Terms & Conditions
These General Terms & Conditions of Sale (“GTCs”) regulate the offer, transmission and acceptance of purchase orders relating to products sold through on the website www.slamjam.com (hereinafter referred to as the “Website”), owned by Slam Jam S.r.l. (VAT Code 01399030384 ), a company incorporated under the Laws of Italy, enrolled at the Company Register of Ferrara (FE) - Italy, REA no. 164946, with registered office in 44122 Ferrara (FE) - Italy, Via Francesco Luigi Ferrari, 37/A, phone number: +39 0532 251211, email: email@example.com (hereinafter defined as “Slam Jam”).
These GTCs form an integral part of each Purchase Agreement of any Product and shall be entirely accepted by the Customer before placing any Order, as defined below in article 1.
1.1 For the purposes of these GTCs, the following terms shall have this meaning:
- “Checkout Procedure”: all the actions that the Customer shall carry out on the Website in order to complete the purchase process;
- “Consumer”: any natural person, who is acting for purposes not related to his or her trade, business or profession, as defined by art. 3 of the Consumer Code;
- “Consumer Code”: the Italian Legislative Decree N. 206 of 6th September 2005;
- “Customer”: any individual who purchases the Products on sale on the Website;
- “Order”: the purchase proposal issued by the Customer to the Seller through the Website, having as subject the purchase of the Products, as provided by article 3 of the GTCs;
- “Order Receipt”: the communication sent to the Customer which contains all the information on the Order, such as about Products, Price and shipping costs;
- “Prices”: the consideration in money that the Customer pays to the Seller for the purchase of the Products;
- “Products”: the goods sold by the Seller, as shown on the Website;
- “Professional”: any natural or legal person, who is acting for purposes related to his or her trade, business or profession, or his intermediary, as defined by art. 3 of the Consumer Code;
- “Purchase Agreement": the agreement executed between the Seller and the Customer having as subject the purchase of Products, as provided by article 3 of the GTCs;
- “Registered Customer": the Consumer who following the Website’s procedure has created a personal account on www.slamjam.com;
- “Reserve Receipt": the communication sent to the Customer which confirms the execution of the Purchase Agreement and which informs the Customer that the Products are ready for delivery at the point of the selected sales’ point containing the barcode to be presented to the Slam Jam Physical Store in order to collect the Products;
- “Seller”: Slam Jam s.r.l.;
- “Slam Jam Physical Stores”: shall mean the stores operated by the Seller, as listed in the relevant section of the website www.slamjam.com;
- “Shipping Confirmation”:the email sent by the Seller to the Customer, confirming that the Products have been shipped, as provided by article 3.7 of the GTCs;
- “Website”: www.slamjam.com
2.1 These GTCs shall apply to all Orders, Shipping Confirmations and Purchase Agreements between the Seller and the Customer.
2.2 Through the Website, the Seller makes available a virtual shelf to the Customer, where the Customer can purchase the Products according to the GTCs herewith provided.
2.3 Even unregistered Customers are entitled to purchase Products through the Website, provided that in placing the Order they declare full acceptance of these GTCs. By filling the requested information, the Customer guarantees that the information provided during the purchasing procedure is true and correct.
2.4 Only Consumers, not Professionals, are allowed to purchase Products through the Website.
3. Execution of the Purchase Agreement
3.1 Before executing the Purchase Agreement, the Customer will be allowed to check all the information as set forth by art. 49 of the Consumer Code in the Website pages dedicated to each Product (and related links), such as relevant features, price, shipping costs, payment method, delivery terms, withdrawal right, warranties.
3.2 Before executing the Purchase Agreement, the Customer can check all the data and information related to the Seller at any time such as the registered office, phone and fax number, email, as referred to in art. 13 of these GTCs.
3.3 The purchase procedure is subject to the terms and conditions provided in these GTCs, as provided in the Website on the Order & Shipping area.
