General Terms and Conditions of Sale

DEFINITIONS

• Account: Profile of the Registered Customer containing their personal information and enabling a series of operations relating to Orders, including but not limited to: tracking Orders, cancelling Orders, making returns, requesting information. The Account is strictly personal and is protected by username and password;
• BasicCard: Virtual shopping card that may be subscribed to by the Customer in order to obtain discounts and promotional offers;
• Registered Customer: Customer who has created an Account by filling in personal information, including first name, last name, date of birth and email address;
• Guest Customer: Any natural person acting for purposes unrelated to any commercial, entrepreneurial or professional activity, who intends to purchase the products offered for sale on sebago.com;
• Customer: Registered Customer and Guest Customer;
• General Terms: This document containing the terms and conditions of sale of the Products, accepted by the Customer by ticking the appropriate box;
• SEBAGO: SEBAGO S.r.l. VAT number 11757840019 with registered office in Largo Maurizio Vitale, no. 1, Turin, 10152, Italy, the selling company with which the Customer signs the General Conditions;
• Trademarks: All registered and/or de facto trademarks present on the Products, in commercial communication, and on the platform owned by Sebago, including, by way of example but not limited to: Sebago;
• Order(s): The purchase of Products made by the Customer on the Platform;
• Parties: Sebago and the Customer, when referred to jointly;
• Platform: The online commercial platform attributable to Sebago at the domain www.sebago.com;
• Product(s): Any item purchased on the Platform;

1. SUBJECT MATTER

1.1 The General Conditions govern the relationship between Sebago and the Customer regarding the Products and, more generally, the use of the Platform.

2. APPLICABILITY OF THE GENERAL CONDITIONS

2.1 The General Conditions apply to each and every single order placed on the Platform by the Customer acting as a consumer pursuant to Art. 2, letter e), of the Consumer Code, and become effective upon completion of the purchasing process on the Platform, after checking the "I Accept" box.

2.2 The Customer declares to have read all the information provided during the purchase process, to be of legal age and/or have the legal capacity to act, and to fully accept the General Conditions.

3. OFFER FOR SALE OF PRODUCTS AND SUBMISSION OF THE ORDER

3.1 Products are offered for sale on the Platform, with a specific description of their characteristics and an indication of the price per unit.

3.2 Sebago ensures that the images accompanying the descriptive sheet of the Products are suitable to represent the Products as faithfully as possible. However, also due to the browser and monitor used to access the Site, certain characteristics, such as color and dimensions, may differ.

3.3 The prices of the Products indicated on the Platform are to be considered inclusive of taxes and applicable VAT pursuant to law and do not include shipping costs.

3.4 The amount of shipping costs is calculated at the time of the Order summary, taking into account the rates applied, the country of shipping, the value of the Order, and the promotions in progress at that time. By way of example and not limited to, it may be provided that shipping is free once a certain purchase value is exceeded (which is clearly indicated within the Platform) or through the application of a particular discount, or a more expensive shipping cost may be applied in the event that the delivery address is outside Italy. In any case, the Customer will be informed of the total cost before the confirmation of the Order.

3.5 The Customer, under their exclusive responsibility and based on their needs, chooses the Products subject to their Order, taking care to verify the type of item chosen, color, and size, and completes the procedure following the rules and procedures of the Platform.

3.6 The prices of the Products may be subject to change up until the time the Order is finalized. In any case, before confirming the Order, the Customer is invited to verify the final sale price which will be summarized for them at the end of the purchase process.

3.7 The Order is finalized when it is confirmed by Sebago with a communication sent to the e-mail address indicated by the Customer, upon the successful conclusion of the payment procedure.

3.8 Should Sebago find, after sending the communication referred to in the preceding point, the unavailability of one or more Products present in the Order or the impossibility of proceeding with the shipment of one or more Products present in the Order, it will inform the Customer as soon as possible, refunding the price for the unconfirmed Products, while the Order for any confirmed Products will remain valid and binding.

3.9 The Customer may not modify the Order once the purchase procedure on the Platform has been completed.

3.10 The Customer may, however, cancel the Order, before it has been processed, following these procedures:

a. In the case of a Registered Customer, by accessing the "Orders" section, selecting the "Details" item present on the Order to be canceled, and "clicking" on the "CANCEL ORDER" button;

b. In the case of a Guest Customer, the Order can be canceled by pressing the "CANCEL ORDER" button located at the bottom of the page that will open through the "see my order" link contained in the Order confirmation e-mail.

3.11 If the Order has been processed and, therefore, the "CANCEL ORDER" button does not appear or is not selectable, the Customer may refuse the delivery of the Order, making sure to complete the procedure with the courier, or activate the return procedure referred to in art. 7 of the General Conditions.

3.12 If the order is canceled within the terms referred to in point 3.10 above, the Customer will receive a refund of the amount paid at the time the Order was finalized.

