General terms and conditions
General terms and conditions
Users who use the services offered by Sir Safety System S.p.A. declare that they know and accept these general terms and conditions.
The following document constitutes a contract, i.e., a legal agreement between you, as the User, and the natural or legal person operating Sir Safety System and governs your use of Sir Safety System and, in any case, the use of the services provided. "Legal Agreement" means that the terms of this agreement, once accepted by the User, are binding on the User. For simplicity, "User" "you" "your" and similar terms, both singular and plural, refer to you, the User. "Sir Safety System", "we", "our" and similar terms refer to the company that owns and operates Sir Safety System. "SIR Shop" refers to this Site. "Contract" refers to this document. The Contract is concluded in the Italian language. Other definitions may be found in the "Definitions" section at the end of this Agreement.
The range of products offered and offered for sale on the website www.sirsafety.it are governed by the aforementioned General Terms and Conditions of Sale. The range of products offered and put up for sale is marketed directly by Sir Safety System S.p.A. registered with the Register of Companies of Perugia, Tax Code and VAT no. 03359340548. Sir Safety System S.p.A. is based in Italy, Zona Industriale S.N. Santa Maria degli Angeli- 06081 Assisi, PG.
ACCEPTANCE OF CONTRACT
In order to use SIR Shop, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.
Information on Sir Safety System
Sir Safety System S.p.A. manufactures and sells clothing, work footwear and PPE (personal protective equipment) that can be purchased online through its website. All items sold, classified according to the relevant European standards, are accompanied by a "Technical Data Sheet" that can be consulted online and downloaded at www.sirsafetyshop.it and www.sirsafety.it , certifying the relevant technical characteristics and certifications. The offer of this range of products is addressed to persons who use them for entrepreneurial, commercial, handicraft or professional purposes, as well as to persons who, in their capacity as consumers, use them for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
Unless expressly specified, the provisions of these terms and conditions apply indiscriminately to one and the other.
REGISTRATION, CONTENTS OF SIR SAFETY SYSTEM AND PROHIBITED USE
Deleting and/or Closing the User Account
The registered User may deactivate his/her Account by requesting its deletion through the SIR Shop interface or by contacting the Controller directly or by discontinuing the use of the Service at any time. The Owner reserves the right to suspend or terminate the User's account at any time and without notice in the event of a breach of these "General Terms and Conditions of Sale".
The Owner reserves the right to suspend and/or terminate the User's account at any time and without notice if it considers that:
- User has breached the Agreement; and/or
- Your access to or use of the Service may cause damage to the Owner, other Users or third parties; and/or
- Your use of SIR may result in a violation of applicable law or regulations; and/or
- In the event of investigations conducted as a result of legal action or public authority involvement; and/or
- the account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in breach of the Agreement or not in line with the Owner's standards.
Content provided by the User
Users are responsible for their own content and that of third parties that they share on SIR, whether by uploading, posting content or by any other means. Users shall hold the Owner harmless from any liability in relation to the unlawful dissemination of third part content or the use of SIR in a manner that is contrary to law.
The Owner does not carry out any type of moderation of the contents published by the User or by third parties but may decide to interrupt or suspend the display of such contents in the event that one or more of the following circumstances occur
- Complaints are received from other Users;
- Receives a report of infringement of intellectual property rights;
- It believes it must do so in anticipation of, or as a result of, legal action;
- Such action is required by public authority; or; Believes that such content, by remaining accessible through SIR, may endanger Users, third parties, the availability of the Service and/or the Owner itself.
- Rights to content provided by Users
- The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of SIR.
By submitting, publishing or displaying content on or through SIR, the User grants the Owner an unlimited, non-exclusive, royalty-free licence, with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content by any media or method of distribution currently available or subsequently developed.
Contents provided by Third Parties
The Owner does not carry out any prior moderation on the contents or links provided by third parties displayed on SIR Shop. The Owner is not responsible for such content and its accessibility.
Services provided by Third Parties
The Users may use services or contents included in SIR Shop provided by Third Parties, after having read and accepted these "General Terms and Conditions of Sale". Under no circumstances may the Owner be held liable in relation to the proper functioning or availability, or both, of services provided by third parties.
The Service shall be used in accordance with the provisions of the "General Terms and Conditions".
