Terms and conditions
TERMS AND CONDITIONS
GENERAL INFORMATION
This document sets out the general terms and conditions of use of the www.tessutifochicarmen.it website, which offers clothing fabrics, ready-made garments, a video consulting service for the sale of clothing fabrics and a tailoring service via an online interface.
This website is managed by Chiara Marchesini. The terms “we” and “our” within the site refer to Chiara Marchesini and Fochi Carmen. Chiara Marchesini offers you this website with all the information, tools and services available on it on condition that you, as the user, accept all the terms, conditions, information and warnings contained herein.
By visiting our site and/or purchasing something from us, you are using our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service”, “Terms”), which include the terms, conditions, and additional disclosures referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including but not limited to visitors, suppliers, customers and merchants.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use its services. If these Terms of Service are considered a proposal, acceptance is expressly limited to these Terms.
Any new features and tools added to the current shop will also be subject to the Terms and Conditions of Service. You can check the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes will constitute your acceptance of those changes.
Our shop is hosted on WordPress, which provides us with the online ecommerce platform to sell you our products and services.
SECTION 1 – TERMS AND CONDITIONS OF THE ONLINE SHOP
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have authorized us to allow any minor under your responsibility to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including without limitation copyright laws) when using the Service.
You are not allowed to spread worms, viruses or other types of malicious code.
Violation of any provision of the Terms will result in immediate termination of your right to use the Services.
SECTION 2 – GENERAL CONDITIONS
The Customer is obliged to read these general terms and conditions of sale carefully before submitting his purchase order. Submitting a purchase order implies full knowledge and acceptance of these terms and conditions. Finally, once the on-line purchase procedure has been completed, the Customer is required to print and keep these general conditions of sale, which have already been viewed and accepted during the contract conclusion phase.
You agree not to reproduce, duplicate, copy or exploit any part of the Service, nor use of the Service, access to the Service or any contact on the website through which the Service is provided without express written permission from us.
We reserve the right to deny service to anyone for any reason at any time.
SECTION 3 – PROCESSING OF PERSONAL DATA
Pursuant to art. 13 of Legislative Decree 196/2003, the personal and fiscal data provided directly by the interested parties, or otherwise acquired as part of the company’s activities, will be processed in compliance with the aforementioned regulations, including the confidentiality obligations provided for therein. In relation to the aforementioned data, the rights pursuant to art. 7 of Legislative Decree 196/2003 may be exercised.
Credit card data are always encrypted when transferred over networks.
SECTION – 4ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will not be liable if the information made available on this site is not accurate, complete or up-to-date.
This site may contain some historical information. The historical information, necessarily, is not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION – 5CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION – 6PRODUCTS OR SERVICES
Some products or services may only be available online through the website. These products or services may be available in limited quantities, and may be subject to return or replacement only in accordance with our Returns and Refunds Policy.
We have made every effort to display accurate colours and images of the products in the shop. However, we cannot guarantee that the colours displayed on your computer screen are accurate.
We reserve the right (although we are not obliged to do so) to restrict the sale of our products or Services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of Products or Services we offer. Product descriptions and prices may be changed at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time. The sale of any product or service through this site is void where prohibited.
SECTION – 7ACCURACY OF BILLING INFORMATION
We reserve the right to refuse any order received. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed from the same customer account, with the same credit card, and/or orders using the same billing and/or shipping address. If you change or cancel an order, we may attempt to notify you via the email address, billing address, or phone number provided at the time of order.
You agree to provide current, complete and accurate purchase information for all purchases made in our shop.
For more information, please see our Refunds and Returns Policy.
SECTION 8 – DEFINITION OF THE ORDER
By sending an online order, the Customer transmits a proposal to purchase the product and/or products placed in the shopping cart. When the Customer places an online order for the products he or she has placed in the shopping cart, he or she agrees to purchase them at the price and under the terms indicated in these Terms and Conditions.
SECTION 9 – METHOD OF PURCHASE
The customer buys the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein, plus the delivery costs specified on the site.
SECTION 10 – METHODS OF PAYMENT
The customer may make the payment due in any of the following ways.
- Payment by credit card, debit card or prepaid card: If the consumer wishes to pay by credit card, debit card or prepaid card, he may use the payment procedure indicated on the site, which is suitable for ensuring the confidentiality of the data provided by the customers.
