Terms of service

GENERAL TERMS AND CONDITIONS OF SALE (GTC) for online purchases made on the website www.memorysltd.com

SWEET WATER S.r.l., with registered office at Via Donato Bramante 34, 60041 Sassoferrato (AN), Tax Code and VAT No. 02753650429 ("SWEET WATER") invites users to review these General Terms and Conditions of Sale ("GTC"), which govern the purchase of products and the management of orders placed on the site.

The offers on our website www.memorysltd.com are addressed exclusively to consumers who complete the purchase for a purpose that cannot be attributed to either a commercial or professional activity.

The online sales system, which presupposes active involvement on the part of the Customer, is regulated in accordance with the legislation on distance selling and, in particular, with Articles 49 et seq. of the Consumer Code (Legislative Decree No. 206 of 6 September 2005 and subsequent amendments and additions). The use of the distance selling process described in these general terms and conditions of sale is reserved exclusively for consumers as defined by Article 3 of Legislative Decree No. 206 of 6 September 2005 and only if the products are delivered within Italian territory (hereinafter referred to for brevity as the "Customer" or "Customers").

1. Scope of Application

1.1 These general terms and conditions of sale (hereinafter referred to as "GTC") apply to all sales of products concluded at a distance through the website https://www.memorysltd.com/ (hereinafter referred to for brevity as the "Site"), owned by SWEET WATER S.r.l., with registered office at Via Donato Bramante 34, 60041 Sassoferrato (AN), Tax Code and VAT No. 02753650429, Tel: +39 0731 081962; E-mail: eshop@memorysltd.com

1.2 These general terms and conditions must be carefully reviewed by the Customer before completing the distance purchase procedure for the product indicated above. It is understood that placing a purchase order through the Site implies total and absolute knowledge of these general terms and conditions of sale and their full acceptance: the Customer, by placing the purchase order through the Site, unconditionally accepts and undertakes to comply, in their dealings with SWEET WATER, with these general terms and conditions of sale, as well as with the payment conditions set out below, declaring that they have reviewed and accepted all the information provided to them.

1.3 These general terms and conditions are to be considered applicable and in force as long as they are published on the Site. Any changes to these general terms and conditions of sale will be published on the site and the new general terms and conditions of sale will apply exclusively to orders placed from the day of their publication. Any derogations from these general terms and conditions will only be effective if agreed in writing between the parties.

1.4 These general terms and conditions apply regardless of the Customer's nationality and regardless of the place of shipment of the Product(s).

2. Country of Shipment

2.1 The purchase of the Products through the Site is possible if the shipment takes place in Italy or in countries within the European Union.

2.2 Any changes to the list of Countries referred to in Article 2.1 will be published on the site and will apply exclusively to orders placed from the day of their publication.

3. Information Regarding the Seller

3.1 SWEET WATER S.r.l., with registered office at Via Donato Bramante 34, 60041 Sassoferrato (AN), Tax Code and VAT No. 02753650429, is the owner of the Site.

4. Information Regarding the Product

4.1 The information relating to the products available for distance sale through the Site is provided in accordance with the laws in force and, in particular, with Articles 49 and 51 of the Consumer Code.

5. Product Order and Conclusion of the Contract

5.1 The presentation of the products on the Site constitutes an offer to the public pursuant to Article 1336 of the Italian Civil Code. The Purchase Order is considered placed at the moment of the validation "click" by the Customer. Upon receipt of the order, the Seller will send the Customer an email containing the order number and information regarding the ordered products, the details of the price of each product, the shipping address as well as the payment methods and indicative delivery times. This email does not constitute acceptance of the Customer's purchase proposal, but solely confirms receipt of the order. Upon receipt of the Customer's order, SWEET WATER will verify the availability of the ordered products as well as the accuracy of the information provided by the Customer. Please note that at the shipping stage the Seller carries out a further check on both the quality and the actual availability of what has been ordered, and therefore reserves the right to cancel the order or part of it in the event that defects in the conformity of the ordered Products are found, or in the event that said Products are no longer available. In such cases, the Seller will refund the amount paid by the Customer within 72 hours.

