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 (hereafter, the "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 the 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 (hereafter "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 " Ecommerce Decree ").
2. Identification of the seller
Products purchased on www.sfumaturecreative.it are sold by:
Sfumature Creative Lab.
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 detailed on the Site. The essential characteristics of the products are presented on each product page. 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 of Nuances Creative about the exact correspondence between the image shown on the Site and the real 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 moment. Nuances Creative reserves the right to change the limits on the quantity and / or type of Products that can be purchased online on the Site at any time. 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 the 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. To the prices of the Products must be added the delivery costs shown separately in the order form, so the shopping cart procedure will indicate at the end the total cost, including the price of the Products being purchased and the transport costs, due by the Customer. Prices may be subject to updates, so the customer must check the final sale price before submitting the relevant order. Nuances Creative constantly checks that all the 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 in the Electronic Nuances Creative catalog , detailed 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 complete the order form in electronic format and transmit it to Sfumature Creative , electronically, 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 the methods of delivery of the Products purchased, of shipping costs, of the conditions for exercising the right of withdrawal and of the methods and times for returning the Products. Before sending an order proposal, you will be asked to carefully read and approve the General Terms and Conditions of Sale by ticking the appropriate box, as they will be binding once the contract has been 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 forwarding and his own order proposal.
The correct receipt of the Customer's proposal is confirmed by Nuances Creative by an automatic reply sent to the email address communicated by the Customer. 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 his personal area, immediately after sending the order.
Sfumature Creative has the right to accept or not, at its own 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 case of non-acceptance of the order itself . In particular, Sfumature Creative reserves the right not to accept purchase proposals and cancel orders that, by way of example, do not give sufficient guarantees of solvency or if - also following comparison with the circuit that manages credit card payments - anomalies appear in the transactions and in the means of payment used by the Customer In such cases, the order proposal sent by the Customer will not be accepted and will be considered void of validity and effectiveness. Sfumature Creative will send to the Customer, by e-mail, a communication certifying the non-acceptance of the order proposal and the non-conclusion of the contract, also taking care of the cancellation of any charge and / or expense charged to the Customer. Occasional non-availability of the Products offered may occur. In this case, Sfumature Creative reserves the right to partially process the order. In this case, only the sum corresponding to the partially processed 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. Confirmation of the order is given to the Customer when the Products are delivered to the courier in charge of the shipment.
6. Methods of payment
The Customer can pay the price of the Products and the related delivery costs by bank transfer , PayPal , or cash on delivery of the package; in the latter case, since it is a particular method of delivery, a 2% surcharge is required which must be paid directly to the courier. The payment 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. Deliveries will not be made to PO boxes. Purchases will be delivered by GLS express courier. As said in art. 6, the mark constitutes a particular method of delivery for which a 2% surcharge is required which must be paid directly to the courier. Except in cases of force majeure or unforeseeable circumstances or for any other reason not attributable to C reactive shades , the Products will be delivered by the date indicated in the Product sheet or in the shopping cart procedure, where provided, or otherwise otherwise at the latest by the maximum term of thirty days from the date of conclusion of the contract. In the event that the Customer makes use of the shippers appointed by Creative Shades , the risk of loss of the Products is borne exclusively by Sfumature Creative itself, without prejudice to the fault and / or responsibility of the shippers themselves to whom the right of withdrawal is reserved. . Instead the risk of perishing is transferred to the Customer where the latter chooses a courier other than those offered by Sfumature Creative . The same risk of perishing is borne by the Customer also in the case of sending the Products in return 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 damage to the packaging or packaging at the time of delivery by the carrier / shipper, he is required to immediately contest the fact by affixing a "reserve" on the delivery receipt, since any subsequent exception with regard to the external characteristics of what is 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, as the possibility of subsequent disputes is also precluded if, upon a more detailed examination of the goods delivered, it is damaged by act or fact attributable to carrier / shipper.
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, business or professional activity, if any) has the right to withdraw from the contract , without indicating the reasons, within 14 (fourteen ) days from the date on which, also through a designated third party, other than the carrier, 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 designated by him has acquired physical possession of the last good. To exercise the right of withdrawal is necessary to inform Sfumature Creative the decision to terminate the contract, presenting an unequivocal statement (eg a letter sent by post, fax or email).
The communication must contain:
(a) the explicit manifestation of the decision to withdraw from the contract;
(b) progressive order number communicated by Sfumature Creactive at the time of confirmation of the purchase;
(c) the univocal indication of the Products for which you wish to make use of the right of withdrawal, with specification of the article code, number / size; The addresses to which the communication should be sent are as follows: Sfumature Creactive Via Zara 7 73052 Parabita ( LE ) Tel. +39 348 2400266 E-commerce Customer Service tel. +39 348 2400266 Email: info@sfumaturecreative .it
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 section request a new return .
To meet the withdrawal deadline, it is sufficient to send the communication before the withdrawal period expires. Products must be returned to Sfumature Creative address above without undue delay and in any event within fourteen (14) days from the day when it was announced the cancellation of the contract. The deadline is met if the Customer returns the Products before the expiration of the period of 14 (fourteen) days. The costs of returning the Products are charged to the Customer.