4. PAYMENT TERMS

4.1 The payment of the price of the Products may be made exclusively by credit or debit card (American Express, Visa, Mastercard) or via Apple Pay (valid only on Mac, iPhone, iPad devices), PayPal, and Satispay. It will also be possible to use fractional (or installment) payment tools provided by PayPal, Klarna, and Scalapay. Where the Customer decides to use installment payment services offered by other companies, they accept the terms and conditions of the latter and expressly exonerate Sebago from any liability arising from the use of these payment services, also declaring to be aware of having to contact the companies providing these services if they need assistance.

4.2 The Order is transmitted in the currency € (euro), £ (Pound Sterling), ¥ (Yen), and $ (US dollar).

4.3 In no case and at no stage of the payment will Sebago be able to know the information relating to the Customer's card. The Customer will be transferred to a secure site and the card data will be communicated directly to Shopify International Ltd. (an Irish company), the operator that handles payments on behalf of Sebago. The transmitted data will be sent securely, using encrypted data transfer. The site's security system consists of a TCP/IP protocol with 128-bit encryption, certified by VeriSign.

4.4 Under no circumstances can Sebago be held responsible for any fraudulent or improper use of credit cards by third parties at the time of payment.

5. SHIPPING

5.1 Orders can be shipped to, and can be returned from, all countries of the European Union and to/from the Principality of Monaco. Delivery in so-called "duty free" areas is expressly excluded, such as, by way of example and not limited to, Livigno, Campione d'Italia, Channel Islands, Gibraltar, Canary Islands, and Vatican City.

5.2 The purchased Products will be delivered to the address indicated by the Customer in the Order within the times indicated in the Order itself, by Sebago and its logistics service providers, at the cost specifically indicated on the Platform before sending the Order.

5.3 The methods and delivery times are indicated from time to time upon the conclusion of each Order, also depending on the shipping methods made available by the Platform and chosen by the Customer.

5.4 The delivery times indicated on the Platform must be considered indicative. Sebago undertakes to do everything in its power to respect them and, in any case, to provide delivery within a maximum time of 30 (thirty) days from the day following the one on which the Order was finalized. A delay compared to these, or any delivery of the Products of the same Order carried out with successive fractional shipments, will be promptly communicated to the Customer, who is not entitled to refuse the delivery itself or request compensation or indemnities.

5.5 Should it not be possible to deliver the Order to the Customer (due to non-acceptance and refusal of delivery or due to the impossibility of delivering the order after a delivery attempt, e.g., for "recipient absent"), the Order will be put into storage. In order to release the storage, the Customer must contact Sebago to schedule a new delivery and/or provide further delivery information.

5.6 In the event that the storage persists, the goods will be returned to Sebago at the Central Warehouse located in Strada della Cebrosa 106 Turin 10156. Upon return of the shipment, a refund in favor of the Customer will be processed within 14 working days, refunding the full value of the previously purchased items on the same payment method chosen by the Customer during the order phase, including any shipping costs, if present during the order/purchase phase.

5.7 As an alternative to delivery, if available during the purchase phase, the Customer may decide to collect the products directly at Sebago-branded Sebago stores participating in the direct delivery project at the point of sale, as expressly listed on the Platform. In this case, the arrival of the products at the chosen point of sale will be communicated to the Customer via e-mail, and they will have 10 (ten) days from the sending of this communication to arrange for collection by handing over a copy of the shipping confirmation e-mail and an identification document. In the event of failure to collect the products within the indicated term, the purchase contract will be considered automatically resolved and the price will consequently be refunded to the Customer. Under no circumstances will it be possible to make the payment at the point of sale; only online payment methods are accepted.

6. DELIVERY OF PRODUCTS

6.1 It is the Customer's responsibility to promptly check and in the shortest possible time that:

a. the number of Products corresponds to what is indicated in the Order and includes all the purchased Products;

b. the packaging is intact, not damaged, or wet or otherwise altered, even in the closing materials;

c. the Products include the appropriate label.

6.2 If they find irregularities with reference to points a., b., and c. of the preceding article, the Customer, except as provided in art. 8 of the General Conditions, is required to document everything through photographs and promptly inform Sebago, through the appropriate form made available on the Platform, within 10 (ten) days from the successful delivery.

6.3 If the photographs are sent within the terms referred to in point 6.2 and effectively certify deficiencies with reference to points a., b., and c. of article 6.1., the Customer may start the return procedure described in point 7.3 and Sebago will proceed to refund the price of the returned Products.

6.4 Failure to send reports with reference to points a., b., and c. of article 6.1., concerning issues related to the delivery of the Products, will void the rights to dispute the defects if they are the direct consequence of the Product delivery methods.

7. RIGHT OF RETURN

7.1 In accordance with current legislation, for any purchase of one of the Products made on the Platform, the Customer has 30 days from receipt of the Product to exercise the right of withdrawal, without having to justify their decision or bear other costs, except as specified in art. 7.3 in relation to shipping costs. Once the online return procedure is completed, the Customer will have 14 days to ship the Products.

7.2 In the event that the Customer does not ship the Products subject to return within the terms of art. 7.1, the Products will be considered definitively accepted and it will no longer be possible to make the return.