5.2 The order can be placed through the Site, by selecting any image of the product presented therein and in any case following the steps and instructions specified on the site itself. To make any changes and/or corrections to the order, the Customer must follow the relevant instructions contained on the Site.

5.3 To finalise each order, the Customer is required to confirm the financial transaction concerning the payment of the price of the Products added to the cart; to this end, at the end of the procedure for selecting the Products and confirming the Customer's details, the Site redirects the Customer to the page of the payment system that handles the financial transaction.

5.4 The Seller has the right not to accept the order in the event that payment authorisation is not granted by the relevant credit card provider or other electronic payment system. In any case, orders that do not register the corresponding financial transaction are automatically cancelled.

5.5 The Customer's order may be rejected in the event of an error in the information provided by them, in the event of a subsequent shortage of available products, in the event that insufficient guarantees of solvency are detected, if the order does not correspond to normal consumption needs (a requirement that applies both in relation to the number of products purchased within a single order and in the case of a plurality of orders relating to the same product, even in the case where each order includes a quantity of products corresponding to normal consumption needs), or due to force majeure. The inability to process the order will be communicated by the Seller within 10 days following receipt of the order itself; this communication will be followed by the release of the amount reserved for payment.

5.6 The Customer is, in any case, always required to retain the order number communicated to them by the Seller by email, as this must be indicated in any communication with the Seller. The Customer also undertakes, once the online purchase procedure has been completed, to retain a copy of the General Terms and Conditions, which they will in any case have already reviewed and accepted, as a mandatory step in the purchase procedure.

6. Choice and Availability of Products

6.1 The Products offered for sale through the Site are identifiable as the items included in the catalogue published on the Site at the time the order is placed by the Customer.

6.2 The Products catalogue may be periodically updated by the Seller, who therefore provides no guarantee regarding the continued availability of any product among those available online; under no circumstances does the Seller guarantee the availability of all sizes/versions/colours for each product in the catalogue.

6.3 In the catalogue, each product is accompanied by a descriptive sheet illustrating its main characteristics; however, the images and colours of the Products shown in the descriptive sheets may not faithfully correspond to the actual ones, due to the settings of the IT systems or devices used by the Customer to view the Site. Therefore, the published images are to be considered indicative and subject to normal tolerances.

6.4 If, although selectable through the order form, the chosen product is not available, the Seller will promptly notify the Customer by email, proposing the termination of the sales contract, and the consequent refund of the price, including any shipping costs, if applied, where already paid.

7. Product Prices

7.1 The price of the product published on the Site refers to the single item, VAT included. The VAT rate is 22% and is calculated on the sum of the product price and shipping costs, as detailed in Article 9.2. Payment will be made in Euros.

7.2 The prices indicated in the online catalogue may be subject to change without prior notice. It is therefore the Customer's responsibility to ascertain the final price before submitting the purchase order.

8. Payment Methods

8.1 Payment by the Customer may be made using the following methods:

• Credit card. The following credit cards are accepted: MasterCard; Maestro; Visa; Visa Electron; American Express; Aura; Discover. At the time of purchase, Customers enter their credit card details into the electronic payment system managed by Stripe.

• Cash on delivery. By choosing the "Cash on delivery" payment method, the Customer must make the payment solely and exclusively in cash to the courier at the time of delivery. In this case, the sale price will be subject to a surcharge of 2% of the order value, with a minimum cost of €4.

8.2 The conclusion of the order procedure will be considered effectively completed, following the completion of the payment operations, once the Customer is redirected to the page of the Site confirming the acceptance of the order.

9. Delivery, Shipping Costs and Other Charges

9.1 The delivery of the products is carried out exclusively and directly to the address indicated by the Customer only after the order payment has been duly completed. The Site allows the Customer to request the delivery of the Products to an address different from their own place of residence, provided that it is within Italian territory. In any case, it is the Customer's responsibility to indicate all the references necessary for the successful completion of the delivery, including, necessarily, an active telephone number in order to receive communications regarding the delivery from the appointed Courier (for example, if it is a third party's address, to specify the name shown on the doorbell/intercom at which the delivery should be made).

