General Terms and Conditions of Sales
Terms and conditions of service
GENERAL CONDITIONS
1. INTRODUCTION
This document (together with the documents referred to herein) contains the terms and conditions governing the use of this website www.chiaraferragnibrand.com (hereinafter, the "Website") and the purchase of items contained therein (hereinafter, the "Terms and Conditions").
Please read these Terms carefully, including any additional terms and conditions, the Cookie Policy, and the Personal Data Protection or Privacy Policies referred to in this document and/or available via hyperlink (hereinafter collectively referred to as the "Data Protection Policies" or "Privacy Policies"), before using this Website. Please note that by using this Website or placing an order through it, you agree to the Terms and the related Data Protection Policies, so if you do not agree to all of the above Terms and Data Protection Policies, you may not access the Website or use any services.
These Terms and Conditions and Data Protection Policies apply to all users of the site, including, but not limited to, users who are browsers, suppliers, customers, merchants, and/or content contributors.
For any requests, concerns, or questions regarding the Terms and Conditions and Data Protection Policies, please contact us at our email address info@chiaraferragnibrand.shop .
Any new features or tools added to the current store will also be subject to the Terms. You can review the most current version of the Terms at any time on this page.
2. SELLER INFORMATION
The products on the Site are owned by Fenice s.r.l., with registered office in Piazza Cavour 3, 20121 Milan, Italy, tax code and VAT number 08042190960 (hereinafter also referred to as the "Seller"), contact details available in the "contact" section of this site.
The online site is managed on behalf of Fenice by Vivaio Ventures S.r.l., with registered office in Via Nerino 3, 20123 Milan, Italy, tax code and VAT number 12352160969.
3. PERSONAL INFORMATION AND ACCESS TO OUR WEBSITE
The information or personal data provided by the user will be processed in accordance with the Data Protection Policies or Privacy Policies. By using the Website, the user authorizes us to process such information and personal data and declares that all information and/or personal data provided is accurate and truthful.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material provided on this Website is at your own risk.
4. USE OF OUR WEBSITE
By using the Website and/or placing orders through it, you agree to:
(i) use the Website solely to make legally valid inquiries or orders;
(ii) not place false or fraudulent orders, or violate any laws in your jurisdiction (including, but not limited to, copyright laws). If we have reasonable grounds to believe that such an order has been placed, this will result in the immediate termination of services and the relevant authorities will be notified;
(iii) provide us with your email address, postal address, and/or other personal data in a truthful and accurate manner. Similarly, you consent to our use of this information to contact you for purposes related to the service requested and specified in the Privacy Policy.
If you do not provide all the information requested, we will not be able to complete your order.
By placing an order through this Website, you guarantee that you are of legal age (18 years or older), have full capacity to act, and have the legal authority to enter into binding contracts, or that you have given your consent for any of your dependents to use this site. The Seller shall in no case be required to verify the capacity to act of users and customers of the Website. If it emerges that a user/customer who does not have the necessary capacity to act (e.g., because they are a minor) has placed an order on the Website, the Seller may refuse to accept and/or fulfill the order, without prejudice to the responsibility of the parents and/or legal guardians for the order and its payment.
The Website is hosted by Shopify. Shopify provides the online e-commerce platform that allows us to sell our products and services and manages the related payments.
5. SERVICE AVAILABILITY
The items offered through this Website are available exclusively in the countries listed in the "shipping" section of the Website, which the user is required to check before placing an order.
6. CONTRACT CONCLUSION
The contract between the customer and the Seller is concluded exclusively via the Internet in remote electronic form, through the Customer's access to the Website, where, following the procedures indicated, the purchase of the products is formalized. The Customer is aware that in order to access the Website, it is necessary to have an Internet connection, the costs of which are borne by the Customer, according to the terms established by their connectivity provider.
The information contained in these Terms and Conditions and the details contained on this Website do not constitute an offer to the public, but merely an invitation to submit a contractual proposal. No contract shall exist between you and us in relation to any products until your order has been explicitly accepted by us. If your proposal is not accepted and you have already been charged, the amount will be refunded in full.
