GENERAL CONDITIONS OF USE
This web site, upsidedownbikini.store, with the relative services and contents (hereinafter known as the "Site") is provided for users and/or clients (hereinafter known as the "Users" or User") for the promotion and sale of the consumables belonging to Valentina Fradegrada Sagl, and the supply of connected services, such as, for example, the newsletter and the contacts form (hereinafter known as the "Purpose").
The Site is managed by Valentina Fradegrada Sagl, with its registered offices located in Via Gemmo 3 Lugano, switzerland.
The access, consultation, registration and any use of the Site and its relative contents and services, such as the purchase of products offered on it (hereinafter known as the ’"Use" or "To Use"), are activities regulated by these general conditions of use (hereinafter known as the "General Conditions of Use").
Use of the Site presumes that the User is aware of these General Conditions of Use, and shall lead to the unconditional and full acceptance of the same.
Therefore, the User is hereby invited to carefully read the General Conditions of Use, as well as the Privacy Information and the General Conditions of Sale, prior to Using the Site.
1 USE OF THE SITE
1.1 Use of the Site is exclusively authorised for personal reasons that are strictly connected with the Purpose and cannot be traced back, even only partially, to any activity of a professional, entrepreneurial, artisan and/or commercial nature.
1.2 Only adults shall be exclusively entitled to use the Site.
1.3 In using the Site, the User shall undertake not to:
a) communicate untrue and/or incorrect information, and/or relative to third parties, without their explicit consent and/or use the same incorrectly;
b) load, communicate and/or send materials, contents, links, files and transmit any other item that:
I. is of an obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or unlawful nature;
II. constitute spam, pyramid communications, chains or any form of advertising or commercial or promotional communication unless it has been authorised in writing by the Operator;
III. is technically dangerous or harmful, such as, for example IT viruses, malware, codes or other instruments that might damage the Operator’ IT systems as well as third party ones;
c) interfere, interrupt, damage, infringe and/or tamper with the Site and its regular, functioning capacity;
d) breach third party rights, the General Conditions of Use and Sale on the Site and/or any provision in the legislation that is currently in force, such as, by way of an example, the (Italian) Law No. 633, dated 22nd April 1941 on copyright and the (Italian) Legislative Decree Law No. 196, dated 30th June 2003, concerning personal data protection.
1.4 Notwithstanding the Operator’s right, at any time whatsoever, to interrupt, suspend and/or revoke, even at his own discretion, and without having to provide any reason whatsoever, Use of the Site. The User acknowledges and accepts that the Operator shall not, in any case whatsoever, be held liable for any interruptions, suspension and/or revocation of the Use of the Site.
2 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATA BANKS
2.1 Any rights concerning the contents present or made available on the Site or connected with it, by way of an example, but not limited to the same, texts, images, photographs, music, sound, video, designs, logos, graphics, layouts, source codes, software, design, the technical solutions adopted and the structure produced for the Site, data banks (hereinafter known as the "Contents"), are held by the Operator and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator and are protected by the national and international laws in force on the subject of the protection of intellectual and/or industrial property rights and/or data banks.
2.2 Except for any temporary reproduction of the Contents for activities without any economic relevance and strictly connected with the Purpose, it is strictly forbidden to amend, reproduce, publish, transfer, divulge and/or use, otherwise, in any form or way, the Contents, without the Operator’s explicit authorisation in writing.
2.3 In any case, it is hereby understood, that The User’s use of the Site shall not lead to the latter’s acquisition of any rights whatsoever concerning the contents.
2.4 The User cannot undertake any operation that might contrast with the Operator’s regular management of the data bank, and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator or which might cause unjustified prejudice to the same.
2.5 Within the limits of what has been envisaged by the national and international legislation in force concerning the protection of intellectual and industrial property rights and/or data banks, it is strictly forbidden to systematically extract and/or use the Contents of the Site, by means of data mining, robots and other systems aimed at acquiring and extracting data, as well as producing and/or divulging data collections that reproduce, either totally or partially, the Contents of the Site and the services supplied, without the Operator’s explicit authorisation in writing.
3 TRADE MARKS AND DOMINION NAMES
3.1 The trademarks, dominion names and all the other distinctive signs contained and/or connected with the Site belong exclusively to the Operator or the respective owners who entertain, directly and/or indirectly commercial relations with the Operator.
3.2 Use of the aforementioned distinctive symbols, in any way whatsoever, is strictly forbidden without the Operator’s explicit authorisation in writing, and that of the respective owners.
3.3 Use of the Operator’s name, as well as those who entertain, directly and/or indirectly commercial relations with the Operator is, in any case, strictly forbidden, as well as the use of the distinctive symbols, such as, for example, dominion names and trade-marks, by means of metadata (such as, for example, meta-tags e keyword-tags), without the Operator’s written authorisation or that of the respective owners
4 LINKS TO OTHER WEB SITES
4.1 The Site may have hypertext links to other web sites, which may have no connection whatsoever to the Site.
4.2 Said links have been exclusively indicated by the Operator to facilitate the Web Users navigation and connections towards other web sites.