Accordingly, Users may not:
- Reverse engineer, decompile, disassemble, modify or create derivative works based on SIR Shop or any portion thereof;
- Hack the computer systems used by SIR Shop or its licensors to protect the content accessible through it;
- Copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by SIR Shop;
- Use any robot, spider, search and/or site-finding application, or any other automated device, process or means to access, retrieve, scrape or index any portion of the SIR Shop or its content
- Renting, licensing or sublicensing SIR Shop;
- Defame, insult, harass, engage in threatening practices, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- Spreading or posting illegal, obscene, illegitimate, defamatory or inappropriate content;
- Misappropriate another User's account;
- Registering or using the Service for the purpose of approaching Users to promote, sell or advertise in any way products or services of any kind through SIR Shop;
- Use SIR Shop in any other improper manner that would violate the "General Terms and Conditions of Sale".
CONDITIONS OF SALE
Each order submitted constitutes an offer to purchase products. Orders are subject to availability and discretionary acceptance by the Holder. Purchase is subject to reaching the minimum order threshold of Euro 180.00. It is not possible to purchase from the following countries: Switzerland, United Kingdom, Non-EC countries.
In order to proceed with the purchase, the User navigating on SIR Shop must select the desired products, add them to the cart and carry out the payment check-out after carefully checking, and possibly modifying, the information contained in the order summary. The order can be placed in "Guest" mode, i.e. without registering, but in any case by compulsorily providing data (e.g. email address) necessary for taking charge of, preparing and shipping the order. Or in "Member" mode, after registering to a reserved area governed by the section "Registration" in the chapter REGISTRATION, CONTENT OF SIR SAFETY SYSTEM AND PROHIBITED USE contained herein.
The order is placed by confirmation of the order and is subject to payment of the price, taxes and shipping costs (where applicable) indicated in the order summary form. The Payment Receipt or Order Processing Receipt does not constitute acceptance of the order. The initialling and validity of the contract shall commence when the Order Confirmation is sent by the Holder to the email address provided by the User. The Holder reserves the right not to confirm an order by notifying the User within 20 days of purchase, to the email address associated with his purchase, of the possible unavailability of one or more of the products purchased. In this case the Owner will refund the price and the shipping costs incurred (where applicable) by the User.
Methods of Payment
The payment methods available at www.shopsirsafety.it are: Advance Bank Transfer, Paypal, Credit Card/Prepaid Card and Google Pay. SIR Shop uses third party payment processing tools and does not in any way come into contact with payment details - such as credit card details - provided. Therefore, in the event of payment by credit card, you will be connected to the PayPal page, which provides the relevant remote electronic payment services, without third parties being able to access them in any way. Financial information (e.g. credit/debit card number or expiry date) shall never pass through the SIR Shop website. In the event of payment by Paypal you will be redirected to the Paypal payment page. Any management costs of User payments that are not accepted will be charged to the User. If bank transfer is chosen as the method of payment, the order will be handled by Sir Safety System S.p.A. only after receiving confirmation of the bank's crediting.
Execution of the Order
The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Holder shall not be liable for damages suffered by the User due to delays in delivery that are not due to circumstances foreseeable by the parties at the time the Order Confirmation is sent.
The goods will be delivered by couriers such as DHL and GLS within 2-3 working days after the conclusion of the contract. Transport costs will be charged to SIR SHOP for orders exceeding Euro 150,00 excluding VAT. Deliveries are made during working hours and on weekdays to the address indicated by the user and according to the methods specified in the order summary. Ordered items are normally dispatched within 24 hours of receipt of payment. Delivery times vary depending on the destination, according to the following table of purely indicative value:
- Italy (excluding islands): 2 working days
- Italy (islands): 3 working days
- EU: 4 working days. Working days
At the time of delivery, the User shall check the contents of the package by specifying any anomalies in the delivery form and, if so, accept the package "with reservation". In the event of non-pick-up within the time limit set by the Courier, the products shall be returned to the Holder, who shall refund the price of the products, but not the shipping cost. The Holder cannot be held liable for delivery errors due to inaccuracies or incompleteness in the completion of the purchase order by the User nor for delays in shipment or any damage that may occur to the products after delivery to the carrier, where the latter has been chosen and instructed by the User. The Owner delivers to the following countries: European Union countries.
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos included are indicative and may not constitute an exact representation of the products. The Owner shall use its best endeavours to present the characteristics of the products in as much detail as possible on SIR Shop within each tab corresponding to the product viewed by the User. However, the images and colours of the products offered for sale on SIR Shop may differ from the real ones due to a number of factors including, without limitation, the User's terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.
