General Agreement Conditions

1) General information – The offer and sale of saracmilano products offered on the saracmilano e-commerce sites are supplied by C.FT. Crespi FiliTessuti S.r.l., with registered offices in Viale Liguria, 9 – 21052 Busto Arsizio (VA - Italy), with headquarters in via N. Sauro 98/100 – 20025 Legnano (MI – Italy) tax code and VAT number 02109360129 entered in the Register of Companies of Varese - The e-mail address is info@saracmilano.it;  the fax number is +0039 0331 599655

2) Users and Orders – Only end consumers can use the saracmilano.it e-commerce site, i.e. adult individuals who purchase for personal use and not in relation to the commercial, entrepreneurial and/or artisan activity that may be carried out; in other words “consumers” as defined by Italian law. Orders shall be processed only if the delivery required is within the territory that corresponds to the price list used to place the order. C.FT. Crespi FiliTessutii s.r.l. has the right not to process orders that do not fulfil the above mentioned characteristics.

It is also understood that C.FT. Crespi FiliTessutii s.r.l. is entitled not to process an order and/or to consider it invalid when the correctness of delivery and invoice details cannot be checked or if the order is made for resale purposes; in any case, C.FT. Crespi FiliTessutii s.r.l. reserves the right to terminate the agreement by means of a simple communication via e-mail.

3) Prices and Products – There are specific purchase prices for each country in which the order is placed; the prices include VAT, where applicable, but are net of any customs duties that may be applied in the single countries. C.FT. Crespi FiliTessutii s.r.l. has the right to apply special offers to one or more products on the site; this will change the price. The essential characteristics of the products and the prices are shown in the product sheet on the site which the user must access before placing the order. Product images may not correspond 100% to the real ones. Sales are in fact made on a “sample type" basis according to art. 1522/2nd paragraph of the Italian Civil Code; therefore any differences which are not considered important in commercial terms or small differences concerning quality, colour or cut shall not form grounds for a claim. The Customer hereby releases C.FT. Crespi FiliTessutii s.r.l., from any liability for the natural change in the colour of leather products.

4) Delivery – Transport costs shall be paid by the customer and shall be specified beforehand when the order is placed. The consumer may specify a delivery address different from the invoice and/or order address as long as the goods are delivered in the same nation in which the order is placed; in all cases there must always be someone available to collect the package at the delivery address provided. C.FT. Crespi FiliTessutii s.r.l. shall process the order within 14 days following receipt of payment confirmation; C.FT. Crespi FiliTessutii s.r.l. however has the right to accept and/or refuse the order within the same term. If due to production reasons, such as interruption of production for holidays, the term of the execution of the order is extended, this shall be specifically stated in advance on the website; in any case the product delivery time shall not be more than 30 days from the execution of the agreement.. The working days necessary for delivery depend on the carrier selected. Only upon the customer’s express written request, C.FT. Crespi FiliTessutii s.r.l., shall send an e-mail with all the information necessary to track the order once it has been sent. C.FT. Crespi FiliTessutii s.r.l. shall not in any case be liable for the delayed delivery or failure to deliver the package if the collection procedures described above are not respected or if the client provides incorrect instructions. If the items ordered are delivered 14 days after order confirmation, the user may contact C.FT. Crespi FiliTessutii s.r.l. customer services directly which will then check the status of the delivery with the shipping company.

5) Placing an order – To enter into the purchase agreement, the user must complete the order procedure on the site in its entirety and confirm the payment of the order on the site of the selected payment body,

6) Procedures to place the orders and information – Before placing the order, the user must access the “Online Purchases Main Section” which contains all the information for the regular online purchase of goods including VAT and any other information related to the General Agreement Conditions, right of withdrawal-return, privacy and general conditions of use. To enter into the purchase agreement, the order procedure and payment must be completed following the instructions on the site. If a typing error is made or similar, and the order is not as required in terms of characteristics, quantity and/or prices, the user must not complete the procedure underway, if the user completes the procedure, the entire order must be paid. C.FT. Crespi FiliTessuti S.r.l. shall not in fact be liable for orders sent “by mistake” and/or in any case for unwanted orders and shall execute them requiring the agreed payment.

7) Order confirmation – The order confirmation shall be sent to the user by e-mail within and no later than 10 working days from receipt of the complete order; the confirmation shall contain all the details of the actual order.

8) Entering into the agreement: the agreement is entered into when the user receives the order confirmation from C.FT. Crespi FiliTessuti S.r.l. by e-mail, upon condition that C.FT. Crespi FiliTessuti S.r.l. has received payment confirmation from the body selected as well as confirmation of the correctness of the data entered by the user. C.FT. Crespi FiliTessuti S.r.l. has the right to refuse the order and inform the customer within 10 working days from receipt if the data is incorrect or if the credit card code given to the payment body selected is invalid and/or incorrect.

