Terms and Conditions
The terms and conditions applied by Effegibi S.r.l. when offering Users access to its services available on the website store.effe.it are set out below.
For the sake of clarity and to facilitate acceptance of these terms and conditions, the following terms, whether stated in singular or plural form, will have the meanings given below:
- Owner: Effegibi S.r.l., whose registered office is situated at Via Gallo 769, VAT no. 03914050400, FC, share capital € 2,284,800.00, e-mail address: firstname.lastname@example.org, certified e-mail address: email@example.com;
- Application:the eCommerce website store.effe.it, run by the Owner, where Effegibi sells creams and fragrances;
- Products: the products and/or services offered via the eCommerce website;
- User:the subject who accesses the eCommerce website, regardless of legal status or the purposes pursued, and is interested in the Products offered via the eCommerce website;
- Consumer: a natural person who acts for purposes which are outside their trade, business, craft or profession;
- Conditions:this agreement that regulates dealings between the Owner and the Users and the sale or supply of the Products offered via the eCommerce website.
- Drawing up, conclusion and binding effect of Conditions
The contract for the purchase of the Products is concluded once the order form has been correctly completed and dispatched. This form provides for details of the subject placing the order and of the order itself, the price of the Product purchased, any additional charges, the payment methods and terms, the address to which the Product is to be delivered and the delivery schedule, and explains the right to withdraw from the contract, as well as the consent required to the processing of personal data. As soon as the Owner receives the order from the User, it shall send confirmation in the form of an e-mail or a printable confirmation and order summary webpage that also sets out the data referred to above. The Conditions shall not be considered as binding on the parties if the measures described above are not taken. The Owner may modify or simply revise these Conditions, in whole or in part. The User acknowledges and accepts that any modifications to these Conditions shall apply to orders sent by Users after the date on which the relevant modification was notified. The User is therefore invited to read the Conditions whenever accessing the eCommerce website and is advised to print a copy for future reference.
- Cancellation of account and closure
Registered Users may interrupt the use of the Products at any time and disable their accounts or ask for them to be cancelled through the eCommerce website interface, if possible, or by sending written notification to the e-mail address firstname.lastname@example.org, or by calling the Customer Service at the number 800013610. The Owner reserves the right, in the event of a breach of these Conditions or legal provisions applicable by the User, to suspend or close the User’s account at any time without prior notice.
- Purchasing on the eCommerce website
One or more Products may be purchased via the eCommerce website by Users, whether acting as Consumers or acting without this status. Pursuant to art. 3, paragraph I, letter a) of Italian Legislative Decree no. 206/2005 (“Consumer Code”) it is pointed out that natural persons who, when purchasing Products, act for purposes which are outside their trade, business, craft or profession, fall within the definition of Consumer. Natural persons are only permitted to purchase if they are at least eighteen years of age. The Owner undertakes to describe and present the Products sold on the eCommerce website in the best possible manner. Despite this, errors, inaccuracies or minor differences between the eCommerce website and the actual Product may arise. In addition, none of the photographs of the Products shown on the eCommerce website constitute any form of contractual evidence and are merely illustrative. The User expressly authorises the Owner to accept an order placed only partially (for example, if the Products ordered are not available). In such a case, the contract shall be concluded in relation solely to those Products actually sold. The Owner reserves the right to refuse an order:
- when the Product is not available;
- when authorisation to charge the cost of the Products to the User has been denied;
- when the price indicated at the time of the sale was evidently incorrect and recognised as such. In such circumstances, the User shall be contacted by the Customer Service to be informed of the matter and shall be reimbursed the relevant amount paid as part of the transaction.