For the return of products the customer can also make use of the withdrawal service via GLS courier organized by Sfumature Creative . The service must be booked by contacting Sfumature Creative to the email firstname.lastname@example.org specifying the date and the address where you will be made on product recall The service is only available for collection in the Italian territory and the choice of carrier is made exclusively from C reactive shades .
The Products must be returned or delivered using a container suitable for transport (for example the packaging with which they were received), inserted in their original packaging, intact, unused, unworn, unwashed, undamaged and accompanied by the tag identification or label or seal attached. In particular, the Products must not show manifest signs of use, other than those compatible with carrying out a normal test of the article, so they must not show traces of prolonged use (over a few minutes) exceeding the time necessary for proof and must not be in a state that does not allow resale.
Sfumature Creative will not be able to accept the return if these conditions are not correctly respected and if the label or sticker or seal is not intact and attached to the Products. Furthermore, the Customer cannot 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 be returned for hygiene or health protection reasons and which have been opened after delivery. After verifying the correct execution of the terms and conditions stated above, Sfumature Creative will activate the refund procedure of all payments received from the customer, including the delivery charges (except for the additional costs arising 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 not later than (14) fourteen days from the day on which it is informed of the decision of the customer to terminate 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 himself who will not bear any costs as a consequence of this refund. For purchases made with cash, Sfumature Creative reimburse by bank transfer. The actual time for re-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 will be suspended until Sfumature Creative has not received the products or until the customer has supplied evidence of having sent back the goods, whichever situation 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 sums already paid. The non-acceptance of the refund will be communicated to the customer by Sfumature Creative , via email, with the same procedures and the terms described above for acceptance. However, the Customer may re-obtain, at his own expense, the Products in the state in which they were returned to Sfumature Creative . Sfumature Creative will not be responsible for the refund or compensation for Products shipped but which have never been received by Sfumature Creative due to loss, theft or damage not attributable to Sfumature Creative . The Customer will be held responsible for the decrease in the value of the Products resulting from a manipulation other than that necessary to establish its nature, characteristics and functioning.
The exercise of the withdrawal terminates the contract between Sfumature Creative and the Customer, without prejudice to the obligations to return the Products and to refund and all others described herein, as well as to terminate any accessory contracts by right.
9. Right of withdrawal exclusions: customized products and other cases
The exercise of the right of withdrawal is excluded by law in the following cases:
- in the case of provision of services (for example in the case of maintenance on the Products etc., where provided) after the complete provision of the service when the execution began with the express agreement of the Customer, knowing as of now that in such If the latter loses the right of withdrawal due to the full execution of the contract by Sfumature Creative ;
- in the case of supply of Products or Services the price of which is linked to fluctuations in the financial market which 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 are liable to deteriorate or expire rapidly;
- in the case of the supply of sealed Products which are not suitable for return for hygienic reasons or connected to the protection of health 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 Nuances Creative and its operators for the purpose of carrying out urgent repair or maintenance works, where required. If, on the occasion of this visit, Nuances Creative should provide services in addition to those specifically requested by the Customer or Products other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to these additional services or Products;
- in the case of the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
- in the case of the supply of newspapers, periodicals and magazines;
- in the case of the supply of digital content through a non-material support where the execution began 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 relating to customized Products, always for example through the engraving of the Customer's initials on the Product. In this regard, the Customer also recognizes 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 commercial guarantees
The Customer, if he is a Consumer (i.e. the natural person who purchases the Products for purposes unrelated to his commercial, craft, business or professional activity, if any) 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 since:
• 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 an asset of the same type, also taking into account the particular nature of the asset, it has the right to the legal guarantee when the defect of posters within 2 (two) years from delivery.
In this case, the customer should contact Sfumature Creative writing as soon as possible and in any case within a maximum limitation period of 2 (two) months of discovering the lack of conformity, recalling that the guarantee shall lapse in any case in 26 (twenty six) months from delivery.
In this communication the Customer (if Consumer) may request to exercise the rights of legal guarantee 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 termination of the contract. At his option, he can also ask to repair the good or to replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
For the purposes referred to above is to be considered excessively onerous if one of the two remedies requires Sfumature Creative unreasonable costs in comparison to another, taking into account:
a) the value that the asset would have if there were no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be tried without significant inconvenience for 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, a reasonable price reduction or termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively expensive;
b) Sfumature Creative it has not already done to repair or replace the goods within the reasonable period 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, account is taken of the use of the asset in any case . After reporting the lack of conformity, Sfumature Creative will 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 regarding the commencement of the aforementioned reasonable term, unless the Customer accepts the proposed alternative remedy;
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, please note that a minor lack of conformity for which it was not possible or is excessively burdensome to carry out the remedies of repair or replacement, does not entitle the termination of the contract.
For the exercise of the legal guarantee of conformity, the customer will have to contact support at: Sfumature Creative 73052 Parabita (LE), via Zara n. 7 Tel. +39 348 2400266 E-commerce Customer Service tel. +39 348 2400266 e-mail: email@example.com If the customer is not a consumer, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided by the Civil Code, so in the case of defects of 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 for this purpose must notify us of the presence of the defect within 8 (eight) days from its discovery, and in any case within 1 (one) year from delivery.