3.4 The Products shown on the Website constitute the Seller’s invitation to the Customer to file an offer for the purchase of the Product. The information contained in the Website are not binding for the Seller nor constitute a public offer according to art. 1336 of the Italian Civil Code.
3.5 In order to complete the purchase procedure, the Customer shall complete all the necessary steps shown on the checkout page, following the relevant instructions. Before placing the Order, the Customer will be requested to review and check the whole Order so to detect and amend any possible mistake. The Order constitutes a Customer’s purchase proposal and shall not imply any obligation for the Seller to accept the purchase proposal of the Customer.
3.6 Once the Order is submitted, the Seller shall provide the Customer with the communication relating the Order taking over via e-mail (“Order Receipt”). The Order Receipt contains all the information relating to the Purchase Agreement, the basic features of the Products, their Price and the shipping costs. The Order Receipt constitutes a mere acknowledgement of the receipt of the Order and a resume of its content; therefore, it shall not imply any obligation for the Seller to accept the purchase proposal of the Customer. By sending the Order Receipt, the Seller confirms to have received the Order and to have submitted it to the check procedure, in order to assess the correctness of relevant data, the Customer solvency and the Product availability.
3.7 Save for the provisions under par. 3.8, the Seller, at its sole discretion, within 60 (sixty) minutes from the Order Receipt, shall be alternatively entitled to:
a) refuse the Order; in this case, the Seller shall accordingly inform the Customer by email; the Customer shall not be entitled to any claims against the Seller, for whatever reason;
b) accept the Order; in this case, the Seller shall proceed to the shipping of the Products and inform the Customer by sending the Shipping Confirmation.
3.8 The Shipping Confirmation is strictly subject to the Product availability. To the extent permitted by the applicable Law, the Seller is entitled to refuse the Order in such cases including but not limited to:
- the Product is not available for sale;
- the Order has been detected by Seller’s security systems as unusual or potentially fraudulent;
- there are grounded reasons to believe the Customer is a Professional;
- impossibility to deliver the parcel at the address indicated on the Order;
- mistakes in text, Prices or other inaccurate information disclosed on the Website.
- in any other case the Seller will deem in its discretion to refuse the Order.
3.9 The Purchase Agreement shall be executed upon Customer’s receipt of the Shipping Confirmation by email. The Shipping Confirmation shall summarize the main terms and conditions applicable to the purchase, the information related to the basic features of the Products, the Price and the shipping costs (and related taxes, if applicable), the payment methods, the withdrawal right (pursuant to art. 52 of the Consumer Code).
3.10 In case certain items included in the Order are not available, the Seller shall accordingly inform the Customer by email, within the terms indicated in the previous art. 3.7. The Customer, within the same term, shall be entitled to confirm the Order for the remaining available items or to cancel the Order.
3.11 The Order Receipt shall be filed in the Seller’s records for the time necessary to handle the purchase process and, in any case, according to the applicable Laws. The Customer may access and consult his or her order on the “Order History” section on their account.
3.12 The Customer shall also save and/or print the Shipping Confirmation and, in any case, store it, as it contains all the information related to his purchase.
3.13 The “Pre-Order” label referring to a Product shown on the Website means that the same Product is not available for immediate shipping (“Pre-Order Product”); the Pre-Order Product will be accepted and shipped according to the terms indicated in the related description, subject to the availability of the corresponding Products.
3.14 The sale of the Products shown on the Drops section of the Website (https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/drops.html) is available only for Registered Customers and it is subject to the occurrence of a future and uncertain condition in order to be executed (pursuant to art. 1353 of Italian Civil Code), namely the draw of the Customer’s name. As shown on the aforesaid section of the Website, a specific period of time is set for any Customer willing to submit their entry to the raffle on the Website and to take part in the non-guaranteed drawing.
By submitting the entry, the Customer authorizes the transmission of his/her payment method data to the payment provider to create a payment token. The payment token shall be saved and used in case the Customer is selected among the winners. Once registered, any Customer shall receive an e-mail from the Seller confirming that the registration process has been successfully completed and the Customer has entered the raffle.
