Legal Notice

1.6

These Terms and Conditions shall be deemed applicable and in force for as long as they are published on the Website. The Company reserves the right to amend these Terms and Conditions at any time at its own discretion. Any amendments to these Terms and Conditions shall be effective as from the date of their publication on the Website and shall apply exclusively to purchase orders placed as from the date of their publication.

1.7

These Terms and Conditions do not govern the provision of services or the sale of Products by parties other than the Company that may be present on the Website through links, banners or other hyperlinks (hereinafter, “Third Party Websites”). The Company does not control and/or monitor Third Party Websites and cannot under any circumstances be held responsible for the content of the pages of Third Party Websites or for any consequences arising from the User’s access to and browsing of such Third Party Websites and/or the execution of e-commerce transactions by Users of the Website on Third Party Websites. .

1.8

The Website may include, use or display content created by third parties, information from public sources and/or links to external websites or web pages operated by third parties (hereinafter, “Third Party Content”). The Company does not control or monitor Third Party Content and accepts no responsibility for the accuracy, security or reliability of Third Party Content. Moreover, it cannot and does not guarantee that such Third Party Content is free of viruses or other features that may damage Users’ data and/or property. The Company shall not be liable to Users for any loss or damage they may incur in connection with the use of any Third Party Content.

2.1

The main characteristics of the Products sold through the Website are indicated on the Website in accordance with current laws and, in particular, the relevant provisions of the Consumer Code.

2.2

Any information, description or specification about the Products provided on the Website, in price lists or catalogues, or in any other advertising or illustrative material prepared by the Company, is for informational purposes only, unless it is expressly identified as binding. The Company adopts the highest photographic standards, so that on the Website the colour rendering of garments is as close as possible to how they appear live. However, the Products offered for sale via the Website may not correspond exactly to the actual items in terms of image and colour due to the Internet browser or monitor used. In particular, the colours of the Products may differ from the actual colours due to the settings of the computer systems or computers used by Users to display them. Product images on the Website may differ in terms of size or accessory products. These images should therefore be considered as indicative and subject to normal tolerances.

2.3

The Company shall make every reasonable effort to provide complete, accurate and up-to-date information about the Products on the Website. However, the material on the Website may contain inaccurate information and/or typographical errors. The Company reserves the right to correct any errors, inaccuracies or omissions and/or to refuse acceptance of a purchase order due to incorrect essential Product information resulting from typographical errors, including an incorrect Product price published on the Website or indicated in the Order Confirmation Email, without prejudice, in any case, to the application of Article 1431 of the Italian Civil Code.

2.4

The Company reserves the right to make any changes it deems appropriate to the Products and their packaging, both from an aesthetic and a functional point of view, always in compliance with applicable legal regulations.

3.1

Registration on the Website is free of charge. To register on the Website, Users need to access the Website’s home page, click on “Create Account” and:

1. (i) fill in the fields of the registration form, entering all the data requested (including but not limited to first name, last name, email address, username and password, and respecting the password creation criteria specified case by case on the Website);
2. (ii) confirm that they have read the Privacy Policy available on the Website and provide any additional consents; and
3. (iii) confirm registration.

Registration on the Website is confirmed by email.

3.2

Login credentials must be stored carefully, may only be used by the User, and may not be passed on to third parties. The User agrees to keep them confidential and to ensure that no third party has access to them. The User agrees to promptly inform the Company if they suspect or become aware of any misuse or unauthorised disclosure thereof, and to hold the Company harmless from any damage, liability or penalty arising from and/or in any way related to the User’s violation of the rules regarding Website registration or the storage of login credentials.

3.3

The User may cancel their account at any time by contacting the Company’s Customer Service.

3.4

The User represents and warrants that the personal information provided when registering on the Website or when purchasing a Product is complete, true and up-to-date. The Company reserves the right to verify, at any time and by any means at its disposal, the information provided, including by requesting appropriate supporting documentation from the User and, in the event of a breach of this Article 3, to close or suspend the User’s account.

3.5

The User represents and warrants that they shall use the Website in compliance with all applicable legal provisions or regulations, refraining from any form of direct and/or indirect use of the Website that is contrary to the law and these Terms and Conditions or infringes the rights of third parties.

3.6

The User agrees to indemnify and hold the Company harmless from any liability, action, cost, charge and/or claim that may arise from the User’s breach of the representations and warranties set out in this Article 3.