4.3 Indication of a link shall not imply any kind of suggestion, sponsorship and/or recommendation by the Operator to use the connected web sites, nor any kind of warranty concerning the relative contents, services and/or goods offered and/or sold by the same.
4.4 The Operator does not control, in any way whatsoever, the web sites connected by links, nor the information, materials and products contained in them and, therefore, The User hereby acknowledges and recognises that the Operator cannot be held responsible for the actions, services, products, contents and the policies in force on said, web site, even in relation to personal data processing and conditions of sale.
4.5 Therefore, you are invited to carefully read the conditions of use, the conditions of sale, the privacy information and all, other legal notes on web sites other than the Site.
5 LINKS TO THE SITE
5.1 You can activate hypertext links to the Site, further to being authorised by the Operator to do so. To this end, you should contact the Operator at the following, e-mail address: email@example.com.
The Operator is, at all times, entitled to oppose the activation of links to the Site, even in consideration of the previous adoption of unfair commercial practices or ones not in compliance with sector uses, by an applicant, or rather unfair competition or actions discrediting the Operator
5.2 The activation of hypertext links is strictly forbidden (such as, but not limited to, deep links or deep frames) to the Site, without the Operator’s written authorisation.
6 PERSONAL ACCOUNT USE
6.1 The User shall undertake to supply accurate and complete data during the personal account registration phase, and promptly inform the Operator about any changes to the information supplied.
6.2 The User who is in possession of a personal account on the Site shall undertake to keep his access credentials confidential and monitor the regular operating capacity of the account, itself, and immediately inform the competent authorities of its use or an attempt to use his account by unauthorised third parties.
6.3 The User hereby accepts that he is solely responsible for all the actions initiated by means of his account, as well as all the damaging consequences or prejudice that might be caused to the Operator, or third parties, further to using his personal account in breach of the General Conditions of Use, the other legal notes set forth on the Site and/or applicable provisions in force, as well as the loss and theft of his access credentials.
6.4 Notwithstanding, the Operator’s entitlement, at any time whatsoever, to suspend, amend or cancel each personal, User account, in breach of the General Conditions of Use, other legal notes contained on the Site, legislative provisions in force or at the Operator’s unquestionable judgement. The User hereby acknowledges and accepts that the Operator shall not, in no case whatsoever, be held responsible for any suspensions, amendments and/or cancellations of his own, personal account.
7 WARRANTIES AND REPONSIBILITY PER USING THE SITE
7.1 The Operator hereby supplies the Site in its current state and fact in law, without any kind of warranty, explicit or implicit, for The User.
7.2 The Operator does not guarantee the Site’s regular operating capacity and those that are connected to it, even indirectly. Within the limits consented by law, the Operator shall not be held liable for any damages incurred through using the Site as well as the third party sites, which are, even indirectly, connected, such as, by way of an example, but not limited to the same, any damages incurred by IT systems, the loss of data or commercial opportunities, as well as damages caused by an interruption to economic activities or derived from Site errors, delays, omissions and inaccuracies.
7.3 The User acknowledges and accepts that the Operator cannot be retained as being in breach of his obligations, nor responsible for any damages incurred by the lack or incorrect functioning of The User’s own and/or third party hardware and software components, telephone and/or telematics connections that are not managed by the Operator directly, as well as the actions of other Users and/or third parties.
7.4 The User is the sole party responsible for Use of the Site. Within the limits consented by law, no responsibility whatsoever can be attributed to the Operator in relation to The User’s Use of the Site, which runs contrary to the legislative provisions in force, the legal notes set forth on the Site and/or damaging to third party rights. Within the limits of what has been envisaged by the legislative provisions in force, The User shall undertake to hold the Operator harmless from all charges and damages, including any legal fees that might be caused by his Use of the Site, in breach of the legislative provisions in force, the legal notes contained in the Site and/or damaging to third party rights.
8.1 In relation to User, personal data processing, please refer to the Information on Privacy.
8.2 In order to take advantage of the services provided and made by The User, information specifications shall be supplied, and, where necessary, specific consent to personal data processing.
9.1 The Operator has done everything possible to avoid that the Site Contents published describe or represent physically or psychologically violent scenes or any such ones that the Users’ sensitivity might retain them as being prejudicial to civil convictions, human rights and personal dignity, in all its forms and expressions. In any case, the Operator cannot guarantee that the Site’s Contents might be appropriate or lawful in other countries, excluding Italy. However, if said Contents are retained as being unlawful or illegal in some countries, access to the Site is not recommended and if The User does, in any case, access it, the use he makes of the services supplied shall be at his own, exclusive and personal responsibility.
