TERMS AND CONDITIONS OF USE

 

  • SUMMARY

These terms and conditions of use (hereinafter “Terms of Use” and/or “Terms” and/or “Terms of Service”) concern access to and use of the website fashioncolor.eu (hereinafter referred to as the “Site”), owned by the Fashion Color S.r.l through the Site. 

It is the responsibility of the User – as defined below – to carefully examine this page while browsing this Site. 

Any new characteristic, element or instrument added to the Site will be subject to these Terms of Use. The most recent and updated version of the Terms of Use will always be available, at any time, in the dedicated section of the Site. 

We reserve the right to update, alter or replace any part of these Terms of Use, subject to applicable law. Any such change shall take effect immediately upon its publication on this page.

  • DEFINITIONS

To enable full understanding and acceptance of these Terms of Use, the following terms, in the singular and plural, shall have the meanings set out below:

  • Principal: Fashion Color S.r.l, with registered office in via Libero Biagi 65 B/10, 20099 Sesto San Giovanni (MI), Tax ID code/VAT number IT07951341218, registered at the CCIAA [Camera di Commercio, Industria, Artigianato e Agricoltura (Chamber of Commerce, Industry, Crafts and Agriculture)] of Naples, REA (Economic and Administrative Index) no.: NA 921186 entered in the Companies Register under 07951341218, capital €10.400,00 [throughout the Site, the terms “we”, “us” and “our” refer to the Principal];
  • Products: : the accessories present on the Site of the Principal; 
  • Services: the services offered through the Site by the Principal;
  • User: any person who accesses and uses the Site;
  • Content: any text or multimedia element present on the Site, such as advertisements, listings, reviews, images, designs, graphics, sounds, music, videos etc., including trademarks, logos, intangible assets and/or industrial property rights owned by the Principal;
  • Site showcase site through which the Principal describes and displays the Products and allows the User to receive specific information on the Products/Services themselves.
  • SERVICES and PRODUCTS

Through this Site the User may view the Products offered by the Principal and, if interested, may receive information by contacting the Principal directly by filling in the “contact us” section and/or – where applicable – by using the Chat service on the Site. 

If the User is interested in purchasing Products, he/she may be redirected to links (other than this Site) owned by third parties and/or the Principal itself. In such cases, the general conditions and/or Terms and Conditions of Sale present on such sites will apply. Therefore, the User is invited to pay attention to the terms and conditions and documents relating to the processing of personal data present on such sites while browsing them.

In the event that the User is interested in the Principal’s company, he/she may access the appropriate “careers” section and share – subject to prior consent – a spontaneous application, enclosing his/her CV where appropriate.

  • RULES OF CONDUCT FOR USERS

Each User must use the Internet responsibly and with respect and courtesy towards the rights of other Internet users.

As such, by accessing the Site, the User undertakes not to: (i) upload to the Site, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, immoral, invasive of another’s privacy including the right to image, derogatory or disparaging, racist or otherwise offensive; (ii) upload to the Site, post, e-mail or otherwise transmit unsolicited or unauthorised advertising or promotional material, “marketing material”, “misleading information”, “chain letters”, or any other form of solicitation; (iii) upload to the Site, post, email or otherwise transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (iv) disrupt or interrupt the Site or servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of networks connected to the Site; (v) attempt to damage the Service of any user, host or network, including, without limitation, exposing the Site to viruses, flooding the server, saturating e-mail messages, or falsifying any TCP/IP protocol information packet header or any part of the information contained in any e-mail; (vi) access data that is not intended for Internet Users or entering a server/account to which the Internet User is not authorised to have access; (vii) attempt to probe, analyse or test the vulnerability of a system or network, or to breach security or authentication measures without authorisation; (viii) assume the identity of another person; (ix) engage in any activity or induce a third party to engage in any illegal activity or any other activity that may infringe the rights of Principal, its partners, distributors, suppliers or any other Internet user; (x) transmit or transfer (by any means) information or software derived from the Site, in particular to other countries or to certain foreign nationals in violation of national or international laws or regulations.

