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General Terms of Use
The present genaral terms of use (hereinafter: 'General Terms of Use') regulare the access to and the use of the Website: www.fragiacomomilano.com by the user. By accessing and using the Website, user confirms that he has examined and agreed to the General Terms of Use. The mere connection to the Website through any device, the view of the products sold through it, the view of the relevant information and their potential, the use of customer service and communications with Fragiacomo Shop s.r.l. made through the Website itself imply that users are bound without any limitation and condition to the General Terms of Use, the general terms of sale, the terms of the right of withdrawal, to the privacy policy and the cookies. If users do not agree in whole or in part with such terms, they will be required to abandon the Website and refrain from any use of the Website.
Changes to the Terms of Use
1.Fragiacomo Shop s.r.l. may modify or update unilaterally all or part of the legal information regarding the General Terms of Use, the general terms of sale, the terms of the right of withdrawal, the privacy policy and the cookies. Fragiacomo Shop s.r.l. therefore considers it advisable for its users to visit this section regularly. Changes and updates to the General Terms of Use will be notified to users on the Website's homepage as soon as they are adopted and will be binding as soon as they appear on the Site in this section.
Responsibility for the use of this Website
1.Access to and use of the Website, including the display of web pages, communication with Fragiacomo Shop s.r.l., the ability to download product information and purchase of them on the Site, shall be activities carried out by the user solely for personal use unrelated to any commercial, business and professional activity.
2.Access to the Website and its use in any form constitutes activities carried out by users, whether they are simple visitors or buyers, activities for which the users themselves are the solely responsible, and Fragiacomo Shop s.r.l. may not be held liable in any way for the unauthorized use of the Website and its content conforming to the applicable rules by users, save for the liability of Fragiacomo Shop s.r.l. for culpability with intent or serious recklessness.
3.The use of any material downloaded or otherwise obtained through the Website by the user is at the sole discretion and risk of the latter, so any liability for any damage to computer systems or loss of data resulting from the downloading is the responsibility of the user, and user and cannot be claimed from Fragiacomo Shop s.r.l.
4.The user shall be responsible for the custody and proper use of his personal information, including credentials that allow access to confidential services, as well as any damaging or injurious consequences that should result from Fragiacomo Shop s.r.l. or third parties as a result of incorrect use, loss or subtraction of such information.
5.Fragiacomo Shop s.r.l. manages the Website in its own present state of facts and law without any express or implied warranty to the user.
6.Within the limits of the applicable law in force, users are obligated to refrain from actions against Fragiacomo Shop s.r.l. for any possible causes, keeping the latter free from any compensation and damages, including legal fees, which may be caused by the users’ access and or use of the Website in violation of applicable legal provisions, legal notices contained in the Website and/or from the harm to third party rights.
7.Users, whether they are visiting the Website or buying on it, are solely responsible for the incorrect, incomplete, fake or third party information and data communications that were not consented to the transmission of such data by users.
8.Users are solely responsible for the custody and correct use of the information transmitted and Fragiacomo Shop s.r.l. is in no way responsible for any kind of damage or injury to users or third parties arising from misuse, loss or theft of any such information.
9.Purchases of 'Fragiacomo' branded products through the Website entail the obligation for the buyer to register on the Website and to provide complete and correct data to carry out the payment and delivery of the products purchased and for all the tax obligations arising for Fragiacomo Shop s.r.l.
10.Anyone wishing to activate a link to the Website must give prior notice to PEC and obtain written consent through PEC or by Fragiacomo Shop s.r.l. In the absence of such consent, any link to the Website itself and Fragiacomo Shop s.r.l will be forbidden and further steps at relevant authorities will be made to remove them.
11.Fragiacomo Shop s.r.l. takes every precaution to ensure that the Website is comfortable, functional and enjoyable to its users, but it does not guarantee either implicitly or explicitly the continuity and completeness of the Website as well as the absence of any harmful element for user devices, for their data and their sensitivity.
12.Products purchased on the Website are sold directly by Fragiacomo Shop s.r.l. Not necessarily all the products of the 'Fragiacomo' branded collections will be presented or sold on the Website. Purchases made on the Website will be subject to the full terms and conditions of sale.
13.These conditions apply regardless of the device used to visit and make use of the Website.
