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TERMS AND CONDITIONS OF USE

 

Welcome to the www.modafirenze.com website (the “Website”).

 

USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.

 

The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and when you make an online purchase on this Website, the relevant general terms and conditions of sale. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.

This Website is operated by MODA FIRENZE LTD (hereinafter “MODA FIRENZE” and collectively with its subsidiaries “MODA FIRENZE Group”, a corporation having its principal place of business in both Firenze, Italy and Vancouver, British Columbia Canada, operating holding company of the MODA FIRENZE Group.

MODA FIRENZE reserves the right to modify the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such modifications implies full acceptance of the Terms and Conditions of Use in their amended version.

 

  1. Intellectual Property Rights

This Website as a whole and all material on this Website, as well the “MODA FIRENZE” trademark, are owned and registered by MODA FIRENZE, a company fully owned by MODA FIRENZE LTD.

All trademarks and logos, whether registered or not, displayed on the Website, including but not limited to the “MODA FIRENZE” trademark, as well as all the other distinctive connected marks and reproduced on the Website, are and will remain the exclusive property of MODA FIRENZE. Trademarks and logos belonging to other brands sold on the site or within the MODA FIRENZE store are owned and operated respectively with their owners. These trademarks and signs may not be used in connection with any product or service that does not originate with MODA FIRENZE Group, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “MODA FIRENZE” name and trademark and the products bearing the “MODA FIRENZE” trademark.  You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to MODA FIRENZE and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the “e-store” section, are displayed for informational or promotional purpose only. The Website may be accessed solely for your own personal use and not for business reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.

No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website.  You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.

 

  1. Disclaimer

This Website and its Content are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. MODA FIRENZE expressly disclaims any representations and warranties.

In no event shall MODA FIRENZE, or any other MODA FIRENZE Group company, be liable (on whatever basis, both contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if MODA FIRENZE has been advised of the possibility of such damages) arising out of:

  • (a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
  • (b) any transaction entered into through or from the Website,
  • (c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
  • (d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
  • (e) the use of any products or services obtained on or through the Website,
  • (f) unauthorized access to the Website and unauthorized alteration to transmissions or data,
  • (g) statements or conduct of any third party on the Website or
  • (h) any other matter relating to the Website.

Therefore, by using this Website, you undertake to bear all risks connected with such use, holding MODA FIRENZE, or any other MODA FIRENZE Group company, harmless from any damage deriving or caused by the use of this Website or connected with it.

MODA FIRENZE will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that this information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that these imperfections will be corrected.

In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.

Any reference to any product or service which has been or may be provided by MODA FIRENZE or any other company authorized by MODA FIRENZE for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.

Material in this Website may contain inaccuracies or typographical errors. MODA FIRENZE is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.

However, MODA FIRENZE reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that MODA FIRENZE shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

 

  1. Submissions

You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to MODA FIRENZE through this Website or by other means (hereinafter “Submissions”) are neither confidential nor proprietary to you. All submissions become MODA FIRENZE’s property upon submission to MODA FIRENZE. By making a Submission to MODA FIRENZE, you assign to MODA FIRENZE all rights, title and interests, including copyrights, in the Submission. MODA FIRENZE has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right.  By making a Submission, you agree that MODA FIRENZE has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

 

  1. Cookies

Cookies are used in the Website to ensure its efficient functioning and to improve our service. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites; they are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites. MODA FIRENZE uses temporary session cookies that are automatically deleted after each visit and permanent cookies that are stored on the user’s hard disk until their expiration or deletion by the user. Cookies are used to improve website navigation and collect information in an anonymous form about how users use the Website. This information allows us to make constant updates to improve the use of the Website by users. This Website does not use profiling cookies. For more information about cookies please read the Privacy Policy published on the Website.

Passwords, credit card data or other identifiable personal information are never saved in cookies.

Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.

 

  1. Privacy

MODA FIRENZE understands that maintaining the confidentiality, integrity and security of its user’s non-public, personally identifiable information (collectively “Personal Data”). In general, you can access and browse the Website without providing Personal Data. However, there may be times when you may be requested to knowingly and willingly provide some Personal Data, so that you may participate in the Website’s services, activities or features.  For the purpose of using these Website sections, you undertake to read the relevant privacy policy expressing, when requested, your consent to your personal data processing and you agree to provide true, accurate, current and complete information. MODA FIRENZE does not collect Personal Data about (and consequently does not accept online orders from) users under 18 years of age. Thus, MODA FIRENZE invites underage users not to enter their personal data (and not to make any online purchase) and, as a consequence, have the necessary procedures performed by adults.

