Terms and Conditions

Legal information

The Seller of products purchased through jaked.com is Miriade S.p.A., with registered office at Piazza dei Martiri 30, 80121 Naples, VAT no. 07631370637, tax code 03371431218 and REA no. NA-610434, hereinafter referred to as "Miriade" or the "Seller".

The jaked.com website is hereinafter referred to as the "Website". "Jaked" means the brand whose products and services are offered through the Website.

The Customer may request information, submit complaints and send communications using the contact form available at the following link: https://jakedsupport.zendesk.com/hc/it/requests/new.

Scope and intended customers

These General Terms and Conditions of Sale, hereinafter the "Terms", govern the distance sale of products and services offered through the Website and purchases delivered to the countries made available at checkout.

The Website is intended for retail sales to end consumers. For the purposes of these Terms, a "Consumer" is a natural person acting for purposes outside their trade, business, craft or profession. The term "Customer" means the Consumer who uses the Website or makes a purchase.

The provisions of the Italian Consumer Code referred to in these Terms apply to Consumers. Before the contract is concluded, Miriade reserves the right not to accept orders which, because of their quantity, frequency or other objective circumstances, appear to be intended for commercial resale.

The Customer declares that they have the legal capacity required to enter into the contract. Purchases by minors must be made by a parent or legal guardian.

Products, characteristics and availability

The products offered on the Website include, by way of example, swimwear and competition swimwear, wetsuits, technical products and accessories for swimming, open-water swimming and triathlon, as well as products for children. The products covered by the contract are those displayed on the Website and available when the order is submitted.

Before the Customer is bound by the order, Miriade provides, in a clear and comprehensible manner, the main characteristics of the products, the Seller’s identity and contact details, the total price including taxes, any additional charges, payment and delivery methods, delivery times, the conditions governing the right of withdrawal, a reminder of the statutory guarantee of conformity and any further information required by applicable law.

Product images and colours are represented as accurately as possible. Differences may nevertheless arise because of the device used, screen settings or image processing. Such differences do not affect the Consumer’s rights in the event of a lack of conformity.

Availability is updated automatically, but simultaneous purchases may cause a product shown as available to become unavailable.

If one or more products become unavailable after the order has been submitted, Miriade will inform the Customer promptly. Where available, Miriade may offer a different variant or a substitute product, which will be supplied only with the Customer’s express consent. If the Customer does not consent, they may choose, where possible, between partial shipment of the order, with a refund for the unavailable products, and cancellation of the entire order, with a refund of the amounts paid.

Any amounts due will be refunded without undue delay using, unless otherwise agreed, the same payment method used for the order.

Customisation for teams and sports clubs

Jaked offers a supply and customisation service for kits intended for teams and sports clubs, available through the Customise Your Team page.

Submitting the form and requesting a quotation do not constitute an order and do not automatically result in the conclusion of a contract. Product specifications, quantities, prices, lead times, artwork approval procedures, payment and delivery are set out in the quotation and in any separate agreement accepted by the Customer.

The right of withdrawal is excluded for goods made to the Customer’s specifications or clearly personalised, in the cases provided for by Article 59 of the Italian Consumer Code. Any such exclusion will be disclosed to the Customer before the relevant contract is concluded.

Prices, currency, taxes and promotions

The applicable prices are those displayed on the Website when the order is submitted. Prices and the total amount payable are stated in euros. Any currency conversion fees charged by the Customer’s bank or payment service provider are not determined by Miriade.

Prices include applicable taxes where expressly stated. Any delivery charges and other costs known to the Seller are indicated before the order is submitted.

For deliveries outside the European Union, any customs duties, import taxes or charges imposed by authorities or local operators are payable by the Customer. These amounts are neither determined nor collected by Miriade and may vary depending on the country of destination.

Promotional codes may be entered in the relevant field during checkout. Before submitting the order, the Customer must check that the discount has been applied to the total. The validity period, excluded products, minimum spend, whether the offer may be combined with others, and any other terms are specified in the relevant promotion. Unless otherwise stated, only one promotional code may be used per order. In the case of promotional sales, the overall discount may be allocated proportionally among the items in the order.

Purchase process and conclusion of the contract

To make a purchase, the Customer follows the steps indicated on the Website, which include in particular:

1. Adding the selected products to the basket
2. Reviewing and confirming the basket
3. Entering the required information and selecting the delivery method
4. Reviewing the pre-contractual information
5. Reviewing and accepting these Terms, where requiredSelecting the payment method and submitting the order

Until the order is submitted, the Customer may review and correct the information entered using the basket and checkout functions.