To place an order, you must follow the online purchase process by selecting the product, adding it to the online shopping cart on the website, and proceeding with payment. By submitting your order request, you acknowledge that you have read and accepted these Terms and Conditions and the Privacy Policy, which you accept by clicking on the appropriate box.
Before finally submitting the order, the Customer is invited to check the contents of the cart, their details, the price of the selected Products, any shipping costs and additional costs, the payment methods and terms, and the address where the products will be delivered, as these details cannot be changed after the order has been submitted.
If the transaction is successful, you will receive an email confirming receipt of your order (the "Order Confirmation"). Please note that this does not constitute acceptance of your order, as it is an offer you make to us to purchase one or more products, and we therefore reserve the right to refuse the order. Once your order has been approved, you will be notified by email that your order is being shipped (the "Shipping Confirmation"), during which time it can be tracked. The details of the order will be summarized in the attached electronic receipt. The contract for the purchase of a product between us and you (the "Contract") will only be concluded when you receive the Shipping Confirmation that we will send you.
Only the products listed in the Shipping Confirmation will form the subject matter of the Contract. We will not be obliged to supply you with any other product that has not been ordered until it is confirmed in the Shipping Confirmation that such product has been shipped.
All product orders are subject to availability. If there are supply problems or items are out of stock, we reserve the right to provide you with information about replacement products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, any amounts already paid by you will be promptly refunded.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this Website at any time and/or to delete or modify any material or content on this Website. Although we will always do our best to fulfill all orders, exceptional circumstances may arise that require us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time. We shall not be liable to you or any third party for the removal of any product from this Website, the deletion or modification of any material or content on the Website, or for not processing your order after sending the Order Confirmation.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, retailers, or distributors.
Without prejudice to the provisions of Article 7, except in extraordinary circumstances, we undertake to do everything in our power to ship the order for the product(s) indicated in the relevant Shipping Confirmation by the date specified therein. If no delivery date is specified, we will do our best to deliver the order within the estimated time frame at the time of purchase, simultaneously with the selection of the delivery method and, in any case, within a maximum of 30 days from the date of the Order Confirmation.
However, delays may occur for various reasons, such as product customization, unforeseen circumstances, or the delivery area.
If for any reason we are unable to meet the delivery terms, we will inform you and give you the option to continue with the purchase by setting a new delivery date, or to cancel the order, with a full refund of the amount paid.
For the purposes of these Terms and Conditions, "delivery" shall be deemed to have taken place or the order "delivered" upon acquisition, by you or a third party designated by you, of physical possession or control of the products, which shall be evidenced by signing the receipt of the order at the agreed shipping address. If, upon delivery by the courier, the Customer notices any anomalies in the package (e.g., torn, wet, or dented cardboard, or the sound of broken ceramics), they may refuse the package or accept the delivery with justified reservation, specifying the reason on the waybill or on the courier's handheld device. If we are unable to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
If delivery cannot take place for reasons beyond our control, we will also contact you by email and/or SMS, and if, 30 days after the date on which your order is available for delivery, the order has not been collected and/or you have refused collection, we will assume that the order is to be considered abandoned . For further information, please contact us using the contact details provided in this document and/or on our Website.
10. PRE-ORDERS AND MIXED ORDERS
Through this Website, where applicable, you can pre-order certain products, to which all these general terms and conditions of purchase apply. Please note that, in general, the estimated delivery time for your pre-order may be longer than for a normal order, subject to a maximum of 30 days from the date of Order Confirmation. Orders containing pre-order products ("Mixed Orders") may be delivered in several shipments; therefore, you may receive the products in Mixed Orders separately at different times, for which individual Shipping Confirmations will be sent. Please note that in the event of a return, the period granted to you begins from the physical acquisition of each product, taking into account the relevant Shipping Confirmation, in accordance with Article 14.
11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products shall pass to you upon delivery.
You will acquire ownership of the products upon delivery (as defined in Article 9 above).
12. PRICE AND PAYMENT
The price of the products will be as indicated on our Website from time to time, except where there is an obvious error. Although we make every effort to ensure that all prices appearing on the website are correct, errors may occur. If we find any errors in the price of the products you have ordered, we will inform you promptly and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, your order will be canceled, and you will be refunded the full amount paid. If the errors relate to product descriptions, promotions, offers, shipping costs, transit times, and availability, we reserve the right to correct, update the information, or cancel orders due to inaccurate information at any time.
