Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

SUGAR S.R.L.

  1. Scope of Application

1.1. These General Terms and Conditions of Sale (hereinafter also the “Terms of Sale”) regulate the offer and sale of products by Sugar S.r.l., with registered office in Arezzo, Corso Italia 60, VAT no. 01121380511, (hereinafter also the “Company” or “Sugar”) through the website www.sugar.it (hereinafter also the “Website”).

1.2. These Conditions apply exclusively to sales to consumers, as defined in Article 3 of the Italian Consumer Code, that is, natural persons acting for purposes unrelated to their business, commercial, artisan or professional activity (hereinafter “Customers” or the “Customer”). Sugar S.r.l. reserves the right not to accept orders from persons who do not fulfil the definition of Customer.

  1. Contract Conclusion and Product Availability

2.1. To conclude the purchase contract, the Customer must complete and submit an order through the Website, after having accepted these General Terms and Conditions of Sale and having read the information on the right of withdrawal and the processing of personal data.

2.2. When the Customer submits a purchase order (the “Order”), this constitutes acceptance of the public offer made by Sugar through the Website; the receipt of the Order by the Company completes a binding sales contract concerning the Products selected by the Customer that shall be entirely governed by the Terms of Sale in force at the time of its conclusion (the “Contract”).

2.3. Before confirming and submitting the Order, the Customer must check the summary to ensure that the Products selected and all data provided are correct, after which the Customer will receive a summary detailing the:

  • key characteristics of the products ordered;
  • total price, including taxes (in EU countries only) and shipping costs;
  • payment method and delivery period.

2.4. The Customer is informed that submitting the Order entails an obligation to pay the amount indicated by clicking on the “Confirm Payment” button.

2.5. Once the Order has been received, the Company will send the Customer a confirmation email containing the Order number and details (“Order Confirmation”); the Customer must retain this data to be able to access after-sales support and to reference in any future communication with the Company.

2.6. The Customer may purchase a maximum number of three (3) items of the same size for each Product in a single order.

2.7. The Company may not accept orders that are incomplete or incorrect or do not offer sufficient solvency guarantees; furthermore, it is forbidden to purchase Products with the intent to resell them, and should the Company believe that this is the intention of the Customer, or in the event of a report or suspicion of fraudulent or illegal activities, the Company reserves the right, without limitation, not to accept any further Orders and/or to cancel any already confirmed.

2.8. All Orders are subject to verification of the availability of the Products ordered. If the Products on the Website are no longer available in the Company's warehouse, or for other cases of unavailability, at the time the Order is sent, Sugar shall inform the Customer of the unavailability of any Products promptly, and in any case within seven (7) days from the day on which it received the Order.

2.9. If the Customer has already paid for the Products belonging to an Order has been rejected or cancelled, including as a result of the Products being unavailable, the Company shall reimburse the Customer for the amount paid in advance and the Contract shall be deemed terminated between the parties.

  1. Product Features

3.1 The Products offered for sale through the Website are of the highest quality and value, purchased by the Company from carefully selected manufacturers and retailers that follow strict quality controls.

3.2 The description and the key characteristics of the Products, including details and composition, fit, colours and sizes (where applicable) are presented on the Website on each product card, along with one or more digital images. Although the Company takes measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, the images and colours of the Products offered for sale on the Website may not be perfectly representative of their true characteristics as a result of the browser and/or devices used to access the Website. As such, Sugar is not responsible for any inconsistency in the photographic representations of the Products shown on the Website when due to these technical reasons.

  1. Prices and Payment

4.1. All prices shown on the Website are in euro (€) and include VAT, in EU countries only. Any shipping costs are indicated separately prior to Order confirmation. Any duties or customs charges for non-EU countries will be calculated separately by the customs of the destination country and shall be borne by the Customer. In accordance with the applicable regulations in force (Italian Legislative Decree no. 26/2023), all price reduction announcements indicate the lowest price applied in the 30 (thirty) days prior to the application of the price reduction.

