Terms and Conditions

ART. 1 PREMISES

These general terms and conditions of sale apply to all purchases of Intymate branded products sold through the intymate.com e-commerce site by users classified as "consumers" pursuant to article 2, i.e. a natural person acting for purposes unrelated to their entrepreneurial, commercial, craft or professional activity, if any.

The site is owned by Intymate, an Italian company with registered office at Sintrade SRL in Piazzale Luigi Sturzo, 15 | 00144 Rome (RM) - P.IVA: 14581121002.

Sintrade SRL is responsible for the sale, payment management, refunds and invoicing related to the Products offered through the Site. Purchases of Products made through the Site will involve as parties (collectively referred to as the "Parties") Sintrade SRL, as seller (the "Seller"), and the consumer buyer who proceeds with the purchase of one or more products for purposes, therefore, not related to their commercial, entrepreneurial, craft or professional activity.

Intymate remains the owner of all rights to the domain name of the site, as well as the copyright in relation to the Site and its contents. Any communication from the Consumer regarding the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller (Intymate) at the address and with the methods indicated on the Site or through the addresses specified in the articles relating to the individual consumer rights referred to in these conditions.

Each purchase is subject to these general terms and conditions of sale in the version that will be published on the Site at the time the order is transmitted by the consumer. The site is intended for the exclusive use of consumers. Under no circumstances may subjects not qualifying as such purchase products on the Site. The seller will have the right to refuse orders which, in its sole discretion, it deems to have been placed by subjects not classified as consumers.

Should one or more sales nevertheless be made to an unqualified Consumer, these general terms and conditions of sale will apply, but by way of derogation therefrom:
a) the buyer will not have the right of withdrawal pursuant to article 10;
b) the buyer will not have the right to guarantees on the products listed in article 8 or any other legal guarantee;
c) the buyer will not be recognized any other guarantees in favor of the consumer provided by law.
d) in the exceptional case that the buyer is not a Consumer, the competent court will be that of Rome.

Art 2. DEFINITIONS

E-commerce contract: a sales or service contract under which the Seller, or its intermediary, offers goods or services through a website, or other electronic means, and the Buyer (consumer) places an order for such goods or services on such website, or through other electronic means organized by the Seller.
Sales contract Any contract under which the Seller transfers, or undertakes to transfer, ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price thereof

Service contract Any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price thereof

Consumer Code The reference legislation for consumer protection, set forth in Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the "Consumer Code").

Buyer The term Buyer refers to the consumer, or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (art. 3, letter a, Consumer Code).

Seller The term Seller refers to the natural or legal person acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or their intermediary (art. 3, letter c, Consumer Code). Producer Producer is the manufacturer of the finished good or one of its components (art. 115, paragraph 2-bis, Consumer Code).

Conformity to the Contract All those goods for which the following circumstances coexist, if relevant, are considered to be in conformity with the Contract: i) they are fit for the purpose for which goods of the same type are ordinarily used; ii) they conform to the description made and possess the qualities of the good presented as a sample or model; iii) they show the quality and performance normal for goods of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements made regarding the specific characteristics of the goods by the seller, the producer or its agent or representative, in particular in advertising or on labelling; iv) they are also suitable for the particular use desired by the Buyer and made known to the Seller at the time of the conclusion of the Contract and which the Seller itself has accepted even by conclusive acts (art. 129, paragraph 2, Consumer Code). Defective good A good is defective when it does not offer the safety that can legitimately be expected, taking into account all circumstances, including: a) the way in which the good was put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided; b) the use for which the good can reasonably be intended and the behaviors that can reasonably be expected in relation to it; c) the time when the good was put into circulation. A good cannot be considered defective merely because a further improvement thereof has been placed on the market at any time.

3. SALE OF GOODS PROMOTED ONLINE

3.1 With the Contract, the Seller sells to the Buyer, who purchases, through electronic means, the goods offered on the Site.
3.2 The website intymate.com presents the catalog of goods and/or services promoted online by the Seller. These goods are accurately represented on the Site.
3.3 The Seller cannot guarantee an accurate and exact correspondence between the actual consistency of the goods promoted online and their representation on the Buyer's monitor. In case of discrepancies between the image of the goods visible online and their written information sheet, only the latter will be considered valid.