Personal Data are processed by the Data Controller – mainly using electronic tools – as identified in the relevant privacy policy. Whenever necessary and/or instrumental to the purposes for which Personal Data have been collected, your personal data may be processed by other entities appointed by the Data Controller for this purpose and belonging to the following categories:

  • (a)   Other MODA FIRENZE Group companies;
  • (b)   Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (e.g. service providers, freight forwarders, IT maintenance technicians, etc…).

Your personal data shall not under any circumstances be disseminated to unknown persons.

You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to:

SUPPORT@MODAFIRENZE.com.

 

  1. Links to other Websites

The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. MODA FIRENZE has no responsibility for those websites and provide these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, MODA FIRENZE cannot control these websites and external sources. Hence, MODA FIRENZE cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, MODA FIRENZE cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.

 

  1. Security

Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of MODA FIRENZE may be able to access or intercept transmissions or private communications without MODA FIRENZE’ s permission or knowledge. MODA FIRENZE takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk and MODA FIRENZE cannot be held liable for any breach of security which is not directly attributable to MODA FIRENZE’s negligent behavior.

 

  1. Acceptance of Terms and Conditions of Use

By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.

You agree to indemnify and hold harmless MODA FIRENZE from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.

 

  1. Governing Law; Jurisdiction

You agree that entering in this Website you accept the Italian law. These Terms and Conditions of Use shall be governed by and construed in accordance with the international and nation laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of your location.

It remains understood that, with respect to the proper interpretation of these Terms and Conditions of Use, in case of any discrepancy between the original text and any other language translation, the original text shall be deemed the binding version.

 

  1.  GENERAL TERMS OF SALE

     

