Terms and Conditions

1. SUBJECT OF THE CONTRACT

1.1. These General Sales Online Conditions ( "GSC") regulate the sales contract (hereinafter referred to as "CONTRACT") of clothing and accessories marked by Jail Jam brand (hereinafter referred to as "PRODUCTS") offered by Mirage s.r.l. - P.IVA 00659531206 | Via Degli Speziali 161- blocco 32 Centergross 40050 - Funo di Argelato (Bologna) (di seguito "Jail Jam") – via the website www.jailjam.it (hereinafter referred to as "WEBSITE") to WEBSITE users (hereinafter referred to as "CUSTOMER" or "CUSTOMERS").

1.2. In these GSC the terms CUSTOMER or CUSTOMERS mean the "customer" or the "customers" under the provisions of Article 3, co. 1, lett. a), del D.Lgs. 6 settembre 2005, n. 206 (hereinafter referred to as "CODE"), namely the "natural person who acting for purposes outside his business or professional activity".

2. EFFECTIVENESS AND MODIFY OF GSC

2.1. GSC is available on the WEBSITE to be easily read by the CUSTOMER before registration and prior to the purchase; this GSC is regarded as agreed together with the registration and the purchase order entry, and it can be saved on CUSTOMER computer and/or printed.

2.2. Applicable GSC to the purchase will be those in force at purchase time/date. For this reason, the CUSTOMER, will have to read GSC each time it decided to buy a new item on the WEBSITE.

2.3. Tolerance or uncontested claim by Jail Jam for any non-compliance behaviour by the CUSTOMER, compared to GSC, cannot be interpreted as tacit acceptance of such defaults.

3. REGISTRATION PROCESS AND PURCHASE PROCEDURE

3.1. The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this will through the registration of its data and a request made directly on the WEBSITE where, following the purchase procedure indicated therein, it will forward the electronic order of its electronic order purchase (hereinafter "ORDER") and the related payment.

3.2. The order form contains a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes and fees), the terms of payment, shipping methods for the products purchased, shipping costs and delivery: before sending the ORDER, the CUSTOMER must carefully read the entire contents, identify and correct any data entry errors.

3.3. All the purchase orders of the PRODUCTS are subject to their availability and, therefore, to the confirmation of Jail Jam, which will communicate this availability by sending an e-mail with the SHIPPING CONFIRMATION to the CUSTOMER.

3.4. In case of failure to execute the ORDER, due to unavailability of one of the PRODUCTS ordered, Jail Jam will inform the CUSTOMER via e-mail and request confirmation of the CUSTOMER'S ORDER, for the purchase of the remaining available PRODUCTS. In any case, the unavailability of one or more of the ordered PRODUCTS it will not automatically give the CUSTOMER the right to cancel the totality of the ORDER.

3.5. The CONTRACT between the CUSTOMER and Jail Jam is governed by the ORDER, the SHIPMENT CONFIRMATION, the GSC and the Privacy Policy (hereinafter "PRIVACY") both published on the WEBSITE.

4. JAIL JAM’S RIGHTS AND OBLIGATIONS

4.1. Jail Jam undertakes to deliver the PRODUCTS to the address and in the terms, indicated by the CUSTOMER in the ORDER. Jail Jam will not be liable for delivery errors due to inaccuracies or incompleteness in completing the ORDER or due to unavailability of the CUSTOMER. Delivery is made by express courier; therefore, mailboxes cannot be accepted.

4.2. In the event of the total or partial return of the PRODUCTS by virtue of the right of withdrawal or the guarantee due by law, Jail Jam, in accordance with the provisions of articles 10 and 11 below, will only reimburse the sums due.

5. CUSTOMER RIGHTS AND OBLIGATIONS

5.1. The CUSTOMER is solely responsible for the truthfulness of the data and for the correctness of the information provided to Jail Jam during registration through the WEBSITE and undertakes to promptly communicate any changes to the data entered.