RIGHT OF WITHDRAWAL AND GUARANTEE
Right of Withdrawal
In the event of the purchase of products or services on SIR Shop, the User has the right to withdraw from the contract without giving any reasons, within 14 days. The withdrawal period shall expire after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. In order to exercise the right of withdrawal, the User is required to inform the Controller of the decision to withdraw by means of an explicit declaration sent in the following manner: sending an email with the subject 'Willingness to Withdraw - User Name and Order No.' to email@example.com with the completed 'Exercise of the Right of Withdrawal' form attached. For this purpose, the form for "Exercise of the Right of Withdrawal" can be viewed online and/or downloaded in the User's personal area if "Member" or within the "Right of Withdrawal" section of this document.
If the Right of Withdrawal is exercised in accordance with the terms and procedures indicated, SIR Shop will refund any sums already received for the purchase of the products, net of shipping costs. Using the same means of payment used to place the order.
The User has the right to withdraw from the contract concluded with SIR Shop without any penalty and without specifying the reason, within 14 days from the day of receipt of the products purchased on www.sirsafetyshop.it. In order to make a full or partial return of the goods or to make a replacement (see for example replacement with a change of size reason) the User shall inform the Controller of the decision in the following manner: Fill in the "Return Form" which can be viewed online and/or downloaded in the User's personal area if a "Member" or in the "Return Policy" section of this document. Attach the completed form to the "Return and/or Exchange Request Form" in the User's personal area if a "Member". If the User has placed the order as a "Guest" do the following: send an email with the subject "Return and/or Replacement Request - User Name and Order No." to the email address firstname.lastname@example.org with the completed "Return Form" attached.
After filling in the online form, the SIR Shop customer service will take charge of the request and will contact the User, validating the request with an email and opening a Return and/or Exchange procedure. Shipping costs for the return or replacement of the goods shall be borne by the User. The Modalities of Return - in addition to compliance with the terms and conditions described above, will be deemed to have been correctly exercised if the following modalities are also fully complied with:
- The products must not have been used, worn, washed or damaged.
- The products must be returned in their original packaging
- The returned products must be sent to SIR Shop in a single shipment. SIR Shop in fact reserves the right not to accept items of the same order, returned and shipped at different times
- The Return Form must be correctly filled in and attached to the goods within 14 days of receipt of the products.
The User is requested to return the goods and deliver them to the Holder without undue delay and in any event within 14 days from the day on which he communicated his withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods shall be borne by the User. The User is only liable for the decrease in value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
If the Return and/or Replacement are exercised in accordance with the terms and conditions indicated, SIR Shop will issue a credit to the User within 14 days from receipt/verification of the returned goods by Sir Safety System S.p.A. logistics. SIR Shop will activate the refund procedures, once it has verified the correct execution of the terms and conditions indicated above. Should you fail to comply with the terms and conditions for the exercise of your right of withdrawal, as specified in the paragraph "Right of Withdrawal", you will not be entitled to a refund of the sums already paid to SIR Shop; however, you will be able to re-obtain, at your own expense, the products in the state in which they were returned to SIR Shop. Otherwise, SIR Shop may retain the products, in addition to the sums already paid for the purchase.
Effects of Withdrawal
If the User withdraws from this agreement, the User shall be refunded all payments he has made to the Controller, including shipping costs (if any, except for additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any event no later than 14 days from the day on which the Controller is informed of the User's decision to withdraw from this agreement. Such refunds shall be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User shall not incur any costs as a consequence of such a refund. Refunds may be suspended until receipt of the goods or until the User proves that he/she has returned the goods, whichever is earlier.
Limitations to the Right of Withdrawal
Returned products that are damaged or used in a manner other than and in addition to what is strictly necessary to establish their nature, characteristics and functioning shall be refunded after deduction of the decrease in value resulting from the damage or use. Reimbursement is excluded when the decrease in value is total.
The Right of Withdrawal is in any case excluded in relation to:
- Goods that are made to measure or clearly customised;
- The supply of goods that are liable to deteriorate or expire rapidly;
- The supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
Should any of the above exceptions apply to goods purchased by the User, the latter may not exercise the right of withdrawal.
Applicability of the Right of Withdrawal Clauses
The clauses concerning the exercise of the Right of Withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. the User acting for purposes outside his or her entrepreneurial and professional activity. However, the User who does not qualify as a consumer is entitled to exercise a contractual Right of Withdrawal unilaterally granted by the Controller under the same conditions as described above.
The User who purchases as a consumer has the right to a guarantee on the conformity of the products and services purchased within 12 months of purchase provided that notice is given within 2 months of their discovery. To exercise the right of guarantee, the User must contact the Controller at the contact information contained herein, giving an accurate description of the defect found. If the conformity defect of the product is ascertained, the User has the right to have the product repaired or replaced, at his/her choice.
