Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
The following General Terms and Conditions (hereinafter the “General Terms and Conditions”) govern the sale of products (hereinafter the “Products”) between the company Save The Duck S.p.a., with registered office at Milan, Viale Arcivescovo Calabiana no. 6, REA MI-2047000, tax code and VAT Registration number 07853840960 (hereinafter the “Company”) and any subject who makes online purchases on the website www.savetheduck.com (hereinafter the “Customer”). These conditions may be subject to change, and the date of publication on the website is the date of start of their applicability.
By making any purchase on the website www.savetheduck.com (hereinafter the “Website”), the Customer fully accepts these General Terms and Conditions in their entirety. Therefore, we invite all Customer to read the following carefully before making any purchase.
By adhering to these Terms and Conditions, the Customer also declares that he/she is at least 18 years old and has the capacity to act, acting as a consumer.
The sale of Products through the Website is directed only at Consumers who qualify as such under the Italian Consumer Code (D. Lgs. no. 206/2005): the Company therefore reserves the right not to process orders from parties other than consumers. It is also expressly forbidden for the Customer to subsequently resell or commercialize the Products purchased on the Website.
1. Object of the agreement.
1.1. With these General Terms and Conditions, the Company sells and the Customer purchases at a distance the products shown and offered for sale on www.savetheduck.com and, more generally, any additional product bearing the “Save The Duck” brand name commercialized through the Website. The agreement is concluded exclusively online, with the Customer accessing www.savetheduck.com and submitting a purchase order in accordance with the procedure provided for on the Website itself.
1.2. The Customer agrees to review, before confirming the order, these General Terms and Conditions, in particular the pre-contractual information referred to in Article 2 below, and to accept them by clicking on the dedicated section as indicated on the Website.
2. Pre-contractual information.
2.1. Prior to the conclusion of the purchase agreement, the Customer reviews the characteristics of the products sold, which are described on the product listings and pictures available on www.savetheduck.com and are shown when the Customer chooses a product
2.2. Prior to the conclusion of the agreement and of the submission of the order by the Customer, the latter receives information relating to:
a. the price of the products ordered (including VAT where applicable by law) and relevant quantity;
b. shipping costs and any additional costs;
c. payment modalities of the order;
d. timing of delivery of the purchased products;
e. information on the right of withdrawal, whose costs of return will be borne by the Customer unless otherwise specified;
f. the legal warranty of conformity and modalities of post-sale assistance.
2.3. The Customer may at any time retrieve and check on www.savetheduck.com information concerning the Company, in particular the geographical address at which the Company has its registered office, the phone number and the e-mail address of the Company and of its customer service. Such information is also provided in these General Terms and Conditions:
Save The Duck S.p.A.
Registered office: Viale Arcivescovo Calabiana no. 6, 20139, Milano
Phone number: +39 02 89080866
Customer service e-mail: firstname.lastname@example.org
2.4. In order to proceed with the purchase of Products on the Website, the Customer may create a new account on the Website or access it using its already obtained authentication credentials. If the Customer decides to create an account on the Website, he/she must choose a password that he/she is required to keep confidential. The Customer's username will be the e-mail address provided by the Customer during registration.
2.5. The Customer may also purchase through the Website as a “guest”, without creating an account. In this case, the Customer must fill out, when ordering, the fields of the appropriate form on the Website, entering all the data required therein.
3. Modalities of conclusion of the agreement.
3.1. The Customer who wishes to buy one or more Products is able to select them from time to time on www.savetheduck.com and add them to the so-called “virtual shopping cart”.
3.2. Once the Products have been selected, the Customer may submit a purchase order (hereinafter the “Order”), upon which he/she will be required to fill in the information needed for the delivery and select the desired payment method. At this point, the Customer shall see a summary page of the Order, containing an indication of the price, costs and timing of delivery and the Customer shall be able to confirm the Order and submit it to the Company. The purchase Order shall be regarded as a purchase agreement proposal made by the Customer to the Company.
3.3. Upon receipt of the Order by the Customer, the Company shall send an order confirmation email (hereinafter “Order Confirmation”). The agreement between the Customer and the Company shall be considered concluded for all purposes only when the Company itself sends the Order Confirmation. The email containing the Order Confirmation shall also include the following information:
a. Order ID and number;
b. price of the Products purchased;
c. costs, shipping methods and place of delivery of the Products;
d. link to view the General Terms and Conditions subscribed to and accepted at the time of placing the Order.