5.2. The CUSTOMER, when registering and sending the ORDER, declares to have read, understood and accepted the GSC and the additional information contained on the WEBSITE including the PRIVACY; to be an adult, with the legal capacity to act.

5.3. The CUSTOMER undertakes, once the purchase procedure on the WEBSITE is completed, to provide for both the saving of an electronic copy and the printing of the ORDER and of the GSC for the purpose of their preservation, as indicated in the previous article 2.1.

6. USE OF THE WEBSITE

6.1. The essential characteristics of the PRODUCTS are presented on the WEBSITE within each product page. The images and colors of the PRODUCTS offered for sale on the WEBSITE may not perfectly correspond to the real ones due to the Internet browser and the monitor used when connecting to the WEBSITE.

6.2. Jail Jam assumes no responsibility for problems caused to the CUSTOMER by the use of the WEBSITE and the technologies used as they do not depend on its own will, such as, for example: a) errors, delays or inability to access the WEBSITE by the CUSTOMER on the occasion of the execution of the sales procedure; b) errors, delays or impossibility in the receipt, by the CUSTOMER, of communications made by Jail Jam in relation to the sale of the PRODUCTS.

6.3. In any case, Jail Jam undertakes, as far as possible, to resolve the problems that may occur and offer the necessary assistance to the CUSTOMER to obtain a rapid and satisfactory solution to the aforementioned problems.

7. PRICE AND PAYMENT

7.1. The PRODUCTS’s prices are those actually displayed on the WEBSITE at the moment of ordering and, unless otherwise specified, are inclusive of VAT. The shipping and delivery cost must be added to the advertised prices on the WEBSITE, for each of the PRODUCTS, which will be duly highlighted and summarized before the ORDER is issued and subsequently also in the ORDER CONFIRMATION.

7.2. The total price for the purchase of the PRODUCTS and the shipping costs, as indicated in the ORDER, will be charged to the CUSTOMER at the time of payment.

8. DELIVERY OF PRODUCTS TO CUSTOMER

8.1. At the time of the PRODUCTS delivery to the CUSTOMER by the express courier assigned to transport them, the CUSTOMER must check: a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even in closures.

8.2. Any anomalies must be immediately reported to the express courier upon receipt of the PRODUCTS, by indicating them on the delivery note. The CUSTOMER, in order to facilitate and speed up Jail Jam's procedure for checking for anomalies, can write an e-mail to the address customercare@jailjam.it.

9. WITHDRAWAL RIGHT

9.1. The CUSTOMER has the right to withdraw from the contract concluded with Jail Jam, without any penalty and without specifying the reason, within 14 days from the day of receipt of the PRODUCTS purchased on the WEBSITE, provided that the products to be returned are intact, never worn, complete with their own packaging, tags and original labels as better regulated in the following point 10.4

9.2. In case of exercising the right of withdrawal, even partial, the return of the PRODUCTS must be made in a single shipment.

9.3. If the CUSTOMER intends to exercise the right of withdrawal referred to in this article, it must: - send an e-mail to the address customercare@jailjam.it, attaching the SHIPMENT CONFIRMATION sent by Jail Jam and specifying in the text of the mail the numeric code of the item or items to be returned (hereinafter "RETURNS") and the reason for the return "for free withdrawal"; contact the express courier according to the terms indicated by Mirage Srl and send, within the following 14 days from the e-mail communication of the withdrawal, the products to be returned c / o Address to which to send the returns: Mirage s.r.l. - VAT No. 00659531206 | Via Degli Speziali 161- block 32 Centergross 40050 - Funo di Argelato (Bologna).

9.4. All the PRODUCTS are provided with identification tags, internal labels and their own packaging. Jail Jam, in case the CUSTOMER exercise the right of withdrawal, has the faculty not to accept the return of the PRODUCTS which are not provided with the relative tags, internal labels and which have been used, worn, washed, damaged or altered in their essential and qualitative characteristics.

