CONDITIONS OF USE AND SALE OF FESTA LAB SRL
Welcome to robertofesta.it (hereinafter referred to as “Site”). The use of this Site is subject to compliance with the following General Conditions and therefore we invite you to read these General Conditions carefully before using the Site or ordering the products (hereinafter referred to as "Products") on the Site itself.
We inform you that, by using the Site or ordering the Products contained therein, you agree to be bound by these General Conditions. We invite you to print a copy of these General Conditions for future consultation.
We remind you that the use of this Site and our business relationship with you is also governed by the following documents:
Right of withdrawal – information on the conditions governing the withdrawal and / or return of products purchased on the Site.
If you do not want to fully accept these General Conditions, you cannot use this Site or order Products on it.
These General Conditions do not affect the rights attributed to you by the legislation applicable to consumers. We are required by law to provide Products that comply with the sales contract.
We remind you that if you need more information you can always contact the Seller by e-mail at the following address: firstname.lastname@example.org.
This Site is managed by Festa Lab s.r.l. (the "Seller"), with registered office in Italy, Milan (MI), 20121, Corso Venezia n. 21, VAT number 06560181213 n. REA NA-822443
We inform you that the products purchased on robertofesta.it are sold directly by Festa LAB s.r.l. (the "Seller").
- OUR TRADE POLICY
1.1 The Seller sells the products on robertofesta.it and carries out its e-commerce activity exclusively towards its end users, the "Consumers".
1.2 "Consumer" means any natural person who acts on robertofesta.it for purposes not related to his possible commercial, entrepreneurial or professional activity or legal person that is not limited to the resale of goods purchased on robertofesta.it. Therefore, if you are not a "consumer", please refrain from concluding commercial transactions on robertofesta.it.
1.3 In view of its commercial policy, the Seller reserves the right not to execute orders from persons other than the "consumer" or in any case orders that do not comply with its commercial policy.
1.4 To place orders on robertofesta.it, customers must:
To be the end customer as defined in the Commercial Policy of robertofesta.it;
– Be at least 18 years old;
– Meet the necessary requirements to be able to conclude legally binding contracts;
– Have a valid e-mail address;
– Have a valid credit card for payment: Visa, Mastercard, AMEX or a verified PayPal account or a bank account.
1.5 These General Conditions of Sale exclusively govern the offer, forwarding and acceptance of purchase orders for products on robertofesta.it between robertofesta.it users and the Seller.
1.6 The General Conditions of Sale do not regulate the provision of services or the sale of goods by subjects other than the Seller present on robertofesta.it through links, banners or other hyperlinks. Before placing orders and purchasing goods and services from people other than the Seller, we advise you to check their conditions of sale as the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce operations between robertofesta.it users and third parties.
1.7 FESTA LAB SRL publishes information on its site in order to provide a service to its customers, however, it declines all responsibility for the possibility of any technical or factual inaccuracies and / or typographical errors for which immediate correction is provided, following a report.
1.8 FESTA LAB SRL also reserves the right to make corrections and changes to the site whenever it deems it necessary without giving notice.
1.9 FESTA LAB SRL does not offer any guarantee on the conformity of the information published on its site with the laws provided for by the jurisdiction of the customer's country of residence.
1.10 FESTA LAB SRL declines all responsibility for any problems, damages or risks that the user may encounter while using the site for which we grant you a limited license to access and use it in a personal capacity, excluding the possibility of modifying it or downloading content, in whole or in part, without our express written consent. This license does not include the possibility of reselling or making commercial use of the Site or its contents, collecting and using the lists, descriptions or prices relating to the Products, of making a derivative use of robertofesta.it or its contents or resorting to data mining, robots or similar data collection or extraction tools. The Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited, in whole or in part, for commercial purposes without our express written consent. You may not take up or use techniques to take screenshots aimed at including trademarks, logos or other information (including images, texts, page layouts or templates) on which we boast, or our affiliated companies (including our parent) have intellectual property rights, without our express written consent. You may not use meta-tags or other "hidden text" that use our name, our trademarks or service marks, without our express written consent.
