A) These general terms and conditions of sale and use of the website identified below (hereinafter, for the sake of brevity, the “General Conditions”) apply and regulate all online sales of products (hereinafter referred to as “Products” or “Product”) by Modestyler, with registered office in CH:TI, Lugano, Piazza Cioccaro 4 , email: email@example.com, (hereinafter, for the sake of brevity, “Modestyler”), through its IT platform accessible through the domain #URL and any future mobile applications (considered together or separately, below, for brevity, the “Site”).
B) The General Conditions may be subject to change and the date of publication of the same on the Site is equivalent to the date of entry into force.
C) The General Conditions regulate the purchases made on the Site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003 on e-commerce and distance selling.
D) The use of the Site and the transmission of the purchase order is allowed only to subjects who:
2. have read and accepted the General Conditions by flag of the appropriate box on the Website;
3. they are of the quality of consumers in accordance with the Consumer Code, meaning as such the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out;
4. are adults,
5. have the residence or the domicile and request the delivery of the Products in Europe.
1. Scope of application
1.1 The General Conditions regulate all distance sales carried out by Modestyler in favor of the User of the Products indicated and offered for sale on the Site. The single sales contract ends only in electronic form, by accessing the User to the Site, the acceptance by the latter, through the affixing of the flag (hereinafter, for brevity, “point and click”), of the contractual conditions of Modestyler and the realization of a purchase order according to the procedure provided by the Site accepted from Modestyler.
Before entering into a sales contract, the User is aware and unconditionally accepts that his / her negotiation declarations, the acceptance of the General Conditions as well as the conclusion of the contract are validly in electronic form also through point and click and / or for facts conclusive (such as, for example, the payment and taking over of the Products by the User ).
1.3. The User has the possibility, and it is advisable that he does so, to download and archive the General Conditions by accessing the specific section of the “General Conditions” Site and also through the link indicated in the order confirmation of Modestyler.
1.4 The applicable General Conditions are those in force on the date of submission of the order referred to in Article 3 below.
2. Pre-contractual information and conclusion of the contract
2.1 The User, prior to the conclusion of the purchase contract, examines the characteristics of the Products that are illustrated in the individual product sheets at the time of choice by the User. Modestyler undertakes to describe and present the items sold on the Website in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are only representative.
2.2 With the transmission of the purchase order, the User declares to have received through the Site, before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the following information concerning:
– the identity and contacts of Modestyler;
– total price of the Products inclusive of taxes, with, if applicable, the details of shipping costs and any other costs;
– the payment obligation and the payment methods;
– the period within which Modestyler undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (article 7 of the present conditions) as well as a withdrawal form as per Annex I, part B of Legislative Decree 21/2014;
– information that the User must bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods;
– if applicable, after-sales assistance conditions and commercial guarantees provided by Modestyler.
2.3 The User may at any time and in any case before the conclusion of the contract, be aware of the information relating to the identity of Modestyler, information that is reported, including below:Modestyler
Piazza Cioccaro 4
6900 – Lugano
2.4 In accordance with the Electronic Commerce Rules, Modestyler informs the User that:
b. before proceeding with the transmission of the order form, the User will be able to identify and correct any errors in data entry, following the instructions indicated on the Site from time to time and which will accompany the various phases of the purchase;
d. the purchase order will be filed in the Modestyler database for the time necessary to process the order and, in any case, according to the law.
3. Terms and conditions of sale
3.1 The offers published on the Website are available in limited time and with limited quantities of Products. The validity date of the offers is indicated on the Website.
3.2 All prices indicated on the Website are expressed in Euros (€), Pounds (£) and Dollars ($) and are inclusive of VAT. Likewise, delivery costs (at the address) are explicitly indicated therein and include VAT. This amount will be shown separately on the order form prior to submission and on the order confirmation e-mail.
3.3 The price of the Products may be changed without notice, provided that the price charged to the User will be the one published on the product sheet at the time the order is transmitted.
3.4 Products can be sold at discounted prices. The discount percentage indicated in the product sheet is calculated with respect to the price of listing commonly practiced to the public as indicated by the manufacturer or as resulting from market surveys. In any case, the reference price referred to above is only an indication of the value of the product and in some businesses the actual price may be different.
3.5 The Products will remain the property of Modestyler until payment of the purchase price and expenses by the User has been made.
