of goods returned by uninsured shipping.

In case of damage to the product during transport, Sease S.r.l. will inform the Buyer within 5 working days so that they can file a claim with the courier and seek reimbursement. In this case, the product will be made available to the Buyer for its return, and the withdrawal request will be canceled.

 

The right of withdrawal will be fully lost if the product is not in its original condition, particularly if the packaging or the product itself is damaged for reasons other than transport.

14.5. Upon receipt of the communication from the Buyer regarding the exercise of the right of withdrawal, the parties will be released from their respective obligations under this contract, except as provided in the previous points of this article.

 

 

15. Errors and limitations of liability

15.1. The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Sease S.r.l. cannot be held responsible, except in cases of fraud or gross negligence.

15.2. Sease S.r.l. reserves the right to correct any errors, inaccuracies, or omissions, even after an order has been submitted, or to modify or update information at any time without prior notice, subject to the rights of the Buyer under these General Terms and Conditions and the Consumer Code.

15.3. Except in cases of fraud or gross negligence, the Buyer waives any right to compensation for damages, whether direct or indirect, consequential, incidental, or of any other nature, or to the recognition of any indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance or partial fulfillment of an order.

15.4. Sease S.r.l. is not responsible for any damages of any kind resulting from improper use of the Products and/or use not in accordance with the manufacturer’s instructions, nor for damages resulting from fortuitous events or force majeure.

 

16. Causes of termination

The obligations set forth in point 13.1, assumed by the Buyer, as well as the guarantee of the successful payment made by the Buyer through the means described in article 6.1, are essential. Therefore, by express agreement, failure to fulfill any of these obligations, unless caused by fortuitous events or force majeure, will result in the automatic termination of the contract under article 1456 of the Civil Code, without the need for judicial pronouncement.

 

17. Intellectual and industrial property rights

Sease S.r.l. informs that the Site, as well as all trademarks and distinctive signs used in relation to the sale of the Products, are protected by applicable intellectual and industrial property rights. Any form of reproduction, communication, distribution, publication, alteration, or transformation of the Site’s content, trademarks, and distinctive signs used by Sease S.r.l. (such as, for example, works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functionalities, and design of the Site) is prohibited.

 

18. Protection of confidentiality and processing of Purchasers’ data

18.1. The Supplier protects the privacy of its customers and ensures that the processing of data complies with the privacy regulations provided by GDPR (EU Regulation 2016/679) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018.

18.2. The personal and fiscal data collected directly and/or through third parties by the Supplier, the data controller, are processed in paper, computer, and telematic form in relation to the processing methods, with the purpose of registering the order and activating the procedures necessary for executing this contract and the related communications, as well as for fulfilling any legal obligations, and for ensuring effective management of commercial relationships to the extent necessary to best provide the requested service (Article 6, paragraph 1, letter b) of the GDPR and Article 2-ter of Legislative Decree 196/2003).

18.3. The Supplier agrees to treat the data and information transmitted by the Buyer with confidentiality and not to disclose them to unauthorized persons or to use them for purposes other than those for which they were collected, nor to transmit them to third parties, except as necessary for the execution of the contract and compliance with legal obligations. These data may only be disclosed upon request by the judicial authority or other legally authorized authorities.

18.4. Personal data will only be communicated to subjects delegated to perform activities necessary for executing the contract, and they will be communicated exclusively for that purpose, after signing a confidentiality agreement regarding the data.

18.5. The Buyer has the right to obtain the following under Articles 15-22 of the GDPR:

The updating, rectification, or, when interested, the integration of data;

The deletion, anonymization, or blocking of data processed in violation of the law, including data that do not need to be retained in relation to the purposes for which they were collected or subsequently processed;

Confirmation that the operations mentioned in (a) and (b) have been made known to those to whom the data were communicated or disseminated, except in cases where such fulfillment is impossible or involves a manifestly disproportionate use of means relative to the protected right.

The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data that concern them, even if relevant to the purpose of collection, to the processing of personal data for direct marketing purposes, or for conducting market research or commercial communication

18.6. The communication of personal data by the Buyer is necessary for the correct and timely execution of this contract. In its absence, the Buyer’s request cannot be processed.

18.7. In any case, the acquired data will be retained for no longer than necessary for the purposes for which they were collected or subsequently processed. Their removal will be carried out securely.

18.8. The data controller for the collection and processing of personal data is SEASE S.r.l., with its registered office at Via Enrico Toti 2, 20123 Milan, Tax Code / VAT Number: 09374360965, to whom the Buyer may direct any requests.

18.9. Anything received at the Supplier’s mailing address (including email), such as requests, suggestions, ideas, information, materials, etc., will not be considered confidential information or data, must not violate the rights of others, and must contain valid, non-infringing, and truthful information. In any case, the Supplier will not be held responsible for the content of such messages.

 

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 sales contract between the Buyer and Sease S.r.l. is concluded in Italy and governed by Italian Law.

21.2. In the event of disputes concerning the interpretation, execution, or termination of these General Terms and Conditions or individual purchase orders, if the Buyer is a consumer under the Consumer Code, the exclusive jurisdiction will be that of the Buyer’s municipality of residence or domicile, if located within Italy. In all other cases, territorial jurisdiction is exclusively that of the Court of Milan, excluding any other competent jurisdiction.

21.3. In the case of disputes concerning the payment of an amount less than €50,000.00 arising from e-commerce sales to buyers who cannot be classified as “consumers,” the parties agree to attempt mandatory assisted negotiation pursuant to Legislative Decree 132/2014 before initiating legal action before the Court.

21.4. In any case, it is also possible to voluntarily use the mediation procedures under Legislative Decree 28/2010 for resolving any disputes that arise from the interpretation or execution of these General Terms and Conditions.

21.5. The Buyer, classified as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code, is informed that an online platform for resolving consumer disputes (the ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user can consult the list of ADR bodies and find the link to the website of each body if they wish to initiate an online dispute resolution procedure.

Pursuant to Article 1341 of the Civil Code, the Buyer declares to have read and specifically accepts the following articles of these General Terms and Conditions: 7 (responsibility for delivery delays), 15 (the right to correct errors - exclusions of liability).