1.1 These general terms and conditions of sale (the “General Terms and Conditions”) apply to all sales contracts entered into between 7DESIGN GROUP LTD (“7DESIGN” or the “Company”), with registered office in 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM, VAT No. _________________, registered No. 15596443, and the customer, identified as a consumer under the applicable consumer legislation (the “Customer”). Company and the Customer are hereinafter jointly referred to as the “Parties” and individually as “Party”.
1.2 The Customer must read carefully and accept (by clicking on the appropriate flag in the shopping cart checkout phase) these General Terms and Conditions. By accepting the General Terms and Conditions, the Customer undertakes to comply with their provisions. If the Customer does not accept the General Terms and Conditions, they may not purchase “7DESIGN” branded products. Therefore, the Customer is invited to print and save a copy of the General Terms and Conditions for future reference.
1.3 The General Terms and Conditions govern the manner in which the Company sells “7DESIGN” branded products (as well as any digital content and/or services, the “Products”) via the e-commerce website https://7.design/ (the “Website”). 1.4 The General Terms and Conditions do not govern the provision of services or the sale of products by parties other than Company, even if they are present on the Website through links, banners or other hypertext links. 1.5 Company can always be contacted at ecommerce e-mail hi@7.design and on tel. ______________. 1.6 Purchasing Products through the Website is strictly reserved for persons who:
(i) have legal capacity and have reached the legal age in their country of residence; and
(ii) purchase the Products for personal use and not for purposes related to commercial, business or professional activities. 1.7 Company will not accept and/or process orders from channels other than the Website or from persons who do not meet the requirements set out in the above paragraph.
2. CONCLUSION OF THE AGREEMENT
2.1 The sending of a purchase order and its payment by the Customer (the “Order”) constitutes acceptance of the offer to the public made by Company through the Website, and, therefore, receipt of the Order by the Company constitutes the conclusion of a binding sales contract with respect to the Products selected by the Customer, which shall be entirely governed by the General Terms and Conditions in force at the time of its conclusion (the “Agreement”). 2.2 Before confirming and sending the Order, the Customer must therefore check the summary to ensure that the Products selected and all data provided are correct (for example the Customer may change the quantity of Products that they intend to purchase by adding or removing one or more of them from the virtual shopping cart).
3. PURCHASE PROCEDURE
3.1 To purchase a Product through the Website,the Customer must correctly fill in the fields of the relevant form on the Website, entering all the data required therein (e.g. first name, last name, delivery address, e-mail address and telephone number) necessary to perform the Agreement.
3.2 The description and essential characteristics of the Products, including details and composition, fit, colours and sizes (where applicable) are presented on the Website within each product sheet together with one or more photographic images in digital format. Although Company takes measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, the images and colours of the Products offered for sale on the Website may not be perfectly representative of their real characteristics due to the browser and/or devices used to access the Website. Companyis not, therefore, liable for any inconsistency of the graphic representations of the Products shown on the Website if due to the above technical reasons.
3.3 Without prejudice to Orders already sent and/or Agreements already entered into, Company reserves the right to remove any Product from the Website at any time, for commercial reasons relating to the seasonality of the products.
3.4 To send an Order, the Customer selects the Products they are interested in on the Website and places them in the virtual shopping cart.
3.5 Before completing the purchase, the Customer must check that the contents of the shopping cart are correct. The Customer will then be asked to select the payment method, indicate the select the chosen shipping method and specify the shipping address.
3.6 By placing the Order - after accepting the General Terms and Conditions - and clicking on “pay now”, the Customer expressly acknowledges and accepts the payment obligation. Therefore, after placing the Order, the price of the Product will be charged to the Customer through the payment method selected by the Customer.
4. PAYMENT
4.1.The price of the product will be the price indicated on the relevant product page when you place your order. All prices displayed on the Website are the price for the Products only, they do not include charges for delivery, if any. Prices include VAT or other sales taxes payable, unless otherwise specified.
4.2. Company reserves the right to change the Price at any time, without prejudice to Orders already placed and Agreements already entered into.
4.3. The payment methods that we accept are detailed in our online ordering process. We may change the payment methods that we are able to accept at any time. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other payment method in accordance with your order.
4.4 The payment service is operated by a third-party payment provider (different depending on the payment method that the Customer has selected). During the payment procedure, an additional payment authentication may be requested by the card issuer or banking institution (inter alia “Verified by Visa”, “MasterCard Secure Code”). Under no circumstances can Company be held liable for payment errors through the third-party payment service occurring due to lack of connection or for direct and/or indirect damages that the Customer may suffer for any reason or cause as a result and as a consequence of suspensions or interruptions in the operation of the bank’s website (including any cyberattacks).