9.2 Notwithstanding what has been envisaged in the Site’s legal notes and the legislative provisions in force, the Operator shall be entitled to amend – at any time whatsoever and without being obliged to communicate – any information, contents or other elements present on the Site.
9.3 The fact that the Operator and/or any third parties with whom the former entertains, directly and/or indirectly commercial relations, delays or omits to assert his entitlements, on the basis of the General Conditions of Use, the Site’s other legal notes and the legislative provisions in force, this does not constitute his/their entitlement of asserting said right, in relation to any actions initiated or which may be initiated in the future.
10 USER GENERATED CONTENT ("UGC")
10.1 The natural person and/or corporate person who, directly or indirectly (even by means of sending specific hashtags) duly authorises the communication and/or publication and/or divulgation of his own, contribution, in any form or nature whatsoever, and on any medium (including, by way of an example, but not limited to the same: images, photographs, videos, sound, music, texts, the written word and works of any kind whatsoever) by Valentina Fradegrada Sagl (hereinafter known as the "Grantor"), shall transfer the same, in perpetuity, irrevocably, non-exclusively, free-of-charge, royalty exempt, and all economic exploitation rights, including the copyright and connected rights relative to said contribution (hereinafter known as "Authorised Contributions"), together with sub-licensing rights. To this end, the Grantor explicitly acknowledges Valentina Fradegrada Sagl the unquestionable right of using the Authorised Contributions, of deciding when to use them or remove them, since Valentina Fradegrada Sagl and its assigns are the sole, lawful and competent subjects to this end, without limits of time. Said rights shall be granted for the whole World and for all uses and economic exploitation. All the Authorised Contributions shall be considered of a non-confidential nature. By effect thereof, Valentina Fradegrada Sagl shall be entitled to: use, copy, distribute, reproduce, transfer, exploit, amend, process, transform, hold on a data base, make cuts, changes and/or additions, insert or replace comments and/or divulge said Contributions in favour of third parties for any purpose and in compliance with the advertising and/or commercial conditions that Valentina Fradegrada Sagl and/or its assigns believe to be most expedient (such as, by way of an example, but not limited to the same, by means of reproducing and publishing the Contributions by means of social network channels, such as Facebook and Instagram, in brochures, magazines, albums, collections, products, etc. even within the scope of commercial enterprises). To this end, the Grantor shall also authorise Valentina Fradegrada Sagl and its assigns to combine/tie in, either directly or indirectly, the Authorised Contributions with commercial and promotional initiatives, and the image and distinctive symbols belonging to Valentina Fradegrada Sagl and/or its assigns (except for the Grantor’s moral rights).
10.2 The Grantor warrants that he is entitled to the rights and has the legal capacity to execute these General Conditions of Use in his own jurisdiction and that the Contribution is an original and exclusive work, and that the same:
- has not been derived from any, third party work, without their authorisation;
- does not breach, in any way whatsoever, copyright, registered trademarks or any other, third party, intellectual or industrial property rights;
- does not breach or potentially infringe any, third party property or personal rights whatsoever, having received the authorisation required and/or specific consent from any third parties involved (or from who has the authority to do so), at any title whatsoever, involved in the Contribution;
- does not breach any provision of the law, including, by way of an example, the provisions set forth in the (Italian) Law No. 633/1941, and subsequent amendments and integrations made thereto, the (Italian) Legislative Decree Law No. 30/2005 – The Industrial Property Code, and subsequent amendments and integrations made thereto, the (Italian) Legislative Decree Law No. 196/2003 – Privacy Code;
- is not obscene, racist, discriminatory, nor in any other way contrary to public order nor the principles of public morality in force;
Undertaking to hold Valentina Fradegrada Sagl and its assigns harmless whenever one or more declarations or warranties is revealed as being false or inaccurate.
Valentina Fradegrada Sagl and its assigns shall also be entitled to reveal the Grantor’s identity to any third parties who sustain that the Authorised Contributions constitute breach of their intellectual property and/or confidentiality rights.
10.3 Valentina Fradegrada Sagl and/or its assigns shall not be held liable in relation to any breach of the Grantor’s rights and/or those of any third parties derived, either directly or indirectly, from use , in any way whatsoever, of the Authorised Contributions, in any case, by way of contractual or extra-contractual liability (including, by way of an explanation, negligence or breach of the law) with reference to i) financial damages (including, by way of an explanation, any damages sustained, loss of income and loss of profits, both actual and envisaged, contracts, business generated, opportunities or savings envisaged); ii) loss or reputation; iii) consequential or indirect damages sustained by the Grantor or third parties.
10.4 The Grantor acknowledges that he is responsible to Valentina Fradegrada Sagl and/or its assigns, to hold them harmless from all costs, direct or indirect damages, expenses, losses, including any, eventual legal and trial expenses, and in relation to any claim and/or demand and/or action that might be brought in any place by third parties, including public authorities, administrative and state bodies, because of any dispute derived from or, in any way whatsoever, connected with the Contributions’ use by Valentina Fradegrada Sagl and/or its assigns, and the declarations and warranties provided by the Grantor through these General Conditions of Use.