4.2. The Customer may pay by the following methods:

  • Credit/debit card (Axerve, Braintree): in the event of payment by credit card, the financial information (e.g. credit/debit card number or expiry date) will be sent, via encrypted protocol, to the Axerve or Braintree processing platform, which will provide the relevant remote electronic payment services, without third parties having any access to it. Furthermore, this information will never be used by the Company for any other purpose than to complete the procedures relating to the purchase and to issue any refunds in the event of Product returns, following the exercise of the right of withdrawal, or in the event it is necessary to prevent or report to the police the commission of fraud on Sugar.it.
  • PayPal: Products purchased on the Website can also be paid for through the PayPal payment solution. If the Customer chooses PayPal as the payment method, he/she will be redirected to the www.paypal.com website, where he/she will pay for the Products in accordance with the procedure established and regulated by PayPal and the terms and conditions of the Contract agreed between the Customer and PayPal. The data entered on the PayPal website will be processed directly by the latter and will never be sent to or shared with Sugar, which will have no involvement. Moreover, the Company will have no access to any other Customer data relating to other payment instruments connected with his/her PayPal account. When payment is made through PayPal, the total amount due shall be charged by PayPal to the Customer when the Contract is concluded through the Website. If the purchase Contract is terminated or for any other case of reimbursement, for any reason whatsoever, the amount reimbursed to the Customer shall be credited to his/her PayPal account. The time required to re-credit the payment instrument connected to said account shall depend exclusively on PayPal and the banking system. Once the re-credit order has been issued in favour of the Customer’s account, Sugar shall not be held responsible for any delays or omissions regarding the actual re-crediting to the Customer, who must contact PayPal directly to dispute any delays or omissions.
  • Scalapay (payment in instalments): the Scalapay payment solution can also be used to pay for products purchased on the Website. If the Customer chooses Scalapay as the payment method, he/she will be redirected to the www.scalapay.com website, where he/she will pay for the Products in accordance with the procedure established and regulated by Scalapay and the terms and conditions of the Contract agreed between the Customer and Scalapay. The data entered on the Scalapay website will be processed directly by the latter and will never be sent to or shared with Sugar, which will have no involvement. Moreover, Sugar S.r.l. will have no access to any other Customer data relating to other payment instruments connected with his/her Scalapay account. If the Customer chooses to pay via Scalapay, he/she declares that he/she is aware that he/she will receive the Product ordered immediately and pay in instalments. In this case, the Customer acknowledges that the instalments shall be assigned to Incremento SPV S.r.l., to related parties and their assignees, and therefore authorises such assignment.

4.3. Sugar S.r.l. reserves the right to take anti-fraud measures and to refuse unauthorised payments.

4.4. A Customer who has received a promotional code to use on the Website through newsletters, social networks or approved promotional websites may enter this code during Order confirmation. Each code is strictly personal and has a validity start and end date that cannot be extended in any way. Furthermore, the Customer acknowledges that each code can only be used on Products selected by the Company at its discretion and cannot be extended in any way to other Products on the Website.

4.5. THE INVOICE OR SALES RECEIPT WILL BE SENT ALONG WITH THE GOODS.

  1. Shipping and Delivery

5.1. The Products will be delivered to the address indicated by the Customer. The maximum delivery period is 30 days from Order confirmation, except in cases of force majeure; the delivery times indicated on the Website are purely indicative.

5.2. The Company will process confirmed Orders from Monday to Friday, and the Company reserves the right to ship the Products the day after receipt of the Order; for Orders submitted by the Customer after 11.00 a.m. on Friday, the Products will be shipped the following Monday.

5.3. In the event of a significant delay in delivery attributable solely to the Company, the Customer is entitled to withdraw from the Contract and obtain a refund within 14 days.

5.4. Products can be delivered to any country on any continent. However, should it not be possible to ship to a country as a result of contractual agreements between Sugar and the manufacturer of the Product ordered, the Customer residing in such a country will not be able to proceed with the purchase of such Product, without any liability of any kind on the part of Sugar.

5.5. Shipping costs are set out in detail on the Website and summarised below by way of example:

- Italy:

shipping costs: €10, for orders below €300

shipping costs: free, for orders over €300

- other European countries:

shipping costs: from €20

countries included: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden.

- Japan:

shipping costs: from €30

the prices indicated on the website for Japan do not include customs duties, which are to be borne by the customer; the relative amount is to be paid to the courier according to the methods indicated by the courier.

- Hong Kong:

shipping costs: from €40

the prices indicated on the website for Hong Kong do not include customs duties, which are to be borne by the customer; the relative amount is to be paid to the courier according to the methods indicated by the courier.

- Republic of Korea (South Korea):

shipping costs: from €30

the prices indicated on the website for South Korea do not include customs duties, which are to be borne by the customer; the relative amount is to be paid to the courier according to the methods indicated by the courier.

- United Kingdom:

shipping costs: from €20

the prices indicated on the website for the UK do not include customs duties, which are to be borne by the customer; the relative amount is to be paid to the courier according to the methods indicated by the courier.

- United States:

shipping costs: from €30

the prices indicated on the website for the USA do not include customs duties, which are to be borne by the customer.

The relative amount is to be paid to the courier according to the methods indicated by the courier; to proceed with the delivery, the consumer agency of the United States government may require a social security number (SSN).