3.6 Modestyler will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
3.7 Modestyler reserves the right to refuse orders from Users who do not give sufficient guarantees of solvency or with which pending disputes are pending.
4.1 The Products offered on the Site are limited in number and may run out before the expiry of the offer. It may therefore happen that the ordered Product is no longer available even after sending the order confirmation e-mail sent by Modestyler. In case of unavailability of the ordered Product, the User will be promptly informed by e-mail and the purchase order will be canceled. Modestyler undertakes, at the discretion of the User, to replace the ordered Product with a new supply or to reimburse the sum paid by the User within the term of 14 (fourteen) days from the order. The amount of the refund will be communicated by e-mail and credited via the same payment method used by the User, unless otherwise agreed between the parties.
4.2 Modestyler declines all responsibility for any delays in crediting the refund that depend on the payment method used by the User, by the Modestyler bank itself or by the Registered Bank.
5.1 Deliveries are made in Europe only, to the postal address indicated by the User in the purchase order, while the territories of Campione d’Italia, Livigno, San Marino and Città del Vaticano are explicitly excluded. It is understood that the address indicated by the User in the purchase order is considered for shipping address and that this can not be modified in any way after the completion of the purchase process. The User is solely responsible for the address provided for shipping. In order to avoid fraud, the carrier in charge of the delivery reserves the right to check the identity of the User by checking an identity document, which demonstrates the coincidence of the order and payment data. For the same purpose, the User must provide a telephone number – preferably mobile – that may be used during the transaction or shipment, as well as the indication of the name on the intercom or bell at the delivery address.
5.2 Delivery times are those indicated during the purchase process. In the case of omitted indication of a specific delivery date, it will take place no later than 30 (thirty) days from the confirmation of the order by Modestyler.
5.3 Upon delivery of the Products to the appointed carrier, an e-mail confirming the shipment will be sent to the User containing, where possible, the tracking code with which to check the shipment status on the carrier’s website. Deliveries will be made from Monday to Friday, during normal office hours, excluding holidays.
5.4 Delivery is deemed completed when the Product is made available to the User at the address specified in the purchase order. No delivery to the floor.
5.5 In case of impediments to delivery due to force majeure, Modestyler can not be held responsible in any way.
5.6 In the event that the Product is not delivered or is delivered late, the User may submit a complaint to Modestyler by e-mail to the following e-mail address: firstname.lastname@example.org, indicating the number and date of the order as reported in the order confirmation e-mail in addition to data on the invoice where it was issued. Modestyler will examine the complaint and communicate the result to the User as soon as possible and in any case within 30 (thirty) days from the date on which the complaint was filed. If it appears that the non-delivery or delay in the same is attributable to Modestyler and are not due to the impossibility of delivering already settled previously, fortuitously or force majeure:
- in case of non-delivery, Modestyler will proceed to reimbursement of sums paid by the User, as soon as possible and in any case within 30 (thirty) days from the date of filing the claim. The reimbursement amount will be communicated by e-mail and credited via the same payment method used by the User, unless otherwise agreed between the parties, or by voucher. However, it is understood that Modestyler declines all responsibility for any delays in crediting the reimbursement that depend on the management system of the payment method used by the User, by the Modestyler bank itself or by the User’s bank. The possibility of the User to adhere to the current commercial offers remains unaffected;
- in case of delivery with a delay of more than 30 (thirty) days compared to the specific delivery term indicated on the Site or, when this is not present, with respect to the maximum term of 30 (thirty) days from the one following the dispatch of the order. If the User still wishes to retain the purchased Products, Modestyler will proceed with the reimbursement of any sums paid by the User for shipping costs, as soon as possible and in any case within 30 (thirty) days from the date of presentation of the complaint. If, however, the User does not wish to retain the Products, the preceding paragraph will apply.
6.1 The User who has purchased Products through the Site has the right to withdraw from the contract concluded with Modestyler, without any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt by the User or a third – different from the carrier and specifically designated by the User during the purchase process of the Product – by which means the date of delivery of the last product, in the event that the products subject of the supply are delivered within the scope of a delivery. To exercise the right of withdrawal, the User is required to inform Modestyler of his decision to withdraw from the contract concluded with an explicit declaration in any form, sent via email to email@example.com or filling the form inside the ‘Returns and refunds‘ page.
