GENERAL SALES TERMS
The sale of Products on our Website www.zummy.it (hereinafter the Website) is regulated by the following General Sales Terms. The Products bought (hereinafter the ‘Products’) on the Website are directly sold by BEFOR2050 Srl (hereinafter BEFOR2050 or ‘the Seller’), with registered office in Italy, via Vincenzo Gagliardi 10, Mogliano Veneto (TV) 31021, VAT identification number 05046970264.
The Products can be bought by any natural person qualifiable as a Consumer (hereinafter the ‘Client’) – i.e. a natural person that concludes a contract of purchase in order to satisfy needs of everyday life that are extraneous to entrepreneurial or professional business (in conformity with the provisions contained in Part III, Title III, Chapter I, of the Consumer Code, legislative decree n.206/2005, distance contract).
Therefore, if you are not a consumer, we invite you to avoid concluding any type of purchase on the Website.
Any information connected and/or correlated to the purchase of the Products – including potential reports, complaints, requests regarding the purchase and/or the delivery of the Products, the exercising of right of withdrawal – will need to be sent to the Seller at the addresses and in the manner indicated on the Website and to the e-mail address: email@example.com
These General Sales Terms solely regulate the offer, forwarding and acceptance of purchase orders of the Products on the Website www.zummy.it, between its users and the Seller.
The General Sales Terms, however, do not regulate the supply of Products by any parties other than the Seller that may be present on the Website through links, banner ads or other hypertext links. Before forwarding orders and buying products or services from any parties other than the Seller, the Client must check their Sales Terms, because the Seller is not responsible for the selling of products by 3rd parties other than the Seller or for concluding e-commerce transactions between the users of the Website and 3rd parties.
Orders can be placed only by people of age and that do not find themselves in a condition of legal disability. It is necessary to have reached the age of majority to be able to use the website’s services (18 years in Italy).
This contract (hereinafter ‘The Contract’) has been concluded and shall be interpreted in Italian. In the event of disagreement with the General Sales Terms versions that have been drawn up in languages other than Italian and that have been accepted by the Client, the meaning and interpretation of the General Sales Terms in Italian will in any case prevail. Save for specific special legislation prevailing in the buyer’s country of residence introduced from time to time.
Subject-matter and conclusion of the contract
2.1 The contract must be concluded solely via web, with the Client accessing the Website www.zummy.it as indicated in these General Sales Terms.
2.2 In order to conclude a contract of purchase of one or more Products the Client will have to fill in the order form electronically and forward it electronically to the Seller, following the respective instructions on the Website.
2.3 Before proceeding with the purchase of the Products by forwarding the order form, the Client must carefully read these General Sales Terms and the notice on right of withdrawal and save a copy.
2.4 The Client will be provided with a summary of the trading conditions that are proposed for the purchase of the Products, which contain a reference to these General Sales Terms and a summary of the information regarding the essential features of each ordered Product with the relative price (including all applicable taxes), the methods of payment that can be used to buy each product, the process of delivery of the purchased Products, the conditions for handling complaints, any additional shipment and delivery extra costs; as well as the Seller’s references, geographical address and e-mail address. Moreover, the Seller will supply the Client with a summary of the terms and conditions for exercising the right of withdrawal and the times and methods for returning purchased Products (based on the return form). The Client is informed that, in the event of withdrawal, they will have to pay for returning the Products. In any case the Client will receive the contact references of our post-sale Customer Service for any questions regarding the Products on: firstname.lastname@example.org
2.5 In the order form displayed just before the conclusion of the contract of purchase, the Client will receive a full summary regarding the essential features of each ordered Product, the price (including all applicable taxes and dues) and any extra shipment charges. After looking over the summary of the order, the Client must explicitly approve these General Sales Terms and the clauses that have been specifically indicated pursuant to article 1341 of the Italian Civil Code using the check-box on the Website and will finally be asked to confirm their order using the ‘Place order’ button. Any aspects not mentioned here shall be disciplined by the provisions of the Italian Civil Code.