11 APPLICABLE LAW AND DISPUTE SETTLEMENT
11.1 These General Conditions of Use are regulated by Italian Law.
11.2 In the case of disputes arising out of the General Conditions of Use between the Operator and the User, the User shall be entitled, by means of the link, https://webgate.ec.europa.eu/odr, to access the platform for the online settlement of disputes supplied by the European Commission.
12 AMENDMENTS TO THE CONDITIONS OF USE
12.1 The Operator shall be entitled, either totally or partially, to amend these General Conditions of Use, even in considerations of any, legislative changes and/or its own, commercial policies. Any amendments to the General Conditions of Use shall be communicated to the Users on this page of the Site, and shall become binding as soon as they are published on the Site.
12.2 The User shall be subject to the regulations set forth in the General Conditions of Use, which are, from time to time, in force, when The User makes use of the Site.
13 CUSTOMER CARE
13.1 If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:
- by e-mail: firstname.lastname@example.org;
- by post: Valentina Fradegrada Sagl, Via Gemmo 3, Lugano, Switzerland
GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter known as the "General Conditions of Sale") shall regulate the goods offered and sold on the web site, upsidedownbikini.store (hereinafter known as the "Site").
The goods purchased on the Site (hereinafter known as the "Products")are sold directly by the company, Valentina Fradegrada Sagl, with its registered offices located in Via Gemmo 3, Lugano, Switzerland.
You must read and accept these General Conditions of Sale to be able to send a purchase order. Non-acceptance of the General Conditions of Sale shall make it impossible to purchase goods from the Site.
1.1 The General Conditions of Sale shall exclusively regulate the offer, the shipping and acceptance of the purchase orders for Products on the Site, between the Seller and Site users.
1.2 The Seller, by means of the Site, shall offer the Products for sale and shall perform its e-commerce activities exclusively in relation to its final end-users, who are adults and "consumers", or rather, natural persons, who do not act in relation to any commercial, entrepreneurial, artisan or professional activities that might, eventually, be conducted (hereinafter known as the "Client").
1.3 The offer and sale of the Products refers exclusively to the countries set forth in the list of shipment countries listed on the relative page of the Site, which can be reached by means of the Homepage.
1.4 The Seller, therefore, shall be entitled not to process any orders from individuals, other than the "consumer" and/or minors, from countries that are not included among the shipment countries or, in any case, orders that are not in compliance with its own commercial policy.
1.5 The General Conditions of Sale do not regulate the sale of goods or supply of services by individuals other than the Seller, even if they are present on the Site by means of links, banners or other linking methods. The Client shall undertake to check the conditions of sale, prior to sending orders and purchasing goods and services from individuals other than the Seller. The latter, therefore, shall not be held liable for the sale of goods and/or the supply of services by third parties and/or the execution of agreements between the Client and third parties.
2 PRODUCT PURCHASE ORDERS
2.1 The Client, in order to purchase one or more Products on the Site, must select the Products he wishes to purchase and add them to the shopping trolley. Once he has chosen the Products, the Client must go to the checkout on the shopping trolley web page, complete the order form electronically, in compliance with the relative instructions, and send it to the Seller.
2.2 The purchase orders may be made in English.
2.3 The Product purchase orders may be made by the Client both by means of his, own account, if he has registered his details on the site, or as a "guest", supplying, in this case, the personal details required to process the order.
2.4 Reference to the General Conditions of Sale has been set forth in the order form, as well as a summary concerning the main characteristics of each Product ordered, and the relative price (including all the applicable tax and duties), the methods of payment accepted and the delivery terms applied to the Products purchased, the shipment and delivery costs, the conditions established to assert withdrawal rights, and the conditions and times to return the Products purchased.
2.5 Prior to going ahead with purchasing the Products, by sending the order form, the Client shall undertake to read the General Conditions of Sale, which can also be printed, memorised or copied for personal use. The Client, by sending the order form, hereby declares that he has understood and approved the contents set forth in the form, as well as accepted the General Conditions of Sale and Use of the Site whilst, if he cannot, the order form cannot be sent.
2.6 Prior to sending the purchase order form, the Client can check the order details, as well as identify and correct any mistakes in entering the data.
2.7 Furthermore, when the order form is sent by the Client, this implies that the latter has undertaken to pay the price indicated in the order.
2.8 Once the purchase order has been accepted, the Seller shall undertake to send the Client a purchase order receipt, which shall contain a summary of the General Conditions of Sale, the information relative to the Products’ essential characteristics, a detailed indication of the price (including all the applicable tax and duties), the methods of payment, the conditions and ways of asserting the withdrawal entitlement and the delivery charges.
