Terms of Service

TERMS AND CONDITIONS

Article 1

Ownership of the Site and premises

These General Terms and Conditions of Contract and Supply, drawn up in accordance with Legislative Decrees no. 70/2003 and Legislative Decree 206/2005, regulate the sales services on the website www.cioccolatoabbigliamento.com and are stipulated between the sole proprietorship of Fiori Milena (hereinafter also the “ Company ”), with registered office in Via Costa 37, 10034 Chivasso TO, (VAT number: 10914800015; Tax code and company registration number FRIMLN74T43I452V), and the person (hereinafter also the “ User ”) who consults the pages of the website www.cioccolatoabbigliamento.com (hereinafter: “ Site ”) and who uses the electronic product purchasing services made available on the same.

The Company and the User jointly understood are also referred to as the “ Parties ”.

The Site is managed by the individual firm of Fiori Milena and allows the purchase of products marketed by the Company.

These Terms and Conditions are binding between the parties indicated above and apply to all Users purchasing one or more products offered on this Site.

Users who use the Services offered on this Site declare that they know and accept these Terms and Conditions, declaring, under their own exclusive responsibility, that they are at least 18 years old.

Except as otherwise provided by mandatory law, for the purposes of these Terms and Conditions, you agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any requirement that such communications be in writing, where required by law.

Article 2

Object of the contract

The contract regulates and has as its object the sale of the products offered on the Site.

These Terms and Conditions are binding on the Parties and have as their object the purchase of the products offered for sale on the Site.

The Company sells various types of women's clothing and accessories through the Site.

Article 3

Prices

The prices on the Site are clearly indicated and include VAT.

Shipping costs, paid by the customer, are €8.00 for Italy and €18 for European Community countries.

Prices may vary over time, but will not affect the price charged to the User at the time of purchase, nor will they give rise to any new rights on prices for the User.

The above point is an exception to the rule in cases where the prices entered are disproportionate to the normal market value as a result of material errors.

Article 4

How to purchase

To purchase the products referred to in art. 2, the User must add the chosen products to the cart, then enter their data for the shipment of the ordered products, accepting these Terms and Conditions and the Privacy Policy of the Site and make the payment within the terms set out therein.

Payment must be made in a single solution using the methods available on the Site, including cash on delivery, payment via PayPal, Google Pay and Shop Pay, and also via debit or credit card.

If the User chooses to pay by credit card, this circumstance is subject to verification that the issuing bank is enabled for online purchases.

The payment procedure is to be considered as a purchase proposal.

The purchase will be considered completed upon receipt of a specific email to the address provided by the User during the purchase phase.

In case of problems with the purchase procedure and/or errors in filling in the data, the User can write to the email address cioccolatoabbigliamento@libero.it. The Company will verify compliance with the procedures referred to in the preceding points and, in the absence of justified reasons, will proceed to complete the purchase.

In case of errors in the compilation, these must be communicated within 24 hours of payment, in order to allow the Company to modify the order according to the correction requests made by the User.

The purchase contracts concluded and perfected will be stored electronically on specific devices owned by the Company.

Article 5

Conditions of sale and use of the Site

The purchase by the User implies full knowledge and acceptance by the latter of these Terms and Conditions.

There will be no commitment between the User and the Company, and therefore no purchase contract can be considered concluded , in the event that, in the Order compilation procedure, evident and recognisable errors or inaccuracies are committed, due to facts attributable to both the User and the Company, such as - by way of example and not limited to - errors or inaccuracies relating to the User's data (including the address indicated for delivery) or relating to the identification and/or selection of the Products and/or the relative quantities and/or the relative price.

The Company reserves the right to verify the correctness of the prices of the Products added to the cart and ordered by the User before shipping and, in the event of a price error, reserves the right to cancel the order .

Furthermore, in case of difficulty in delivering to the address indicated for delivery, the User will be notified to make direct contact and find an alternative method of delivery of the Product or to obtain a full refund of the amounts paid.

The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability, negative consequence or expense in any way connected to claims against the User due to the fact that the latter has in any way used materials from the Site, in violation of any applicable law, the rights of third parties or the terms of these Terms and Conditions.

The User is the sole and exclusive responsible for any consequence (legal or non-legal) that may arise from the non-compliant use of the products sold by the Company. No complaint, charge of responsibility or request for compensation may be advanced by the User to the Company and its suppliers as a consequence of the service offered.

The Company guarantees that the delivered products meet the legal requirements for use, reliability and durability.

The User undertakes to check the product or products once received and, in the event of one or more products not conforming to the order placed, the User must inform the Company via the e-mail cioccolatoabbigliamento@libero.it within 14 days from the date of receipt of the order.

Article 6

Shipping orders

The products will be shipped within a maximum of 3 working days from the date of purchase, with “ordinary” shipping.

For purchases under €50.00, shipping costs will be added to the prices displayed on the site.