1.11 You can make purchases on the Site by creating an account and you will be responsible for all actions taken through the use of this username and password. You will also have to work to keep your credentials safe without communicating them to anyone. If the password is compromised, you will have to change it. You can't transfer or sell your username to anyone, nor allow others directly or indirectly to use your username or password.
1.12 FESTA LAB SRL guarantees that its website www.robertofesta.it is protected according to the international standards provided for the Internet. If the site is used correctly, the user is protected from the risk of viruses.
1.13 FESTA LAB SRL declines all responsibility for any malfunctions related to the deactivation of cookies in the user's browser.
1.14 This Site, or third parties, may provide links to other sites or resources. Since we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, we do not recommend and are not responsible for the content, advertising, products or other material on such different and external sites or resources or available therein.
1.15 FESTA LAB SRL reserves the right to rectify / review the terms and conditions contained in this legal notice, by updating it, whenever it deems it appropriate, without any obligation to give notice.
1.16 The user must comply with the terms contained in this legal notice, periodically checking for any updates, changes and corrections.
- INTELLECTUAL PROPERTY
2.1 The Site and its contents are protected by Intellectual Property Rights, including, by way of example, trademarks and copyrights. In these General Conditions, the expression "Intellectual Property Rights" means patents, database rights, copyrights, designs (even unregistered), trademarks (even unregistered) and other similar rights, as well as the right to request the protection or registration of the same.
2.2 As part of our relationships, all Intellectual Property Rights on the Site and these General Conditions are and will be in our full and absolute ownership, and you may not use these Intellectual Property Rights without our express consent.
2.3 The goodwill deriving from the use of this Site and the trademarks, companies and company reasons as well as service marks, ours and our affiliated companies pursuant to these General Conditions will be owned by us and our affiliated companies as appropriate.
- HOW TO CONCLUDE THE CONTRACT WITH THE SELLER
The technical steps to follow to conclude a contract with us for the sale of the Products are as follows:
- place the order of your Products on the Site by clicking on the "place the order and pay" button at the end of the payment procedure. You will be guided in the order processing process through a series of simple instructions on the Site;
- you can pay for the order by Visa, Mastercard, AMEX debit or credit card or a verified PayPal account or bank account. For online purchases we do not accept cash or checks;
- if you have a voucher, a discount code or a promotional code, you will have to enter it during the payment process for it to be valid;
- we will send you an e-mail of receipt of the order as soon as the order is made by you. This e-mail will not be valid as confirmation or acceptance of the order by us. Therefore, sending this e-mail does not imply that your order has been accepted. Your order constitutes an irrevocable offer to purchase a Product;
- when your Product is shipped from our warehouse, we will send you an e-mail confirming the shipment;
- the acceptance of the order and the conclusion of the contract will occur when the ordered Products are shipped to you, unless we inform you that we do not accept your order or that it has been cancelled due to unavailability of the Products or non-verification by the customer's bank. The contract will refer only to the Products of which we have confirmed the shipment by means of the shipping confirmation e-mail. We will not be required to provide you with any additional Products included in your order until the shipment of such Products has been confirmed in a different and separate shipping confirmation e-mail;
- your payment will be processed when we prepare your Products for shipment.
We start processing your order as soon as we receive it; therefore, please note that once you have placed the order or the same has been confirmed by us, you will no longer be able to make changes or cancel it. If you change your mind after placing an order or receiving our shipping confirmation, you can return the Products and get your refund in accordance with our Returns Policy. We will refund you the price you paid for the returned Products, on the means of payment you initially used.
We invite you to keep the invoice that will be inserted inside the package we will send you, for tax purposes, and as a reference to our contract.
3.2 The order form will be kept in our database for the period of time necessary to complete orders and in any case in accordance with the law. You can access the order form by consulting the relevant section.