4.1

Product purchase orders may be placed through the Website as a registered user or as a guest, i.e. without registering on the Website (hereinafter, “Guest Mode”).

4.2

In accordance with the Consumer Code and Italian Legislative Decree no. 70 of 9 April 2003 (as amended) on e-commerce, the Company informs the User that, to conclude a purchase contract for one or more Products on the Website, either through Website registration or in Guest Mode, the User shall select the Product(s) on the Website, add the Product(s) to the shopping cart, and complete an electronic order form (hereinafter, the “Order Form”), providing all information required to complete the purchase order (including but not limited to personal details, shipping address, an email address for contacting the User, and credit card information if payment is made by credit card). On the checkout page, the User can find a summary of the main characteristics of each Product ordered, the total amount due - consisting of the price of the Product(s) ordered, the delivery charges, if any, and any other additional charges (hereinafter, “the Total Amount Due”) - as well as the payment methods available, the shipping terms of the Product(s) purchased, and the shipping and delivery costs of the Product(s). The User shall transmit the Order Form to the Company, electronically, following the instructions that appear case by case on the Website and that accompany the various purchasing stages.

4.3

The Order Form completed and sent by the User to the Company shall be deemed to be an irrevocable contractual purchase proposal addressed to the Company for the Product(s) included in the said Order Form. A purchase order shall be deemed to have been sent when the Company receives the Order Form duly completed and the information contained therein has been verified as correct. By submitting an Order Form, the User unconditionally accepts and undertakes to comply with the provisions of these Terms and Conditions.

4.4

The Order Form shall be stored in the Company’s database for the time necessary to process the purchase order and, in any case, within the terms of law.

5.1

Once the User’s Order Form has been received by the Company, the latter shall send an automatic email confirming receipt of the purchase order (hereinafter, the “Order Confirmation Email”), containing the order number and a summary of the information relating to the order (including but not limited to information relating to the essential characteristics of the Product(s) purchased, the Total Amount Due, and the terms and conditions for returning the Product(s) purchased). Please note that transmission of the Order Confirmation Email does not constitute acceptance of the order and only serves to confirm receipt of the purchase order and that the order has been submitted to verify the data and availability of the requested Products. The purchase order shall only be deemed to have been accepted by the Company when the latter sends the User confirmation of acceptance of the Order, generally coinciding with the shipment of the Products (hereinafter, the “Shipment Confirmation Email”). The relevant sales contract for the ordered Product(s) (hereinafter, “the Contract”) shall be deemed to have been concluded when the User receives the Shipment Confirmation Email.

5.2

The User acknowledges and accepts that the Company reserves the right to accept the purchase order in whole or in part; consequently, in the event of partial acceptance, the Company shall be entitled to deliver only the Products relating to the part of the purchase order that has been accepted by the Company.

5.3

In the absence of express acceptance of the User’s purchase order and/or if the ordered Products are not shipped within the agreed time frame, the User’s purchase order shall be deemed refused.

5.4

The User shall state the order number provided in the Order Confirmation Email in any future communication with the Company.

5.5

The Contract may be concluded in the following languages: Italian, English, Russian and Chinese.

5.6

The Company reserves the right to change the assortment of Products for sale at any time.

5.7

The Company shall make every reasonable effort to ensure that the prices and other information on the Products shown on the Website are accurate and up to date. However, the inclusion of any Product on the Website does not imply, warrant or guarantee availability should the User wish to place an order to purchase it. Consequently, occasionally, if the Products are not available, the Company may not be able to process the User’s purchase orders. If the Products on the Website are no longer available at the time of the User’s last access and of the Company receiving the Order Form, the Company shall promptly inform the User of the unavailability of the ordered Products. If the Order Form has been submitted and the Total Amount Due for the Product(s) that are no longer available has been paid, the Company shall - without prejudice to any further rights attributed to the User by law - refund the Total Amount Due without undue delay. This amount shall be credited using the same means of payment used by the User for the purchase. Possible crediting delays may depend on the bank, the type of credit card or the payment solution used.

