Terms and conditions
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
Created by Sdepp GmbH, located at 39017 Schenna, Via Katnau 12, VAT No. 03248700217, Email: hello@sdepp.com, (hereinafter referred to as “Seller”);
Preamble: The Seller manages the website www.sdepp.com (hereinafter referred to as “Website”); The said Website is used for conducting commercial transactions between the business and the consumer (B2C). The term “General Terms and Conditions for Online Sales” refers to the commercial contract for the consumer goods of the Seller, concluded between the Seller and the Buyer within the framework of a distance selling system organized by the Seller. The brand and company logo of the Website are the exclusive property of the Seller; These sales conditions govern online sales transactions between Sdepp GmbH and the Buyer, who expressly declares that the purchases are not made for purposes related to commercial or professional activities (if any); This preamble is considered an integral and essential part of the agreement.
The parties agree as follows:
Subject of the Agreement 1.1 These General Terms and Conditions, which the Buyer can print and keep in accordance with and pursuant to Article 12 of Legislative Decree No. 70 of April 9, 2003, apply to the purchase of products made remotely and by electronic means through the Seller’s website located at 39017 Schenna, Via Katnau 12, VAT No. 03248700217, Email: hello@sdepp.com. 1.2 Under the terms of this agreement, the Seller sells the products indicated and offered for sale on the Seller’s website, and the Buyer purchases them remotely. 1.3 The main characteristics of the products mentioned in the preceding section are displayed on the Seller’s website. The images of a specific product may not fully reflect the characteristics of that product. 1.4 The Seller undertakes to deliver the selected products – subject to their availability – against payment of an amount specified in Article 3 of this agreement.
Acceptance of Sales Conditions 2.1 All orders are forwarded by the Buyer to the Seller by completing the purchase process indicated on the Website. 2.2 These General Sales Conditions must be viewed online by the Buyer before completing the purchase process. Therefore, the transmission of the order by the Buyer implies full knowledge and acceptance of the General Sales Conditions. 2.3 By transmitting the confirmation of their order via the Website, the Buyer unconditionally accepts the General Terms and Conditions and payment terms described below and undertakes to comply with them in dealings with the Seller, confirming that they have read and accepted all the information provided by the Seller in accordance with the aforementioned regulations, also acknowledging that the Seller is not bound by other conditions unless previously agreed in writing. 2.4 Acceptance of the sales conditions is confirmed by the precise completion of all sections of the digital form by following the instructions displayed on the screen and finally clicking on the boxes labeled ACCEPTANCE OF SALES CONDITIONS and PRIVACY POLICY, thereby fully accepting the content of these documents.
Purchase Method and Sale Price 3.1 The products and sale prices displayed on the website are indicated in Euros and are in any case considered purely indicative and subject to explicit confirmation by email from the Seller, which constitutes acceptance of the order. 3.2 The prices of the products published on the homepage or in the various sections of the website include VAT for the EU. Delivery is made to the countries indicated on the homepage of the website www.sdepp.com. The shipping costs for each country are also indicated there. The total shipping costs to the Buyer’s residence are borne by the Buyer, except for any exceptions and waivers specifically published on the website and/or communicated by email. In any case, the costs will be communicated to the Buyer before the order is confirmed. 3.3 The receipt of an order only obliges the Seller once the order has been explicitly accepted by email. After verifying the availability of the selected product, the Seller formally confirms and accepts the order by email. 3.4 The Buyer expressly grants the Seller the authority to accept the Buyer’s order only partially (for example, if not all ordered products are available). In this case, the contract is only valid for the goods actually sold.
Conclusion of the Agreement 4.1 The contract concluded through the website is considered concluded at the moment the Buyer receives a formal order confirmation by email, in which the Seller accepts the order submitted by the Buyer and informs them that the order can be fulfilled. The contract is considered concluded at the place where the Seller’s headquarters are located.
