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General conditions of sale
General conditions of sale
1. Object
1.1. These general conditions of sale (hereinafter “ Conditions ”) apply to the purchase of products bearing the trademarks “VALENTINA FERRAGNI”, “VALENTINA FERRAGNI STUDIO” or “VFS”, in the denominative or figurative version (hereinafter “ Products ” or singular “ Product ”) carried out through the e-commerce site www.vfsthestudio.com (hereinafter the “ Site ”) by users who can be classified as “Consumers” pursuant to the following article 1.2.
1.2. The Site, owned by Vieffe Srl, a single-member company, with registered office in Milan, via Fatebenefratelli n. 15, tax code, VAT number and Company Register number No. 10802410968 (hereinafter “ Owner ”), is managed by Vivaio Ventures Srl, with registered office in via Nerino 3, 20123 Milan, Italy, tax code and VAT number No. 12352160969 (“ Vivaio ”).
1.3. The Owner is responsible for the sale of Products through the Site. Purchases of Products made through the Site will involve the Owner as the seller (hence, hereinafter, the Owner will also be referred to as the " Seller ") and the person who proceeds with the purchase of one or more Products for purposes not related to his or her entrepreneurial, commercial, artisanal or professional activity, as the buyer (hereinafter the " Consumer " - Seller and Consumer will hereinafter be collectively referred to as the " Parties ").
1.4. The Owner also owns the rights to the domain name and all content of the Site, including the related logos and trademarks, the Products, as well as the copyright on the contents of the Site.
1.5. Any communication from the Consumer connected and/or related to 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 at the addresses and according to the methods indicated on the Site and to the e-mail address info@vfsthestudio.com .
1.6. Each purchase is governed by the Conditions in the version published on the Site at the time the order is sent by the Consumer.
1.7. The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply, but, notwithstanding their provisions:
· the buyer will not be granted the right of withdrawal referred to in Article 10;
· the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;
· the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;
· the sales contract concluded between the Seller and the buyer will be governed in any case by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.8. Upon submission of the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these Conditions will be sent to him via email to the address declared by the same during registration on the Site or during the purchase process.
1.9. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.10. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Product characteristics and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other conditions or terms.
2.2. The Seller reserves the right to modify the Conditions at any time, at its sole discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site, and/or their features may be subject to change without notice. Such changes apply only to orders not yet confirmed on the date of the change. In any case, before submitting the purchase order pursuant to Article 3 below, the Consumer is invited to verify the final sale price.
2.4. The Site can be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed on the Site.
2 bis . GIFT CARD
1. 2 bis . Description and validity of the Gift Card
1.1. 2 bis . The virtual "Gift Card," available in the fixed amounts indicated on the Site, can be used by the Consumer or a third party to purchase any Product on the Site, with the exception of additional Gift Cards, until its value is exhausted. The Gift Card is not nominative. The "Gift Card" can only be purchased by users in the European Union. The Consumer may purchase one or more Gift Cards for themselves or as a gift to a third party.
1.2. 2 bis . The purchased Gift Card cannot be reloaded and can be used multiple times until the credit is exhausted. It can only be used to purchase Products—and not to purchase additional Gift Cards—through the Site.
1.3. 2 bis . The Gift Card is valid for 12 (twelve) months starting from:
· from the Consumer's receipt of the Gift Card activation email, or
· from the receipt of the email containing the Gift Card code by the third party, if the Consumer has purchased the Gift Card as a gift to a third party.
1.4. 2 bis . The amount paid for the purchase of the Gift Card will be transferred to the Seller as an interest-free deposit and cannot be converted into cash, nor can it be credited to a credit card or bank account.
1.5. 2 bis . The purchase of the Gift Card is not subject to VAT pursuant to art. 2, paragraph 3, letter a), of Presidential Decree 633/1972. The purchase invoice will therefore contain the wording "Excluded from the scope of VAT application pursuant to art. 2, paragraph 3, letter a), of Presidential Decree 633/1972".
2. 2 bis . Gift Card Purchase Procedure – Completion of the Purchase Contract
2.1. 2 bis . The Consumer will have the right to request deferred delivery of the Gift Card to a third party. The third party to whom the Gift Card is given will have the right to use it, until its value is exhausted, according to the Conditions.
