TERMS AND CONDITIONS OF SALES

 

INTRODUCTION
These terms and conditions for online sales apply to all purchase orders placed on the website www.sebastianomigliore.com.

The goods purchased on the website are sold by Atelier Migliore s.r.l. with registered offices in Via Cascinare 2679, Sant’Elpidio a Mare (FM) 63811, Italy -  Partita IVA (VAT number) IT02220000448       

 

DEFINITIONS
The following definitions are used hereinafter:

The Customer: the person or entity purchasing the goods

Atelier Migliore srl: l’Atelier Migliore s.r.l., with registered offices in Via Cascinare 2679, Sant’Elpidio a Mare (FM) 63811, Italy. Partita IVA (VAT number) IT02220000448         

The Company: Atelier Migliore srl

Goods: the products sold by Atelier Migliore srl

Party: either the customer or Atelier Migliore srl

Parties: both the customer and Atelier Migliore srl

 

KNOWLEDGE OF THE TERMS AND CONDITIONS OF SALE

The customer is deemed to understand the terms and conditions of sale at the moment of purchase. Each order implies implicit acceptance of these terms. 

Atelier Migliore srl reserves the right to amend these terms and conditions at any moment and will inform its clientele of these changes through the appropriate channels of communication.

 

SUBJECT

The offer and sale of the goods on the website located at  www.sebastianomigliore.com imply the enactment of a contract governed by article 50 and subsequent articles of Law Decree 6 September 2005 n. 206 (Italian Consumer Code) and Law Decree 9 April 2003 n. 70 (law related to e-commerce).

 

ORDER ACCEPTANCE AND CONCLUSION OF THE CONTRACT OF SALE

By submitting a purchase order, the customer declares an understanding and acceptance of the herein terms of conditions of sale and the other information contained on the website. The contract is considered concluded, and binding for both parties, only at the moment that confirmation of order receipt is sent to the customer at the email address given at the moment of purchase.

 

SALES PRODUCTS AND PRICES

The sales prices of goods on the website www.sebastianomigliore.com are inclusive of I.V.A. and any other taxes. They constitute the offer to the public in accordance with civil code article 1336. It is understood that the image of the goods may not be a perfect representation, and may differ in color, size, and accessories.

 

PAYMENT METHOD

At the moment of purchase, the Customer can decide whether to pay by credit card or PayPal. In both cases, the customer will be directed to a payment platform where they can make the payment in a secure manner. Information inserted on the website in order to make a payment is managed by the PayPal platform. Atelier Migliore srl does not collect any data relating to the credit card used or the payment method access pin codes. This information is collected directly by the PayPal payment system.

 

USE OF PERSONAL DATA

Customer personal data is collected in order to carry out the contract of purchase and delivery of the received order. This data is handled electronically in accordance with current regulation and can only be exhibited on the request of a judicial authority or any other authority authorized by law. The data will be communicated to third parties only to the extent necessary to carry out the stipulated contract and disclosed exclusively with that aim. This use, including electronically, will be in accordance with article 11 of Decree Law 30 June 2003 n. 196, providing legal guarantee to the Customer and protecting their rights, fundamental freedoms, and dignity, with particular reference to privacy and personal identity. This use will be for a period no longer than that strictly necessary to fulfill the above-described purposes. Personal data will be deleted on receipt of written communication to Atelier Migliore srl. Owner and person in charge of collection and handling of personal data is Atelier Migliore s.r.l., Via Cascinare 2679, Sant’Elpidio a Mare (FM) 63811, Italy - Partita IVA (VAT number) IT02220000448.

 

FISCAL RECEIPT AND INVOICE

Purchased goods will not be accompanied by a purchase receipt. The invoice will be received by email.

 

DELIVERY

Purchase of the Anacronistica collection is currently only available by pre-order. This company policy is based on Sebastiano Migliore wishing to respect the environment.

The fashion industry all around the world disposes of an inconceivable amount of material. We don’t want to be a part of this system. 

So we ask our customers to accept our new company policy and join us in respecting the environment.

Shoes purchased are made specifically for the individual customer and sent to their address within 60 days of the date of order and purchase.

 

DELIVERY COSTS

Delivery is free in Italy.