- Prices and payments
The Owner reserves the right to vary, at any time, the price of the Products and any relevant shipping costs. It is understood that no variations shall prejudice contracts already concluded before the variation was made in any way whatsoever. The sale price for the Products is inclusive of VAT, if due; any other tax and/or shipping cost charged to the User shall be indicated before the purchase is confirmed. The User undertakes to pay the price of the Product purchased within the terms and in the manner indicated on the eCommerce website. The User shall receive any reimbursement promptly, by one of the methods put forward by the Owner and chosen by the User and, if the right of withdrawal is exercised, within no more than 30 days from the date on which the Owner became aware of the withdrawal. The eCommerce website uses third-party tools to process payments and does not come into any contact whatsoever with the payment data supplied (credit card number, name of holder, password, etc.). If these external tools deny authorisation to make payment, the Owner may not supply the Products and shall not be held responsible for any delay or for failure to deliver.
A User wishing to receive an invoice shall be asked for the relevant data. For the purpose of drawing up an invoice, the information furnished by the User, who declares and warrants that it is truthful, shall be considered binding and the Owner shall be fully indemnified in connection therewith.
- Delivery methods applying to material Products
The term material Product refers to any movable or digital asset supplied on a material medium and offered via the eCommerce website. Ordered material Products shall be forwarded to the User at the address indicated by him, adopting the methods chosen by the User or indicated on the eCommerce website at the time of purchase. The Products shall be delivered within the terms indicated in the order confirmation. When the Product is received, the User must check that it conforms to the order placed; only after it has been checked can the delivery documents be signed, subject always to the right of withdrawal. If an order exceeds the quantity available in storage, the Owner shall inform the User by e-mail that the Product can no longer be ordered or how long he will have to wait before receiving it, asking whether or not he wishes to go ahead with the order. The Owner shall not be held responsible for any delay or the failure to deliver the Product caused by an event of force majeure such as accident, explosion, fire, industrial strike and/or lockout, earthquake, flood or similar events that prevent the order from being processed, either in whole or in part, in accordance with the agreed schedule. The Owner shall not be held responsible towards any subject or third party for damage, loss or costs incurred as a result of the failure to execute the contract on the aforementioned grounds, and the User is only entitled to be returned the price if it has been paid.
- Right to withdraw in connection with material Products
The User, when acting as a Consumer, if for whatever reason is not satisfied with the purchase of the material Products, is entitled to withdraw from the contract entered into, without being liable to pay any penalty and without having to give any 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 shall not apply in the following circumstances:
To withdraw from the contract, the User must contact the Owner at the e-mail address email@example.com or call the Customer Service at the number 800013610. The User shall be told how to return the Product. As a valid alternative to sending notification, the Product purchased may be returned, subject to the same time limits. The parties shall rely on the post mark date or the date of delivery to the carrier as proof. In case of withdrawal, the Owner must reimburse payments received from the User, together with the delivery costs, without undue delay and, in any event, within and not beyond 30 days from the date on which the User notified the Owner of his intention to withdraw from the contract. The Owner shall reimburse the User in the same manner adopted by the User to make the purchase online. The User shall return the Products at his own expense, unless the Supplier agrees to bear the costs, without undue delay and in any event, within a period of 14 days from the date on which he notified the Owner of his intention to withdraw from the contract. The User is responsible for the integrity of the Product for as long as it is in his possession and shall take all appropriate measures to conserve the Product and shall do all that is possible to ensure that the Product is returned in the best possible condition, including the original packaging that must be undamaged, the instruction manuals, accessories, any separate articles and any other component. The Product must not be handled in any manner other than for the purpose of establishing its nature and characteristics and how it functions. The Owner shall not accept requests to return the Product if, when returned, it is found to malfunction as a result of improper use, negligence, damage or physical, aesthetic or surface alterations, tampering or inappropriate maintenance or excessive wear and tear or stress.
