TERMS AND CONDITIONS
These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document. The User is requested to read this document carefully.
The person responsible for this website is:
Fashion Studio di Vittoria Cavanna – Via di Scurreria 2, A – 16123 Genova (GE)
Owner email address: firstname.lastname@example.org
CONDITIONS OF USAGE
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to satisfy the following requirements:
- There are no restrictions referring to Users with respect to whether they are Consumers or Professional Users.
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner. You can use the Service without opening a User account.
It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials. Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.
The User is free to close their account and cease using the Service at any time by following this procedure:
- By contacting the Data Controller at the addresses in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
CONTENT ON THIS WEBSITE
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on this Website does not violate applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to address the related complaints to the addresses specified in this document.
Rights on the contents of this Website
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and / or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright law remain unaffected.
ACCESS TO EXTERNAL RESOURCES
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service may be used only for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the User’s sole responsibility to ensure that the use of this Website and / or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Data Controller reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Site. Web or the Service to the competent authorities – p. ex. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
- violations of the law, regulations and / or the Terms;
- injury to the rights of third parties;
- acts that may considerably prejudice the legitimate interests of the Data Controller;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
All Products offered on this Website as part of the service are subject to a fee.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
To purchase the Products, the User can register or log in to this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the utmost accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and to verify their purchase choice.
- After checking the information visible in the purchase choice, Users can place the order by forwarding it.
SENDING THE ORDER
Sending the order involves the following:
- The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User’s obligation to collaborate with consequence.
- Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
- include all applicable fees, taxes and costs.
PROMOTIONS AND OFFERS
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that can be enforced by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Controller’s office, as indicated in the contact details in this document.
Promotions and discounts can be offered in the form of Coupons.
In case of violation of the conditions applicable to the Coupons, the Owner can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate judicial offices in order to protect his rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers shown on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions.
Unless otherwise specified, the following rules apply to the use of Vouchers:
- Each Voucher is valid only if used in the manner and within the time period specified on the website and / or on the Voucher;
- The Voucher can only be redeemed in its entirety at the time of purchase – partial use is not permitted;
- Unless otherwise specified, the single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
- Coupons are not cumulative;
- The Voucher must be used within the specified validity period. Once the term has expired, the voucher will be automatically canceled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
- The User is not entitled to any credit / refund / compensation if there is a difference between the value of the Voucher and the redeemed value;
- The voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and / or use of the Voucher.
The details of the accepted means of payment are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this website.
All payments are managed independently by third party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are the responsibility of the User.
RESERVE OF OWNERSHIP
Until the payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.
RESERVE OF RIGHTS OF USE
Until the payment of the full purchase price is received by the Owner, the User does not purchase the rights of use of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details indicated in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchase procedure.
The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the ‘User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt starting from the second will be charged to the User.
RIGHT OF WITHDRAWAL
Unless there is an exception, the User may have the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
> Who enjoys the right of withdrawal
If one of the exceptions listed below does not occur, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
> Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal deadline expires.
When does the withdrawal deadline expire?
- In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods.
- In the event of the purchase of several goods ordered together, but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – from the latter in charge and different from the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User.
The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User must not incur any costs as a consequence of the withdrawal.
Withdrawal from contracts for the purchase of tangible assets
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund can be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods resulting from the use of the goods other than that necessary to establish their nature, characteristics and functioning.
> The return shipping costs are charged to the User
LEGAL PRODUCT CONFORMITY GUARANTEE
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If the Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant these Users broader rights.
Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside.
LIMITATION OF LIABILITY AND INDEMNITY
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim – including, without limitation, legal fees and expenses – advanced by third parties to due to or in connection with culpable conduct such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, joint owners of the brand, partners and employees, to the extent required by law.
Limitation of liability for the User’s activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.
The foregoing does not limit the Controller’s liability for death, damage to the person or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or damage caused by willful misconduct or gross negligence, provided that the use of this Website by the User has been suitable and correct.
Unless the damages have been caused with intent or gross negligence or affect life and / or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
NO IMPLIED WAIVER
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
INTERRUPTION OF THE SERVICE
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).
RESALE OF THE SERVICE
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under the regulations and international treaties applicable to intellectual property.
All trademarks – word or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the legislation and international treaties applicable to intellectual property.
MODIFICATIONS OF THE TERMS
The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.
If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.
ASSIGNMENT OF THE CONTRACT
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one. In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not lead to nullity of the entire Agreement, unless the provisions that are void, invalid or ineffective under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose. These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. These Terms will be implemented to the fullest extent permitted by law.
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Data Controller is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
FRIENDLY COMPOSITION OF DISPUTES
Users can report any disputes to the Owner, who will try to resolve them amicably.
Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
CONSUMER DISPUTE RESOLUTION PLATFORM
The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here.
DEFINITIONS AND LEGAL REFERENCES
This Website (or this Application)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not correspond to the definition of Consumer.
Voucher or Coupon
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (o Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Model withdrawal form
Fashion Studio di Vittoria Cavanna – Via di Scurreria 2, A – 16123 Genova (GE)
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (enter here a description of the goods / services you intend to withdraw from the purchase)
- Ordered : _____________________________________________ (insert date)
- Received: _____________________________________________ (insert date)
- Name of consumer/ consumers:_____________________________________________
- Address of consumer/ consumers:_____________________________________________
- Date: _____________________________________________
(sign only if this form is notified on paper)
Owner (or Us)
Indicates the natural or legal person who provides this Website and / or offers the Service to Users.
A good or service that can be purchased through this Website, such as tangible goods, digital files, software, booking services, etc.
The sale of a Product can be part of the Service, as defined above.
The service offered through this Website as described in the Terms and on this Website.
All the conditions applicable to the use of this Website and / or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
User (or You)
Means any natural person who uses this Website.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.