The following describes the terms and conditions under which Eleonora Figus offers users access to its services available on the website www.figusdesigner.com.

• Definitions

To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meanings indicated below:

• Owner: Eleonora Figus, Corso Magenta 31, 20123, Milan, CF 07803530968 , VAT number 07803530968, email address info.figusdesigner@gmail.com ;
• Application: the website www.figusdesigner.com, managed by the Owner, which offers a website for the purchase of bags, leather accessories, and jewelry;
• Products: the products and/or services offered through the Application;
• User: the individual who accesses the Application, regardless of legal nature and purpose pursued, interested in the Products offered through the Application;
• Consumer: natural person acting for purposes other than any business, commercial, craft or professional activity he or she may carry out;
• Conditions: this contract governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Application.

• Stipulation, conclusion and effectiveness of the Conditions

The purchase contract for the Products is concluded by accurately completing and submitting the order form. This form contains the customer and order details, the price of the purchased Product, any additional charges, payment methods and terms, the delivery address, delivery times, and the right of withdrawal, as well as consent to the processing of personal data.

When the Owner receives the order from the User, he will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the data referred to in the previous point.

The Conditions shall not be considered effective between the parties in the absence of what is indicated in the previous point.

The Owner may modify or simply update these Terms and Conditions, in whole or in part. The User acknowledges and agrees that any changes to these Terms and Conditions will apply to orders placed by Users after the date of notification of the changes to the Terms and Conditions. Users are therefore encouraged to review the Terms and Conditions each time they access the Application and are advised to print a copy for future reference.

• Registration

To use certain features of the Application, Users must register by providing all the requested information truthfully and completely in the registration form and fully accept the privacy policy ( www.figusdesigner.com/privacy-policy/ ) and these Terms. The User is responsible for safeguarding their login credentials.

It is understood that under no circumstances will the Owner be held responsible in the event of loss, disclosure, theft, or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

• Account cancellation and closure

Registered Users may stop using the Products at any time and deactivate their accounts or request their deletion through the Application interface, if possible, or by sending a written communication to the email address info@figusdesigner.com .

The Owner, in the event of violation by the User of these Conditions or of applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.

• In-App Purchases

The purchase of one or more Products through the Application is permitted both to Users who are Consumers and to Users who do not have this status.

Pursuant to art. 3, paragraph 1, letter a) of Legislative Decree 206/2005 (“ Consumer Code ”), we remind you that the status of Consumers is defined as natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity they may carry out.

For natural persons, the purchase is permitted only if they are at least eighteen years of age.

The Owner undertakes to describe and present the Products sold on the Application in the best possible way. However, some errors, inaccuracies, or small differences between the Application and the actual Product may arise. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are merely representative.

The User expressly grants the Owner the right to accept the order, even partially (for example, if not all the ordered Products are available). In this case, the contract will be deemed finalized for the Products actually sold.

The Owner reserves the right to refuse an order:

• when the Product is not available;
• when authorization to charge the User for the Product is denied;
• When a clearly incorrect price is indicated at the time of purchase and is recognizable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction.

• Prices and payments

The Owner reserves the right to change the price of the Products and any related shipping costs at any time. It is understood that any changes will in no way affect contracts already concluded prior to the change.

Product prices include VAT, if applicable; any other taxes and/or shipping costs payable by the User will be indicated before purchase confirmation.

The User undertakes to pay the price of the purchased Product within the times and methods indicated in the Application.

Any refund to the User will be credited promptly using one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, within 30 days from the date on which the Owner became aware of the withdrawal itself.

The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card numbers, cardholder names, passwords, etc.).

If such third-party tools refuse to authorize payment, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.

• Billing

Users wishing to receive an invoice will be asked to provide their billing information. The invoice will be issued based on the information provided by the User, which the User declares and guarantees to be true, releasing the Owner from all liability in this regard.

• Delivery methods for material products

Material Product means any movable good or digital good supplied on a material medium offered through the Application.

The ordered physical Products will be delivered to the User at the address indicated by the User, using the method chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the timeframe indicated in the order confirmation.

Upon receipt, the User is required to verify the conformity of the delivered Product with the order placed; only after this verification will the delivery documents be signed, without prejudice to the right of withdrawal.

If an order exceeds the quantity available in the warehouse, the Owner will notify the User via email whether the Product is no longer available for order or how long it will take to obtain it, asking whether the User wishes to confirm the order or not.

The Owner assumes no responsibility for delays or failure to deliver the Product due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, execution within the agreed timeframe.

The Owner will not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform the contract for the reasons mentioned above. The User is only entitled to a refund of any price paid.

• Right of withdrawal for material products

Any User who is a consumer and who, for any reason, is not satisfied with the purchase of material Products has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 days from the date of delivery of the Product.

It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:

• supply of Products packaged to measure or clearly personalized;

To withdraw from the contract, the User must contact the Owner at info@figusdesigner.com . The User will be informed of the procedures for returning the Product. Sending the notification may be validly replaced by returning the purchased Product, provided that the same terms are met. The date of delivery to the post office or shipping agent will be the determining factor between the parties.

In the event of withdrawal, the Owner will refund the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User communicated to the Owner the intention to withdraw from the contract.