    Introduction

    1. The distance selling of “MODA FIRENZE” brand products through the www.MODA FIRENZE.com website (hereafter referred to as the “Website”) is governed by the following General Terms of Sale (hereinafter referred to as the “General Terms”). Products offered on the Site are sold directly by MODA FIRENZE LTD. (hereinafter referred to as “MODA FIRENZE”). In order to meet the needs and expectations of its customers, MODA FIRENZE has decided to create, alongside its network of direct and exclusive points of sale, a network for distance selling of some of its products through its Website, offering a selection of certain categories of “MODA FIRENZE” products. The list of “MODA FIRENZE” products offered for distance selling can be found on our Website.
    2. The use of the distance selling service described in these General Terms of Sale is restricted exclusively to consumers (hereinafter referred to as the “Customer” or, in the plural, “Customers”) understood as natural persons who act for purposes not related to their trade, business, craft or any professional activity they perform, who are aged over 18 (or, if a minor, authorised by their legal representative).
    3. Products offered for sale on the Website may only be purchased in cases where the products are to be delivered to one of the following Countries as listed on the site. Further information can be found when contacting SUPPORT@MODAFIRENZE.com.
    4. The languages used for concluding sale agreements through this Website are: English, and Italian. Further language support can be provided upon request by contacting our support team at SUPPORT@MODAFIRENZE.com.
    5. Any resale, rental or transfer of products purchased from the Website for any whatsoever commercial or professional purpose is expressly prohibited.
    6. These General Terms of Sale are published on the Website for the information of the Customer and to enable their storage and reproduction by the Customer pursuant to art. 12, paragraph 3, of Legislative Decree No. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market), and following additions and amendments.
    7. MODA FIRENZE may amend and/or make additions to these General Terms of Sale at any time. Customers are therefore required to accept only the General Terms of Sale in force at the time of purchase. Any changes and/or additions will be effective exclusively with respect to the purchase orders made following the date of the amendment and/or addition. The elimination of these General Terms of Sale from the MODAFIRENZE.com website shall imply their automatic and irrevocable unenforceability and ineffectiveness against MODA FIRENZE in relation to the purchases made following their elimination from the Website, even in the event that said General Terms of Sale were still available and/or accessible to the public through other websites.
    1. Purchase procedure
      1. Each product offered for sale on the Website can be viewed using a special link to photographic images of the article together with the unit price, colours and different sizes (where relevant). Information regarding “MODA FIRENZE” products offered for sale through the Service is provided in accordance with applicable legislation, in particular Articles 49 and 51 of Legislative Decree No. 206 of 6 September 2005, as amended by Legislative Decree No. 21 of 21 February 2014 (hereinafter referred to as “Consumer Code”).
      2. Each sale concluded by MODA FIRENZE through the online distance selling service (the “Service”) can involve one or more products. MODA FIRENZE reserves the right to amend, at any time, limits on the amount and/or type of products that may be purchased through the Service.
      3. Customers may choose the articles of interest to them. A description of products for sale, including the measures or sizes (where relevant), together with one or more photographic images in digital format providing a true representation of products available on the Website, shall be included in the Customer’s shopping cart.
      4. While MODA FIRENZE is constantly adopting measures to ensure that photographs displayed on the Website are faithful reproductions of original products, including the adoption of every technological solution possible to minimise inaccuracies, some variations are always possible due to the technical characteristics of the colour resolution of the computer used by the Customer. Accordingly, MODA FIRENZE shall not be liable for any inadequacy of the graphic representations of “MODA FIRENZE” products displayed on the Website if arising from such technical limitations.
      5. To view selected items and the total price of the purchase order (hereinafter referred to as “the Order”), click on the icon in the shopping cart. Prior to confirming the Order, Customers are required to verify the accuracy of the contents of their shopping cart, complete the purchase form according to the instructions on the corresponding page of the Website and confirm that they have read and accepted these General Terms.
      6. The purchase procedure is completed when the Customer selects the “proceed” option (hereinafter referred to as “Order Confirmation”). The purchase procedure must be fully completed, otherwise the content of the shopping cart will be cancelled at the end of each shopping session.
      7. Customers must follow the instructions contained in the Website if they need to make any changes (for example to an indicated article or to the number of articles) or to correct any errors in their Order.
      8. Following Order Confirmation, the Order shall be sent directly to MODA FIRENZE. The Order shall be filed in the MODA FIRENZE order management system held by its own service provider. Customers may check the status of their Order as provided in Article 6.7 below. Without prejudice to any uses of data for purposes other than the purchase as described in the privacy policy statement published on the Website and subject to the prior express consent of the Customer, the purchase order form and Customer data concerning said Order shall be kept by MODA FIRENZE for the period provided for by applicable legislation.
