1. Online shopping: definitions and subject matter of the contract

1.1 The supplier of the products is Bros Manifatture s.r.l., hereinafter “the Company”, with registered office in Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy .
1.2 The term “Site” refers to the Internet site www.sagapo.it, reserved for the sale of Bros Manifatture S.r.l. products.
1.3 “On-line” sales contract means a remote contract, i.e. a legal transaction involving movable goods and/or services concluded between a supplier, Bros Manifatture s.r.l., and a consumer, the customer, under a remote sales system organised by the supplier, which, for this contract, uses only remote communication technology – known as “internet”.
1.4 All contracts, therefore, will be concluded directly through the consumer’s access to the website corresponding to the address www.sagapo.it where, following the indicated procedures, the contract for the purchase of the goods will be concluded.
1.5 A consumer is a natural person who purchases goods and services for purposes not directly related to their professional activity.
1.6 The term “Order” refers to the request form for the products on sale, filled in by the Customer via the website. The “Products” are the goods on sale on the website, on the basis of the general conditions of sale. The “Price” is the consideration for the sale of the products.
1.7 The “Parties” are “Bros Manifatture S.r.l.” hereinafter “the Company” and the purchaser hereinafter “the Purchaser” or “the Customer”.

2. Applicable regulations

2.1 Purchases made on the www.sagapo.it website are governed by these General Terms and Conditions of Sale, as well as by the conditions indicated from time to time on the aforementioned website on the date of stipulation of the contract (price list, type, technical characteristics), and also by the provisions of Legislative Decree No. 206/2005 on consumer protection (Art. 45 – 68 on remote contracts and Art. 128-135 on the guarantee of conformity of goods), and finally by the provisions of Legislative Decree No. 70/2003 on electronic commerce.
2.2 These General Terms and Conditions of Sale are to be considered an integral and substantive part of the contract: we therefore invite the Customer, before sending their order, to read these General Terms and Conditions of Sale and the information described herein carefully, printing them or saving them on another lasting medium accessible to them.
2.3 The placing of an order by the Customer constitutes acceptance of the General Terms and Conditions of Sale in force, which are understood to be those published on the website www.sagapo.it at the time the Customer sends their order.
2.4 Items on the website may only be purchased, while stocks last, by persons aged 18 or over.

3. Customer obligations

3.1 Once the online purchase procedure has been completed, the Customer undertakes to print and keep these general terms and conditions, which, moreover, they will have already read and accepted as a compulsory step in the purchase, as well as the specifications of the product purchased.
3.2 These terms and conditions may be updated or amended at any time by the Company, which will notify the customer by posting a notice on the website. Whenever there is a change in these general conditions, the consumer undertakes and is obliged to ensure that they are printed and kept.
3.3 The purchaser is forbidden to enter false and/or invented and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and related further communications; the personal data and e-mails must be exclusively their own real personal data and not third party or fictitious data.
3.4 It is expressly prohibited to make duplicate entries corresponding to one person or to enter the data of third parties.
3.5 The Company’s management reserves the right to prosecute any violation or abuse in the interest and for the protection of all consumers.
3.6 The Customer indemnifies the Company against any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, the Customer being the sole subject responsible for the correct entry of such data.

4. Prices

4.1 The prices shown on the www.sagapo.it website are in euros, include VAT and all other taxes and duties, and refer solely to products sold online.
4.2 The price applied will be the price in force at the time of the order, irrespective of any subsequent price increases or decreases (e.g. due to promotions at a later date).
4.3 The Company reserves the right to change the prices of the products without prior notice: any new amounts will be in force from the moment they are published on the website www.sagapo.it and will be applied to sales made from that moment.
4.4 Shipping costs must be added to the price: these costs will be calculated according to the weight and quantity of the products and according to the destination of the order; in the event of delivery abroad, any additional costs due to taxes or duties provided for by the regulations in force in the country of destination will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before you proceed to confirm your purchase.
4.6 Fiscal documentation will be issued by the Company at the time of delivery of the products: it will indicate the products purchased and their prices in detail