For this guarantee, the customer can contact the same addresses as above. Except for the foregoing, 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 assistance service in the manner indicated in the conventional guarantee, showing the purchase receipt or invoice and the original intact packaging.
Finally, please note that with regard to any damage caused by the Product to things or people (damage caused by the use of certain footwear, etc.), the Consumer Code provides for the responsibility of the Manufacturer pursuant to articles 114 and following. In the case of damage caused to things, please note that it is compensable only to the extent that exceeds the sum of 387 euros.
11. Mistakes or inaccuracies
Sfumature Creative we are committed to providing constantly updated information in the sections of the Website 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 product information sheet. Sfumature Creative reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to modify or update the information at any time without prior communication. In particular, if the price of a particular product is particularly higher or lower than the price normally applied on the market, or if it is exceptionally zero, the Customer is asked to report it so that the error can be corrected. However Sfumature Creative will communicate to the customer if the product does present an incorrect price, so will correct the error and will enable the customer to confirm if it still intends to purchase at the correct price, or whether it will desist.
12. Industrial and intellectual property rights
Thes Sfumaturecreative.it site , the Sfumaturecreative® brand and all its other verbal and figurative marks, any other intellectual and industrial property belonging to them and the site and the additional rights that derive from it are the exclusive property or licensed use of Sfumaturecreative , which also owns the intellectual property rights of the Site and the right to disseminate the elements that are contained in the catalog of the online store and, in particular, the photographs and other images for which it has obtained the necessary authorizations 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 content protected by copyright, registered trademarks or other intellectual and industrial property rights. The trademarks and logos of the platforms that provide payment instruments, social networks, carriers and the like, and any other logo does not directly or indirectly attributable to Sfumature Creative are the property of their respective owners and are mentioned in this Site for information purposes only to allow the execution of the related services. Save for the above, Sfumature Creative reserves the right to indicate trademarks of others in the exercise of rights of exhaustion of trademark and industrial and intellectual property rights, or if this is necessary in order to identify and describe specific products for sale or even when this 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 aims to Sfumature Creative to secure the use of the Site by all users, which is why cooperation is required of all users in the proper management of the adopted procedures and data entered into the site or otherwise managed through it . It is forbidden to publish spam, develop or use applications which are prejudicial to the Site and its users, to use the Site for illegal, deceptive, malicious or discriminatory purposes; take actions that can prevent, overload or compromise the correct functioning or appearance of the Site; enter false and / or invented and / or invented data and / or 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; committing any other action is injurious to Sfumature Creative , for its partners and users.
14. Nullity or ineffectiveness of the clauses
Should a clause of these General Conditions prove 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 General Conditions are merely indicative and in no way limit the meaning or content of the relative article.
16. Changes to these General Conditions
Sfumature Creative reserves the right to change, at any time and without notice, the contents of these General Conditions: the relationship will be governed by the text of the General Conditions published on the Site when the purchase order by the Customer . The Customer is therefore invited to read the text of these General Conditions expressly before sending the purchase order, in order to check the updated text 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
The non-exercise of a right by Sfumature Creative does not represent any waiver of action for breach of detected offenses. Sfumature Creative therefore reserves the right to assert their rights in any case, in the time allowed.
18. Reference to sector regulations
Although not expressly waived by 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 Civil Code and other applicable sector regulations.
19. Applicable law
Italian law, as well as EU legislation as far as pertinent and not integrated by Italian law, applies to these General Conditions and to the services described therein. All services and information contained on the Site will be rendered in Italian. The mandatory rules of law, such as those provided for by the consumer protection legislation (Consumer Code) are automatically intended as derogations from the corresponding clauses of this contract, which, however, remains in force for all the remaining non-derogated conditions.
20. Out-of-court complaints and resolution tools for any disputes
The Customer may submit 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 E-commerce Customer Service 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 , that is, to resolve disputes as an alternative to judicial or in any case disputes) indicated therein.
Sfumature Creative reminds in particular that the European Union has implemented a platform for the resolution of disputes that arose online, so please consult this link: https://webgate.ec.europa.eu/odr or this address, which refers directly to the Italian-language platform : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
21. Jurisdiction and competent court
Except for the foregoing, in the event of any civil disputes arising from the interpretation, execution and termination of these General Conditions and the sales relationship that follows, 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 Brussels Convention of 1968 or of the EU Regulation 1215/2012 (formerly 44/2001). In the case of Italian jurisdiction, if the Customer is a Consumer, the mandatory territorial jurisdiction is of 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 instead the customer is not a consumer, in the case of any civil disputes arising from the interpretation, execution and resolution of these General Conditions and the sales relationship that follows, 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 the online purchases, orders and shipments, refunds and returning products purchased , the customer can always contact Sfumature Creative to the following email address: firstname.lastname@example.org or by calling 348 2400266 from Monday to Friday from 08.30 to 13.00 and from 14.00 to 17.30.
Last update: May 2020