The offer and sale of clothing and accessories on the website www.stefyflowers.com are governed by the following General Conditions of Sale.
Products purchased on the website www.stefyflowers.com are produced and distributed by:
Stefy Flowers di Stefania Fiorelli (hereinafter Stefyflowers), based in Via del Vascello, 34 00152 Rome, VAT Code 17122981008
1. CONCLUSION OF THE SALES CONTRACT
1 – These general conditions of sale are an integral and essential part of the sales contract with the Customer. The electronic sending of the order by the Customer implies full knowledge of these General Conditions of Sale and their full acceptance. If the Customer does not agree with one or more terms contained in these General Conditions of Sale, he is requested to refrain from making purchases on www.stefyflowers.com (the “Site”).
2 – To proceed with the purchase of one or more products on the Site, the Customer can first register on the Site or simply fill in the purchase form. In both cases, he must provide Stefyflowers, in compliance with the applicable provisions on the protection of personal data, with all the data necessary to allow the latter to execute the orders placed.
3 – To conclude his purchase contract on the Site, the Customer must send his order to Stefyflowers by following the procedure referred to on the Site. The electronic sending of the order gives rise to the Customer’s obligation to pay the price indicated therein.
4 – When the Customer places an order, he will receive an email from Stefyflowers which contains the confirmation of receipt of the order and a summary of the same: however, this email will not constitute automatic acceptance of the order itself.
5 – Stefyflowers reserves the right to refuse orders from customers with whom a dispute relating to the payment of a previous order is underway.
2. SALES PRICES
1 – All sales prices of the products displayed and indicated on the Site are inclusive of VAT and any other tax that may be applicable in relation to the sale.
2 – The cost of shipping and transport, if any, will be clearly indicated and displayed before completing the order.
3 – Product prices may be subject to updates. The Customer is required to ascertain the final sale price before submitting the relative order. The obvious material error reported in the price on the Site compared to the commonly known price of the selected product entails the seller’s right not to confirm the shipment and proceed with an immediate refund of the purchase value paid by the Customer without the latter being able raise objections in this regard.
3. METHOD OF DELIVERY
1 – The seller will do everything possible to fulfill the orders sent within 5 days starting from the day following the acceptance of the order.
2 – The Customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously subject to the right of withdrawal provided for in point 7 below, the Customer must sign the receipt documents. By filling in the personal data form in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications, the Customer authorizes Stefyflowers to communicate the personal data (residence, telephone number) to the couriers and/or trusted shippers used for the delivery of the purchased goods in order to allow the necessary procedures for their delivery.
4. METHOD OF PAYMENT
1 – For the payment of the price of the products and the relative shipping and delivery costs, if any, the Customer can follow one of the methods indicated in the order form. In no case will additional costs be charged in relation to the payment method chosen by the Customer.
2 – In case of payment by credit card, the payment procedure will take place via a secure connection connected directly to the bank that owns and manages the online payment service, which Stefyflowers cannot access. In particular, the financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the banking institution that provides the related remote electronic payment services, without third parties can, in any way, have access to it. Furthermore, this information will never be used and/or stored in any format (including electronic format) by Stefyflowers. The amount of the order will be debited the day after placing the order except, of course, the Customer’s right to have the amount credited back in any case of default by the Seller or non-performance of the contract for any reason.
3 – The Customer is solely responsible for the data entered, therefore he guarantees to use only credit cards of which he has legitimate availability.
4 – If the Customer has an active credit card on the Paypal account, the system could allow saving an identification code so as not to enter the credentials again in future payments. In this case, the data provided will be collected by Stefyflowers in encrypted form and transmitted to PayPal.
5. LIABILITY
1 – The seller assumes no responsibility for disservices attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in all or in part, to execute the contract within the agreed times.
2 – The seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the Customer having the right only to a refund of the price paid .
3 – Likewise, the seller is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, upon payment of the purchased products. In fact, the seller, at no time during the purchase procedure, is able to know the customer’s credit card number which, by opening a secure connection, is transmitted directly to the bank service manager.
4 – The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used.
6. CUSTOMER’S OBLIGATIONS
1 – It is strictly forbidden for minors to complete an order on the Site.
2 – The data inserted during the purchase phase must be exclusively one’s real personal data and not of third parties, or of fantasy. Stefyflowers reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
3 – The Customer indemnifies the seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, being himself solely responsible for the correct insertion.
7. RIGHT OF WITHDRAWAL AND REFUNDS
1 – The Customer can exercise the right of withdrawal and return the product received, without any penalty and without specifying the reason, in compliance with the terms and methods set out below.
2 – The Customer can make the return request by forwarding an explicit declaration of his decision to withdraw from the contract to customercare@stefyflowers.com – within fourteen (14) days of receipt of the products.
3 – The products must be returned intact, unwashed, undamaged and provided with tags indicating the barcode and any other seal that forms part of the products; products that are returned incomplete, ruined, damaged, deteriorated or dirty will not be refunded.
4 – The products to be returned must be delivered to the shipper within fourteen (14) days, starting from when the Customer communicated his decision to withdraw from the contract to the Seller.
5 – The costs of returning the Products will be borne by Stefyflowers if the cause is attributable to an error by the seller. In all other cases and if the Customer decides instead to use a different shipper for the return of the products, the shipping costs will be borne by him, including liability in case of loss or damage to the products.
6 – After returning the products, the Seller carries out the necessary checks relating to their compliance with the conditions and terms indicated in this paragraph.
7 – If the right of withdrawal is exercised following the methods and terms indicated in this paragraph, Stefyflowers will refund the Customer any sums already collected for the purchase of the products.
7.1 – The Seller generally makes the refund using the same means of payment used by the Customer for the purchase of the returned products, even if a virtual and/or disposable credit card has been used. The Seller, for legal reasons, cannot in any way make a refund to a credit card other than the one used for the purchase, except in the case where the credit card itself has expired in the meantime: in this case the Customer you can send an email to customercare@stefyflowers.com to agree on the most appropriate means of reimbursement.
8 – The refund is activated by the Seller within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, subject to verification of the correct execution of the same and verification of the returned products.
8. APPLICABLE LAW AND JURISDICTION
1 – Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated through the website stefyflowers.com is subject to Italian law; although not expressly provided therein, these general conditions refer to the provisions of the Civil Code, as well as Legislative Decree 205/06 (“Consumer Code”).
2 – For any dispute between the parties regarding this contract, the Court in whose district the consumer is domiciled will have jurisdiction; for all other disputes, the Court of Rome will have exclusive jurisdiction.
3 – In the event of disputes between the Seller and the Customer arising from the General Conditions of Sale, we inform you that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the site http://ec.europa.eu/odr.
9. CHANGES AND UPDATES
1 – Stefyflowers reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Customer who accesses the Site and submits an order will adhere to the policies and terms of the General Conditions of Sale in force from time to time at the time the order is placed, unless any changes do not have retroactive effect under the applicable law ( in which case, they may also be applied to orders that the Customer has previously made). If any provision of these Terms is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
