Terms and Conditions of the Sale of the Service of Online Sales
Premise: efficacy of the Terms and Conditions of sale.
The following Terms and Conditions of Sale (henceforth, “Terms and Conditions”) concern the regulation of the purchase of products remotely and made available, via the Internet, from the site www.sampleminds.it with respect to Italian legislation regarding distance contracts (D.lgs. 70/2003).
The present site is property of Sample Minds srls with its registered office at Via Majorana 33R 16166 Genova, fiscal code and registration with the Register of Companies 484168, P. IVA 02410550996. It is dedicated to the sale of clothing goods and other items of a non-food variety.
Sample Minds srls observes the legislation on the finalization of distance contacts according to art. 50 and following D.lgs. 206/2005 and D.lgs. 70/2003 and subsequent amendments and additions.
Before sending in any order, the Buyer must carefully read the Terms and Conditions which have been made available on the site for downloading and saving.
The distance contracts finalized with Sample Minds srls through the site are regulated by the present Terms and Conditions with respect to Italian legislation.
The language of the finalized contract shall be Italian.
The vendor is:
Sample Minds srls
Legal Headquarters: Via Majorana 33R 16166 Genova
Fiscal Code/ VAT #: 02410550996
Art.1 – Premise
The premises are an integral part of the present TERMS AND CONDITIONS OF THE SERVICE OF ONLINE SALES
Art. 2 – Definitions
1. The expression “online sales contract” is defined as a sales contract relative to moveable goods of Sample Minds srls, stipulated between it and a Buyer in an environment of a distance purchasing system powered by online tools and managed by Sample Minds srls.
2. The expression “Buyer” is defined as a natural or legal person making a purchase, referred to in the Contract.
Art. 3 – Object of the Contract
1. Sample Minds srls sells and the Buyer purchases through the Internet in a distance sales contract products selected and ordered by the Buyer amongst those inserted in the electronic catalogue on the site and available in realtime.
Art. 4 – Conclusion of the Contract
1. The contract between Sample Minds srls and the Buyer is concluded exclusively through the Internet through the access of the Buyer to the web address www.sampleminds.it, where, after having followed the procedures set forth therein, the Buyer shall come to formalize the purchase of goods outlined in point 1 of the preceding article.
3. The contract shall be considered finalized, and therefore binding for both parties, after the correct filling in of the request form and the consent to purchase form and the subsequent confirmation from Sample Minds srls of the successful placement of the sales order by the Buyer through a message summarizing the order, sent to the email address provided by the Buyer and/or on the web screen.
4. The contract shall not be considered concluded nor binding for either parties in the absence of one of the above-detailed steps.
5. In the case of an unforeseen unavailability of stock for reasons beyond its control, Sample Minds srls shall communicate to the Buyer by email within a reasonable amount of time the unavailability of a product and either not charge for it or reimburse the Buyer for the price of the product, or let the Buyer know the waiting time necessary to obtain the chosen product and ask the Buyer whether or not he/she wishes to confirm the order.
6. Sample Minds srls reserves the right to refuse orders which have been incorrectly placed or otherwise not duly completed by communicating such a decision to the Buyer at the email address provided and/or on the web screen.
Art.5 – Buyer Obligations
1. The Buyer shall read and accept the present Terms and Conditions.
7. The Buyer shall, once the online purchase has been concluded, print and conserve the present Terms and Conditions, which he/she would have already read and accepted in the purchasing process, thus fulfilling the conditions laid forth in articles 52 and 53 of D.lgs. 206/05 and subsequent amendments and additions.
8. The Buyer is strictly prohibited from inserting false or made up data during the registration process necessary to activate on his/her behalf the process for the implementation of the sales agreement and all further communication. All personal data and email address must be those of the Buyer and not of a third person.
9. The Buyer affirms to be of legal age.
Art.6 – Delivery
1. Sample Minds srls assumes the responsibility to deliver to the Buyer the products he/she has selected and ordered to the location he/she has chosen by way of a courier service.
10. Deliveries shall be made in a timely fashion, usually within 5 working days from when Sample Minds srls has transmitted its confirmation of purchase. Deliveries are not made on Saturdays or holidays.
Art.7 – Damages in Transportation
1. In the case that the Buyer notices damages to the outside of the shipping package or a discrepancy in the number of packages, he/she shall immediately write down the details of such damage or discrepancy on the proof of delivery slip provided by the courier or decline to accept the damaged package by writing down in pen the reason for refusal on the proof of delivery slip on which the courier company requires a signature. If a Buyer should accept a package after having completed such measures, and thereafter finds a damaged product within the package, he/she is required to communicate such by registered mail to Sample Minds srls Via Majorana 33R 16166 Genova within 8 days of the delivery. The Buyer shall include the order number and billing information in his/her communication.