We will not be obliged to supply you with the product(s) at the lower price incorrectly quoted (even if we have already sent you the Shipping Confirmation) if the pricing error is obvious and unmistakable, making it reasonably recognizable as such by you.
Prices on the Website are expressed in euros and include VAT, but exclude shipping costs, which must be added to the total amount payable, calculated on a fixed basis or in relation to the destination.
Prices may vary at any time; however, such changes will not affect orders for which we have already sent an Order Confirmation (except as previously stated).
You can pay by credit card, debit card, Apple Pay, Google Pay, PayPal, or Klarna. By proceeding with the purchase, you confirm that the credit card is yours.
To reduce the risk of unauthorized access, your card details will be encrypted and managed using appropriate security measures by Shopify Inc, including through Apple Pay, Google Pay, or PayPal services. The payment process is carried out via a secure connection directly linked to the bank or online payment service provider, which the Seller cannot access.
Once we receive your order, we will pre-authorize your credit card to ensure that you have sufficient funds to complete the transaction. Your card will be charged when the payment is successful. If you choose PayPal as your payment method, your card will be charged when you confirm your order.
Credit cards will be subject to verification and authorization by the card issuer, but if the payment is not authorized by the issuer, we will not be responsible for any delay or non-delivery and will not be able to complete any Contract with you.
13. VAT AND INVOICING
In accordance with current legislation, all purchases made through the Website will be subject to Value Added Tax (VAT).
If the Customer requires a purchase invoice, they must notify the Seller at the time of ordering, specifically in the shopping cart procedure by clicking on the "Request Invoice for my order" button, or by sending an email to info@chiaraferragnibrand.shop with the subject line "request for invoice," in which they must indicate all the tax information necessary to proceed, for the accuracy of which they will be solely responsible. The invoice will be issued by Fenice in electronic format and sent via the electronic channel indicated by the Customer.
If you enter the Contract as a consumer, you have the right to withdraw from the Contract within 14 days of delivery of the products, without having to provide any reason. This withdrawal period starts from the day on which you, or a third party other than the carrier and designated by you, acquire physical possession of the goods. To exercise your right of withdrawal, you must inform us by writing to info@chiaraferragnibrand.shop. To exercise this right, you simply need to send us notification of your intention to withdraw from the Contract before the expiry of the withdrawal period.
If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), net of the return shipping costs, which will be at your expense, without undue delay and in any case no later than 14 days from receipt of the goods, after verification and acceptance of the return by the warehouse. The refund will be made using the same means of payment you used for the initial transaction.
Please return the goods promptly and no later than 14 days after notification of your decision to withdraw from the Contract. To meet the deadline, you must return the goods before the expiry of the 14-day period.
The Customer is responsible for any decrease in the value of the goods resulting from handling the product in a manner other than that necessary to establish the nature, characteristics, and functioning of the goods, in accordance with Article 57, paragraph 2, of the Consumer Code.
Furthermore, you may not exercise the right of withdrawal from the Contract that has as its object the supply of one or more of the following products:
▪ Personalized items;
▪ Sealed goods that cannot be returned for hygiene reasons and have been opened after delivery.
Your right to withdraw from the Contract applies only to products returned in the same condition in which you received them. Please note that, in the event of a return, you are responsible for the contents of the returned package.
No refund will be made, regardless of the return options chosen, if:
i) the package received contains an incorrect item and/or an item different from the product ordered or to be returned,
ii) the product has been used beyond simply opening it,
iii) the products are not in the same condition in which they were delivered or if they have been damaged.
We therefore invite you to pay attention during the return process and to take care of the products while they are in your possession and availability. Please return the item using or including in the package the original packaging, instructions, and other documents, if any, accompanying the products.
If there is an error in the contents of the returned package, we reserve the right to charge you for the shipping costs if it is possible to handle and return the package to you.
If you believe that the product does not comply with the Contract at the time of delivery, you must immediately contact us via the email address provided on our Website, providing us with the product details and the damage suffered, and we will inform you of the procedure to follow.