2.9 The Seller is entitled not to accept any purchase orders that are incomplete or have not been filled in correctly, which do not provide sufficient solvency guarantees or if the Products are unavailable. In these instances, the Seller shall promptly undertake and, in any case, within fourteen (14) days, running from the date on which the order was sent to the Seller, inform the Client, by e-mail, that the agreement has not been executed and that the Seller shall not process the purchase order. In the case in which the Client has already sent the order form and paid for the Products, the Seller shall undertake to reimburse the monies paid.
2.10 The order form shall be archived in the Seller’s data bank for the time required to process the orders and, in any case, in compliance with the terms of the law in force. The Client, if registered on the Site, shall be able to see the orders made, access his, own account and consult the specific section on the Site. The Client who has made the purchase as a "guest" shall be entitled to check the orders made by contacting Customer Services, as indicated in paragraph 11 "Customer Care" herebelow.
3 THE PRODUCTS’ CHARACTERISTICS
3.1 Original Products, characterised by the brand name, "UpsideDownBikini", are exclusively offered for sale on the Site, further to authorisation granted by Valentina Fradegrada Sagl and/or any, other individual authorised by the latter.
3.2 The Products’ essential characteristics have been set forth on the Site, in each Product description. The images and colours relative to the Products on sale might not, however, correspond to the real ones, caused by the Internet browser and/or monitor used.
3.3 Each Product is sold on the Site together with its identification tag, which constitutes an integral part of the Product.
4.1 The Product prices set forth on the Site are calculated in Euro (€) and do not include shipment and delivery costs, which are clearly indicated at the beginning of Product purchase procedure.
4.2 The Product prices may be subject to variations. The Client shall undertake, therefore, to check the final sales price prior to sending the relative order form.
4.3 The payment conditions can be referred to on the Site Payments page, which have also been set forth on each, individual purchase order form, and constitute an integral part of the General Conditions of Sale.
4.4 The Product purchase price and the shipping costs, as set forth in the order form, shall be charged by the Seller when the Products are shipped.
4.5 In the case in which payment is made by credit card, the financial information (such as, for example, the credit or debit card number or its expiry date) shall be forwarded encrypted to banks or companies that supply the relative electronic distance payment services, without any third person whatsoever having access to the same. Furthermore, said information shall never be used by the Seller except for completing the procedures relative to the purchase, for which it was provided, and to issue any reimbursement in case of the Products being returned, further to asserting the withdrawal entitlement or to prevent or report fraud having been committed on the Site to the Police.
4.6 If the Product is delivered to a European Union country, it should not be subject to any Customs Clearance costs, such as import taxes and/or duties.
If, instead, delivery is made to a country that does not belong to the European Union, the Products sold might be subject to Customs Clearance costs, such as importation taxes and/or duties, which are demanded on the Product’s arrival in the country of delivery. The Customs Clearance costs cannot be envisaged by the Seller in advance, and they shall, in any case, be fully borne by the Client.
If you require some more information, the Client should contact the Customs and Excise office in the country where the Product is shipped.
5 PRODUCT DELIVERY
5.1 The Products, ordered on the Site, are sent by express courier service. The Product delivery costs, methods and terms have been set forth on the "Shipping" page, as well as on each, individual purchase form, and shall constitute an integral part of the General Conditions of Sale.
5.2 The Product delivery time, on the Site, refers exclusively to working days, explicitly excluding public holidays.
5.3 The Client must make the purchase order directly on the Site page relative to the country where the purchased Product shall be delivered. The Site should be capable of automatically recognising the country from which the Client is connecting, but you can change the Site reference country by means of the list of shipment countries that have been drawn up on the relative Site page.
The orders made from one section of the Site relative to a country other than the one where the Products are to be shipped or to a country other than the one envisaged as the destination or to an address that is not admitted by the courier appointed by the Seller (such as, for example, P.O. boxes and Hold Mail services), shall not be accepted. The Site is not authorised to send goods to: Channel Islands and Isle of Man (UK), Canary Islands, Ceuta and Melilla (ES), Greenland (DK) and Puerto Rico.
6 WITHDRAWAL ENTITLEMENT
Asserting the withdrawal entitlement
6.1 The Client shall be entitled to withdraw from the agreement executed with the Seller, free-of-charge, and without having to explain why, within fourteen (14) days running from the date on which the Products, purchased on the Site, are physically acquired.
6.2 The Client, in order to assert his withdrawal entitlement, may communicate his decision to withdraw from the agreement by means of the withdrawal form on the Site. To this end, the Client shall undertake to access the section of the Site relative to the orders made, fill in the withdrawal form and e-mail it to the Seller.