9) Unavailability of products – If the products on the C.FT. Crespi FiliTessuti S.r.l. e-commerce site are no longer available in the warehouse, C.FT. Crespi FiliTessuti S.r.l. shall inform the customer within 10 working days from receipt of order. If the product has already been paid, C.FT. Crespi FiliTessuti S.r.l. shall refund the amount paid within 14 days from the information of unavailability to the user; the consumer shall not be entitled to damage compensation, indemnity and/or similar.

10) Legal guarantee – The products sold on the C.FT. Crespi FiliTessuti S.r.l. e-commerce site are covered by the guarantee established by Italian law. By way of example, the guarantee does not cover damage caused by misuse, accidents, water, solvents, wear and damage caused by the carriers. The guarantee does not cover damage caused by the loss of the content of the bag, loss caused by failure to use the product or any other damage the user of the good may suffer following non-compliance. The guarantee is granted in the way and within the terms, including the expiry terms, foreseen by art.128 and following articles of the Consumer Code (Legislative Decree no. 206 dated 06.09.2005). In particular, C.FT. Crespi FiliTessuti S.r.l. is liable to the consumer for any non-conformity of the goods upon delivery. In accordance with the decree mentioned above, C.FT. Crespi FiliTessuti S.r.l. is liable when the non-compliance becomes evident within two years from the delivery of the goods; the consumer rights will lapse if no complaint to C.FT. Crespi FiliTessuti S.r.l. the lack of conformity within a period of two years from the date of purchase.

11) Payments- The only and exclusive payment accepted for online purchases made on the C.FT. Crespi FiliTessuti S.r.l.  site is via Visa- Visa Electron - Moneta – Mastercard Maestro credit cards using the Bankpass – paypal system. The payment of the orders is not made using C.FT. Crespi FiliTessuti S.r.l.’s systems but the Bankpass and paypal servers; therefore, C.FT. Crespi FiliTessuti S.r.l. is not in any way the owner or responsible for the processing of bank data or data of the credit card with which the payment is made.

12) Refund – If the buyer is not satisfied with the purchase, s/he it has the right to withdraw from the agreement with C.FT. Crespi FiliTessuti S.r.l. within and no later than 14 working days from the delivery of the goods without any penalty ad/or justification, at the following essential conditions:

a) the product has not been used and is not damaged in any way;

b) the product, the relevant identification tag and the original packaging are intact.

The right of withdrawal can only be exercised by the buyer and cannot be exercised by any other party not even by the receiver of the product as a gift. To exercise the right of withdrawal, the buyer must send a letter, within 14 days from receipt of the goods, via by e-mail to the above mentioned addresses, expressly stating the intent to return the goods ordered, without specifying any specific reason. For this purpose we hereby attach a copy of the withdrawal notice, it being understood that if the withdrawal involves the return of goods, the customer must follow the procedure described below to return the goods. If a number of items are purchased, the right of withdrawal may be exercised even for just one item. In case of correct and legitimate exercise of the right of withdrawal, C.FT. Crespi FiliTessuti S.r.l. shall return to the buyer the amount already paid by the latter for the said products for which the right of withdrawal is exercised, with the exception of transport/shipping costs, including those for the return of the products themselves, which shall be paid by the buyer. The said amount shall be refunded by C.FT. Crespi FiliTessuti S.r.l. within 14 days of receipt of notice of withdrawal or, if the goods have already been delivered by C.FT. Crespi FiliTessuti S.r.l. to the forwarding agent for delivery to the customer, within 14 days from the date of receipt by C.FT. Crespi FiliTessuti S.r.l. of the said products returned by the customer and provided that such products are intact, except in cases of delay not attributable to C.FT. Crespi FiliTessuti S.r.l. To exercise the right of withdrawal, the buyer to which the goods have already been sent, must follow the instructions foreseen for returns in order to return the purchased goods to C.FT. Crespi FiliTessuti S.r.l.; the goods must be exclusively and directly returned to the headquarters of C.FT. Crespi FiliTessuti S.r.l. (via N. Sauro 98/100 – 20025 Legnano (MI – Italy) mentioned above, within 15 days from receipt of the authorisation to return the goods following the exercise of the right of withdrawal. The goods must therefore be returned following the returns procedure which is also available in the “Online Purchases Main Section” under the Returns section.