- supply of sealed Products that cannot be easily returned on grounds of hygiene or for reasons connected with health protection, and have been opened after delivery;
- Warranty of conformity
All the Products that may be defined as “consumer goods”, as regulated by art. 128, 2nd paragraph of the Consumer Code, sold via the eCommerce website, are covered by the legal warranty of conformity provided for in articles 128-135 of the Consumer Code. The legal warranty of conformity is given for the benefit of Consumers. It only applies however to Users who purchased via the eCommerce website for purposes which are outside their trade, business, craft or profession. Those who purchased via the eCommerce website but cannot be qualified as Consumers shall be covered by warranties against defects in the object sold, the warranty against non-conformity to the fundamental quality standards pledged and the other warranties provided for by the Italian Civil Code, with the relevant terms, expiry dates and restrictions (articles 1490 et seq. of the Italian Civil Code). Non-conformity that arises within 24 months from the date on which the Product was delivered must be reported within 2 months from the date on which the problem was discovered. Unless proved to the contrary, it is presumed that non-conformities that arise within six months from delivery of the Product already existed on that date, unless this presumption is incompatible with the nature of the Product or with the nature of the non-conformity. After the period of six months, the onus is on the User to prove that the damage was not caused by the incorrect or improper use of the Product. Pursuant to art. 130 of the Consumer Code, in the event of non-conformity of the Product, the User may demand that the Product be made to conform, without incurring any costs. For this purpose, the User may normally choose whether he wants the product to be repaired or replaced. This right to choose may not be exercised if the remedy requested is objectively impossible or excessively burdensome. In addition, the User is entitled to an appropriate price reduction or the termination of the contract, only in the following circumstances: i) repairs or replacement are impossible or excessively burdensome; ii) the Owner has not arranged for the Product to be repaired or replaced within a reasonable length of time; iii) the replacement or repairs have caused the Consumer considerable inconvenience. If the User intends to benefit from the remedies envisaged by the legal warranty accompanying the Products, he must contact the Owner at the e-mail address firstname.lastname@example.org or call the Customer Service at the number 800013610. The Owner must reply promptly to the notification of alleged non-conformity and inform the User of how specifically to proceed, taking into account the goods category to which the Product belongs and/or the reported defect.
- Industrial and intellectual property rights
The Owner declares that it is the holder and/or licensee of all intellectual property rights relating to and/or stemming from the eCommerce website and/or the materials and contents available on the eCommerce website. These Conditions do not grant the User any licence to use the eCommerce website and/or individual Contents and/or materials available on it, unless otherwise directed. All figurative or nominative trademarks and any other signs, business names, service marks, denominative trademarks, trade names, illustrations, images or logos that appear on the eCommerce website are and shall remain the property of the Owner or its licensees and are protected by current trademark legislation and by international treaties. Any unauthorised reproductions in any form of explanatory texts and contents on the eCommerce website shall be considered infringements of the Owner’s intellectual and industrial property rights.
- Exclusions from warranty
The eCommerce website is provided "as is" and “as available” and the Owner does not give any express or implied warranty regarding the eCommerce website, nor does it give any warranty that the eCommerce website can satisfy the Users’ needs or that it will never experience any interruptions or that it will be free of errors, viruses or bugs. The Owner shall use its best endeavours to ensure that the eCommerce website is available uninterruptedly 24 hours a day, but may not be held responsible in any way whatsoever, on any grounds, if the eCommerce website is not accessible and/or operative at any time or for any length of time. Access to the eCommerce website may be suspended temporarily without prior notice in the event of a system failure or when maintenance or repairs are being carried out, or for reasons that are totally beyond the Owner’s control or as a result of events of force majeure.
