Definitions

To ensure full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meanings indicated below:

  • Owner: Outside The Box S.r.l., with registered office at Via Orcagna 47, 50121 Florence, VAT Number 06969740486, REA: FI – 669971, PEC: posta@pec.outsidetheboxsrl.it.
  • Application: the website www.shyrt.com.
  • Products: the tangible products sold by the Owner, such as shirts, clothing accessories, bags, jewelry, scarves, etc.
  • User: any individual who accesses and uses the Application.
  • Consumer User: any adult natural person who enters into a contract for purposes unrelated to their business, commercial, craft, or professional activity.
  • Professional User: any adult natural person or legal entity who enters into a contract for the performance of or requirements related to their business, commercial, craft, or professional activity.
  • Terms and Conditions: this contract that governs the relationship between the Owner and the Users and the sale of Products offered by the Owner through the Application.

Detailed Information on the Application's Offer

The Application allows Users to view and purchase the Products displayed, receiving them directly at the shipping address provided, after completing the order form and paying the indicated price, net of any discounts or promotions.

Scope of Application of the Terms and Conditions

Use of the Application implies acceptance of the Terms and Conditions by the User. If the User does not intend to accept the Terms and Conditions and/or any other notices, legal notices, or information published or referred to herein, they will not be able to use the Application or its services.

The Terms and Conditions may be modified at any time. The applicable Terms and Conditions are those in effect on the date the purchase order is transmitted or a request for the supply of a Product is made. Before using the Application, the User is required to carefully read the Terms and Conditions and save or print them for future reference.

The Owner reserves the right to change, at its sole discretion, the graphical interface of the Application, the content and its organization, as well as any other aspect that characterizes the functionality and management of the Application, notifying the User where necessary.

Loyalty Points Program

The Owner offers a Loyalty Points Program that allows registered Users to accumulate points for every purchase made through the Application. Points are awarded as follows: €1 spent = 1 point. In the event of a product return, order cancellation, or any other form of transaction annulment, the points previously credited in relation to such operations will be deducted from the User’s account.

Eligibility: Points are only awarded to Users who already have an account with the Application or who register an account at the time of placing an order. Users who do not create an account will not be eligible to earn or redeem points.

Point Usage: Accumulated points can be used as a discount on subsequent orders, provided that the User has accumulated at least 100 points, with a conversion value of 1 point = €0.02. Points awarded in relation to a purchase may be used starting from the next order. It is also possible to convert points into a discount voucher, which can be transferred to third parties.

In the event of a return of a product for which points were used, the points will be re-credited to the User’s account.

Non-Convertible: Loyalty points cannot, under any circumstances, be converted into cash and may only be used on the Application www.shyrt.com and exclusively within that context. Points do not have an expiration date and may be awarded based on specific events, such as the User’s birthday, total cart value, total purchases made, or arbitrarily by the site administrators.

Misuse: In all cases of improper or fraudulent use of the Loyalty Points Program, the User may lose all accumulated points, with prior notice and without any further communication from the Owner.

Purchasing Through the Application

All Products offered through the Application are described in detail on their respective product pages (quality, characteristics, availability, price, delivery times, shipping costs, additional charges, etc.). Some errors, inaccuracies, or minor differences between what is published on the Application and the actual Product may occur. Moreover, any images of the Products are only representative and do not constitute a contractual element.

Purchases of one or more Products through the Application are permitted for both Consumer Users and Professional Users. For natural persons, purchases are only allowed provided they are of legal age.

The offer of Products through the Application constitutes an invitation to make an offer, and the order submitted by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User’s order without the User being able to object or claim any rights for any reason.

The sales contract of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending an order confirmation to the email address provided by the User, which will include the order date, User details, product characteristics and availability, price or method of calculating the price, any additional charges and taxes, delivery address, delivery times, and any shipping costs, the procedure for exercising the right of withdrawal, or its possible exclusion, and the warranty.

The sales contract of the Products will not be considered effective between the parties without the foregoing.

If the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether they wish to confirm the order or not. It is understood that the contract will be deemed concluded regarding the Products accepted by the Owner.