5. Product features and availability

5.1 The characteristics of the products are those visible online at the time the order is placed.
5.2 The Company displays the products as truthfully and accurately as possible; however, the colours, as well as the other aesthetic characteristics of the product displayed may vary due to the user’s monitor, as well as for other technical reasons beyond the control of the Company, which therefore does not guarantee that the colours, as well as the other technical and aesthetic characteristics displayed, will be reproduced on the screen in a way that perfectly corresponds to reality.
5.3 The type of products published online and their availability (which is not binding) may change at any time without any liability on the part of the Company.
5.4 The Bros Manifatture s.r.l. computer system is designed to guarantee the immediate execution of orders and to avoid unnecessary waiting time for the customer; in fact, it indicates the physical availability of the product in its electronic catalogue in real time. If an order exceeds the quantity in stock, the company management will inform the purchaser whether or not the product is available in the future; if so, the system allows only the quantities in stock to be taken “to the checkout”, purchased and received within the set time.

6. Contract conclusion and orders6.1 The purchase contract is concluded exclusively online, by means of the exact filling out of the order and the consequent consent to the purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and is obliged, once the on-line purchase procedure has been completed, to print and keep these General Terms and Conditions of Sale as well as the specifications of the product purchased provided on the site.
6.3 Upon receipt of the order, the Company will send the Customer an e-mail confirming the order within the subsequent 3 to 5 working days, summarising the details of the order: the Customer is requested to print the e-mail and keep it.
6.4 The contract will be concluded when the Customer receives the order confirmation.
6.5 If the Customer does not receive an order confirmation within the above-mentioned period, the relevant order will be deemed not to have been accepted by the Company and will therefore have no effect.
6.6 Orders received will be stored in the database of the online “shop”, in accordance with the procedures and in compliance with the provisions of the Privacy Policy and will be accessible upon request made to the Company at the following e-mail address shop@sagapo.it.

7. Payment Methods7.1 Upon receipt of the order confirmation from the Company, the Customer may pay using the following methods, indicating the order number in the reason for payment;
– Credit card: during the purchase process choose the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura and JCB) and enter the required data. The amount will be charged at the time of payment.
– PayPal: to buy online, without having to enter your credit card details or bank account details on the site. The account is debited upon completion of the order. If you are already registered with PayPal, log in with your account credentials, otherwise to register a new PayPal account, visit paypal.com.
– Scalapay: when you confirm your purchase, you will be redirected to Scalapay, where you will have to log in or create a profile in order to pay the first instalment (one third of the total value of your order). The next 2 instalments will be charged in the next 2 months.
7.2 As orders may only be placed by persons of adult age, the Company will not be liable for orders placed by minors without parental permission.
7.3 The order is shipped upon receipt of payment and according to the timeframe set out in the shipping policy.

8.Payment security

8.1 The payment transaction takes place on a secure page, which uses SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions, and the related monetary transactions take place via the Nexi payment gateway.
8.2 In order to protect the Customer’s credit card purchases, they will be asked to enter their CVV code with each order. Thanks to this security system, the Customer’s credit card data will be totally unreadable to third parties.