If, upon delivery by the courier, you notice signs of damage to the package (e.g., torn, wet, or dented cardboard, or the sound of broken ceramics), you may refuse the package, which will then be returned to the sender, with a full refund of any amounts you may have already paid. If you accept delivery with justified reservation, you must report the condition of the package if damage to the contents is confirmed after opening the package.
To allow us to check the item, you must return it to the address indicated in the electronic document received by email together with the Shipping Confirmation. In the event of a lack of conformity of the goods, we will offer you a replacement or a refund (as applicable), unless you request otherwise, provided that this is objectively possible and/or not excessively burdensome for us in accordance with applicable law. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days of the date on which we confirmed that we will proceed with the refund or replacement of the unsuitable item, at no cost to you.
The amount paid for products that are returned due to damage or defect, if they actually exist, will be refunded in full, including the delivery costs incurred for sending the item and for its return by you, provided that the product has not been used and damaged due to use. The refund will be made using the payment method used to make the purchase, unless otherwise agreed.
All rights granted to consumers by current legislation remain unaffected.
15. LEGAL WARRANTY
The products sold through this Website are covered by the mandatory legal warranty provided by law in favor of consumers, to cover any lack of conformity existing at the time of delivery of the goods. The legal warranty covers any lack of conformity existing at the time of delivery of the goods or which becomes apparent within two years of delivery.
A lack of conformity exists, for example, if the product you have purchased:
(i) does not correspond to the description provided and does not possess the qualities presented on this Website;
(ii) is not suitable for the use for which products of the same type are normally intended;
(iii) does not have the qualities and characteristics that can reasonably be expected, considering the nature of the goods and, where applicable, the specific characteristics presented.
Within the limits provided for by law, we exclude all additional and derogable warranties, except those that cannot be legitimately excluded in relation to consumers and users. In the event of a lack of conformity, in the cases and under the terms provided for by applicable law, you are entitled to have the goods brought into conformity, if possible, or to the remedies provided for, at no cost to you.
If you believe that one or more products purchased are not in conformity, please contact us at the references indicated on our Website and remember that you must make the goods available to us.
Please note that the following are not considered lack of conformity:
(i) product characteristics imposed by a mandatory legal provision or binding measure;
(ii) defects due exclusively to the improper and/or incorrect use of the products, to external causes (e.g., impacts, falls, etc.), to carelessness, and to misuse;
(iii) minor imperfections related to the nature of entirely handmade and handcrafted products.
The cosmetic products sold through the Website comply with Regulation (EC) 1223/2009 and applicable national legislation on cosmetics. All mandatory information (list of ingredients - INCI, batch number, minimum shelf life or period of use after opening - PAO, any specific warnings) is provided on the original packaging.
The user is required to carefully read the information on the labels and packaging before use and to follow the instructions and warnings.
For hygiene and health reasons, the right of withdrawal does not apply to cosmetic products that have been opened after delivery, as indicated in the "Return Policy" section.
Beauty accessories (e.g., brushes, sponges, makeup tools) are considered general consumer goods and are covered by the 24-month legal warranty of conformity pursuant to Articles 128 et seq. of the Consumer Code.
16. LIABILITY AND DISCLAIMER
Unless otherwise provided in these Terms and Conditions, our liability in relation to products purchased on our Website shall be limited exclusively to the purchase price of the product in question.
Notwithstanding the above, our liability is not excluded or limited in the following cases:
▪ Cases of death or personal injury resulting from our negligence;
▪ Cases of fraud or fraudulent activity; or
▪ Any circumstances where it would be illegal or unlawful for us to exclude, limit, or attempt to limit or exclude our liability.
Subject to the provisions of the previous paragraph and to the extent permitted by applicable law, and unless otherwise provided in these Terms and Conditions, you expressly agree that your use or inability to use the products is at your sole risk, and we will not accept any liability for direct or indirect damages, such as, by way of example:
▪ loss of profits;
▪ loss of business;
▪ loss of earnings or loss of contracts;
▪ loss of anticipated savings;
▪ loss of data; and
▪ waste of office administration time.
The Seller expressly excludes any liability, whether contractual or extra-contractual, for direct or indirect damage to persons and/or property resulting from the non-delivery of the order due to non-payment by the Customer.
