GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter "General Conditions") are applicable to all sales of products (hereinafter "Products" or "Product") concluded remotely through the website www.sfumaturecreative.it (hereinafter, " Site "). The language available to conclude the contract through the Site is Italian and / or English. The Customer is required to carefully read the General Conditions made available on the Site, in order to allow their knowledge, storage and reproduction, pursuant to Article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70 ("Implementation of Directive 2000/31 / EC, hereinafter," Ecommerce Decree "). All contracts concluded through the Site are governed by these General Conditions and by Italian law, in particular by Legislative Decree 6 September 2005, n. 206 (hereinafter the "Consumer Code") as reformed by Legislative Decree 21 February 2014 n.21, with specific reference to the legislation on distance contracts concluded with consumers and by Legislative Decree 9 April 2003 n.70 on certain aspects concerning electronic commerce (hereinafter the "Ecommerce Decree").
2. Identification of the seller
The products purchased on www.sfumaturecreative.it are sold by:
73052 Parabita (LE) via Zara n. 7
Tel. +39 348 2400266
Customer Service e-commerce tel. +39 348 2400266
3. Information relating to the Products and their availability
The information relating to the Products, with the related product codes, are illustrated in detail on the Site. The essential characteristics of the products are presented within each product sheet. The graphic representation of the Products proposed on the Site, as well as the images and colors correspond to the photographic image of the Products themselves and have the sole purpose of presenting them for sale, without any guarantee or commitment by Sfumature Creative about the exact correspondence between the the image depicted on the Site and the actual Product. This applies, for example, to the chromatic aspects that may not correspond to the real ones, also due to the effect of the Internet browser or monitor used. All Products are subject to availability at the time. Sfumature Creative reserves the right at any time to vary the limits on the quantity and / or type of Products that can be purchased online on the Site. The style, models and colors of the Products described on the Site may be changed without notice. During the procedure for the conclusion of the contract, the Customer will be notified of any impossibility of proceeding with the order due to the unavailability of the ordered Product.
The prices of the Products are expressed on the Site in Euros and / or Dollars and are inclusive of all applicable taxes or duties. The delivery costs shown separately in the order form must be added to the prices of the Products, so the shopping cart procedure will eventually indicate the total cost, including the price of the Products purchased and transport costs, due by the Customer. Prices may be subject to updates, so the customer must ascertain the final sale price before submitting the related order. Nuances Creative constantly checks that all prices indicated on the Site are correct, without this, however, guaranteeing the absence of errors.
5. Conclusion of the contract
The information contained on the Site does not constitute an offer by Sfumature Creative. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions.
The Customer can purchase the Products present in the Sfumature Creative electronic catalog, illustrated in detail on the Site within the respective sections by product category, respecting the technical access procedures illustrated therein. Specifically, to conclude the contract, it is necessary to fill in the order form in electronic format and send it electronically to Sfumature Creative, following the relative instructions. The order form contains a link for approval of the General Conditions of Sale and a summary of the information on the essential characteristics of each Product ordered and the relative price (including all applicable taxes and duties), the means of payment and methods of delivery of the purchased Products, of the shipping costs, of the conditions for exercising the right of withdrawal and of the methods and times for returning the Products themselves. Before sending an order proposal, you will be asked to carefully read and approve cby ticking the relevant box the General Conditions of Sale, as they will be binding once the contract is concluded, as well as to print or keep a copy. If the Customer needs to correct any data entry errors, he must follow the appropriate modification procedure indicated on the Site, before submitting his order proposal.
The correct receipt of the Client's proposal is confirmed by Sfumature Creative by means of an automatic reply sent to the e-mail address supplied by the Client. This confirmation message will indicate an "Order Number", to be used in any subsequent communication with Sfumature Creative. The message will re-propose, in addition to the information required by law, all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Each order can be viewed by the Customer on the Site, in their personal area, immediately after sending the order.
Sfumature Creative has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation, in the event of non-acceptance of the order itself. . In particular, Sfumature Creative reserves the right not to accept purchase proposals and cancel orders which, by way of example, do not give sufficient guarantees of solvency or if - even following a comparison with the circuit that manages credit card payments - there are anomalies in the transactions and payment methods used by the Customer. In such cases, the order proposal sent by the Customer will not be accepted and must be deemed to be void of any validity and effectiveness. Sfumature Creative will send the Customer, by e-mail, a communication certifying the non-acceptance of the order proposal and the failure to conclude the contract, also taking care of the cancellation of any charges and / or expenses charged to the Customer. It is possible that occasional unavailability of the Products offered may occur. In this case, Creative Shades reserves the right to partially fulfill the order. In this case, only the amount corresponding to the partially fulfilled order will be charged.