- Switzerland:

shipping costs: from €30

the prices indicated on the website for Switzerland do not include customs duties, which are to be borne by the customer; the relative amount is to be paid to the courier according to the methods indicated by the courier.

- Rest of the world:

shipping costs: shipping costs may vary from €30 to €70; they will be specified at checkout before the Order is placed. Customers are informed that any customs duties and import taxes are always to be borne by the customer; the relative amount is to be paid to the courier according to the methods indicated by the courier.

5.6. The Customer must check the Products upon delivery and immediately report any damage to the courier and to Sugar, including any damage to the packaging. If the Customer reports damage to the Products and/or quantitative non-compliance of the Products ordered, he/she must immediately report this in the shipping document by signing for it “conditionally” and inform the Company of the incident by sending an email to customerservice@sugar.it within and no later than three days from the date of delivery, also enclosing photographic evidence of the reported issue. In this case, Sugar shall have the right to verify and assess the report, and the Company may indicate how to ship the Product that is considered damaged back to Sugar. The Customer shall then send the purchased item to Sugar within the time limit provided therein, at no additional cost. Once the legitimacy of the Customer's report has been verified by Sugar, the Company shall replace the missing or damaged Product, in accordance with the Customer's Order, unless the product in question is no longer available, in which case the Company shall promptly refund the Customer for the price of the Order. If Sugar finds the report not to be legitimate, it will not be able to accept the Customer's request; in this case the product will be returned to the sender at the original shipping address and the Customer will be charged for the shipping costs.

5.7. In countries where it is possible, the Customer can choose delivery to the desired address, from 9.00 a.m. to 6.00 p.m., or request pick-up by UPS or DHL (courier), which consists of the Customer collecting the goods from the UPS or DHL (courier) branch closest to his/her address or from Access Point Ups.

5.8.  For some Products that require oversized packaging, the shipping costs may vary from those indicated in point 5.5; in any case, the amount to be paid will be calculated at checkout and communicated to the Customer before the Order is concluded. In this case, where more than one Product is ordered, or where the Product purchased requires oversized packaging, Sugar will contact the customer by email (at the email address provided during Order confirmation) to request payment of an extra charge for shipping an oversized parcel; the amount to be paid will be calculated, on a case-by-case basis, according to the size of the parcel and the payment request will be sent via the payment method used to make the purchase, unless otherwise agreed with the Customer.

5.9. The Customer may choose the pick-up option at the Sugar store located in Corso Italia 60, 52100 Arezzo, Italy.  Following Order confirmation, the Customer will receive a further email in the following days confirming that his/her Order is ready for collection, together with the purchase invoice; until this communication has been received, the Order may not be ready for collection. From the day the Customer receives notification that the Order is ready for collection, he/she will have seven working days to collect it, after which, unless otherwise notified, if the Product has not been collected, Sugar will proceed to cancel and refund the Order.

5.10. When the Order is handed over to the courier, the Customer will receive an email notification from UPS or DHL providing the air waybill (AWB) number relating to the Order to track the progress of the shipment. Customers can visit http://www.ups.com or https://www.dhl.com/en-gb/home.html and enter the AWB number indicated in the email in the “Track Your Shipment” area.

5.11. The Customer shall accept delivery of the shipment relating to his/her Order. If delivery of the Product at the address provided by the Customer is unsuccessful for reasons attributable to the latter's lack of cooperation (by way of example, but not limited to: incorrect/incomplete telephone number, incorrect/incomplete address, recipient absence) or if the Customer refuses to accept delivery, the Product and its packaging shall be returned to the sender, Sugar, in Italy, with costs borne by the Customer. Costs include shipping costs and any customs charges; these will be deducted from any refund due.

  1. Right of Withdrawal

6.1. The Customer has the right to withdraw from the Contract within 14 days of receipt of the products, without penalty and without providing a reason. After this period, the return shall no longer be accepted.

6.2. If the Customer has a registered account on the Website, he/she may exercise the right of withdrawal by accessing the “My orders” section, selecting the order he/she wants to return and then clicking the “return” button, or by sending a written communication to customerservice@sugar.it, in any event within 14 days of receipt of the Products.

6.3. If the Customer does not have a registered account on the Website, he/she may exercise the right of withdrawal by selecting the “Request a Return” button at the bottom of each page on the Website and following the directions, or by sending an email to customerservice@sugar.it, indicating the order number, in any case within 14 days of receipt of the Order. To withdraw from the Contract, the Customer may also send another communication clearly expressing his/her desire to withdraw.