9. Shipping and Delivery
9.1 The Company is not obliged to ship the products until it has received full payment of the price.
9.2 The Company guarantees delivery within 3-5 working days for orders placed from Monday to Friday before 3:30 PM. Working days are Monday to Friday.
9.3 For Basilicata, Campania, Calabria, Puglia and the islands, delivery may take an additional day.
9.4 Deliveries take place during office hours from Monday to Friday, excluding public holidays. The courier will make 3 delivery attempts; after the third, the order will be held at the depot.
9.5 All orders are processed automatically, and we are unable to change shipping and delivery times.
9.6 Bartolini and Poste Italiane/SDA are the authorized couriers for Company shipments.
9.7 Shipping is free for orders over €39; for smaller orders, the shipping cost is €4.50.
9.8 The Customer will be kept updated throughout the transaction. Upon placing the order, they will receive a summary order confirmation email. When the package leaves the warehouse, the Customer will receive a tracking code for the order and a web address where they can track the delivery status of their shipment online and find out the estimated delivery date.
9.9 If the Customer's details provided in the order are incomplete or incorrect (making delivery impossible), it will be the Customer's responsibility to verify their completeness and accuracy through the order confirmation received via email and to contact the Company at shop@sagapo.it.
9.10 The Company will not be responsible for any delays attributable to the courier's fault.
Upon receipt of the product, the Customer, or an authorized person, is invited to check:

• that the package is intact, undamaged, not wet, or otherwise altered, including its closure: any complaints must be reported to the courier and recorded at the time of signing for collection using the words "Received subject to inspection"; otherwise, the package will be considered correctly delivered;
• that the products correspond to what is indicated in the transport document and/or invoice, both in number and type; any complaints must be reported to the courier and recorded at the time of signing for collection using the words "Received subject to inspection"; otherwise, the contents of the package will be considered free from defects.

10. Contract Termination and Express Termination Clause

10.1 The Company has the right to terminate the contract by simply notifying the Customer with adequate and justified reasons, in which case the Customer will only be entitled to a refund of any sum already paid.
10.2 The obligations assumed by the customer under Art. 3 (Obligations of the Customer), as well as guarantee of successful completion of the payment that the Customer makes by the means referred to in Art. 7, are of an essential nature, so that, by express agreement, failure by the Customer to comply with any one of these obligations will result in the legal termination of the contract under Art. 1456 of the Civil Code, without the need for a judicial decision, and without prejudice to the Company’s right to take legal action for compensation for further damage.
10.3 The Company reserves the right, as a result of any logistical and/or technical and/or organisational difficulties, to cancel the order by notifying the Customer by e-mail within 30 days, starting from the day after the Customer sent the order: in this case the Customer will not be entitled to any compensation for damage, without prejudice to the right to a refund of any amount already paid.

11. Right of Withdrawal, Complaints, and Requests for Product Replacement

11.1 For the Company, customer satisfaction is the foundation of everything. If, for any reason, you are not fully satisfied with your purchase, you may return the order within 30 days from the delivery date and receive a refund for the returned products. The right of withdrawal is reserved exclusively for natural persons acting for purposes not directly related to any professional activity they may carry out. Therefore, resellers and companies are excluded from this right.
11.2 Returned items must be in perfect condition, showing no signs of use, in their original packaging, and ensuring that labels have not been removed, within 14 days from the date the notice of withdrawal was sent.
11.3 The Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or their designated representative for receiving the Products) takes physical possession of the Products or, in the case of split deliveries, from the day on which the Customer takes physical possession of the last Product.
Within the period specified in the preceding Article 11.3, the Customer may initiate the return process through the following methods:
-by clicking here; or
-by selecting "Return item" from the Customer account; or
-by contacting customer support.
Within 14 (fourteen) from the date the notice of withdrawal was sent (transmitted in accordance with the preceding Article 11.3), the Customer must return the purchased Products to Bros Manifatture S.r.l. by dropping them off at the nearest post office. The Customer must use the shipping method specified in the online return procedure or in the instructions received via email. Unless otherwise indicated on the Website, the costs for returning the Products to Bros Manifatture S.r.l. shall be borne by the company. Products must be returned intact, unused, undamaged, and with the labels still attached. The Customer is solely liable for any diminished value of the Product resulting from handling the Product other than what is necessary to establish its nature, characteristics, and functioning.
Package Preparation:
Once the online procedure is completed, the Customer will receive a confirmation email with detailed instructions and the shipping label.
The Customer must:
- print the return email and the shipping label received;
- place the products in the package, preferably using the original packaging, including the printout of the email inside;
- carefully seal the package and apply the shipping label to the outside in a clearly visible position;
- deliver the package to the nearest post office.

