Terms and conditions

These Terms govern your use of this Website and any other Agreement or legal relationship with the Owner.

This Website is a service of:

La Beba by Simona D'Amaro

Via Valdellora 8, 19124 - La Spezia (SP)

VAT number: IT13288070967

Email: labebaembroidery@gmail.com

+39 3481228892

TERMS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

Contents on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned by or provided by the Owner.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without any prejudice to legally exercisable rights and claims, Users are asked to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Website

The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website solely for personal and non-commercial purposes and provided that attribution of authorship of the work as well as indication of any other relevant circumstances requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and pursuant to applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or third party rights.

Therefore , the Owner reserves the right to adopt any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Site Web or the Service to the competent authorities whenever the User carries out or is suspected of carrying out:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• acts that may significantly prejudice the legitimate interests of the Data Controller;
• offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Website as part of the service are subject to charges.

In particular, this website sells: Hand- and machine-embroidered clothing and accessories.

The fees, duration and conditions applicable to the sale of such Products are described below

Product Description

Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors) is intended for reference only and does not imply any guarantee regarding the characteristics of the Product purchased , as each product is handmade and subject to small variations.

Prices

The price of the products will be that indicated from time to time on the site, except where there is an obvious error. In the event of an error, the owner will notify the buyer as soon as possible, allowing the order to be confirmed at the correct amount or canceled. In any case, there will be no obligation for the owner to supply what was sold at the lower price incorrectly indicated.
The prices on the site include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.

Purchase procedure

Each phase, from choosing the product to placing the order, is part of the purchasing procedure.

The purchase procedure includes the following steps:

• Users are asked to choose the desired Product and verify their purchasing choice.

• Once the desired products have been selected, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the information requested at each step of the process. In addition to the shipping and contact information, the customer is required to enter the Tax Code/VAT number, for the sole purpose of fulfilling the tax obligations of electronic invoicing by the owner. Order details may be modified before payment.

• After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the order

Sending the order involves the following:

• Sending the order by the user determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any further charges and expenses, as specified on the order page.
• In the event that the purchased Product requires action on the part of the User, such as the provision of information or personal data, specifications or special requests (as in the case of personalized embroidery), the forwarding of the order constitutes the responsibility of the User also the obligation to collaborate accordingly.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Owner .

Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Owner's headquarters, as indicated in the contact details in this document.

Good

Promotions and discounts may be offered in the form of Vouchers.

In case of violation of the conditions applicable to the Vouchers, the Owner can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take action in the appropriate courts, including judicial ones, in order to protect his rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher;
• The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
• Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of installment purchases;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights remains excluded, including the reimbursement of the value of the Voucher;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.

Means of payment

• Payment can be made via:
  Credit cards, PayPal or Satispay

All payments are managed independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that payment is unsuccessful, the Owner reserves the right to request reimbursement from the User for any related expenses or damages.

Retention of title

Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

• Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
• Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
• Delivery times are indicated on this Website or during the purchase procedure.
• The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the 'User.
• In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures. Unless otherwise specified, any delivery attempt starting from the second will be at the User's expense.

 

Right of withdrawal

• In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase within 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products, with the exception of personalized products for which it is not possible to request withdrawal or replacement.
• The user who intends to exercise the right of withdrawal must communicate this via an explicit declaration, which can be sent by registered letter with return receipt to the address:

D'Amaro Simona
via Valdellora 8
19124 La Spezia (SP)

The user may also indicate their wish to withdraw, indicating the order number and name of the user, to:
labebaembroidery@gmail.com

• The goods can be sent to:

D'Amaro Simona
via Valdellora 8
19124 La Spezia (SP)

• The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the owner will refund the amount of the products subject to the withdrawal within a maximum period of 14 days, excluding any shipping costs incurred by the user.
• The costs incurred for returning the goods will be borne by the user.
• As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site may suspend the reimbursement until receipt of the goods or until the buyer demonstrates that he has sent the goods back.
• The right of withdrawal will not apply if the services and products are included in the categories of the art. 59 of Legislative Decree 206/2005.
• The owner will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

Who enjoys the right of withdrawal

All Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the specified period of time (14 days) for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Effects of withdrawal

The refund takes place without undue delay and in any case within 14 days from the day of receipt of the returned item, and only after checking that the conditions of the returned item are unaltered. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14 day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned them.

Return shipping costs are the responsibility of the User.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

• to supply goods made to measure or clearly personalized;

 

Data processing

The buyer's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).

No implied waiver

Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver thereof. No waiver may be considered final with respect to a specific right or any other right.

Service Interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the activity of the Service, the Owner will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, according to the provisions of the law. .

Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as causes of force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.

All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the regulations and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not want to accept the changes, you must stop using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The modification provisions of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the contact details indicated in this document.

Applicable law and competent court

These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any different mandatory rules prevailing in the country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.

Any disputes inherent and/or consequent thereto must be resolved exclusively by the Italian jurisdictional authority. In particular, if the user qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the user according to the applicable law.

Safeguard clause

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the entire Agreement being void, unless the void, invalid or unenforceable provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Dispute Resolution

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are asked to contact the Owner at the contact details indicated in this document.

The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account affected.

The Data Controller will process the request without undue delay and within 21 days of its receipt.