13) Returns – Returns shall only be accepted if previously authorised by C.FT. Crespi FiliTessuti S.r.l.. The intention to return goods must be communicated to C.FT. Crespi FiliTessuti S.r.l. by e-mail to info@saracmilano.it, using the withdrawal notice form at the end of this document, specifying the following: product and/or products to be returned, number and date of invoice issued upon delivery of the product and reason for the return. After having checked the above mentioned information, C.FT. Crespi FiliTessuti S.r.l. shall send an e-mail authorising the return if the conditions are fulfilled. It is understood that the products can only and exclusively be returned by the buyer and must be delivered to the headquarters of C.FT. Crespi FiliTessuti S.r.l., via N. Sauro 98/100 – 20025 Legnano (MI – Italy). The goods must be packaged using the original box to avoid deterioration during transport; packaging costs shall be borne by the buyer. If the original packaging cannot be reused, a similar box in terms of size and strength may be used. Items returned without following the procedure described shall not be accepted. Transport costs for return of goods ,not even following a withdrawal, shall be borne by the buyer. The user may choose the courier for the return and in any case at its own arrangement and expense, however, we suggest using a courier or postal service with a tracking system or advice of receipt. Upon delivery of the goods at the headquarters office of C.FT. Crespi FiliTessuti S.r.l., the latter shall check the legitimacy of the return and after having checked the correctness of the operation, it shall send a confirmation e-mail to the user. In this case, the amount paid for the purchase shall be refunded through the system used to make the payment; transport and management charges shall not be refunded. The amount is usually credited within 14 days from receipt of the confirmation e-mail mentioned above, with the exception of delays not attributable to C.FT. Crespi FiliTessuti S.r.l.

14) Applicable law and competent court – Purchases made on the e-commerce site are governed by Italian law and by the contractual conditions indicated on the site at the moment in which the order is placed. Any dispute that may arise concerning the conclusion, interpretation and execution of a sale made on C.FT. Crespi FiliTessuti S.r.l.’s e-commerce sites shall be referred to the Italian judicial authorities.

15) Privacy – Legislative Decree no. 196 dated 30 June 2003 “Personal data protection code” hereinafter also referred to as Privacy Law, has the purpose of safeguarding the rights of individuals to privacy with regard to the processing of personal data. In compliance with art. 13 of the aforementioned Legislative Decree, C.FT. Crespi FiliTessuti S.r.l., with registered office in Viale liguria 9, Busto Arsizio, (VA), Italy informs its customers that any personal data and information provided shall be processed in compliance with the legislation in force. In particular, we also inform our customers of following.

A) Personal data provided during an online purchase shall be processed for the following purposes:

- To fulfil the obligations deriving from an agreement with the customer or to satisfy the customer’s requests before executing the agreement;
- To fulfil legal obligations and community regulations and legislation;

B) Data shall be processed according to the principles of necessity and pertinence; personal data shall be processed also using computerised instruments, adopting the methods and within the limits necessary to achieve the above mentioned purposes.

C) Data must be supplied in order to access the services supplied by C.FT. Crespi FiliTessuti S.r.l. , and to fulfil contractual, accounting and tax obligations; failure to provide data shall make it impossible for our company to fulfil contractual obligations.

D) Data processed for the purposes described in point 1) may be disclosed to the processing managers and people involved in the processing (company employees, administration office, sales office, external collaborators, representatives, etc.) and also to the people involved for technical and operational reasons strictly related to the achievement of the above mentioned purposes. In any case C.FT. Crespi FiliTessuti S.r.l. ensures that it shall adopt suitable preventive safety measures to safeguard the confidentiality and integrity of data; access to data shall only be granted to third parties appointed by the company and subjects expressly authorised that can guarantee a precise and adequate control in order to avoid any illegitimate and/or illicit use by unauthorised third parties.

E) Data collected for the purposes described in point 1) may be transferred to European Union member states and third countries 6) According to Art. 7 of Legislative Decree 196/2003, the data subject has specific rights which include: confirmation as to whether or not data relating to them is being held by the company even if not yet recorded, communication to him/her in an intelligible form of the data undergoing processing, any available information as to its source and information at least as to the purposes and method of the processing, identification details of the data controller and of the recipients or categories of recipients to whom the data may be disclosed. The data subject also has the right to obtain:

- updating, rectification, and when appropriate the integration of the data;
- erasure, transformation in anonymous form or blocking of data where the processing of which does not comply with the law in force;
- notification to the subjects to whom the data has been disclosed of the operations carried out as described in points a) and b), unless this proves impossible or involves a disproportionate effort. The data subject has the right to object, in full or in part, on legitimate grounds, to the processing of data relating to him/her, even if related to the purpose for which it is collected, and to object to the use of the said data for promotional and advertising purposes. The data controller is C.FT. Crespi FiliTessuti S.r.l., represented by the temporary legal representative, with registered office in Viale liguria 9, Busto Arsizio, (VA), Italy.

Find us at  MN1  N°1, Via Montenapoleone - Milan, Italy