Terms of Service
TERMS AND CONDITIONS
Article 1
Website Ownership and Introduction
These General Terms and Conditions of Contract and Supply, drawn up in accordance with Legislative Decrees no. 70/2003 and 206/2005, regulate the sales services available on the website www.cioccolatoabbigliamento.com and are stipulated between the individual company of Fiori Milena (hereinafter also “Company”), with registered office in Via Costa 37, 10034 Chivasso TO, (VAT no.: 10914800015; Tax Code and Business Register no. FRIMLN74T43I452V) , and the person (hereinafter also referred to as “User”) who consults the pages of the website www.cioccolatoabbigliamento.it (hereinafter: “Website”) and who uses the services for purchasing products online available on it.
The Company and the User jointly are also referred to as “Parties”.
The Website is managed by the individual company 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 Website.
Users who use the Services offered on this Website declare that they know and accept these Terms and Conditions, stating, under their exclusive responsibility, that they are 18 years old.
Except for mandatory regulations, for the purposes of these Terms and Conditions, the User accepts that all contracts, notifications, information, and other communications provided in electronic form satisfy the requirement of written form, when required by law.
Article 2
Subject of the contract
The contract governs and concerns the sale of products offered on the Website.
These Terms and Conditions bind the Parties and concern the purchase of products offered for sale on the Website.
The Company sells various types of clothing and accessories for women through the Website.
Article 3
Prices
The prices on the Website are clearly indicated and include VAT.
Shipping costs, borne by the customer, are €8.00 for Italy and €18 for European Union 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 price rights for the User.
The above point does not apply in cases where the prices entered are disproportionate to the normal market value due to material errors.
Article 4
Purchase Method
To purchase the products referred to in Article 2, the User must add the chosen products to the cart, then enter their shipping details for the ordered products, accept these Terms and Conditions and the Website's Privacy Policy, and make payment under the terms provided therein.
Payment must be made in a single solution using the methods available on the Website, including cash on delivery, PayPal, Google Pay, and Shop Pay, also via debit or credit card.
If the User chooses to pay by credit card, this 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 finalized upon receipt of a specific email at the address provided by the User during the purchase phase.
In case of problems with the purchase procedure and/or errors in data entry, the User can write to the email address cioccolatoabbigliamento@libero.it. The Company will verify compliance with the procedures described in the preceding points and, in the absence of justified reasons, will proceed with finalizing the purchase.
In case of errors in compilation, these must be communicated within 24 hours of payment, to allow the Company to modify the order according to the correction requests made by the User.
The concluded and finalized purchase contracts will be stored electronically on dedicated devices owned by the Company.
Article 5
Terms of Sale and Website Use
The User's purchase implies full knowledge and acceptance by the User 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, if, in the order placement procedure, due to facts attributable to either the User or the Company, evident and recognizable errors or inaccuracies occur, such as - by way of non-exhaustive example - errors or inaccuracies relating to the User's data (including the delivery address) or relating to the identification and/or selection of the Products and/or their quantities and/or their price.
The Company, before shipping, reserves the right to verify the correctness of the prices of the Products added to the cart and ordered by the User and, in case of price error, reserves the right to cancel the order.
Furthermore, in case of difficulty in delivery to the indicated address, the User will be notified to make direct contact and find an alternative method of Product delivery 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 User having used Website materials in violation of any applicable regulation, third-party rights, or the terms of these Terms and Conditions.
The User is solely and exclusively responsible for any consequences (legal or non-legal) that may arise from the improper use of the products sold by the Company. No complaint, charge of liability, or request for compensation may be made by the User to the Company and its suppliers as a result 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 case of one or more products not conforming to the order placed, the User must inform the Company via email at cioccolatoabbigliamento@libero.it within 14 days from the date of receipt of the order.
Article 6
Order Shipping
Products will be shipped within a maximum of 3 working days from the date of purchase, using "standard" shipping.
For purchases under €50.00, shipping costs will be added to the prices shown on the website.
