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General Terms and Conditions of Sale

  1. Subject

1.1. These general terms and conditions of sale (hereinafter also the “Conditions”) shall apply to the purchase of Valentina Ferragni brand products (hereafter the “Products” or individually the “Product”) via the di e-commerce website www.valentinaferragnistudio.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below. The Site, which is the property of  Vieffe Srl , with registered office in Milano, Via Fatebenefratelli, 15, tax code, VAT no. and Business Register enrolment no.10802410968 (hereafter the “Owner”), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (hereafter “TRIBOO DIGITALE”).

1.2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the  "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").

1.3. The Owner is not a party of these Conditions, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address  info@valentinaferragnistudio.com.

1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.

1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only.  It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:

  1. the withdrawal right referred to in article 10 shall not apply to the buyer; 
  2. the Product warranty referred to in article 8 shall not apply to the buyer;
  3. no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer; 
  4. the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.

 

1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process. 

1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.9. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

  1. Product features and availability in the various geographical areas.

2.1. The Products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these Conditions at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards. 

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 The Site can be accessed from all over 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.

 2bis. Gift Card.

2bis.1. Description and validity of the Gift Card.

2bis.1.1. The virtual “Gift Card”, available to the fix fees provided for on the Site, can be used by the Customer or by a third party to purchase any Products available on the Site, with the exception of further Gift Card, up to the exhaustion of its value. The Gift Card is not personal. The “Gift Card” is purchasable exclusively by users of the European Union.

The Customer will be able to purchase one or more Gift Card for its own or for a third party.

2bis.1.2. The purchased Gift Card shall not be recharged and will be usable several times up to the exhaustion of the related credit exclusively for the purchase of the Products – with the exception of further Gift Card – through the Site.

2bis.1.3. The Gift Card has a validity of 12 (twelve) months starting:

  • from the receipt by the Customer of the Gift Card’s activation e-mail;
  • from the receipt of the e-mail containing the Gift Card code by the third party, if the Customer purchased the Gift Card in order to give it to a third party.

2bis.1.4. The amount paid for the purchase of the Gift Card will be transferred to the seller as a non-interest-bearing deposit, shall not be converted to cash, as well as shall not be credited on credit card or bank account.

2bis.1.5 The purchase of the Gift Card is not subject to VAT, according to the article 2, comma 3, l. a) of the D.P.R. 633/1972. So, the purchase invoice will report the wording “Excluded by the scope of VAT application according to the art. 2, co. 3, l. a) of the D.P.R. 633/1972”.

2bis.2 Gift Card purchase procedure – Conclusion of the purchase contract.

2bis.2.1. The Customer will have the right to request the delayed sending of the Gift Card to  third party.

The third party to whom the Gift Card will be donate will have the right to use it, up to the exhaustion of its value, according to the current conditions.

In the form related to the Gift Card to be donate to the third party, to the Customer will be requested to indicate:

  • the sender’s name (already filled out if the Customer has provided to the login to the Site);
  • the sender’s email address (already filled out if the Customer has provided to the login to the Site);
  • the recipient’s name;
  • the recipient’s e-mail address;
  • confirmation of the recipient’s email address;
  • text of the accompanying message (optional);
  • sending date.

In the case in which the Customer intends to purchase a Gift Card in order to donate it to a third party, shall communicate the name and the email address of the aforementioned third party during the related purchase process. The Customer is warned and represents to be aware that the wrong indication of the relevant third party’s email address, will result in the impossibility for the third party to receive and use the Gift Card, without any liability for the Seller.

2bis.2.2 Before its delivery, the Customer will visualize the summary of its order, in relation to which will be able to modify the contents: so, the Customer, upon careful reading of its order, shall expressly accept these conditions of sale, through the specific check box current on the Site and in the end, through the button “Pay now”, will be requested to the Customer to confirm its order, which will be in this way definitively sent to the Seller and will produce the effects described in the following par. 3.2. of the current conditions of sale. In the step of visualization of the order’s summary, to the Customer will be also require to choose the method of payment, among the ones provided for on the Site. The Customer will be required to communicate the necessary data in order to complete the payment through protected connection. Due to accounting and administrative needs, the Seller reserves the right to verify the generalities indicated by the Customer. If the payment is executed through credit card, the purchase amount will be charged exclusively at the moment of the transmission of the order to the Seller by the Customer.

2bis.2.3. At the end of the procedure specified in the previous par. 2bis.2.2., the Customer who ordered one or more Gift Card will receive a confirmation email of his order, containing the order’s number, the order’s summary and the current conditions of sale.

2bis.2.4. At the end of the verifications related to the  good end of the payment, executed according to the method chosen by the Consumer:

  • the Consumer will receive an e-mail containing the number of order, the Gift Card code and its value, the expiration date, the related information of details and the instructions related to the ways of using the Gift Card.
  • the recipient of the Gift Card, if not coinciding with the Consumer buyer of the Gift Card, at the verification of the good conclusion of the payment, will receive an e-mail containing the name of the Consumer who purchased the Gift Card, the eventual accompanying message of the Consumer, the Gift Card code and its value, the expiration date, the related information of details and the instructions related to the ways of using the Gift Card, the privacy policy.