To this end, the User may use the withdrawal form provided for in Annex I, Part B, D.Lgs 21/2014 available in the appropriate section of the Site called ‘Returns and refunds‘,
The use of the aforementioned withdrawal form is optional and not mandatory and the declaration can be in any form. In this declaration, the User must in any case indicate the order number as reported in the order confirmation e-mail and the order date, in addition to data relating to the invoice where it was issued. The User must return to Modestyler by direct delivery or shipment, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 (fourteen) days from the date of communication of withdrawal, the Products purchased, accompanied by any accessories. The products must be sent according to the directive sent by e-mail to the address highlighted and specifying the return identification number. Should the return be sent to a different address or if the return ID of Modestyler is missing, it will no longer be able to guarantee management in the times specified above.
The deadline is met if the User sends the Product back before the expiration of the period of 14 (fourteen) days from the date of communication of the withdrawal. For any information contact Modestyler by e-mail to the e-mail address: firstname.lastname@example.org.
6.2 The substantial integrity of the Products to be returned constitutes the necessary condition for the exercise of the right of withdrawal. The Products must not have been damaged and / or altered. The User is responsible for the decrease in the value of the goods resulting from a handling of the Products other than that necessary to establish the nature, characteristics and functioning of the same. To this end, it is advisable to return the Products appropriately packaged in their original packaging or in packaging equally suitable for transport.
6.3 For the exercise of the right of withdrawal it is not required that the goods to be returned be insured against theft and accidental damage by transport. However, since the risk inherent in the return of the goods weighs on the purchaser, Modestyler invites the buyer who intends to exercise the right of withdrawal to insure, at its own expense, the shipment for the value indicated in the e-mail order confirmation of purchase.
6.4 Without prejudice to the points 6.1, 6.2, 6.3 above, Modestyler will proceed to reimbursement of the amounts paid by the User, this also means the costs related to delivery – without undue delay and in the shortest possible time and, in any case, within 14 (fourteen) days from the date on which Modestyler became aware of the exercise of the right of withdrawal by the User; reimbursement may be suspended until receipt of the Product or until the User demonstrates to have returned the Product, if previously. Modestyler is not obliged to reimburse the surcharges and / or extra non-standard delivery costs that the User may have paid in addition to those of the ordinary delivery service. The refund amount will be communicated by e-mail and credited via the same payment method used by the User or by voucher, at the discretion of the User. It is understood that Modestyler declines all responsibility for any delays in crediting the reimbursement that depend on the payment method used by the User, by the Modestyler bank itself or by the Registered Bank. The possibility of the User to adhere to the commercial offers in progress remains unaffected.
6.5 The right of withdrawal is excluded in the event that the sale relates to tailor-made or customized products or which by their nature can not be returned or are liable to deteriorate or expire rapidly.
7.1 The payment of the Products purchased on the Website is made through PayPal and credit card. Modestyler accepts the credit cards of the Visa, Mastercard and American Express circuits.
7.2 For greater security, only payment service providers have access to payment data, while Modestyler has no possibility of knowing or storing such data. Specifically, with regard to credit card transactions, card data is not stored on Modestyler computer systems. The management of sensitive data is taken care of by the subjects that deals with payment services and Modestyler has no possibility to know or save data.
7.3 At the time the order is placed, no credit card will be charged to the credit card used by the User for payment. The charge will be made only after the conclusion of the contract and after (a) the credit card details used by the User for payment have been verified and (b) the credit card company used by the User will have issued the authorization to debit.
7.4 The sales operations of Modestyler are not subject to the obligation to issue the invoice, nor to the obligation of certification by issuing the receipt or the receipt. The User will receive an e-mail confirming the summary order of the same. If the User requests the issuance of the invoice, the same is required to indicate it and communicate the data for the header where required during the purchase process. The summary – or, where required during the purchase process, the invoice – of each purchase will be available in the “Your account – Your orders” section. It is understood that the invoice issue request during the purchase process of a specific Product does not involve the automatic issuance of the invoice for subsequent purchases.
7.5 In case of non-payment, Modestyler will charge the costs related to the management of the outstanding payment to the User and will refuse the relative purchase order, by communicating it by e-mail.