11. In the case that the Buyer, upon opening a courier package, discovers transportation-caused damage to products in a package which is not visibly damaged from the exterior, or discovers a discrepancy in the number of articles in the package versus the number of articles purchased, he/she must make a formal complaint by registered mail to Sample Minds srls Via Majorana 33R 16166 Genova within 8 days of the delivery. The letter must clearly explain the complaint while also including the order number and billing information.
12. In the event that the Buyer does not act in accordance with the preceding points 1 and 2, he/she shall forfeit his/her right to an exchange or reimbursement.
13. Following the formal complaint filed by the Buyer, Sample Minds srls shall replace the damaged product. In the event that Sample Minds srls cannot replace the product, it shall reimburse the entire amount of the payment for said product or substitute the product with another of equal or greater value after having consulted with the Buyer.
Art. 8 – Defects and Legal Guarantees
1. Sample Minds srls is obliged to deliver to the Buyer goods which conform to the sales contract and is liable to the Buyer for any conformity defects existing at the time of the delivery of goods.
14. All products are covered by legal guarantee for two years in accordance with art. 128,129, 130, 131, 132, 134, 135 of D.lgs. 206/2005 and subsequent amendments and additions.
15. The guarantee is reserved to the buyer as defined by D.lgs. 206/2005 and subsequent amendments and additions.
16. The guarantee shall be null and void if the Buyer does not formally complain about the defect to the Seller within 2 months of discovering the defect.
17. The legal guarantee only covers the substitution of goods which are non-conforming to the sales contract, insofar as the subject of the contract are clothes products. The guarantee is not applicable for defects arising from incorrect storage, handling, use, transportation of the product by the Buyer, or the failure to respect the instructions provided by the manufacturer and found on the product’s labelling. Likewise, the guarantee is not valid if the defect is determined to be caused by the willful or malicious mishandling of the product by the buyer or depends on other causes not related to the production or transportation of the product before having been delivered to the buyer.
18. In the case that the Buyer becomes aware of a conformity defect, he/she must formally communicate a complaint by sending a letter by registered mail to Sample Minds srls Via Majorana 33R 16166 Genova within 2 months of the discovery of the defect. The Buyer must explain his/her complaint while also including the order number and billing information.
19. In the case of a conformity defect which has been duly communicated within the correct timeframe, the Buyer shall have the right to have the product substituted within a reasonable timeframe, unless such substitution is not objectively possible or unduly burdensome, or, as a secondary measure, the Buyer shall be offered a price reduction or the possibility to terminate the contract. In the event of a minor defect for which it is not possible or it is considered too burdensome to bring about a repair or substitution, a termination of the contract shall not be considered a right.
20. Sample Minds srls reserves the right to verify the existence of a conformity defect.
21. Sample Minds srls reserves the right to communicate to the Buyer if it shall proceed with picking up the defective product at the Buyer’s residence.
22. The operating times for carrying out the activation of the guarantee are variable and are determined by the type of product concerned and the nature of the defect.
23. Sample Minds srls shall not, under any circumstance, be burdened with any charges which might arise from eventual delays in the delivery of a substitution product or refunds. Notwithstanding exceptional cases, all refunds shall be completed within 60 days of Samples Minds srls having received the defective product. Otherwise, the Buyer may take remedial action as per the existing law (terminate the contract or a reduction in the price paid taking into consideration how and if the product has already been used).
Art.9 – Right to Withdrawal
1. According to the law, the Buyer may exercise his/her right to withdraw the contract without specifying any reason for doing so and without paying a penalty as long as it is done within 14 days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last good and where the obligations for information have been fulfilled according to art. 52 of D.lgs. 206/2005 including all subsequent amendments and integrations.
24. In the case that the Seller has not satisfied the obligations for information referred to in art. 52, comma 2, lett. f) and g) and 53 of D.lgs. 206/2005 including all subsequent amendments and integrations, the deadline for exercising the right to withdrawal ends 12 months after the end of the initial withdrawal period. The latter deadline applies in the case that Sample Minds srls provides incomplete or incorrect information which does not allow for the correct exercising of the right to withdrawal.
25. In order to exercise the right to withdrawal, the Buyer must send a written communication by e-mail to . The Buyer will be immediately notified with an acknowledgement of receipt of said withdrawal by e-mail.
26. The written communication must include: the Buyer’s name and address, the order number, the intention to withdrawal from the purchase, a copy of the billing information, a telephone number to be reached at, and the bank coordinates for the account to be used for the reimbursement.