It is expressly understood that, in case of Gift Card purchased in order to donate it to a third party, the term of 12 (twelve) months of validity of the same will start from the receipt by the third party of the e-mail provided for in the previous point (ii).

2bis.3. Ways of using the Gift Card.

2bis.3.1. Immediately after the receipt of the e-mail containing the data of the Gift Card, the Gift Card can be used to purchase any Products available on the Site, even to cover the delivery expenses. The Gift Card cannot be used to purchase further Gift Card. The activation and use of the Gift Card doesn’t require any additional costs. The Gift Card can be used exclusively for the payment of orders which involve the delivery in one of the Countries of the European Union.

2bis.3.2. For the same order of Products on the Site can be used more Gift Cards.

2bis.3.3. In order to purchase Products through a Gift Card, it’s required to insert, in the relevant area available in the page of the virtual cart, the Gift Card’s code.

2bis.3.4. The Gift Card can be used for more purchases up to the exhaustion of the accredited amount, within the term of validity of the same.

2bis.3.5. In the case in which the total amount of the order is higher than the credit available on the Gift Card, the residual amount shall be paid by the Consumer through one of the methods of payment available on the Site, to complete the order.

2bis.3.6. After the expiration of the related term of validity (12 months), the Gift Card can’t be further used and the eventual residual credit in the Gift Card can’t be reimbursed.

2bis.3.7. If one or more Products current in the purchase order paid (totally or partially) through Gift Card are not available, the Seller will provide to the cancellation of the order, with the consequent integral reimbursement of the related paid amount. The credit of the Gift Card used for this order will be credited on the Gift Card, while the eventual remaining amount paid with an other method of payment will be reimbursed through the same method of payment selected by the Consumer at the moment of the order confirmation.

2bis.3.8. The Consumer is expressly warned and represents to be aware that the knowledge of the Gift Card’s code allows its use by anyone through the Site: so, this code shall be carefully conserved and preserved by the Consumer or by the eventual third beneficiary of the Gift Card. In relation to the use of the Gift Card, it remains understood that between the Consumer buyer of the Gift Card or the third party to whom the Gift Card has been gifted and the Seller will be considered what results from the records, even informatic, of the sale system of the Seller.

2bis.4. Right of withdrawal from the purchase of a Gift Card.

2bis.4.1. To the Consumer buyer of a Gift Card is recognized the right to withdraw from the contract of purchase of a Gift Card, without any penalty, within the term of 14 (fourteen) days from the purchase of the related Gift Card, which means from the date of receipt of the Gift Card’s activation e-mail. The right of withdrawal of which to the current paragraph remains expressly excluded and it won’t be possible the related exercise with regard to a Gift Card partially or integrally used for the purchase of Products on the Site.

2bis.4.2. In order to exercise the right of withdrawal, if it’s not expired the term of which to the previous par. 2bis.4.1. and the Gift Card has not been used, in whole or in part, for the purchase of the Products on the Site, the Consumer has to inform the Seller of his decision to withdraw, following the procedure provided for in the following Article 10 of the current general conditions.

2bis.4.3. After what provided for in the previous paragraph 2bis.4.2., the Consumer will receive an e-mail of confirmation of the withdrawal and of the deactivation of the Gift Card, containing:

  • the number of order in relation to which the withdrawal is exercised;
  • the code of the Gift Card subject of withdrawal and deactivation;
  • the expiration date and the value of the Gift Card.

In case of withdrawal exercised in relation to a Gift Card purchased to give it to a third party, the latter will receive an e-mail with which he is informed of the deactivation of the Gift Card as a consequence of the withdrawal exercised by the Consumer.

2bis.4.4. In case of withdrawal according to the current par. 2bis.4., it will be reimbursed to the Consumer the payment executed for the purchase of the Gift Card, without undue delay and, in any case, within 14 (fourteen) days from the communication of the desire to exercise the right of withdrawal. The aforementioned reimbursement will be executed using the same method of payment used by the Consumer at the moment of the purchase of the Gift Card.

2bis.5. Right of withdrawal from the purchase of Products through a Gift Card.

2bis.5.1. In case of purchase of one or more Products through the use of a Gift Card, the Consumer will have the faculty to exercise the right of withdrawal, according to the following art. 10 of the current conditions of sale. In case of exercise of the right of withdrawal by the Consumer related to the purchase of Products paid, integrally or partially, with credit generated by a Gift Card, whenever there are the conditions of which to the following art. 10 of the current conditions of sale, the amount paid in relation to the purchase order for which the right of withdrawal is exercised will be recredit, for the part paid through the Gift Card, on the same Gift Card – and this will be spendable by the Consumer at the terms and conditions provided above – and the eventual further amount paid with one of the further methods of payment available on the Site will be reimbursed to the Consumer, at the terms and conditions of which to the previous par. 10.5 of the current conditions of sale, through the same method of payment.