8. Guarantees and non-conformity of the products
8.1 The description of the Products offered on the Website has been drafted by Modestyler to offer the User the greatest amount of information possible to evaluate the Product on the basis of what the suppliers, under their own responsibility, have communicated to Modestyler. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and / or tools used for their visualization. Modestyler is not responsible for the mismatch between the ordered Product and the description of the Product present on the Website, in the event that the mismatch derives from errors in the description attributable to the supplier and of which Modestyler was not and could not be aware of the use of normal diligence.
8.2 All Products sold on the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (hereinafter, for the sake of brevity, the “Legal Guarantee”). The Legal Guarantee applies to all purchases made on the Site. In detail:
- in case the User considers that one or more Products are defective, within 2 (two) months from the discovery of the defect he must contact the Customer Service by e-mail at the following e-mail address: email@example.com and send a registered letter to the registered office of Modestyler by registered mail: Modestyler, CH:TI, Lugano, Piazza Cioccaro 4 , reporting in detail the problem encountered. In this case, the User must, at his own expense and expense, arrange for the return of the resealed product and its accessories to Modestyler within 5 (five) days of its notification. If Modestyler establishes the existence of the defect reported attributable to it, it will provide within a reasonable time from receipt of the complaint of the User, to perform the replacement or repair of the defective Product or, if accepted by the User, to issue favor of the latter a discount voucher equal to 100% of the value of the Product and the costs incurred by the User for the return, to be used for the purchase of another Product available on the Site.
In the event of coverage of the guarantee referred to in points a), b) and c), the reimbursement by Modestyler will also include any return costs incurred by the User.
8.3 The Products in any way altered by the User are excluded from the Legal Guarantee. Any defects due to accidental or liability of the User are also excluded from the scope of the Legal Guarantee.
8.4 The conventional guarantees relating to the Products sold are those supplied directly by the manufacturer.
9. Duties and responsibilities of Modestyler
9.1 Modestyler undertakes to correct all errors in the description of the Products offered on the Website, in the shortest possible time, starting from the notification of the same. The reporting of such errors can be made by contacting Modestyler Customer Service at the addresses indicated in the introduction.
9.2 Modestyler is not responsible in case of damage, of any kind, deriving from the use of the Product improperly and / or not in compliance with the instructions provided by the manufacturer and in case of damages deriving from unforeseeable circumstances or force majeure.
9.3 Modestyler will not be liable in the event of loss of profit, loss of revenues, profits, data or any other indirect and consequential damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.
9.4 The responsibility of Modestyler, in any case, can not be higher than the total value of the purchase order.
9.5 Under no circumstances shall Modestyler be held liable for any failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions in the event that the breach is caused by accident and / or force majeure, including purely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
10. Suspension of the service
10.1 Modestyler reserves the right to temporarily suspend, without any prior communication, the operation of the Site for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the services offered.
10.2 Modestyler may, at any time, interrupt the service if there are justified reasons (security or breaches of confidentiality or anything else), in this case giving notice to the User.
11. Modification of the methods of sale and / or termination of the sale on the Site
11.1 Modestyler reserves the right to modify the methods of sale of the Products on the Website and / or to cease the sale of the Products on the Website.
11.2 Modestyler can not in any way be held liable to the User or third parties for such modifications and / or if the Products on the Site cease to be sold.
12. Site content and intellectual property rights
12.1 Intellectual and / or industrial property rights on the contents of the Site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, the logos and any other material, in any format, including the menus, the web pages, the graphics, the colors, the diagrams, the tools, the characters and the design of the Site itself, the diagrams, the layout, the methods, the processes, functions and software, are the exclusive property of Modestyler and the other respective owners. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Site is forbidden unless previously authorized in writing by Modestyler. It is also forbidden to use the contents of the Website for commercial and / or advertising purposes.
12.2 All the other distinctive signs that distinguish the Products sold on the Website are registered trademarks of their respective owners and are used
by Modestyler by virtue of a license, for the sole purpose of distinguishing, describing and advertising the Products for sale on the Website. Any use of the above mentioned non-compliant and unauthorized trademarks is prohibited. It is in no way allowed to use any distinctive sign on the Site to take unfair advantage of the distinctive character or reputation of these or in a manner that would harm them and their owners.
