TERMS & CONDITIONS
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1. DEFINITIONS
1.1. In these terms and conditions are the following meanings:
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Agreement: means the purchase agreement for a Product ordered by a Customer via the Online Platform, email or phone; to which these terms and conditions apply, and incorporating the Client Order Confirmation referred as “COC”;
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SAVOCA: trademark name owned by Giuseppe Savoca Limited Company registered under the laws of England and Wales, with the registered address at 311 Regents Park Road London N3 1DP, available by email via contact@savoca.co.uk, also referred to as “we”, “us” and “our”;
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Customer: the person visiting the Online Platform and/or the Online Boutique/Showroom, also referred to as “client”, “the client”, “you”, “your” or “yours”;
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Order: an order for a Product placed by a Customer via the Online Platform, Email or Phone call commences at the Start Date as stated in the “COC”;
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Client Order Confirmation: means the order confirmation sheet on the first page of this Agreement, hereafter “COC”;
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Product/Products: the product(s) offered for sale on the Online Platform, Boutique/Showroom, catalogues, also referred as “work” or “artwork;
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Online Platform: means the Website at https//www.savoca.co.uk including the Online Boutique/Showroom and all social media also referred as “portfolio”, “media”;
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Business Day: Days referred other than a Saturday, Sunday or public holiday in England when banks in London are not open for business;
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2. GENERAL
2.1. These Terms and Conditions apply to any user of the Website, any offer in the Website, any purchase of Products via the Website or other Media channels and all agreements concluded or to be concluded and any related matters. By accessing the Website and/or placing an Order, you agree to the applicability of these Terms and Conditions, including additional Terms and Conditions and policies referenced herein. If you do not agree to all the Terms and Conditions, then you should not access the Website or place an Order.
2.2. You can review the most current version of the Terms and Conditions at any time on Terms and Conditions.
2.3. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or making changes to the Website. It is your responsibility to check this page periodically for changes. By continuing to access to the Website and/or use of the Online Boutique/Showroom following the posting of any changes constitutes an acceptance of those changes.
2.4. We reserve the right to refuse and/or change the access to, or use of the Website and the Online Platform to anyone, for any reason, at any time.
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2.5. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks within the company; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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3. USE OF THE ONLINE PLATFORM
3.1. The Online Platform may only be used by adult natural persons, not acting in the context of trade, business or professional activities.
3.2. By using our Online Platform, you agree:
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to be 18 years old;
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not to use the Online Platform or place Orders in the context of trade, business or professional activities;
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not to place any false or fraudulent Orders;
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to keep your login and other details for the Website (including but not limited to your username and password) secret and not to allow third parties to access such details;
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to provide current, complete and accurate purchase and account information and – personal – information for all Orders;
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not to use the Online Platform in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way;
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not to use the Online Platform for any purpose that could damage the name of SAVOCA;
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not to use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party;
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to access or attempt to access the accounts of other users or attempt to penetrate the Website security measures;
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to use the Website for any purpose other than your personal use;
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4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
4.2. Images of Products on the Website, the Online Platform or Portfolio are for information purposes only. The colours on your computer screen may differ from those of the product.
4.2. We reserve the right to modify the contents of the Website, Portfolio at any time, but we have no obligation to update any information on the Website. You agree that it is your own responsibility to monitor changes to the Website purposes only. The colours on your computer screen may differ from those of the Product.
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5. OFFERS AND PRICES
5.1 We reserve the right at any time to modify or discontinue products or the prices thereof without notice at any time.
5.2. All offers are without obligation.
5.3. We reserve the right, but are not obligated, to refuse or limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.4. We shall not be liable, nor shall we be held to any Other obligation, for any modification, price change, suspension or discontinuance of the products.
5.5. Any obvious errors or mistakes in an Offer will not bind us.
5.6. In the event of errors in prices published, we will notify the Customer who has placed an Order of this as soon as possible. The Customer will then have the opportunity to confirm the Order at a corrected price or to cancel the Order. If we fail to contact the customer, the amount paid by the customer will be refunded.
5.7. The prices of the products does include Value Added Tax (VAT) at the current British rate and law.
5.8. Prices do not include delivery costs.
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6. FORMATION OF THE AGREEMENT
6.1. An Order is placed as a result of the Customer completing the ordering process in the Online Platform and by contacting SAVOCA by written, email or phone.