2.2. 2 bis . In the form relating to the Gift Card to be given to the third party, the Consumer will be asked to indicate:
· sender's name (already filled in if the Consumer has logged in to the Site);
· sender's email (already filled in if the Consumer has logged in to the Site);
· recipient name (optional);
· recipient's email;
· recipient email confirmation;
· accompanying message text (optional);
· date of sending.
2.3. 2 bis . If the Consumer intends to purchase a Gift Card to give as a gift to a third party, he or she must provide the name and email address of that third party during the purchase process. The Consumer is warned and acknowledges that if the Consumer provides an incorrect email address for the third party to whom the Gift Card is to be sent, as indicated during the Gift Card purchase process, the third party will be unable to receive and use the Gift Card, and the Seller will not be held liable in this regard.
2.4. 2 bis . Before submitting the order, the Consumer will view a summary of his or her order, the contents of which he or she may modify. Therefore, the Consumer, after carefully reviewing his or her order, must expressly approve the Conditions by ticking the appropriate checkboxes on the Site. Finally, by clicking the "Pay now" button or equivalent wording, the Consumer will be asked to confirm his or her order, which will then be definitively sent to the Seller and will produce the effects described in the following paragraph 3.2. of the Conditions. When viewing the order summary, the Consumer will also be asked to choose the payment method from those available on the Site. The Consumer will be required to provide the data necessary to complete the payment via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively upon transmission of the order confirmation by the Seller to the Consumer.
2.5. 2 bis . At the end of the procedure illustrated above, the Consumer who has ordered one or more Gift Cards will receive an email confirming their order, containing the order number, a summary of the order placed, and these conditions of sale.
2.6. 2 bis . Following checks to ensure the payment was successful, made according to the methods chosen by the Consumer:
· The Consumer will receive an email containing the order number, the Gift Card code and its value, the expiry date, the related detailed information and instructions on how to use the Gift Card.
· The recipient of the Gift Card, if not the Consumer purchasing the Gift Card, will receive an email upon verification of successful payment with the name of the Consumer who purchased the Gift Card, any accompanying message from the Consumer, the Gift Card code and its value, the expiry date, the related detailed information and instructions on how to use the Gift Card, and the privacy policy.
It is expressly understood that, in the case of a Gift Card purchased as a gift to a third party, the 12 (twelve) month validity period will start from the third party's receipt of the relevant email.
3. 2 bis . How to use the Gift Card
3.1. 2 bis . Immediately after receiving the email containing the Gift Card details, the Gift Card can be used to purchase any Product on the Site, including to cover shipping costs. The Gift Card cannot be used to purchase additional Gift Cards. Activation and use of the Gift Card do not incur any additional costs. The Gift Card can only be used to pay for orders requiring delivery to a European Union country.
3.2. 2 bis .3.2. Multiple Gift Cards may be used for the same order of Products on the Site.
3.3. 2 bis .3.3. To purchase Products using a Gift Card, you must enter the Gift Card code in the appropriate field on the virtual shopping cart page.
3.4. 2 bis.3.4 . The Gift Card can be used for multiple purchases on the Site until the credited amount is used up, within the validity period of the same.
3.5. 2 bis . In the event that the total amount of the order is greater than the credit available on the Gift Card, the remaining amount must be paid by the Consumer using one of the payment methods available on the Site, in order to complete the order.
3.6. 2 bis . After the expiration of its validity period (12 months), the Gift Card cannot be used further and any remaining credit on the Gift Card will not be refunded.
3.7. 2 bis . If one or more Products in the purchase order paid (in whole or in part) with a Gift Card are unavailable, the Seller will cancel the order and issue a full refund of the amount paid. The Gift Card credit used for that order will be credited back to the Gift Card, while any remaining amount paid with another payment method will be refunded using the same payment method selected by the Consumer at the time of order confirmation.
3.8. 2 bis . The Consumer is expressly warned and declares to be aware that knowledge of the Gift Card code allows its use by anyone through the Site: said code must, therefore, be diligently kept and safeguarded by the Consumer or any third party beneficiary of the Gift Card. With reference to the use of the Gift Card, it is understood that between the Consumer purchasing the Gift Card or the third party to whom the Gift Card has been gifted and the Seller, the information resulting from the records, including electronic records, of the Seller's sales system will be authoritative.