3.4. Upon receiving the Order Confirmation email, the Customer shall verify the correctness of the personal data included therein and notify to the Company any inaccuracies within 24 hours.
3.5. The Company reserves the right to refuse Orders from Customers with whom there is a pending dispute concerning the payment of a previous order, which do not provide sufficient guarantees of solvency, or which are incomplete or incorrect.
4. Product availability.
4.1. When the Customer selects the Products subject to the Order, the Website indicates the availability thereof. In any case, such availability shall be regarded as purely indicative because, due to the simultaneous presence on the Website of multiple users and possible Orders submitted by other users, Products may become unavailable prior to the Order Confirmation
4.2. Even after the submission by the Company of the Order Confirmation email, there might be cases of partial or complete unavailability of the Products. In these instances, the Customer shall be immediately notified by email by the Company’s Custumer Care, that will support the Custumer in the management of the Order asking whether he/she wish to (i) cancel the Order made; or (ii) replace the Product with another Product among those available. Should the Customer fail to respond, the Company shall proceed to cancel the Order.
4.3. If the Customer requests the cancellation of the Order or the Order is cancelled by the Company pursuant to previous paragraph 4.2, the Company shall reimburse the amount paid within 14 days from the day on which the Company has obtained knowledge of the Customer's decision to cancel the Order.
5. Payment methods.
5.1. Each payment that the Customer is due to make towards the Company shall be necessarily made by one of the payment methods indicated on the Website and, in particular, by Visa, Mastercard, American Express, Maestro, Bancontact credit cards or by Paypal, Deal, Shop Pay, Apple Pay, Google Pay, Union Pay and Satispay payment services.
5.2. The actual charge of the full amount of the Order shall only take place when the Company confirms the Order by transmitting the Order Confirmation referred to in Article 3.3 of these General Terms and Conditions.
5.3. When paying by credit card, the payment transaction will be processed using a secure connection directly connected to the bank that owns and operates the online payment service, which the Company cannot access. More specifically, financial information will be forwarded to the banks providing the relevant remote electronic payment services, with no access by third parties whatsoever. Moreover, this information will never be used and/or stored in any format by the Company.
5.4. Communications relating to the payment and the data provided by the Customer at the time when payment is made shall be made through special lines protected by encryption systems. Credit card payment security is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
6. Product quality and prices.
6.1. The Products sold on the Website are solely new items with the quality features and standards typical of Save The Duck clothing and that the Customer can reasonably expect.
6.2. The key features of the Products are shown on the Website in each Product description. Specifically, for each Product, the Company offers Customers the possibility to view several pictures and, if possible, an image of the Product worn. However, some errors, inaccuracies or minor differences between what is presented on the Website and the actual product may arise. In addition, please note that the colors of the Products as they appear on the Customer’s screen might differ slightly from the actual colors, because the gradient of color depends on how the monitor used for the purchase visualizes the reference color (which might therefore vary from monitor to monitor) or on the Internet browser used. The Customer therefore waives the right to make any claims in this respect.
6.3. All Products bear an identification tag attached with a disposable seal. This tag and its seal are an integral part of the Product and must not be removed or damaged or the right of withdrawal will be forfeited.
6.4. All sale prices of the Products shown on the website www.savetheduck.com are expressed in EUR and include VAT (where applicable by law).
6.5. Unless otherwise indicated in the Order summary, shipping costs are not included in the purchase price, but shall be calculated at the time of conclusion of the purchase process and communicated to the customer before the Order and payment are made.
6.6. Additional costs related to import duties and taxes are, if applicable, excluded from the purchase price and shipping costs. If the delivery to a specific non-EU country is not carried out in “delivery duty paid” mode, the cost of these duties will be shown separately to the Customer, who will have to pay this cost in addition to the price and delivery costs.
6.7. The Customer accepts that the Company reserves the right to modify its prices at any time. Nevertheless, the Products shall be charged and invoiced to the Customer according to the prices listed on the website at the time of submission of the Order and in the Order Confirmation email that the Company transmits to the Customer.
6.8. In the event of computer, manual, or technical errors, or errors of any other nature that result in a substantial change of the retail price and are such that this is excessive or clearly too low, the Purchase Order shall be considered invalid and shall be cancelled by the Company. The latter shall therefore reimburse the amount paid by the Customer within 14 days from the day of cancellation.