The Owner will refund the User using the same payment method used by the User for the online purchase.

The User must return the Products at his own expense, unless the Supplier agrees to bear them, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.

The User is responsible for the integrity of the Product while it is in his or her possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the original, undamaged packaging, instruction manuals, accessories, any separate items, and any other components. The Product must not have been subjected to any manipulation other than that necessary to establish the nature, characteristics, and functioning of the Product.

The Owner will not consider return requests if the returned Product is found to be malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alterations, tampering or improper maintenance, or wear and tear.

• Optional form to exercise the right of withdrawal

Optionally, the User may withdraw using the following form, which must be completed in its entirety and sent to the email address info@figusdesigner.com , before the withdrawal period expires:

With this form I communicate my withdrawal from the sales contract relating to the following goods/services: __________

Order number: _______

Ordered on: _______

Name and Surname: _______

Address: ______

Email associated with the account from which the order was placed: ____________________

Date: __________

• Guarantee of conformity

All Products classified as "consumer goods," as regulated by Article 128, paragraph 2, of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for by Articles 128-135 of the Consumer Code.

The legal guarantee of conformity is reserved for Consumers. Therefore, it applies only to Users who have made the purchase through the Application for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out.

Those who have purchased on the Application and who do not have the status of Consumers will be covered by the guarantees for defects in the item sold, the guarantee for lack of promised and essential qualities and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations (articles 1490 et seq. of the civil code).

Any lack of conformity that occurs within 24 months of the date of purchase of the Product must be reported within 2 months of the date of discovery of the defect.

Unless proven otherwise, any defects of conformity that appear within six months of delivery of the Product are presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the defect of conformity. After six months, the User will be required to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to Article 130 of the Consumer Code, in the event of a Product's lack of conformity, the User has the right to have the Product restored to conformity, free of charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively costly. Furthermore, the User has the right to an appropriate price reduction or to terminate the contract only if one of the following situations occurs: i) repair or replacement are impossible or excessively costly; ii) the Owner has failed to repair or replace the Product within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the consumer.

If the User wishes to avail of the remedies provided by the legal guarantee accompanying the Products, he or she must contact the Owner at info@figusdesigner.com . The Owner will promptly respond to the notification of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

• Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the materials and contents available on the Application.

These Terms do not grant the User any license to use the Application and/or individual Contents and/or materials available therein, unless otherwise provided.

All trademarks, whether figurative or nominal, and all other signs, trade names, service marks, word marks, illustrations, images, and logos appearing in the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

Any unauthorized reproduction in any form of the explanatory texts and contents of the Application will be considered a violation of the Owner's intellectual and industrial property rights.

• Disclaimer of Warranty

The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the Users’ requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.

The Owner will make every effort to ensure that the Application is available 24/7, but cannot be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or due to force majeure.

• Limitation of Liability

The Owner shall not be held liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet beyond its own control or that of its subcontractors.

Furthermore, the Owner will not be liable for damages, losses, and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional costs incurred.

The Owner assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, checks, or other means of payment when paying for purchased services, provided that it demonstrates having taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.

The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred for legal defense, which may arise from damage caused to other Users or third parties, in relation to the Content uploaded or to the violation of the terms of the law or the terms of these Conditions.

Therefore, the Owner will not be responsible for:

• any losses that are not a direct consequence of the breach of the contract by the Owner;
• any loss of business opportunity and any other loss, even indirect, that may be suffered by the User (such as, by way of example and not limited to, trading losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• incorrect or unsuitable use of the Application by Users or third parties;
• the issuance of incorrect tax documents due to errors in the data provided by the User, the latter being solely responsible for their correct entry.

Under no circumstances will the Owner be held liable for an amount greater than double the cost paid by the User.

• Force majeure

The Owner shall not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond the Owner's reasonable control resulting from force majeure or, in any case, unforeseen and unforeseeable events, and in any case events beyond its control, such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, the Internet and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of third-party products, services, or applications.

The Owner's fulfillment of its obligations will be deemed suspended for the period in which force majeure events occur.

The Owner will take any action within its power to identify solutions that allow for the correct fulfillment of its obligations despite the persistence of force majeure events.

• Link to third party sites

The Application may contain links to third-party websites. The Owner has no control over these websites and, therefore, is in no way responsible for the content of these websites.

Some of these links may lead to third-party websites that provide services through the Application. In these cases, the general terms and conditions for use of the website and the service provided by the third parties will apply to the individual services, for which the Owner assumes no responsibility.

• Renunciation

No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

• Invalidity of individual clauses

If any provision of these Terms is found to be illegal or invalid, that provision will be deemed not to be part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.

• Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at www.figusdesigner.com/privacy-policy/

• Applicable law and competent court

These Terms and any disputes regarding their execution, interpretation, and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.

If the User is a consumer pursuant to Article 3 of the Consumer Code, the sole jurisdiction lies with the court of the consumer's place of residence or domicile, if located in Italy. The User-consumer may appeal to a court other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set forth in Articles 18, 19, and 20 of the Civil Procedure Code.

• Online dispute resolution for consumers

Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, Consumers may use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/