Terms & Conditions of Sale

Terms and conditions of sale

1.         Introduction

1.1     These terms and conditions shall govern the sale and purchase of products through our website.

1.2     This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

2.         Interpretation

2.1     In these terms and conditions:

(a)      "we" means Sartieri ; and

(b)      "you" means our customer or prospective customer,

          and "us", "our" and "your" should be construed accordingly.

3.         Order process

3.1     The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2     No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3     To  enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Lastly, we will ask you to set a day of the week in order to schedule an appointment with one of our personal style consultant to complete the measuring process (for first customers and custom-made products only).

3.4     You will have the opportunity to identify and correct input errors prior to making your order by following our shop’s steps.

4.         Products

4.1     The following types of products are or may be available on our website from time to time:

·         Suits

·         Jackets

·         Trousers

·         Vests

·         Shirts

·         Ties

·         Pocket squares

·         Other accessories

4.2     We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.         Prices

5.1     Our prices are quoted on our website.

5.2     We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3     All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4     It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5     In addition to the price of the products, you may have to pay a delivery charge if your delivery address is outside EURO ZONE , which will be notified to you before the contract of sale comes into force.

6.         Payments

6.1     You must, during the checkout process, pay the prices of the products you order.

6.2     Payments may be made by any of the permitted methods specified on our website from time to time.

6.3     If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4     If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)      an amount equal to the amount of the charge-back;

(b)      all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

 (c)     all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

          and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

 

7.         Deliveries

7.1       Free delivery

7.1.1   We offer free standard delivery to all mainland UK addresses and all EU Countries, on all orders over GBP/EUR 50 (including VAT).

7.1.2   All other orders will be subject to delivery charges as detailed in Section 5.

7.2      Geographical limitations

7.2.1   We will deliver to the following countries and territories: please check the full list on our website.

7.2.2   We may from time to time be unable to delivery products to some countries and territories. Please send us an e-mail if your Country does not appear in our list: info@sartieri.com .

7.3      Delivery methods and periods

7.3.1   The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:

All our orders are shipped by international couriers like DHL, FEDEX and GLS.

Typical periods for delivery our products by this method are describing as a follow:

 

 

UK & EUROPE

ITALY

WORLD

TAILORED SUITS AND SEPARATES *

3-4 WEEKS

3-4 WEEKS

4 WEEKS

TAILORED SHIRTS *

2-3 WEEKS

2-3 WEEKS

3 WEEKS

BESPOKE TIES

2-3 WEEKS

2 WEEKS

2-3 WEEKS

NO BESPOKE TIES AND OTHER ACCESORIES

1 WEEK

1 WEEK

1-2         WEEKS

 

* FIRST PURCHASE ON SARTIERI: time starts once Sartieri has all your measurements taken by our style consultant. Usually not more than 2 days after that your order has been carried out.

*For some special orders such as weddings etc. the timing may be longer

 

 

7.3.2   If you place your order before 3pm on a working day, these time periods run from the close of business on that day; if you place your order after 3pm on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.

7.3.3   The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

7.4      Delivery charges

7.4.1   Delivery is free of charge. Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us, ONLY for orders from NO EU-COUNTRIES.

7.4.2   Applicable delivery charges will depend upon the location of the delivery address, and the size and weight of the products in your order.

7.5      Receipt and signature

7.5.1   All deliveries must be received in person at the delivery address, and a signature must be provided.

7.6      Additional deliveries

7.6.1   If an initial delivery attempt is unsuccessful, our delivery service provider will make at least 1 more attempt to deliver the products in your order.

7.7      Collection

7.7.1   If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.

7.8      Delivery problems

7.8.1   If you experience any problems with a delivery, please contact us by e-mail:

          customercare@sartieri.com

7.8.2   If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge). 

7.8.3   An indicative list of the situations where a failure to deliver will be your fault is set out below:

(a)      you provided the wrong address for delivery;

(b)      there is a mistake in the address for delivery that was provided;

(c)      the address for delivery is not reasonably accessible;

(d)      the address for delivery cannot safely be accessed;

(e)      if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or

(f)      if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

 

 

 

 

Returns

8.         Returns

          If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)      we receive the returned product within 30 days following the date of dispatch of the product to you;

(b)      the returned product is unused, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;

          (c)      the returned product isn’t further altered, amended or tailored;

(d)      you comply with the procedure set out in this policy in relation to the return of the product; and

(e)      none of the exclusions set out in this policy apply.