5.8

The User may purchase more than one Product within the same purchase order (“Multiple Order”). However, the Company reserves the right not to accept a Multiple Order if it relates to more than three pieces of the same Product within the same Order. In the event of a violation of these prohibitions or in the case of orders, from any source, that appear unusual in terms of the quantity of Products purchased or the frequency of purchases, the Company reserves the right to take all necessary actions to stop such irregularities, including refusing or cancelling irregular orders. In the case of a Multiple Order, if unavailability concerns only some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the User by law if the unavailability concerns all the Products covered by the purchase order - the Company shall promptly notify the User by email of this circumstance. The User shall therefore be entitled to terminate the Contract immediately, limited to the Product(s) that have become unavailable, without prejudice to any further rights attributed to the User by law. If the User exercises the right of withdrawal in relation to the Product(s) that has/have become unavailable, or in any case where the payment of the Total Amount Due for the Product(s) has already been made, the Company, without prejudice to the rights granted to the User by law, shall refund the Total Amount Due for such Product(s) without undue delay. Cancellation of the entire Multiple Order shall only be possible in the case of the evident and proven accessory nature of the unavailable Product(s) in relation to the other available Products included in the Multiple Order.

5.9

Orders shall not be considered submitted and shall not be processed if there are insufficient solvency guarantees or if the purchase orders are incomplete or incorrect. In these cases, without prejudice to the rights granted to the User by law, the Company shall inform the User by email that the Contract has not been concluded and that the Company has not processed the purchase order, specifying the reasons.

6.1

Unless otherwise agreed in writing between the Company and the User, the sale price of the Products (hereinafter, the “Price”) is the one displayed on the Website at the time the relevant purchase order is submitted, and is understood to include any applicable taxes according to the Country of destination of the Products. The Price of the Products on the Website shall be understood to be net of shipping costs and/or any customs charges, which, unless otherwise agreed, shall be borne entirely by the User. The Total Amount Due, including shipping costs (where applicable) and/or any additional charges, are visible in the order summary during checkout and reported in the Order Confirmation Email. Any discounts or more favourable conditions for the User shall be agreed upon in writing in the contractual documentation formalised between the parties.

6.2

The Company reserves the right to make any changes it deems appropriate to the sale price of the Product(s) indicated on the Website, at any time and without prior notice, without prejudice to the provisions of Article 2.3 of these Terms and Conditions. The sale price of the Product(s) charged to the User is the price displayed on the Website at the time the relevant Order Form is sent. Any price changes (whether increases or decreases) occurring after submission of the purchase order shall not be taken into account.

6.3

The User may only make payments using the methods specified on the Website when placing the purchase order. When paying by Credit/Debit Card, all details (e.g. card number and expiry date) shall be forwarded by encrypted protocol to the bank providing the remote electronic payment service, without third parties being able to access them in any way. This information shall not be used by the Company except to finalise the sale, to issue refunds in the event of returns pursuant to the User’s right of withdrawal, or to report cases of fraud to the police.

6.4

The Total Amount Due for the Product(s) shall be debited when the Company accepts the order transmitted by the User. This normally coincides with the shipment of the Product(s) ordered. However, before the Order is accepted, security checks may be carried out on the payment method selected by the User, including a pre-authorisation or pre-charge for precautionary purposes. In the case of a Multiple Order containing Products with different delivery dates, the Total Due Amount shall be charged in instalments and shall follow the individual shipments.

6.5

Payment of the Total Amount Due for the Products shall be deemed to have been made when the agreed amount becomes available to the Company. It is understood that any bank fees or charges due on account of the payment shall be borne by the User.

6.6

The Products shall remain the property of the Company until the User pays the Total Amount Due. If the Total Amount Due is not paid, or if the payment cannot be successfully completed, the order shall be cancelled. If the Contract has already been concluded, it shall automatically be terminated in accordance with Article 1456 of the Italian Civil Code.

6.7

If the User fails to pay the Total Due Amount, the Company shall be entitled to suspend delivery of the Products and make it conditional on payment of all or part of the Total Due Amount for the Products.

6.8

Any set-off between a User credit and a debt owed to the Company arising in connection with a Contract may only take place in the cases provided for in Articles 1241 et seq. of the Italian Civil Code.

6.9

Any refund of the amounts paid by the User to the Company shall be made using the same payment method used by the User to make the purchase. Refunds shall be processed in the time and manner prescribed by the operator of that payment instrument.

7.1

Products may only be delivered to addresses located in one of the Countries indicated in the list of Shipping Countries available on the Website. The Company shall dispatch the Products only after receiving confirmation that the Total Amount Due from the User has been paid successfully.

