TERMS AND CONDITION
Femdue s.r.l.s., owner of this website, authorizes you to view and download the pics and tests available on our website only for private use not for commercial purpose. It is forbidden to modify the materials pics and tests available on our website in any way. It is also forbidden reproduce, distribute or otherwise use any of the content for commercial purposes. Therefore any use of these materials on any other website or networked computer environment for commercial purposes without our permission is forbidden. The materials on this website are protected by Copyright and unauthorized use may violate copyright laws, trademark and other laws. The copyright law refers to anything that is of our own creation, such as the layout of the pages, the graphic (gif, jpg, movies), the site’s content; excluding trademarks, brand names, company names, product names, magazines, services, and connections information arising or belong to third parties, which retain all copyrights. All the links from this website are provided exclusively for your convenience. If you use these links you will leave this site. Femdue s.r.l.s., owner of this website, has not reviewed these websites and does not control them and is not responsible for the material contained there in, or offer any guarantee in relation to them and to information or other products or materials found in these websites . If the presence of a link on our website (link) or logo, photo, image, text is not appreciated by the respective owner please write to email@example.com to request the immediate removal. All the informations, other communications, all data, images, sounds, text, video transmitted to this website through the blog will be considered non-confidential, so Femdue s.r.l.s and its designees will be free to disclose, distribute, copy, include it and otherwise use it for commercial purposes or not. Information received for the management of the newsletter follow safety policies and privacy specified in the website. Femdue s.r.l.s., owner of this website, may revise these terms at any time by updating this posting. It is advisable to periodically visit this page to see the current binding 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
The website/webshop etno-chic.com (hereinafter called the “Website”) is operated by Femdue s.r.l.s, a company incorporated under the laws of Italy, with registered office in 06034 Foligno (PG) Italy, via Campagnola 8 – email firstname.lastname@example.org – italian company number Registro economico Amministrativo – REA 292977 – Intra-community VAT number 03491460543 (hereinafter called “Seller”). Femdue s.r.l.s sells and the Customer purchases by a remote sales contract, through the Internet, the products selected and ordered by the Customer among those included in the site’s electronic catalog and available at the time. Every transaction on the website, including orders and purchases, implies the explicit, unconditional and irrevocable acceptance, without any prejudice to these General conditions of Sales by the Customer. These General Conditions of Sales can be consulted on the Website under the item “General Conditions of Sales” and can be printed by the Customer, who shall therefore be considered as having been informed of these General Conditions of Sales. These General Conditions of Sales shall apply to the entire agreement between the Seller and the Customer and shall replace any and all previous spoken or written agreements in this regard. These general Conditions of Sales always prevail over possible general and special conditions imposed by the Customer. The possible invalidity or nullity of a provision in these Conditions of Sales does not affect the validity and / or enforceability of any or all other provisions. These Conditions of Sales do not regulate the supply of services or sale of products by anyone other than Femdue s.r.l.s who may be made reference to on the website through links, banners or other hypertext links, for which Femdue s.r.l.s. does not accept any responsability. After the Customer has placed the purchase order, the company Femdue s.r.l.s. will confirm the registration of the purchase order through the message sent to the email address indicated by the Customer or shown on a website screen. The order confirmation serves information purposes only. The contract is concluded, and binding for both parties, when the confirmation of the receipt of payment is sent to the Customer by the Seller by means of an email. The fulfillment of the order by the company Femdue s.r.l.s. is equivalent to confirmation and acceptance of the same. Any modification of the order by the Customer following confirmation shall be subjected to the Seller’s approval, which may be granted by the Seller through explicit and written confirmation of the revised order in question. In the event the data base encounters problems with the use of the website, such as, in particular, attempts of fraud, placing or incorrect orders, providing clearly erroneus data, non-payment of previous deliveries or refusal on the part of the Customer’s financial institution to approve payments or non-confirmation of the payment via web banking on the part of the institute providing the technical support for such payment transactions, Femdue s.r.l.s. shall have the right to suspend the order and the subsequent delivery without having to motivate her decision. Femdue s.r.l.s. accept purchase orders for products in the amount of existing limits in stock. The acceptance of the offer is subject to the availability in stock of the products. In the event of the non-availability of ordered items, the Seller shall immediately inform the Customer and offer an alternative product. If the Customer does not agree to said alternative product and has already paid the price, the Seller will issue a refund the Customer within 14 days following receipt of payment and the contract will be terminated.
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 they will not be refunded in case of withdrawal and return of the goods.