The order submitted by the Customer constitutes an offer to purchase. After receiving the order, Miriade sends the Customer an order acknowledgement email. Unless that communication expressly states otherwise, it does not constitute acceptance of the order.

The contract is concluded when Miriade sends the order confirmation, after checking product availability and payment authorisation. The order confirmation includes a summary of the purchase and the information required by law and is sent to the email address provided by the Customer on a durable medium.

The Customer may download, save or print these Terms. Confirmation of the contract and the information required by law are sent to the Customer on a durable medium.

Account, order changes and cancellation

Registration is optional. The Customer may purchase through a registered account or as a guest. Registered users can manage their orders more easily, save addresses, track any returns, view their Jaked Tribe balance and update their personal details. Customers purchasing as guests cannot view the order in a personal account area and receive information by email and through subsequent shipping notifications.

To earn Goccia Points and use Jaked Tribe benefits online, the Customer must sign in to their account before placing the order. Purchases made as a guest do not earn points and cannot be linked to the account retrospectively.

Once the order has been confirmed, the selected items, quantities or variants cannot be changed online. The Customer may promptly request cancellation through Customer Service. The request can be accepted only if the order has not already entered the preparation or shipping stage. If the order has already been dispatched, the Consumer may exercise the right of withdrawal after delivery, in accordance with the conditions set out below.

Tax documentation

An invoice cannot be requested for orders placed through jaked.com. The Consumer may request a receipt by contacting Customer Service and providing the information required to identify the order.

Payments

The accepted payment methods, where available for the relevant device, country and order, are:

• Credit and debit cards issued by the main card networks
• PayPal
• Scalapay
• Google Pay
• Shop Pay
• Satispay
• Jaked E-Gift Card, where available

The payment methods actually available are shown at checkout, and payment must be completed online when the order is placed. Any instalment payment option is subject to the relevant provider’s terms and approval.

Payments are processed through the systems and providers shown at checkout, which apply the security measures required by their respective applicable standards. Miriade does not store full payment card details and receives from payment service providers only the information required to manage the transaction and the order.

For transactions subject to strong customer authentication, the Customer may be redirected to their bank’s or payment provider’s environment to complete the required checks.

Payment through PayPal is subject to PayPal’s authorisation and confirmation of the transaction. After selecting this method, the Customer is redirected to the PayPal environment to complete payment.

To prevent or investigate fraud, Miriade and the payment service providers may carry out checks proportionate to the risk, in accordance with applicable law and as described in the Privacy Policy. If the checks have an adverse outcome, Miriade may decline or cancel the order, inform the Customer and refund any amounts charged.

Jaked E-Gift Card

The Jaked E-Gift Card is available in amounts ranging from EUR 25.00 to EUR 500.00, may be used in one or more transactions until the balance is exhausted and cannot be reloaded. The E-Gift Card is issued for the nominal value stated in euros and may be used as full or partial payment for eligible purchases.

The E-Gift Card may be used on jaked.com and through the app for orders delivered in Italy, as well as in participating Jaked stores. If the purchase price exceeds the available balance, the difference may be paid using one of the other accepted payment methods.

The E-Gift Card is valid for 12 months from the date of purchase. The expiry date is stated in the email containing the Gift Card. If the purchaser schedules delivery to the recipient for a later date, the validity period will nevertheless run from the date of purchase.

The purchaser is responsible for the accuracy of the recipient’s name and email address, the message and the delivery date entered when making the purchase.

The E-Gift Card is non-refundable, cannot be redeemed for cash after purchase and cannot be reloaded, without prejudice to any mandatory Consumer rights under applicable law.

The E-Gift Card is a payment method and may be used together with discount codes and Jaked Tribe benefits, subject to any limitations expressly stated in the relevant promotion. Purchasing an E-Gift Card does not earn Goccia Points.

If the email containing the E-Gift Card is lost, the purchaser may contact Customer Service and provide the email address used for the purchase, the order number and any further information required for verification. Once the purchaser’s identity and the purchase have been verified, Miriade may resend the communication. Miriade is not liable for any balance already used by third parties before the loss is reported, unless such use is attributable to Miriade.

The specific and current terms governing use of the E-Gift Card are available at the following link: https://www.jaked.com/pages/giftcard-terms.

Jaked Tribe

Jaked Tribe is Jaked’s loyalty programme. Membership is optional and requires the creation of an account and acceptance of the programme terms.

