Terms and conditions
1. Website Owner and Seller
The website tessutifochicarmen.it is operated by Marchesini Chiara, with registered office at Via Caduti del Lavoro, 39, 43044 Collecchio (PR), Italy, registered with the Parma Chamber of Commerce under no. PR-03009710348, Tax Code MRCCHR97M46G337S, VAT No. 03009710348.
For the purposes of these terms and conditions, the commercial brand / trade name used is Fochi Carmen.
For any information, assistance or communication, the Customer may contact the Seller at the following email address: [email protected].
2. Scope of Application
These terms and conditions govern:
- the use of the website tessutifochicarmen.it;
- registration and creation of a user account;
- the online sale of products available on the website;
- payments, shipping, returns and the right of withdrawal;
- the liabilities of the parties, within the limits permitted by law.
3. Acceptance of the Terms
Any user accessing the website and using its features declares that they have read, understood and accepted these terms and conditions.
If the user does not intend to accept these terms and conditions, in whole or in part, they are invited not to use the website and not to make any purchase.
Before completing an order, the Customer must confirm acceptance of these terms and conditions by selecting the appropriate checkbox during the checkout process.
4. Product Information
Information relating to the products published on the website is provided as accurately as possible and includes, where applicable:
- material and composition;
- fabric width;
- washing instructions;
- price per meter or product price;
- any limitations to the right of withdrawal;
- availability and estimated production or shipping times.
5. Registration and User Account
Registration on the website is optional. Users may also purchase without creating an account, unless otherwise technically required by the website.
To register, the user must provide truthful, complete and up-to-date information. The user is responsible for the accuracy of the data entered and for any failure to update such data.
Login credentials must be kept with due care. The user is responsible for any use of their account, unless they can prove unauthorized use not attributable to them.
The Seller reserves the right to suspend or close accounts containing false, incomplete or clearly unreliable data, or accounts used in violation of the law or these terms and conditions.
6. Eligible Purchasers
Only persons who are 18 years of age or older may place orders on the website.
By placing an order, the Customer declares that they have the legal capacity required to enter into binding contracts.
7. Conclusion of the Sales Contract
To place an order, the Customer selects the desired products and adds them to the shopping cart.
Before submitting the order, the Customer may review and modify the entered data, selected products, shipping costs, payment method and billing and delivery information.
The sales contract shall be deemed concluded when the Customer receives the order confirmation by email at the address provided during the purchase process.
The Seller reserves the right not to accept incomplete, irregular or incorrectly paid orders, or orders for unavailable products. In such cases, the Customer will be informed without delay and, if payment has already been made, will receive a refund within the time limits required by law.
8. Prices
All prices indicated on the website are expressed in euro and are inclusive of VAT, where applicable, unless otherwise expressly indicated.
Shipping costs and any additional charges applicable are indicated separately before completion of the order.
The Seller reserves the right to change product prices on the website at any time. Any such changes shall not apply to orders already confirmed.
9. Payment Methods
Payment for products purchased on the website may be made using the methods made available from time to time on the checkout page.
9.1 Credit Card
Card payments are processed through the secure Stripe circuit, which handles transactions according to security standards suitable for protecting Customer data.
The following cards are accepted, subject to availability of the payment system: American Express, Diners, Discover, JCB, Maestro, MasterCard, PostePay and Visa.
The Seller does not directly store the Customer’s full card details, except where technically necessary and permitted by the payment provider.
9.2 Bank Transfer
If the Customer chooses bank transfer as the payment method, payment must be made using the details provided in the order confirmation and indicating the order number in the payment reference.
The details currently indicated in the document are as follows:
- Beneficiary: Fochi Carmen
- Bank: BPER
- IBAN: IT84E0538765690000000537631
- BIC: BPMOIT22XXX
9.3 Failure of Payment Authorization
If the card issuer, payment provider or banking system refuses or fails to authorize the payment, the Seller shall not be liable for any delay or failure to process the order.
10. Shipping and Delivery
The Seller ships within Italy and, where available, also abroad.
10.1 Shipping within Italy
For shipments within Italy, the cost indicated in the document is EUR 10.00 VAT included.
