Terms and conditions
The terms and conditions under which Eleonora Figus offers users access to its services available on the website www.figusdesigner.com are described below.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: Eleonora Figus, Corso Magenta 31, 20123, Milan, C.F. 07803530968, VAT number 07803530968, e-mail address [email protected];
- Application: the website www.figusdesigner.com, managed by the Owner, which offers a website for the purchase of bags, leather accessories, jewelry; Products: the products and / or services offered through the Application;
- User: the person who accesses the Application, without distinction of legal nature and pursued purpose, interested in the Products offered through the Application;
- Consumer: natural person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or delivery of the Products offered through the Application.
- Stipulation, conclusion and effectiveness of the Conditions
The purchase contract for the Products is concluded by completing and sending the order form correctly. This form shows the details of the orderer and the order, the price of the purchased Product, any additional accessory charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which will also show the data recalled in the previous point.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
The Owner may modify or simply update these Conditions, in whole or in part.
The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultation.
It is understood that in no case can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
- Account cancellation and closure Registered
Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address [email protected].
The Owner, in the event of a violation by the User of these Conditions or applicable legal provisions, reserves the right to suspend or close the User’s account at any time and without notice.
- Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality.
Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 (“Consumer Code”), it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be Consumers.
Individuals are allowed to purchase only on condition that they are eighteen years old.
The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emerge. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The User expressly attributes to the Owner the right to accept even only partially the order placed (for example in the event that there is not the availability of all the Products ordered). In this case the contract will be considered finalized in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
- when the Product is not available;
- when the authorization to charge the cost of the Product to the User is denied;
- when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
- Prices and payments
The Owner reserves the right to change, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products include VAT, if due; any other tax and / or shipping costs charged to the User will be indicated before confirming the purchase.
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 promptly credited through one of the methods proposed by the Owner and chosen by the User and, in case of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of holders, passwords, etc.).
Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be responsible for any delay or failure to deliver.
he User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing the Owner any full indemnity in this regard.
- Method of delivery of material Products
By material Product we mean any movable or digital good provided on a material support offered through the Application.
The ordered material Products will be delivered to the User, at the address indicated by him, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the Product delivered 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 existing in the warehouse, the Owner, by e-mail, will inform the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not.
The Owner assumes no responsibility for the delay 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 prevented, in whole or in part, to execute within the agreed time.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the User is only entitled to a refund of any price paid.
- Right of withdrawal of material products
The User who plays the role of consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within the term of 14 days from Product delivery date.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:
- supply of tailor-made or clearly personalized products;
In order to withdraw from the contract, the User must contact the Owner at the e-mail address [email protected] The User will be informed of the procedures concerning the return of the Product. The sending of the communication may validly be replaced by the return of the purchased Product, provided it is within the same terms. The delivery date to the post office or forwarder will be valid between the parties.
In the event of withdrawal, the Owner will reimburse 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 that he wishes to withdraw from the contract.
The Owner will refund the User in the same payment methods used by the User for online purchases.
The User must return the Products at his own expense, unless the Supplier agrees to take them on, 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 as long as the same asset is in his 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 conditions, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
The Owner will not consider requests for return in the event that the returned Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.
- Optional form to exercise the right of withdrawal
Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent to the e-mail address [email protected], before the expiry of the withdrawal period:
With this form I communicate the withdrawal from the sales contract relating to the following goods / services: __________
Order number: _______
Ordered on: _______
Name and surname: _______
E-mail associated with the account from which it is? the order was placed: ____________________
- Compliance guarantee
All Products that fall within the category of “consumer goods”, as governed by art. 128, paragraph 2 of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for in 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, craft or professional activity carried out.
Those who have purchased on the Application and who do not have the quality of Consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. of the Italian Civil Code).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack 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 art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore the conformity of the Product, without charge. To this end, the User can normally choose between the repair of the Product or its replacement. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. In addition, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair have caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided for by the legal guarantee that accompanies the Products, he must contact the Owner at the e-mail address [email protected]. The Owner will promptly reply to the communication 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 relating to the Application and / or the materials and content available on the Application.
These Conditions do not grant the User any license to use the Application and / or individual Contents and / or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensors and are protected current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
- Disclaimer of Warranty
The Application is provided “as is” and “as is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible 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 completely unrelated to the will of the Owner or for events of force majeure.
- Limitation of Liability
The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any ancillary charges. incurred.
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if he proves that he has adopted all the possible precautions based on the best science and experience of the moment 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, administrators, agents, licensees, partners and employees), from any obligation or responsibility, including any legal costs incurred to defend oneself in court, which should arise in the face of damages caused to other Users or third parties, in relation to the Content uploaded or 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 violation of the contract by the Owner;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, 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 the correct entry.
In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.
- Major force
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of will such as , by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of third party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
- Link to third party sites
The Application may contain links to third party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
No waiver by either party of an article 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, it will not be considered as 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.
- Applicable law and competent court
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User -consumer to appeal to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in art. 18, 19 and 20 of the civil procedure code.
- Online dispute resolution for consumers
Consumers residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/