The Seller assumes no responsibility for any fraudulent or illegal use by third parties of credit cards, checks, and other means of payment used by the Customer when paying for the products, if it can prove that it has taken all possible precautions based on the best knowledge and experience available at the time and based on the ordinary diligence required. In particular, it should be noted that the Seller is not able to know the Customer's credit card number at any time during the purchase process, as the data used for payment is transmitted directly to the service provider via a secure connection.
By proceeding with the purchase, you agree that you have read and are aware of the materials used in the manufacture of our products and assume responsibility for any allergic reactions resulting from them.
Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this Website, unless expressly stated otherwise. These provisions do not in any way limit the rights granted to consumers by current legislation.
17. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights in the Website and the products sold, including, but not limited to, trademarks, logos, texts, drawings, photographs, images, designs, video and/or audio material, and any other material contained on the Website itself, are the exclusive property of the Website and those who have granted us a license for their use. All content is made available to the user/customer exclusively for personal and non-commercial use. You may use such materials only in the manner expressly authorized by us or by those who have granted us a license for their use. This shall not prevent you from using the Website to the extent necessary to copy information about your order or contact details.
Any use of trademarks, logos, text, photographs, images, and in general any content of the Website by the user/customer that has not been previously authorized by the Seller is strictly prohibited and constitutes a violation of the intellectual property rights of the Owner, who reserves the right to take action to obtain compensation for damages suffered in any case of violation of its intellectual property rights.
18. VIRUSES, PIRACY, AND OTHER RISKS OF COMPUTER ATTACKS – PROHIBITIONS FOR THE USER
You must avoid any misuse of this site and the introduction of viruses, Trojan horses, worms, logic bombs, or other programs or materials that may cause technological damage. Without authorization, you must not access the Website, the server on which it is hosted, or any other servers, computers, or databases connected to our Website. You agree not to carry out DoS attacks against this Website. Failure to comply with this clause may constitute a violation of applicable law. In the event of non-compliance, we will inform the competent authorities and cooperate with them to identify those responsible for the attack.
Furthermore, in the event of non-compliance with this provision, your authorization to use the Website will be immediately revoked. To the fullest extent permitted by applicable law and in accordance with fundamental consumer rights, we disclaim all liability for any damage or loss resulting from a DoS attack, virus, or other programs or materials that may cause technological damage to your computer, computer equipment, data, or materials as a result of using our Website, downloading content from it, or redirecting you to it.
When using the Website, the user/customer is also expressly prohibited from:
a. enter false and/or invented and/or fictional data when registering and personalizing the account;
b. reproduce, distribute, transmit, adapt, or modify, by any means and in any form, the contents of the Website (including texts, drawings, graphics, information, databases, audio and/or video files, logos, trademarks, etc.) and other elements thereof, unless expressly authorized in writing by the Seller in advance;
c. use the materials, ideas, images, format, and scripts of the Website to create similar or derivative products;
d. refer to the Website and/or the Seller, including partners and collaborators, in an aggressive, disparaging, offensive, or vulgar manner on social networks or through any other means of public dissemination, reporting untrue and defamatory opinions about the Website, the products, and/or the Seller's collaborators or partners;
e. use tools, software, or scripts associated with the Website in any unauthorized manner;
f. publish, send by email or transmit by any other means content that is unlawful, harmful, abusive, harassing, harmful, defamatory, vulgar, obscene, indecent, invasive of another's privacy, unpleasant, offensive or reprehensible from a racial, ethnic or other point of view;
g. publish, email, or transmit by any other means unsolicited or unauthorized advertising or promotional materials, false information, chain emails and/or letters, or any other form of unauthorized commercial solicitation;
h. publish, email, or transmit by any other means any material containing viruses or other codes, files, or programs designed to destroy, damage, interrupt, or limit the functionality of any software and/or hardware or any electronic telecommunications networks;
i. interfere with or disrupt the operation of the Website or the servers or networks connected to the Website, or violate the requirements, procedures, rules, or regulations of networks connected to the Website;
j. damage or attempt to damage the use of the Website by any user, host or network, including, without limitation, by introducing viruses, deliberately overloading or saturating the server and/or email boxes, or falsifying TCP/IP protocol information or any other information included in the headers of any email message;
k. block, overwrite, modify, or copy parts, graphics, and/or software of the Website or take any action that could impair its functionality;
l. make or attempt to make changes or alterations to any part of the Website;
m. access data not intended for the user or access a server/account that the user is not authorized to access;
n. attempt to ascertain or test the vulnerability of a system or network or attempt to breach security or authentication measures without authorization;
o. impersonate another person and/or unlawfully use third-party accounts without authorization;
p. carry out an activity, or induce another person to carry out an activity, of an unlawful nature or any other activity that may violate the rights of the Seller or any other user;
q. circumvent or attempt to circumvent, disable, or otherwise interfere with any security-related feature of the Website and/or features that prohibit or restrict the use or copying of any content;
r. transmit or transfer, by any means, information or software derived from the Website to foreign countries and/or foreign citizens in violation of any national or international law or regulation;
s. use any material or information contained on the Website for illegal purposes and/or purposes expressly prohibited by these Terms and Conditions and/or by laws, regulations, or third-party rights.