7. Time and mode of delivery.
7.1. The Company shall only accept Orders to be delivered in the Italian territory or in the EU customs territory (i.e. the geophysical territory of the countries, which are member of the European Union), in Switzerland, in Norway, in the United Kingdom, in Vatican City, or in the Republic of San Marino (the “Delivery Territories”). The Delivery Territories expressly exclude British Overseas Territories, Channel Islands, Gibraltar, British Army Post Offices (BFPO), Dutch Overseas Territories, French Overseas Territories, Ceuta and Melilla, Andorra, the Canary Islands, the Azores Islands, the Autonomous Region of Madeira, Büsingen, Helgoland, the Åland Islands, the Faroe Islands and Greenland.
7.2. The products shall be delivered by express courier to the address indicated by the Customer at the time of the Order (i) by and no later than 10 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company if the delivery address is located within the Italian territory; or (ii) by and no later than 15 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company if the delivery address is located within the EU customs territory.
7.3. For each Order placed on the Website which provides for delivery in Italy or in the territory of the European Union, the Company issues an Order receipt. If the Customer wishes to receive the invoice relating to the Order and the Products shipped, the Custumer must make a written request to the Company’s Custumer Care within 24 hours of receiving the Order Confirmation. For Orders placed on the Website which require delivery outside the territory of the European Union, however, the Company directly issues the invoice relating to the Order and the Products shipped. The invoice issued by the Company will include the information and data provided by the Customer at the time of the purchase process and such information, following the issuance of the invoice, may no longer be changed. The Customer also agrees to receive the invoice electronically (PDF) and by email.
8. Limitations of liability.
8.1. The Company shall not be liable for disruptions caused by force majeure or unforeseeable circumstances in the event that it fails to fulfil the Order within the timeframe indicated to in the agreement.
8.2. The Company shall not be held liable for any malfunctioning and/or dissatisfaction related to the internet and beyond its own control.
8.3. The Company shall not be liable for any damages, losses or costs borne by the Customer as a result of missed performance of the agreement due to causes not attributable to it, the Customer only being entitled to a refund in full of the price paid and any incidental expenses borne.
9. Right of withdrawal.
9.1. Should the Customer purchase one or more Product they will have the right to withdraw from the sale for any reason whatsoever, without any penalty and without explanation, within 14 days from the date of receipt of the Products.
9.2. The Customer who intends to exercise the right of withdrawal can make the return request directly from the Website by completing and submitting the return request in the appropriate section of the Website which can be visited at the link https://save-the-duck-europe.myshopify.com/pages/request-return.
9.3. In case of exercise of the right of withdrawal according to the procedures set out in Article 9.2 above, the Company shall send to the Customer a confirmation email containing the instruction for the return and the Return Authorization Code (RMA), the pre-printed label that the Custumer shall apply outside the box containing the Product to be returned. The Custumer is in any case obliged to return the Products within 14 days from the day on which they informed the Company of their intention to withdraw from the contract.
9.4. The Products shall be returned to the following Company’s address: Save The Duck S.p.a. c/o Debby Line, Via Mussa no. 30, Piombino Dese (PD), Postal Code 35017, Italy, using the same courier used by the Company for the delivery of the Products and the pre-printed label made available by the Company.
9.5. The direct costs arising from the return of the Products and any import duties and taxes due for such return shall be borne exclusively by the Customer unless otherwise specified in the Order summary.
9.6. The Products shall be returned undamaged, in their original packaging and complete of all their parts (including any pack or case and any additional documentation) and identification tag must still be attached. Once the compliance with the above has been verified, the Company shall refund the Customer of the amount paid for the Products returned (deducted any shipping cost incurred) within a maximum of 14 days.
9.7. In accordance with Section 56, paragraph 3 of Italian Legislative Decree 206/2005, the Company will have the right to suspend the refund until the receipt of the goods or until the Customer has proved to have sent the goods to the Company.
9.8. The Company will refund the Customer by using the same payment modality used by the Customer at the time of purchase, net of shipping costs and – for returns from countries outside the EU customs territory – of any import duties and taxes.
9.9. It is agreed that the following conditions shall be necessary to exercise the aforementioned right of withdrawal: (i) the Product must not have been used, washed, altered or damaged in any way, or repaired by subjects other than the Company or by any other subject not expressly authorized by the latter for this purpose; (ii) Product defects must not derive from improper use of the Product or from failure to comply with the instructions provided by the Company for the correct use of the same; (iii) the identification tag must still be attached to the Product; it must be intact and not damaged, along with the disposable seal that forms an integral part of the Product itself; (iv) the Product must be returned in the undamaged original packaging (unless opened) in which it was delivered; and (v) the Product must in any case be delivered to the same carrier used by the Company for the delivery.