Bros Manifatture S.r.l. will provide a full refund of the amounts paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date it receives the returned Products or from the moment the Customer provides proof of having sent the Products back, whichever occurs first. This refund will be issued using the same payment method used by the Customer for the initial transaction.
Products purchased on the Website may be returned, within the period specified in Article 11.3, according to the procedures indicated in the return process. The refund will be processed according to the procedure set out in Article 11.3.
11.4 Any complaints may be submitted via the appropriate contact form on the website or by email addressed to S’Agapõ Customer Service – Bros Manifatture s.r.l., Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy.

12. Refund

12.1 The refund of the amount spent depends on the payment method chosen during purchase:
– payment via PayPal, the reversal will be made directly via PayPal;
– payment by Credit Card;
– payment via Scalapay.
12.2 The refund cannot be made to cards other than those used for the purchase.
12.3 The Company will process the refund for the cost of the shipped goods, within the legal timeframe (30 days), only after receiving the goods and verifying that all requirements have been met.

13. Warranties and Liabilities

13.1 The Company assumes no responsibility for disruptions attributable to force majeure and/or unforeseen circumstances such as accidents, thefts and/or robberies of the courier in charge of delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that totally or partially prevent the execution of the contract within the agreed times and methods.
13.2 The Company will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the consumer being entitled only to the return of the price paid.
13.3 Similarly, the Company is not responsible for any fraudulent and unlawful use that may be made by third parties at the time of payment for the products purchased.
13.4 The Company guarantees the products against any defects. Should the Customer nevertheless find a defect in the purchased products, they must report it within two months from the date on which they discovered the defect (Article 132 of Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is granted the consumer rights referred to in Article 130 of Legislative Decree 206/2005; these rights must be exercised within the terms referred to in Article 132 of the same Legislative Decree 206/2005.

14. Limitation of Liability

14.1 The Company shall not be liable if, due to unforeseeable circumstances or force majeure, it is unable to execute the order within the timeframe specified in the preceding article 6.3 or if any further service disruption occurs.
14.2 The Company shall not be held liable to the Customer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet and beyond the Company's control and management.
14.3 The Company shall also not be liable for damages, losses, and costs incurred by the Customer as a result of the non-execution of the contract due to causes not attributable to the Company, with the Customer being entitled only to a full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent or illegal use by third parties of credit cards, cheques, and other means of payment when paying for purchased products, provided it demonstrates that it has taken all possible precautions based on the best science and experience available at the time.

15. Applicable Law – Competent Court

15.1 Contracts entered into with the Company are deemed to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of purchase contracts concluded "online" through the website www.brosway.com is subject to Italian jurisdiction.
15.2 These general conditions refer, where not expressly provided herein, to the provisions of the Consumer Code.
15.3 For any dispute between the parties regarding this contract, the competent court shall be that in whose district the consumer has their residence or domicile, if located within the territory of the Italian State;
15.4 In all other cases, territorial jurisdiction shall lie exclusively with the Court of Fermo, excluding any concurrent jurisdiction.

16. Authorizations

16.1 By completing the personal data form in the purchase procedure, which is necessary to activate the process for the execution of this contract and related further communications for the Customer, the Customer authorizes "Bros Manifatture s.r.l." to communicate personal data (as defined ex art. 7 GDPR 2016/679) to trusted couriers and/or shippers for the delivery of purchased goods, in order to allow the necessary delivery procedures.

17. Privacy Policy

For the Privacy Policy, please refer to the following link

18. Copyright

Trademarks, logos, and other distinctive signs present on the website belong to their respective owners. The use of trademarks, logos, and other distinctive signs, including their reproduction on other websites by unauthorized third parties, is prohibited. The contents of the website are protected by copyright (texts, images, and graphics).