In the event of a violation of one or more of the above prohibitions, the Seller may, at its sole discretion and without notice, prohibit the use of the Website by the author of the violations, by suspending and/or canceling the Account and any orders. Fenice also reserves the right to take action before the competent Authorities to prosecute illegal behavior and violations of these Terms and Conditions, as well as to take action against the perpetrator of the violations to obtain compensation for any damages suffered by the Seller itself, its partners, and collaborators and/or to request indemnification for any claims for compensation from third parties.
The user also undertakes to comply with all national and international rules and procedures relating to online conduct and permissible content, including all applicable laws relating to the transmission of technical data.
19. LINKS FROM OUR WEBSITE
If our website contains links to other pages or third-party materials, these links are provided for informational purposes only, without our control over the content or materials on such pages or sites. Therefore, we disclaim any responsibility for any damage or loss resulting from their use.
20. WRITTEN COMMUNICATIONS
Under applicable law, certain information or communications we send to you must be in writing. By using this Website, you agree that most communications between us will be in electronic form. We will contact you by email or by special notices posted on this Website. By using this electronic means of communication for contractual purposes, you agree that all contracts, notices, information, and other communications sent electronically by us satisfy the legal requirement that such communications be in writing. This provision does not in any way limit the rights guaranteed by applicable law.
If, at our request or without a specific request being made, you send suggestions, proposals, plans, or other materials, whether online, by email, by regular mail, or otherwise (collectively, "comments"), you agree that we may, at our sole discretion and at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you submit to us.
You further agree that your comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, or contain computer viruses or other malware that could affect the operation of the related Website. You may not use a false email address to pretend to be someone other than yourself in order to mislead us or third parties as to the origin of any comments. We assume no responsibility for any comments posted by you or third parties.
21. NOTIFICATIONS
It is preferable that all communications to us be sent via the contacts indicated in this document and on our Website. However, except as specified in Article 20, we reserve the right to send communications to you or to the address provided at the time of ordering. Communications will be considered received and duly notified when they are published on our Website, 24 hours after being sent by email, or three days after the date of dispatch by post to . To prove that a communication has been notified, it will be sufficient to provide evidence that, in the case of a letter, it has been correctly addressed, stamped, and delivered to the postal service, or in the case of an email, that it has been sent to the recipient's email address.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding not only on both parties, but also on our respective successors and those who acquire our rights and obligations. You are prohibited from transferring or assigning the Agreement, as well as any of the rights or obligations arising therefrom, without our prior written consent.
Fenice reserves the right to transfer, assign, subcontract, or freely dispose of the Agreement or the rights and obligations arising therefrom in any way and at any time. It is important to clarify that any transfer, assignment, subcontracting, or other form of disposal of the Contract will have no impact on your rights as a consumer. Furthermore, it will not reduce, limit, or affect in any way the guarantees or responsibilities we offer, either explicitly or implicitly.
