General conditions of sale of the site www.effemmeexclusivelab.com.
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1. Definitions
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
- Effemme Brand by Fabio Stefano Manco: is the owner company with registered office in Via San Carlo, 174 Caserta (CE) VAT number 04257150617,
- effemmeexclusivelab.com: is the website managed by Fabio Stefano Manco. It is an e-commerce platform for the purchase of internally produced clothing and accessories;
- Products: the products and/or services offered through effemmeexclusivelab.com;
- User: the subject who accesses effemmeexclusivelab.com, without distinction of legal nature and purpose pursued, interested in the Products offered through effemmeexclusivelab.com;
- Consumer: natural person who acts for purposes unrelated to any commercial, craft or professional business activity carried out;
- Conditions: this contract which regulates the relationship between Effemme Exclusive Lab and the Users and the sale or supply of the Products offered through effemmeexclusivelab.com.
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2. STIPULATION, CONCLUSION AND EFFECTIVENESS OF THE TERMS
The contract for the purchase of the Products ends with the completion and correct submission of the order form. This form shows the customer's and order's details, the price of the Product purchased, any additional ancillary charges, payment methods and terms, the address where the Product will be delivered, delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When Effemme Exclusive Lab receives the order from the User, it sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data in the previous point are recalled.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
Effemme Exclusive Lab may modify or simply update, in whole or in part, these Conditions. 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 read the Conditions at each access to effemmeexclusivelab.com and it is advisable to print a copy for future reference.
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3. REGISTRATION
In order to use some features of effemmeexclusivelab.com, Users must register by truthfully and completely providing all the data requested in the registration form and fully accept the privacy policy and these Conditions. The User has the duty to keep his access credentials.
It is understood that in no case can the company be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason, of the Users' access credentials.
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4. CANCELLATION AND TERMINATION OF ACCOUNT
Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation via the effemmeexclusivelab.com interface, if possible, or by sending a written communication to Customer Service .
Effemme Exclusive Lab, in case of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without notice.
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5. PURCHASES ON EFFEMMEEXCLUSIVELAB.COM
The purchase of one or more Products through effemmeexclusivelab.com is permitted both to Users who have the quality of Consumers, and to Users who do not possess this quality.
Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 ("Consumer Code") please note that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any business, commercial, professional or craft activity carried out.
Natural persons can only buy on condition that they have reached the age of eighteen (18).
Effemme Exclusive Lab undertakes to describe and present the Products sold on effemmeexclusivelab.com in the best possible way. However, some errors, inaccuracies or small differences between effemmeexclusivelab.com and the real Product may emerge. Furthermore, any photographs of the Products on effemmeexclusivelab.com do not constitute a contractual element, as they are only representative.
The User expressly gives the company the right to accept even only partially the order placed (for example in the event that all the Products ordered are not available). In this case the contract will be considered concluded in relation to the Products actually sold.
The company reserves the right to refuse and cancel an order:
- When the Product is not available;
- When the authorization to charge the cost of the Product to the User is denied;
- When a clearly incorrect and recognizable price is indicated at the time of purchase. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
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6. PRICES AND PAYMENTS
Effemme Exclusive Lab reserves the right to modify, 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 are inclusive of VAT, if due; any other taxes and / or shipping costs charged to the User will be indicated before the confirmation of the purchase.
The User undertakes to pay the price of the Product purchased within the times and methods indicated on effemmeexclusivelab.com.
Any refund to the User will be promptly credited after careful verification and inspection of the returned product, using one of the methods proposed by the company and chosen by the User and, in the event of exercising the right of withdrawal, at the latest within 14 days from the date on which Effemme Exclusive Lab became aware of the withdrawal itself and unless there are delays in returning the product.
effemmeexclusivelab.com uses third-party tools (Shopify Payments) to process payments and does not in any way come into contact with the payment data provided (credit card number, name of the holders, password, etc.).
If these third-party tools deny payment authorization, the company will not be able to supply the Products and will not be responsible for any delays or non-delivery.