6.2. An Agreement is established, subject to the provisions set out in paragraph 5, as soon as we have confirmed your Order.
6.3. We will be entitled to set additional conditions for the execution of an agreement if we reasonably decide that such is necessary for the performance of your obligations.
6.4. Once the preorder period is closed and confirmed via the “COC" we will not be able to make changes to the Order. This includes size changes, style changes, quantities, etc. We will try to accommodate possible requests, but this is purely at the discretion of the production. As soon as the Order has been placed and past the cool-off time, it cannot be cancelled. Any delays, production changes, cancellations or sourcing material will be communicated directly to the customer and we cannot be held responsible.
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7. PAYMENT
7.1. You will make the payment in accordance with the payment methods offered in the ordering procedure of the Online Platform by following the ordering steps or contacting us. Once the Order has been accepted by us, you will receive a Client Order Confirmation (COC) with an individual link to follow for the payment steps as requested by the payment system in accordance with the relevant conditions set out in these general Terms and Conditions.
7.2. Once the payment has been processed the cool-off period in paragraph 12. is applied.
7.3. If you Order one of our products on a preorder bases, you will be required to pay fifty percent (50%) of the amount due as a deposit after you receive the Client Order Confirmation (COC). We will charge the remaining fifty percent (50%) of the amount due when the product is ready for shipping. You will receive an email as on 7.1. with a payment link and instructions on how to complete your purchase. You should expect a waiting period of approximately six to eight (6 to 8) weeks between the date on the COC and the date that the product is ready for shipment, due to the waiting list of such transactions. The estimated delivery window will be noted on your Client Order Confirmation.
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8. WAITING PERIOD
Due to the nature of the handcrafted product, the client understands that by placing an Order a waiting time of six to eight (6 to 8) weeks is required and no cancellation will be accepted after the cool-off period of fourteen (14) calendar days.
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9. DELIVERY
9.1. With the observance of the previous paragraph, we will send the accepted Orders to the postal service as soon as possible, but no later than within three (3) Business days upon termination of the quality control, unless a different delivery period has been agreed directly with the Client. If the delivery is delayed, or an Order cannot be executed or can only be executed partially, the client will be notified. In that case, you will have the right to cancel the Agreement free of charge. In such case, we will refund the amount paid without delay after cancellation expect a three to five (3 to 5) Business days for the amount to be received in your bank account.
9.2. The product will be delivered in accordance to your specifications as agreed on the COC once we have informed you of the completion of the Product.
9.3. We shall not be liable for any consequential loss or damages arising from delivery of the Product.
9.4. The price of the Products shown on our Website does not include delivery.
9.5. International deliveries, Products are sold on a delivery duty unpaid basis. Means that the recipient will be liable for any local sales taxes, import duties or customs fees which may be charged on the purchase. If applicable, it is your responsibility to comply with any export controls, sanctions rules or other restrictions applicable to products supplied to you.
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10.RETENTION OF TITLE
10.1. The ownership of Products ordered will only pass to you once the purchase amount has been fully paid.
10.2. If applicable, the original products shall not be intentionally destroyed, altered, retouched, modified, dismount or changed in any way whatsoever without the written consent from us.
10.3. If applicable, the product is seen as private usage but fully disposed on media it is assumed that the use of images or linked hashtags are part of the public domain and at no cost, we take the right to use these elements for marketing purpose.
10.4. Although, the client receives the ownership of the product as set in 10.1. the Intellectual Property Rights remain in full ownership of Giuseppe Savoca Limited. By the above, means patents, copyright, registered and unregistered design rights, utility models, trademarks (whether or not registered), database rights, rights in knowing how and confidential information and all other intellectual and industrial property rights and similar or analogous rights existing under the laws of any country and all rights to apply for or register such rights.
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11. BESPOKE SERVICE AND CHANGES
11.1 Bespoke service offers a final design Product in accordance with general and detailed specifications supplied by the Client. The cost of this service, depending on the Client requirements will be communicated directly to you and a fifty percent (50%) deposit is required upon reception of the COC.