      9. On conclusion of the purchasing procedure, it is recommended that Customers download, save or print the General Terms in force at the time the Order is placed. As provided at Article 51 of the Italian Consumer Code, Customers shall also receive an email message (hereinafter the “Confirmation E-mail”) at the address indicated on the purchase form containing confirmation of the conditions of the purchase, , such as: written confirmation of the product ordered, together with an indication of its principal characteristics, data on MODA FIRENZE as specified in Article 12 of these General Terms, the total price of the product, the methods of payment or any amount already paid by the Customer, the existence of a right of withdrawal and relevant methods of exercising the right, the geographical address for any complaints, information on support services, the date by which MODA FIRENZE undertakes to deliver the ordered product, the existence of a legal guarantee of conformity of the products and the cost of use of the Website where such cost is to be calculated on a basis other than the base rate.
      10. MODA FIRENZE reserves the right to reject Orders placed by a Client with whom litigation is pending in relation to a previous Order, in which case no Order must be understood as accepted by MODA FIRENZE and no contract must be understood as being concluded between MODA FIRENZE and the Customer. MODA FIRENZE also reserves the right to refuse to accept orders placed by Customers deemed unsuitable, including, by way of example, Customers having committed breaches to the general terms of sale during previous purchases of products from the Website, or Customers that intend to purchase the products for purposes related to their own or others’ business or professional activities, or fail to operate on the basis of an actual and genuine interest in the purchase of the products ordered, or exercise the right of withdrawal established in paragraph 8 hereunder in an abusive manner, or for any other legitimate reason, particularly if the Customer has been involved in fraudulent activities of any kind. In such cases, the Order sent by the Customer shall be understood as void and without effect. MODA FIRENZE shall transmit to the Customer, by email, a communication indicating its non-acceptance of the Order and the non-conclusion of the contract, and shall ensure that any debit and/or sum charged to the Customer is cancelled. MODA FIRENZE shall inform the Customer of any inability to accept the Orders received within 30 days of the date of actual receipt of the order and shall refund any sums already charged to the Customer.
    2. Product availability
      1. The Customer acknowledges that stocks of the products offered by MODA FIRENZE through the Service are limited. The Customer is therefore aware that all the products described on this Website are subject to availability at all times.
      2. Problems may occasionally occur with regard to the availability of certain products. In such circumstances, MODA FIRENZE shall promptly notify the Customer by email or phone (in all cases within the delivery deadline indicated hereunder), offering the Customer the option of buying an article of the same kind as the unavailable item or cancelling the Order. Customers who choose to cancel the Order shall not be charged with any amount. If the charge has already been made, the Customer shall be promptly refunded.
      3. MODA FIRENZE reserves the right to alter articles on sale through the Website at any time without notice.
    3. Conclusion of the contract
      1. Following Order Confirmation, the Order is sent to MODA FIRENZE to be shipped and may no longer be modified or cancelled, except in the cases expressly provided for in these General Terms or where provided for by applicable Italian legislation. An order sent by the Customer shall be processed by MODA FIRENZE only if the entire purchase procedure has been duly and correctly completed without any error message from the Website.
      2. The contract between MODA FIRENZE and the Customer is understood as concluded at the moment the Customer receives a Confirmation e-mail from MODA FIRENZE informing him that the Order, sent in accordance with the purchase procedure, has been successful.
      3. The Order Confirmation is proof of acceptance by the Customer of the provisions of these General Terms.
      4. Data recorded on the Website constitutes full proof of the details of transactions between MODA FIRENZE and the Customer. In the event of a dispute between MODA FIRENZE and the Customer in relation to a transaction concluded through the Website, the data recorded by MODA FIRENZE shall serve as full proof of the transaction.
    4. Price and Method of Payment
      1. The prices of all products on sale through the Website are inclusive of VAT.
      2. Prices shall be indicated in USD (United States Dollar), but can also be converted to European Dollar (EUR) for shipments. This can be selected at any point by the customer.
      3. The total amount shown during the purchase process includes shipping costs as specified below and indicated in the shopping cart.
      4. MODA FIRENZE reserves the right to change the prices of products on sale through the Website at any time and without notice. The Customer shall be charged the prices published on the Website at the time the Customer confirms the order, provided that the products ordered are in stock at the time the order is placed.
      5. MODA FIRENZE accepts credit card or PayPal payments only. Credit cards accepted are those specified on the Website.
      6. For the purpose of credit card payments, the Customers confirms and warrants that he or she is the holder of the credit card used for the purchase and that his or her name is that indicated on the credit card. The Customer then provides the credit card number, the expiry date and the security code indicated on the credit card. Transactions shall be charged to the Customer only after:
        (i) the credit card details have been verified,
        (ii) authorisation to debit has been received from the credit card company that issued the credit card used by the Customer, and
        (iii) MODA FIRENZE has confirmed the availability of the product and the Order is ready to be shipped. No debit shall be made at the moment the Order is transmitted, except for any debit necessary to ascertain the validity of the credit card.
      7. For the purpose of payment by PayPal, the Customer confirms and warrants that he or she is the holder of the PayPal account used for the purchase. Transactions shall be charged to the Customer only after he or she has received the Confirmation E-mail from MODA FIRENZE.