3.4 The language available to conclude the contract with the Seller is Italian or English.
3.5 The seller reserves the right to postpone the shipment if the order is unable to be shipped for reasons beyond our control. Special promotions or balances can cause delays in shipping.
3.6 The Seller cannot execute purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not executed the purchase order specifying the reasons. If the products presented on robertofesta.it are no longer available or for sale at the time of your last access to the site or sending the order form, the Seller will promptly notify you and in any case within thirty (30) days after the day following the date on which you sent your order to the Seller, of any unavailability of the products ordered. In case of forwarding the order form and payment of the price, the Seller will refund, without delay, what you have already anticipated and the contract will conclude ipso iure between the parties.
3.7 Purchase requests from countries not included in those indicated on the Site may not be accepted by the Seller.
- GUARANTEES AND INDICATION OF PRODUCT PRICES
On robertofesta.it only products marked with the Roberto Festa brand and purchased directly from the Seller at the fashion house and / or the manufacturer authorised by the fashion house are offered for sale, whose essential characteristics are presented on robertofesta.it within each product sheet.
4.1 We strive to ensure that all price information on the Site is correct and up to date; however, errors may occur. If an incorrect price is indicated for a certain Product, we reserve the right not to accept your order and / or not to confirm the conclusion of the contract between you and Festa Lab srl, as provided for in these General Conditions. We are not required to supply or deliver Products to which the correct price has not been attributed until we have received your payment and this has not been processed.
4.2 All prices and costs shown on the Site are expressed in Euros and may be subject to updates. Delivery costs may apply, which will be clearly indicated during the order process.
4.3 The total delivery costs will be divided into items and indicated on the payment screen and in your invoice for tax purposes.
4.3 If you have a discount code or a promotional code, it is your sole responsibility to ensure that it is included in the relevant section during the order process. It will not be possible to apply a promotional code or a discount code after you have confirmed your order.
4.4 We reserve the right to refuse any offer to purchase the Products you make at any time, upon the occurrence of any of the following circumstances:
- the Product you ordered is not available in stock;
It is not possible to obtain the authorisation of your payments;
- we have assessed that the operation involves risks;
- an error in the price or description of the Product has been identified;
- it does not meet the criteria necessary to order the Products, pursuant to these General Conditions;
- you are under the age of 18;
- we have reason to believe that you are a dealer;
We have identified an error in the information on the Product, including, but not limited to, the price or the existence of a promotion.
If there are any problems with your orders, we will contact you as soon as possible.
4.5 Ownership of the Products will be transferred to you when we receive full payment of all sums due in relation to the Products, including delivery costs.
4.6 Roberto festa declines all responsibility for the possibility that, due to a particular configuration of the computer used by the customer or its malfunction, the colours of the products displayed on the site present slight differences from the original ones.
4.7 The images contained on the robertofesta.it website are the property of FESTA LAB SRL and any use of these images not authorised by a written consent of FESTA LAB SRL will be prosecuted in accordance with the law.
4.8 In the event that you exercise your right of withdrawal, the Seller may refuse to accept the refund or not fully refund the sums paid for the purchase, in relation to products without the relevant identification barcode, or the latter are illegible, or the Products have been tampered with in their essential and qualitative characteristics or have been damaged, as further clarified in paragraph 8.
5.AVAILABILITY OF ARTICLES
5.1 The assortment on robertofesta.it reflects the exact availability of each item by size and colour. The website is in fact connected to the shops and warehouse belonging to FESTA LAB SRL.
5.2 Once the order request has been received, robertofesta.it reserves the right to reconfirm the availability of the items purchased.
5.3 In the event that the ordered items are not available, or if for some reason the order cannot be processed as requested by the customer, robertofesta.it will promptly notify the customer.
6.1 You can follow one of the methods indicated in the order form for paying the price of the products and the related shipping and delivery costs.