9.5. If the right of withdrawal is exercised following the procedures and terms described in this article, Jail Jam will send the CUSTOMER, via e-mail, the relative confirmation of acceptance of the RETURNS PRODUCTS as soon as possible and will reimburse, through banking procedure, the expenses incurred by the CUSTOMER for the purchase of such products and for any shipping and delivery costs.

9.6. In any case, the cash on delivery method is prohibited.

10. RETURN FOR DEFECTS OR NON-COMPLIANCE OF THE PRODUCTS

10.1. Jail Jam will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of conformity to the conditions and in the terms of prescription and forfeiture provided for by the law. In particular, the rights deriving from this guarantee can be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in respect of the intended use and of what is provided for in the enclosed indications, as well as upon presentation by the CUSTOMER of the delivery note received with the same and indication of the order number.

10.2. In the case of defective PRODUCTS or PRODUCTS that differ from those ordered (hereinafter "DEFECTIVE PRODUCTS"), the CUSTOMER must send an e-mail to Jail Jam, at customercare@jailjam.it, attaching the SHIPMENT CONFIRMATION sent by Jail Jam and specifying in the e-mail text the numeric code of the item or items to be returned and the reason for the return for "DEFECTIVE PRODUCTS".

10.3. Jail Jam will send instructions via e-mail to contact the express courier. The CUSTOMER must book the withdrawal, following the instructions provided, no later than 14 days from the communication, via e-mail, to contact the express courier; from the time of delivery of the DEFECTIVE PRODUCTS to the express courier, Jail Jam exempts the CUSTOMER from any responsibility in case of loss or damage to the products themselves during transport.

10.4. All the PRODUCTS are provided with identification tags, internal labels and their own packaging. Jail Jam, in case of exercise of the right of withdrawal of the CUSTOMER, has the faculty not to accept the RETURNED PRODUCTS if they are not supplied with the related tags, internal labels and that have been used in a non-diligent, damaged or altered way in their essential and qualitative characteristics.

10.5. If the complaint of defects in the PRODUCTS is carried out following the methods and terms described in this article, Jail Jam will send the CUSTOMER, via e-mail, the relative confirmation of acceptance of the RETURNS PRODUCTS as soon as possible.

10.6. As soon as Jail Jam receives the parcel containing the DEFECTIVE PRODUCTS, it will check the disputed defects and send to the CUSTOMER, via e-mail, the relative confirmation of receipt of the DEFECTIVE PRODUCTS and the possible confirmation of the defects communicated with e-mail notification; consequently, Jail Jam will, at its own expense, replace the DEFECTIVE PRODUCTS with others of the same model or refund the costs incurred by the CUSTOMER for the purchase and, if any, for shipping and delivery of DEFECTIVE PRODUCTS. Return fees will be paid by Jail Jam.

11. PROTECTION OF PERSONAL DATA

11.1. Jail Jam guarantees to the CUSTOMER that the personal data acquired throughout the registration process and the purchase procedure will always be treated in a lawful and correct manner, in full compliance with the provisions of Legislative Decree 30 June 2003, n. 196 (hereinafter "DECREE") in accordance with the contents of the PRIVACY, published on the WEBSITE and printable.

11.2. For any information concerning the processing of personal data, please refer to the information on data processing provided by Jail Jam, pursuant to art. 13 of the DECREE, to the CUSTOMER at the time of registration on the WEBSITE. Please note that the CUSTOMER, in case of need for further clarifications regarding the processing of personal data (article 7 of the DECREE) can contact Jail Jam at the following customercare@jailjam.it.

12. COMMUNICATIONS

For any assistance or complaint regarding the purchased PRODUCTS, the CUSTOMER may contact Jail Jam at the following e-mail address: customercare@jailjam.it.

13. APPLICABLE LAW AND JURISDICTION

The GSC is governed by Italian law and in particular by the CONSUMER CODE and by the legislative decree 9th April 2003 n. 70 in relation to some peculiarities of electronic commerce.

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