The User undertakes to check the correctness of the data in the order confirmation and to promptly notify the Owner of any errors and will keep a copy of their order, the related confirmation, and the Terms and Conditions.

Prices, Payments, and Use of Loyalty Points

Product Pricing: The price of each Product is displayed inclusive of VAT, where applicable. If the nature of the Product makes it impossible to calculate the price in advance, the method of calculation will be indicated. Furthermore, all applicable taxes, additional costs, and delivery charges, which may vary depending on the destination, chosen delivery method, and/or payment method used, will be specified. If such charges cannot reasonably be calculated in advance, an indication of the charges that will be applied to the User will be provided.

Price Modifications: The Owner reserves the right to modify, at any time, the prices of Products and additional charges. Such modifications will not affect contracts already concluded prior to the changes.

Payment: The User may pay for the Product using the methods indicated on the Application. During the purchase process, the User may choose to use accumulated loyalty points as a discount, provided the conditions set forth in the Loyalty Points Program are met. The Application utilizes third-party tools for payment processing and does not come into contact with the payment data provided by the User.

Use of Loyalty Points: If the User opts to convert points into a discount voucher transferable to third parties, they must follow the procedures outlined on the Application. Points used for the purchase of a Product that is subsequently returned will be re-credited to the User’s account as per the Loyalty Points Program’s provisions.

Delivery Methods for Physical Products

Physical Products (including any tangible goods with digital elements) will be delivered to the address provided by the User, according to the methods and within the term chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms indicated in the order confirmation refer to the period usually required to deliver the Product from the moment the courier takes charge.

If it is not possible to supply the requested Products, prompt notice will be given to the User via email, indicating when it is expected to be able to deliver them or the reasons why the supply is impossible. If the User does not wish to accept the new term or delivery has become impossible, they may request a refund of the amount paid, which will be promptly credited using the same payment method used by the User for the purchase, at the latest within 14 days from the date the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to check its conformity with the order placed and the integrity of the packaging. If there are evident damages to the packaging and/or the Product, the User may refuse the delivery of the Product and return it without any cost to them. Once the delivery document is signed, the User cannot make any claim regarding the external characteristics of the delivered Products.

The Owner will not be liable to any party or third party for damages, losses, and costs incurred as a result of the failure to execute the contract due to force majeure.

Right of Withdrawal from the Purchase of Physical Products

Pursuant to Articles 52 and following of the Consumer Code, the Consumer User has the right to withdraw from the purchase contract of physical Products without any penalty and without specifying any reason within 14 days from the date of receipt of the Product.

Exclusions from the Right of Withdrawal: The right of withdrawal does not apply to Products that are personalized or custom-made according to the specifications provided by the Consumer User. This includes, but is not limited to, Products that have been altered, tailored, or produced specifically to the User’s requirements or specifications.

Notification of Withdrawal: To exercise the right of withdrawal for eligible products, the User must send a written communication to the PEC address posta@pec.outsidetheboxsrl.it or the email address support@shyrt.com, using the optional withdrawal form or any other written declaration.

Conditions for Return: In case of withdrawal for eligible products, the Consumer User is required to return the Product to the Owner without undue delay and in any event no later than 14 days from the date on which they communicated their decision to withdraw from the contract. The Product must be returned intact, unused, unwashed, and with all the original packaging and accessories included. Failure to meet these conditions will result in the withdrawal being deemed inadmissible.

Return Shipping Costs: The shipping costs for the initial delivery of the Product, as well as those for the return, shall be borne exclusively by the Consumer User. The return must be sent to the Owner’s registered office address: Outside The Box S.r.l., Via Orcagna 47, 50121 Florence. The Owner will not accept returns that have not been previously communicated in the manner specified above.

Refund Process: Upon receipt of the Product and verification of its compliance with the conditions described above, the Owner will refund the amounts paid by the Consumer User, using the same payment method used by the User for the initial transaction, within 14 days of receiving the returned Product. The Owner reserves the right to withhold the refund until the Product has been received or until the Consumer User has provided proof of having sent the Product back.

Product Warranty for Professional Users

In relation to physical Products, Professional Users will be granted the warranties for defects of the sold item, the warranty for defects of quality promised and essential, and the other warranties provided by the Civil Code, with the relevant terms, forfeitures, and limitations (Articles 1490 et seq. of the Civil Code).