      8. In the event that, for any reason, it is impossible to debit amounts due from the Customer, the sale process shall be automatically annulled and the sale automatically cancelled.
      9. Purchased products are dispatched only following verification by MODA FIRENZE of the details of the credit card used by the Customer with the relevant bank and receipt of authorisation to debit the card, or following notification of transaction success in case of PayPal payment.
      10. If one or more of the products are not available, only the price and shipping costs corresponding to available products shall be debited.
    5. Consignment
      1. Products shall be shipped to the address indicated during the Order placement procedure and upon delivery shall require the signature of the Customer, or their legal representative in cases where the Customer is a minor aged under 18.
      2. For safety reasons MODA FIRENZE shall not dispatch any Order addressed to a post office box or accept any Order in which it is impossible to identify the natural person who is the consignee of the Order or his address.
      3. Products sold through the Website can be purchased and delivered only to the countries indicated above (Article 1.3). Therefore, any Orders for shipments to destinations other than the indicated countries shall be automatically rejected during the Order placement procedure.
      4. Shipping costs which will be charged to the customer are expressly indicated, separately from any other costs or charges.
      5. MODA FIRENZE shall consign the purchased products, except in cases of force majeure or fortuitous events, within and not later than 30 days of the date of conclusion of the contract or within another term as may be agreed with the Customer, unless MODA FIRENZE communicates, within the same term, its non-acceptance of the Order or the impossibility of consigning the ordered products as a result of the supervening unavailability, including temporary unavailability, of the products. In the latter case MODA FIRENZE shall refund any sums already paid by the Customer. In the event that MODA FIRENZE fails to fulfil its obligation to consign the products ordered within the aforementioned term or within any different that may be agreed, the Customer may invite MODA FIRENZE to make the delivery within a further term appropriate to the circumstances, except where one of the Customer’s exemptions from this obligation apply, as provided at Article 61, paragraph 4, of the Italian Consumer Code. This provision applies without prejudice to the Customer’s right to immediately terminate the contract and to seek compensation for damages if the ordered product is not delivered within any additional period indicated.
      6. In order to expedite the dispatch of ordered products, MODA FIRENZE reserves the right to divide an Order into multiple shipments according to the availability of particular items. In this case MODA FIRENZE shall notify the customer by email or by phone and the price shall be charged separately for the products actually shipped only. Shipping costs shall in all cases be invoiced in full as dispatched in a single shipment.
      7. The moment that the purchased products leave the MODA FIRENZE warehouse, the Customer will receive an email notification at the address indicated on the purchase form. The email shall contain a tracking code and an exclusive link enabling real time monitoring of the shipment. MODA FIRENZE Customer Service shall provide assistance with any problem concerning delivery. Customers may contact MODA FIRENZE Customer Service by email at the address: SUPPORT@MODAFIRENZE.com. In accordance with Article 63 of the Italian Consumer Code, the Customer assumes the risk of loss or damage to ordered products that is not attributable to MODA FIRENZE only from the moment that the Customer or a third party designated by him other than the carrier physically takes possession of the products. It is understood that the risk is transferred to the Customer at the moment of delivery of the ordered products to the carrier, if the latter has been chosen by the Customer and this choice has not been proposed by MODA FIRENZE, without prejudice to the Customer’s rights vis-à-vis the carrier.
      8. In the event, on the other hand, that any loss or damage to the product is attributable to MODA FIRENZE, the latter shall, in accordance with applicable legislation, replace the product free of charge on the express request of the Customer, which must be sent to the email address indicated above.
    6. Conformity of ordered goods
      1. Customers are required to check the goods on delivery to ensure that they correspond to items ordered and that they do not have any production or other defects. The sale of “MODA FIRENZE” products is also subject to the legal guarantees established by Italian law, in particular those provided and governed by Articles 129, 130 and 132 of the Italian Consumer Code, in addition to any further manufacturer’s warranty provided to the Customer.
      2. In the event of production or conformity defects, the Customer is entitled to have the product restored to its original state by repair or replacement, except where the remedy requested is objectively impossible or unduly burdensome compared to another remedy. In the event of the occurrence of one of the cases provided for at article 130, paragraph 7, of the Italian Consumer Code, the Customer may request a reasonable reduction in the price or cancellation of the contract. It is understood that the Consumer shall forfeit these rights if he or she fails to notify MODA FIRENZE of the non-conformity of the product within 2 (two) months of the date on which the Customer discovered the defect. Actions intended to assert defects not maliciously concealed by the MODA FIRENZE shall automatically lapse 26 (twenty six) months after the consignment of the product. In the event of cancellation of an Order, no charge shall be made to the Customer. If any amounts has already been charged, the Customer shall be promptly refunded.
      3. Any request by the Customer for one of the remedies indicated above must be communicated to MODA FIRENZE by email at the following address will be responded to as soon as possible by MODA FIRENZE support staff. SUPPORT@MODAFIRENZE.com.