Delivery times are approximately 3 to 5 working days from dispatch of the goods, subject to unforeseen events, holidays, courier delays or force majeure.
10.2 International Shipping
For international shipments, costs and delivery times vary depending on the destination country, package weight, package volume and any customs-related charges.
For non-EU or non-EEA countries, any customs duties, local taxes or customs clearance charges shall be borne by the Customer, unless otherwise expressly stated.
10.3 Delivery Timeframes
Any delivery times indicated on the website are to be considered approximate only and are not binding, within the limits permitted by law.
If delivery is not made within 30 calendar days from conclusion of the contract, unless otherwise agreed by the parties, the consumer Customer may request that the Seller deliver within an additional period appropriate to the circumstances and, failing that, may terminate the contract with the right to a refund of any amounts already paid, in accordance with applicable law.
11. Custom-Made Products and Products Excluded from Withdrawal
Pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal does not apply to goods made to the Customer’s specifications or clearly personalized.
This category includes, by way of example and without limitation:
- made-to-measure garments;
- products manufactured upon the Customer’s specific request;
- fabrics cut by the meter or cut according to the Customer’s specific instructions;
- fabrics not available in stock and ordered specifically at the Customer’s request.
12. Consumer Right of Withdrawal
If the Customer purchases as a consumer, they have the right to withdraw from the contract, without giving any reason, within 14 days from the day on which they, or a third party designated by them other than the carrier, acquire physical possession of the goods.
The right of withdrawal is excluded in the cases provided for by law and, in particular, for personalized or custom-cut products as indicated in the previous article.
To exercise the right of withdrawal, the Customer must send an explicit communication within the above term to the following email address: [email protected], indicating at least:
- first and last name;
- order number;
- product or products for which they intend to exercise the right of withdrawal;
- any purchase documentation.
13. Return of Products in Case of Withdrawal
In the event of a valid exercise of the right of withdrawal, the Customer must return the products within 14 days from the date on which they communicated their decision to withdraw.
The products must be returned intact, unused, unwashed, undamaged, complete with any accessories, tags, original packaging and any complimentary items received, insofar as reasonably possible.
Unless otherwise agreed or unless the product is damaged / non-conforming, return shipping costs shall be borne by the Customer.
Return address: [INSERT CORRECT AND UNIQUE RETURN ADDRESS]14. Refund in Case of Withdrawal
In the event of a valid exercise of the right of withdrawal, the Seller shall reimburse the Customer for all payments received from the consumer, including any standard delivery costs where applicable, without undue delay and in any event within 14 days from the day on which the Seller is informed of the consumer’s decision to withdraw from the contract, without prejudice to the Seller’s right to withhold the refund until the goods have been received or until the consumer has supplied evidence of having sent back the goods, whichever is earlier.
The refund shall be made, where possible, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed.
The Seller may withhold reimbursement until the goods have been received or until the Customer has supplied proof of return shipment, whichever occurs first.
15. Damaged Products upon Delivery
The Customer is required to inspect the products upon receipt.
In the event that a product is damaged before delivery or received in a condition that does not conform to the order, the Customer is invited to report the issue without delay, preferably within 14 days of receipt, by writing to [email protected] and attaching photographic documentation where possible.
In verified cases of damaged products or products delivered in a condition not in conformity with the order, the Seller shall, as appropriate, provide replacement of the product, a refund or any other remedy provided by law, at the Seller’s expense.
These provisions regarding damaged products do not limit or replace the Legal Guarantee of Conformityset out in the following article.
16. Legal Guarantee of Conformity
All products sold through the website to consumers are covered by the Legal Guarantee of Conformityprovided for under Articles 128 et seq. of the Italian Consumer Code.
The Seller shall be liable to the consumer for any lack of conformity existing at the time of delivery of the goods and becoming apparent within 2 years from delivery.
The consumer must report the defect within 2 months from discovery, subject to any more favorable legal provisions applicable at the time of the claim.
In the presence of a lack of conformity, the consumer is entitled, in the cases provided by law and free of charge, to the restoration of conformity of the goods by replacement or, where the legal conditions are met, to an appropriate reduction in price or termination of the contract.