6.3 Alternatively, the Client shall be entitled to send an explicit, written communication concerning his decision to withdraw from the agreement to the Seller, supplying his personal details (such as his name, surname, address and e-mail), the dates on which the Products were ordered and when they were received, the order number and the relative Products purchased; to this end, the Client shall be entitled, if he wishes, to use the model withdrawal form , referred to in Annex I of the (Italian) Legislative Decree Law No. 21, dated 21st February 2014. In the case in which the Client selects this option, the withdrawal communication must be sent to the Seller by:
- post: Diana E-Commerce Corporation S.r.l. Via Gemmo 3, Lugano, Switzerland, or
- e-mail: email@example.com.
6.4 When the withdrawal entitlement is asserted, the Product chosen cannot be directly replaced by another one; if the Client wishes to purchase a new Product, he shall have to start again and make another order.
6.5 The Client shall be held liable for the reduction in value of any Products, which has been caused to the same, other than what is required to establish the Products’ nature, characteristics and operating capacity.
6.6 The Seller shall be entitled not to go ahead with the withdrawal procedure if the Products are returned without their identification tags.
6.7 Furthermore, the withdrawal entitlement cannot be asserted if the:
- Products have been made to measure or customised;
- Products run the risk of deteriorating or going off quickly;
- sealed Products cannot be returned for reasons of hygiene or connected with health protection, and which have been opened after delivery;
- Products, after delivery, have been inextricably mixed with other goods;
- Products are made up of sealed audio or video recordings or sealed IT software, which have been opened after delivery.
Return times and conditions
6.8 Products that are subject to withdrawal must be returned to the Seller. In order to go ahead with the returns procedure, the Client shall undertake to send the Products back, within fourteen (14) days running from the date on which the Client sent the Seller the relative withdrawal form, to Diana E-Commerce Corporation S.r.l., Via San Daniele, 137/139, 35038, Torreglia (PD), with the withdrawal form available from this page. The Products returned can also be sent with the withdrawal form referred to in Article 6.3 foregoing hereto.
6.9 Payment of the costs incurred by returning the Products shall be charged to the Client.
6.10 You should, where possible, return the Products inside the packaging sent by the Seller.
Reimbursement times and conditions
6.11 Once the Products have been received, the Seller shall go ahead with the ascertainment procedure relative to the conformity of the same with the terms and conditions set forth in Article 6.
6.12 If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.
6.13 Whatsoever payment method was adopted by the Client, reimbursement shall be activated by the Seller, further to checking the correct execution of the withdrawal entitlement, in the shortest time possible and, in any case, within fourteen (14) days from the date on which the Seller received the withdrawal communication. Reimbursement may be suspended by the Seller until receipt of the Products or until the Client has proven that he has sent the Products back, if previous thereto.
6.14 The Seller shall perform the reimbursement using the same method of payment that had been used by the Client for the initial purchase, unless explicitly agreed otherwise. If there is no match between the recipient of the Products indicated in the order form, and the individual who paid for their purchase, reimbursement of the monies paid shall be made in favour of the individual who paid, unless agreed otherwise.
6.15 If the terms and conditions to assert the withdrawal entitlement are not complied with, as specified in Article 6, the Client shall not be entitled to reimbursement of the monies previously paid in favour of the Seller; however, the Client may be able to reobtain, at his own expense, the Products in the state in which they were returned to the Seller.
7 LEGAL GUARANTEE OF CONFORMITY
7.1 Besides the warranty provided for any faults in the goods sold, the Seller shall provide the Products with a legal guarantee of conformity, in compliance with what was envisaged in Heading III, part IV of the (Italian) Legislative Decree Law No. 206, dated 6th September 2005 (the so-called Consumer Code). Said warranty envisaged that the Seller shall be liable for any non-conformities in the Products sold, which arise within two (2) years from the Products’ delivery.
In order to take advantage of this guarantee of conformity, the Client, at the risk of forfeiting this right, must inform the Seller of any defect in the Product purchased within two (2) months of having found it.
In the case of any defect in conformity reported within the terms envisaged, the Client shall be entitled, at his own decision, to have the Seller repair the goods or replace them, without any costs being incurred in both cases, except when the remedy requested is objectively impossible or excessively burdensome compared to the other one. The Client shall also be entitled to request, at his own decision, an adequate reduction in the price paid or termination of the agreement, in those instances in which repair or replacement are impossible or excessively burdensome, the Seller has not repaired or replaced the goods within an adequate period of time or the replacement or repair, previously performed, has incurred considerable inconvenience for the Client.
If you wish to take advantage of the guarantee of conformity, you should keep and show the Product’s purchase documents
For more information concerning the consumer legal guarantee of conformity, the Client should consult the Consumer Code.
8.1 In relation to the Client’s personal data processing, reference should be made to the Information provided on Privacy.
8.2 In order to take advantage of specific services provided further to the Client’s request, information specifications shall be supplied as well as specific authorisation when personal data is collected, if necessary.