12.3 In no case may the User alter, modify, modify or adapt the Site, nor the material made available by Modestyler.
13. Discount coupons
13.1 Modestyler offers the possibility, at its sole discretion, to receive discount vouchers. Discount coupons can be distributed by Modestyler to its actual or potential customers, for promotional or commercial purposes, in electronic or paper form, directly or through third-party partners; by way of example, the discount vouchers can be granted at the time of registration, or after registration and the first purchase of a new User invited by an existing User. Discount vouchers entitle the beneficiary to access the discount associated with them, with the limits described for each individual discount voucher.
13.2 The validity and value of the discount voucher are specified at the time the voucher is issued. In the case of discount coupons offered by Modestyler for a specific offer, these vouchers can not be used for other offers. In any case, the discount coupons must be used by the expiry date specified at the time of issue.
13.3 Discount vouchers are not transferable or transferable. Discount vouchers are not convertible into cash or accrue interest on them.
13.4 Discount vouchers can not be used to pay shipping costs.
13.5 Modestyler reserves the right not to accept discount vouchers for orders with an amount lower than a minimum amount specified at the time of issue of the discount voucher.
13.6 In the event that the amount of the discount voucher exceeds the purchase amount, Modestyler will not reimburse, nor re-credit the remaining amount to the User.
13.7 In the event that the User’s order exceeds the value of the discount voucher, the difference in amount can be paid by the User using the normal means of payment referred to in Article 8 above.
13.8 Modestyler reserves the right to accept only one voucher per order.
13.9 In the event of returns following exercise of the right of withdrawal pursuant to art. 7, the discount coupons will not be refundable.
14. Processing of personal data
15.1. Modestyler is the exclusive owner of the Site and of all its content, both as a whole and divided, including, but not limited to, documentation, images, photographs, drawings, logos, characters, figures, music and sounds, software, methods, processes, codes, written contents, web pages, including menus and buttons. The material included on the Website is protected by the rules on copyright, industrial property rights, databases and the rules on unfair competition.
15.2. Modestyler is also an official licensee of the logo and registered trademark.
15.3 It is expressly forbidden to reproduce, modify, transmit, republish, redistribute it to third parties for any purpose and in any form, without the prior express written consent of Modestyler, the Site and its contents, both on the whole and partially .
15.4 By accessing the Website, end users expressly accept that the laws and regulations of the Italian State apply to all matters pertaining to the use of the Website. Modestyler does not guarantee that the content of this Site complies with the legislation of other countries. The end customers who choose to access the Site from foreign countries will therefore have the burden of verifying that the contents of the Site are legal in their country and will be solely responsible for compliance with local laws.
15.5 Modestyler has adopted, according to the state of the art and technology, all necessary and reasonable precautions in order to guarantee the accuracy of the information publishedOn the Site. In any case, Modestyler declines all responsibility for any typographical errors and / or technical defects, inaccuracies or inaccuracies that may be contained in the Website and in relation to which any correction is expected following notification.
15.6 Modestyler reserves the right to modify the Website at any time and without notice and disclaims any responsibility for interruptions or malfunctions of the Website due to technical causes or related to problems of the end customer’s browser (including, but not limited to) not exhaustive, the deactivation of the so-called cookies, the block of pop-ups, the not enabling of the java script software or similar.
15.9 Modestyler informs end customers that they have taken all necessary security measures, according to the state of the art and technology, in order to ensure the integrity of traffic and electronic communications data and in such a way as to minimize the risks a) destruction or loss, even accidental, of data, b) unauthorized access or c) processing not allowed or not compliant with the purposes of collection in the personal data protection regulations.
15.10 The security of communications sent over the internet (including via email) is subject to numerous factors beyond the control of Modestyler. Modestyler can not therefore guarantee the security or confidentiality of any electronic communication and can not be held responsible towards the end customer for any loss or damage that the end customer may suffer as a result of the transmission of such communications.
15.11 With access to the Website, the end customer undertakes to verify that his / her computer is equipped with devices suitable for the purposes referred to in paragraph 4, and in particular periodically updated antivirus systems. The end customer also undertakes to verify that his system is equipped with appropriate measures and periodically updated, according to the best knowledge of the technique, for the security of data transmission on the network.
16. Final clauses
The premises are in effect an integral part of the General Conditions.
Failure to exercise a remedy in the event of a default by the other party to this contract or a right does not constitute a waiver of such remedy or right in the future.
Any changes or additions must be made in writing, under penalty of nullity.
The General Conditions and the purchase and sale contracts of the Products according to the same are governed by Italian law.