4. 2 bis . Right of withdrawal from the purchase of a Gift Card
4.1. 2 bis . The Consumer purchasing a Gift Card is granted the right to withdraw from the Gift Card purchase contract, without any penalty, within 14 (fourteen) days of purchasing the relevant Gift Card, i.e. from the date of receipt of the Gift Card activation email. The right of withdrawal referred to in this paragraph is expressly excluded and cannot be exercised with reference to a Gift Card partially or fully used for the purchase of Products on the Site. In the latter case, the Consumer will be granted the right to withdraw from the purchase of individual Products within the terms set out in the following art. 2 bis.5 . of the Conditions.
4.2. 2 bis . To exercise the right of withdrawal, if the deadline referred to in the previous paragraph 2bis.4.1 has not expired and the Gift Card has not been used, in whole or in part, to purchase Products on the Site, the Consumer must inform the Seller of his or her decision to withdraw, following the procedure indicated in the following Article 10 of the Conditions.
4.3. 2 bis . Pursuant to the provisions of the previous paragraph 2 bis.4.2 , the Consumer will receive an email confirming the withdrawal and deactivation of the Gift Card, containing:
· the order number from which you are withdrawing,
· the code of the Gift Card subject to withdrawal and deactivation;
· the expiration date and value of the Gift Card.
In the event of withdrawal exercised in relation to a Gift Card purchased as a gift to a third party, the latter will receive an email informing them of the deactivation of the Gift Card as a result of the Consumer exercising his right of withdrawal.
4.4. 2 bis . In the event of withdrawal pursuant to this paragraph 2 bis . 4, the payment made for the purchase of the Gift Card will be refunded to the Consumer without undue delay and, in any case, no later than 14 (fourteen) days from the communication of the intention to exercise the right of withdrawal. This refund will be made using the same payment method used by the Consumer when purchasing the Gift Card.
5. 2 bis . Right of withdrawal from the purchase of Products using a Gift Card
2 bis .5.1. In the event of the purchase of one or more Products using a Gift Card, the Consumer will have the right to exercise the right of withdrawal, pursuant to the following art. 10 of these Conditions. In the event of the Consumer exercising the right of withdrawal relating to the purchase of Products paid for, partially or totally, with credit deriving from a Gift Card, if the conditions set forth in the following art. 10 of the Conditions exist, the amount paid for the purchase order for which the right of withdrawal is being exercised will be credited back, for the amount paid via Gift Card, to the Gift Card itself – and this will be spendable by the Consumer under the terms and conditions set forth above – and any additional amount paid with one of the other payment methods available on the Site will be refunded to the Consumer, under the terms and conditions set forth in the following paragraph 10.5 of the Conditions, via the same payment method.
3. Product Purchase Procedures - Completion of each individual purchase contract
3.1. The Consumer acknowledges and accepts that the Owner and the Seller will do their best to present the Products on the Site faithfully, but the actual appearance (for example, colors and dimensions) of the Products may vary slightly from those shown on the Site, given the natural limitations of the sales channel. The presentation of the Products on the Site, which is not binding on the Seller or the Owner, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller via the Website constitutes a contractual proposal and is governed by these Conditions, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print button, and to save or reproduce a copy for personal use. Furthermore, the Consumer will be asked to identify and correct any errors in the data entered.
3.3. The Consumer's purchase order is accepted by the Seller—and the sale is completed—by sending the Consumer an order confirmation email to the email address provided to the Seller upon registration on the Site, or upon placing the order if the Consumer is not registered on the Site. This email will contain a link to these Terms and Conditions, a summary of the order placed, including a detailed price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation, and the Terms and Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems, and the Consumer may request a copy by sending an email to the Seller at info@vfsthestudio.com.
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via email.
4. Product selection and purchase procedure
4.1. The Products presented on the Site may be purchased by selecting the Products the Consumer is interested in and adding them to the virtual shopping cart. Once the Products have been selected, to purchase the Products placed in the cart, the Consumer will be asked to (i) register on the Site by providing the requested information, or (ii) log in if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the contract to be concluded pursuant to the Conditions. If the information indicated in the order is different from that provided during registration on the Site, the Consumer will be asked to confirm their data (for example, but not limited to: name, surname, etc.), as well as the delivery address for the selected Products, the billing address, and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which can be modified. The Consumer, after carefully reading it, must expressly approve the Conditions by checking the appropriate checkbox on the Site. Finally, by clicking the "Submit Order" button or other equivalent wording, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will produce the effects described in the previous article 3. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer chooses immediate payment (at the time of purchase) by credit card or PayPal, they will be required to provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively upon transmission of the order confirmation by the Seller to the Consumer.