11.2. All confidential information disclosed by the Client to us or disclosed by The Designer to you (whether in writing, orally or by other means) relating but not limited to the business organisation, transactions, finances, technology and business activities or reference material, of and concerning the Client or us, remains confidential information to the extent that they are not in the public domain at the commencement date.
11.3. Reference materials, any information, techniques, know-how, ideas, concepts and materials (regardless of the form or medium in which they are disclosed or stored) keep the ownership of Giuseppe Savoca Limited.
11.4. If applicable, the Client wishes changes, additions or variations, which substantially change the product presented or described in our catalogue is subject to an additional charge of 5% that will apply to the original price agreed on the COC.
11.5. We reserve the right to refuse to carry out changes, additions or variations, which substantially change the product or does not respect the values of the brand.
11.6. The Client may terminate the Bespoke Agreement Service at any time with immediate effect by giving written notice as long as the production of the product has not been started.
11.6.1. The amount already perceived will be calculated in accordance to our standard hourly rate for the research and development process. The remaining amount will then be refunded to you in the next three to five (3 to 5) Business days.
11.6.2. Upon payment of the research and development process as specified in 10.6.1 we shall provide the Client with all the research material, including all specification and other documentation comprised in the Client brief at the date of such termination whether or not then complete, and return all your reference materials directly to you.
11.7 We will keep an archived copy of the source files for a period of three (3) months only. The herein, 11.6.2. does not disclose us from paragraph 18.
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12. RIGHT OF WITHDRAWAL
12.1. This only applies for Orders that are subject to the Customer’s statutory right of withdrawal under the UK Legislation (Consumer Credit Act 1974/68b). This paragraph does not apply to Orders of Products produced upon your request and per the specifics indicated by you. Orders cannot be cancelled or modified by you pursuant to the aforementioned statutory right of withdrawal after we have confirmed such Orders.
12.2. You may terminate the Agreement within a cooling-off period of fourteen (14) Calendar days (hereinafter: the “Cooling-off Period”) without stating reasons (hereinafter: the “Right of Withdrawal”). The Cooling-off Period starts on the day on which you or a third party designated by you makes the payment of the fifty percent (50%) deposit in accordance to the COC.
12.3. If you wish to use your Right of Withdrawal, you will notify us of this within the Cooling-off Period by submitting an email to contact@savoca.co.uk
12.4. As soon as possible after your notification to us your wish to make use of your Right of Withdrawal as set out herein, we will proceed with the full refund. unless any cost has occurred in the process (research material, drawings, sketches etc.)
12.5. We will handle your request to the Right of Withdrawal within fourteen (14) Business days and will send you confirmation of this by email. We will use the same account number for the refund as that which you have used for the payment unless agreed otherwise. International payment transfer might occur extra charges, which are your responsibility.
12.6. If you have failed to provide all the information required under this paragraph, processing by us may take longer. Past the Cooling-off Period, the fifty percent (50%) deposit is retained by us and is not refundable.
12.7. The Client acknowledges that rejection is not permitted on the basis of style, if the style is consistent with the style or styles in our Online Platform as shown and described to the client.
12.8. After reception of the product made for you, we do not accept returns or provide refunds or exchanges.
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13. FAULTY PRODUCTS
13.1. We undertake to ensure that high-quality standards are continuously met in the manufacturing of our products. All products pass by a quality control check by The Designer before being shipped. However, if your Product shows any defect, please contact our customer service via contact@savoca.co.uk no later than three (3) Business days from the date of reception. You must indicate the alleged defect and join every supporting document (detailed photos or video of the Product, purchase date, number of the Orders, etc.).
13.2. After considering these elements, we reserve the right to recover the Product to conduct a physical investigation.
13.3. In case of a recognised defect, firstly we will attempt to fix the Product. In case the product is beyond repair we undertake a replacement of the defected product. Defective Products will be returned to us in the manner indicated by us. We will refund any reasonable shipping costs you incur in returning the product to us.
13.4. We reserve the right to refuse to follow up on a late claim, a claim relating to a defect for which you are responsible, or which derives from the nature of the Product (certain Products might have some uneven parts, irregularities and/or seem asymmetrical which result as parts of the handcrafted manufacturing process or correspond to the movement of the material used). We do not provide a refund of our products as all are Made to Order specifically for you.