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
Femdue s.r.l.s. will have the purchased goods delivered to the address specified by the Customer, by courier. The order will be processed within three business days from the date of payment. If the payment is not made, the order will not be processed. The delivery date may vary depending on the destination of the goods. In Italy the goods are delivered within 2-3 business days (excluding islands where the delivery takes 3-5 days) depending on the delivery zones and time in which the order is placed and payment is received. The recipient of the goods must be available at the address provided for the delivery. The courier will make two attempts at delivery of the goods, after which the goods are put in storage and the Customer will be charged additional costs. No shipments are made to Livigno, Campione d’Italia, PO Boxes and Poste Restante. In the other countries belonging to the European Union, the goods are delivered in 4-5 business days. In non-EU countries listed below (USA, Canada, Mexico, Australia, New Zealand, Hong Kong, Indonesia, Japan, Macau, Malaysia, Philippines, Singapore, South Korea, Taiwan, Thailand, Gibraltar, Iceland, Liechtenstein, Norway, Switzerland, Andorra, Monaco) the goods are delivered in 5-7 business days, not considering delays and detention at customs. For all other countries, the Customer must contact the Femdue s.r.l.s. by email at email@example.com. Customs duties and taxes required by the local authorities they are not included in the shipping costs and are always at Customer’s expense. It is the Customer’s obligation to check them before placing an order.funded in case of withdrawal and return of goods .
Art. 6 – Disputing shipment
In the event of damage to the packaging and / or product or of discrepancy in the number of packages, the Customer must immediately make a complaint in writing on the transport document presented by the courier for signing. Once the document is signed in acceptance, the Customer can not make any claims about the appearance of the delivered goods. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within four working days of delivery, by registered letter a / r to Femdue s.r.l.s. Via Campagnola 8, 06034 Foligno (PG) Italy, indicating the purchase order number, tax certificates and bank account details and attaching pictures of the damaged product, having sent prior notice via email to firstname.lastname@example.org to initiate the procedure and provide further documentation upon request. In case of delay or failure to comply with this procedure, the Customer can not in any way return the products received. In case of returns and only after receiving explicit written authoritation by Femdue s.r.l.s., the Customer must return the damaged or mismatched products to Femdue s.r.l.s. at Via Campagnola 8, 06034 Foligno (PG) Italy within eight days of the complaint, enclosing the original shipment packaging. According to the complaint received, Femdue s.r.l.s. will send the exact number of products purchased or the exact products purchased or, if possible, replace damaged products. If, for whatever reason, the Femdue s.r.l.s. is not able to replace the product, it will proceed at its own discretion to refund the amount paid or to replace it with a product of equal or superior characteristics.
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
The Customer, consumer – natural person acting for purposes unrelated to business or profession and residing in Italy or in other countries of the European Union, can exercise the right to withdraw without penalty and without stating reasons, within 14 days from receiving the product purchased, following this procedure: a) within 14 days from receiving the goods, the Customer must fill the form located in the website section “Right to withdraw” and send an email to email@example.com to revoke the agreement or send other statement containing unambiguos decision to revoke the agreement . If the Customer doesn’t use the model return form, he/she must send a registered letter to the following address: Femdue s.r.l.s – Via Campagnola 8, 06034 Foligno (PG) ITALY. It is necessary to indicate the purchase order number, the product or products for which he/she intends to exercise the withdrawal, a telephone number where he/she can be contacted and attaching a copy of an official identity document and copy of tax documentation; b) the product must not have been damaged, used, modified or altered, and must be in the same condition in which it was received; c) the Customer shall deliver the returning product to the shipping company or to post office, carefully packed in its original packaging, complete with everything in its original content, within 14 days of announcing the decision to revoke the agreement and send it to Femdue s.r.l.s. Via Campagnola 8, 06034 Foligno (PG) Italy. The direct costs in connection with the return shipment are charged to the Customer who is the sole responsible for the shipment and the goods, until delivery to Femdue s.r.l.s. If all these conditions are met, the Seller will refund full payment received and only the direct costs in connection with the return shipment will be charged to the Customer. Taxes, customs duties and other local taxes which may be paid for the importing the goods to their country, will not be refunded to final consumers, natural persons residing outside of the European Union. If the return does not comply with the conditions set out in points a), b) and c) the return may not be accepted and the Customer will be contacted. In this case the Customer can decide to take back the purchased product at his expense. In the event that the Customer refuses the shipment, Femdue s.r.l.s. reserves the right to retain the product and the purchase payment. After the Seller receives the return and verified that all requirements have been met, the Customer will receive an email confirming acceptance of the return. Within 14 days from the date when the Seller became aware of decision to revoke the agreement, once satisfied that withdrawal took place in compliance with the above conditions, the refund will be activated. The Seller may withhold the reimbursement until the product is received or until the Customer providees proof of having sent back pursuant to art.56 paragraph 3 D.Lgs. 206/2005. The refund of will be actived through the same instrument of payment as the Customer used during the initial transaction. The right of withdrawal can not be exercised for the purchase of customized / special products. Customized or special products are all those that exhibit differences/variations explicitly requested by the Customer.
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
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.