4.5 Company will perform, through the third-party payment service provider, a standard pre-authorisation on the payment method the Customer has selected. If, for any reason (for example, relating to inadequate/insufficient payment details provided by the Customer), it is not possible to charge the Price, the purchase process will be automatically cancelled and the Order will not be sent to Company. Due to the failure to enter into the Agreement, Company will have no delivery obligation towards the Customer, nor may the Customer claim payment of any indemnity and/or compensation for damages.
4.6. The invoice or, more generally, the tax document relating to the purchase of the Products and the provision of services is sent by email to the Customer. The billing method does not affect the Agreement entered into with Company or the related rights guaranteed to consumers by applicable law. Once issued, the invoice/tax document can no longer be modified.
5.SHIPPING AND DELIVERY
5.1 The purchased Products are delivered to the Customer by shipment to the delivery address indicated by the Customer in the Order.
5.2 Shipping costs and times depend on the type of shipment selected by the Customer during the purchase process and indicated in the Order. The types of shipping available vary from area to area. Specifically, in certain areas the Customer may choose between standard and express shipping (where available), as better described on the Website on the shopping cart checkout page.
5.3 The Parties agree that the delivery times indicated on the Website are purely indicative and that in any event delivery will be made within 30 (thirty) days from the conclusion of the Agreement. After receiving Shipment Confirmation, the Customer can monitor the status of the shipment from the courier’s website with the shipment tracking number provided in the Shipment Confirmation.
5.4 Upon delivery of the Products by the courier, the Customer (or a representative or other person indicated by the Customer) must verify: (i) that the recipient’s details on the delivery receipt are correct; and (ii) the integrity of the packaging and seals.
5.5 Any damage to the packaging, seals that have been altered in any way and/or discrepancies with respect to the recipient’s references or documentation must be immediately indicated in writing on the courier’s delivery receipt (signature subject to inspection).
6. RISKS AND OWNERSHIP
6.1 Ownership of the Products is only transferred to the Customer upon payment of the Price and shipping costs, while the risk of loss of or damage to the Products remains with Company or the courier until the Products have been delivered.
7.WARRANTY
7.1 Products purchased through the Website are covered by the English Law.
7.2 Without prejudice to the provisions of Article 3.2, Company shall deliver to the Customer Products that are in conformity with the Agreement. In case of defective Products and/or Products that do not conform to the promised characteristics, the Customer must notify Company promptly.
7.3 If Company finds that a Product is defective Company shall repair or replace the defective Product within a reasonable period of time after the Company has been informed of the conformity defect.
7.4 In cases where repair or replacement of the Product is impossible or excessively onerous, the Customer may request an appropriate reduction of the Price or termination of the Agreement (except in cases of minor non-conformity).
7.5 It is understood that the Customer is not entitled to exercise the Warranty in the following cases:
(i) in the absence of proof of purchase;
(ii) if the Product has been used, damaged, modified or otherwise altered by the Customer or a third party; and
(iii) in the absence of the original labels, part of the Products and/or accessories.
7.6 Shipping costs for the return of defective and/or non-conforming Products to be repaired or replaced under this article, as well as the costs related to the delivery of the repaired or replacement Product to the Customer, are borne by Company.
8. FORCE MAJEURE
8.1 Company will not be liable for any failure or delay in the performance of any of its obligations under the Agreement and/or these General Terms and Conditions caused by events beyond its reasonable control, such as strikes, lockouts or other industrial action, civil insurrection, invasion, terrorist attacks (including threatened), wars (whether declared or not) or threat of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural catastrophes, impossibility to use railways, maritime transport, aircraft, motor transport or other public or private means of transport, impossibility to use public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authorities (“Force Majeure”). 8.2 In the event of Force Majeure, performance by Company may be suspended for the entire duration of the Force Majeure event. Company shall inform the Customer of the occurrence of a Force Majeure event without undue delay and in any event within 7 (seven) days from its occurrence. This is without prejudice to the Customer’s right of withdrawal pursuant to Article 9.
9.RIGHT OF WITHDRAWAL
9.1 The Customer may withdraw from the Agreement, without penalty and without having to state a reason, within 14 (fourteen) calendar days from the day on which they received the Product. After this period, Product returns will no longer be accepted.
9.2 To exercise the right of withdrawal, in accordance with the abovementioned time limit, the Customer must contact by phone ____________ or via messengers or by e-mail hi@7.design. The burden of proof concerning the exercise of the right of withdrawal in accordance with this Article is on the Customer.
9.3 The right of withdrawal may only be exercised by the Customer and in no case by the recipient of a Product as a gift.