27. In order to respect the withdrawal deadline, the e-mail communicating the exercising of the right to withdrawal must be sent within the end of the withdrawal period.
28. Once the communication regarding the withdrawal has been received, Sample Minds srls will notify the Buyer which address should be used to ship the items to be returned and issue an authorization to return said products.
29. The Buyer must ensure all products are complete and carefully packaged in their original shipping boxes and sent to the address provided by the Seller. The Buyer must ship the goods within 14 days of having communicated the withdrawal of the contract to Sample Minds srls. Once the products have been received, Sample Minds srls shall see to reimbursing the Buyer for the corresponding amount of the retuned goods. The deadline for returning the goods is considered to have been met at the moment the goods have been brought to an accepting post office or in the hands of the courier company.
30. In the case of the exercising of the right to withdrawal within 14 days according to art. 64 comma 1 D.lgs. 206/2005 and including all subsequent amendments and integrations, the shipping cost incurred by the Buyer to return products to Sample Minds srls shall be borne by the Buyer.
31. In the case of the exercising of the right to withdrawal within 14 days according to art. 64 comma 1 D.lgs. 206/2005 and including all subsequent amendments and integrations, it is essential the returned goods be in perfect condition.
32. In the case of the exercising of the right to withdrawal within 14 days according to art. 64 comma 1 D.lgs. 206/2005 and including all subsequent amendments and integrations, Sample Minds srls shall reimburse the amount the Buyer had paid within 14 days of having been informed of the Buyer’s decision to withdraw from the contract using the same form of payment the Buyer had used in the initial transaction, unless another form of payment has been expressly discussed and agreed upon with the Buyer.
33. Reimbursement may be withheld until the goods have been received.
Art. 10 – Prices
1. All of the prices for products set forth and displayed on the site www.sampleminds.it are offered to the public in accordance to art. 1336 c.c.
34. The Buyer shall pay Sample Minds srls the price which is set forth in the online catalogue at the time of the purchase of products. The said price will be in Euros and is inclusive of VAT.
35. Where applicable, the cost of the delivery of products will be paid by the Buyer and such costs will be applied according to the prices listed in the relevant section on . The Buyer shall have looked over said prices before having completed his/her order.
36. Prices may be updated and, therefore, may be subject to daily variations.
37. There is no minimum purchase to complete an online order.
Art.11 – Shipping Costs
1. The Buyer shall pay Sample Minds srls the shipping costs related to the order. A flat rate of €10,00 shall apply to ship to Italian islands, Venice and Livigno. There are no shipping costs for the rest of Italy.
Art.12 – Promotions and Gifts
1. Any promotions set forth by Sample Minds srls or any special free products are valid and available until stocks run out and are limited to the terms set forth on www.sampleminds.it.
38. Discount codes may not be combined and may not be applied to shipping costs and other ongoing promotions.
39. No substitutes or exchanges are possibile for products received as compliments from the Seller.
Art.13 – Responsibility
1. Sample Minds srls does not assume any responsibility for disruptions or inefficiencies in the ability to meet deadlines provided by the contract caused by force majeure of any type or nature.
40. By way of example, force majeure may be considered but is not limited to: accidents, explosions, fires, strikes, earthquakes, flash floods and other similar events, as well as measures by the Public Authority, Sample Minds srls employee strikes or strikes carried out by carriers to which Sample Minds srls avails itself, and also any other circumstance over which Sample Minds srls has no control.
41. Without prejudice to the provisions of art. 8 of the EU Directive 97/7 and art. 56 D. Lgs. 206/2005 including all subsequent amendments and integrations, Sample Minds srls does not assume any responsibility for any third-party credit card fraud which may occur with the credit card provided by the Buyer.
42. Sample Minds srls shall not be responsible, except in the case of intent or gross negligence, for disruption or malfunctioning of the Internet connection beyond its control or that of its subcontractors.
43. Sample Minds srls shall not be held responsible for any damages, losses or costs incurred by the Buyer as a result of a failure to execute the contract for causes for which it cannot be held responsible, with the Buyer having the right only to a reimbursement of the price of a product and any ancillary charges incurred.
Art.14 – Payment and Billing
1. The Buyer shall pay for the ordered products with the following payment methods: credit card (may be pre-paid) and/or Paypal.
44. The credit cards accepted by Sample Minds srls are: Visa, VPay, Visa Electron, Mastercard, Maestro.
45. Once a payment method has been chosen, the Buyer shall be redirected to the respective website (BNL Positivity for credit cards or MyBank, Paypal) to make the transaction and carry out the payment.