For purchases over €50.00, shipping costs are included.
Article 7
Right of withdrawal
The Parties jointly agree on the absence of any 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 address cioccolatoabbigliamento@libero.it.
The User declares to waive the right of withdrawal regarding the purchase of custom-made or clearly personalized products once 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, to exercise the right of withdrawal, the relevant communication must be sent before the expiry of the 14-day period.
In the event that the User has chosen to have the Products requested in a single Order delivered in multiple shipments, the deadline for exercising the right of withdrawal will start with the delivery of the last Product.
Within 14 days following the date of communication of the withdrawal, the User must return the product by registered mail or tracked shipment to the address indicated by the Company.
The User bears the shipping costs resulting from the withdrawal.
Once the Product has been received by the Company, the Company will proceed with the refund using the payment method chosen by the User at the time of the Order.
Finally, it should be noted that the User is not entitled to withdrawal in the following cases:
-
the delivered products have been exposed to abnormal circumstances;
-
the buyer has not used the product prudently and carefully;
-
the buyer, when wearing the purchased clothing, wears it for periods longer than the equivalent of a simple try-on in the changing room;
-
the occurrence of circumstances beyond the Company's control, such as damages resulting from force majeure or caused by the carrier during transport.
Article 8
Company's Obligations
The Company is not responsible for any damage that is not an immediate and direct consequence of contractual non-performance.
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 for sale on the Site.
The Company reserves the right to prevent access to the Site in the event of violation of applicable legal provisions and/or violation of these Terms and Conditions.
Furthermore, the Company is not responsible for delays or non-fulfillment of contractual obligations, nor for delays, malfunctions, or suspensions of the Site if one or more of these problems arise from unforeseeable circumstances or force majeure.
(Among the causes that could lead to the suspension, delay, or non-fulfillment of contractual obligations, for which the Company is not responsible, are listed by way of example and NOT exhaustively the following causes: malfunction of telephone lines and/or electrical lines and/or the internet network; malfunction of software, hardware and/or hosting services; interruptions and/or suspensions due to legal provisions, including those of an exceptional nature, or by acts of Italian or foreign Authorities; tampering or interventions by third parties on services or equipment used by the Company in the production phase of the products; incorrect use of the platform by Users; malfunction of the connection equipment used by Users; non-compliance and/or obsolescence of equipment or programs used by Users; malfunctions of services, data loss, accidental disclosure of personal or sensitive data not attributable to the Company's conduct, and any other type of damage occurring as a result of attacks by cybercriminals, thieves, hackers, and/or viruses).
Article 9
Privacy policy
For information and regulations concerning the processing of personal data by the Company, please refer to the privacy policy 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 drafted 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 residing in the European Union may benefit from the additional protections provided by the mandatory provisions of their country of residence.
The User/Consumer has at their disposal a platform, prepared by the European Commission, for online dispute resolution, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/ .
Article 11
Links to external websites
Links and connections to external sites provided by the Company are for informational purposes only.
No liability can be attributed to the Company regarding the use of external sites.
The inclusion of external links does not imply any connection with them, nor any responsibility for the correct processing of data according to privacy regulations or any other information provided by the User/Client to external websites.
Article 12
Duration and modifications
These Terms and Conditions will remain valid and effective until they are modified and/or supplemented by the Company.
Any modifications 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.
Modifications to these Terms and Conditions, arising from regulatory needs and/or updates, will be published on the Site to inform the User.
Article 13
Final provisions
Clauses that for any reason are to be considered wholly or partly 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 deliberately violates this agreement with improper conduct, without the User being able to claim damages and/or compensation of any kind and/or reimbursement of sums.
In case of the User's breach of this contract, the Company's failure to take action does not in any way constitute a waiver of its right to act.
Art. 14
Communications and Complaints
All communications and/or any complaints from the Customer to the Company must be sent to the e-mail address: cioccolatoabbigliamento@libero.it .