The contract stipulated between Sfumature Creative and the Customer must be considered concluded only when the Customer receives confirmation from Sfumature Creative itself that his order proposal, sent in compliance with the purchase procedure indicated on the Site, has been accepted. The order confirmation is given to the Customer when the Products are delivered to the courier in charge of shipping.
6. Methods of payment
The Customer may pay the price of the Products and the related delivery costs by bank transfer, PayPal. Payments by credit card are charged to the customer upon completion of the order (direct accounting); in the event that for any reason the product is no longer available, the amount will be refunded to the Customer. In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the purchase process will be automatically canceled and the purchase canceled.
7. Transport, delivery and shipping costs
The Products purchased on the Site will be delivered to the address indicated by the Customer. No deliveries will be made to post office boxes. Purchases will be delivered by GLS express courier. As mentioned in art. 6, the mark constitutes a particular method of delivery for which a 2% increase is required which must be paid directly into the hands of the courier. Except in cases of force majeure or unforeseeable circumstances or for any other fact not attributable to Sfumature Creative, the Products will be delivered by the date indicated in the Product sheet or in the shopping cart procedure, where provided, or otherwise, however, at the latest by maximum term of thirty days from the date of conclusion of the contract. In the event that the Customer uses the shippers appointed by Sfumature Creative, the risk of perishing of the Products is the sole responsibility of Sfumature Creative itself, without prejudice to the fault and / or responsibility of the same shippers to whom the right of recourse is reserved. . Instead, the risk of loss is transferred to the customer if the latter chooses a courier other than those offered by Sfumature Creative. The same risk of perishing is borne by the Customer even in the case of sending the Returned Products carried out in the exercise of the right of withdrawal (if the Customer is a Consumer), without prejudice to his rights towards the carrier in charge of the return shipment. . In the event that the Customer finds dyears of packaging or packaging at the time of delivery by the carrier / shipper is required to immediately challenge the fact by affixing a "reserve" on the delivery receipt, being otherwise precluded from any subsequent exception with regard to the external characteristics of as delivered. A similar reservation will be made whenever the Customer wishes to reserve the right to analyze the product delivered by the carrier / shipper more calmly, being equally precluded from the possibility of subsequent disputes should a more detailed examination of the delivered goods prove to be damaged due to an act or fact attributable to the carrier / forwarder.
8. Right of withdrawal - Information
The Customer, if he is a Consumer (i.e. the natural person who purchases the Products for purposes unrelated to his commercial, craft, entrepreneurial or professional activity possibly carried out) has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days from the date on which, even through a designated third party, other than the carrier, has acquired physical possession of the Products or in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by him, has acquired physical possession of the last good. To exercise the right of withdrawal, it is necessary to inform Sfumature Creative of the decision to withdraw from the contract, by submitting an explicit declaration (for example a letter sent by post, fax or e-mail).
The communication must contain:
(a) the explicit manifestation of the decision to withdraw from the contract;
(b) progressive order number communicated by Sfumature Creative at the time of purchase confirmation;
(c) the unambiguous indication of the Products for which you wish to make use of the right of withdrawal, with specification of the item code, number / size; The addresses to send the communication to are as follows: Creative Shades Via Zara 7 73052 Parabita (LE) Tel. +39 348 2400266 Customer Service e-commerce tel. +39 348 2400266 Email: firstname.lastname@example.org
The online return procedure can also be used, accessible directly in the account of registered users (returns section), while for non-registered users it is necessary to access the request a new return section.
To meet the withdrawal deadline, it is sufficient to send the communication before the withdrawal period has expired. The Products must be returned to Sfumature Creative at the address mentioned above without undue delay and in any case within 14 (fourteen) days from the day on which the withdrawal from the contract was communicated. The deadline is met if the Customer sends back the Products before the expiry of the period of 14 (fourteen) days. The costs of returning the Products are charged to the Customer.
For the return of the Products, the Customer can also use the collection service by GLS express courier organized by Sfumature Creative. The service must be booked by contacting Sfumature Creative at the email address email@example.com specifying the date and address where the collection of the products will be made The service is available only for collection in the Italian territory and the choice of courier is made exclusively by Creative Shades.
The Products must be returned or delivered using a suitable container for transport (for example the packaging in which they were received), inserted in their original packaging, intact, unused, unworn, unwashed, undamaged and accompanied by the tag. identifier or label or seal attached. In particular, the Products must not show obvious signs of use, other than those compatible with carrying out a normal test of the article, so they must not bear any trace of prolonged use (more than a few minutes) exceeding the time necessary for a proof and must not be in such a state as not to allow resale.