2.6 The parties agree that, on acceptance of these conditions of sale, the contract of sale is completed with an e-mail sent to the Client by BEFOR2050 confirming acceptance of the order. The e-mail contains Client’s details, the order number, the price of the bought goods, any additional shipment charges as provided for in article 6 and the delivery address that the goods will be sent to.
2.7 The Client, in the event of mistakes, undertakes to check the accuracy of the personal information in it and promptly inform BEFOR2050 of any corrections within a maximum of 12 hours from the moment the order confirmation email is sent by BEFOR2050, after which the sale will be deemed valid under the conditions indicated in the order and the Seller will be released from all liability in this respect.
2.8 When the time comes to proceed with sending the order form, the Client will be warned that forwarding it implies the obligation to pay the indicated price.
2.9 The Seller reserves the right not to process the Client’s purchase orders if the data provided are insufficient, incomplete or incorrect or if the products are not available.
2.10 In these cases, BEFOR2050 will inform the Client, using the e-mail address provided, that the contract has not been concluded and that the Seller did not process the purchase order, and will specify the reasons.
2.11 If the Products, present on the Website, are no longer available or no longer being sold when the Client last accessed the Website, or at the time the order form was sent, it will be the Seller’s responsibility to promptly inform the Client and in any case within thirty (30) days starting from the day after the Client sent the order to the Seller. If the order form is forwarded and payment of the price is made, the Seller will reimburse, without any delay, the sum that the Client has paid in advance and the contract between the two parties will be considered as settled.
2.12 With the order form sent electronically, the Client unconditionally accepts and agrees to comply with these General Sales Terms in the relationship with the Seller. If the Client does not agree with any of the conditions indicated in the General Sales Terms, we invite the Client not to send the order form for the purchase of Products from BEFOR2050 and from the Website.
2.14 We remind you that the Product that the Client buys is intended solely for the country where the order was made, therefore, if the Client decides to introduce the Product into a different country, the Client is responsible for introducing it and must follow the regulations and restrictions that are applicable to both exporting from the country where the object was bought and for importing it to the country where they intend to take it. From this point forward BEFOR2050 declines all responsibility for the matter.
Guarantees and indication on the prices of the Products
3.1 The Products’ essential features are presented on the Website www.zummy.it in each product sheet. The images and colours of the Products being offered to sell may not however correspond to the real ones depending on the Internet browser and display used.
3.2 The prices of the Products may be subjected to updates. The Client needs to ensure that they are aware of the final sales price before forwarding the respective order form.
4.1 For the payment of the price of the Products and any additional shipment charges as provided for in article 6, the Client may follow one of the methods indicated in the order form.
4.2 Payments are made before shipment. Even if the confirmation of the order has been sent, the Seller may suspend or block shipment if the payment isn’t successful and automatically terminate the contract ipso iure.
4.3 If the payment is made using a credit card, the financial information (e.g., the credit/debit card number and its expiry date) will be handled, by 3rd party payments companies such as Klarna (Klarna Bank AB. Sveavaagen 46, 11134 Stockholm) or Stripe Inc. via cryptographic protocol providing remote digital payments that are in no way accessible to 3rd parties. Furthermore, said information will never be used by the Seller unless needed in order to complete the respective purchase procedure and issue the respective refunds in the event of any returns of the Products after Client’s exercising of the right of withdrawal, or if it becomes necessary in order to prevent or report the occurrence of fraud on www.zummy.it to the police. The price for purchasing the Products and any additional shipment costs provided for in article 6 will be charged to the current account/credit card used at the time of the order.
4.4 Payments made by bank transfer must contain, on pain of suspension of the order, the number of the order, which must be entered in the “Reason” field.
5.1 Vouchers are alphanumeric codes that allow you to take advantage of a discount on purchases made on www.zummy.it
5.2 Limitations regarding the use of the voucher: – the voucher can only be used once; – the voucher cannot, in any way or form, be converted into money; – it will not be possible to use the voucher more than once in the same order; – the value of the voucher is limited to the amount indicated on the voucher itself; – the voucher cannot be used if it has expired.