46. The payment shall include the shipping costs, where required, and those costs shall be borne by the Buyer according to the terms laid out to the public on the site www.sampleminds.it
47. Sample Minds srls shall send the invoice by e-mail to the address which has been provided in the order by the Buyer.
48. The official sales receipt with tax information will use the information provided by the Buyer at the time of the order. No modifications will be allowed after the sales receipt has been issued. As such, the Buyer is obliged to carefully insert his/her personal information at the time of the order, as this data will be used for all following accounting activity.
Art.15 – Contract Termination and Termination Clause
1. The liabilities assumed by the Buyer in art. 2 here-above (Buyer Obligations), as well as the Buyer requirement to guarantee the payment is made in full, are essential, so that, due to the expressed agreement, the Buyer’s non-compliance with only one of the said obligations shall result in the legal termination of the contract, without requiring any legal proceedings, with the exception for Sample Minds srls to take legal action in order to ask for compensation for further damages incurred.
Art.16 – Security
1. Online credit card and PayPal transactions are completed on their respective sites, through a secure server which use the SSL (Secure Socket Layer) protection system. This protocol allows for secure mode of communication designed to avoid interception, modification or falsification of information.
49. Sample Minds srls is never given personal information from or about a Buyer’s credit card or PayPal account.
Art.17 – Modifications
1. At any given moment, Sample Minds srls reserves the right to modify the present Terms and Conditions, and shall publish the updates on the site www.sampleminds.it.
50. Any new clauses shall impact purchases made after the date of modification.
Art.18 – Applicable Laws
1. The present contract is regulated by Italian Law. For everything not expressly mentioned herein, the present Terms and Conditions apply to D.Lgs. 206/05 and any subsequent amendments and integrations.
Art.19 – Place of Jurisdiction
1. Any dispute relative to the application, execution or interpretation of the present contract stipulated online at www.sampleminds.it shall be subject to Italian jurisdiction.
51. For any disputes between the parties involved in the present contract, the court with jurisdiction shall be that of the Buyer’s place of residence or domicile if it is found within the state of Italy.
52. In the case that the Buyer’s place of residence or domicile is not in Italy, the jurisdiction shall be the court in the location where the merchandise was delivered.
Art. 20 – Privacy Protection and Processing Buyer Data
1. Sample Minds srls protects the privacy of its clients and guarantees that its data processing conforms to the legislation on privacy as per d.lgs. 3June 30, 2003, n. 1961.
53. The personal and fiscal information acquired either directly and/or through third parties by Samples Minds srls, in the capacity of data controller, is collected and processed in hardcopy, electronically or telematically with the intent to finalize the registration of the order and activate the procedures to execute the present contract and all related necessary communications, in addition to fulfilling the requirements of all legal obligations, as well as allowing for more efficient commercial relations in order to carry out the requested service to the best of its abilities (art. 24, comma 1, lett. b, d.lgs. 196/2003)2.
54. Sample Minds srls shall ensure that it processes the data and information provided by the Buyer with confidentiality and shall not reveal them to unauthorized persons, nor use them for purposes other than those for which they were collected, or to transmit them to third parties. Such data may be disclosed only upon the request of the judicial authority or another authority authorized by law.
55. Personal information shall be disclosed, following the signing of a confidentiality agreement concerning said information, solely to persons delegated to carry out activities necessary for the execution of the contract and the information shall be communicated with the sole purpose of enabling the execution of the contract.
56. The Buyer has the right under art. 7 of d.lgs. 196/2003, to:
a) update, rectification or integrate personal data, if so desired;
b) cancel, make anonymous or block data if it has been processed in violation of the law, including any data that is not required to be stored according to the reason for which it was originally collected or subsequently processed;
c) a declaration that the operations relating to letters a) and b) have been disclosed, even with regard to their content, to those to whom the data had been communicated or spread, except in the case where such proves to be impossible or would require the use of means clearly disproportionate to the right being protected. Moreover, the interested party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal information which concerns him/her, even if pertinent to the data gathering purpose; ii) to the processing of personal information which concerns him/her with the aim of sending out advertising material, direct selling, or carrying out market research or commercial communication.
57. The Buyer must communicate his/her personal information in order to assure the correct and timely execution of the present contract. Failure to do so shall mean the Buyer’s request shall go unprocessed.
58. In every case, the information acquired shall be conserved for a period of time not exceeding that which is necessary to perform the task for which the data was originally collected and subsequently processed. The removal of the data shall take place in a secure manner.
Art. 21 – Contract Storage
1. Under article 12 of d.lgs. 70/2003, Sample Minds srls informs its clients that every order sent will be conserved as a digital copy at the Sample Minds srls headquarters according to privacy and security criteria.