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7. BILLING
The User who wishes to receive the invoice will be asked for the billing information at the time of purchase and will subsequently have to request it personally by writing an email to our Customer Service . For the issuance of the invoice, the information provided by the User will prevail, who declares and guarantees to be truthful, releasing Effemme Exclusive Lab any broader compensation in this regard.
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8. METHOD OF DELIVERY OF MATERIAL PRODUCTS
Material product means any movable or digital good provided on a tangible medium offered through effemmeexclusivelab.com.
The material Products ordered will be delivered to the User, at the address indicated by him, according to the methods chosen by the User or indicated on effemmeexclusivelab.com 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 package and 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, Effemme Exclusive Lab will inform the User via e-mail if the Product is no longer bookable or what are the waiting times to obtain it, asking whether or not he intends to confirm the order.
Effemme Exclusive Lab assumes no responsibility for the delay or non-delivery of the Product due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which have prevented, in whole or in part, the execution within the agreed time.
Effemme Exclusive Lab will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons indicated above, the User having the right only to a refund of any price paid.
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9. RETURN RIGHTS
Effemme Exclusive Lab does not accept product return requests but only size exchange requests regarding the purchased item are accepted.
The return request must be made and must contain:
- First name
- Surname
- Email
- Order number
- The product to be returned
If the request is accepted, the customer receives a communication authorizing the exchange with the instructions to follow. If the request is rejected, the customer is not entitled to return the goods. Merchandise returned without authorization will not be considered. All products must be returned in the same condition in which they were originally shipped, including labels, tags, belts, packaging, certificates of authenticity, . We do not accept damaged, stained, washed or altered products, the goods must only be tried on and not used on the outside.
All products must therefore be in perfect condition and meet our quality standards.
We do not accept items with transport damage, personalized items, unsuitable sealed items for hygienic or sanitary reasons opened after delivery, items purchased outside effemmeexclusivelab.com
To remain adequately protected during transport it is mandatory to ship the items in their original packaging, we also recommend using a second box / protective casing outside the original one to ensure greater protection during transport.
Upon arrival at the warehouse, the product will be examined.
If the goods have defects attributable to the customer, the refund is calculated on the basis of the problems caused to the goods. The shipping costs for goods that do not comply with the requests are charged to the customer.
If the product complies with the requests, the customer will be contacted by our customer service in order to proceed with the product size change.
For the size exchange procedure, the cost of shipping is charged to the customer by payment on Paypal or on the Effemme Exclusive Lab company reference IBAN, which will be provided following the procedure for requesting the exchange of goods.
For any information, our support service is active on WhatsApp.
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10. OPTIONAL FORM FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The return / refund request must be made by email and must contain the name, surname, email with which the order was placed, the order number, the return method and, if possible, but not mandatory, the reason (which will help us understand and improve the services provided).
After submitting the aforementioned request to Customer Service with all the requested data, if the request is compliant, the customer will receive a return authorization email and the instructions to follow to do so.
Furthermore, customers are requested to faithfully follow the instructions provided to them for the correct management of returns and refunds.
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11. WARRANTY OF CONFORMITY
All Products that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through visionofsuper.com are covered by the legal guarantee of conformity provided for by art. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It therefore applies only to Users who have made the purchase through effemmeexclusivelab.com for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Those who have purchased on effemmeexclusivelab.com and who do not hold the status of Consumers will be subject to the guarantees for defects of the thing sold, to the guarantee for defects in promised and essential quality and to the other guarantees provided by the civil code with the relative terms, forfeiture and limitations (articles 1490 and following of the civil code).
The lack of conformity that occurs within 24 months from the date of delivery 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 must 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, 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 remedy requested is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: 1) repair and replacement are impossible or excessively expensive; 2) Effemme Exclusive Lab did not proceed with the repair or replacement within a reasonable time; the replacement or repair caused considerable inconvenience to the consumer.
If the User intends to make use of the remedies provided by the legal guarantee accompanying the Products, he must contact Effemme Exclusive Lab at Customer Service. Effemme Exclusive Lab will promptly respond 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.
