TERMS AND CONDITIONS
General Conditions of Sales
By submitting the order form, the Customer unconditionally accepts and agrees to comply with these General Conditions of Sales. If you do not agree to some of the terms in the General Conditions of Sales, please do not submit your order form for the purchase of products on the website.
Art.1 - Object of the contract
Art.2 - Customer's Obligations
Once the online purchasing procedure has ended, the Customer agrees to print and / or keep a copy of the present General Conditions of Sales as seen and accepted, as well as the specifications of the purchased product, which is a necessary step in the transaction in order to fully satisfy the conditions laid down in Articles 52 and 53 of Leg. 206/05 (so-called Consumer Codex). The Customer is strictly forbidden from entering false and / or invented personal data in the registration process required to fulfill the procedure required for the execution of this sale agreement and the subsequent communications; personal details and email address must be real and belonging to the person performing the order and not some other person. The Customer must be of age. Orders submitted by minors will not be fulfilled.
Art. 3 - Prices
The prices mentionated on the website are in Euro and include Italian VAT, but do not include delivery and / or shipment charges, which will be calculated and applied at the time of confirmation of the order, according to the delivery terms indicated and published in the dedicated section for which the Customer must read before placing the order in this website. The prices of products and the shipment can be updated and therefore subject to change even daily. As regards the sales to customers residing or having their headquarters outside of the 'European Union, any customs duties and other taxes or local taxes are entirely borne by the Customer and will not be re
Art.4 - Payment and invoicing
Payment for purchases will be made by one of the following means : credit card, Paypal or bank transfer. The Seller accepts the following credit cards : Visa, Mastercard, Cartasì, American Express Maestro and Visa Electron. With regard to the method of payment by credit card, by filling in the appropriate space on the site, the Customer authorizes the company Femdue s.r.l.s. to use that credit card to charge the exact amount of expenses incurred. The payment will be inclusive of shipping costs, if any, in accordance with the modalities published within the site. With regard to the method of payment by bank transfer, once completed the order, an email will be sent to the Customer containing the bank account details of the company Femdue s.r.l.s. to make payment. The transfer must be made within twenty-four from receiving the email, otherwise the order placed will be cancelled. Bank charges and bank transfer are at the Customer’s expense. The order will be shipped only after Femdue s.r.l.s. has been credited the full sum. The company Femdue s.r.l.s. will send the invoice to the address indicated in the order by the Customer. For the issuance of the tax document the Seller will make use of the information provided by the Customer. To issue the tax document, the Seller will make use of the information provided by the Customer when ordering. No change will be possible after the tax document is issued. The Customer is responsible for checking the data provided at the time of the order, because they it be used for accounting records.
Art. 5 - Times and means of delivery
Art. 6 - Disputing shipment
Art. 7 - Guarantee imposed by law
The main characteristics of the products are listed on the website on the web page of each product. Items for sale on the website may not correspond exactly to the actual product in terms of image and colors due to the browser or type of monitor used; moreover these are handmade products (sometimes vintage which are used), therefore any imperfections or signs of wearing in itself does not give the right to the guarantee. The products sold are covered by the guarantee of 24 months for non-conformity imposed by law (articles 128 and following of Legislative Decree no. 206/2005 so-called Consumer Code) only for the final consumers, natural persons acting for purposes unrelated to business or professional, residents in the European Union. In case of non-conformity, Femdue s.r.l.s. may provide for the restoration of conformity by repair / replacement, reduction in price, or termination of the contract, depending on the circumstances. In the event that, for whatever reason, it is unable to change the product (repaired or replaced), Femdue s.r.l.s. will proceed at its own discretion to refund the amount paid or to replace it with a product of equal or superior characteristics. In the event of application of the guarantee providing for the return of the product, the product must be returned by the Customer in its original packaging, complete in all its parts. The Customer shall inform the Seller in writing of said non-conformity within a two month period as from the date on which the Customer has established the defect. In default of such a non-conformity statement within the aforementioned period, the Customer shall lose his right to make any claims due to non-conformity. The guarantee is void if the product has been tampered with by unauthorized personnel, if the defects were caused by carelessness or bad use by the Customer, fraud, transportation, shocks, falls, humidity or other reasons not attributable to production or manufacturing defects. For all other consumers, that is taxpayers of VAT or natural persons resident outside the EU, the guarantee for not-conformity is only 12 months. For products listed on the website as a vintage, that is as to say used, not new, the guarantee for not-conformity is only 12 months, provided that any imperfections or signs of wearing in itself does not give the right to the guarantee, especially if mentioned in the product description or visible in the photos.