9 APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 The General Conditions of Sale are regulated by Italian Law and, in particular, by the provisions set forth in the (Italian) Legislative Decree Law No. 206, dated 6th September 2005, the "Consumer Code", with specific reference made to the provisions on the subject of agreements executed at a distance and by the (Italian) Legislative Decree Law No. 70, dated 9th April 2003, on some of the aspects concerning E-commerce.
9.2 In the case of any disputes arising, between the Seller and each Client, out of the General Conditions of Sale, the Client shall be entitled to access, by means of the link, https://webgate.ec.europa.eu/odr, the platform for settling online disputes supplied by the European Commission.
10 AMENDMENT OF THE GENERAL CONDITIONS OF SALE
10.1 The General Conditions of Sale may, at any time whatsoever, be amended by the Seller, even in relation to any legislative changes that might arise. The new General Conditions of Sale shall enter into force from the moment in which they are published on the Site. Clients are, therefore, invited to regularly access the Site to consult the most up-to-date version of them, prior to making any purchase
10.2 The General Conditions of Sale applicable to each agreement executed by the Client by means of the Site shall be those in force on the date on which the purchase was sent.
11 CUSTOMER CARE
11.1 If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:
- by e-mail: firstname.lastname@example.org;
- by post: Valentina Fradegrada Sagl, Via Gemmo 3, Lugano, Switzerland
Consultation of this web site may lead to the processing of data relative to the people identified or who may be identified by Valentina Fradegrada Sagl, in its capacity of data processing controller.
"Personal data" implies any information relative to a natural person, who has been identified or who could be identified, even indirectly, by means of reference to other information, including by means of a personal identification number.
Personal data “processing” implies any operation or group of operations, performed even without the assistance of electronic instruments, concerning the collection, registration, organisation, conservation, processing, amendment, selection, extraction, comparison, use, interconnection, blockage, communication, divulgation, cancellation and destruction of data, even if it has not been registered in a data bank.
To take advantage of the specific services provided further to the User’s request, information specifications shall be supplied and specific consent to personal data processing shall be requested where required.
The information is only provided for the Site and for the possible, relative under dominions, and not for any, other web sites that might be consulted by the User by means of hypertext links or links.
1. Personal Data Collector
The Data Collector is Valentina Fradegrada Sagl (hereinafter only “UpsideDownBikini” and/or the “Collector”), with offices at Valentina Fradegrada Sagl, Via Gemmo 3, Lugano, Switzerland
2. Type of processed data
The IT systems and the software procedures of the Website acquire some personal data during their normal operation because the transmission of data is implicit in the use of Internet communication protocols.
This information is not collected to be associated to a specific person but it might be processed and associated to data held by third parties in order to identify a User. This data category includes IP addresses or the domain names of the Users’ computer connecting to the Website, the URI (Uniform Resource Identifier) of the required requests, the times of each request, the method that is used to send the request to the server, the dimension of the reply file, the numeric code indicating the status of the server answer (i.e. successful, error, etc.) and other parameters relevant to the operating system and the User’s IT environment.
This data is utilized only for getting anonymous statistic information relevant to the use of the Website and to make sure that the Website works properly. In any case, the navigation data can be used to check for responsibilities in the event of IT crimes.
Personal data provided by the User
Explicitly and voluntarily sending an e-mail to the Website addresses implies that the receiver will acquire the data in order to answer the request.
For providing services upon the User’s request, such as the registration to the Website, the management of purchases without logging in, the subscription to the newsletter service and the sending of communication to the Data Collector through the Contact Form, specific information notes will be given in the related Website pages and, if needed, specific authorizations for the use of the personal details will be requested.
Social Sharing Buttons and widgets
The Website might be equipped with Social sharing buttons/widgets. These “keys” represent the social network icons such as Facebook, Twitter, Instagram, Pinterest and Google+ and they allow the User to interact with the relevant networks by simply clicking on the icon. By entering the social networks, the user can share content or recommend the Website products.
After clicking the Social sharing buttons/widgets, the social network might collect the data relevant to the User’s visit to the Website. As given in the introduction, this privacy information note does not consider the processing of the User’s personal data performed by social networks; if the User wants to have further information, he/she should refer to the privacy information note provided by the social networks.
Outside of cases where the User voluntarily shares his/her navigation data with the social networks choses by clicking on the social button/widgets, the Collector will not share or diffuse any detail of the User with the social network.
3. Collection of the Users’ personal data
Except for the information given above relevant to the navigation data and cookies, the User can provide his/her personal details when he/she sends an e-mail to the addresses given in the Website, and when he/she uses Social sharing buttons/widgets and when he/she requests of specific services of the Website.
Failure to provide the required data might lead to the impossibility of supplying the required services.
4. Method to process the data
The processing of data by the Data Collector is based on the principles of fairness, legality, transparency and the protection of User’s rights and confidentiality.