The User also has the right to ask the Controller for an appropriate price reduction or termination of the contract in the following cases:
- If repair or replacement proves to be impossible or excessively expensive;
- If the Holder has not repaired or replaced the goods within a reasonable period, but not less than 15 days;
- If the replacement or repair previously carried out has caused considerable inconvenience to the User.
The User is in any case obliged to return defective products.
INDEMNITY AND LIMITATION OF LIABILITY
The User agrees to indemnify and hold harmless the Owner (as well as any subsidiaries or affiliates thereof, its representatives, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, which may arise from damages caused to other Users or third parties, in relation to the content uploaded online, violation of the terms of law or the terms of these terms of service.
Limitations of Liability
SIR Shop and all functionalities accessible through SIR Shop are made available to Users, subject to the terms and conditions set out in the Agreement, without any warranty, express or implied, that is not mandatory by law. In particular, no warranty is given as to the suitability of the services offered for the particular purposes intended by the User. The use of SIR Shop and the functionalities accessible through SIR is carried out by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, shall be liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively on the grounds of fraud or gross negligence when such damages are an immediate and direct consequence of the activity of SIR Shop.
Therefore, the Owner shall not be liable for:
- Any losses that are not a direct consequence of the breach of Contract by the Owner;
- Any loss of business opportunity and any other loss, including indirect loss, which may be suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.)
- Damages or losses resulting from interruptions or malfunctions of SIR Shop due to force majeure events or, in any event, to unforeseen and unforeseeable events and, in any event, events beyond the control of the Owner, such as, by way of example but not limited to, breakdowns or interruptions to telephone lines or electricity lines, the Internet network and/or other transmission instruments, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions to the supply of products, services or applications of third parties; and
- incorrect or unsuitable use of SIR Shop by Users or third parties.
In particular, the User acknowledges and accepts that, although the items sold by the Owner are certified, labelled and standardised in accordance with applicable European and national legislation, it is the User's sole responsibility to assess which items, devices, accessories or other products are suitable, appropriate, suitable or mandatory in his or her particular case.
Interruption of the Service
In order to guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users by means of constant updates in this regard on SIR Shop.
Resale of the Service
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of SIR Shop and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.
Intellectual Property Rights
All trademarks of the Application, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in connection with SIR are and shall remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties. All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos relating to third parties and the contents published by such third parties on SIR Shop are and shall remain the exclusive property of or at the disposal of such third parties and their licensors and shall be protected by the applicable trademark laws and relevant international treaties. The Owner does not own any such intellectual property rights and may use them only within the limits of and in accordance with the agreements entered into with such third parties and for the purposes set out herein.
Amendments to these Terms
The Owner reserves the right to make changes to the Terms at any time by giving notice to the User by posting it on SIR Shop. Any User who continues to use SIR after the amendments have been published shall accept the new Terms without reservation.
Assignment of contract
The Proprietor reserves the right to transfer, assign, dispose of by novation or subcontract all or any of its rights or obligations under the Terms, provided that the User's rights hereunder shall not be affected. The User may not assign or transfer its rights or obligations under the Terms in any way without the written consent of the Owner.
All communications relating to SIR Shop must be sent using the contact information indicated: SIR Shop Customer Service at the telephone number +39 075 804 37 37 (normal local call cost) or by email at email@example.com and WhatsApp at the mobile phone number +39.331.6284335 from Mon. to Fri. with the following times 8:30 - 12:30 | 14:30 - 17:30.
INEFFECTIVENESS AND PARTIAL NULLITY
Should any clause of the General Terms and Conditions of Sale prove to be null and void, invalid or ineffective, the said clause shall be deleted while the remaining clauses shall not be affected thereby and shall remain fully effective.
APPLICABLE LAW AND DISPUTE RESOLUTION
These General Terms and Conditions of Sale have been written and revised in the Italian language. Unless the User qualifies as a consumer, he/she acknowledges and accepts that any version of the same in any language other than Italian is to be considered a mere translation and that, therefore, in the event of discrepancies or contradictions, the Italian language text shall certainly prevail over the other versions.
Applicable Law and Jurisdiction
These General Terms and Conditions of Sale and all disputes relating to the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive competence of the court of the place where the Holder has its registered office. An exception is made for the exclusive jurisdiction of the consumer, if the law so provides.
Resolution of Disputes
The consumer resident in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Holder. The platform is available at the following link. The Holder is available to answer any queries sent by email to the email address published in this document.
MODIFICATION & UPDATE
General Terms and Conditions may be subject to change and updating as a result of regulatory changes. The new General Terms & Conditions of Sale will be effective from the date of publication on www.sirsafetyshop.it.