Nuances Creative will not be able to accept the return if these conditions are not properly respected and if the label or sticker or seal is not intact and attached to the Products. Furthermore, the Customer will not be able to exercise the right of withdrawal in the cases provided for by art. 59 of the Consumer Code, by way of example in the case of customized products or sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and that have been opened after delivery. After verifying the correct execution of the terms and conditions indicated above, Sfumature Creative will activate the reimbursement procedure for all payments received from the Customer, including delivery costs (with the exception of costsadditional resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by Sfumature Creative, without undue delay and in any case within fourteen (14) days from the day on which it will be informed of the Customer's decision to withdraw from the contract.
The refund will be made using the same payment method used by the Customer for the initial transaction, unless otherwise agreed with the Customer who will not incur any costs as a consequence of this refund. For purchases made with cash on delivery, Sfumature Creative will refund by bank transfer. The actual time for crediting or returning the sums depends on the payment methods used, in any case the return payment order will take place within the aforementioned term. The refund may be suspended until Sfumature Creative has received the Products or until the Customer has demonstrated that he has returned the goods, whichever occurs first. The refund can also be confirmed by email. If the terms and conditions for exercising the right of withdrawal are not respected, there will be no right to reimbursement of the amounts already paid. Failure to accept the return will be communicated to the Customer by Sfumature Creative, via email, in the same manner and within the terms described above for acceptance. The Customer may, however, get back, at his own expense, the Products in the state in which they were returned to Sfumature Creative. Creative Shades will not be liable for reimbursement or compensation relating to Products shipped but never received by Creative Shades due to loss, theft or damage not attributable to Creative Shades. The Customer will be held responsible for the decrease in the value of the Products resulting from manipulation other than that necessary to establish their nature, characteristics and functioning.
The exercise of the withdrawal terminates the contract between Creative Shades and the Customer, without prejudice to the obligations to return the Products and reimbursement and all the others described here, as well as to terminate by right any ancillary contracts.
9. Exclusions of the right of withdrawal: customized products and other cases
The exercise of the right of withdrawal is excluded by law in the following cases:
• in the case of the supply of services (for example in the case of maintenance on Products etc., where provided) after the complete provision of the service when the execution has begun with the express agreement of the Customer, knowing as of now that in in this case the latter loses the right of withdrawal following the full execution of the contract by Sfumature Creative;
• in the case of the supply of Products or Services whose price is linked to fluctuations in the financial market that Sfumature Creative is unable to control and which may occur during the withdrawal period;
• in the case of supply of products made to measure or clearly personalized;
• in the case of supply of Products which risk deteriorating or expiring rapidly;
• in the case of the supply of sealed Products that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery;
• in the case of supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods;
• in the event that the Customer has specifically requested a visit by Sfumature Creative and its operators for the purpose of carrying out urgent repair or maintenance work, where foreseen. If, on the occasion of such visit, Sfumature Creative were to provide services in addition to those specifically requested by the Customer or Products other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional Products;
• in the case of the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
• in the case of supply of newspapers, periodicals and magazines;
• in the case of supply of digital content through a non-material support where the execution has begun with the express agreement of the Consumer, knowing as of now that in this case the Customer loses the right of withdrawal.
The right of withdrawal is therefore excluded, by way of example, in the case of orders for customized products, again for example by engraving the initials of the customer on the product. In this regard, the Customer also acknowledges that the graphic representation proposed on the Site may differ from reality: the images and photographs of the engraving may not reflect the actual appearance of the final product.
10. Legal guarantee of conformity, other legal guarantees and any guaranteescommercial aunts
The Customer, if he is a Consumer (i.e. the natural person who purchases the Products for purposes unrelated to his own commercial, craft, entrepreneurial or professional activity possibly carried out) has the right to avail himself of the legal guarantee of conformity provided for by the Consumer Code. If the Customer is a Consumer and has received goods with lack of conformity because:
• the goods are not suitable for the use for which they are intended,
• the goods do not conform to the description,
• the goods do not have the usual qualities of a good of the same type, also taking into account the particular nature of the good, has the right to the legal guarantee when the manifest defect within 2 (two) years from delivery.
In this case, the Customer is invited to contact Sfumature Creative in writing as soon as possible and in any case within the maximum deadline of 2 (two) months from the discovery of the lack of conformity, remembering that the guarantee is prescribed in any case in 26 ( twenty-six) months from delivery.