For purchases over €50.00 shipping costs are included.

Article 7

Right of withdrawal

The Parties jointly agree that there is no right of withdrawal if the User is not a consumer.

The User-consumer can exercise the right of withdrawal within 14 days from the date of purchase by writing to the following email cioccolatoabbigliamento@libero.it.

The User declares that he/she waives the right of withdrawal with regard to the purchase of products made to measure or clearly personalized once the payment has been made and production has begun, as regulated by art. 59 letter c of Legislative Decree no. 206 of 2005.

In all other cases, in order to exercise the right of withdrawal, the relevant communication must be sent before the 14-day period expires.

In the event that the User has chosen to have the Products requested in a single Order delivered in multiple shipments, the term for exercising the right of withdrawal will start with the delivery of the last Product.

Within 14 days of the date of communication of withdrawal, the User must return the product by registered mail or with traceable shipping to the address indicated by the Company.

The User shall bear the shipping costs resulting from the withdrawal.

Once the Product has been received by the Company, the Company will refund the Product using the payment method chosen by the User at the time of the Order.

Finally, it is specified that the User does not have the right to withdraw in the following cases:

• the delivered products have been exposed to abnormal circumstances;

• the buyer did not use the product in a prudent and careful manner;

• the buyer, when wearing the purchased clothing, wears it for periods of time longer than the equivalent of a simple fitting room test;

• the occurrence of circumstances beyond the control of the Company, such as damage resulting from force majeure or caused by the carrier during transport.

Article 8

Company Obligations

The Company is not responsible for any damage that is not an immediate and direct consequence of the breach of contract.

The Company is in no way responsible for the fulfillment of obligations by third parties who may offer commercial guarantees in relation to the products on sale on the Site.

The Company reserves the right to prevent access to the Site in the event of violation of the applicable legal provisions and/or violation of these Terms and Conditions.

Furthermore, the Company is not responsible for any delays or failures to fulfill contractual obligations, nor for any delays, disruptions or suspensions of the Site if one or more of these problems arise from unforeseeable circumstances or causes of force majeure.

(Among the causes that could lead to the suspension, delay or in any case to non-fulfilment of the contractual obligations, for which the Company is not responsible, the following causes are listed by way of example and are NOT exhaustive: malfunction of telephone and/or electrical lines and/or the Internet network; malfunction of software, hardware and/or hosting services; interruptions and/or suspensions due to provisions of law, including exceptional ones, or by acts of Italian or foreign authorities; for tampering or interventions by third parties on services or equipment used by the Company during the production phase of the products; for incorrect use of the platform by the Users; malfunction of the connection devices used by the Users; non-conformity and/or obsolescence of devices or programs used by the Users; for malfunctions of the services, loss of data, accidental dissemination of personal or sensitive data not attributable to the conduct of the Company, and any other type of damage occurring following attacks by computer pirates, thieves, hackers and/or viruses).

Article 9

Privacy policy

For the information and the discipline relating to the processing of personal data by the Company, please refer to the privacy information page, located at the bottom of the home page of the Site.

Article 10

Language, applicable law, dispute resolution and competent court

These Terms and Conditions are drawn up in Italian.

Without prejudice to the rights of Consumers, any dispute shall be subject to the exclusive jurisdiction of the Court of Turin.

The User/Consumer habitually resident in the European Union can benefit from the additional protections provided by the mandatory provisions of the country of residence.

The User/Consumer has at his/her disposal a platform, set up by the European Commission, for the resolution of online disputes, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/ .

Article 11

Links to external websites

The links and connections to external sites made available by the Company are provided for information purposes only.

The Company cannot be held responsible for the use of external sites.

The inclusion of external links does not imply any connection with the same, nor any responsibility regarding the correct treatment of data according to privacy legislation or any other information provided by the User/Customer to external websites.

Article 12

Duration and changes

These Terms and Conditions will remain valid and effective until they are modified and/or integrated by the Company.

Any changes to these Terms and Conditions will be effective and binding on the User from the moment of publication on the Site and will apply to sales made from that date.

Any changes to these Terms and Conditions resulting from regulatory needs and/or updates will be published on the Site in order to inform the User.

Article 13

Final provisions

The clauses which for any reason are to be considered in whole or in part null and/or ineffective, do not affect the remaining provisions of this contract, which will remain valid and effective between the parties.

The Company may at any time and without notice deactivate the User's access to the Site or suspend the sale of products, if the User does not comply with one or more of these contractual clauses or voluntarily violates, through incorrect behavior, this agreement, without the User being able to claim damages and/or compensation of any kind and/or restitution of sums.

In the event of non-fulfilment by the User of this contract, the failure to act by the Company does not in any case constitute a waiver of the right to act.

Art. 14

Communications and Complaints

All communications and/or any complaints from the Customer towards the Company must be sent to the e-mail address: cioccolatoabbigliamento@libero.it .