9.4 The cost of delivery of goods for return is borne by the Customer.
9.5 The Product must be returned without undue delay and in any event within 14 (fourteen) days from the date on which the Customer notified Company of its decision to withdraw from the Agreement.The Customer bears at their own expense the cost of returning the Product. The Products must be returned according to the following conditions:
(i) the Products must be returned in their original packaging, with their original package and labelling (including boxes, accessories, tags, labels and dust bags);
(ii) the Products must not have been used, washed or damaged;
(iii) the right of withdrawal applies to the Product in its entirety and not to its individual parts (e.g. buckles, laces, etc.);
(iv) the shipment, until received by Company, is under the Customer’s liability.
9.6 After receipt of the returned Product and verification of its fitness by Company or persons appointed by Company, Company shall send the Customer an e-mail confirming that the return has been accepted (the “Return Confirmation”).
9.7 Following the Return Confirmation, Company shall reimburse all payments received from the Customer, without any shipping costs, without undue delay and in any event within 14 (fourteen) days from the day on which the Company was informed of the decision to withdraw from the Agreement. The Customer receives a full refund of the Price by the same method that was used to make the payment, with different timing depending on the payment method originally selected and the bank circuit in question.
9.8 It is understood that the right of withdrawal also applies to Products purchased on sale or during fire sales or other promotional periods.
9.9 The right of withdrawal is excluded for tailor made or otherwise customised Products, if so provided, pursuant to English law.
9.10 The right of withdrawal is excluded for Products in the beauty (such as make-up articles) and underwear lines and for earrings without their original seals/protections, which are therefore deemed to have been opened and/or worn after delivery. These Products may not be returned for hygiene reasons and/or reasons otherwise related to the protection of health pursuant to English law.
10.INTELLECTUAL PROPERTY
10.1 Company guarantees the authenticity and high quality of all Products offered for sale through the Website. All intellectual property rights (for example and without limitation, the “7DESIGN” trademarks both denominative and figurative) on or relating to the Products and their accessories and packaging are and remain the exclusive property of Company .
10.2 The Customer does not acquire any rights to Company’s intellectual property rights by reason of and under the Agreement and/or these General Terms and Conditions. Total or partial reproduction, modification, alteration or any other use of Company’s intellectual property rights without Company’s prior written consent is strictly prohibited.
11.PERSONAL DATA PROTECTION
11.1 The Customer’s personal data collected by Company in the course of conclusion or performance of the Agreement will only be processed in accordance with Company’s privacy policy (hereinafter the “Privacy Policy”) available here.
11.2 In accordance with the Privacy Policy, the Customer’s personal data (including those contained in correspondence with the Company by e-mail or by other instant messaging channels) are processed by Company for the period of time strictly necessary to achieve the purposes for which they were collected and stored for the entire duration of the contractual relationship and, upon its termination, for the period of time allowed by the rules on statute of limitations.
12.NOTICES
12.1 For any needs, the Customer may contact Company’s customer service (the “Customer Service”), by contacting the staff at +___________________, Monday to Friday, 9 a.m. to 6 p.m. (Central European Time - CET). The Company can be contacted at any time by e-mail hi@7.design. Moreover, the FAQ section on the Website can be consulted for immediate answers to frequently asked questions about online shopping experiences.
12.2 Company responds to Customer enquiries as soon as possible, using the contact channel chosen by the Customer or another address indicated by the Customer in the Order. It is understood that correspondence sent by the Customer to other addresses and/or through communication channels not specified in this Article will not be deemed to have been properly received and will not be accepted.
13.CHANGES AND UPDATES
13.1 Company reserves the right to periodically review and amend these General Terms and Conditions to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant regulations and legal requirements, and changes in its system capabilities.
13.2 Each Agreement will be governed by the General Terms and Conditions in force at the time of its conclusion. Any changes or updates are duly published on the Website and/or notified to the Customer and will be effective immediately from the date of their publication and/or notification for Orders placed thereafter.
14.MISCELLANEOUS PROVISIONS
14.1 Failure to exercise or late exercise of a right under the Agreement and/or these General Terms and Conditions does not constitute a waiver thereof.
14.2 Should any of the provisions of these General Terms and Conditions be invalid, ineffective or unenforceable for any reason, that provision will be considered as severed from these General Terms and Conditions and the remaining provisions contained therein will be perfectly valid and effective and will not be affected by the invalid, ineffective or unenforceable provision.
14.3 The Agreement is binding on both Parties and their respective successors and assigns. Company may transfer, assign, sub-contract or otherwise dispose of the Agreement, or any of its rights or obligations under it, at any time during its term, subject to the obligation to ensure an effective level of protection of the Customer’s rights at least equal to that guaranteed under the Agreement.
15.APPLICABLE LAW AND JURISDICTION
15.1 These Terms and all transactions relating to the Website are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country or region in which you are located.
Choosing a selection results in a full page refresh.