14.Communications to Fragiacomo Shop s.r.l. related to customer service should be made via e-mail at customercare@fragiacomomilano.com.
Intellectual Property Rights
1.The contents of the Website, including but not limited to works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material in any format, published on the Website, including menus, web pages, graphics, colours, schemes, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions, bank data and software that are part of the Website (hereinafter referred to as the 'Content') are protected by copyright and any other intellectual property right of Fragiacomo Shop s.r.l. Reproduction, in whole or in part, in any form, of the Website and of its Content, is prohibited, without the express written consent of Fragiacomo Shop s.r.l. Fragiacomo Shop s.r.l. has the exclusive right to authorize or prohibit the direct or indirect reproduction, temporary or permanent, in any way or in any way, in whole or in part, of the Website and its Content.
2.As regards to the use of the Website, you are only authorized to view the Website itself and its Content.
3.The users are not authorized to perform any reproduction, on any media, in whole or in part of the Website and its Content. Any act of reproduction shall, from time to time, be authorized by the Manager or, where applicable, by the holders of the rights of each of the works contained on the Website. Such reproduction operations shall in any case be performed for legitimate purposes and with respect to the right of access, author and other intellectual property rights of the Manager and/or his/her dues. The authors of individual works published on the Website at any time have the right to claim the ownership to their works and to oppose any deformation, mutilation or other modification of the works themselves, including any act of damage caused to the works, which is prejudicial to their honour or reputation.
4.The users agree to comply with the copyright of those who publish their works on the Website or in any way cooperate in the creation of any expressive and artistic form intended to be published, including not exclusively on the Website or, where that forms an integral part of it. In addition, the User is under no circumstances authorized to use, in any way and form the Website Content and any single copyrighted work and any other work protected under intellectual property rights.
User Generated Content ('UGC')
1.Any natural person and/or legal person who directly or indirectly (also by sending specific hashtags) has the right to communicate and/or publish or distribute a contribution of its own, of any form or nature and on any support (including but not limited to: images, photographs, videos, sounds, music, texts, writings and works of any kind) by Fragiacomo Shop srl (the 'Grantor'), grants perpetual, irrevocable, non-exclusive, royalty-free, royalty-free right, any right to economic exploitation, including copyright and related rights relating to such contributions relating thereto 'Authorized Contributions'), with sublicense rights. For this purpose the Concession expressly acknowledges Fragiacomo Shop s.r.l.’s indisputable right to use Authorized Contributions, to decide when to use or to remove them, Fragiacomo Shop s.r.l. and its successors being the only legitimate and competent subjects to do so without time limits. These rights are granted all over the world and for any use and economic exploitation. All Authorized Contributions will be considered non-confidential. For the effect, Fragiacomo Shop s.r.l. shall have the right to: use, copy, distribute, reproduce, assign, exploit, modify, process, transform, retain, modify, and/or add, post or replace comments and/or disclose such contributions to any third party purpose and in accordance with the advertising and/or commercial terms and conditions that Fragiacomo Shop srl and/or its attorneys will consider it more appropriate (such as, but not limited to, reproduction and publication of contributions through social channels Facebook, Instagram, brochures, magazines, albums, collections, products, etc., of commercial initiatives). For this purpose, the Grantor also authorizes Fragiacomo Shop s.r.l. and its affiliates to match/bind, directly or indirectly, Authorized Contributions to commercial and promotional initiatives, image and distinctive signs of Fragiacomo Shop s.r.l. and/or its claimants (without prejudice to the moral rights of the Beneficiary). 2.The Grantor guarantees that he has the rights and legal capacity to comply with these General Terms of Use within his jurisdiction and that the contribution is original and exclusive work and that:
- it has not been using any work of third parties without their consent;
- it does not violate or cannot violate any copyright, trademark or other intellectual or industrial property rights of third parties;
- it does not violate or cannot violate in any way rights, assets or personal, third parties, including, amongst other things, any third parties (or those exercising their power) in any way involved in the contribution received any necessary authorization and/or specific consent to the foregoing;
- it does not violate any legal provision, including, but not limited to, the provisions of Law no. 633/1941 and subsequent amendments and additions to Legislative Decree 30/2005 - Industrial Property Code and subsequent amendments and additions to Legislative Decree 196/2003 - Privacy Code;
- it does not distribute materials of obscene, racist, discriminatory nature or otherwise contrary to public order or public morals;
undertaking at the same time to try to avoid raising liability by Fragiacomo Shop s.r.l. and its successors for any case in which one or more of these statements and warranties may prove to be false or inaccurate. Fragiacomo Shop s.r.l. and its successors will also have the right to disclose the identity of the Grantor to any third parties who argue that Authorized Contributions constitute a violation of their intellectual property rights and/or their confidentiality. 3.Fragiacomo Shop s.r.l. and/or its successors will not be held liable for any breach of the rights of the Grantor and/or third parties directly or indirectly deriving from the use, in any form and manner, of Authorized Contributions, in any case, as contractual liability, non-contractual (including, but not limited to, misconduct or breach of law) with respect to:
(i) property damage (including, but not limited to, any emerging damage, loss of revenue, current or anticipated profits , contracts, business, opportunities or expected savings); (ii) loss of reputation; (iii) consequential or indirect damages suffered by the Beneficiary or by a third party.