Personal data is processed manually and/or by means of electronic instruments or, in any case, automised only for the time that is strictly necessary to achieve the purposes for which it was gathered.
The Collector and the responsible part have adopted suitable security measures in accordance with the law to prevent the loss of Data, unauthorized access or improper or illegal uses.
The User’s data may be transferred to foreign countries (also extra-EU countries, such as USA), in compliance to the above-mentioned information.
5. Subjects responsible for and in charge of personal data processing
In order to achieve the purposes that the personal data is collected for, the Collector can appoint other responsible parties for processing the personal data such as IT service providers, i.e. direct marketing, internet service and cloud computing, subjects that are in charge of the warehouse logistics, as well as promotion, sale and delivery of the products and services of the Collector, customer care, companies and other subjects that provide customers with legal, fiscal, accountancy, financial, technical-organization, data processing and communication services. Subjects that provide bank services, i.e. financial, insurance and credit recovery services, controlled companies, subsidiaries, public authorities and supervising bodies.
In order to get the complete list of subjects responsible for personal data processing, the User can contact the Data Collector through the methods given in the following section 7 “The interested parties’ rights”.
At the same time, personal data may be known by other parties appointed by the Data Collector or by the Responsible Party for processing the data, such as the staff in charge of the execution of orders, the administrative staff, the customer care offices, the marketing department (if consent has been given) and other persons in charge of the supply of the services of the Website and the technical and commercial personnel.
No personal details collected from the Website are diffused.
If you would like more detailed information, it should be recalled that the Privacy Ombudsman, in performing his duties, might ask the Controller and the individuals appointed to process the data to provide and exhibit documents, pursuant to Article 157 of the Privacy Code.
6. Specific information relevant to the processing of personal data contained in the User Generated Content
The processing of data contained in the Authorized Contributions is carried out only after getting the specific authorization of the user and it is based on the principles of fairness, legality and transparency. Pursuant to article 13 of the Privacy code, we provide you with the following additional information: personal data will be processed according to the limits and methods given in the Privacy Code: i) for promotional, commercial and advertising purposes of Valentina Fradegrada Sagl and its products; ii) for publishing on the Website and other Valentina Fradegrada Sagl accounts on social channels such as Facebook and/or Instagram as well as for using the Contributions in promotional and advertising materials relevant to Valentina Fradegrada Sagl and its products iii) for the time which is strictly necessary to carry out these purposes; iv) on hardcopies and/or IT systems.
The provision of personal data is optional and, in the absence of the User’s consent, the Authorized Contributions containing personal data will not be published by UpsideDownBikini Collection.
7. The interested parties’ rights
In relation to the data provided, the individuals to whom the personal data refers – pursuant to Article 7 of the Privacy Code* – shall be entitled, at any time whatsoever, to obtain confirmation as to the existence or not of the data, in case of point, and to be able to find out what it contains and its origin, check the accuracy or ask for the same to be integrated, updated or amended. Pursuant to the same article, the interested party may ask for the data to be cancelled, transformed into anonymity or the blockage of any data that has been processed in breach of the law, as well as to raise opposition, in any case, for lawful reasons, its being processed.
In order to exercise the above-mentioned rights, the User will apply directly to the Data Collector, Valentina Fradegrada Sagl:
- by post: Via Gemmo 3, Lugano, Switzerland, or
- by e-mail: email@example.com
If you wish more information concerning the Privacy Code and how it is regulated, we recommend you visit the site of the Ombudsman who deals with the protection of personal data.
*CODE ON THE SUBJECT OF PERSONAL DATA PROTECTION
Art. 7. Right of access to personal data and other rights
1. The interested party is entitled to obtain confirmation as to the existence or not of the personal information that refers to him, even if it has not been registered yet, and its intelligible communication.
2. The interested party is entitled to obtain an indication as to the:
a) origin of the personal data;
b) purposes and processing methods;
c) logic applied in the case of processing being performed electronically;
d) details concerning the Controller, the handlers and representative appointed, pursuant to Article 5, paragraph 2;
e) individuals or categories of individuals to whom the personal data may be communicated or who may become aware of it in their capacity of representatives within the territory of the State, data processors or individuals in charge of processing.
3. The interested party is entitled to obtain the:
a) updating, amendment or, if he wishes, integration of the data;
b) cancellation, transformation, into anonymity or the blockage of data processed in breach of the law, including the information that does not need to be kept, in relation to proposes that required its collection or subsequently processed;
c) confirmation that the operations referred to in letters a) and b) have been brought to the attention, even with reference to the contents, to those to whom the data was communicated or divulged, except in the case in which the same would have been impossible or would have led to a use of means disproportionate to the right protected.
4. The interested party shall be entitled to raise opposition, either totally or partially:
a) for lawful reasons concerning processing the data that refers to him, even it pertinent to the reason it was collected;
b) the personal data processing that concerns him refers to sending advertising material, direct sales, market research or commercial communications.