7.2

The Company shall deliver the Products within the delivery period specified in the Contract (hereinafter, the “Agreed Delivery Time”) or, in accordance with the provision contained in Art. 61, para. 1, of the Consumer Code, at the latest within 30 days from the date of conclusion of the Contract (“Last Delivery Date”). Products purchased on the Website are delivered to the shipping address stated in the Order Form transmitted by the User. Products are delivered exclusively on working days and by contracted couriers. Shipping costs and any other additional charges related to the Products shall be borne by the User, unless otherwise specified at the time the Contract is concluded.

7.3

The Company may fulfil a single purchase order through multiple partial deliveries, as long as the Products can be used separately. In this case, the Company shall bear the additional shipping costs for such deliveries. In any case, partial delivery shall be deemed valid and shall not entitle the User to refuse the shipment or to obtain compensation or indemnity.

7.4

Fragrances are delivered exclusively via standard shipping and cannot be sent using express or priority methods due to regulations on the transport of hazardous goods (ADR/IATA). The delivery time for fragrances is estimated at 5-7 working days from receiving the Shipment Confirmation Email. If your order includes fragrances along with other Products, the shipment may be handled separately to ensure compliance with regulations regarding flammable items.

7.5

Upon delivering the Products to the courier, the User shall receive a Shipment Confirmation Email, in which the name of the courier used, the estimated delivery time and the tracking code are expressly indicated, enabling the User to constantly track the shipment. The Product shipping date coincides with the date on which the Products are entrusted to the carrier in charge of the delivery.

7.6

If the addressee, or another person authorised to receive the ordered Products at the time of delivery, is unavailable, the courier shall issue a paper notice containing details of the attempted delivery and the codes and contact details to be used to schedule another delivery with the courier. If the courier does not receive alternative instructions from the User, it shall make further delivery attempts. Should these attempts prove unsuccessful, the shipment shall be held in storage. Once the shipment is placed in storage, the Company shall contact the User using the contact details provided during the purchase process, in order to identify and resolve any problems that may have occurred. If the User fails to respond or it is not possible to arrange a new delivery, the Products covered by the order shall be returned to the Company. In this case, the Contract shall be automatically terminated pursuant to Article 1456 of the Italian Civil Code. The Company shall, without undue delay, refund the Total Amount Due by the User for the Products, minus any costs incurred for the unsuccessful delivery, the return of the Products to the Company, and any other expenses borne by the Company as a result of the failed delivery caused by the User’s absence or failure to fulfil the obligation to take delivery.

7.7

The Company subjects its garments and the materials from which they are made to strict quality controls, ensuring they are sold in perfect condition. Moreover, for the greater protection of remote buyers, every single item shipped by the Company is checked before shipment. However, it is up to the User to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Products, due to causes not attributable to the Company, is transferred to the User when the User, or a third party designated by same other than the carrier, materially takes possession of the Products, the User is advised to check the integrity of the packaging and the number of Products received and is invited, where possible, to state on the carrier’s transport document any anomalies. If the Product packaging shows obvious signs of tampering or alteration, the User shall notify Customer Service without undue delay, providing suitable photographic evidence to document the damage to the packaging and/or the Products contained therein. The Company shall refund the Total Amount Due for any Product sold that was damaged during shipment by its courier, provided that:

• the User notified Customer Service in writing of the damage without undue delay, providing suitable photographic evidence to document the damage to the packaging and/or the Products contained therein;
• the User makes the Product in question available to the Company, together with the original packaging;
• the Product has its original, numbered security seal, which must be intact and unremoved, as applied during the pre-shipment quality control.

If even one of the above conditions is not met, the Company shall not refund the Total Amount Due, nor shall it replace the Product. This is without prejudice to the application of the rules on the right of withdrawal and the legal guarantee of conformity.

7.8

If the User receives a Product that was not ordered, they may request its return by contacting Customer Service within fourteen (14) calendar days from the date of delivery of the Product. The Company shall refund the Total Amount Due (including the delivery charges paid at the time of purchase), as well as the return shipping costs (either by providing a prepaid return label to be used with the Company’s approved courier, or by reimbursing the postal return costs incurred by the User).