4.The Grantor agrees to be liable to Fragiacomo Shop s.r.l. and/or its successors, to withhold and detain them from all costs, direct and indirect damages, expenses, losses, including any legal and procedural costs and in respect of any claim and/or any action that can be taken anywhere from third parties, including public authorities, administrative and state organs, because of any dispute arising out of or in any way related to the use of the contribution by Fragiacomo Shop s.r.l. and/or its attorneys and the declarations and warranties provided by the Grantor under these General Terms of Use.
Applicable law and settlement of disputes
These General Terms of Use shall be construed in accordance with and governed by the laws of the Italian Republic, and whenever in conflict all the valid clauses according to the Italian jurisdiction shall remain in force. Consumers who do not have their habitual residence in Italy shall maintain the right to the application of the eventually more favourable and indispensable provisions provided by the law of the country where they reside, including but not limited to the limitation period for the exercise of the right of withdrawal, the time limit for the restitution of the Products, in case exercising these rights, the manner and formality of their communication and the legal compliance guarantees. Any dispute or controversy or difference arising out of or in connection with this Agreement between the Consumers and Fragiacomo s.r.l. shall be settled by negotiations or out-of-court settlement, or otherwise shall be finally settled – where applicable – by C.D. attorney-assisted negotiation, and alternatively by the exclusive jurisdiction of the Court of Milan.
Applicability of the General Terms of Sale
1.The present General Terms of Sale hereunder govern the offer, forwarding and acceptance of Purchase Orders for Products on the Website between the consumer users of the same (hereinafter the 'Consumer') and the Seller, namely Fragiacomo Shop s.r.l., and apply to all sales made on the Website.
It is the Customer's responsibility to check the terms and conditions of sale before submitting orders and purchasing products and services from other parties than Fragiacomo Shop s.r.l. The General Terms of Sales can be modified unilaterally and at any time, without prior notice by Fragiacomo Shop s.r.l. The applicable conditions are those in force at the time of completion of the purchase order.
2.Through the Website, the Seller offers Products for Sale and carries out its e-commerce business solely to its end users who are capable of acting and are 'consumers', i.e. physical persons who act for non-business purposes unrelated to any commercial, entrepreneurial or professional use. Fragiacomo Shop s.r.l. therefore reserves the right not to follow up orders from entities other than 'Consumers' or in any case orders that do not comply with its commercial policy. The purchase of the consumer amounts to a declaration, even for criminal sanctions, to be a final consumer, who will not obtain any commercial benefit from the sale. 3.In order to submit a purchase order the users must read and approve these General Terms of Sale. Failure to accept the General Terms of Sale means that it is impossible to make purchases on the Website.
4.The present conditions apply to orders from all over the world, but if some of the provisions contained therein conflict with the rules of a particular jurisdiction, all rules that are not in conflict with it will remain in force.
Conclusion of the Contract between the Consumer and the Seller
1.The language available to conclude a contract with the Seller is Italian.
2.Every telematic step for the purchase of products is an integral and essential part of the sales contract.
3.Before proceeding with the purchase of the Products, through the transmission of the order form, the Consumer is required to read carefully the General Terms of Sale and the Disclaimer Information which he may also print, store or make copies of for personal use.