  1. Product purchase procedure - Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Conditions, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these Conditions carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at  info@valentinaferragnistudio.com.

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail

 

  1. Product selection and purchasing procedure

4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection  is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents:  at this point, the Consumer, is required to carefully read and expressly approve the Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract.  The Consumer will also be asked to select a delivery  option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following e-mail address info@valentinaferragnistudio.com.

 

  1. Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller. 

5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below.  If the consumer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of these Conditions; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly  damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”. 

  1. Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site 

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail 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 stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the Conditions are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.

 

  1. Payments

7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.

7.2. Payments for orders placed on the Site can be paid for by credit card, PayPal and Klarna at the conditions provided below or, if available, through Gift Card. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.

7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Shopify Payments, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller. The Consumer can use for the payment of the price of the Products a Gift Card, inserting in the appropriate section available on the virtual cart page, the code of his own Gift Card.

7.4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased Product in paper format, in all other cases.

  1. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.

8.1. The Seller, in accordance with European Directive 771/2019/ EC and Italian Legislative Decree No. 206/2005 (hereinafter, the “Consumer Protection Code”), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the Product, on the information leaflets, tags or labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type. 

8.2. The Consumer can report any defects and non-conformities by sending an email to the Customer Care Service addressed to info@valentinaferragnistudio.com,  clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.

8.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the form with the "Returned Product Code". Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: TRIBOO DIGITALE S.r.l., c/o TWS LOGISTICA - Via Philips, 12 - 20900 Monza (MB) - ITALY

8.4. In case of defects or non-conformity, the Consumer will have the right to restore the conformity of the Product by the Seller, by repair or replacement of the same Product, or alternative remedies in cases expressly provided for by the Consumer Protection Code.

8.5. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the Product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the email address info@valentinaferragnistudio.com the bank details to receive the payment in his favour and allow the Seller to transfer the refund. For what concerns the reimbursement of the price eventually paid, integrally or partially, by the Consumer through a Gift Card, please refer to what provided for in the previous par. 2bis.5.

  1. Defective Products Liability

9.1. As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply. In its capacity of distributor of the Products through the Site, the Seller frees itself from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.

 

  1. Right of Withdrawal

10.1. Subject to the exceptions provided for in Article 59 of the Consumer Protection Code and without prejudice to what provided in the previous par. 2bis.4 and 2bis.5, the Consumer shall have the right to withdraw from any contract concluded pursuant to these Conditions for any reason, without having to provide any explanation and without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.

10.2. To exercise a right of withdrawal, the Consumer shall notify the Seller, before the deadline indicated in paragraph 10.1 above, of his intentions by accessing the "My Returns" page in the My Account area or, if the same is not a registered users, by accessing the designated page and entering the order number and email address used to place the order. As an alternative, the Consumer can send an explicit declaration to Triboo Digitale, using the contact form or email address info@valentinaferragnistudio.com, of his  intention to exercise the right of withdrawal using the withdrawal form. 

10.3. On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email, containing the RMA form to be included in the package, along with the instructions on how to return the Product, to be sent within and no later than 14 days to:


TRIBOO DIGITALE c/o TWS LOGISTICA
Via Philips, 12
20900 Monza (MB) - ITALY

 

10.4. If the Consumer has received the Product, he is required to return it to the address indicated in the previous paragraph (10.3) without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer. If the Consumer exercises its right of withdrawal via the website using the return service provided by the website, before confirming the withdrawal request, the cost to return the goods will be indicated.

10.5. If the Consumer withdraw from this contract, we shall refund all payments received from the Consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising the right of withdrawal. The Seller will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. The Seller may withhold the refund until the Seller have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest. For what concerns the reimbursement of the price eventually paid, integrally or partially, by the Consumer through a Gift Card, please refer to what provided for in the previous par. 2bis.5.

10.6. The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (e.g. the authenticity label and security seal, signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.


  1. Intellectual Property Rights

11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of the Owner and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.

11.2. Unless prior specific consent is granted in writing by the Owner, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 

  1. Protection of Consumer Personal Data

12.1. In order to proceed with the registration process, place an order and sign this contract according these Conditions, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by the Owner in accordance with and subject to the provisions of the European Regulation 2016/679 of the 2016, April 27th, to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data  submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy  and read the General Conditions of Use carefully.

12.5. The Consumer also acknowledges that, in case of purchase of a Gift Card to send to a third party, the same Consumer shall provide to the Seller the data of the third party, to whom will be sent proper policy according to the art. 14 of the European Regulation 2016/679.

 

  1. Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Shopify Payments which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

  1. Applicable law, settlements and jurisdiction

14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with the Consumer Protection Code, with specific reference made to the regulations concerning distance contracts, and by Italian Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.

14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet.  For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.

14.3 As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: info@valentinaferragnistudio.com.

14.4. If no settlement attempt is made, as under paragraph 14.2 and/or 14.3 above, or the attempt is not successful, exclusive jurisdiction for all disputes shall granted to the competent court in the Consumer's residence or domicile address.