Membership of Jaked Tribe, the earning of Goccia Points, tiers, benefits, exclusions and the relevant expiry dates are governed by the current Jaked Tribe Rules, which must be made available before enrolment and in the personal account area. Jaked Tribe Rules: https://www.jaked.com/en/pages/tribe. 

The Customer earns one Goccia Point for each whole euro actually paid, including VAT and after discounts and promotions. Delivery charges and purchases of E-Gift Cards do not earn Goccia Points. Additional points may be awarded for missions or activities expressly indicated in the app, on the Website or in the current Rules.

Points may be earned on jaked.com, through the app and in participating Jaked stores. For online purchases, the Customer must sign in to their account before submitting the order. Purchases made as a guest do not earn points and cannot be linked to the account retrospectively.

The Jaked Tribe tiers and main benefits are:

• Style Seeker, up to 299 Goccia Points: 5% discount and free delivery in Italy once the standard threshold of EUR 79.90 is reached
• Game Insider, from 300 to 599 Goccia Points: 10% discount and free delivery in Italy on orders of EUR 49.90 or more
• Trend Setter, from 600 Goccia Points: 15% discount and free delivery in Italy with no minimum order value

Goccia Points have no monetary value, cannot be converted into cash or discount vouchers and are used to determine the Jaked Tribe tier and any benefits provided for in the Rules.

The discount associated with a Jaked Tribe tier cannot be combined with other discount codes or promotions unless the relevant initiative expressly provides otherwise. As a payment method, the E-Gift Card may also be used for an order to which a Jaked Tribe discount has been applied, subject to any expressly stated limitations.

In the event of a return, the Goccia Points awarded for the returned product are deducted from the balance. If the deduction changes the total number of points, the tier and related benefits may be updated.

Goccia Points are valid for one year. The applicable expiry date is shown in the Customer’s account and in the current Jaked Tribe Rules.

Miriade may suspend the account, cancel points or deny benefits in the event of fraudulent, abusive or non-compliant use, after carrying out the necessary checks and without prejudice to the Customer’s rights.

Further information about Jaked Tribe is available at the following link: https://www.jaked.com/pages/tribe.

Shipping and delivery

The Website accepts orders for delivery in Italy, in European Union countries other than the Canary Islands and the Azores, and in certain non-EU countries made available at checkout.

Miriade uses Poste Italiane for deliveries within Italy and DHL Express for international deliveries, unless a different carrier is indicated at checkout or in the shipping notification.

Orders are normally prepared within 24-48 business hours. Once the order has been handed over to the carrier, delivery generally takes:

• 3-5 business days in Italy and in most European Union countries
• 5-7 business days for destinations outside the European Union

Delivery times are estimates and may vary during periods of high demand, public holidays, customs checks, force majeure events or delays beyond Miriade’s control. Unless otherwise agreed, delivery will in any event take place within the period required by applicable law. In the event of delay, the Consumer may exercise the remedies provided for by Article 61 of the Italian Consumer Code.

Shipping costs are calculated at checkout according to the country of destination, postal code or ZIP code and the total weight of the order. For orders delivered in Italy, shipping is free once the threshold of EUR 79.90 is reached, subject to different promotions or Jaked Tribe terms.

The actual applicable cost is always shown in the checkout summary before the order is submitted.

When the order is dispatched, the Customer receives an email and/or SMS containing the tracking number. Delivery, storage, collection and rescheduling options are those made available by the carrier for the relevant destination.

Current information on countries, costs and delivery times: https://www.jaked.com/pages/delivery.

Passing of risk

Where Miriade arranges shipment, the risk of loss of or damage to the products for reasons not attributable to the Seller passes to the Consumer only when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the products, except in the cases provided for by Article 63 of the Italian Consumer Code.

Statutory right of withdrawal

The Consumer has the right to withdraw from the contract, without giving any reason, within 14 days from the date on which the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the products. Where several products are ordered in a single order and delivered separately, the withdrawal period runs from delivery of the last product.

To exercise the right of withdrawal, the Consumer must notify Miriade, before the withdrawal period expires, by means of an unequivocal statement of their decision. The notice may be submitted through the Customer Service contact form available at the following link: https://jakedsupport.zendesk.com/hc/it/requests/new.

The right of withdrawal is excluded only in the cases provided for by Article 59 of the Italian Consumer Code that are actually applicable to the product or service purchased. Any exclusion is disclosed before the order is submitted or the contract is concluded.