23. FORCE MAJEURE
We shall not be liable in any way for any failure or delay in the performance of any of our obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Events"). Force Majeure Events mean any circumstance, event, non-occurrence, omission, or accident beyond the reasonable control of the party; this expression includes, but is not limited to, the following:
▪ strikes, lockouts, or other labor unrest;
▪ fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters,
▪ inability to use public or private telecommunications networks,
▪ internet service disruptions and malfunctions beyond its control,
▪ temporary unavailability of the Website,
▪ acts, decrees, laws, regulations, or restrictions of any government.
▪ any strike, disaster, or accident involving maritime, postal, or other relevant means of transport.
It is understood that the performance of the obligations under this Agreement shall be suspended for the duration of the Force Majeure Events. We shall be granted an extension for the performance of the Agreement equal to the duration of such period. It is understood that, even during Force Majeure Events, we will endeavor to find a solution by which to fulfill our contractual obligations.
24. WAIVER
If, during the performance of the Agreement, we do not explicitly request the complete fulfillment of one of your obligations or those provided for in the General Conditions, this does not mean that we waive such rights or actions, nor that you are exempt from fulfilling your obligations. Our tolerance of any breach on your part does not imply a waiver of our right to react to future breaches. Any waiver by you of any of your obligations under the Contract or the General Terms and Conditions shall only be valid if communicated in writing, in accordance with the provisions of Articles 20 and 21 above.
25. PARTIAL INVALIDITY
If any part of the General Terms and Conditions or the Contract is deemed invalid, unlawful, or unenforceable by the competent authority, that part shall be deemed invalid. However, the other provisions shall fully remain in force permitted by law. Therefore, the invalidity of one clause shall not affect the validity or enforceability of the other remaining provisions.
26. INTEGRITY OF THE AGREEMENT
These General Terms and Conditions, together with all documents expressly referred to in them, constitute the entire agreement between you and us regarding the subject matter of the Agreement and supersede any prior agreement, whether oral or written. We both acknowledge that in entering the Contract, neither you nor we have relied on any representations, undertakings, or promises made by the other party, or on anything said or written during the negotiations leading up to the Contract. We rely solely on what is clearly stated in these Terms. We both have the right to take action to remedy any false statements made by the other party, either orally or in writing, prior to the date of the Agreement, unless such false statements were made fraudulently. The only action permitted will be for breach of the Agreement, as specified in these Terms.
27. RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to update and modify these Terms at any time. The Terms and Conditions in effect at the time of your order will apply, unless a change to the Terms and Conditions or Data Protection Policies is required by law or at the request of a government authority (in which case, the new Terms will also apply to orders already placed).
It is your responsibility to periodically check our Website for any changes. Your continued use of or access to this site or the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.
28. APPLICABLE LAW AND JURISDICTION
The use of our Website and contracts for the purchase of products through it are subject to Italian law. Any dispute arising from the use of the Website or such contracts shall be subject to the jurisdiction of the court of the place of residence or domicile of the consumer, if located in Italy. If you enter into the Contract as a consumer, this clause shall not in any way limit the rights guaranteed to you by law as a consumer.
29. REQUESTS, COMPLAINTS, AND THE EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION WITH CONSUMERS (ODR)
For any comments, suggestions, requests for information, or complaints, please contact us using the customer service channels indicated on our Website. Our customer service team will handle your requests and complaints as quickly as possible and, in any case, within the time limits set by law. If, as a consumer, you believe that your rights have been violated, you can send your complaints to us at info@chiaraferragnibrand.shop to seek an out-of-court settlement of the dispute. In this regard, and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this Website using the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr provided by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.
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By accessing and viewing the general terms and conditions of service and the Website policy, the user declares that they have read, understood, and fully accepted the terms and conditions contained therein. Viewing the policies constitutes explicit acceptance, equivalent to confirmation by selecting the appropriate box "I declare that I have read and agree."
The user undertakes to comply with the policies indicated and acknowledges that continued use of the site implies full acceptance of them:
□ I declare that I have read the Privacy Policy and consent to the processing of my personal data in order to use the services of the Website.
□ I declare that I have read the Policy and consent to the processing of my personal data in order to participate in surveys, subscribe to the Newsletter, or receive commercial and/or promotional communications.
□ I declare that I have read the Policy and consent to the processing of my personal data, preferences, and consumption habits in order to personalize my browsing experience and the commercial communications that will be sent to me.