9.10. In accordance with the provisions of Section 59, paragraph 1, lett e) of Italian Legislative Decree 206/2003, the right of withdrawal referred to in this Article 9 is excluded for purchases made by the Customer in relation to sealed Products that are not suitable for return for reason of hygiene or health protection (which include, inter alia, underwear and the swimsuits).
10. Legal warranty of conformity and assistance.
10.1. Pursuant to and for the purposes of EU Directive 2019/771 and of the Italian Consumer Code, the Company guarantees the Customer that the Products will be free from design and material defects, as well as compliant with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Customer. In case of defects, the Custumer may benefit of one of the remedies provided by the following Article 10.2. The application of any guarantee is excluded in case the Product is used or washed in a manner that does not comply with those of the Product itself and/or with the instructions/warnings on the matter provided by the Company, or reported in the illustrative reference documentation, on the tags or labels. In any case, the Customer may benefit of the guarantee only if (i) the defect has manifested within two years from delivery of the good; and (ii) the Customer has notified the Company of such defect no later than two months after its discovery.
10.2. In any of the situations described above sub article 10.1, the Customer shall be entitled to request the Company to arrange the replacement (with shipping costs at its own expense and any import duties and taxes at Costumer’s expense) or the repair of the defective or non-conform Product. Should this not be possible or be unreasonably expensive, the Customer may require, at their choice, an appropriate reduction of the price or, alternatively, the termination of the agreement and the refund of any amount paid to the Company. In the latter case, the Company, at his own convenience, may collect the Product at its own expenses.
11. Access to the website and cookies.
11.1. The Customer has the right to access the Website for consultation and making purchases. No other use of the website or its content is permitted, in particular commercial uses thereof. The integrity of the elements of this Website, whether visual or sound, and the technology employed remain the property of the Company and are protected by intellectual property rights.
11.2. The website www.savetheduck.com uses “cookies”, i.e. electronic files that record information about the Customer’s browsing of the website (e.g., pages viewed, date and time of viewing, etc.) and allow the Company to provide a customized service to its customers.
11.3. The Company informs the Customer of the possibility to disable the creation of such files, by accessing their internet configuration menu. It is understood that this shall prevent the Customer from making any online purchases. In any case, for more information see the section of the website containing information about cookies at www.savetheduck.com/com/pages/cookie-policy.
12. Privacy and data protection and processing of Customers’ data. Archiving of the agreement.
12.1. In order to proceed with the registration, the placement of the Order and the conclusion of the agreement the Customer will be required to provide their personal data to the Company.
12.3. The Customer declares that the data provided to the Company during the registration and purchase process are correct and true.
12.4. The Customer may, at their own discretion, update or modify their personal data by sending an express request to the Company or through their personal page on www.savetheduck.com.
12.5. In accordance with Section 12 of the Italian Legislative Decree 70/2003, the Company shall inform the Customer that each and every order submitted is stored digitally/in print in the server/at the registered office of the Company itself in accordance with criteria of confidentiality and security.
13. Severability. Partial invalidity.
13.1. These sale terms are composed of the totality of the articles therein. If one or more provisions of these sale terms is deemed invalid or declared such under law, regulation or following a decision by a competent court, the other provisions shall remain in full force and effect.
13.2. This agreement supersedes any agreement, understanding, negotiation, whether written or oral, previously occurred between the Customer and the Company in relation to the subject of this agreement.
14. Governing law and jurisdiction.
14.1. These sale terms are governed by Italian law.
14.2. Any dispute that is not resolved amicably shall be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if this place is located on the Italian territory.
14.3. In any case, the Customer is informed that it shall be possible to resort to mediation proceedings as referred to in the Italian Legislative Decree 28/2010 to resolve any disputes concerning the interpretation and enforcement of these sale terms by accessing, if the Custumer resides in Italy, the following website: https://www.risolvionline.com/index.php, an independent and institutional service provided by the Milan Chamber of Arbitration, a company of the Milan Monza Brianza Lodi Chamber of Commerce. In the event of disputes arising from the General Terms and Conditions of Sale between the Company and customers residing in the EU, the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.