6.4. The right of withdrawal — in addition to compliance with the terms and conditions described in this Article 6 — shall be considered properly exercised by the Customer if the following conditions are also fully met:

- the Products must not have been used, worn or washed;

- the identification tag must still be attached to the Products as an integral part of the goods;

- the Products must be returned in their original packaging, with the original labels, wrapping and other accessories (by way of example, but not limited to: dust bags, garment covers, etc.) received in the packaging;

- original Product packaging must not be used as a packing box for return shipments;

- the returned Products must be delivered to the courier within 14 (fourteen) days from communication being sent to the Company of the decision to withdraw from the Contract;

- the Products must not be damaged;

- the soles of shoes must be in the same condition as they were sent, without any signs of wear and/or any other kind of damage;

- swimwear and undergarments (bikinis, briefs, boxer shorts, etc.) must have been tried on over personal underwear. Returns will be refused and sent back to the Customer if the garments show signs of wear.

6.5. The costs for returns shall be borne by the Customer, unless otherwise stated at the time of purchase:

Italy: €5.00

USA: €30.00

Europe: €20.00

Rest of the world: from €30.00

6.6. If the right of withdrawal is exercised in accordance with the procedures and terms set out in this Article, Sugar shall refund any amounts already paid for the purchase of the Products in accordance with the procedures and terms set out below.

6.7. Payments shall be refunded to the Customer as quickly as possible and, in any event, within 14 (fourteen) days of Sugar’s receipt of the returned goods and once the latter has verified that the above terms and conditions have been fully met.

6.8. If the procedures and terms for exercising the right of withdrawal are not fulfilled, the Customer shall not be entitled to a refund of the amounts already paid to the Company. Within 14 days from the sending of the email notifying non-acceptance of the return, the Customer may choose to reclaim the Products, at his/her own expense, in the condition in which they were returned to the Company, by sending a written communication to the latter, according to the procedures that will be communicated to the Customer. Failing that, Sugar may retain the Products, in addition to the amounts already paid for their purchase.

6.9. The Company shall issue the refund using the same method of payment used to pay for the returned products unless the Customer has expressly agreed with the Company on the use of a different payment method.

6.10. If in the event of the right of withdrawal being exercised the recipient of the Products indicated in the Order form does not match the person who paid for their purchase, reimbursement shall be made by Sugar, in any case, to the person who made the payment.

6.11. Sugar will indicate which courier to use for the return of the products, i.e., UPS or DHL. If that the Customer decides to use a courier other than the one indicated by Sugar to return the products, the Customer will be responsible for any loss or damage to the Products.

6.12. The Customer, always in full compliance with the provisions of this Article, also has the right to return the Products purchased on the Website to the Sugar sales outlet, headquartered at Arezzo Corso Italia n. 60 52100 Arezzo, Italy. In this case, the Company shall issue the refund to the same payment method used to pay for the returned Products.

6.14. The following are excluded from the right of withdrawal:

  • Products customised at the Customer's request;
  • Sealed products that cannot be returned for hygiene reasons, if opened;
  • Products in the Beauty section, such as Perfumes (where expressly indicated).

6.15. The Customer acknowledges that Sugar constantly monitors the number of returns made; frequent returns that do not comply with the terms and conditions of this Article will be flagged. Sugar reserves the right to terminate the account or to not complete future orders of Customers who continue to breach the terms and conditions of this Article.

  1. REQUESTS FOR REPLACEMENT OF GOODS DUE TO CHANGE OF SIZE AND/OR COLOUR

7.1. SUGAR S.R.L. PERMITS THE CUSTOMER TO REQUEST REPLACEMENTS DUE TO SIZE AND/OR COLOUR CHANGES. IT WILL NOT BE POSSIBLE TO REQUEST A PRODUCT TO BE REPLACED WITH A DIFFERENT MODEL.

7.2. TO EXCHANGE AN ITEM, THE CUSTOMER MUST SEND AN EMAIL TO SUGAR AT CUSTOMERSERVICE@SUGAR.IT WITHIN 14 DAYS OF RECEIPT OF THE ORDER.  SUGAR S.R.L. SHALL CONFIRM RECEIPT OF THE REQUEST BY EMAIL. THE DIFFERENT SIZE AND/OR COLOUR REQUESTED MUST BE INDICATED ON THE REPLACEMENT FORM TO BE ACCEPTED.

7.3 THE PROVISIONS OF ARTICLE 6.4 ABOVE SHALL APPLY TO EXCHANGE REQUESTS; NO EXCHANGES WILL BE OFFERED IF THESE PROVISIONS ARE VIOLATED.

7.4 IN THE EVENT OF AN EXCHANGE REQUEST, ALL FURTHER SHIPPING COSTS, AS SPECIFIED IN SECTION 6.5 ABOVE, SHALL BE BORNE BY THE CUSTOMER.