6.2 In case of payment by credit card, financial information (for example, credit/debit card number or its expiration date) will be transmitted via encrypted protocol to the reference bank, which provides the relevant services for remote electronic payment, without third parties being able to access it in any way. Moreover, this information will never be used by the Seller except to complete the procedures related to your purchase and to issue any refunds in case of any returns of the products following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the crime of fraud on store.robertofesta.it. The purchase price of the products and the shipping costs, as indicated in the order form, will be debited from your bank account at the time of shipment of the purchased products.
- SHIPPING AND DELIVERY OF PRODUCTS
7.1 To know the specific methods of shipping and delivering products, go to the Customer Service section. Please pay attention to what is indicated in this section because the instructions contained in it are an integral and substantial part of these General Conditions of Sale and are therefore to be considered fully known and accepted by you when sending the order form. The costs for the delivery of the products in Italy will be borne exclusively by the Seller, while the costs for the delivery of the products in the remaining geographical areas are borne by the "Consumers".
7.2 In the event that the buyer refuses the delivery of the purchased products or is not available for the collection of the same, all shipping costs and any customs fees to return the goods to the seller will be borne exclusively by the buyer and will be deducted from the sums paid at the time of the order.
- CUSTOMER SERVICE
You can request any information through our support services by contacting international customer service at 0249530230; or by filling out the relevant form on the Site after the "login".
- RIGHT OF WITHDRAWAL
9.1 You have the right to withdraw from the contract with the Seller without penalty within fourteen (14) days from the day of receipt of the products purchased on robertofesta.it.
9.2 It is not possible to exchange the chosen item for another one on the site robertofesta.it.
9.3 To withdraw from the contract, you must use the "return letter" template inside the box to be filled in and sent by e-mail to email@example.com and as soon as possible the Seller will send you, by email, the communication of receipt of your return request.
9.4 Once the Seller has confirmed that he has received your return request, you have 14 days to return the goods to the Seller, entrusting it to the courier for shipment.
9.5 Shipping costs and any customs fees and / or shipping costs for the return of the products purchased on the robertofesta.it website, are borne by the buyer.
9.6 The Right of Withdrawal - in addition to compliance with the terms and methods referred to in the previous points listed above - is understood to be exercised correctly if all the following conditions are fully complied with:
a. the withdrawal letter must be duly completed and sent to the Seller within 14 days of receipt of the products;
b. the products must not have been used;
c. the products must be returned in their original packaging, including the identification barcode, which must be readable;
d. the products to be returned must be entrusted to the courier for shipment within fourteen (14) days from the date on which the Seller has communicated that he has received your return request;
e. the products and the box must not be damaged.
9.7 After returning the products, the Seller will carry out the necessary checks on the conformity of the Products with the terms and conditions referred to in paragraph 8. In case of successful conclusion of the checks, the Seller will confirm, by e-mail, the acceptance of the products thus returned and will activate the procedure for refunding the sums already collected for the purchase of the products that will end within thirty (30) days. In the event that the checks do not end positively, the Seller will inform you by e-mail of the existence of a decrease in the value of the returned products resulting from your failure to comply with the conditions referred to in paragraph 8 above
9.8 If you do not comply with the terms and conditions for exercising the right of withdrawal, you will not be entitled to a refund of the sums already paid to the Seller. Within 14 days of sending the e-mail with which you will be notified of the non-acceptance of the return, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller. Otherwise, the Seller may withhold the products in addition to the sums already paid for their purchase.
9.9 If the conditions referred to in points (b), (c) and (d) of paragraph 8.6 above are not met, you will not be entitled to a full refund of the amounts already paid to the Seller. You will be responsible for the decrease in value of the returned products. In this case, the refund due will be deducted between 10 and 90 percent of the sums paid to the Seller for the purchase of the returned goods, as specifically communicated, by e-mail, by the Seller. Within 14 days of sending the e-mail with which you will be informed of the amount deducted, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller.
- TIMES AND METHODS OF REFUND
10.1 Whatever payment method used, the refund, in whole or in part, is activated by the Seller as soon as possible and in any case within thirty (30) days from the date of receipt of your return.
