Terms and Conditions
Rights of intellectual and industrial property
All the site content is copyrighted and protected by applicable rules on copyright and industrial and/or intellectual property. By way of example, but not limited to it, site content must be considered as:
- Any graphic representation and/or texts in general
Any reproduction, modification, transmission, publication and/or redistribution of the contents of this site without the express written permission of Siens Eye Code is strictly forbidden, except for printing activities, downloads and views of the site content made exclusively for personal and non-commercial purposes and provided that the content is not modified in any way and the included information relating to industrial and intellectual property rights are kept.
Siens Eye Code gives notice that it is absolutely forbidden to use all distinctive signs in ownership of Siens Eye Code.
These general terms and conditions are governed exclusively by the Italian Law.
Protection of personal data
Pursuant to article 13, legislative degree n. 196/03 and subsequent amendments and integrations (“Privacy Code”) , we inform you that your personal data will be processed with electronic means from Stefano Russo srl with registered office in Via Strada della Carità 10, 20136 Milano (MI), P.IVA, Codice Fiscale 05947430962, in the person of its legal representative acting as data controller for the purposes of the execution of contracts, execution of requests and of the provision of the services required as well as for the fulfilment of obligations under national and/or of the Community laws and regulations.
The lack of the compilation of the compulsory fields marked with an asterisk (*) will make it impossible for Siens Eye Code to continue providing the services requested by you.
The supplied personal data will also be handled for sending newsletters and promotional material. In connection to this you will be asked to give your consent to its processing. Your personal data may be communicated to third parties in relation to Siens Eye Code within the limits and for the purposes indicated above. We inform you that at any time you may exercise the rights represented in the article 7 related to the Privacy Code, by sending an e-mail to [email protected].
We invite you however to upgrade your data in case of variations and to read the full text of the statement below
Article 13 (D. Lgs. 30th June 2003, n. 196): Statement
1. The person concerned or the person from whom personal data are collected shall be preliminarily informed orally or in writing about:
1.1 The purposes and methods of processing for which the data are intended
1.2 The compulsory or optional nature of the provision of the data
1.3 The consequences of a refusal to respond
1.4 The subjects or categories of subjects to whom the personal data may be communicated or entrusted and the purpose of dissemination of the given data
1.5 The rights contained in article 7
1.6 The identification data of the data controller and, where designed, of the representative in the State’s territory pursuant to article 5 and of the person in charge. When the owner has designed more responsibles, at least one of them is indicated, indicating the site of the communication network or the modalities through which it is easily known the updated list of data processors. When a manager for acknowledgement of the interested was appointed, operating the rights referred to in article 7, such director is designed.
2. The statement referred to in paragraph 1 also contains the elements foreseen by specific provisions of this code and may not include elements already known to the person providing the data or whose knowledge can hinder the exercise by a public subject of inspection or audit undertaken for purposes related to defence or State’s security or prevention, detection or repression of crime.
3. The Guarantor may identify, with precise measure, simplified procedures for the provided statement, in particular from telephone services of assistance and information to the public.
4. If the personal data are not collected from the data subject, the statement as per paragraph 1, including the categories of processed data , is given to the same person when registering data or, when their communication is envisaged, no later than the first communication.
5. The arrangement referred to in paragraph 4 shall not be applied if:
5.1 The data are processed according to an obligation under the law, regulations or Community legislation.
5.2 The data are processed for the purposes of carrying out defence investigations, pursuant to law 397, December 7th, 2000, or, anyway, to assert or defend a right in court, provided that the data are processed exclusively for the said purposes and for the period strictly necessary for their pursuit.
5.3 The statement to the data subject involves the use of means that the Guarantor, prescribing any appropriate measures, declares clearly disproportionate to the protected right, that proves in the Guarantor’s opinion, it is impossible.
Article 7 (D. Lgs. June, 30th 2003, n. 196): Right to access personal data and other data
1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him/her, even if not yet recorded, and their communication in an intelligible form.
2. The interested party has the right to obtain information about:
2.1 The origin of personal data
2.2 The purposes and methods of treatment
2.3 The logic applied in case of treatment carried out with the help of electronic instruments
2.4 The identity of the holder, the responsibles and the designed representative pursuant to article 5, subparagraph 2
2.5 The subjects or categories of subjects to which the personal data may be communicated or who may come to know them in their capacity as designated representative in the State’s territory, managers or agents
3. The interested party has the right to obtain:
3.1 Updating, correction or, when there is interest, integration of the data
3.2 The cancellation, transformation into anonymous form or blocking of the data treated in violation of law, including those of which it is not necessary the maintenance in relation to the purposes for which the data were collected or subsequently processed
3.3 Certification that the operations as per letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement proves to be impossible or involves on the use of means that are manifestly disproportionate to the protected right
4. The interested party has the right to oppose wholly or partially:
4.1 On legitimate grounds, to the processing of personal data concerning him/her even though relevant to the purpose of collection
4.2 To the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market researches or commercial communication.
Conclusion of the contract
The contract between Stefano Russo srl and the customer shall be considered concluded with the acceptance of the order by Siens Eye Code and, anyway, except good late payment. By filling in the online order, the customer declares to have read all the information provided during the purchase procedure, and to fully accept the general conditions herein below.