For sealed products which are not suitable for return for health protection or hygiene reasons, the right of withdrawal is excluded only if the seal has been broken after delivery and the conditions laid down in Article 59 of the Italian Consumer Code are met.

For orders delivered outside the European Union, any mandatory rights granted to the Consumer under the law applicable in the relevant country remain unaffected. In addition, where expressly stated, Miriade offers a commercial return policy of up to 30 days from delivery, subject to the terms described on the returns page.

Online withdrawal function

For contracts concluded through the online interface, the Consumer may also exercise the right of withdrawal through the dedicated online function, which is clearly accessible on the Website and allows the Customer and order to be identified, the decision to withdraw to be confirmed and confirmation on a durable medium to be received without undue delay.

Returns under the statutory right of withdrawal

After notifying Miriade of the withdrawal, the Consumer must return the products without undue delay and in any event within 14 days. The deadline is met if the products are handed over to the carrier before it expires.

Products must be returned in accordance with the instructions provided by Customer Service. Returns from within Italy are free of charge if made using the procedure and shipping label provided by Miriade. For returns sent from abroad, the direct return costs and any customs charges are payable by the Consumer, unless otherwise stated or mandatory rights apply.

Products returned from abroad must be sent using a tracked service to the following address: Miriade S.p.A. - Returns Department, Interporto Lotto C A19-A20-A21, 80035 Nola (NA), Italy.

When exercising the statutory right of withdrawal, the Consumer may inspect the product to the extent necessary to establish its nature, characteristics and functioning. The Consumer is liable only for any diminished value resulting from handling beyond what is necessary for that inspection. Missing or damaged original packaging does not automatically result in loss of the right of withdrawal, but may be taken into account when assessing any diminished value of the product.

Commercial return extension up to 30 days

In addition to the statutory right of withdrawal, Miriade allows the Customer to request a return up to 30 days after delivery, subject to the conditions set out on the returns page. The conditions of this commercial extension do not limit the Consumer’s statutory rights.

To benefit from the commercial return extension from day 15 to day 30, the products must be intact, not used beyond reasonable inspection, and complete with labels, accessories and original packaging.

A commercial return request must be submitted within 30 days of delivery. The products must be handed over to the carrier within the period stated in the return instructions provided by Customer Service.

Any exchange for a different item, size, colour or variant is handled by returning the original product and placing a new order, unless Customer Service indicates otherwise.

Return terms and procedure: https://www.jaked.com/pages/returns.

Refunds

Where the statutory right of withdrawal is exercised, Miriade refunds all payments due, including the initial standard delivery costs where required by law, without undue delay and in any event within 14 calendar days from the date on which it is informed of the Consumer’s decision to withdraw. Miriade may withhold the refund until it has received the products or until the Consumer supplies evidence of having sent them back, whichever occurs first.

The refund is made using the same payment method used for the purchase, unless otherwise agreed, at no cost to the Consumer. Any additional costs resulting from the Customer’s choice of a delivery method more expensive than the standard option offered are not refunded.

For returns made under the commercial extension from day 15 to day 30, the refund is issued after the products have been received and inspected, within 14 calendar days of acceptance of the return.

If an order paid entirely with an E-Gift Card is refunded, the amount due is credited back to the same Gift Card. If payment was made partly with an E-Gift Card and partly with another payment method, the refund is divided between the same methods in proportion to the amounts originally charged to each.

If the original E-Gift Card has expired or cannot technically receive a refund that is due, Miriade will reactivate the balance or issue a new E-Gift Card for the same amount, valid for 12 months from the date of issue.

The time required for the funds to appear may depend on the bank or payment service provider and is outside Miriade’s control.

Statutory guarantee of conformity

All products sold to Consumers are covered by the statutory guarantee of conformity provided for by Articles 128 et seq. of the Italian Consumer Code. As the Seller, Miriade S.p.A. is liable for any lack of conformity existing at the time of delivery that becomes apparent within two years of delivery of the product.

Unless proved otherwise, any lack of conformity that becomes apparent within one year of delivery is presumed to have existed at the time of delivery, unless that presumption is incompatible with the nature of the product or the nature of the lack of conformity.

To request assistance, the Consumer must contact Customer Service, describe the defect and provide the information needed to identify the purchase. Miriade may request photographs or other relevant documentation and, where necessary, arrange for the product to be returned at no cost to the Consumer so that its internal department can inspect its condition and determine whether an original lack of conformity exists.