7.9

The Company reserves the right, at its sole discretion, to make delivery of the ordered Product conditional upon the recipient - or a person authorised by same - signing the proof of delivery provided by the appointed courier. In such cases, no claims for non-delivery shall be accepted if the courier’s documentation confirms delivery to the address specified in the Contract and bears the signature of the User or their authorised representative. In such circumstances, the Company may also use delivery services with restrictions (including, by way of example, “Direct Signature Required”, “Adult Signature”, or collection at an authorised branch). Unless expressly authorised in writing by the Company, delivery without signature (“safe place delivery”) or to persons other than the recipient indicated in the Contract is excluded.

7.10

The Company further reserves the right to reject or cancel fraudulent delivery claims relating to the Products.

8.1

If the purchased Product is not delivered or is delivered later than the Agreed Delivery Time or the Final Delivery Time, the User, pursuant to Art. 61 of the Consumer Code, may invite the Company to make the delivery within an additional time period appropriate to the circumstances (hereinafter, the “Additional Delivery Time pursuant to Art. 61, para. 3, of the Consumer Code”). If this Additional Delivery Time pursuant to Art. 61, para. 3 of the Consumer Code expires without the Products having been delivered to the User, the latter is entitled to terminate the contract (Contract Termination pursuant to Art. 61, para. 3 of the Consumer Code), without prejudice to the right to compensation for damages.

8.2

The User shall not be burdened with the obligation to grant the Company the Additional Delivery Time pursuant to Article 61, para. 3, of the Consumer Code (hereinafter, the “Excluded Cases”) if:

• a) the Company expressly refused to deliver the Products;
• b) compliance with the Agreed Delivery Time is to be regarded as essential, taking into consideration all the circumstances surrounding the conclusion of the Contract;
• c) the User has informed the Company in writing prior to the conclusion of the Contract that delivery by or on a certain date is essential.

In the Excluded Cases, if the User does not receive the Products within the Agreed Delivery Time or Final Delivery Time, they shall be entitled to terminate the Contract immediately, without prejudice to their right to damages (Contract Termination in Excluded Cases).

8.3

The indication of the Additional Delivery Time pursuant to Article 61, para. 3, of the Consumer Code and the notice of Contract Termination pursuant to Article 61, para. 3, of the Consumer Code or of Contract Termination in Excluded Cases, shall be communicated to the Company’s Customer Service.

8.4

In the case of Contract Termination pursuant to Article 61, para. 3, of the Consumer Code or of Contract Termination in Excluded Cases, the Company shall refund the Total Amount Due paid by the User without undue delay, in accordance with Article 6.9 of these Terms and Conditions.

8.5

If Users do not establish the Additional Delivery Time pursuant to Article 61, para. 3, of the Consumer Code or, where applicable, do not avail themselves of Contract Termination pursuant to Article 61, para. 3, of the Consumer Code or of Contract Termination in Excluded Cases, without prejudice to the Users’ right to avail themselves of such remedies and/or any other legal means of protection at any time, the Company undertakes to promptly notify the Users by e-mail of the delivery delay (“Delay Notification E-mail”), simultaneously indicating the new delivery date (“New Delivery Date”).

9.1

The User may exercise the right of withdrawal provided for in Art. 52 of the Consumer Code within 14 (fourteen) calendar days (hereinafter, the “Withdrawal Period”) commencing:

• (i) from the date on which the User or a third party other than the carrier and designated by the User acquires physical possession of the Products, or
• (ii) in the case of a Multiple Order, from the date on which the User or a third party other than the carrier and designated by the User acquires physical possession of the last Product covered by the Multiple Order.

9.2

In this case, before the expiry of the Withdrawal Period, the User shall inform the Company of its decision to exercise its right to withdraw from the Contract. To this end, the User may:

• a) access the relevant section of the Website and use the Return Form available online;
• b) make any alternative explicit declaration of its decision to withdraw from the Contract by contacting the Company’s Customer Service.

Upon completion of the aforementioned procedure, the Company shall promptly send the User confirmation of receipt of the exercise of withdrawal, on a durable medium.