5.3 If for any reasons the Client should not be satisfied with their order, they can return the item that the voucher was used for following the procedure that will be indicated to the Client on contacting email@example.com. Once the return has been accepted, the respective code will be reactivated with its original value. The difference in cost that the Client has incurred for the purchase of the item will be reimbursed to the Client in accordance with the terms and conditions foreseen for the standard refund procedure.
Shipment and delivery of the Products
The Products will be sent to the shipment address indicated by the Client in the order within 7-10 days of order confirmation.
Shipments are included in the price of the Product for almost all countries within the E.U. area. BEFOR2050 must inform the Client if, with regard to the place of destination of the delivery, there are any additional shipment costs to be charged to the Client. Please note that if the Client purchases the Product on the Website www.zummy.it and requests shipment and delivery to a country where there is a customs authority, all customs duties and charges and any further expenses arising from the importation of the Product will be at the Client’s expense.
The Client can request any type of information through our support services: you can contact our Customer Service with this e-mail address: firstname.lastname@example.org
Right of withdrawal
8.1 The Client has the right to withdraw from the contract concluded with the Seller without any penalty and without needing to specify the reason within fourteen (14) days starting from the date of reception of the Products purchased on the Website. In some specific cases, the Client may be advised by BEFOR2050 to swap the chosen item of clothing with another one, if withdrawal can be avoided by simply changing the Product, subject to return of goods at the buyer’s expense and the conditions indicated in 8.6. If the garment chosen for the swap costs less than the purchased garment, the Client may decide to receive a purchase voucher for the amount of the cash difference to be spent on the Zummy website, while the Seller will withhold the rest of the sums already paid by the Client pending return of the goods by and at the expense of the Client (provided the conditions in 8.6 hold) or exercise right of withdrawal. The provisions of the Consumer Code (legislative decree no. 206/2005) apply.
8.2 In the event of further requests for a change, other than the first one, BEFOR2050 may grant this at its own discretion. If it does allow a new change, the Client will have to pay all the previously established costs.
8.3 In order to withdraw from the contract the Client must use the return form, which can be downloaded from our website (conforming to the template provided in the Consumer Code, article no. 49, subsection 4) or requested from BEFOR2050 via e-mail to email@example.com. The form must be filled in wherever necessary and re-sent directly using the e-mail address: firstname.lastname@example.org. The Seller will send, via e-mail, the confirmation of the received withdrawal request.
8.4 Once right of withdrawal from the contract has been exercised, the Client must return the Products to the Seller at their own expense and in excellent condition (see 8.6 below) by delivering them to the preselected forwarding agent (e.g. postal services, couriers, etc.) for shipment within fourteen (14) days from when the Client informs the Seller of their decision to withdraw from the contract.
8.5 In all cases of withdrawal, the returning of purchased products will be at the expense of the Client, who must make such payments personally. Moreover, the Client will be liable if the Products are damaged or lost during their transportation, whether this be due to their negligent choice of courier and/or the shipment process.
8.6 The right of withdrawal is considered to have been correctly exercised upon the presence of the following conditions:
the return form sent directly to the e-mail address email@example.com must be filled in correctly and sent to the Seller, in accordance with these conditions, within fourteen (14) days from receiving the Products;
the Products must not have been used, worn or washed;
the Products must be clean;
the Products must be returned in their original packaging;
the Products must not be damaged.
8.7 If right of withdrawal is exercised in the manner and within the terms indicated in this section 8, the Seller proceeds to refund any sums already collected for the purchase of the Products in the manner and within the terms indicated in the next paragraph.
8.8 The Client will be reimbursed in the shortest possible time and, in any case, within fourteen (14) working days starting from the date on which the Seller receives the goods that are being returned and provided analysis of the integrity of the Product(s) shows a positive outcome.