Payment Method 5.1 All payments by the Buyer must be made exclusively in one of the following ways: advance payment by bank transfer; online payment by credit card; payment by PayPal. a) Advance payment by bank transfer: Payment to the bank account in the name of Sdepp GmbH. The goods will be shipped after payment confirmation, but no later than 3 days after receiving the Seller’s confirmation email. If this is not the case, the order will be considered void. c) Payment by credit card: Payment can be made with one of the following credit cards: Visa, MasterCard, American Express. The purchase amount will be debited at the time of order completion. The Buyer should be aware that the processing bank may require a PIN or password during the payment process with Visa or MasterCard, which must be entered at the time of payment. If the Buyer does not know the PIN or password, they should contact the bank. d) Payment by PayPal.
Delivery Method 6.1 The goods will be delivered by the Seller through reliable couriers and/or shippers to the address provided by the Buyer. Deliveries within the member countries of the European Union will be shipped approximately 2 (two) to 3 (three) working days after the payment date indicated in the confirmation email to the Buyer, depending on the item and delivery location. Deliveries to non-EU countries will be shipped approximately 3 (three) to 7 (seven) working days after the payment date, as indicated in the confirmation email to be sent to the Buyer, depending on the item and delivery location. If the Seller is unable to ship the goods within these timeframes but can do so within 30 days of the contract conclusion, the Buyer will be promptly informed of this incident by email. In all cases, the goods will only be shipped after payment has been made, so the delivery period starts from this date. 6.2 The Buyer will receive an email with a tracking number, allowing the shipment to be tracked at any time. 6.3 In the absence of the Buyer, a notice will be left indicating the procedure for contacting the courier and/or shipper to arrange the delivery method. 6.4 The Seller assumes no liability for delays or non-deliveries due to incorrect or incomplete delivery address information provided by the Buyer. 6.5 Upon receipt of the goods, the Buyer must check whether the delivered product corresponds to the order and whether the packaging is undamaged. Without prejudice to the right of withdrawal described in Article 10 of these conditions, the Buyer must sign the delivery documents only after carrying out the aforementioned checks, as all shipments are insured against theft and damage. The right of withdrawal does not apply if the sold goods are custom-made for the Buyer.
Limitation of Liability 7.1 The Seller assumes no liability for delays or non-deliveries due to events of force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, or similar events that could partially or entirely prevent the fulfillment of the contract on the agreed date. 7.2 The Seller is not liable to the Buyer – except in cases of willful misconduct or gross negligence – for any inefficiencies or disruptions related to the use of the internet that are beyond the Seller’s control. 7.3 The Seller assumes no liability towards individuals or third parties for damages, losses, and costs resulting from the non-fulfillment of this agreement due to the aforementioned reasons; the Buyer is only entitled to a refund of any amounts already paid. 7.4 The Seller assumes no liability in the event of fraudulent and unlawful use of credit cards, checks, and other payment methods by third parties at the time of payment for the purchased products, provided it is proven that all possible precautions were taken based on the latest scientific and technological knowledge and experience, and due diligence was applied.
Warranty and Customer Service Procedures 8.1 The Seller distributes only original products of the highest quality. For questions, complaints, or suggestions, the Buyer can contact the Seller via their email address (hello@sdepp.com). To ensure a timely response to such inquiries, complaints, or suggestions, the Buyer must fully and clearly describe the problem, attaching the order documents if necessary, and provide the order number, customer number, etc. 8.2 In the event of non-compliance, the provisions of Legislative Decree No. 206 of September 6, 2005, apply. The Seller is therefore liable to the Buyer for a period of two years from the delivery of the goods for any defects or faults existing at the time of delivery. Any defects must be reported within two months of their discovery; otherwise, the Buyer can no longer assert the warranty rights. 8.3 The warranty applies exclusively to the provisions of Legislative Decree No. 206 of September 6, 2005.