4. ONLINE CATALOG UPDATE - GOODS AVAILABILITY

4.1 The Seller ensures, through its IT system, the processing and fulfillment of the order without delay, according to the procedures set out in Art. 5 of these General Conditions of Online Sale. The Seller's electronic catalog indicates in real time, the available and unavailable goods, as well as the estimated delivery times. The Seller confirms the successful registration of the order as soon as possible, sending the Buyer the specific confirmation (so-called Order Receipt) by e-mail.
4.2 Should an order exceed stock availability, or for other reasons not be available, it is the Seller's responsibility to promptly notify the Buyer of the unavailability of the goods in question and, if possible, the waiting times to obtain them, requesting renewed confirmation of the order according to the different timescales indicated by the Seller. This communication will take place via e-mail or telephone.

5. DESCRIPTION OF THE TECHNICAL STEPS REQUIRED TO CONCLUDE THE CONTRACT

5.1 The Contract between Seller and Buyer will be concluded exclusively online. After accessing the e-Shop, the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of goods and/or services by filling in the forms prepared by the Seller. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, by adding them to the cart configured by the Seller. Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by sending the Seller the list of desired items. Before submission, a form will be displayed to confirm the purchase order for the selected goods and/or services, with an indication of their respective prices, as well as the options available to the Buyer, who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. By confirming the order, the Buyer undertakes to check and validate, before sending it, their personal data, the goods/services covered by the Contract, their prices, including any shipping costs and/or ancillary charges, confirming the chosen payment methods and terms, the delivery address, as well as any other requested data. The order confirmation form previously instructs the Buyer about the execution times of the Contract, drawing attention to the right of withdrawal, as well as other faculties reserved by law to the Buyer. After the required checks have been carried out, the Buyer will finally select the interactive button - present at the bottom of the web page - by clicking on the "Confirm purchase order with payment obligation" box, thus sending the order to the Seller.
5.2 The online publication of goods and/or services through the Website constitutes a mere invitation to offer for the Buyer to formulate a purchase proposal; in this sense, the Buyer's order, previously confirmed by them, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale, which the Buyer declares to know and accept. The order confirmation - duly completed and verified as per instructions - will be acknowledged by the Seller with a receipt to the Buyer's e-mail address solely for the purpose of confirming its receipt in the Seller's IT system, which will thus begin to process the order, verifying the data provided by the Buyer, as well as the availability of what was requested. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt - with an attached "Order Number" to be used in all communications with the Seller - reiterates, in addition to the information required by law, all the above data, which the Buyer will check again, promptly communicating any necessary correction to the Seller. Should there be an incorrect indication of prices, or other characteristics of the goods and/or services promoted online, such as the unavailability of the requested goods, the Seller will promptly notify the Buyer, inviting them - if still interested - to rectify the order, or, after cancelling the previous one, to place a new order, according to the procedures that will be promptly communicated.
5.3 The Seller has the right to accept or reject the order sent by the Buyer, without the latter being able to assert any rights and/or claims, for any reason, including compensation, for the non-acceptance of the order itself. The Contract will only be concluded when a separate e-mail (or message in the communication center on the Website or equivalent) accepting the purchase proposal is sent, which will also contain information relating to shipping and the estimated delivery date (Shipping Confirmation). If the order is fulfilled with different shipments, the Buyer may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel their order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no cost will be charged. The right of withdrawal remains unaffected within the terms and conditions set forth in subsequent Art. 10.
5.4 The amount due will only be debited when the goods covered by the order are shipped. Once payment for the requested goods/services has been received, the Seller will proceed to issue the relevant tax document.
5.5 The Contract will not be concluded, remaining without any effect, if the procedure set out in this article is not punctually respected.
5.6 For any errors, typos or problems in filling in the online forms and, more generally, in carrying out the purchase procedures prepared by the Seller, the Buyer is invited to contact, without delay, the following email: info@intyamte.com.

6. PAYMENT OF THE PRICE, TAXES AND ANY ANCILLARY CHARGES

6.1 The Buyer undertakes to pay the price requested for the goods purchased online, according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted through the Site, as well as any other charges/expenses inherent in the invitation to offer, are expressed in Euros.
6.3 Prices are inclusive of VAT and any other taxes. Shipping costs, as well as any ancillary charges, such as customs clearance, if present, are not included in the sales price.