4.Product prices may be subject to upgrades. Consumers are required to check the final sale price before submitting their order form.
5.The conclusion of the sales contract on the Website involves the Customer accepting the full acceptance of the General Terms of Use of the Site, the General Terms of Sale, the terms of the right of withdrawal, the privacy policy and that of the cookies.
6.Exposure of 'Fragiacomo' products and related information on the Website is not a purchase offer, but an invitation to treat for the Consumer, who may submit his purchase order through the on-line procedure in force at this time. Fragiacomo Shop s.r.l. will accept submitted orders and, in any case, will notify the user through the procedure at that time, for example through a specific screen and/or sending an ad hoc email. Only then will the contract be concluded. The Consumer expressly declares that he is aware that the eventual acknowledgment of the order is in not considered to be a valid acceptance of the order. In the event of a refusal or cancellation of the order, without prejudice to any rights in Fragiacomo Shop s.r.l., Fragiacomo Shop s.r.l. will be required to return the sums already collected by the user to the same source from which the payment was received.
7.Before delivery of the product purchased on the Website, Fragiacomo Shop s.r.l. reserves the right to refuse or cancel purchase orders from: (i) Users who have directly or through their affiliates initiated litigation disputes with Fragiacomo Shop s.r.l .; (ii) Users who have also only partially violated the General Terms of Use of the Website, the General Terms of Sale, the Privacy Policy and the Cookies Policy; (iii) Users involved in fraud, in particular computer fraud and credit card payments and the like; (iv) Non-consumer users under the law; (v) Users who have transmitted false, incomplete, inaccurate, or wholly or partially identifying identification data to third parties; (vi) Users for whom the payment system is not authorized or preauthorized by the circuit; (vii) Users who have submitted incomplete or incorrect purchase orders that do not provide sufficient solvency guarantees or if the Products are unavailable. In such cases, the Seller shall promptly and in any event within 14 days from the day following the date on which the order was sent to Fragiacomo Shop s.r.l., to inform the Customer by email that the contract is not concluded and that the Seller has not followed the order of purchase and specifies the reasons. In the event that the Customer has already provided the Order Form and paid the price, the Seller will reimburse the amount paid.
8.Execution of the obligations of Fragiacomo Shop s.r.l. may be suspended in the event of a case of fortuity or force majeure preventing or delaying execution, including, but not limited to, the incorrect indication by the Consumer of the address of the shipment. Fragiacomo Shop s.r.l. will inform the consumer about the occurrence of a fortuity or force majeure within ten days of its occurrence. Should the suspension of the service be extended for a period longer than 14 days, the Consumer will be entitled to cancel the order and Fragiacomo Shop s.r.l. will return any amounts already received.
Characteristics of the goods for sale
1.Only original products marked with the 'Fragiacomo' brand are offered on the Site.
2.The essential features of the Products on the Website are presented within each Product Sheet. However, the images and colours of the Products offered on sale may not be exactly the same as the actual ones due to the Internet browser and/or monitor used.
3.Products sold on the Website are covered by a legal guarantee of compliance by Fragiacomo Shop s.r.l., pursuant to c.d. Consumption Code (Articles 128-135 of Legislative Decree 206/2005), applicable by definition and under the conditions of sale to consumers only, according to their legal definition. A purchased product presents a defect of conformity when (i) is not suitable for use for which goods of the same type are normally used; (ii) does not conform to the description made by Fragiacomo Shop s.r.l. on the Website and does not possess the qualities of the good that Fragiacomo Shop s.r.l. submitted on the Website itself; (iii) it does not present the usual quality and performance of a good of the same type that the user can reasonably expect, including the statements made in advertising or labeling. Therefore, any failure or malfunctioning of accidental accidents or user liability is excluded from the scope of the legal warranty, or from a use of the product not complying with its intended use and/or as specified in the technical documentation attached to the product (as a mere example, incorrect storage, ironing and/or washing done in line with the instructions given for each chapter).
4.In the event of a genuine defect of conformity of the purchased product, which occurs within two years of delivery, the Consumer enjoys the rights provided for in his favour, provided that, as provided for by law, gives notice to Fragiacomo Shop s.r.l. within two months of the occurrence of such defect. Unless otherwise proven, it is assumed that conformity defects occurring within six months of delivery of the product already existed on that date, unless such a hypothesis is incompatible with the nature of the product or the nature of the defect in conformity or with the enclosed instructions. From the seventh month following the delivery of the product, it will be incumbent upon the Customer to prove that the defect of conformity was already in existence at the time of delivery.