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12. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
Effemme Exclusive Lab declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to effemmeexclusivelab.com and / or the materials and contents available on effemmeexclusivelab.com.
These Conditions do not grant the User any license to use effemmeexclusivelab.com and / or the individual Contents and / or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear on effemmeexclusivelab.com are and remain the property of Effemme Exclusive Lab or its licensors and are protected by current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of effemmeexclusivelab.com, if not authorized, will be considered violations of the intellectual and industrial property rights of Effemme Exclusive Lab.
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13. DISCLAIMER OF WARRANTIES
effemmeexclusivelab.com is provided "as is" and "as available" and the company makes no express or implied warranties in relation to effemmeexclusivelab.com, nor does it provide any guarantee that effemmeexclusivelab.com will meet Users' needs or that it will never be interrupted or free from errors or viruses or bugs.
Effemme Exclusive Lab will work to ensure that effemmeexclusivelab.com is uninterruptedly available 24 hours a day, but will in no way be held liable if, for any reason, effemmeexclusivelab.com is not accessible and/or operational at any time or for any period. Access to effemmeexclusivelab.com may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the will of the company or due to force majeure events.
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14. LIMITATION OF LIABILITY
Effemme Exclusive Lab cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
Furthermore, the company will not be liable for damages, losses and costs suffered by the User following the failure to perform the contract for reasons not attributable to him, the User having the right only to any full refund of the price paid and any additional costs incurred.
Effemme Exclusive Lab assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if it demonstrates that it has taken all 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 company (as well as its subsidiaries or affiliated companies, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including of a legal nature, costs incurred to defend oneself in court, which may arise in the event of damages caused to other Users or third parties, in relation to the Contents uploaded or to the violation of the terms of the law or of the terms of these Conditions.
Therefore, Effemme Exclusive Lab will not be responsible for:
- Any losses that are not a direct consequence of the breach of contract by Effemme Exclusive Lab;
- Any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, business losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- Incorrect or unsuitable use of effemmeexclusivelab.com by Users or third parties;
- The issue of incorrect tax documents due to errors in the data provided by the User, the latter solely responsible for the correct entry.
In no event can Effemme Exclusive Lab be held responsible for a sum exceeding double the cost paid by the User.
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15. FORCE MAJEURE
Effemme Exclusive Lab cannot be held responsible for the failed or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the company due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent from which, by way of example but not limited to, failures 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 IT attacks, interruptions in the supply of products, services or applications of third parties.
The fulfillment of the obligations by Effemme Exclusive Lab will be considered suspended for the period in which force majeure events occur.
Effemme Exclusive Lab will carry out every act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
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16. LINKS TO THIRD PARTY SITES
effemmeexclusivelab.com may contain links to third party sites. The company has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may lead to third party sites that provide services through effemmeexclusivelab.com. 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, with respect to which Effemme Exclusive Lab assumes no responsibility.
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17. WAIVER
No waiver by either party of any section of these Terms will be effective unless expressly declared as a waiver and given in writing.
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18. NULLITY OF SINGLE CLAUSES
If any provision of these Terms is held to be illegal or invalid, it will not be deemed to form 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.
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19. PRIVACY
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page Privacy Policy .
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20. APPLICABLE LAW AND JURISDICTION
These Conditions and all disputes regarding the execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the Court of the place where the company is based.
If the User is a consumer pursuant to article 3 of the Consumer Code, the mandatory territorial jurisdiction lies with 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 bring proceedings in a judge other than that of the "Consumer Forum" 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.
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21. ONLINE CONSUMER DISPUTE RESOLUTION
Consumers residing in Europe should be aware that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the Consumer to settle out of court any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with Effemme Exclusive Lab. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
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22. PRICES AND CURRENCY
Published prices and final invoices will be in Euros (EUR) for all countries of the world, with the exception of Great Britain and the United States of America. For these countries, pounds sterling (GBP) and dollars (USD) will be used respectively.
Credit cards will be charged in Euros, therefore, due to fluctuating exchange rates, the final price will be calculated and charged to your credit card with the exchange rate in effect on the day of the transaction.