7. PAYMENT METHODS, TIMING AND SECURITY, AND ANY REFUNDS

7.1 Payment for goods/services purchased online will be made according to the method chosen by the Buyer, from those expressly permitted by the Seller and punctually specified in the section of the website www.intymate.com. The use of the aforementioned payment methods does not entail any additional charges for the Buyer, without prejudice to any costs borne by the Seller, punctually proven and communicated to the Buyer.
7.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer, and, in case of withdrawal, within a maximum of 30 days from when the Seller has received the returned goods at the destination address.
7.3 All communications relating to payments take place on a dedicated encrypted line, which ensures the storage of such information with a high level of security and in compliance with current legislation on personal data protection.
7.4 In case of missing products, a refund will be made to the payment method chosen at the time of order fulfillment by the Buyer.

8. DELIVERY METHODS AND TIMES

8.1 The Seller undertakes to deliver the ordered goods, without undue delay, at the latest within 30 days from the date of conclusion of the Contract, using the methods indicated on the website, or, alternatively, chosen by the Buyer.
8.2 Should the Seller be unable to ship within the deadline referred to in the preceding paragraph, it will promptly notify the Buyer via e-mail, or by telephone, to the contact details provided during online registration and order submission by the Buyer.

9. METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS

9.1 Pursuant to art. 12 Legislative Decree 70/2003, as well as arts. 50-51 Consumer Code, the Buyer is informed that every order submitted online will be stored and archived in digital and/or paper format at the Seller's premises, according to adequate criteria of confidentiality and security. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address info@intymate.com.

10. TERMS AND CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

10.1 The Purchaser has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 calendar days, starting from the day on which the Purchaser acquired physical possession of the goods.
10.2 The right of withdrawal is exercised by sending a communication to the Seller by email to info@intymate.com or through their Reserved Area.
10.3 The return of the goods by the Purchaser must take place, without delay and, in any case, within 14 days from the date of purchase. The direct costs for returning the goods to the Seller are borne by the Purchaser. Every possible precaution must be taken when shipping, using the original or equivalent packaging and wrapping of the goods, which preserve their integrity and adequately protect them during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address: Sintrade SRL, with registered office in Piazzale Luigi Sturzo, 15 | 00144 Rome (RM) - P.IVA: 14581121002.
10.4 The Seller will refund the price of the goods for which the right of withdrawal has been exercised within 30 days from the receipt of the returned goods at the destination address shipped by the Purchaser. Generally, the Seller will use the same payment method chosen by the Purchaser for the initial transaction, unless the Purchaser himself has arranged otherwise; in this case, any additional costs arising from the different payment method chosen will be exclusively borne by the Purchaser. The Seller shall have the right to withhold the refund until receipt of the goods.
10.5 Returned products must be unused, intact and in a resaleable condition, in their original packaging complete in all its parts (including packaging, documentation and accessories).
10.6 Upon receipt by the Seller of the communication in which the Purchaser expresses their intention to exercise the right of withdrawal, any bond related to the Contract will cease, subject to the provisions of this Article.
10.7 In compliance with art. 59 letter "e" of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be exercised for goods that are not suitable for return for hygienic reasons or reasons related to health protection. Therefore, returns of items intended to come into contact with intimate parts of the body (e.g., briefs, bodysuits, swimsuits, monokinis, etc.) cannot be accepted under any circumstances.
10.8 In the event of a refund for missing products, a refund will be issued to the payment method chosen at the time of order fulfillment by the Purchaser.