8.9 If the terms and conditions for exercising right of withdrawal are not respected by the Client, as stated above, they will not be entitled to a refund of the sums that have already been paid to the Seller. Within fourteen (14) days of the sending of the e-mail informing the Client of the non-acceptance of the return, the Client will be allowed to choose whether to reclaim, at their own expense, the Products in the condition in which they were returned to the Seller and must inform the Seller of this decision in such manner as will be communicated. Contrarily, the Seller may withhold the Products, in addition to the sums that have already been paid for their purchase. Should the Client not respect the conditions for withdrawal, they will not be entitled to a full refund of the sums that have already been paid to the Seller. Furthermore, he will also be responsible for the reduction in value of the returned Products due to use different from that authorised by the Seller for the purpose of allowing the Client to assess the nature and features of the Products and how they work.
8.10 Notwithstanding what has been stated above, if the Client decides to reclaim the Products that have been the subject of withdrawal, the Seller will indicate which courier will be responsible for returning the Products. The shipment charges for reclaiming the Products will be at the expense of the Client, using the method indicated by the Seller.
8.11 If the courier is chosen by the Client, the latter is under obligation to organise shipment within the established period of time and the delivery costs will be at their expense, including any liability in the event of loss of or damage to the Products.
Time and method of reimbursement
9.1 After the restitution of the Products, the Seller will arrange the necessary assessments regarding the conformity of the Products based on the terms and conditions contained in section 8.6. If the verification is concluded positively, the Seller will be responsible for sending the Client, via e-mail, the respective confirmation regarding the acceptance of the Products as returned. If verification is not concluded with a positive outcome, the Seller will inform the Client, via e-mail, of the ascertained reduction in value of the returned product due to Client’s failure to respect the conditions in the article on withdrawal. BEFOR2050 will establish the amount of the reduction in price at its sole discretion. Nevertheless, as an alternative, the Client may, at their own expense, reclaim the Products in the condition in which they were returned to the Seller, as provided for in 8.9 above.
9.2 Whatever the method of payment used, the refund, full or in part, is activated by the Seller in the shortest time possible and, in any case, within fourteen (14) working days starting from the date on which the Seller received the returned Product/object.
9.3 The Seller will carry out the refund according to the method deemed most appropriate by crediting any sums to the references provided by the Client at the time of purchase. If the consignee of the Products indicated in the order form is not the person that paid the sums required for their purchase, the Seller will in any case refund the sums in the case of right of withdrawal being exercised to whoever made the payment.
10.1 BEFOR2050 guarantees 1 (one) size change: in said hypothesis the Client shall be responsible for the return costs, and the redelivery costs of the new item in the correct size will be covered by BEFOR2050 except for the provisions foreseen in paragraph 8.6.
10.2 In the event of further requests for a change of size, BEFOR2050 may grant this at its own discretion. If it does allow a new change, the Client will have to pay all the previously established costs.
10.3 In the event of constant and motiveless requests related to size change, BEFOR2050 may terminate the contract at its own discretion, ipso iure, and withhold the sums received from the Client up to that moment of time.
12.1 Applicable law and settlement of disputes: Italian
12.2 The General Sales Terms are regulated by Italian law and in particular by legislative decree no. 206, 6 September 2005, in the Consumer Code under Chapter 1 “Consumers’ rights in contracts” with specific reference to the regulations regarding distance contracts and by legislative decree no. 70, 9 April 2003, on certain aspects concerning e-commerce.
12.3 All disputes arising from failure to pay and/or late payment and/or partial payments or any other disputes arising between Client and Seller must be subjected to a preliminary mediation attempt by a primary Conciliatory Body (Organismo di Mediazione) pursuant to legislative decree no. 28/2010 and subsequent amendments and integrations. The parties undertake to attempt mediation before initiating any legal action or arbitration. Mediation proceedings must take place within 60 days of notification of claim or within any different term that the parties agree to in writing. Subordinately, in the case of failure to reach agreement, the court of jurisdiction will be that of Treviso.
Modification and updates
The General Sales Terms are modified from time to time, also in response to changes to the law. The new General Sales Terms will be effective starting from the date of publication on www.zummy.it.