The guarantee does not cover damage or defects resulting from:
- improper use of the product;
- washing, treatment or storage not in accordance with the instructions provided;
- cuts, alterations or processing carried out by the Customer or third parties after delivery;
- normal wear and tear of the product, where applicable.
17. Intellectual Property and Website Content
All content on the website, including by way of example texts, images, photographs, descriptions, trademarks, logos, designs, graphic layout and distinctive signs, is the property of the Seller or of the respective right holders and is protected by applicable law.
Any reproduction, distribution, publication, modification, extraction, reuse or exploitation, in whole or in part, of the website content without authorization is prohibited.
The user may use the website content exclusively for personal and non-commercial purposes, unless prior written authorization has been granted by the owner.
18. Use of the Website and Limitation of Liability
The Seller adopts reasonable measures to ensure the proper functioning of the website, but does not guarantee that the website will always be available, error-free, continuously accessible or free from viruses, malware, interruptions or technical incompatibilities.
The Seller shall not be liable for service disruptions, interruptions, delays or malfunctions attributable to third parties, telecommunications networks, external service providers, maintenance events, technical updates or force majeure.
The user undertakes to use the website lawfully, correctly and in compliance with applicable law, and shall hold the Seller harmless from any damages, costs or claims arising from improper, unlawful or unauthorized use of the website.
In all cases, the Seller’s liability shall remain unaffected where mandatory provisions of law apply, especially those protecting consumers.
19. Links to Third-Party Websites
The website may contain links to third-party websites or services.
Such links are provided solely for the convenience of the user. The Seller does not control nor necessarily endorse the content of such websites and shall not be responsible for their content, operation, availability or the related commercial and data processing policies.
20. Privacy and Cookies
The processing of users’ and customers’ personal data is carried out in compliance with the applicable data protection legislation.
Information relating to purposes, methods, legal basis, retention periods, rights of data subjects and the use of cookies is contained in the Privacy Policy and Cookie Policy published on the website, which are to be considered an integral part of these terms and conditions.
21. Force Majeure
The Seller shall not be liable for delay or failure to perform its obligations where this depends on events beyond its reasonable control, including, by way of example:
- natural disasters;
- fires, floods, wars, riots or extraordinary events;
- orders or measures of public authorities;
- interruption of IT, energy or telecommunications services;
- strikes, carrier delays or shortage of raw materials;
- defaults of third parties not attributable to the Seller.
22. Communications
Any communication relating to these terms and conditions, orders, returns, complaints or assistance may be sent to:
- Email: [email protected]
- Postal address of the owner: Marchesini Chiara, Via Caduti del Lavoro 29, 43044 Collecchio (PR), Italy
23. Applicable Law
These terms and conditions, the use of the website and the sales contracts concluded through the website shall be governed by Italian law, with particular reference to Legislative Decree No. 206/2005 (Italian Consumer Code) and Legislative Decree No. 70/2003 (implementation of the rules on electronic commerce), where applicable.
For all matters not expressly provided herein, reference shall be made to the applicable Italian legislation in force.
24. Competent Court
For any dispute concerning the interpretation, execution or validity of these terms and conditions or of contracts concluded through the website:
- if the Customer acts as a consumer, jurisdiction shall lie with the court of the consumer’s place of residence or domicile, if located in Italy;
- in all other cases, exclusive territorial jurisdiction shall lie with the Court of Parma, unless otherwise provided by mandatory law.
25. Online Dispute Resolution (ODR)
Consumers residing in Europe are informed that the European Commission provides an online platform for the resolution of disputes relating to online sales and service contracts.
The ODR platform is available at the following address: https://webgate.ec.europa.eu/odr
26. Final Provisions
If any provision of these terms and conditions is found to be invalid, null or unenforceable, this shall not affect the validity of the remaining provisions, which shall remain fully valid and effective.
Any failure by the Seller to exercise a right shall not constitute a waiver of that right.
These terms and conditions may be amended at any time. Any amendments shall take effect from the date of publication on the website and shall not apply to orders already concluded before that date.