Once the online purchase procedure is finished, the customer will print or save an electronic copy or save these general terms and conditions and, if the customer is a consumer also in respect of the provisions of articles 52 and 53 of the D. Lgs. 6th September 2005, n. 206 (“D. Lgs. N. 206/2005”).
The payment for the products purchased online by the customer will be made using the modality chosen at the side of the order. Nothing more will be due by the customer in relation to the total of the order shown at the end of the purchase procedure. In case of acceptance of the order for products to be delivered outside the Italian territory, the amount corresponding to the cost of the ordered products will be increased of any shipping charges, and of the taxes, if required by the legislation of the country of destination of the products purchased.
Orders are invoiced in Euros and reflect the prices in Euro that are published on our website. To help customers in approximating the value, the prices are converted in the local currency. The amount you will be charged on your credit card or on PayPal account can vary as it is based on fluctuating exchange-rate regimes.
Siens Eye Code reserves the right to require customers with the shipment of the goods in the same State of invoicing the goods.
a) In case of payment by PayPal card the customer will be able to make the payment of the order directly through your verified PayPal account. Stefano Russo srl informs that payments will be accepted only from verified accounts and reserves the right to ship the products which are the subject of the customer’s order to the address shown on PayPal verified account.
b) Payments for orders of products from unverified PayPal accounts will be cancelled and consequently not satisfied by Stefano Russo srl.
Modalities and delivery expenses – Billing
The ordered products will be sent to the address specified by the customer at the time of the registration in the restricted area of the site access; if different, to the address specified in his/her order.
Siens Eye Code is entitled to accept or reject an order, it is likely that if the delivery of goods takes place outside the Italian territory the order is rejected.
Siens Eye Code does not deliver at PO boxes or Fermo Posta, all delivery addresses for mailboxes and Fermo Posta will be automatically deleted.
The status of order delivery will be visible to the customer by accessing to the site and consulting the user area at the moment of purchasing.
Delivery expenses, explained on the site and in the text of the order, are to be paid by the customer.
Shipping within the European Union is not subject to import duties. Shipments outside the European Union are subject to import taxes that cannot be calculated at the time of purchase and then excluded from shipping charges and so they must be paid by the customer. Once the products go through customs, it’s not possible to ask for order’s cancellation. The refusal to pay for duties and collect the goods at Local Customs will be charged to the final customer in variable amount that will be calculated on the basis of the real import duty amount charged on Siens Eye Code. Private U.S.A. citizens and non-U.S.A citizens residing in the U.S.A who import Internet goods from abroad are required to have a Social Security Number and must release this number willingly to the express courier or broker, in this case DHL. Non-USA citizen/resident who do not have a USA Social Security can provide a CBP – Customs Border Protection-assigned number. The process to obtain a CBP assigned import number generally takes 10 business days.
Shipping of the orders will be carried out from Monday to Friday except in case of public holidays.
The customer can check the order status by accessing ‘My Orders’ section.
Upon delivery of every order, Clients are asked to inspect the box carefully before signing for the delivery. Siens Eye Code packages are carefully sealed. If for any reason the box looks tampered with, either sign for the package with reservations or refuse the package. In the event that the box has been signed for with an unauthorized signature or there is evidence that the package has been tampered with, open a claim immediately with the courier and contact Siens Eye Code at [email protected]
In case of refused delivery or lack of withdrawal within 5 working days of the product in stock at the courier’s warehouse, due to repeated inability to deliver it to the address indicated by the customer at the moment of the order, the ordered product will be returned to the warehouse of Siens Eye Code and any shipping fees charged to Siens Eye Code will be deducted from any refund due to the customer.
To exercise the right of withdrawal, the customer must fill out the request form provided in your profile to Siens Eye Code within 14 working days from the receipt of the products.
Siens Eye Code care will promptly communicate to the customer the instructions to return the product/s. The customer will receive an e-mail containing the waybill of the courier and all necessary documents to book the goods return via DHL courier. The return can be claimed only by the holder of the order and made to the same address used for the shipping.
Your product must be returned unused, undamaged, unwashed or otherwise altered, complete with all its parts, with the control card related to it, the guarantee seals ( adjustable closing tag and irreversible tag) that must be intact and untampered and in its original packaging ( including wrapping and original boxes and any auxiliary material such as dustbags, hangers and suit-covers). To limit damage to the original packaging, it is recommended to insert it into a second box on which to affix the label provided by Siens Eye Code. It is avoided in all cases the position of the label or adhesive tapes directly on the original packaging of the product.
Shipping charges related to the returning of the product are differentiated on the basis of the reasons for returning the ordered product by the customer at the site www.sienseyecode.com.
Shipping charges related to the returning of the product shall be borne by Siens Eye Code ONLY for the first change (size / colour or for defective items) depending on availability of stock of the product in the requested size/colour or for reimbursement. Shipments of replacement items are free of charge if the customer is located within the Italian territory or the European Union one.
Shipping costs for replacement of the product outside the Italian territory or the European Union one are at the customer’s expenses; besides the costs of delivery will not be reimbursed to the customer or other incidental expenses and/or taxes existing when performing the order.