      4. The Customers’ right to avail themselves of the guarantee as provided by the Italian Consumer Code to remedy any lack of conformity of purchased products may be exercised as described above only in relation to defects in products purchased through the Website.
    7. Returns and refunds – Withdrawal
      1. Customers may exercise their right of withdrawal as described hereunder:
        a) The right of withdrawal must be exercised by the Customer within 14 (fourteen) days of the date of delivery of the products to the Customer or to a third party, other than the courier responsible for delivery, who has been designated by the Customer (in the case of an Order in several lots as provided at Article 6.6 of these Terms and Conditions, the period of 14 (fourteen) days shall commence from the date on which the Customer, or the third party other than the courier responsible for delivery who has been designated by the Customer materially comes into possession of the last item).
        b) To exercise their right of withdrawal, Customers must fill out the special “return form” included in the delivered package containing the products. The aforementioned “return form”, duly completed and signed by the Customer, must be sent to MODA FIRENZE by email to the following addresses: SUPPORT@MODAFIRENZE.com. The “return form” must be included in the package in which the products are returned.
        c) The products must be returned in their original state and with the packaging in which they were delivered.
      2. Products must be returned to the following address as stated during communication with MODA FIRENZE Support Team.
      3. The Customer undertakes to return the products in relation to which the right of withdrawal is exercised without undue delay and in all cases within 14 (fourteen) days of the date on which the Customer notified MODA FIRENZE of their decision to withdraw from the contract pursuant to Article 54 of the Italian Consumer Code.
      4. Except as provided in Article 8.6, the costs of returning the products shall be borne by MODA FIRENZE.
      5. MODA FIRENZE shall verify that the products have been returned in the condition in which they were delivered, within the packaging in which the product was sent from MODA FIRENZE to the Customer. The substantial integrity of returned products constitutes an essential requirement for the exercise of the right of withdrawal. The Customer shall be solely responsible for any reduction in the value of products resulting from their handling except for what is necessary to determine the product’s nature, characteristics and functionality as provided by Article 57 of the Italian Consumer Code. MODA FIRENZE therefore reserves the right to refuse refunds for products that have been damaged, that have deteriorated, that are dirty, or that are in a state that clearly indicates that the products have been used for purposes other than those indicated above. MODA FIRENZE also reserves the right to seek compensation for any damage due to wilful misconduct or negligence on the part of the Customer in relation to the return of the products. MODA FIRENZE shall not be held responsible in the event of loss or theft of returned products, or in the event of returns to an incorrect address, or delays in the delivery of returned products not attributable to MODA FIRENZE itself, it being understood that the Customer shall assume all risks arising from any such consignment. The Customer shall be responsible for providing proof of the return of the products.
      6. MODA FIRENZE shall reimburse the price of returned products without undue delay and in all cases within 14 (fourteen) days of the date on which MODA FIRENZE has been informed of the exercise of the right of withdrawal by the Customer. In accordance with art. 56 of the Italian Consumer Code, MODA FIRENZE reserves the right to withhold a refund until it has received the product or until the Customer proves that he or she has returned the product correctly and in pristine condition, taking account of the situation occurring first. The refund shall be made by crediting the amount paid by the Customer by the same form of payment used for purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not sustain any cost as a result of the reimbursement. MODA FIRENZE is not obliged to reimburse any additional costs if the Customer expressly chooses a delivery method other than a less expensive method offered by MODA FIRENZE. MODA FIRENZE shall notify the Customer by email of the reimbursement of the price.
      7. Note that product returns and refunds of the purchase price are permitted exclusively for products purchased through the Website.
    8. Disclaimer
      1. Except in cases of malice or gross negligence, MODA FIRENZE shall not in any manner be held liable to the Customer for indirect or consequential damages that may be caused to the Customer as a result of the purchase of products on sale through the Website.
    9. Authenticity of products and intellectual property rights
      1. MODA FIRENZE guarantees the authenticity and the high quality of all products offered for sale on the Website.
      2. The “MODA FIRENZE” trademark, together with all the figurative and non-figurative marks and in general all other trademarks, illustrations, images and logos on “MODA FIRENZE” products, accessories and/or packaging, whether subject to registration or otherwise, are and shall remain the exclusive property of MODA FIRENZE LTD. The total or partial reproduction, modification, tampering or use of any such trademarks, illustrations, images and logos, for whatever reason and through any media without the prior express agreement of MODA FIRENZE is absolutely prohibited.
    10. Disputes
      1. These General Terms are governed by and shall be interpreted on the basis of the Italian law, without prejudice to any other mandatory provision, more favourable to the Customer, applicable in the Customer’s country of habitual residence.
      2. In the event of a dispute concerning the interpretation and/or application of these General Terms, the Court with jurisdiction over the place of domicile or residence of the Customer shall be exclusively competent if the Customer is located in the territory of the Italian state. In the event that the Customer’s domicile or residence are not located in the Italian territory, the Customer may choose, at his discretion, the Court of his place of residence.