 

8.1.     Returns procedure

 Once we have received and processed your return, your refund will be processed and a credit will be automatically applied. Some credit card companies take up to five (5) business days to post that credit to your account.

 

 

         

8.2.     Exclusions

8.2.1   The following kinds of products may not be returned under this policy:

               (a)           * any product personalized, tailored or adapted for you;

(b)      any product or accessories shipped oversea; you must contact us in order to know  our Returns Policy for NO-EU Countries.

(c)      gift cards;

* Because each one of our garments is custom made specifically for you, we can offer full refunds ONLY if the suit (or jacket, trouser, vest and shirt) doesn’t fit you or if these products are clearly damaged. However, we are 100% committed to working with you until you are fully satisfied. However, all no-bespoke ties and pocket squares can be returned for a full refund within 30 days of purchase.

 

8.3      Refunds

8.3.1   We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

8.3.2   We will not refund to you the original delivery charges relating to the returned product. (Related only to products shipped outside Euro-zone).

8.3.3   We will not refund to you  postage costs incurred returning the product to us.

8.3.4   We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.3.5   We will process the refund due to you as soon as possible and, in any event, within 40 days following the day we receive your returned product.

8.4.     Improper returns

8.4.1   If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)      we will not refund the purchase price or exchange the product;

(b)      we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)      if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

 

 

8.5      Contact us

8.5.1   If you have any problems or if you want more informations please contact us by using our website contact form or by email to  customercare@sartieri.com , our operators will assist you for every your need.

 

 

 

9.         Distance contracts: cancellation right

9.1     This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2     You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)      beginning upon the submission of your offer; and

(b)      ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

9.3     In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.4     If you cancel a contract on the basis described in this Section 9, you must send the products back to us (please send an e-mail to customercare@sartieri.com ,our operators will take care of your request) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

9.5     If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)      if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)      as otherwise provided in this Section 9.

9.6     If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

9.7     We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.8     Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

9.9     You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, goods that are clearly personalised or custom-made for you (suits, jackets, shirts, trousers, vests or bespoke ties).

IMPORTANT: The cancellation policy will not affect the right of withdrawal for problems related to product defects or problems with the fit.

Sartieri always guarantee to its clients:

·         100% best fit

·         any major defects

on its clothes.

 

10.      Warranties and representations

10.1    You warrant and represent to us that:

(a)      you are legally capable of entering into binding contracts;

(b)      you have full authority, power and capacity to agree to these terms and conditions;

(c)      all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)      you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

10.2    We warrant to you that:

(a)      we have the right to sell the products that you buy;

(b)      the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)      you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)      the products you buy will correspond to any description published on our website; and

(e)      the products you buy will be of satisfactory quality.

10.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

11.      Breach of product warranty

11.1    If you believe that products you have purchased from us breach any of the warranties set out in Section 10.2, please contact us to discuss the issue and arrangements for the return of the products: customercare@sartieri.com .

11.2    If products you purchase from us do not conform with the warranties set out in Section 10.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

11.3    If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)      we will not refund the purchase price or exchange the product;

(b)      we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)      if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

12.      Limitations and exclusions of liability

12.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law,

          and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)      are subject to Section 12.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.5    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

13.      Order cancellation

13.1    We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)      you fail to pay, on time and in full, any amount due to us under the contract; or

(b)      you commit any breach of the terms of the contract.

13.2    We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

14.      Consequences of order cancellation

14.1    If a contract under these terms and conditions is cancelled in accordance with Section 13:

(a)      we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)      you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)      all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

15.      Scope

15.1    These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

15.2    These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

15.3    These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

16.      Variation

16.1    We may revise these terms and conditions from time to time by publishing a new version on our website.

16.2    A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

17.      Assignment

17.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

17.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18.      No waivers

18.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

18.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

19.      Severability

19.1    If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2    If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.      Third party rights

20.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.      Entire agreement

21.1    Subject to Section 12.1, these terms and conditions, together with our delivery and returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

22.      Law and jurisdiction

22.1    A contract under these terms and conditions shall be governed by and construed in accordance with English law.

22.2    Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

23.      Statutory and regulatory disclosures

23.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

23.2    These terms and conditions are available in the English language only but the most important parts of these terms and conditions are translated into Italian.

24.      Our details

24.1    This website is owned and operated by Xedra Ltd.

24.2    We are registered in England and Wales under registration number 9374271 , and our registered office is at 20-22 Wenlock Road N17GU London –UK  .

24.3    You can contact us by using our website contact form, by email to info@saritieri.com .