- Limitation of liability
The Owner shall not be held liable towards the User, apart from cases of wilful misconduct or gross negligence, for disruptions or malfunctioning connected with the use of the Internet network beyond its control or that of its sub-contractors. Nor shall the Owner be held liable for damage, losses or costs incurred by the User as a result of non-performance of the contract for reasons beyond its control, and the User shall only be entitled to full reimbursement of the price paid and any additional costs incurred. The Owner shall not be held liable for any fraudulent or illegal use by third parties of credit cards, cheques or other means of payment when the services acquired are paid for, if it can demonstrate that it has taken all possible precautions with all the skill and experience possessed at the time and acting with due care. The User undertakes to indemnify and hold harmless the Owner (or any of its subsidiaries or affiliates, its representatives, working associates, consultants, directors, agents, licensees, partners or employees), against any obligation or liability, including any legal costs incurred in taking legal action to defend its rights, that may arise as a result of damage caused to other Users or to third parties, in relation to the Contents or the violation of legal provisions or of the terms set out in these Conditions. The Owner shall not therefore be held liable for:
The Owner shall not be held responsible under any circumstances for an amount exceeding double the cost paid by the User.
- any losses that are not directly attributable to the breach of contract on the part of the Owner;
- any loss of business opportunities or any other loss, including indirect loss, that may be incurred by the User (such as, for example, without limitation, commercial losses, loss of presumed earnings, takings, profits or savings, loss of contracts or business dealings, loss of reputation or the value of goodwill, etc.);
- incorrect or improper use of the eCommerce website by the Users or third parties;
- the issuing of inaccurate fiscal documents due to errors relating to data supplied by the User, who is the party solely responsible for entering the information correctly.
- Force majeure
The Owner shall not be held responsible for non-performance or the delayed performance of its obligations, in circumstances beyond the said Owner’s reasonable control and caused by events of force majeure or, in any case, unforeseeable and unexpected and, in any case, beyond its control such as, for example, but without limitation, faults or interruptions to telephone lines or electricity supplies, the Internet network and/or, in any event, to transmission tools, unavailability of websites, industrial strike, natural disaster, virus and computer attacks, interruption to the supply of third-party products, services or applications. The performance of the obligations on the part of the Owner shall be considered as having been suspended for the period of time during which the events of force majeure arise. The Owner shall do all within its power to find solutions that permit it to perform its obligations, despite the persistence of events of force majeure.
- Links to external sites
The eCommerce website may contain links to third-party sites. The Owner has no control over these sites and shall therefore not be held responsible for the contents of these sites. Some of these links may refer the visitor to third-party sites that provide services via the eCommerce website. In such cases, the general conditions regulating the use of the site and enjoyment of services provided by third parties shall apply to the individual services offered, and the Owner does not accept any responsibility in connection therewith.
The waiver on the part of either party of a provision contained in these Conditions shall not be binding unless it is expressly declared to be a waiver and is notified in writing.
- Invalidity of individual clauses
In the event that one of the provisions contained in these Conditions is found to be illegal or invalid, it shall not be considered as part of the Conditions and shall not influence the remaining provisions, which shall continue to be valid to the extent permitted by the law.
Personal data shall be protected and processed in keeping with the Privacy Statement, that may be consulted on the page www.effe.it/privacy-policy
- Applicable law and jurisdiction
These Conditions and any disputes relating to performance, interpretation or validity are subject to Italian law and shall be referred exclusively to the competent court whose jurisdiction covers the place in which the Owner’s head office is situated. If the User is a Consumer, as defined in art. 3 of the Consumer Code, the competent court is the district court whose jurisdiction covers the place where the Consumer has his place of residence or address for service, if situated within Italian territory, without prejudice to the User-Consumer’s right to have recourse to a court differing from the “Consumer’s forum” as defined in art. 66 bis of the Consumer Code, having territorial jurisdiction on the basis of one of the criteria described in articles 18, 19 and 20 of the Italian Code of Civil Procedure.
- Online settlement of disputes
Consumers resident in Europe will be aware of the fact that the European Commission has set up an online platform that offers alternative means to settle disputes. This tool may be used by the Consumer to settle any dispute relating to and/or stemming from online contracts for the sale of goods and services. The Consumer can therefore use this platform to resolve any dispute arising from the online contract entered into with the Owner. The platform is available at the following address: https://webgate.ec.europa.eu/odr/ Date18/04/2019