9.3

Once the right of withdrawal has been exercised, the User shall return the Products to the Company, without undue delay and in any event within no more than 14 (fourteen) calendar days from the date on which the User notified the Company of its decision to withdraw from the Contract. The User is entitled to return the Product(s):

• (i) using the free return service made available by the Company, following the procedure set out in this Article 9.3(i) and the instructions contained in the return authorisation email (“Prepaid Return”). In this case, the User shall receive a return label for the Product(s) and shall hand over the Product(s) to be returned to the courier appointed by the Company, after affixing the printed return label to the package to be collected. The User may contact the courier to arrange the date and place of collection. For returns made through the Prepaid Return procedure, the User shall not pay the cost of returning the Product(s), which shall be borne by the Company, and shall not bear the risk of loss or damage of the Product(s) during shipment; or
• (ii) by using the free Label-Free return service (currently available exclusively for orders delivered within the United States), following the instructions provided in the return authorization email. In this case, the User may use the QR code received in the return confirmation email to (i) schedule a home pickup through the courier’s portal made available by the Company, or (ii) drop off the Product(s) at a courier location, where the return label will be printed automatically upon presentation of the QR code. When the return is made through the Label-Free procedure, the User will not bear any return shipping costs, which will be covered by the Company, nor any risk of loss or damage to the Product(s) during shipment; or
• (iii) returning the Product(s) to the Company independently, following the instructions provided to the User on the Website prior to concluding the Contract; in this case, the costs of returning the Product(s), as well as the risks of loss of and/or damage to the Product(s), shall be borne by the User.

9.4

The User is required to return the Products in the condition they were received, in accordance with the applicable regulations on the right of withdrawal. In particular, for the purpose of accepting returns:

• i products shall not be used, worn or damaged;
• identification labels and guarantee seals shall still be attached and intact;
• fragrances and cosmetic products shall be returned in their unopened, sealed, original packaging;
• products shall be packed carefully, so as to protect the original packaging from damage, writing or labels;
• the User shall return the Products without undue delay and in any event within no more than 14 (fourteen) days from the date on which the User notified the Company of its decision to withdraw from the Contract.

Once received, the Products shall be subject to quality controls by the Company to verify compliance with the above conditions. Only in the event of a positive outcome will the return be accepted and the refund processed.

9.5

If the exercised right of withdrawal meets the above conditions, the Total Amount Due (excluding any additional costs arising from the User’s choice of means of delivery over and above the least expensive means of standard delivery offered by the Company) shall be refunded as soon as possible and, in any case, within fourteen (14) calendar days from the date on which the Company was informed of the User’s decision to withdraw from the Contract. In any case, the Company reserves the right to withhold the refund of the Total Amount Due for the Product(s) until it has received the Product(s) back or until the User provides proof of having returned the Product(s), in accordance with the provisions of the Consumer Code.

9.6

In the event of partial withdrawal from Multiple Orders, the Company shall not refund the delivery costs, in view of the fact that the delivery costs incurred by the User (which are calculated as a fixed amount, regardless of the number of Products ordered) are attributable to the delivery of Products other than those for which the User has exercised the right of withdrawal and which form part of the same Multiple Order.

9.7

If the right of withdrawal is not exercised in accordance with applicable law and/or these Terms and Conditions, the Contract shall not be deemed terminated and the User shall not be entitled to any refund. The Company shall notify the User in this regard and reject the request for withdrawal. The Product(s), if already received by the Company, shall remain at the disposal of the User for collection, which shall take place at the User’s own expense and responsibility. In particular, the User shall only be liable for any diminution in value of the Product resulting from any handling of the Product other than as necessary to establish the nature, characteristics and functioning of the Product (hereinafter, “Non-Compliant Handling”). If one or more Products returned by the User are damaged, incomplete or deteriorated as a result of Non-Compliant Handling, the Company shall be entitled to deduct from the refund of the Total Amount Due for the Product an amount corresponding to the decrease in value of the Product resulting from the Non-Compliant Handling. If, on the other hand, the Product returned by the User is found to have no commercial value as a result of Non-Compliant Handling, the User shall not be entitled to a refund.

9.8

The right of return referred to in this Article 9 shall not apply to:

• Sealed Products from which the User has removed the seal following delivery, where the return of such Products is not appropriate for reasons of health or hygiene;
• Products made according to the User’s specifications or clearly customised;
• Products that have become inseparably mixed with other articles after delivery;
• Products explicitly indicated as not subject to return or exchange at checkout during the purchase process.

10.1

With regard to guarantees of conformity for purchased Products, the Products sold on the Website are covered by the legal guarantee of conformity provided for under Articles 128 et seq. of the Consumer Code (hereinafter, the “Legal Guarantee”). The Company shall be liable to the User for any non-conformity existing at the time of delivery of the Product that becomes apparent within 2 (two) years from the date of delivery.