7.3 To exercise the right of withdrawal referred to in the previous article 7.1, the Customer can access the dedicated page to issue a return request (by entering the requested data).

7.4 In case of withdrawal, the Customer must return the Products according to one of the following methods, chosen by the Customer themselves:

a. sending the Product(s) subject to return to the address indicated in the Return Form via the courier chosen by Sebago and also indicated in the Return Form (this return method will be borne by Sebago and therefore will not entail any cost for the Customer);

b. sending the Product(s) subject to return to the address indicated in the Return Form via a courier chosen and commissioned directly by the Customer (in this case, the Customer will bear all shipping costs);

c. delivery of the Product(s) subject to return to one of the stores of the Basic Net group present on the Italian territory indicated on the Platform (the Customer must deliver the product(s) subject to return together with the Return Form, also showing appropriate identification documentation).

7.5 The Customer will receive an e-mail confirming the exercise of the withdrawal and will be informed about the update status of the return.

7.6 In case of withdrawal, the Customer will be refunded the payments they have made, including the initial delivery costs, except in the case of partial returns of the Order for which any initial delivery costs will not be refunded.

7.7 The refund to the Customer will take into account exclusively the price actually paid by the latter at the time of purchase, including any discounts and promotions.

7.8 The refund will be issued within 14 (fourteen) days from the confirmation of receipt of the return, upon receipt and verification by Sebago of the status of the returned Products, to the payment method used in the order confirmation. Refund requests to other payment methods will not be accepted.

7.9 In the event that Sebago detects discrepancies on the returned Products compared to what was declared, it will communicate to the Customer, by e-mail, the verified existence of a decrease in the value of the returned Products, resulting from failure to comply with the aforementioned conditions, and will communicate the amount that will be deducted from the refund or the non-total refund, without prejudice, as an alternative, to the possibility for the Customer to get back, at their own expense, the Products in the state in which they were returned to Sebago.

8. PRODUCT WARRANTY

8.1 Sebago guarantees the Products for a period of two years.

8.2 The Customer bears the burden of proving the actual existence of conformity defects of the Products through: i) images of the Non-Conforming Product; ii) description of the defects found on the Non-Conforming Product.

8.3 Conformity defects are understood as abrasions, unpicking, cuts that do not depend on incorrect or unsuitable use of the Product by the Customer, as well as flaws or qualitative and/or aesthetic differences with respect to the sample on the basis of which the Product Order was created. Discrepancies relating to color shades, measurements, proportion, material and/or other that are not immediately perceptible or that are not macroscopic are not suitable to integrate a conformity defect of the Product.

8.4 Without prejudice to the provisions of art. 135bis of the consumer code, Sebago, if it deems the report referred to in the previous point founded, will withdraw, at its own expense, the Non-Conforming Product from the Customer and will proceed to fully refund the Non-Conforming Product once the actual presence of the complained defects is ascertained.

8.5 Where an examination of the Non-Conforming Product reveals that it is devoid of the defects complained of by the Customer, Sebago will return it to the Customer, at the latter's expense, and will not proceed with the refund.

8.6 Sebago cannot be held liable in any way for indirect and/or consequential damages deriving from any defects of the Product and the Customer acknowledges that no liability can in any case be attributed to Basic Italia for such damages.

9. INDUSTRIAL PROPERTY RIGHTS

9.1 All Products bear the Trademarks, of which Sebago is the owner.

9.2 The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Platform or relating to the Products are and remain the exclusive property of Sebago and the Owner and/or its assignees, without any right to the same deriving to the Customer from access to the Platform and/or from the purchase of the Products.

9.3 The contents of the Platform may not be reproduced, either entirely or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Sebago or the Owner.

9.4 The Customer undertakes not to use the Trademarks in such a way as to induce the public to believe that there is an economic connection between them and Sebago or suitable to cause prejudice to the reputation of the Trademarks.

10. PARTIAL INVALIDITY

10.1 Should one or more provisions of the General Conditions be considered invalid or ineffective according to the laws of any jurisdiction, the remaining provisions will remain fully valid and effective.

11. COMMUNICATIONS

11.1 All communications and reports concerning the execution and application of the General Conditions must be sent to the Customer by e-mail to the following address customer@sebago.com

12. PROCESSING OF PERSONAL DATA

12.1 All information relating to the processing of personal data can be consulted by the Customer at the link https://www.sebago.com/pages/processing-of-personal-data.

13. FAQ

13.1 Inside the Platform there is a section called FAQ (Frequently Asked Questions), which answers the most frequent questions submitted by Customers and which clarify and specify the rules set out in the General Conditions.

13.2 In the event of a conflict between the FAQs referred to in the previous point and the rules contained in the General Conditions, the latter prevail.

14. APPLICABLE LAW AND JURISDICTION

14.1 These general conditions are governed by Italian law and, in particular, by the Consumer Code.

14.2 In the event of a dispute, an amicable solution will be sought beforehand. In the absence of an amicable agreement between the parties, the dispute will fall under the exclusive jurisdiction of the Court of the Customer's place of residence or domicile.