7.5 EXCHANGE ITEMS SHALL BE SHIPPED TO THE SAME ADDRESS PROVIDED WHEN THE ORIGINAL ORDER WAS CONFIRMED, UNLESS OTHERWISE NOTIFIED BY THE CUSTOMER, AND IN ANY EVENT SHALL NOT BE SHIPPED TO A DIFFERENT COUNTRY.

7.6 A PRODUCT CAN ONLY BE EXCHANGED FOR THE SAME PRODUCT IN A DIFFERENT SIZE AND/OR COLOUR ONCE.

 

  1. Legal Guarantee of Conformity

7.1. Sugar shall be liable for any lack of conformity that may become apparent in the Products sold to the Customer within a period of two years from their delivery.

7.2. Unless proven otherwise, it shall be assumed that any conformity defect that may become apparent within the first 12 (twelve) months from the date of delivery of the Product already existed on that date, unless such an assumption is incompatible with the nature of the goods or the nature of the defect.

7.3. If the Customer believes that the purchased Product has a conformity defect, he/she may request, alternatively and at no extra charge, in accordance with the conditions indicated below, the repair or replacement of the purchased good, a reduction of the purchase price or the termination of the sales contract, unless the request is unfounded, objectively impossible to satisfy or excessively burdensome for Sugar, pursuant to the Italian Consumer Code.

7.4. The Customer must submit the request in writing, by sending an email to customerservice@sugar.it, accompanied by detailed information on the defect and supported by photographs of the Product showing the part where the Customer believes the defect is located. Sugar shall acknowledge the request in writing within five working days and indicate how to ship the goods back to Sugar; the Customer shall then send the purchased item to Sugar within the deadline established, at no extra cost. Sugar will receive and inspect the goods believed to be defective. If no defect is found, Sugar will not be able to accept the Customer's request and reserves the right to charge the Customer for the shipping costs.

7.5. If upon inspection a conformity defect is identified, Sugar shall communicate its willingness to repair or replace the Products, where possible.

7.6. If upon inspection a conformity defect is identified and Sugar has accepted the Customer's request for a price reduction or the termination of the sale contract, Sugar shall indicate the proposed price reduction or method for refunding the price paid for the purchase of the defective goods; within seven days of receipt of this communication, the Customer must send written acknowledgement to Sugar, in the absence of which Sugar shall refund the Customer the price previously indicated.

7.7. It is understood that the Customer shall not be entitled to exercise this Guarantee:

(i)    in the absence of proof of purchase;

(ii)   if the Product has been damaged, modified, or otherwise altered by the Customer or a third party;

(iii)  in the absence of the original labels, of part of the Products and/or of accessories;

(iv) in the event of improper use of the product.

  1. Force Majeure

8.1. Sugar shall not be liable for any failure or delay in the performance of any of its obligations under the Contract and/or these Terms and Conditions caused by events beyond its reasonable control, such as strikes, lockouts or other industrial action, civil insurrection, invasion, terrorist attack (including threats thereof), war (declared or undeclared) or threat of war, fire, explosions, storms, flooding, earthquakes, subsidence, epidemics, pandemics or other natural catastrophes, inability to use railways, maritime transport, aircraft, motor transport, or other public or private means of transport, inability to use public or private telecommunications networks, acts, decrees, rules, regulations, or limitations imposed by governments and/or public authorities (“Force Majeure”).

  1. Intellectual Property

9.1. Sugar and all its content are the property of Sugar S.r.l.; this includes documentation, images, fonts, designs, music, software, code and format scripts. The material contained on the Website is protected by copyright.

9.2. Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is prohibited without the express written consent of Sugar S.r.l.

9.3. Sugar S.r.l. prohibits the use of the content or trademarks present on the Website for any purpose or end other than those mentioned above.

  1. Applicable Law and Dispute Resolution

10.1. The sales Contract between the Company and the Customer is governed by Italian law, with particular reference to the Italian Consumer Code (Italian Legislative Decree 206/2005) and Italian Legislative Decree 70/2003 on e-commerce.

10.2. Customers residing in a European Union member state have the possibility to have recourse to the platform established by the European Commission for the settlement of disputes relating to distance selling contracts, accessible at https://ec.europa.eu/odr. Through this platform, the Customer and the Company may resolve disputes relating to purchases made under these General Terms and Conditions with the assistance of an impartial body.

  1. Changes and Updates

11.1. Sugar S.r.l. reserves the right to amend these General Terms and Conditions of Sale. Any changes shall be effective as soon as they are published on the Website.