Product Warranty of Conformity for Consumer Users

onsumer Users are granted the warranty of conformity, provided by Articles 129 and following of the Consumer Code, for all physical Products sold through the Application, with the exception of the exclusions provided by Article 128 of the Consumer Code. The Owner is liable to the Consumer User for any lack of conformity that becomes apparent within two years from delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have existed unless this presumption is incompatible with the nature of the Product or the nature of the defect of conformity.

If the Consumer User intends to avail themselves of the remedies provided by the conformity warranty, they must send a written communication to the email address support@shyrt.com or contact customer service at the number provided. The Owner will promptly respond and will indicate the procedure to follow. For matters not covered by this clause, the provisions of Articles 128 to 135-septies of the Consumer Code and the Civil Code on the formation, validity, and effectiveness of contracts, including the consequences of contract termination and the right to compensation, will apply.

Intellectual and Industrial Property Rights

All content of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and their adaptations are protected by copyright law and trademark protection law. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them on the Application. Except for strictly personal use, copying, altering, distributing, publishing, or using the Content without the specific authorization of the Owner is not allowed.

Exclusion of Warranty

The Application is provided “as is” and “as available,” and the Owner provides no explicit or implied warranty regarding the Application, nor does it guarantee that the Application will meet the needs of Users or that it will be uninterrupted or error-free or that it will be free from viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterrupted 24 hours a day, but cannot be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in case of system failure, maintenance, repairs, or for reasons beyond the control of the Owner or due to force majeure events.

Limitation of Liability

The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet beyond its control or that of its suppliers.

The Owner will also not be liable for damages, losses, and costs incurred by the User as a result of non-performance of the contract for reasons not attributable to it, having the User the right only to the possible refund of the full amount paid and any additional charges incurred.

The Owner does not assume any responsibility for any fraudulent or illegal use that may be made by third parties of credit cards or other payment methods, as it does not come into contact with the payment data used (credit card numbers, holder names, passwords, etc.).

The Owner will not be liable for:

  • any loss of business opportunity and any other loss, even indirect, possibly incurred by the User that is not a direct consequence of the breach of contract by the Owner;
  • incorrect or inappropriate use of the Application by Users or third parties;
  • the issuance of incorrect tax documents due to errors in the data provided by the User, who is solely responsible for their correct entry.

In no case shall the Owner be liable for an amount greater than twice the cost paid by the User.

Force Majeure

The Owner cannot be held responsible for the failure to fulfill or delayed fulfillment of its obligations due to circumstances beyond the reasonable control of the Owner caused by force majeure events or, in any case, by unforeseen and unforeseeable events and, in any case, independent of its will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur. The Owner will do everything in its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

Links to Third-Party Sites

The Application may contain links to third-party sites/applications. The Owner has no control over them and, therefore, is in no way responsible for the content of these sites/applications.

Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply, with respect to which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://www.shyrt.com/privacy-policy.

Applicable Law and Jurisdiction

The Terms and Conditions are governed by Italian law. For Professional Users, any dispute related to the Application, execution, and interpretation of these Terms and Conditions is subject to the jurisdiction of the court where the Owner is located. For Consumer Users, any dispute relating to the application, execution, and interpretation of these Terms and Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the Italian territory, without prejudice to the User Consumer’s right to refer the dispute to a different court than that of the “consumer’s forum” pursuant to art. 66 bis of the Consumer Code, competent for territory according to one of the criteria set out in articles 18, 19, and 20 of the code of civil procedure.

The application to Consumer Users who do not have their habitual residence in Italy of the provisions that are more favorable and mandatory provided by the law of the country in which they have their habitual residence is reserved, in particular concerning the term for exercising the right of withdrawal, the term for returning the Products, in case of exercising such right, the methods and formalities of the communication of the same and the legal warranty of conformity.

Online Dispute Resolution for Consumer Users

Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts of sale of goods and provision of services stipulated online.

Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the online contract concluded. The platform is available at the following link: ec.europa.eu/consumers/odr/.

Date: 04/28/2024