5.In the event of a defect of conformity duly denounced within the terms and, of course, except normal wear, the Consumer is entitled to: (i) Primarily, repair or replacement of the good of his choice, unless the remedy required is objectively impossible or overly burdensome with respect to the other; (ii) Subsequently (in the case where repair or replacement is impossible or excessively costly, that is, repair or replacement has not been carried out in a timely manner, i.e. the repair or replacement previously carried out has had significant disadvantages to all user), the reduction of the price or termination of the contract (and consequent return of the product by the user and of the price collected by Fragiacomo Shop s.r.l.), of his choice. The remedy required is excessively expensive if it imposes on Fragiacomo Shop s.r.l. unreasonable expenses compared to alternative remedies that may be experienced, taking into account (i) the value that the good would have if there was no default; (ii) the extent of the failure of conformity; (iii) whether the alternative remedy can be experienced without significant disadvantages to the buyer. 6.If the buyer intends to report a proven defect of compliance and make use of the aforementioned remedies, the appropriate procedure must be followed on the Website, which involves the sending of the item, at the consumer's expense, to Fragiacomo Shop s.r.l., the defect assessment and if Fragacomo Shop s.r.l. accepts the same, perform one of the remedies described.
7.The Website presents accurate descriptions of each product there. You can ask for more information about it via the blog or via email at customercare@fragiacomomilano.com.
8.Since the Products are displayed in a virtual way, the images and in particular the proportions and colours of the same may differ from reality. The Consumer expressly agrees that the actual product and the image of the same product on the Website may differ with reasonable tolerance, also depending on the device used by the consumer.
9.The hand-made garments, in whole or in part, may show some differences in stitches and finishes, compared to what is shown on the Website and even between identical garments, which makes the garments unique.
10.The quantity, style, colours, measurements, prices and other features of the products sold on the Website may be varied at the discretion of Fragiacomo Shop s.r.l., without prior notice.
11.The Consumer declares that he is aware that at the same time multiple users may forward each purchase order for the same product, which may therefore remain available for a short time, even if not there. In that case, the order will be rejected or cancelled and the sums eventually collected by Fragiacomo Shop s.r.l. returned to the Customer whose order has been refused or cancelled. Alternatively, the Customer whose order has been refused or cancelled may, at its discretion, within fourteen days purchase one or more other applicable price products equal or higher (in this case, subject to payment of the difference). After that period of fourteen days without alternative purchases, Fragiacomo Shop s.r.l. will return the sums already collected by the consumer to the same source from which the payment was received.
Payment
1.The payment methods for the Products and their shipping and delivery costs are indicated in the order form and form an integral part of these Sales Terms.
2.Payment methods include credit card and PayPal and the relevant information will be used by Fragiacomo Shop s.r.l. for the completion of all payments due and for tax obligations, counterterrorism and anti-money laundering. Fragiacomo Shop s.r.l. it may at its own discretion and without notice modify the accepted payment methods.
3.If credit card payment is selected, financial information (e.g. credit / debit card number or date of expiry) will be forwarded via an encrypted protocol to banks or companies providing its credit card. remote electronic payment services, without third parties being able to access you in any way. Such information will also never be used by Fragiacomo Shop s.r.l. if not to complete the purchase procedures for which they are conferred and to issue the corresponding refunds in the event of any refund of the Products, following the exercise of the right of withdrawal, or when it is necessary to prevent or report to the police forces commission fraud on the Website. The purchase price for Products and shipping costs, as indicated in the order form, will be charged at the time of purchase.
4.The prices listed are inclusive of VAT and are expressed in EUR. Prices and reference currency may be changed at any time and without notice by Fragiacomo Shop s.r.l. and will be considered fixed at the time of delivery by the Consumer. Where indicated, the shipping costs will be charged to them.