11. WARRANTY OF CONFORMITY, COMPLAINT AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES

11.1 The Purchaser is guaranteed the conformity of the goods to the Contract within a period of two years from their delivery. Unless proven otherwise, any lack of conformity that becomes apparent within 6 months from the date of delivery of the goods shall be presumed to have existed at that date, unless this is incompatible with the nature of the goods or the lack of conformity in question.
11.2 In the absence of conformity of the goods to the Contract, the Purchaser may request, alternatively and free of charge, the repair or replacement of the purchased goods, or a price reduction, or the termination of the Contract, unless the request is objectively impossible to satisfy, or proves excessively burdensome for the Seller pursuant to art. 130, paragraph 4, Consumer Code. If repair and replacement are impossible or excessively burdensome, or the Seller has not repaired or replaced the goods within the agreed terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the latter may request, at their choice, a price reduction or the termination of the Contract.
11.3 The Purchaser forfeits any right connected to the conformity of the goods to the Contract if they do not report the alleged defect of conformity to the Seller within 2 months from the date of its discovery. The aforementioned term does not apply if the Seller has expressly acknowledged the defect or has knowingly concealed it. In any case, the complaint must specify the non-conformity found, as well as at least one photograph of the goods in question, all accompanied by the Seller's tax receipt proving the purchase.
11.4 The Purchaser must send the complaint, and related requests, alternatively to one of the following addresses: i) Intymate, with registered office in Piazzale Luigi Sturzo, 15 | 00144 Rome (RM), for communications via registered mail with return receipt; ii) or, via certified email, to the following certified email address sintrade@pec.it, or via ordinary email to info@intymate.com. Upon receipt of the complaint/request and related documentation, the Seller will evaluate the non-conformity reported by the Purchaser and, after having carried out the necessary checks, will authorize, or not, the return of the goods by providing the Purchaser with a "Return Code", sent by e-mail to the address provided during the order transmission phase. Authorization to return the goods does not, however, constitute recognition of non-conformity. The goods - for which the Seller has authorized the return - must be returned to the expressly indicated address, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions referred to in Art. 10.3.
11.5 If the Seller is required to refund, in whole or in part, the price paid to the Purchaser, the refund will be made, where possible, using the same payment method used by the Purchaser at the time of purchase of the goods, or, alternatively, by bank transfer. It will be the Purchaser's responsibility to communicate to the Seller, already at the time of the complaint/request, the bank details for making the bank transfer in their favor and to enable the Seller to return the due amount.
11.6 The right to replacement is, in any case, subject to the following conditions:
1) the purchased goods must be returned unused, intact and in a resaleable condition, in their original packaging complete in all its parts (including packaging, documentation and accessories);
2) the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer. We are not liable in any way for damage or theft/loss of goods returned with uninsured or untracked shipments (e.g., priority mail).
3) in case of damage to the goods during transport, we will promptly inform the customer of the incident (within 5 working days of receipt of the goods) to allow them to file a complaint against the courier chosen by them and obtain a refund of the value of the goods (if insured);
4) if, on the other hand, the return is returned intact in all the points mentioned above, we will refund the cost of the goods only (not the shipping costs) within 30 days of receiving the return.
11.7 All products (excluding underwear and perishable goods) can be exchanged provided they are returned in their original sales condition, i.e., unused or unworn, with intact packaging, any packaging material and warranty seals.
Product exchange is possible within and no later than 14 days:
• for in-store purchases: from the date of purchase;
• for online purchases: from the moment of receipt of the package;
• for orders with Local Pick Up: from the moment the order is marked as "completed".
Products can be exchanged under the same conditions as above but only with other discounted products of the same product category.
Shipping costs are always borne by the customer, unless returns are caused by defective products or order errors made by Intymate itself.

12. NON-IMPUTABLE DEFAULTS - UNAUTHORIZED PAYMENTS

12.1 The Seller is not responsible for the non-execution or delayed execution of the Contract if this is due to disservices attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Seller.
12.2 The Seller assumes no responsibility for any fraudulent, unlawful or irregular uses of credit cards, checks or other means of payment, attributable to fraudulent or negligent conduct, even by slight fault, of the Purchaser with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.

13. DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES AND RELATIVE BURDEN OF PROOF

13.1 The Manufacturer is liable for damages caused by defects in goods promoted/transferred via the Website. Pursuant to art. 116 of the Consumer Code, the Seller shall be liable for damage caused by a defect in the goods sold, if it fails to communicate to the injured party, within three months of the request referred to in the following third paragraph, the identity and domicile of the Manufacturer, or of the intermediary who supplied the goods in question.
13.2 The injured party may claim compensation for damages caused by death or personal injury, or by the destruction or deterioration of an item other than the defective goods, provided that it was normally intended for private use or consumption and was used in that sense by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to an item other than the defective goods shall be compensated only to the extent exceeding the sum of € 387.00 (three hundred and eighty-seven euros). In any case, it shall be the injured party's responsibility to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The damage claim, which must be drawn up exclusively in writing, must specify the goods that caused the damage, as well as the date and place of their purchase. Furthermore, if still existing, it will be the injured party's responsibility to offer to view the goods in question, according to the instructions given by the Manufacturer, or Seller, or by third parties indicated by them.
13.4 Compensation for damage will be excluded if the injured party, aware of the defect of the goods and the associated dangers, nevertheless voluntarily exposed themselves to it. In the presence of fault of the injured party - who, using ordinary diligence, could have avoided the damage suffered - the compensation requested will be excluded or reduced in proportion to the severity of the fault attributable to the victim.
13.5 Any liability for consequences deriving from defective goods shall be excluded if the defect itself is attributable to the conformity of the goods to a mandatory legal norm, or other binding provision, or if the state of scientific and technical knowledge, at the time the goods were placed on the market, did not yet allow them to be considered defective.