In this communication, the Customer (if a Consumer) may ask to exercise the legal guarantee rights of conformity, as follows. In particular, the Customer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to terminate the contract. At his choice, he can also ask to repair the good or to replace it, at no cost in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
For the above purposes, one of the two remedies should be considered excessively burdensome if it imposes unreasonable expenses on Sfumature Creative compared to the other, taking into account:
a) the value that the asset would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience to the Consumer.
Repairs or replacements will be made within a reasonable time from the request. As mentioned, the Customer may also request, at his choice, an appropriate reduction in the price or the termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively expensive;
b) Sfumature Creative has not repaired or replaced the goods within the appropriate term referred to above;
c) the replacement or repair previously carried out has caused significant inconvenience to the Customer who is a Consumer. In determining the amount of the reduction or the sum to be returned, the use of the property is taken into account in any case. After reporting the lack of conformity, Sfumature Creative may offer any other remedy available, with the following effects:
a) if the Customer has already requested a specific remedy, we remain obliged to implement it, with the necessary consequences in relation to the expiry of the appropriate term referred to above, unless the Customer accepts the alternative remedy proposed;
b) if the Customer has not already requested a specific remedy, he will be required to accept the proposal or reject it by choosing another remedy as indicated above.
Finally, we remind you that a minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
For the exercise of the legal guarantee of conformity, the Customer must contact the assistance at the following address: Sfumature Creative 73052 Parabita (PD), via Zara 7 Tel. +39 348 2400266 Customer Service e-commerce tel. +39 348 2400266 e-mail: firstname.lastname@example.org If the Customer is not a Consumer, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, so in the case of defects in the Products sold that make them unsuitable for use or that are such as to appreciably decrease their value, may request a reduction in the price or termination of the sale in the cases provided for by the same Civil Code and to this end must notify us of the presence of the defect within 8 (eight) days from its discovery, and in any case within 1 (one) year of delivery.
For this guarantee, the Customer can contact the same addresses as above. Except for the above, the possible presence of a conventional guarantee (so-called "commercial guarantee") for certain Products will be communicated on the Site, with the respective conditions, in the specific sheet of the Products themselves.
In such cases, for defects covered by the commercial guarantee, it will be up to the Customer to contact the after-sales service in the manner described in the conventional guarantee, showing the purchase receipt or invoice and the original packaging intact.
Finally, we remind you that with regard to any damage caused by the Product to thingsor people (damage caused by the use of certain footwear, etc.), the Consumer Code provides for the responsibility of the Producer pursuant to Articles 114 and following. In the case of damage caused to things, please note that it is refundable only to the extent that it exceeds the sum of 387 euros.
11. Errors or inaccuracies
Sfumature Creative undertakes to provide constantly updated information in the sections of the Site relating to the description and / or sale of the Products. However, the complete absence of errors cannot be guaranteed. The pages of the Site in question may contain typing errors, inaccuracies or omissions, for example relating to the price, availability of the Product and the information sheet of the Product itself. Nuances Creative reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to change or update information at any time without prior notice. In particular, if the price of a particular product is particularly higher or lower than the price normally applied on the market, or if exceptionally it is zero, the Customer is requested to report it so that the error can be corrected. In any case, Sfumature Creative reserves the right to notify the Customer if the requested product has an incorrect price, so it will correct the error and give the Customer the possibility to confirm whether he intends to proceed with the purchase at the correct price or if he intends to desist. .
12. Industrial and intellectual property rights
The nuanceurecreative.it site, the Sfumature Creative brand and all its other verbal and figurative trademarks, any other goods subject to intellectual and industrial property relating to the same and the site and the additional rights deriving from it are the exclusive property or licensed by '' use of Creative Shades, which is also the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog and, in particular, the photographs and other images for which it has obtained the authorizations necessary by the persons concerned, where requested and / or necessary and unless otherwise indicated. Consequently, the partial or total reproduction, on any type of support, the use of the elements that make up the Site and the catalog, their use and their transfer to third parties are formally prohibited. It is therefore forbidden to copy, disclose and modify the contents protected by copyright, registered trademarks or other intellectual and industrial property rights. The trademarks and logos of the platforms that grant payment tools, social networks, couriers and the like and any other logo not directly or indirectly attributable to Sfumature Creative are the property of their respective owners and are indicated on this Site for information purposes only to allow the '' execution of related services. Without prejudice to the foregoing, Sfumature Creative reserves the right to indicate trademarks of others in the exercise of the rights of exhaustion of the trademark and of industrial and intellectual property rights, or if this is necessary to be able to indicate and describe certain Products for sale or even when this it is necessary to indicate the destination of a product or service, in particular as accessories or spare parts, or finally in any other case this is permitted by law.