     

    1. Contacts
      1. Customers are invited to send an email to the following address in relation to any complaints, requests for further information or assistance with the Website or the purchasing procedure, or requests for information and/or clarification of the provisions of these General Terms: SUPPORT@MODAFIRENZE.com

     

PRIVACY POLICY

MODA FIRENZE LTD. (hereinafter also “MODA FIRENZE”), operating holding company of the MODA FIRENZE Group, recognizes the importance for its users and customers to maintain the confidentiality, integrity and security of their non-public personally identifiable information (hereinafter “Personal Data”), and hereby informs you that Personal Data which you provided to MODA FIRENZE through the Site, as well as those which you possibly provide at a MODA FIRENZE Group’s direct store, including through its subsidiaries and/or affiliates (hereinafter collectively the “MODA FIRENZE Group”) will be processed in compliance with current Italian laws on privacy and with any specific local regulations applicable from time to time for data processing performed outside the Italian territory, as well as the principles and general conduct rules contained in the Code of Ethics adopted by the MODA FIRENZE Group.

  1. Type and source of Data
    Browsing data
    The computer systems and software procedures in charge of the Website’s operation acquire, during their normal operation, some personal data (so-called log files) the transmission of which is implicit in the use of internet communication protocols.
    This information is not collected in order to be associated to identified data subjects, but due to its same nature can, by means of processing and integration with data held by third parties, allow users to be identified. This category includes the IP addresses or domain names of the computers used by the users to connect to the Website, URI (Uniform Resource Identifier) form addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the reply given by the server (done, error, etc.) and other parameters concerning the user’s operating system and computer environment.
    These data are used with the sole purpose of obtaining anonymous statistical information concerning the use of the Website and to check its correct operation.

Cookies
Cookies are used in the Website to ensure its efficient functioning and to improve our service. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites; they are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.
This Website uses temporary cookies that are automatically deleted after each visit and permanent cookies that are stored on the user’s hard disk until their expiration or deletion by the user. Cookies are used with the only purpose to ensure the functioning of the Website and improve navigation by the user, collecting information in an anonymous form about how users use the Website. This information allows us to make constant updates to improve the use of the Website by users.
In particular, the following types of cookies are used in the Website:

  • navigation and session cookies, which guarantee regular navigation and use of the Website. These cookies do not contain any personal data and last for the duration of your connection, i.e. they expire when you close your browser;
  • functionality cookies, which allow the user to browse based on a set of selected criteria (e.g. the language or the products to be purchase);
  • performance cookies, which collect information on how users use the Website, e.g. the time spent on each page, the search engine used to reach the Website, the user’s country of destination, the time spent on the various pages, etc.  This information is processed in an aggregate and anonymous way, and is used for statistical purposes to improve our Website. For this purpose, the Website uses Adobe Analytics, a statistical service for websites and blogs offered by Adobe  (www.adobe.com/uk/privacy/analytics.html).The Website does not use – and not allow third parties to use – the tool Adobe Analytics to track or collect user’s personally identifiable information.

This Website does not use profiling cookies.

Most browsers are initially set up to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions on the Website.
You can visit the website www.aboutcookies.org for information on how to manage/delete cookies depending on the type of browser used. To delete cookies from the Internet browser of your smartphone/tablet, please refer to the instruction manual of your device.

Personal Data voluntarily provided by the data subject
MODA FIRENZE collects and will process the Personal Data you directly and voluntarily provided through the Website in order to place your online purchase, and/or to register to the Website for receiving information on MODA FIRENZE Group’s products and services, and/or to contact our client service, as well as those which you may provide by completing the customer card at a MODA FIRENZE Group’s store.
These data include, for example, your first and last name, postal and e-mail address, phone number.
Furthermore, sending e-mail messages through the Website and to the addresses mentioned on the Website, which is done on the basis of a freely chosen, explicit, and voluntary option, entails acquisition of the sender’s address, which is necessary in order to reply to any request, as well as of such additional Personal Data as is contained in the message(s).

  1. Purpose of processing
    Your Personal Data may be processed for the following purposes:
  • (a)     to respond to and meet all your requests and thus manage your relationship with MODA FIRENZE
  • (b)     to execute your online purchase order and, therefore, to perform all that is necessary for the management of your order (including administrative management of the contract, the delivery of goods, payment processing, management of claims and litigation, if any, and fraud prevention), as well as fulfillment of all the obligations imposed by laws and regulations currently in force.

