Terms & Conditions
Welcome to the website www.theflamel.com, owned, managed and distributed by Flamel S.r.l., with registered office in Milan, via Dante, 4, 20122, tax code / VAT number and number of registration at the Milan Companies Register 09525660966, REA MI - 2096030, share capital of Euro 10,000.00 entirely paid ("Flame'l").
1.1. "Customer": a natural person who intends to purchase a product made available on the Site, making the purchase for personal purposes and, in any case, for purposes unrelated to the commercial, craft or professional business carried out;
1.2. "Consumer Code": the Legislative Decree n. 206 of 6 September 2005;
1.3. "Content": the information and / or data contained on the Website;
1.4. "Flame'l": the company Flamel S.r.l., with registered office at Milan, via Dante, 4, 20122, tax code / VAT number and registration number at the Milan Companies Register 09525660966, REA MI - 2096030, share capital of Euro 10,000.00 entirely paid;
1.5. "Website": the platform accessible on the website www.theflamel.com, owned and managed by Flame'l;
1.6. "Terms and Conditions": these terms and conditions of the Website and any other document referred to therein or to the same annex, regulating the relationship between Flame'l and the Customer.
1.7. The terms in singular form include the plural and vice versa, depending on what it is allowed or required in respect to the context.
2. Scope of Application
2.1. Flame'l is a website for online sale of luxury clothing and products.
2.2. These Terms and Conditions govern the use of the website, as well as the relationship between the Customer and Flame'l, and they are considered accepted and effective at the time of the registration of the Customer on the website.
2.3. By registering on the Website, the Customer declares - under his sole responsibility - to have read and understood these Terms and Conditions and to fully accept any provision without reservation.
2.4. Customers can complete the purchase of products available on the website only after having previously viewed and accepted these Terms and Conditions. The refusal of these Terms and Conditions will make impossible the completion of the purchase.
2.5. In the event that the Customer does not intend to adhere to these Terms and Conditions, he must stop browsing and not view, download or otherwise use any page, content or service offered by the website.
2.6. These Terms and Conditions are effective from 10 December 2018 and may be changed by Flame'l at any time without notice. These changes will not apply to the purchases already concluded by the Customer. It is therefore essential that the Customer read, save and / or print a copy of the Terms and Conditions when he makes a purchase through the Site, in order to keep track of the provisions applicable to the purchase itself.
2.7. In the event that Flame'l modifies and / or integrates these Terms and Conditions, the subsequent access and use of the Site by the Customer will determine acceptance of the new Terms and Conditions. The most updated version of the Terms and Conditions, printable at any time, can be consulted by clicking on the "Terms and Conditions" hypertext link accessible through the main menu of the Website.
3. Operation of the Site
3.1. Customer's obligations
3.1.1. In order to make a purchase through the Website, the Customer must be of age, have the legal capacity to execute agreements, have all necessary authorizations or powers to act for or in the name of each person for whom he purchases a product and uses the Website in compliance with these Terms and Conditions.
3.1.2. The Customer is responsible for the activities carried out through the Website (from an economic point of view or otherwise) and he is also responsible, in case of an account creation, for the consequences arising from the possible use of the username and password in order to access to the Website. The Customer guarantees the accuracy of the personal information communicated by him in order to make the purchase, concerning himself and the persons on whose behalf he makes the aforementioned purchase.
3.1.3. Any use of the Website fraudulent or in contrast with these Terms and Conditions will constitute a reason to deny the Customer access to the services offered by Flame'l or to other features of the Website.
3.2. Registration on the Site
3.2.1. By browsing the Website, the Customer can consult the products offered by Flame'l for sale. For each product, the customer can view the product name or code, description, image or photo, the price including VAT, availability, costs and shipping terms.
3.3. The Customer can create a personal account on the Website by following the steps and instructions specified on the Website, indicating their personal data, the username chosen, the password and an email address. At the end of the account creation process, an email will be sent to the address provided by the Customer during the registration process, containing a link to click to confirm registration and credentials to access the account.
4. Completing and Order
4.1. The Customer can purchase on the Website in guest mode, without the need to create a personal account, or as a result of the registration.