10.2

The User has a period of twenty-six (26) months from the date of delivery of the Product to claim any lack of conformity. Unless proven otherwise, any lack of conformity that becomes apparent within one year from delivery of the Product shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the Product or the nature of the defect. From the thirteenth month after delivery of the Product, it is the User’s responsibility to prove that the lack of conformity already existed at the time of delivery. To benefit from the Legal Guarantee, the User is required to provide proof of the date of purchase and of delivery of the Product.

10.3

If a Product purchased on the Website shows what may be a lack of conformity during the validity period of the Legal Guarantee, the User shall contact Customer Service. The Company shall promptly respond to the notice of the alleged defect and shall inform the User of the specific procedure to follow for returning the defective Product and/or for arranging the collection of the Product by a courier appointed by the Company.

10.4

The Company shall examine all Products returned as damaged or defective. In the event of a duly reported lack of conformity, and once the Company has accepted the damaged or defective goods, the User shall be entitled to:

10.5

The User shall not be entitled to terminate the Contract if the lack of conformity is minor. The burden of proof regarding the minor nature of the defect lies with the Company.

10.6

If, after collecting the Product, the Company verifies that the reported lack of conformity actually exists, any cost for returning, repairing or replacing the Product shall be borne by the Company.

10.7

In the event of Contract termination due to a lack of conformity, the Company shall refund the User the Total Amount Due, as well as any return shipping costs incurred by the User.

10.8

The User acknowledges and agrees that the Legal Guarantee does not cover defects or damage resulting from accidental events, the User’s own responsibility, misuse of the Products, or normal wear and tear.

11.1

For any information or complaint, and for any communication relating to the Terms and Conditions, orders and/or Products, the User may contact Customer Service using one of the methods indicated in the “Contact Us” section on the Website;

11.2

It is hereby clarified that, should the User decide to use any channel or form of communication other than as described above, the Company shall in no event be obliged to reimburse any related expenses incurred by the User.

12.1

The Company shall not be liable for not fulfilling its contractual obligations, nor shall it be obliged to indemnify any damages, if the non-fulfilment depends on force majeure causes (such as, by way of example, strikes, armed conflicts, interference by military and civil authorities, terrorist acts, uprisings, riots, sabotage, natural disasters, embargoes, accidental or intentional fires, unusual or unforeseeable increases in prices, power outages, unavailability of Products, delays in delivery of raw materials), i.e. events beyond the Company’s control that exceed the limits of foreseeability and control reasonably attributable to the Company, including cases of sanctions or trade restrictions or other regulations prohibiting the delivery of Products to the User.

12.2

Whenever the performance of a Contract is rendered impossible or more onerous for the Company due to an event of force majeure, the Company shall be entitled to suspend the performance of its contractual obligations for the duration of the event, notifying the User within 7 (seven) days of the occurrence thereof.

12.3

If the cause of force majeure persists for more than 15 (fifteen) days, the User shall have the right to cancel the order placed by contacting Customer Service and, in this case, the Company shall refund any sums already paid by the User to the Company in respect of the cancelled order in accordance with Article 6.9 of these Terms and Conditions, without the User being due, as a result of the cancellation of the order, any compensation, indemnity, refund or sum of any other nature.

13.1

The Company is the exclusive owner of all trademarks, copyrights, database rights, intellectual property rights and any other rights over components of the Website. All the Website Content, including but not limited to data, news, information, static and/or dynamic images, audio, illustrations, software, hardware, formulas, algorithms, databases, charts, designs, trademarks, domain names, and/or other intellectual and/or industrial property rights, is owned by the Company or subject to an exclusive license in favour of the Company. All the Website Content is protected by copyright pursuant to Italian Law No. 633 of 22 April 1941, as amended by Legislative Decree No. 169 of 6 May 1999, as well as by any other applicable legislation on the protection of intellectual property.

13.2

Without the prior written consent of the Company, it is forbidden to copy, modify, alter, publish, disseminate, distribute, sell or transfer, in whole or in part, any content of the Website or its software or any other file contained therein and/or to link to the Website from another site.

13.3

The Company is the sole and exclusive owner of the “Stefano Ricci” trademarks and their related variations (hereinafter, jointly or severally, the “Trademark”), as well as of all intellectual and/or industrial property rights relating to, arising from, and/or otherwise connected with the Trademark, the products bearing the Trademark, and/or the Company and/or its business in general (hereinafter, collectively, the “IP Rights”).