Once the aforesaid period of time expires, the winners shall be randomly drawn among the Customers who have participated in the raffle.
After the draw, only the Customers whose name is drawn shall be informed of the raffle outcome via email. The are given the chance to accept of refuse their win. In the former case, the purchase procedure set forth in Articles 3.6, 3.7, 3.8 and 3.9 of the GTCs – mutatis mutandis – shall apply. The Purchase Agreement shall be executed when the Customer receives the Shipping Confirmation by e-mail from the Seller.
With reference to the Drops section of the Website, the shipping policy under www.slamjam.com does not apply. The price of the Products on the Drops and any relevant shipping costs shall be charged to the drawn Customers.
4. Products Features and Prices
4.1 The Products are shown with their basic features within the specific Product sections of the Website. Any information relating to the Products sold by the Seller through the Website is based exclusively on the data published and made known by the respective manufacturers, upon the Seller’s control.
4.2 The Price is shown below each Product. Except where otherwise specified in writing, all Prices shall be deemed “inclusive of VAT” and in Euro currency. The Price does not include any shipping costs, which are separately shown in the “Order & Shipping” section (https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/order-shipping.html). Shipping costs shall be added at checkout, before the execution of the payment. Import duties and taxes shall be always borne by customers. Any eventual import duties and taxes will be charged once the parcel reaches the destination country, as detailed in the “Order & Shipping” section (https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/order-shipping.html).
4.3 For sake of clearness, Products Prices will be shown to the Customer both on the Website and at the Checkout Procedure. For the above-mentioned purposes, the Seller is entitled to amend the Prices at its sole discretion, also several times during the same day and without prior notice. As Prices are subject to such updates, the Customer shall verify the Prices during the Checkout Procedure, before placing the Order to the Seller. It is understood that the new Prices will not apply to the Orders already confirmed by the Seller by means of the Order Receipt.
5. Payment and Invoicing
5.1 The Customer shall pay the Price by any payment method accepted by the Website. The Seller will select payment methods which grant security, secrecy and accuracy of transactions, provided that any liability thereof shall be borne by the companies operating said payment methods. The Payment will be processed through different steps for selected payment methods, namely pre-authorization, capture of the funds and eventual refund and void (for example, in case of inventory shortage).
5.2 In order to execute the payment, the Customer shall digit the relevant credit card data or any other data requested by the selected payment method at the Checkout Procedure. An amount equal to the Price (plus related shipping costs) shall be charged to the Customer at the completion of the Checkout Procedure. If not expressly included in the Shipment Confirmation, any additional import duties, whether applicable, shall be paid by the Customer once the parcel reaches its destination country (please refer to the “Order & Shipping” section: https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/order-shipping.html).
5.3 The Seller is entitled to perform any check deemed appropriate on the payment method used by the Customer, and to refuse, at its sole discretion, the same payment if the Customer solvency is deemed unsure.
5.4 In case the Seller refuses the Order, the Customer is entitled to a refund equal to the amount previously charged, by means of the original payment method.
5.5 Effective as of January 1st, 2019, the law decree 119/2018 has confirmed the entry into force of the electronic invoicing regime for transactions carried out between subject that are resident or established for VAT purposes in Italy. The services provided on Slam Jam are offered to Customers only, who purchase items for personal use and not for resale. The current VAT regime isn’t subject to any modification, and the prices shown on the website are inclusive of VAT.
5.6 The Seller commits to issue a purchase receipt for every order placed by Customers, which they can request by contacting our Customer Service (firstname.lastname@example.org). According to Italian law, the Seller is not required to issue any commercial invoice or other tax certifications to Italian customers. The obligation does not apply for nonresident taxpayers, even if registered in Italy through direct identification or tax representative as provided for by the new art. 1, paragraph 3 of Legislative Decree 127/2015. For this reason, EU and non-EU final consumers will still have access to the commercial invoice.