4.2. The Customer, who wishes to complete an order, can do it through the purchase procedure of the Website, using the purchase confirmation button to put the product temporarily in the cart before paying and refining the order. The completion of an order does not constitute conclusion of a contract, but a contractual purchase proposal.
4.3. When ordering, the customer must provide a valid email address, as well as other personal data necessary for the delivery of the product, including name, surname, delivery address and billing address (if different), payment method chosen.
4.4. Once the payment is made using one of the payment methods indicated in article 5, Flame'l will send to the Customer, at the address indicated at the time of the order, an email confirming that the order has been taken over. This email does not constitute acceptance of the proposal, but only confirms that you have received the order and have submitted it to verify data and verify availability.
4.5. The contract is considered concluded when the customer receives the email of the acceptance of the order by Flame'l, which also indicates the written confirmation of the product ordered and its main features, the price, other expenses, the total amount paid, the existence of the right of withdrawal (if applicable) with the relative methods of operation, as well as the indication of the times and methods for delivery and eventual return of the asset.
4.6. Flame'l undertakes to ensure that all information on the Website in relation to a specific product, including the price, is correct and up-to-date. In any case, the Customer is aware of the fact that, despite due caution, some information may not be correct.
4.7. Orders completed during the weekend or during holidays will be processed from the first following business day. For more information on the processing time of the order, please consult the "Help & Faq" section of the website.
5.1. The price and currency of each product is visible on the Website. All prices include VAT.
5.2. The Customer can purchase the products directly on the Site. Payment can be made by the Customer by credit card or PayPal. To this end, the Customer communicates the data of the card or account for payment. For more information on credit cards accepted on the Website, please consult the "Help & Faq" section of the Website.
5.3. The charge will be made only upon acceptance of the order. If, for any reason, the payment of the price is not successful, the order will not be processed and will be deleted.
6.1. The products are delivered to the address indicated by the Customer within 1-2 working days from the sending of the shipping confirmation email, in the manner indicated in article 4.3. In any case, Flame'l will deliver the products without undue delay after the regular registration of the payment of the related order.
6.2. Delivery is by courier. Shipping costs are not included in the price, but they shown separately before order completion. For more information on how to deliver the order, please consult the "Help & Faq" section of the website.
6.3. The delivery date must be considered as indicative and under no circumstances Flame'l can be held responsible for the delay in delivery due to the courier.
6.4. The customer will receive by email the details of the shipment and the courier. Should it be necessary to make special arrangements regarding the delivery, the Customer must contact the courier directly. Within the maximum limits set by the applicable law, Flame'l assumes no responsibility for damages resulting from specific agreements between the customer and the courier.
7. Customer Obligations
7.1. The Customer, with the acceptance of these Terms and Conditions accepts to comply with the following obligations:
7.1.1. use the website in accordance with applicable legislation;
7.1.2. provide accurate, up-to-date, non-confidential and non-damaging information on the intellectual property or other rights of third parties;
7.1.3. protect the confidentiality of access credentials to your account, whose security and secrecy the customer is solely responsible. If the Customer suspects that unauthorized access to his / her account has been carried out by third parties, he / she must immediately intervene in order to protect his / her account by modifying his / her password and possibly contacting Flame'l at the addresses indicated in article 13. Flame'l assumes no responsibility for any damage resulting from non-diligent custody of credentials to access your account;
7.1.4. not to provide personal data and contact data that is not true and not to create accounts for third parties. Each Customer can create only one account. If Flame'l deactivates the Customer's account for violation of one of the conditions of these Terms and Conditions, the Customer undertakes not to register any new ones;
7.1.5. not use the communication services available on the Site to send unsolicited communications, spam, threats, inappropriate content or carry out other illegal activities;
7.1.6. not to publish through the Site any contents or materials of any type and nature that are contrary to the law, public order, morality or any third party rights;
7.1.7. not to transmit, upload, or otherwise make available any viruses, advertisements, unsolicited or unauthorized promotional materials, including any form of spam;
7.1.8. not to damage, interfere or interrupt access to the Site and its contents, or perform actions that could alter the functionality or interfere with the access of other Clients to the Site and its contents;
7.1.9. not use the Website in an illegal or harmful way for Flame'l, for any other Customer or for any other third party.