Obligations of the Buyer 9.1 The Buyer undertakes to pay the purchase price of the product within the period and in the manner specified in these General Terms and Conditions. 9.2 The Buyer undertakes to print and keep these General Terms and Conditions – which the Buyer has previously reviewed and accepted as a mandatory step in the purchase process – as well as the specifications of the purchased product, in order to fully comply with the requirements of Legislative Decree No. 206 of September 6, 2005. 9.3 The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data during registration via the relevant digital form; the personal data and email address provided must correspond to the Buyer’s actual personal data and must not belong to a third party or a fictitious person. The Buyer therefore assumes full responsibility for the accuracy and correctness of the data entered in the digital registration form in order to complete the product purchase process. 9.4 The Buyer releases the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, as the Buyer is solely responsible for their correct entry.
Right of Withdrawal under Legislative Decree 206/2005 and Exchange of Goods 10.1 The right of withdrawal applies exclusively to the provisions of Legislative Decree No. 206 of September 6, 2005. 10.2 The Buyer is entitled to withdraw from the contract within 14 (fourteen) days from the date of receipt of the purchased product without any penalty and without giving any reason. 10.3 If the Buyer decides to exercise the right of withdrawal, they must inform the Seller using the form in Annex B of Legislative Decree No. 21/2014 or any other declaration expressing their decision to withdraw from the contract. The burden of proof for exercising the right of withdrawal in accordance with this article lies with the Buyer. The written notification can be replaced by the return of the purchased product, provided it is done under the same conditions and procedures as specified in Article 11. The date of dispatch to the post office or the courier will be considered the date of dispatch between the parties. 10.4 The goods must be returned promptly and in any case within 14 (fourteen) days from the date on which the Buyer informed the Seller of their decision to withdraw from the contract. In all cases, the Buyer is only entitled to a full refund of the amount paid if the product is returned intact or in a condition consistent with the necessary inspection of the product to ascertain its nature, characteristics, and proper functioning. 10.5 The Buyer cannot exercise the right of withdrawal if the purchase contracts involve custom-made or clearly personalized products that are not suitable for return due to their nature or are likely to deteriorate rapidly. 10.6 The Buyer who exercises the right of withdrawal in accordance with the provisions of this article is required to organize the return at their own expense.
10.7 The Buyer who has exercised the right of withdrawal as described herein will receive a refund of the amounts already paid, except for any additional costs related to the shipping method expressly chosen by the Buyer and other than the least expensive shipping method offered by the Seller. The refund of these amounts will be made promptly and in any case no later than 14 days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract and after the Seller has received the products via a reliable courier service. If the products have been washed or worn and bear the original seal and original tags, we are entitled to compensation for the loss in value; otherwise, it is not possible to refund the Buyer the full amount paid for the products. 10.8 To exercise the right of withdrawal, the Buyer must send an email to hello@sdepp.com, providing the product code and order details. 10.9 Upon receipt of the notification in which the Buyer informs the Seller of the exercise of the right of withdrawal, the parties will be released from their mutual obligations, without prejudice to the content of this article.
Correspondence 11.1 Unless expressly stated otherwise or required by applicable law, all correspondence between the Seller and the Buyer will preferably be in the form of email messages sent to the respective email addresses, which are considered by both parties as valid communication methods and whose presentation in legal proceedings cannot be contested solely because they are digitally generated documents. 11.2 Written communications addressed to the Seller, as well as any complaints, will only be considered valid if sent to the following address: Sdepp GmbH, 39017 Schenna, Via Katnau 12, or by email to the following email address: hello@sdepp.com. 11.3 Each party may change its email address for the purposes of this article at any time, subject to prompt notification to the other party in the manner specified in the previous paragraph.