5.7. Only with reference to Orders with place of delivery within the Italian territory, the Customer shall be entitled to pay the Price by cash on delivery; the choice of this payment method will imply an extra charge, duly detailed in the Checkout Procedure and in the Order Receipt.
6.1 The Seller delivers the Products to the Customer using only selected couriers, pursuant to the procedure indicated in “Order & Shipping” section (https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/order-shipping.html).
6.2 Unless otherwise provided, the shipping costs shall be borne by the Customer. If the Customer doesn’t accept the delivery of his or her parcel, or if the parcel cannot be delivered due to issues related to Customer, any shipping fees related to the return of the parcel will be charged to the Customer.
6.3 Upon receipt of the Product at the delivery address indicated by the Customer in the Order, the Customer shall inspect the Product and check if the quality and quantity of the items received are consistent with the content of the Order Receipt. In case of discrepancies and/or inconsistency, the Customer shall inform the Seller by email (email@example.com) within 14 days from the delivery date.
6.4 The criteria used to charge the shipping costs are detailed in the “Order & Shipping” section (https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/order-shipping.html).
7. Estimated Delivery Terms
7.1 The estimated delivery terms start from the date of the Shipping Confirmation, and are indicated in the “Order & Shipping” section (https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/order-shipping.html). In any case, the Seller undertakes to deliver the Products within 30 (thirty) days from the issuance of the Shipping Confirmation.
8. Withdrawal right
8.1 According to article 52 of the Consumer Code, the Customer shall be entitled to exercise the withdrawal right within 14 (fourteen) days from the delivery date of the Products. In case certain items included in the same Order are delivered separately, the aforementioned term starts from the delivery date of the last delivered item.
8.2. The Customer shall exercise the withdrawal right according to the procedure set forth in the “Returns” section and shall open a return merchandise authorization (“RMA”) within 14 (fourteen) days from when his or her Order is delivered.
8.3 The Customer undertakes to preserve and carefully protect the Products he or she intends to return, keeping them intact together with the original internal and external packaging.
8.4 The shipping costs for returning the Products are borne by the Customer, unless otherwise communicated by the Seller, as better detailed in the “Returns” section.
8.5 The Customer undertakes to return the Products for which the withdrawal right has been exercised within 15 (fifteen) days from the opening of the RMA. Pursuant to art. 57, par. 2, of the Consumer Code, the Products that are damaged, deteriorated or missing the original accessories or equipment shall not be accepted by the Seller and shall be returned to the Customer, who will be charged for the relevant shipping costs.
8.6 Once the Seller has received the Products in compliance with the foregoing procedure and has carried out positively the due checks confirming the right of the Customer to return the Products, the Customer shall be refunded within 14 (fourteen) days from the positive outcome of said checks and according to the procedure set forth in the “Returns” section.
9. Products Warranty
9.1 Customer acknowledges that Products are not manufactured by the Seller; the latter purchases the Products by the original manufacturers or further resellers, pursuant to severe quality controls.
9.2. The basic features of each Product are shown within the specific sections of the Website. The Products images are meant for representation purposes only, and may not be as the real ones, due to either Internet browser or monitor features.
9.3 All the Products benefit from the legal warranty as provided by the Consumer Code (art. 128 – 135). The Products are covered with a warranty of 24 (twenty-four) months from the delivery date in case of lack of conformity in respect of the sale agreement provisions.
9.4 The lack of conformity must be communicated to the Seller within 2 (two) months from the relevant discovery. In case of lack of conformity, the Customer is entitled to request the fixing or the substitution of the Product within a reasonable term. In case such remedies are not feasible or too burdensome for the Seller, the Customer shall have right to a price reduction or to the termination of the sale agreement, according to art. 130 of the Consumer Code. In case the lack of conformity is notified to the Seller after wearing or washing the items, the Seller is entitled to refuse any type of compensation to the Customer as there are no sufficient elements to any eventual manufacturing issues.