7.1.10. It is expressly forbidden to help or incite, in any way and in any form, to one or more acts and activities listed above.
7.2. Flame'l may restrict the use, suspend or terminate the account of any Customer who abuses the Site. The closure of an account will make it impossible for the Customer to use the features offered by the Website.
8. Right of Withdrawal
8.1. Customers not satisfied with the products received may exercise the right of withdrawal granted to them by the Consumer Code, returning the products received to Flame'l, without having to provide any reasons, within fourteen days of receipt of the product.
8.2. Specifically, the term referred to in Article 8.1 begins on the day on which the Customer (or a third party other than the carrier and designated by the Customer) has acquired physical possession of the products;
8.3. For the exercise of this right, the Customer must send a communication with which he expresses his will. This communication must be sent by request for withdrawal by filling out the appropriate form on the site. For more information on the return procedure, please consult the "Help & Faq" section of the website.
8.4. To exercise the right of withdrawal, the customer must also fill out the paper return form included in the original order and return the goods in perfect condition to Flame'l, otherwise this request can not be taken into charge.
8.5. In the event that the Customer exercises the right of withdrawal, the Customer is required to return the goods to Flame'l without undue delay and in any case within fourteen days from the date on which he communicated his decision to exercise this right. The deadline is met if the customer sends back the goods before the expiry of the period of fourteen days. The products must be returned to the address indicated on the return form, using the pre-paid label included in the original shipment.
8.6. In case of withdrawal, the cost of the returned product will be reimbursed to the Customer. The costs of delivery of the product remain the responsibility of the customer, but Flame'l will bear all the costs for returning the product.
8.7. These refunds will be made using the same means of payment from the Customer used for the initial transaction; in any case, the Customer will not incur any costs as a consequence of such reimbursement.
8.8. The reimbursement may be suspended until receipt of the goods or until the Customer demonstrates to have sent back the goods, if previous.
9. Legal Warranty
9.1. The legal guarantee provided for by Italian law is also applicable to the sale of products, in compliance with articles 128 and following. of the Consumer Code. Flame'l has the obligation to deliver goods that comply with the sales contract.
9.2. The legal guarantee applies in case of non-conformity of the product and on condition that the product has been used for the purpose for which it is intended. The legal guarantee does not cover damage due to normal wear and tear, damage caused by cosmetics, abrasion, scratches, loss of color, negligence or misuse by the customer, cleaning not compliant with instructions, repairs made by unauthorized parties, changes to the original design . Although not expressly provided for here, reference should be made to the rules laid down in this regard by the Consumer Code.
9.3. The Customer is required to immediately verify that the products received correspond to those ordered or that there are no defects of conformity of the product.
9.4. Once a product defect has been discovered, the Customer will have the right, free of charge, to restore the conformity of the good by repair or replacement, at his choice and without expenses in both cases, unless the remedy is objectively impossible or excessively expensive compared to the the other, in which case he will have the right to a reasonable reduction of the contract or the termination of the contract, with the consequent restitution of the entire price paid.
9.5. The legal guarantee is valid for two years from the date of delivery of the product. It is understood that the Customer loses this right if he does not report to Flame'l the lack of conformity within the term of 2 (two) months from the date on which he discovered the defect.
9.6. The request of the customer to obtain one of the remedies listed above must be communicated to Flame'l through communication that allows its tracking (registered with a.) To be sent to the addresses indicated in article 13 and must be sent in advance by e-mail. The Customer's wish to avail himself of the legal guarantee provided by the Consumer Code to correct the conformity defects of the purchased products may be exercised in the form described above only for defects relating to the products purchased on the Website.
10. Intellectual Property Rights
10.1. The Site and all the Contents, including, but not limited to, the logos, the brand, the images, the icons, the graphics, the texts, the photographs, the videos, the sounds and the illustrations, are property of Flame ' l or its licensors.
10.2. The Site and its Contents are protected by national and international legislation on copyright, registered trademarks, designs and models, software and domain names and / or other intellectual and industrial property rights.
10.3. The Customer can not reproduce (except for purposes related to personal use and within the limits established by applicable laws), publish, communicate to the public by any means of communication, transmit, perform, represent, distribute, display, remove, delete, add or otherwise modify the Site and its Contents, as well as create works inspired or derived from them, market the Website and / or its Contents and / or take an active part in their marketing.