13.4

It is strictly forbidden to claim any ownership, license, or other rights over the Trademark and/or the other IP Rights, as well as to use, copy, reproduce, republish, upload, forward, transmit, distribute, or otherwise modify the Trademark and/or the IP Rights in any manner without the prior written consent of the Company. It is also forbidden to use the Trademark and/or any of the other IP Rights on any other website or networked computer environment, and/or to store and/or reproduce the Website (or any part thereof) on any external website, or to create hyperlinks or page links between the Website and any other website.

14.1

The Company makes no warranty whatsoever that the information contained on this Website is accurate, complete or up to date, that the Website is free from defects, or that any such defects shall be corrected. The Company shall make every reasonable effort to provide complete, accurate and up-to-date information on the Website. However, since it is not possible to guarantee that a website is entirely free of human or technical errors, the material published on this Website may contain inaccuracies or typographical errors. The Company declines all liability for any loss or damage arising from, or in connection with, the reliance by Users of the Website on the information contained therein. The Company reserves the right to correct any errors, inaccuracies or omissions and/or to modify or update the information contained on the Website at any time.

14.2

The Company provides this Website without any warranty as to its continuity or its contents. In particular, the Company makes no express or implied warranty with respect to the Website and its contents, including but not limited to ownership of the information contained therein, the absence of potentially harmful programs (such as viruses, worms or trojan horses), or the suitability of the contents for specific purposes or commercial uses. The Company shall in no event be liable for any direct, indirect, special or general damages of any kind, whether or not the Company was aware of the possibility that such damages might occur in connection with the use of this Website. Where the exclusion of implied warranties is not permitted under applicable law, the above exclusions may not apply in whole or in part.

14.3

The Company shall not, under any circumstances, be held liable - whether contractually or non-contractually - for any direct or indirect, actual or potential, specific or general damages arising from the use, inability to use, and/or performance of any Product, information or content made available on the Website, regardless of whether the Company was aware of the possibility of such damages. As some jurisdictions do not allow the exclusion or limitation of liability for direct or indirect damages, certain of the above limitations may not apply.

14.4

By accessing the Website, the User undertakes to indemnify, hold harmless and defend the Company, its subsidiaries and affiliates, as well as its employees, directors and shareholders, from and against any and all third-party claims, damages, losses, costs or expenses (including reasonable legal and court expenses) arising from or in connection with the User’s use of the Website.

15.1

With specific reference to the personal data that may be collected and/or processed for the purpose of selling Products through the Website, the User is invited to read the Privacy Policy and the Cookie Policy.

16.1

These Terms and Conditions are governed by Italian law (excluding the rules of private international law). The application of any mandatory and more favourable provisions under the law of the Country where the User has their habitual residence or has elected domicile shall remain unaffected, if the User does not habitually reside in Italy.

16.2

Any dispute arising between the Parties concerning the validity, application or interpretation of these Terms and Conditions shall be submitted to the Court of the place where the User resides or has elected domicile.

16.3

Pursuant to Article 141-sexies, para. 3 of the Consumer Code, the Company informs the User that, if the latter has submitted a complaint directly to the Company and it has not been possible to resolve the dispute, the Company shall provide information regarding the Alternative Dispute Resolution body or bodies (ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code) competent for the out-of-court settlement of disputes relating to obligations arising from a Contract concluded under these Terms and Conditions, specifying whether or not it intends to make use of such bodies to resolve the dispute.

16.4

In any case, the User’s right to bring an action before the competent ordinary court for any dispute arising from these Terms and Conditions remains unaffected, regardless of the outcome of any out-of-court settlement procedure. The User also retains the right, where applicable, to initiate an out-of-court dispute resolution procedure concerning consumer relations pursuant to Part V, Title II-bis of the Consumer Code.

17.1

Failure by the Company to exercise, in whole or in part, any of the rights provided for in these Terms and Conditions shall not constitute acquiescence, nor shall it imply a waiver of such rights.

17.2

The invalidity or unenforceability of any of the provisions of these Terms and Conditions, in whole or in part, shall not affect the validity of the remaining provisions herein. The Company and the User shall, where and to the extent possible, replace any invalid provisions with valid ones having equivalent or similar content.

17.3

The Italian-language version of these Terms and Conditions, even if translated into other languages, shall be deemed the only authentic text for the purpose of interpretation.