13. Site and user security
It is the aim of Creative Shades to make the use of the Site safe by all users and for this reason the cooperation of all users is required in the proper management of the procedures adopted and the data entered on the Site or otherwise managed through it. It is forbidden to post spam, develop or use applications harmful to the Site and its users, use the Site for illegal, deceptive, malicious or discriminatory purposes; undertake actions that may prevent, overload or compromise the correct functioning or appearance of the Site; insert false and / or invented and / or fictional data and / or of third parties other than the user / Customer, except in cases of legal representation, in the registration procedure necessary to activate the procedure for the execution of the this contract and related further communications; commit any other action that is detrimental to Sfumature Creative, its partners and users.
14. Nullity or ineffectiveness of the clauses
If a clause of these General Conditions is found to be null or ineffective, any nullity or ineffectiveness will not extend to the remaining clauses, which will therefore continue to remain valid and effective.
15. Heading of the articles of these General Conditions
The titles of the articles of these Terms Generatethey are for indicative purposes only and in no way limit the meaning or content of the relevant article.
16. Changes to these General Conditions
Sfumature Creative reserves the right to modify, at any time and without notice, the content of these General Conditions: the relationship will be governed by the text of the General Conditions published on the Site at the time the purchase order is sent by the Customer. The Customer is therefore invited to expressly read the text of these General Conditions always before sending the purchase order, in order to check the text updated at that time. Updates will be indicated in the header or at the bottom of the text with the date of the last update.
17. Failure to exercise a right
Failure to exercise a right by Sfumature Creative does not represent any waiver of action for the violation of the offenses found. Sfumature Creative therefore reserves the right to assert its rights in any case, within the terms granted.
18. Reference to sector regulations
Although not expressly derogated from these General Conditions, in addition to the Consumer Code for the respective field of application, express reference is made to the other applicable regulations with express, but not exhaustive, reference to the e-commerce Decree, as well as to the Privacy Code, to the Civil Code and other applicable sector regulations.
19. Applicable law
Italian law is applied to these General Conditions and to the services described therein, as well as Community legislation as far as pertinent and not integrated by Italian law. All services and information contained on the Site will be rendered in Italian. The mandatory provisions of the law, such as those provided for by the legislation for the protection of Consumers (Consumer Code) are automatically intended as derogations of the corresponding clauses of this contract, which however remains in force for all the remaining conditions that have not been derogated.
20. Complaints and out-of-court resolution tools for any disputes
The Customer can forward any complaints to the following addresses, Sfumature Creative will respond as soon as possible:
Sfumature Creative 73052 Parabita (LE), via Zara n.7
Tel. +39 348 2400266 Customer Service e-commerce tel. +39 348 2400266
In any case, for the resolution of disputes arising from the exact application of the contract it is possible to resort to the out-of-court dispute resolution procedures, referred to in part V, title II-bis, of the Consumer Code, before the mediation bodies on the matter. of consumption pursuant to Legislative Decree 4 February 2010 n. 28 and to the other ADR (Alternative Dispute Resolution) bodies indicated therein.
Sfumature Creative reminds in particular that the European Union has implemented a platform for the resolution of disputes arising online, so please consult this link: https://webgate.ec.europa.eu/odr or this address, which refers directly to the platform in Italian: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
21. Jurisdiction and competent court
Without prejudice to the above, in the event of any civil disputes arising from the interpretation, execution and resolution of these General Conditions and the resulting sales relationship, if the Customer is a Consumer, he can alternatively choose whether to contact the judicial authority of his domicile ( if different from Italy) or to the Italian judicial authority, in case of application of the 1968 Brussels Convention or Community Regulation 1215/2012 (formerly 44/2001). In the case of Italian jurisdiction, if the Customer is a Consumer, the mandatory territorial jurisdiction lies with the judge of the place of his residence or domicile, if located in the territory of the Italian Republic, pursuant to art. 66-bis of the Consumer Code. If, on the other hand, the Customer is not a Consumer, in the event of any civil disputes arising from the interpretation, execution and resolution of these General Conditions and the resulting sales relationship, the Italian judicial authority has exclusive jurisdiction and the Court is exclusively competent. of Lecce.
For further information and assistance on the Site or on how to purchase online, on orders and shipments, refunds and returns Regarding the products purchased, the Customer can always contact Sfumature Creative at the following e-mail address: email@example.com or at 348 2400266 from Monday to Friday from 08.30 to 13.00 and from 14.00 to 17.30.
Last update: April 2022