Recognising the global nature of the Internet, each User undertakes to comply with all local and international rules and procedures relating to online behaviour and acceptable content, and in particular with all applicable laws relating to the transmission of technical data.

At any time and for any reason, Principal may use any means to discontinue, without notice, the use of the Site or any of our Services for any conduct that breaches these Terms of Use, without prejudice to any damages and interest Principal reserves the right to seek from the User in the event of non-compliance with the Terms and Conditions of Use of the Site.

The User shall not interfere with or disrupt the functionality of the Site. It is the User’s responsibility to take all appropriate measures in relation to the equipment used to protect it from possible contamination by computer viruses or hacking attempts. Equipment refers in particular, but is not limited to: personal computers, PDAs, Internet access, software and data programs, etc.

  • INDEMNITY 

The User agrees to indemnify, defend and hold harmless the Principal as well as any of our affiliated companies, subsidiaries, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from the User’s breach of these Terms of Use or his/her violation of any law or third-party rights.

  • RIGHTS RELATING TO CONTENTS

The Principal is the owner of all intellectual and industrial property rights on this Site as well as the Contents. The use of this Site and its Contents does not grant the User any rights in relation to copyrights, designs, trademarks and all other intellectual property rights and materials mentioned, displayed or relating to the Contents on the Site. Any reproduction, redistribution or other unauthorised use of the Content is prohibited and may result in civil and criminal sanctions. The User may use the Content only with the prior express written authorisation of the Principal. The Principal reserves the right to claim damages in the event of counterfeiting and, more generally, in the event of infringement of intellectual property rights.

  • EXCLUSIONS OF WARRANTY 

The Site is provided on an “as is” and “as available” basis and the Principal makes no express or implied warranty in relation to the Site, nor does it make any warranty that the Site will meet the Users’ requirements or that it will be uninterrupted or free of errors, viruses or bugs.

The Principal shall endeavour to ensure that the Site is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Principal’s control or for events of force majeure.

 

  • LINKS TO THIRD-PARTY SITES

The Site may contain links to third-party sites/applications over which the Principal has no control and is therefore in no way responsible for the content of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Site. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, in respect of which the Principal accepts no responsibility.

 

  • LIMITATION OF LIABILITY

The Principal shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers.

Furthermore, the Principal shall not be liable for any damages, losses, and costs incurred by the User owing to the non-performance of the contract for reasons not attributable to the Principal, in which case the User shall only be entitled to a full refund of the price paid and any additional charges incurred.

The Principal shall not be liable for:

– any loss of business opportunity and any other loss, even indirect, that the User may suffer that is not a direct consequence of the Principal’s breach of contract

– incorrect or unsuitable use of the Site by Users or third parties;

– the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry of such data;

– any loss of profits, incidental, consequential, punitive, special or indirect damages arising out of or in connection with the Site or these Terms, despite being advised of the possibility of such damages, whether the claim for such damages is based on contract, tort, strict liability or otherwise. This limitation of liability includes, but is not limited to, any (i) transmission of any bugs, viruses, trojans or the like that may infect the equipment of the User, failure of mechanical or electronic equipment; (ii) unauthorised access to or use of the Site or Principal’s secure servers and/or any personal and/or financial information stored therein; or (iii) theft, operator error, strikes or any force majeure. 

Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  • FORCE MAJEURE

The Principal shall not be deemed liable for any failure to perform or delay in performing its obligations due to circumstances beyond Principal’s reasonable control due to events of force majeure or otherwise unforeseen and unforeseeable events beyond its control.

The Principal’s obligation of performance shall be deemed to be suspended for the duration of the force majeure event.

The Principal shall take any action in its power in order to find solutions that allow the proper fulfilment of its obligations despite the persistence of force majeure events.

  • ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION

We are not liable if the information made available on this Site is not accurate, complete or up-to-date. The contents of this Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete and more up-to-date sources of information. Any User who relies on the contents of this Site does so entirely at his or her own risk. 

This Site may contain certain historical information that is out of date and is provided for your reference only. We reserve the right to change the contents of this Site at any time but are under no obligation to update any information on this Site. The User hereby accepts responsibility for monitoring changes to our Site.

  • ERRORS, INACCURACIES AND OMISSIONS

Our Site may occasionally contain information with typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any omissions, errors or inaccuracies at any time and without notice and to change or update information or cancel orders if any information on the site or any related website is inaccurate (even after the consumer has placed the order).

We are under no obligation to update, amend or clarify any information on the Site or any related website, including but not limited to pricing information, except as required by law. Please note that no date of update stated on the Site or any related website shall be regarded as indicating that any information on the Site or any related website has been changed or updated.

  • PRIVACY

Personal data will be protected and processed in accordance with the Privacy Policy, which can be consulted on the following page https://fashioncolor.eu/privacy-policy/

  • APPLICABLE LAW AND PLACE OF JURISDICTION

The Terms and Conditions are subject to Italian law.

Any dispute relating to the application, execution and interpretation of these Terms and Conditions shall be subject to the jurisdiction of the court of the place where the Principal has its registered office.

For Consumer/Users, (meaning any natural person over the age of 18 who concludes a contract for purposes outside his or her trade, business, craft or profession, as defined by art. 3 of Italian Legislative Decree no. 26 of 6 September 2005), any dispute relating to the application, execution and interpretation of these Terms and Conditions shall be referred to the court of the place where the Consumer/User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer/User to refer to a court other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in articles 18, 19 and 20 of the Italian Code of Civil Procedure.

This does not affect the right of Consumers/Users whose habitual residence is not in Italy to invoke any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating this right and the legal guarantee of conformity.

  • ONLINE DISPUTE RESOLUTION FOR CONSUMERS/USERS

If you are a Consumer/User and you have submitted a complaint relating to a contract concluded through this Site, but it has not been possible to resolve the dispute forming the subject matter of the complaint, you will be provided with information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes (so-called ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code), specifying whether or not we use these bodies to resolve the dispute.

Please be informed that for the resolution of disputes arising from the exact application of the contracts governed by the provisions of Sections I to IV of Chapter I of the Consumer Code, it is possible to resort to the mediation procedures provided for by Italian Legislative Decree No. 28 of 4 March 2010.

This does not affect the option of using the voluntary and joint negotiation procedures provided for in Article 2(2) of the same Legislative Decree No. 28 of 4 March 2010.

Furthermore, we remind you that a European platform for the online resolution of consumer disputes (the ODR platform) has been established. The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/ ; through the ODR platform, you will be able to consult the list of ADR bodies, find the link to the site of each of these bodies and initiate an online dispute resolution procedure for the dispute in which you are involved.

In any event, whatever the outcome of the out-of-court settlement of the dispute, your rights to bring a matter before the ordinary courts, and, if the conditions are met, to initiate an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, shall remain unaffected.

  • SEVERABILITY CLAUSE

In the event that any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law while the unenforceable part shall be deemed severable from these Terms of Use. This shall not affect the validity and enforceability of any remaining provisions.

  • ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguity in the interpretation of these Terms shall not be construed against the party that drafted them.

  • CONTACT INFORMATION

The Principal of this Site is the Fashion Color S.R.L, with registered office in via Libero Biagi 65 B/10, 20099 Sesto San Giovanni (MI), VAT No. / Tax Code 07951341218, Economic and Administrative Index No. NA – 921186, fully paid-up share capital € 10.400,00, PEC (certified email address)fashioncolorsrl@legalmail.it

Any questions regarding the Terms of Service and/or the Products/Services on this Site may be sent by the User to the following address: info@fashioncolor.it