14. SPECIFIC CASES OF AUTOMATIC TERMINATION OF THE CONTRACT

14.1 The punctual payment for goods purchased online, pursuant to Article 6.1 of these General Terms and Conditions of Online Sale, as well as the payment of any additional charges and/or commitments referred to in Article 6.3, are considered essential obligations of the Contract.
14.2 Unless justified by unforeseeable circumstances or force majeure, non-fulfillment of the aforementioned obligations will result in the automatic termination of the Contract pursuant to Article 1456 of the Civil Code.

15. PROCESSING OF PURCHASER'S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION)

15.1 The Seller protects the personal data of the Purchaser, guaranteeing full compliance of their processing with the relevant legislation and, specifically, with Regulation 679/2016 as well as the relevant national regulations (Privacy Code, as last amended by Legislative Decree 101/2018).
15.2 For details, please refer to the Privacy and Cookies Policies on the website; it is hereby informed that the personal data provided by the user, acquired through navigation on the Website, will be collected and processed electronically/digitally, and if applicable, in paper form, with the following main purposes: i) to register the order; ii) to execute the Contract and related communications; iii) to fulfill legal obligations; iv) to manage commercial relations to better carry out the requested services.

16. SELLER'S AND PURCHASER'S CONTACT DETAILS

16.1 Official communications addressed to the Seller, as well as any complaints from the Purchaser, will only be valid if sent via registered mail with return receipt to Sintrade Srl, with registered office in Piazzale Luigi Sturzo, 15 | 00144 Rome (RM), or forwarded via e-mail to the following address info@intymate.com, or to the following certified e-mail address (PEC) sintrade@pec.it.
16.2 The Purchaser indicates, at the time of registration on the Website or in the order confirmation form, their residence or domicile, their telephone numbers and the e-mail address to which communications from the Seller will be sent.

17. AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE SITE

17.1 The Website and related services are available in Italian.
17.2 These General Terms and Conditions of Online Sale are available in Italian. If translated into other languages, the Italian version shall be the only authoritative version.
17.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the Website primarily promotes goods and/or services intended for the national market. Orders from third countries, unless otherwise specified below, will be accepted and processed according to agreements. In such a case, unless otherwise agreed, delivery will take place at the Seller's premises. The Seller/Operator reserves the right, however, to suspend/cease, with brief notice and without any penalty, any promotional, marketing, sales, supply activities of goods and/or services through the Website, if legal/tax/customs obstacles, or, in any case, objective obstacles (and not subjective ones related solely to the User's geolocation), prevent the receipt of the order and/or the execution of the Contract with Users residing or domiciled in third countries.

18 ONLINE OUT-OF-COURT DISPUTE RESOLUTION

18.1 As per EU Regulation 524/2013, the Purchaser is informed of the faculty to refer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to entities/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through simple, quick and economical web procedures (so-called ODR - Online Dispute Resolution).
18.2 For any information on the aforementioned ODR procedures, please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

19. COMPETENT COURT AND APPLICABLE LAW TO THE CONTRACT

19.1 Any dispute between the Seller and the Purchaser regarding the Contract, and its execution, will be governed by Italian law and administered, unless otherwise provided, by the courts of the consumer's domicile. In any case, the Purchaser will be guaranteed the rights conferred by the mandatory consumer protection laws in force in their country of residence and/or domicile.

19.2 For the reference rules regarding the competent court and the law applicable to the Contract, please refer to art. 66 bis of the Consumer Code, art. 18 of EU Regulation 1215/2012, art. 6 of EU Regulation 593/2008, and finally, arts. 3 and 57 of Law no. 218/1995.