10.4. The web pages of which the Website is composed may allow access, through dedicated hypertext links, to other websites or resources present on the Internet. Flame'l can not be held responsible for the concrete reachability of the third-party sites connected through the links, nor for any damages resulting to Customers in relation to the contents or materials or services offered or obtained by the Customers through the aforementioned websites.
11. Exclusion of Warranty and Limitation of Liability
11.1. The Customer expressly recognizes and accepts that the Site and its Contents are provided "as is" and "as available" at the time of their use.
11.2. Within the maximum limits permitted by applicable law, Flame'l can not be held responsible in any way for damages or losses related to products purchased on the Site by the Customer.
11.3. The Customer undertakes to indemnify and hold Flame'l harmless from any and all liability arising from the breach by the Customer of these Terms and Conditions or other legal provisions to which compliance is kept.
11.4. Flame'l takes every possible effort to ensure that the contents of the website under its jurisdiction are accurate and up-to-date. Flame'l, within the limits provided by the applicable law, does not provide any guarantee, explicit and / or implicit, in relation to the Site and its contents such as, for example, any guarantee of safety by malicious software (ie malware and / or viruses of any kind and only by way of example, file viruses, boot viruses, macro viruses and network viruses), breaking or suspending the activities of the server hosting the Site, or guarantees of merchantability or fitness for a particular purpose.
11.5. Any content acquired through the Website is obtained solely and exclusively at the sole discretion of the Customer. The Customer is solely and exclusively responsible for any damage to his computer or for the loss of data deriving from having downloaded such Content or for having used the Site. Within the limits established by applicable law, through the use of the Website, the Customer undertakes to bear all the risks associated with this use and to assume full responsibility for any non-use, loss of data and costs associated with any assistance and / or repair of the hardware and / or software employees in connection with the Site, also undertaking not to consider Flame'l responsible in any way for any damage arising or caused by use of the Site or related to it.
11.6. Nothing in these Terms and Conditions implies in any way that Flame'l is obligated or can be considered obliged to perform a preventive surveillance activity on the information it stores and transmits, nor to actively seek facts or circumstances that indicate the presence of legally or contractually illicit activities. In any case, the rights and the faculties recognized to Flame'l in accordance with the applicable legislation are respected.
12.1. Within the maximum limits established by the applicable law, the Customer undertakes to indemnify and hold harmless Flame'l, its affiliates, directors, executives and assignees from any and all liability deriving from property damage and not suffered by other Customers and / or third parties in any way (i) connected to the execution of the contract concluded through the Site, (ii) arising from the negligent use of the Website or otherwise in violation of any provision of these Terms and Conditions, (iii) arising from the violation of any standard of applicable law.
13. Jurisdiction and Applicable Law
13.1. These Terms and Conditions are governed by Italian law. According to the Consumer Code, for the settlement of disputes relating to the conclusion, interpretation, application, execution, default or termination of these Terms and Conditions or in any way arising from these Terms and Conditions, the territorial jurisdiction is that of the court of the Municipality of residence or domicile of the Customer.
13.2. Customers can resort to out-of-court dispute resolution procedures, referred to in Articles 141 to 141-decies of the Consumer Code. The European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr.
14.1. Personal data provided by the Customer through the Site, in the context of a sale or in connection with any other communication with Flame'l, are processed in accordance with the information on the processing of personal data published on the Site.
14.2. Each provision of these Terms and Conditions must be considered separately and independently of the others. If any provision of these Terms and Conditions is held to be invalid, null or for any reason unenforceable, such provision will not affect the validity and effectiveness of the others.
14.3. If Flame'l does not use one of the provisions of the Terms and Conditions at any time, this can not be interpreted as a waiver of the right to invoke this provision at a later date.
14.4. Any hypothesis of force majeure, will determine the suspension of the obligations contained in these Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event will not be held responsible for the impossibility of fulfilling these obligations.
15.1. For any information, complaint, or for any matter relating to these Terms and Conditions, please contact: Flame'l, contacting us by email at [email protected]
Last updated date: 10/12/2018.