The technical assessment does not automatically constitute acceptance of the defect and does not prejudice the Consumer’s rights. It must be completed within a reasonable period and without significant inconvenience to the Consumer.

Where a lack of conformity is established, the Consumer is entitled, free of charge, to have the product brought into conformity by repair or replacement, unless the chosen remedy is impossible or would impose disproportionate costs on the Seller under the criteria laid down by law.

In the cases provided for by the Italian Consumer Code, including where repair or replacement is impossible, disproportionate, has not been completed within a reasonable period, or the defect is sufficiently serious, the Consumer may obtain a proportionate price reduction or terminate the contract. Termination is not available where the lack of conformity is minor.

Damage resulting from misuse, accident, normal wear and tear, poor maintenance, failure to follow care or use instructions, use inconsistent with the product’s technical characteristics, or other causes arising after delivery and not attributable to an original lack of conformity does not constitute a lack of conformity.

Purchases from retailers or other websites

Through jaked.com, Miriade manages only orders concluded on the Website. For returns, refunds, complaints or guarantee claims relating to products purchased from a retailer, third-party store or another website, the Customer must contact the seller from whom the product was purchased, without prejudice to any rights provided by law.

Retention of title

Miriade retains ownership of the products until the price, charges and taxes due have been paid in full, without prejudice to the passing of risk in accordance with the law and these Terms.

Intellectual property

Unless otherwise stated, the content of the Website is owned by Miriade or used under licences, authorisations or other lawful rights. Text, trade marks, trade names, logos, designs, models, photographs, images, graphics and other content are protected by applicable law.

The reproduction, distribution, modification, communication or use of content for commercial purposes without the prior authorisation of the rights holder is prohibited, except where permitted by law.

Framing or inline-linking techniques that create confusion as to ownership of the Website or its content are prohibited. Links to the Website must not infringe the rights, reputation or legitimate interests of Miriade or the owners of the content.

Complaints, ADR, governing law and jurisdiction

The Customer may submit a complaint to Customer Service using the contact form. Miriade will review the complaint and, where possible, seek an amicable solution.

If jaked.com displays the Netcomm Trustmark and is included among participating websites, a Consumer who has not received a satisfactory response to a complaint within 45 days may access the Netcomm - Consumer Associations Joint Conciliation Procedure free of charge, in accordance with the rules and procedures published by the relevant body.

Information on Netcomm conciliation: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/.

The Consumer may also refer the dispute to an alternative dispute resolution body, where competent and applicable. Use of an ADR procedure does not affect the right to bring proceedings before the courts.

Contracts concluded through the Website are governed by Italian law. Where the Customer is a Consumer resident in another country, any mandatory consumer protection provisions applicable under the law of the country in which the Consumer has their habitual residence remain unaffected.

For disputes involving a Consumer, the court of the Consumer’s place of residence or domicile has jurisdiction, if located within Italy, without prejudice to any further mandatory venues provided for by applicable law.

Privacy, cookies and marketing communications

Miriade S.p.A. processes personal data relating to purchases, use of the Website, the E-Gift Card, customisation services and membership of Jaked Tribe in accordance with applicable data protection law. Information on the purposes of processing, legal bases, recipients, any international transfers, retention periods and data subject rights is provided in the Privacy Policy. Information on the use of cookies and other tracking technologies is provided in the Cookie Policy and the preference management panel.

Privacy Policy: https://www.iubenda.com/privacy-policy/58441074.

Cookie Policy: https://www.iubenda.com/privacy-policy/58441074/cookie-policy.

The email address provided in connection with a completed sale may be used by Miriade, under Article 130(4) of the Italian Privacy Code, to send communications concerning Miriade’s own products or services similar to those purchased, provided that the Customer has been properly informed and has not objected. The Customer may object free of charge at any time, including through the link contained in each communication. Consent is required, where applicable, for further marketing communications and for channels other than email.

Membership of Jaked Tribe and the processing of data required to manage accounts, points, tiers and benefits are separate from any consent to marketing and promotional profiling. The Customer may join the programme without being required to provide optional consents that are not necessary for its operation.

Order retention and amendments to the Terms

Contractual and accounting documentation relating to orders is retained for the periods required by applicable law. Information on the retention periods for personal data is provided in the Privacy Policy.

Miriade may amend these Terms for future orders. The version of the Terms made available to the Customer when the order is submitted applies to the contract. Subsequent amendments do not affect contracts already concluded.