Art.8 - Right to withdraw
Art.9 - Responsibility
In the case of not-delivery of products by the company Femdue s.r.l.s., the Customer is entitled only to the refund of the paid amount. Femdue s.r.l.s. Is not liable for disruptions caused by unforeseeable circumstances beyond its control, of any nature or kind, in case of failing to abide the contract in the agreed time. The following may be non exclusive examples of unforeseeable circumstances beyond its control : accidents, explosions, fires, strikes, lockouts, earthquakes, floods and other similar events, as well as provisions by the Public Authority, the strike of employees or carriers used by Femdue s.r.l.s. With the exceptions established by article 8 of the Directive U.E. 97/7 and art. 56 of Legislative Decree no. 206/2005, Femdue s.r.l.s. is not liable for any fraudulent use of the credit card data provided by the Customer by a third part. The Seller can never be held accountable for: the quality, completeness, correctness, suitability, availability or form of the contents or information on the Website or other (external) websites where it is referenced (with or without consent) through hyperlinks on the Website; Possible technical failures, disruptions, technical errors, wrongful technical manoeuvres, unauthorized interventions, viruses etc. on the Website; indirect damage or consequential damage (including but not limited to waste of time, missed opportunities, loss of profit, loss of income, loss of data, emotional damage etc.); unforeseeable circumstances beyond its control.
Art.10 - Privacy
Under Article 13 of Legislative Decree no. 196/03 (Code regarding the protection of personal data), Femdue s.r.l.s., a company registered under the laws of Italy having its registered address at Via Campagnola 8, 06034 Foligno (PG) Italy, informs that the data provided to it, defined as personal by the law, will be treated as described below: Purposes of personal data processing and methods used for the data The data are processed in relation to contractual requirements and the consequent fulfillment of legal and contractual obligations deriving from them and to achieve effective management of business relations (establishment of trade relations, promotion, marketing, sales statistics, fulfillment of administrative and accounting requirements, such as contract management and commercial transactions, commercial billing, debt collection, the historical archives). The data will be collected and processed on paper, by computer or electronic means, so as to ensure its security and confidentiality. The data will be processed for the entire duration of the contract and thereafter for the completion of all legal obligations and for future commercial purposes. Compulsory or optional nature of the contribution and consequences of refusal The provision of data is compulsory where it is required by legal and contractual obligations, while it is optional but necessary to define improvement programs regarding the products, services and performance, and to define plans for growth and professional development, therefore, in both cases, the refusal to provide the data and / or consent to its processing will determine the impossibility to continue the contractual relationship. Persons who may become aware of the data In addition to communication and distribution in compliance with legal obligations, the data may be disclosed to: third parties that may perform services and benefits for Femdue s.r.l.s. (eg companies operating in the transport sector, professionals, consultants, etc.); banks and lenders, non-bank financial intermediaries and insurance companies; associations of entrepreneurs and enterprises. Rights under Art. 7 of Legislative Decree no. 196/2003 In relation to these data the person concerned can exercise the rights under Art. 7 of Legislative Decree no. 196/2003, within the limits and conditions laid down in Articles 8, 9 and 10 of the same decree. Pursuant to the mentioned Art. 7, the person concerned has the right to obtain confirmation as to whether or not personal data concerning him, even if not yet recorded, and their communication in intelligible form. The person concerned has the right to obtain information on the source of the personal data, the purposes and methods of treatment; the logic applied in case of processing with the aid of electronic instruments; the identity of the owner, manager and the designated representative; the persons or categories of persons to whom personal data may be communicated or who can learn about them as appointed representative in the state territory, managers or agents. The person concerned has the right to obtain: updating, rectification or, when interested, integration of data; the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; certification that the above transactions have been made known , also as regards their content, to those to whom the data were communicated or disclosed, except where such compliance is impossible or involves the use of manifestly disproportionate to the protected right. The Customer has the right to object, in part or in its entirety, the processing of personal data concerning the Customer for legitimate reasons, even if pertinent to the purpose of collection, processing of personal data for purposes of sending advertising material or direct sale or for carrying out market research or commercial communication. Owner and manager of the official holder of the data is Femdue s.r.l.s., headquartered in via Campagnola 8, 06034 Foligno (PG) Italy. Responsible for processing personal data is Femdue s.r.l.s. Consent of Customer Taking note, the Customers will express consent or not to the use and disclosure of their data qualified as personal by the aforecited law, for the purposes and for the duration specified there in, aware that the refusal, if only for one of the stated purposes, will compet Femdue s.r.l.s not to pay benefits, services or supplies.
Art.11 - Termination of the contract and express termination clause
The obligations undertaken by the Customer in conformity with article 2 (Customer's Obligations) and the guarantee of successful completion of payment that the Customer has to make, are essential, so that by express agreement, the non-compliance by the Customer of either or both of these bonds will determine the legal termination of the contract pursuant to art. 1456 Civil Code, without any judicial decision, except for the right of company Femdue s.r.l.s. to sue for damages.
Art.12 - Changes
The seller shall always be able to unilaterally change the provisions of these General Conditions of Sales. Alterations shall be announced on the Website and/or by digital means. Each purchase shall be subjected to the version of the General Conditions of Sales applying at the time of acceptance of the order by the Seller. Continued use of the Website shall be regarded as acceptance of the new General Conditions of Sales. These General Conditions of Sales were last altered on November 10th, 2016.
Art.13 - Applicable law and competent courts
Any dispute concerning the interpretation or application of these General Conditions of Sales or as a result of whatever use of the website shall be governed by Italian law only. The courts of Spoleto shall be the competent courts.
Art.14 - Jurisdiction
Any dispute regarding the application, execution, interpretation of this online contract entered through etno-chic.com site is subject to Italian jurisdiction.