9.2 Standard shipping costs are fixed and amount to €9.00, VAT included, while no shipping costs are charged to the Customer for orders with a total value exceeding €200.00 VAT included. Said costs and any additional charges are borne by the Customer. The relevant amount will be expressly and separately indicated in the order summary before the Customer proceeds with its submission, as well as in the order confirmation email referred to in Article 5.6. The Customer may also choose to collect the order at the Seller's retail store located at Via Aristide Merloni 38, 60030 Serra de' Conti (AN), with no shipping costs.

9.3 Delivery times for the Products vary depending on the destination address and the shipping methods chosen. Delivery is expected within 1 to 7 business days in Italy and within 5 to 10 business days in European Union countries. In any case, in compliance with the provision contained in Article 61 of the Consumer Code, the delivery of the products will take place within and no later than 30 days from the day on which the Customer submitted the order.

9.4 In the event that the recipient or another person authorized to receive the shipment is unavailable at the first delivery attempt, the courier will make a further delivery attempt the following day. If the second attempt is also unsuccessful, the courier will leave a paper notice containing their contact details and the pick-up point where the products can be collected. It is necessary to provide, at the time of ordering, a valid email address for any communications regarding the delivery status. If the Customer does not collect the products from the pick-up point within 7 days, the ordered products will be returned to the warehouse and the storage and return costs will be deducted from the order refund to the Customer. Customer Service will contact the Customer to agree on whether to proceed with a new shipment of the ordered products or to issue a refund of the relevant payment, net of the expenses incurred for storage and return, as specified above.

9.5 Delivery of the Products is deemed completed at the moment when the Customer, or the third party designated by them and other than the carrier, physically takes possession of the goods; from that moment, as provided by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the Customer.

10. Customer's Obligations upon Delivery

10.1 The Customer acknowledges that the collection of the Products represents an obligation arising from the sales contract concluded with the Seller.

10.2 In the event of non-delivery due to the unavailability of the recipient, and in the event that the Customer does not proceed to collect the shipment from storage as provided for by the procedure referred to in Article 9.4 above, the package will be returned to the Seller, with a cash refund to the Customer equal to the price of the products, net of the storage and return costs incurred by the Seller, in accordance with the methods referred to in the following Article 12.

10.3 In the event of non-delivery attributable to the Carrier (e.g., loss of the package), the Seller will refund the total amount paid by the Customer for the Products. The refund will be issued using the same payment method as the received order.

10.4 Upon receipt of the Products, the Customer is required to verify their conformity with the order placed, paying particular attention to ensure that:

• the number of packages indicated on the carrier's waybill corresponds to the number of packages actually delivered;

• the packaging is intact, not damaged, nor tampered with.

Any anomalies (such as, for example, tampering or damage to the packaging) must be specifically indicated in writing directly on the courier's transport document, and the Customer must refuse the delivery. At the same time, the Customer shall be required to report the matter to the Seller's Customer Service through the dedicated section. The Customer is therefore invited to sign the transport document only after the checks referred to in this article have been carried out.

If the Customer does not proceed in accordance with the points above, and therefore accepts the delivery of the Products even in the case of damaged or tampered packaging, they shall forfeit the legal guarantee of conformity of the Products.

11. Right of Withdrawal

11.1 The Customer may exercise the right of withdrawal provided for by Article 52 of the Consumer Code within 14 (fourteen) calendar days from the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods.

11.2 In the case of multiple goods ordered with a single order and delivered separately, the term referred to in Article 11.1 shall start from the day on which the Customer, or the third party other than the carrier and designated by the Customer, takes physical possession of the last item. Likewise, in the case of delivery of a good consisting of multiple lots or pieces, the term referred to in Article 11.1 shall start from the day on which the Customer, or the third party other than the carrier and designated by the Customer, takes physical possession of the last lot or piece.