The shipment is under the full responsibility of the customer until the certificate of receipt is in the warehouse of Siens Eye Code.
The right of withdrawal is applied only to the purchased product in its entirety; it is not possible to exercise withdrawal only on one or more parts of the purchased product. In case of orders including more products you can exercise the withdrawal with respect to one or more of the products that you have ordered, specifying the description of the products that you intend to return, in filling up the module, under the previous article 19.
In the event of damage to the product during its transport, Siens Eye Code will give the customer notice of the incident (within 5 working days from receipt of the product in its warehouse) to enable him/her to make a timely complaint against the chosen courier and obtain a refund of the product value( if this is insured). In this case the product will be made available to the customer for its restitution, simultaneously eliminating the request for withdrawal.
Siens Eye Code is not responsible in any way for damages or theft/ loss of the goods.
Upon its arrival at Siens Eye Code the product will be examined to assess any damages or tampering not caused by the transport. If the packaging and/or wrapping may be damaged, Siens Eye Code will withhold from the due refund a percentage not exceeding 10% of the value of the product itself, as a contribution of the recovery costs.
Except for any recovery costs for damage to the original packaging, Siens Eye Code will refund to the customer the amount paid for the purchase of the product within 14 days from its return. If the payment was made by credit card, the refund will be via procedure of transfer of the charged amount to your credit card or by bank transfer. In the latter case the customer will promptly provide the information of the bank account upon which it will be sent the refund ( ABI-CAB-IBAN codes, number of account and bank name of the invoice payee).
The customer loses the possibility of exercising the right of withdrawal, for lack of essential integrity of the product ( or package and/or its contents), in case Siens Eye Code finds out:
- The use, even partial, of the product and of any accessories;
- The lack of the external packaging, the original internal packaging;
- The tampering and the wearing of the guarantee seals;
- The absence of integral elements of the product;
- The absence of the control card attached to the product;
- The damage to the product not due by its transport.
In such cases the products remain at the warehouse of Siens Eye Code available to the customer to be picked up at his/her responsibility and expense.
All products sold through the site are covered by the manufacturer warranty for defects of conformity, which lasts 12 months if the customer is a professional operator (and as such has VAT number- partita IVA) and lasts 24 months if the customer is a consumer as well as said in the D.Lgs. n. 206/2005
The manufacturer warranty is given in terms of law.
The warranty is applied to the product that has a lack of conformity, provided that the product is properly used, in accordance with its intended use and as provided in the accompanying documentation. In case of lack of conformity, without charge to the customer, Siens Eye Code will restore the conformity of the product by repairing-replacing it or reducing its price or by the termination of the contract. If, as a result of control by Siens Eye Code, the defect does not prove to be a lack of conformity, the customer will be charged of any verification and repair costs, where applicable, as well as transportation costs if supported by Siens Eye Code.
If, for whatever reason, Siens Eye Code could not render its customer a product under warranty ( repaired or replaced), it will proceed at its own discretion to refund the amount paid taking into consideration the use of the product or to replace it with a product that has the same or better characteristics.
The time of repair or replacement of a defective product only depends on the manufacturer’s policies and no damage can be requested to Siens Eye Code for any delays in carrying out repairs or replacements.
In case the application of the guarantees implies the return of the product, the product shall be returned by the customer in its original packaging, complete in all of its parts (including the wrapping and any documentation and accessories). In order to limit damage to the original packaging, Siens Eye Code recommends to insert it into a second box.
Colors: Siens Eye Code ensures, as far as possible, that the colours of the products included in the site www.sienseyecode.com appear as close as possible to reality. However, as computer monitors vary, we cannot guarantee that the colour displayed on the screen of the customer is completely identical to the colour of the item.
Sizes: Sizes are standard. To have a consultation, send an e-mail to [email protected]. We remind you that the first size change in Italy or in the European Union is free. For more information, see the section entitled Withdrawal Right of the Customer.
Within the meaning and for the purposes laid down in articles 1341 and 1342 of the Civil Code, you hereby expressly accept the provisions laid down in the articles: 3 ( brief description of the products in our catalogue) ; 5 ( right not to satisfy the order); 8.1, letter E ( lack of responsibility with respect to the fraudulent use of the customer’s credit cards ); 8.1, letter F ( lack of responsibility with respect to the success of online payment ); 8.2, letter B (we reserve the right to cancel the order in lack of receipt of copy of the bank transfer within 48 hours); 8.3, letter B ( we reserve the right to cancel the order in case there are payments made by non-verified PayPal accounts); 11 and 22 (delivery and shipping costs and taxes that the customer must pay); 15 ( fulfilment of the obligations of G&B Negozionline srl at the time of the product delivery to the chosen courier); 16 (obligation of control of the delivered products by the customer); 17 ( product acceptance without reservation by the customer, in the absence of contestation), 23 ( chargeback reserve of 10% in case of damage to the internal or external packaging of the returned product); 25 (we reserve the right to refuse the acceptance of the returned product); 32 ( privacy); 34 (applicable law), of these General Terms and Conditions.