Delivery in Europe: Euros 10.00

Delivery to countries outside Europe, rest of the world: Euros 30.00

 

RETURNS AND EXCHANGE OF GOODS

Given the exclusive nature of the goods at Atelier Migliore srl, the Customer only has the right of return and replacement in the case of a smaller and/or larger size. The Customer agrees to wait a further 60 days to receive the right goods.

We advise consulting the shoe size tables on the website before making a purchase.

In this event, the Customer must send an email to info@sebastianomigliore.com within 14 days of the delivery date of the goods purchased, stating their personal information, order number and product description. On receipt of the returned item, Atelier Migliore srl will proceed with the replacement and deliver the product according to the timings and methods stated above.

 

CLAIMS

Any claim must be put in writing by sending an email to  info@sebastianomigliore.com or by post to Atelier Migliore s.r.l., Via Cascinare 2679, Sant’Elpidio a Mare (FM) 63811, Italy.

 

APPLICABLE LAW AND COMPETENT COURT

The contract between Atelier Migliore srl and the Customer is regulated by Italian law. Any dispute arising regarding this contract will fall under the jurisdiction of the Court of Fermo.

 

PRIVACY POLICY

To receive information on the handling of your personal data, the purposes and third parties with whom the data is disclosed, please contact the Company.

COMPANY HANDLING PERSONAL DATA

Atelier Migliore s.r.l.

Via Cascinare 2679 

Sant’Elpidio a Mare (FM) 63811

Italy

P. IVA (VAT number) IT02220000448      

 

TYPES OF PERSONAL DATA COLLECTED

The Company doesn’t provide a list of the types of personal data collected.

Full details of the data collected is given in the relevant sections of this privacy policy and in specific written instructions seen before its collection.

Personal data is provided by the Customer or, in the case of usage data, collected automatically during its use.

Unless otherwise stated, all data requested by this website is mandatory. If the Customer refuses to communicate the necessary data, it may not be possible to provide the service. Customers with concerns about which data is mandatory are encouraged to contact the owner.
The use of cookies - or any other tracking tools - by this website or by third party service providers used by this website, where not otherwise specified, is for the purpose of providing the service requested by the Customer, as well as the purposes described in this document and the cookie Policy.

The Customer is responsible for personal data of third parties obtained, published or shared through this website and has the right to communicate or share it, freeing the Company of any responsibility towards third-parties.

 

METHOD AND LOCATION OF THE HANDLING OF PERSONAL DATA COLLECTED

Handling

The Company adopts appropriate security measures to prevent unauthorized access, disclosure, change or destruction of personal data.

Handling of personal data is managed through software and/or online tools, with methods of organization and logic strictly related to the specified purposes. In addition to the Company, other individuals could in some cases have access to the data. These could be individuals involved in the organization of this application (system administrators and administration, sales, marketing, and legal staff) or external individuals (such as third-party providers of technical services, delivery companies, hosting providers, IT and communication companies) also nominated, if required, responsible for data handling by the Company. An updated list of those Responsible can be requested at any time from the Company.

 

Legal basis behind using personal data

The Company handles the Customer’s personal data based on one of the following conditions:

  • the Customer has agreed to one or more specific purposes; note: in some legal cases the Customer could be authorized to use the personal data without the agreement of the Customer or any of the legal bases specified below, until the Customer opposes (“opt-out”) that use. However, this does not apply when the handling of personal data is regulated by European legislation on the protection of personal data;

  • handling of data is necessary in order to carry out a contract with the Customer and/or carry out pre-contractual measures;

  • handling of data is necessary in order to meet a legal requirement of the Company;

  • handling of data is necessary in order to perform a task assigned to the Company based on public interest or the exercise of public authority;

  • handling of data is necessary for the pursuit of legitimate interest on the part of the Company or third parties.

 

It is always possible to ask the Company to clarify the concrete legal basis of any use and, in particular, to specify if the use is based on law, present in a contract, or is necessary to carry out a contract.

 

Location

Handling of personal data will take place in the offices of the Company and the locations of any other party involved in its handling. For further information, please contact the Company.

The Customer’s personal data could be transmitted to a country other than that in which the Customer is located. To obtain further information on the location of handling of data, the Customer can refer to the section related to the details on how it is handled.