11.3 Within the term referred to in Article 11.1, the Customer must inform the Seller of their decision to exercise the right of withdrawal from the contract. The Customer may contact Customer Service by filling out the relevant form available on the portal to initiate the return procedure, or submit another explicit declaration to be sent to the email address eshop@memorysltd.com

11.4 The Customer must return the Products without undue delay and, in any case, within 14 (fourteen) days from the date on which they communicated to the Seller their decision to withdraw from the contract, by shipping them to SWEET WATER S.r.l., at the operational headquarters in Via Aristide Merloni 38, 60030 Serra de' Conti (AN), Tax Code and VAT No. 02753650429. Solely for the purpose of complying with the return deadline, the Products are considered shipped at the moment they are delivered to the accepting post office or to the courier. For the return of the Product, the Customer may use the postal service or a carrier of their choice. The return shipping costs shall be borne exclusively by the Customer.

11.5 As provided for by Article 57 of the Consumer Code, the Customer is liable if the returned products are damaged, incomplete, deteriorated and/or used in a manner that does not comply with normal diligence. A good is considered to have been used beyond normal diligence in the case of use beyond what is necessary to establish its nature, characteristics and functioning (e.g. in the case of removal of the labels, or if the garment has been worn and not merely tried on). It is possible to return an item purchased on the Site only if in the same conditions in which it was received. The Customer must therefore ensure that:

• the item has not been used or damaged during fitting;

• the item has not been soiled or washed;

• the item retains all hang tags, labels, the guarantee seal placed on the garment at the time of quality control, and the original finishes;

• the item has not undergone any modifications.

In particular, all types of items contained in their original box (for example shoes or small accessories) must be returned inside the original packaging, which is considered an integral part of the item.

In the event of the return of an item that is damaged, incomplete, deteriorated and/or in conditions of use that do not comply with normal diligence, without prejudice to the right of withdrawal, the Customer will be charged the amount corresponding to the decrease in value of the good. In such cases, the Seller will promptly notify the Customer of the damages and non-conformities detected upon receipt of the items. The amount charged to the Customer, which in any case cannot exceed the price paid for the purchase of the item, will be deducted from the refund due to the Customer.

12. Refund for Returned Items

12.1 If the Customer requests the return of the product, the Seller will refund the purchase price in cash pursuant to Article 7.1 for the returned products, net of any additional shipping costs pursuant to Article 56, paragraph 2, of Legislative Decree 206/2005 and of the cost relating to the cash-on-delivery payment method.

12.2 In the case of payment made by credit card, SWEET WATER will issue this refund using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly agreed with the Customer on another means of payment. In the case of payment made by cash on delivery, SWEET WATER will issue the refund by bank transfer using the details provided by the Customer. For this purpose, the Customer authorizes SWEET WATER to retain their bank details and payment data for the time necessary to exercise the right of withdrawal.

12.3 If the Customer has placed a multiple order and requests a partial return, the Seller will refund the purchase price in cash plus VAT at the rate of 22% of the returned product(s), net of standard shipping costs or of any additional shipping costs pursuant to Article 56, paragraph 2, of Legislative Decree 206/2005 and of the cost relating to the cash-on-delivery payment method.

13. Items Not Ordered, Damaged or Different from the Order

13.1 We wish to inform Customers that SWEET WATER subjects its Products and the materials with which they are packaged to strict quality controls, guaranteeing their marketing in perfect condition. In addition, for greater protection of those who make distance purchases, every single garment shipped by the Seller is inspected before shipment. SWEET WATER adopts the highest photographic standards so that on the Site the rendering of the colours of the garments is as close as possible to how they appear in real life. Possible variations due to the technical characteristics and colour resolution of the Customer's computer are not excluded. SWEET WATER is consequently not responsible for any inadequacy in the photographic representations of the products due to the aforementioned technical reasons. In such cases, the Customer may only return the product within the terms of the withdrawal period referred to in Article 11.

13.2 In the event of receipt of a product different from the one ordered, the Customer may return the product within the terms of the withdrawal period referred to in Article 11.

14. Replacement of Products

14.1 It will not be possible to request replacements for size or colour. The Customer must therefore proceed with the return request, at the end of which they will receive the refund on the payment method used at the time of purchase. Subsequently, they may make a new purchase, after having checked the availability of the desired Products on the Site.