4.2. If, during the Product selection procedure on the Site referred to in the previous point 4.1, the Consumer finds that the price of one or more of the Products he intends to select for subsequent purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem that has occurred on the Site, he is requested not to complete his purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an email to the email address info@vfsthestudio.com .
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the day on which the Consumer placed the order. In the event of failure by the Seller to fulfill the order due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the Product pursuant to paragraph 5.3 below. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the date the Seller receives the payment.
5.3. The Products ordered by the Consumer will be shipped using the method selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or any discrepancies from the order placed, according to the procedure set forth in Article 8 of these Conditions. Otherwise, the Products will be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at their destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery "with reservations."
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which are calculated before the order is confirmed by the Seller to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price, including shipping costs, as indicated in the order and in the order confirmation sent by email by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if applicable, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered or in international agreements with Italy. The Consumer is encouraged to consult the competent authorities of their country of residence or destination of the Products to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions shall be the sole responsibility of the Consumer.
6.5. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in the previous paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and that he/she shall not in any way be entitled to charge the aforementioned charges to the Seller.
7. Payments
7.1. Payment for Products purchased through the Site must be made within 10 (ten) days of the date the order confirmation is sent by the Seller to the Consumer. The Consumer expressly accepts that the Seller's execution of the contract will begin upon crediting the price of the purchased Product(s) to the Seller's current account.
7.2. Payment can be made by credit card, PayPal, or Klarna, under the conditions described below, or, if available, via Gift Card. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the payment will be processed directly through the secure infrastructure of Shopify, the operator that handles payments on behalf of the Seller, which is PCI-DSS certified. The transmitted data will be sent securely, using SSL/TLS encrypted data transfer with advanced encryption (up to 256 bits). This data is not accessible to either the Seller or Vivaio. The Consumer can use a Gift Card to pay for the Products by entering their Gift Card code in the appropriate section on the virtual cart page.
7.4. The Seller will promptly send the Consumer, where required by applicable law, in electronic format via email to the address provided by the Consumer, the receipt relating to the purchase made, if the Products purchased are intended for delivery within Italy, or attached in paper format to the Products purchased, in all other cases.
8. Legal guarantee of conformity of the Seller and the Owner, reporting of defects of conformity and interventions under warranty
8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and will conform as closely as possible to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty does not apply in the event of use or washing of the Product not in accordance with the Product's intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant illustrative documentation, tags, or labels. The Seller also guarantees that the product is of the quantity, quality, durability, functionality, compatibility, and safety normally found in a product of the same type.
8.2. The Consumer may report any defects or non-conformities by sending a complaint to Customer Service at info@vfsthestudio.com , specifying the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form (at least one photograph of the Product, the order confirmation sent by the Seller, and/or the receipt). Any action to assert defects not fraudulently concealed by the Seller shall in any case expire twenty-six months after delivery of the Products to the Consumer.
8.3. Upon receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products. The Seller will provide the Consumer with a response containing the "Return Code" via email to the address provided by the Consumer during the registration process on the Site or when placing the order. Authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be verified after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice containing the "Return Code," within 30 (thirty) days of reporting the defect or non-conformity, to the following address: Vieffe Srl a socio unico, c/o Amphora Italia Srl - Via San Bernardino 6, Legnano (Milan).
8.4. In the event of defects or non-conformity, the Consumer will have the right to have the Product brought into conformity by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
8.5. If the Seller has agreed to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product or by bank transfer. It will be the Consumer's responsibility to provide the Seller with their bank details to make the transfer, again by email to info@vfsthestudio.com, so that the Seller can refund the amount due. Regarding the refund of the price paid, in whole or in part, by the Consumer using a Gift Card, please refer to the provisions of paragraph 2bis.5 above.
9. Liability for damage caused by defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of the Consumer Code apply.
10. Right of withdrawal
10.1. Without prejudice to the exceptions set forth in Article 59 of the Consumer Code and without prejudice to the provisions of paragraphs 2bis.4 and 2bis.5 above, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without incurring any penalty, within 14 (fourteen) days from (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately in a single order, the last Product was delivered.