The Customer has the right to obtain information with regard to the legal basis of the transfer of personal data outside the European Union or to an international organization of public international law or to an organization consisting of two or more countries, for example the United Nations, and also with regard to the safety measures put in place by the Company to protect personal data.
The Customer can check whether any such transfer mentioned above takes place by examining the section of this document related to the details of the handling of personal data and can ask the Company for information, contacting them at the previously mentioned address.

 

Conservation Period

Personal data is retained and handling for the time required for the purposes for which it has been collected.

Hence:

  • Personal data collected for reasons related to carrying out a contract between the Company and the Customer will be retained until that contract has been completed.

  • Personal data collected by the Company for a legitimate need will be retained until that need has been satisfied. The Customer can obtain further information with regard to the legitimate need of the Company in the related sections of this document by contacting the Company.

When handling is based on the Customer's consent, the Company can retain the personal data for a longer period, until this consent is withdrawn. The Company may also be obliged to retain personal data for a longer period if required by a legal obligation or if so ordered by an authority.

Personal data will be deleted at the end of the conservation period. Hence, at the end of this period, the right to access, deletion and modification, and the right to   transfer of the data can no longer be exercised.

 

CUSTOMER RIGHTS 

The Customer can exercise specific rights regarding data handled by the Company.

In particular, the Customer has the right to:

  • withdraw consent at any moment. The Customer can withdraw previously expressed consent to the handling of their personal data.

  • no consent to the handling of their data. The Customer can express their non-consenting to the handling of their data when it is on a legal basis different to that of the consent. Further details on the right to non-consenting are provided in the section below.

  • access their data. The Customer has the right to obtain information about their data handled by the Company, about specific aspects of this handling and to receive a copy of the data in question.

  • check and request any corrections. The Customer can check the accuracy of their data and request any update or correction.

  • obtain restrictions on the handling of data. Under certain conditions, the Customer can request restrictions on the handling of their data. In such a case, the Company will not use the data for any reason other than that of retention.

  • obtain the deletion or removal of their personal data. Under certain conditions, the Customer can request that the Company deletes their data.

  • receive their data or have them transferred to another Company. The Customer has the right to receive their data in a structured format, in a commonly used form, legible on an automated device, where technically possible, to obtain the transfer to another company without obstruction. This arrangement is applicable when the data is handled by automatic tools and its handling is based on the consent of the Customer, on a contract that the Customer is a party to or on related contractual measures.

  • make a complaint. The Customer can make a complaint to the regulatory authority on the protection of personal data and take legal action.

 

Right to object

When personal data is used in the public interest, when requested of the Company by the authorities, or to pursue the legitimate interests of the Company, the Customer has the right to object to the use of their personal data based on reasons related to their specific situation.

The Customer can object to their data being used for the purpose of direct marketing without providing any reason. To find out whether the Company uses data for the purposes of direct marketing, the users can refer to the related sections of this document.

How customers can exercise their rights

Customers can exercise their rights by sending the Company a request using the contact information in this document. There are no costs related to such requests. The Company will deal with them as quickly as possible, within a month at the latest.

 

FURTHER INFORMATION ON DATA HANDLING

Legal defense

The Customer’s personal data can be used as part of a legal defense by the Company related to the Customer taking action against abuses of use of this application or related services. The Customer accepts that the Company could be obliged to disclose the data if so ordered by the authorities.

Specific information

In addition to the information contained in this privacy policy, the Customer can ask to receive additional information about specific services or the collection and handling of personal data by this application.

System logs and maintenance

For reasons related to functioning and maintenance, this application and external services used by it could collect system logs, being files that record communications and that can include personal data such as the user’s IP address.

Information not contained in this policy

Further information relating to the handling of personal data can be requested at any time from the Company using the aforementioned contact information.

​“Do Not Track” requests

This application does not allow for “Do Not Track” requests.

To find out whether third-party services utilized allow it, the Customer is invited to consult the related privacy policies. 

Changes to this privacy policy

The Company reserves the right to make changes to this privacy policy at any moment, notifying the Customers on this page and, if possible, on this application, as well as, when technically and legally possible, sending the Customers a notification via one of the contact details in their possession. Frequently checking this page, referring to the date of the latest change at the bottom, is recommended.

In the event of changes relating to data handling, where the legal basis is consent, the Company will, if necessary, ask again for the Customer’s consent.