15. Conformity – Warranty

15.1 With regard to the warranties of conformity of the purchased product, for the sale of SWEET WATER products regulated by these general terms and conditions, the Customer is entitled to the legal warranties provided for by Articles 129 and 130 of the Consumer Code.

15.2 SWEET WATER is liable for any lack of conformity, already existing at the time of delivery of the products, which becomes apparent within two years of delivery.

15.3 Any complaints of non-conformity must be communicated in good time to SWEET WATER together with a description of the non-conformity.

15.4 For faster handling of the complaint, the Customer may also report the non-conformity by requesting an immediate return in accordance with the methods previously described in Article 11.

15.5 In the event of receipt of a non-conforming product or of a product different from the one ordered, the Customer must make the product in question available to SWEET WATER, and it must bear the numbered guarantee seal intact and not removed, as placed on the garment at the time of the quality control prior to shipment.

15.6 The Customer is entitled to the restoration, at no cost, of the conformity of the non-conforming products through replacement. Under no circumstances may requests for tailoring alterations to the purchased garments be fulfilled, as these are excessively burdensome for SWEET WATER. Likewise, any costs that the Customer may have incurred to independently carry out adjustments and/or tailoring alterations to the purchased garments will not be reimbursed, and therefore will remain the exclusive responsibility of the customer themselves.

16. Complaints – Communications – Information

16.1 For any information or complaint, or for any communication relating to these general terms and conditions of sale, to orders and/or to products, the Customer may contact the following details: E-mail: eshop@memorysltd.com – Telephone: +39 0731 081962. All communications which, pursuant to the General Terms and Conditions, are made by email will be sent to the email address provided by the Customer at the time of Login or to the email address appearing as the sender of the message.

16.2 Please note that, should the Customer decide to use any other channel or form of communication (by way of example: ordinary mail, fax, calls to a paid telephone number in any case attributable to SWEET WATER, etc.) instead of those described above, SWEET WATER shall not be obliged in any case to reimburse the expenses that may be incurred by the Customer for the use of such means of communication.

17. Provisions Regarding Privacy and the Protection of Personal Data

17.1 The collection and processing of data is carried out for the management and execution of present and future purchase orders, and in particular for the fulfilment of the obligations arising from these General Terms and Conditions of Sale. A copy of the Privacy Policy can be found on the Site.

18. Force Majeure

18.1 The performance of services by SWEET WATER may be suspended in the event of the occurrence of an event of act of God or force majeure that prevents or delays its execution. Such events are considered to be events beyond the control of SWEET WATER, which the latter could not reasonably have expected at the time of the conclusion of the sales contract, such as, for example but without limitation, war, riots, insurrections, strikes and supply problems of SWEET WATER attributable to third-party suppliers. SWEET WATER will inform the Customer of the occurrence of the act of God or force majeure within 7 (seven) days of its occurrence. In the event that the suspension of performance extends for a period of more than 15 days, the Customer will have the option of cancelling the order placed and will be refunded the amounts already paid.

19. Applicable Law and Jurisdiction

19.1 These general terms and conditions of sale are governed by Italian law and, in particular, by the Consumer Code, Chapter I "On consumer rights in contracts" – as amended by Legislative Decree No. 21 of 21 February 2014 – with specific reference to the legislation on distance contracts and to Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce.

19.2 For any dispute that may arise regarding the interpretation of the General Terms and Conditions and the execution of the contract concluded pursuant thereto, the Court of the place of residence or domicile of the Customer shall have jurisdiction, where the Customer is a consumer residing or domiciled in Italian territory. If the Customer is not resident or does not have their domicile in Italian territory, for any dispute that may arise between the Seller and the Customer regarding the interpretation of the General Terms and Conditions and the execution of the contract concluded pursuant thereto, in the case of an action brought by the Seller, the latter may choose between the Court of Milan and the Court of the place of residence or domicile of the Customer, alternatively between them; in the case of an action brought by the Customer, the Court of Ancona shall have exclusive jurisdiction.

19.3 It is also made known that, in the case of disputes arising from the General Terms and Conditions of Sale between SWEET WATER and customers resident in the EU, the European Commission provides a platform for the out-of-court alternative dispute resolution, accessible on the website http://ec.europa.eu/odr.