- Payment by bank transfer: Payment by bank transfer can be made using the following details:
– IBAN IT E84 0 538765690 000000537631- Header: Fochi Carmen
If payment is made by bank transfer, the purchased goods will be shipped in the manner described in the following paragraph “Shipping Methods”, to the address indicated by the customer upon receipt of the credit, then on average within two / five days after making the transfer (the timing varies depending on the credit institution used). To facilitate the process, the payment receipt can be sent by e-mail to: [email protected]
SECTION 11 – SHIPPING METHODS
The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer at the time of the on-line order.
SECTION 12 – COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED
If you submit to us online, by email, regular mail or otherwise certain materials (collectively, “Comments”) – for example, at our request, submissions for participation in contests, or without our request, creative ideas, suggestions, proposals, plans or other materials – you agree that we may at any time and without limitation edit, copy, publish, distribute, translate or otherwise use in any way and by any means the Comments you transmit to us. We do not and will not have any obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We may (without being under any obligation to do so) monitor, edit and remove content that we, in our sole discretion, believe to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or content that violates any party’s intellectual property or these Terms of Service.
You agree to avoid comments that infringe upon the rights of third parties, including copyrights, trademarks, rights of privacy, personality rights, and other real or personal rights. You also agree not to post comments that contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may compromise the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We do not and will not have any liability for any comments posted by you or any third party.
SECTION 13 – PERSONAL INFORMATION
The sending of information and personal data through the site is governed by our Privacy Policy which can be found in the appropriate section.
SECTION – 14ERRORS, INACCURACIES AND OMISSIONS
From time to time, information containing typographical errors, inaccuracies and omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times or product availability may appear on our site or in the Service. We reserve the right to correct any errors, inaccuracies and omissions by amending and updating information or canceling orders if any information on the Service or a related website is inaccurate, at any time (including after you have submitted your order) and without notice.
We assume no obligation to update, correct or clarify any information in the Service or any related website, including without limitation pricing information, except as required by law. No update date specified in the Service or any related website shall be construed as a guarantee that all information in the Service or any related website is correct and up-to-date.
SECTION 15 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms and Conditions of Service, it is prohibited to use the site or its content:
(a) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate international, federal, provincial or state laws and regulations, or local ordinances; (d) to infringe or violate our or any third party’s intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, age, country of origin or disability; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other harmful code that may affect the functionality or operation of the Service, any related websites, other websites or the Internet; (h) to collect or monitor personal information about other users; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to circumvent or defeat the security features of the Service or any related websites, other websites or the internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Use provisions.
SECTION 16 – EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results achieved by using the service are accurate or reliable.
You acknowledge that we may from time to time suspend the service for indefinite periods of time, or cancel the service at any time without notice to you.
You expressly agree that your use and inability to use the service is at your sole risk. The service and all products and services provided through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without representations, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Chiara Marchesini e Fochi Carmen and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind – including without limitation lost profits, lost savings, lost data, replacement costs or other similar damages, whether in contract, tort (including negligence), tort (including negligence), strict liability, or otherwise – arising out of the use of any of the services or products obtained using the service, or for any other claim relating in any way to the use of the service or product, including, without limitation, any errors or omissions in any content, loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of the possibility thereof.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 17 – COMPENSATION
You agree to indemnify, defend and hold harmless Chiara Marchesini e Fochi Carmen and its parent, subsidiaries and affiliated companies, as well as its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 18 – SEPARABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – RESOLUTION
The obligations and responsibilities assumed by the parties prior to the termination date shall survive for all purposes upon termination of this Agreement.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
These Terms of Service shall be effective until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing your use of our site.
In addition, if in our sole discretion you violate or are suspected of violating any provision of these Terms and Conditions of Service, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and we may deny you access to the Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any notices or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).
Any ambiguity in the interpretation of these Terms and Conditions of Service shall not be construed against the writing party.
SECTION – APPLICABLE 21LAW
These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy. This agreement shall be governed by Italian law.
SECTION – 22CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can consult the most up-to-date version of the Terms and Conditions of Service at any time on this page.
We reserve the right in our sole discretion to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION – 23CONTACTS
Any questions regarding the Terms and Conditions of Service should be sent to us at [email protected].