19. Agreement

19.1 This Contract supersedes all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties with respect to the subject matter of the Contract, together with the order, the general terms and conditions relating to the use of the site and the terms and conditions relating to the registration service. Any variation or modification of the Contract must be accepted in writing by both parties.

20. Communications

20.1 All communications between the parties must be in writing and sent to the other party's address indicated in the contract and the order. Communications sent to the other party's email address, indicated on the website and in the order, are also considered to be in writing.
20.2 Communications regarding the validity or existence of this agreement must be delivered exclusively by hand or sent by registered mail with return receipt.

21. Invalidity and/or Ineffectiveness

21.1 The invalidity and/or ineffectiveness, including subsequent invalidity, of one of these conditions shall not prejudice the validity or effectiveness of the others. Any condition that is found to be or becomes invalid or ineffective, in whole or in part, for any reason: (a) shall be deemed severable from the context of these terms and conditions of sale without affecting their validity; (b) if possible from the context, shall be deemed replaced (if applicable, only with regard to the country involved) by a different valid and effective agreement or provision whose content is as similar as possible to that which has become or is deemed invalid or ineffective).

SPECIFIC APPROVAL
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they have carefully examined and specifically approve the content of the following articles:

Art. 4.3 (Company's right to change product prices)
Art. 5.3 (Company's exemption from liability for product variations and availability)
Art. 3.1 and 3.6 (Customer's obligation to print and keep the General Terms and Conditions of Sale as well as the specifications of the purchased product provided on the website upon completion of the online purchase procedure).
Art. 6.4 (time of contract conclusion)
Art. 6.5 (non-conclusion of the contract in the event of non-receipt of order confirmation by the Customer)
Art. 7.4 (Company's right to cancel orders)
Art. 7.1 (Customer's obligation to pay the price before product shipment)
Art. 9.1 (Company's right not to proceed with product shipment until full payment of the price has been received)
Art. 10.1 (Company's right to terminate the contract by simply notifying the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the customer's obligations)
Art. 10.3. (company's right to cancel the order)
Art. 9.10 (Company's exemption from liability in the event of delays attributable to the courier's fault).
Art. 9.10 first part (Customer's obligation to check, at the time of delivery, that the package is intact, not damaged or wet or otherwise altered, including its seal, and correct delivery in case of failure to make a reservation)
Art. 9.10 second part (Customer's obligation to check, at the time of delivery, that the products correspond to what is indicated in the transport document and/or invoice, both in terms of number and type, and are free from defects/flaws in case of failure to make a reservation)
Art. 11.1 (right of withdrawal and exercise period)
Art. 11.3 (methods of exercising the right of withdrawal)
Art. 11.2 (Customer's obligation to return the product intact, in its original packaging, complete in all its parts, within and no later than 10 days from the date of sending the withdrawal communication)
Art. 12.2 and 12.3 (time limit for refund of sums paid by the Customer)
Art. 12.4 (product replacement not provided)
Art. 12.5 (Customer's obligation to bear the costs of returning the product)
Art. 14.1 (Company's lack of liability if, due to unforeseeable circumstances or force majeure, the Company is unable to execute the order within the times provided for in article 6 point 3, or if any other service disruption occurs)
Art. 14.2 (Company's lack of liability for service disruptions or malfunctions related to the use of the internet network and beyond the Company's control and management)
Art. 13.2 (Company's lack of liability for damages, losses, and costs suffered by the Customer as a result of the non-execution of the contract for reasons not attributable to the Company itself)
Art. 14.4 (Company's lack of liability for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other means of payment, at the time of payment for the purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment).
Art. 15 (applicable law)
Art. 15.4 (mandatory forum in case of a customer residing or domiciled outside Italy)
Art. 21 (Invalidity and/or ineffectiveness of clauses)