13.5. You will handle the Products, packaging and labels with care. The Product will only be unpacked or used to the extent required to establish the nature and characteristics of the Product. The starting principle is that the Products may only be handled and inspected as you would be customary in a brick-and-mortar shop.
13.6. Please note that the natural leather band inside of the Product is fragile and will have to remain unmarked, unstained and in its original condition. You will try the product only with a clean and dry forehead and with the warning sticker in place on the natural leather band until you are certain to keep the Product.
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14. PRODUCTS' CARE
14.1. The natural leather band inside with the time will change colour and get darker. This is not a manufacturing defect, but a consequence of wear and tear arising from normal usage. This element has to be considered as an appropriation of yourself of a SAVOCA headwear and its uniqueness in time.
14.2. In order to keep your Products in good condition, it is recommended to follow the general care steps as follows:
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Keep your Products in a clean and dry environment
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Always store your Products away from light and heat.
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Protect your Products from rain and moisture.
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Store your products in the SAVOCA box or (a dust bag, provided by you) when you are not using them.
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Use a pair of white gloves when handling the Products
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Not to touch or pull the decorative ornament
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Avoid contact with water, fire and abrasive surfaces.
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16. COMPLAINTS
Other than complaints about faulty products referred to in the paragraph 13., may be submitted by e-mail to contact@savoca.co.uk and will be handled within three (3) Business days.
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17. THIRD-PARTY LINKS
17.1.Third-party links on the Online Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
17.2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
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18. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
18.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively: 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not obliged to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
18.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
18.3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
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19. PERSONAL DATA
Your submission of personal data through the Website is governed by our Privacy Policy.
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20. DISPUTE RESOLUTION
22.1. In the event of any dispute between the parties, both parties will seek in good faith to resolve the dispute amicably by negotiation.
20.2 Either party may give the other a written notice that it wishes to refer a dispute to formal mediation (“Mediation Notice”). If within two weeks of service of a Mediation Notice the dispute has not been resolved, the parties shall then try to settle the dispute by mediation in accordance with the Model Mediation Procedure of the Centre for Effective Dispute Resolution. If that fails, or after either party has made all reasonable efforts to follow that procedure, either party may commence proceedings in a court of competent jurisdiction. Either party may at any time seek injunctive relief from a court of competent jurisdiction.
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21. GOVERNING LAW
These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the exclusive jurisdiction of the English Courts.
PRIVACY POLICY
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References in this Privacy Policy Statement to “we”, “us” and “SAVOCA” are to Giuseppe Savoca Limited (Trading as SAVOCA). At Giuseppe Savoca Limited, we are committed to maintaining your privacy.
Our privacy policy statement is given below. If we make changes to this policy, we will notify you by updating this statement on our Website https//wwww.savoca.co.uk.
At SAVOCA we take your privacy seriously and will use your personal information only to administer your account to provide the products and services you have requested from us.
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1. INFORMATION COLLECTED;
We ask for full name, telephone number, home address, and email address to communicate directly with you on price requests, appointment requested or newsletter sign ups.
When an Order is placed in addition to the above, we also require a delivery address and payment method details.
2. USE OF DATA;
Your data will enable us, and our processors, to fulfil your order, to notify you about important functionality changes and for statistical or survey purposes to improve this website and our services to you. We may also send you from time to time (by email or post) information about products and services and details of promotions and special offers from SAVOCA. If you do not wish to be contacted for these purposes, we offer a range of ways in which you can inform us about your marketing preferences:
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• All email messages and email newsletters will contain information on how you can unsubscribe; or
• Send an email to us on contact@savoca.co.uk writing “unsubscribe” in the subject heading;
• Write to us at: SAVOCA, 311 Regents Park Road, London N3 1DP
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In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.
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3. SHARE OF INFORMATION
We do not store credit/debit card details, nor do we share clients details with any 3rd parties.
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4. COOKIES
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files saved on your computer, to help the website analyse how you use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. If this website anonymises IP addresses, your IP address will be truncated by Google within a EU member state or other EEA state before being transmitted to the US. Only in exceptional situations will your full IP address be transmitted to Google servers in the United States and truncated there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
You can also prevent Google from collecting information (including your IP address) via cookies and processing this information by downloading this browser plugin and installing: http://tools.google.com/dlpage/gaoptout