10.2 The Seller makes the refund using the same payment method used for the purchase of the returned products, unless you have expressly agreed with the Seller to use a different payment method and provided that you do not incur an additional cost as a result of the refund. If there is no correspondence between the recipient of the products indicated in the order form and the person who paid the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be carried out by the Seller, in any case, towards the person who made the payment.
10.3 The date of re-credit is the same as the charge; consequently, it will not suffer any loss in terms of bank interest.
11.1 To the fullest extent permitted by law, the Site and all the information contained therein are provided by us (as is located and available) and we do not guarantee that the Site is suitable for your purposes and needs. We strive diligently, within reasonable limits, to prepare and present the content of the Site, but we cannot provide any guarantee that such content is correct, complete or up to date.
11.2 To the extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the operation and availability of this Site or the information, content or materials presented therein.
11.3 To the extent permitted by law, with these General Conditions we expressly exclude any liability (whatever the cause) relating to any loss, damage and / or expense arising out of or relating to the use of the Site. In particular, and without prejudice to the provisions, in general, in the previous provisions, we will not be liable for losses or damages relating to computer equipment, software or data, financial losses and indirect losses or damages.
- LEGAL TERMS
This notice contains the legal terms and conditions that govern the site robertofesta.it.
12.1 Users accessing this site declare that they accept that all matters relating to the use of the robertofesta.it website are governed by the current legislation of the Italian State.
12.2 FESTA LAB SRL does not guarantee in any way that the content of the site complies with the regulations in force in other countries. Access to the robertofesta.it site from places where its contents are considered illegal is expressly prohibited. Users who decide to access the site from these countries are fully aware of the legal consequences and sanctions they risk incurring and will be solely responsible for compliance with local laws.
12.3 With reference to cross-border disputes, the platform for alternative out-of-court dispute resolution pursuant to EU Regulation 434/2013 is accessible at http://ec.europa.eu/odr.
12.4 By accessing the robertofesta.it site, users undertake to accept and agree to comply with all the conditions contained in this declaration.
12.5 Roberto Festa reserves the right to temporarily or permanently block the account, with immediate effect and without notice, to any user if illicit or fraudulent activity is detected.
12.6 Roberto Festa reserves the right to block the account, with immediate effect and without notice, if abnormal uses of the account are detected, also through the use of BOT or other tools that Roberto Festa detects may alter or affect the functionality of the site and its services.
In such cases, blocking the account will result in the cancellation of any orders.
12.7 Roberto Festa reserves the right to ask users who do not accept or do not intend to comply with these terms, to refrain from using the robertofesta.it website.
12.8 Access to the site and its services is intended for personal use only.
12.9 The visualisation of the site robertofesta.it provides customers with information on the products offered together with the possibility of purchasing them.
- APPLICABLE LAW AND SETTLEMENT OF DISPUTES
13.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of the Consumer Code referred to in Chapter I "Consumer Rights in Contracts", with particular reference to the legislation on distance contracts, and by Legislative Decree of 9 April 2003 n. 70 on some aspects relating to electronic commerce.
13.2 In case of disputes between the Seller and each end user, deriving from the General Conditions of Sale, the Seller adheres to the conciliation services at the Arbitration Commissions established at the competent Chambers of Commerce present in Italy, allowing them to reach, with the assistance of an impartial conciliator, in an a friendly and secure way, an agreement between the parties.
- PROPERTY – COPYRIGHT AND REGISTERED TRADEMARKS
15.1 robertofesta.it and all its contents are the property of FESTA LAB SRL, this includes documentation, images, fonts, design, music, software, codes and format scripts.
15.2 The material contained in the website is protected by copyright.
15.3 Any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, is strictly prohibited without express written consent provided by FESTA LAB SRL.
15.4 FESTA LAB SRL prohibits the use of the content or trademark on the site for any other purpose and purpose other than those mentioned above.
- MODIFICATION AND UPDATE
The General Conditions of Sale are modified from time to time also in view of any changes in the law. The new General Conditions of Sale will come into force from the date of publication on robertofesta.it.