Processing of Personal Data 12.1 The Buyer expressly declares that they have read both Article 13 of Legislative Decree No. 196 of June 30, 2003 (Privacy Code) and the privacy policy for the website. The rights mentioned in the privacy standards, as well as the Seller’s obligations to provide data, are reviewed online before completing the purchase process. Therefore, the submission of the order confirmation implies full knowledge of these rights and obligations. 12.2 The Seller respects the confidentiality of customers and guarantees that the processing of their personal data is carried out in full compliance with the requirements of the privacy standards set forth in Legislative Decree No. 196 of June 30, 2003. 12.3 The personal and tax data collected by the Seller, as the data controller, directly and/or through third parties, are collected and processed in printed, digital, or telematic form, depending on the processing method, for the purpose of registering the order and carrying out the procedures for executing this agreement and the necessary related communications, as well as ensuring compliance with the requirements of applicable legislation and facilitating more efficient management of business relationships to the extent necessary to provide the best possible service (Article 24, Section 1, Paragraph b of Legislative Decree No. 196/2003). 12.4 The Seller undertakes to treat the data provided by the Buyer as strictly confidential and not to disclose it to unauthorized persons, not to use it for purposes other than those for which it was collected, and not to disclose it to third parties. The disclosure of this data is permitted only at the request of judicial authorities or other authorities duly authorized by law. 12.5 Personal data will only be disclosed to persons involved in carrying out the activities necessary for the execution of the contract, and only for these purposes, subject to the prior signing of a confidentiality agreement. 12.6 The Buyer has the rights provided in Article 7 of Legislative Decree No. 196/2003, namely: a) the right to update, correct, or, if desired, integrate the data; b) the right to delete, anonymize, or block data that has been processed unlawfully, including data that does not need to be kept for the purposes for which it was collected or subsequently processed; c) the right to obtain a declaration that the operations described in paragraphs a) and b) above, as well as their content, have been brought to the attention of those to whom the data was communicated or transmitted, except in cases where such measures prove impossible or require the use of resources that are clearly disproportionate to the right being protected. The Buyer also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning them, even if relevant to the purpose of the collection; ii) to the processing of their personal data for the purpose of sending advertising or direct sales material, for market research, or for commercial communication. 12.7 The provision of personal data by the Buyer is a necessary requirement for the correct and timely execution of this contract. If these data are not provided, the Buyer’s purchase requests cannot be fulfilled. 12.8 In any case, the collected data will be kept for a period not exceeding the time necessary for the purposes for which the data was collected or subsequently processed. The deletion of the data will be carried out securely. 12.9 The data controller for the collection and processing of these personal data is the Seller, to whom the Buyer can address any requests, also at the company’s headquarters.
Jurisdiction 13.1 In the event of disputes arising from or related to this agreement, the parties undertake to seek an amicable and equitable resolution. 13.2 In accordance with EU Regulation No. 524/2013, the Seller informs the Buyer that a European platform for online dispute resolution (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/. The ODR platform is aimed at Buyers seeking an out-of-court settlement of disputes arising from online contracts for the purchase of goods or services. Please note that the Seller’s email address is: hello@sdepp.com. 13.3 In the event that the dispute cannot be resolved amicably or through an ADR entity contacted via the ODR platform, it may be brought before the court in whose jurisdiction the Buyer resides, provided this is within the Republic of Italy, as per Article 66-bis of Legislative Decree No. 206/05. If the Buyer is not a consumer, it is agreed that all disputes, regardless of the rules of local jurisdiction, will be exclusively decided by the court in Bolzano.
Applicable Law – References 14.1 This agreement is governed by the laws of the Republic of Italy. 14.2 For all matters not expressly referred to herein, the laws governing commercial transactions and the specific cases mentioned in this agreement, as well as the norms of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code), shall apply.
Final Clauses 15.1 This agreement cancels and annuls all previous agreements, understandings, and negotiations, whether written or oral, between the parties and concerning the matters described in this agreement. 15.2 The invalidity of any clause of this agreement does not affect the validity of the agreement as a whole. 15.3 These General Terms and Conditions of Sale have been drafted in Italian, German, and English. In case of interpretation difficulties, the parties agree that the version drafted in Italian shall be valid and effective.
For all matters not expressly regulated, reference is made to the provisions of the Civil Code and special laws.