5.In the event of a change in the VAT rate between the time of delivery of the order by the Consumer and the time of the shipment of the product, Fragiacomo Shop s.r.l. will communicate this change to the Consumer, requesting the balance, in case of increase, or returning any surplus. In the event of an increase in the rate, if the Consumer does not settle such change within 14 days, Fragiacomo Shop s.r.l. must cancel the order and return the sums already collected by the consumer to the same source from which the payment was received.
Right of withdrawal
1.The right of withdrawal is guaranteed to Customers who meet the characteristics specified in the General Sales Conditions and who fulfil the steps foreseen for the exercise of this right.
2.The right of withdrawal shall be excersised by the Consumers who are not satisfied for any reason whatsoever by the purchase of the product from the Website and solely through that Website.
3.The right of withdrawal must be exercised within fourteen (14) days from the consignment of the product at the address indicated by the Consumer.
4.In order to exercise the right of withdrawal, the Consumer shall comply strictly with the following conditions: (i) the Customer must complete the Returns form on the Website, following the appropriate procedure, and send it within fourteen days of making the product available to the customer, address indicated by the buyer; (ii) the product must not have been used, worn, washed or damaged; (iii) the identification card must not have been removed or damaged and must still be attached to the product; (iv) the product must be returned in a packaging, preferably in the original packaging; (v) the return label must be enclosed with the return shipment. 5.The products for which the right of withdrawal has been exercised must be returned without undue delay and, in any event, within fourteen days of the date on which the Consumer has informed Fragiacomo Shop s.r.l. his decision to withdraw from the contract.
6.If the Customer complies with the procedures on the Website regarding exercising the right of withdrawal and therefore uses the carrier identified by Fragiacomo Shop s.r.l., the shipping costs of the product from the user's address indicated for the initial delivery to Fragiacomo Shop s.r.l. will be responsible for the latter. If the address from which the delivery is sent is different from the one of the delivery or the Consumer decides to use another carrier, the shipping costs will be borne by the Consumer.
7.Fragiacomo Shop s.r.l. will send confirmation of receipt of the notice of withdrawal and in turn contact the Consumer, if the withdrawal cannot legitimately be accepted. In case of failure to accept the withdrawal by Fragiacomo Shop s.r.l. (as a mere example, if the product has been used), the consumer may obtain the product, pay the related shipping charges or not hold it and receive a partial refund of the price paid due to the deterioration caused by the product in question and shipping costs incurred by Fragiacomo Shop s.r.l.
8.Subject to the eventual rights of Fragiacomo Shop s.r.l., the latter shall be obliged to return the sums already collected by the Consumer to the same source from which payment has been received, as a full or partial refund of the price paid.
9.Within fourteen (14) days from the availability of the product at the address indicated by the Consumer, the latter may request replacement of the product for which he is dissatisfied with another product or other product with an equivalent or higher price, paying for any difference and the cost of transport of substitute goods, subject to the provisions of paragraph 6 above.
10.The right of withdrawal shall be subject to all relevant rules and the provisions of the General Terms of Sale.
Privacy
1.The Consumer may obtain information on the processing of personal data by accessing the Privacy Policy.
2.For any information on the Privacy Policy, you can refer directly to the respective section on the Website.
Applicable law and settlement of disputes
1.The General Terms of Sale are governed by and adhering to the law of the Italian Republic and, in case of conflict, the clauses valid under this Jurisdiction will remain in force. Without prejudice to the application to Consumers who do not have their habitual residence in Italy of the most favourable and indispensable provisions provided for by the law of the country in which they are habitually resident, in particular those in relation to the term for exercising the right of withdrawal, restitution of the products, in the event of exercising these rights, the manner and formality of its communication and the legal compliance guarantee.
2.In the case of non-friendly or out-of-court disputes between Consumers and Fragiacomo Shop s.r.l., where applicable, the c.d. tool will apply, attorney-assisted negotiation and, in the alternative, the exclusive jurisdiction of the Court in Milan.
Modification and update
1.These General Terms of Sale may be changed, including any regulatory changes. The new General Terms of Sale will be effective from the date of publication on the Website. Consumers are therefore encouraged to access the Website regularly and to consult the most up-to-date version of the General Terms of Sale before making any purchase.
2.The General Terms of Sale are applicable to each contract concluded through the Website in force at the date of delivery of the purchase order.
Client assistance
The Consumer may request any additional information via e-mail at customercare@fragiacomomilano.com.