9.5 Slam Jam will check whether the returned products are effectively in their original condition; should the products returned by the Customer be damaged, incomplete, deteriorated or dirty, no refund will be made. The foregoing without prejudice to the right of Slam Jam to claim compensation for any damage or non-conformity with the products delivered to the customer. If the products are sent back due to withdrawal or return using a carrier other than the one specified by Slam Jam the latter will not be liable for the loss of products, deliveries to incorrect addresses or delays in the delivery of products, it being agreed that the customer undertakes all risks for such dispatch.
9.6 In case the defective Product must be returned, the procedure set forth in the “Returns” section shall apply.
10. Declaration Representations and Warranties of Customer
10.1 The Customer warrants, accepting all liability and holding the Seller harmless from any prejudicial consequence, that his or her personal data given to the Seller are true and that such data allow his identity to be identified. The Customer therefore undertakes to immediately inform the Seller, by email, of all and any changes in the supplied data.
10.2 At registration on the Website (www.slamjam.com), the Customer is given a username and a password (to access protected areas of the Website), the combined use of which will identify the Customer and will allow him or her to purchase the Products on the Site. The Customer is therefore informed that the Order issued through the combined use of the username and password is valid and binding. The availability of both the username and the password to a third party would allow the latter to issue regular Orders that oblige the Customer, having been identified by their own username and password, to accept receipt of the ordered Products and to pay the Price. Customers are therefore required to keep both their username and their password confidential for the entire duration of their relationship with the Seller. Customers are also requested to give the Seller a valid email address, so that the latter may forward the Shipping Confirmation and any other communication.
11. Limitation of Liability
11.1 The Seller cannot be held liable for malfunctioning, interruption of services, decline in performance, whether due to fortuitous or force majeure event, unless such issues are directly attributable to the Seller’s negligence or serious fault.
12. Correction on Errors and Inaccuracies - Typographical Errors
12.1 The information of the Website may contain typographical errors or inaccuracies and may not be complete or current. The Seller therefore reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to Product description, pricing and availability.
12.2 In the event a Product is listed with an incorrect Price, due to typographical error or system errors, the Seller shall have the right to refuse any Orders placed for that Product. If the Order Receipt has been issued (with relevant charge on Customer’s credit card) and the Order is then canceled, the Seller shall refund the Customer for an equal amount by means of the original payment method.
12.3 In case the Customer is not fully satisfied with his or her purchase, it is possible to exercise the withdrawal right, according to previous art. 8.
13. Notices and communication
13.1 Any notification and communication related to these GTCs and each Purchase Agreement are made by the Seller in electronic form, via email and via Web service. The Customer acknowledges the full validity thereof and expressly renounces forthwith to refuse to acknowledge the contents of the declarations sent or received in electronic form.
13.2 Any notification and communication related to these GTCs and each Purchase Agreement, to be sent by the Customer to the Seller, shall be addressed to the following address: :
via F.L.Ferrari 37/a
ph: +39 0532 251278
fax: +39 0532 251290
13.3 The Customer is informed and accepts that the Seller files technical File Logs in its systems for traceability of operations, estimates and Orders management purposes.
14. GTCs Amendments and Updates
14.1 The Seller has the right to amend, from time to time, these GTCs, also to grant compliance with the applicable Law. Any new release of the GTCs will be effective from the date of publication on the Website and shall be applicable on all Orders accepted by the Seller from that moment on.
15. Privacy – Data Protection
15.1 The Privacy and Data Protection policy governing the treatment of the Customer’s personal data are available at the following link: https://staging-eu01-slamjam.demandware.net/s/slamjam/en_IT/privacy-policy.html.
15.2 For any further information related to Privacy and Data Protection policy, you may send a request to the following address: firstname.lastname@example.org.
16. Applicable Law and Competent Court
16.1 These GTCs and each Purchase Agreement are regulated by the Italian Laws.
16.2 For any dispute arising out of these GTCs and/or the Purchase Agreement and/or any issues related with their fulfillment, the Court located where the Customer has his residence or domicile shall be exclusively competent (when inside the Italian territory); in all other cases, the Court of Ferrara (Italy) shall be competent