Furthermore, and subject to your prior consent, your Personal Data may be included in MODA FIRENZE Group customer data base and processed for the following purposes:

  • (c)      for the preparation of studies, analyses and statistical and/or market researches, with relation to your preferences on our products, so that a service personalized to your needs may be offered, and to promote cultural and recreational activities that may be of interest to you;
  • (d)     for sending information and promotions, including of a commercial nature, advertising material, catalogues and invitations to events, related to the MODA FIRENZE Group’s products and services (by post, telephone, email and other form of electronic communication).
  1. Method of processing
    Your Personal Data will be processed by suitable means using electronic or automated computer and telematic tools, or manually and on hard copy, exclusively for the purposes for which they have been collected, guaranteeing the security and confidentiality of data processed.
    Your Personal Data will be processed by the MODA FIRENZE Group’s internal staff (employees and collaborators) duly authorized as person in charge of their processing within the scope of the performance of their duties, and possibly by external parties whenever necessary and/or instrumental for the execution of the above-mentioned purposes (e.g. service provider, couriers, technicians in charge of IT maintenance, companies used by MODA FIRENZE for the organization and/or management of promotional campaigns for its products or services, etc.).
    Your credit card data shall not be used for purposes other than the verification of the existence of payment means, the charging and management of payments, as well as the management of any and all claims or litigations. For this purpose, these data will be processed also by the bank providing services connected with the management of online payments and by the issuer of the credit card you will insert to validate your order.
    Please be also informed that in the event that you consent to your Personal Data processing for purposes referred to at letters (c) and (d) of the previous paragraph 2, your data will be automatically visible at all MODA FIRENZE Group direct stores.
  2. Nature of the provision of personal data
    The provision of Personal Data is optional.
    However, if you wish to make a purchase order for products offered on the Website, and/or receive information on MODA FIRENZE Group’s products and services, and/or contact our Client Service, it is necessary to fill in all mandatory fields of the relevant forms.
    The processing of your Personal Data for the purposes referred to at letters (c) and (d) is subject to your prior and explicit consent. Refusal to give your consent may result in our not being able to inform you of any initiatives that may interest you and/or send you any other information of a commercial nature on products, initiatives and events of the MODA FIRENZE Group.
    You may at any time revoke your consent to your Personal Data processing, writing to SUPPORT@MODAFIRENZE.com, or using the unsubscribe link which is included on all of our commercial electronic communication or other appropriate procedures which may be made available to you.
  3. Communication and dissemination of data
    Whenever necessary and/or instrumental to the above-mentioned purposes, your Personal Data may be processed by other entities acting as data processor, belonging to the following categories:
  • MODA FIRENZE Group companies (also outside the European Union);
  • Companies, consultants and firms providing assistance and/or consulting or performing related services that are instrumental to data processing on behalf of MODA FIRENZE.

Your Personal Data will not be disclosed to third parties outside the MODA FIRENZE Group, to be used for their own promotional purposes or referred to products, services or initiatives not arising from the MODA FIRENZE Group and shall not under any circumstances be disseminated to unknown persons.

  1. Data controller
    MODA FIRENZE will process your Personal Data in accordance with Legislative Decree 196/2003 – Italian Personal Data Protection Code.
  2. Data subject’s rights
    We remind you that you may at any time exercise your rights under section 7 of Italian Legislative Decree 196/2003, which is integrally quoted below for your convenience, contacting the Data Controller directly:

Section 7 of Italian Legislative Decree no. 196 of June 30, 20003
(Right to access personal data and other rights)

  1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him/her exist, regardless of their being already recorded, and communication of such data in intelligible form.
  2. A data subject shall have the right to be informed: a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated pursuant to section 5(2); e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
  3. A data subject shall have the right to obtain: a) updating, rectification or, where interested therein, integration of the data; b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
  4. A data subject shall have the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market and commercial communication surveys.
  5. Contacts
    Any request relating to your Personal Data regarding this privacy policy may be addressed to:

MODA FIRENZE
Email: SUPPORT@MODAFIRENZE.com

MODA FIRENZE reserves the right to amend this privacy policy at any time. The version published on the website is the one currently in force.