10.2. To exercise the right of withdrawal, the Consumer must inform the Seller before the expiration of the deadline referred to in the previous point 10.1. The Consumer can send an explicit declaration to the Seller via the contact form or to the email address info@vfsthestudio.com , following the instructions here and, if applicable, the withdrawal form provided by Customer Care.
10.3. Following the provisions of the previous point 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing, if he has already received the ordered Product in the meantime, the return form to be included in the package, and the instructions for returning the Product, to be sent within and no later than the following 14 days to:
Vieffe Srl a socio unico, c/o Amphora Italia Srl
Via San Bernardino 6, Legnano (Milan).
10.4. If the Consumer has received the Product, he or she is required to return it to the Seller without undue delay and, in any case, within 14 (fourteen) days from the day on which you communicated the withdrawal. The deadline is met if the Consumer sends the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the right of withdrawal via the Site, before confirming the withdrawal request, the cost of returning the goods will be indicated, should the Consumer wish to use the return service offered by the Site.
10.5. In the event of withdrawal, the Consumer will be refunded for payments made, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the least expensive standard delivery method offered), without undue delay and, in any case, no later than 14 days after exercising the right of withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method, in which case the Consumer will be responsible for any additional costs resulting from the different payment method. The refund may be suspended until the Products are received or until the Consumer demonstrates that they have returned the goods, whichever is earlier. Regarding the refund of the price paid, partially or in full, by the Consumer using a Gift Card, please refer to the provisions of paragraph 2bis.5 above.
10.6. The Consumer is responsible for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their parts and accessories (including intact labels and tags attached to the product), not accompanied by the accompanying instructions/notes/manuals, the original packaging and wrapping, and the warranty certificate, if applicable, the Consumer will be liable for the diminished value of the goods and will be entitled to a refund equal to the residual value of the Product. To this end, the Consumer is therefore advised not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.
11. Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, design , written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Owner and/or its successors in title, without access to the Site and/or the purchase of the Products being able to derive any right over the same for the Consumer.
11.2. The contents of the Site may not be reproduced, either in whole or in part, nor transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
12. Consumer data and privacy protection
12.1. In order to register, place an order, and therefore conclude a contract under these Terms and Conditions, the Consumer is required to provide certain personal data through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the seller and the Data Controller in accordance with and in compliance with the provisions of EU Regulation 2016/679 of April 27, 2016, to process each purchase made through the Site and, subject to the Consumer's consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the specific section of the Site “My Account” accessible after authentication.
12.4. For any further information on how we process your personal data, please access the Privacy Policy section and carefully read the General Conditions of Use.
12.5. The Consumer also acknowledges that, in the event of purchasing a Gift Card to be sent to a third party, the Consumer must provide the Seller with the third party's details, to whom appropriate information will be sent pursuant to art. 14 of EU Regulation 2016/679.
13. Safety
13.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided authentication (login), will not be accessible or viewable by unauthorized third parties.
13.2. For credit card payment data, the Seller uses the services of Global Collect Service BV, which adopts technological systems designed to guarantee the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.
14. Applicable law, conciliation attempt and competent court
14.1. Any sales contract concluded between the Seller and Consumers pursuant to these Conditions will be governed by and construed in accordance with Italian law, in particular the Consumer Code, with specific reference to the regulations regarding distance contracts, and Legislative Decree no. 70 of 9 April 2003, as amended, regarding certain aspects of e-commerce. In any case, any rights granted to Consumers by mandatory provisions of law in force in their country of residence will be safeguarded.
14.2. In the event of disputes between the Seller and the Consumer, the latter may invite the Seller to an Alternative Dispute Resolution procedure, choosing from among the competent bodies in the EU Member States, as per the following link: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=it&f%5B0%5D=adr_origin_cty_vocab_adr_origin_cty_org_assoc%3Ahttp%3A//publications.europa.eu/resource/authority/country/ITA#oe-list-page-filters-anchor . This alternative dispute resolution procedure is voluntary and subject to the Seller's membership in the ADR body or the procedure itself, except in cases where the law requires the procedure to be mandatory.
14.3. If the Consumer does not participate in the ADR attempt referred to in the previous point, or if such attempt is unsuccessful, the dispute will be referred to the court of the Consumer's place of residence or domicile. If the purchase on the Site is made by a person who is not a Consumer, the dispute will be referred to the Court of Milan.
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Last updated: February 2026