Terms of service

THE PARTIES TO THE CONTRACT AND ACCESS TO THE ONLINE PRODUCT PURCHASE SERVICE

1) DEFINITIONS

1.1 The term “online sales contract” means the contract of sale relating to the Supplier’s tangible movable goods, entered into between the Supplier and the Buyer within the framework of a distance-selling system using telematic tools, organized by the Supplier.

1.2 The term “Buyer” or “Customer” means the consumer, a natural person, who makes the purchase governed by this contract for purposes not related to any commercial or professional activity that may be carried out.

1.3 The term “Supplier” means the party indicated under “Identification of the Supplier”, namely the provider of the information services under this contract.

2) THE PARTIES TO THE CONTRACT AND ACCESS TO THE ONLINE PRODUCT PURCHASE SERVICE

2.1 The Buyer expressly declares to be making the purchase for purposes unrelated to any commercial or professional activity carried out.

2.2 Identification of the Supplier. The goods covered by these general terms and conditions are offered for sale by the company Punti e Fantasia Srl with registered office in Monza, Via Dante no. 3, registered with the Chamber of Commerce of Monza under no. 06386180969 of the Companies Register, tax code no. 06386180969 and VAT number 06386180969, hereinafter referred to as the “Supplier” or “Punti e Fantasia”.

3) SUBJECT MATTER OF THE CONTRACT

3.1 Under this contract, the Supplier sells and the Buyer purchases at a distance, by telematic means, the tangible movable goods indicated and offered for sale on the website www.puntiefantasia.com.

3.2 The products referred to in the previous point are illustrated on the web pages of www.puntiefantasia.com (hereinafter the “Website”).

3.3 Access to the online Product purchase service is permitted only to persons of legal age by means of a customer identification code and a password (hereinafter the “Password”).

The Customer is expressly forbidden from entering false and/or fictitious data during the registration procedure necessary to activate the process for performance of this Contract and the related further communications. The personal details provided by the Customer must correspond to their real personal data and not to those of third parties or fictitious persons.

Multiple registrations corresponding to the same person or the entry of third-party data are expressly forbidden. Punti e Fantasia reserves the right to take legal action against any violation and abuse, in the interest and for the protection of consumers. Punti e Fantasia declines all responsibility towards the Customer for the issue of incorrect tax documents arising from errors related to the data supplied by the Customer, the Customer being solely responsible for their correct entry.

The Customer must take all appropriate measures to ensure that the Password is kept strictly confidential and shall be liable for any damage caused to Punti e Fantasia and/or third parties as a result of failure to comply with the above confidentiality obligations.

It is understood that Punti e Fantasia may in no case be held liable towards the Customer and/or third parties for any misuse of the Password and, in general, of the online purchase service through the Website (as defined below) by unauthorized third parties.

4) METHOD OF CONCLUSION OF THE CONTRACT

4.1 The contract between the Supplier and the Buyer is concluded exclusively via the internet through the Buyer’s access to www.puntiefantasia.com, where, by following the procedures indicated, the Buyer will proceed to formalize the proposal for the purchase of the goods and the contract for the purchase of the goods referred to in point 1 of the previous article.

5) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

5.1 The Purchase Contract is concluded by means of an order placed by the Customer, through the online completion and submission of the Product purchase order form, which will be displayed on the order summary web page, printable, where the Customer and purchase order details are indicated, including the price of the Products purchased and shipping costs, the methods and terms of payment, and the address where the Product will be delivered.

5.2 When Punti e Fantasia receives the Customer’s purchase order, it will send a confirmation e-mail and/or display a confirmation and order summary web page, printable, in which the data entered by the Customer in the order form will be reported.

5.3 The Contract shall be deemed to be finalized and effective between the parties only upon performance of the order and the issue of the relevant invoice by Punti e Fantasia, the latter being entitled, up until such time, to refuse the order. The sales invoice will be issued by the Supplier in paper form and placed inside the parcel containing the ordered Products.

6) METHODS OF PAYMENT AND REFUNDS

6.1 Any payment by the Buyer may be made solely by one of the methods indicated on the relevant web page by the Supplier.

6.2 Credit card data are handled directly by credit institutions and/or financial companies specialized in the management of online payments. The information is encrypted using encryption systems that prevent its use by third parties and is sent directly to the bank. Should issues and/or irregularities be detected in the telematic process for purchasing Products by credit card, Punti e Fantasia may carry out checks (such as, by way of example but not limited to: verifying ownership of the credit card and/or checking for any fraudulent use of the card, etc.). At the end of such verification, if irregularities are found, Punti e Fantasia will not process the order.

If no irregularities are found during the telematic process of purchasing Products, Punti e Fantasia will proceed with the order and arrange delivery of the Products, provided that no further impediments arise.

6.3 Punti e Fantasia also accepts payment for the ordered Products by bank transfer.

6.4 Where applicable, any refunds to the Customer will be made as follows:

6.4.1 Refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise.

7) DELIVERY TIMES AND METHODS

7.1 The Supplier will deliver the selected and ordered products by the methods chosen by the Buyer or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in point 5.2.

7.2 Shipping times may vary from the same day as the order to a maximum of 7 to 14 working days from the date of confirmation thereof. If the Supplier is unable to ship within this period but, in any case, within the period indicated in the following point, the Buyer will be promptly informed by e-mail. It is understood that delivery times may vary depending on the country of destination and on other factors beyond the control of Punti e Fantasia.

7.3 The methods, times and costs of shipping are clearly indicated and highlighted at the address:

8) SHIPPING AND DELIVERY COSTS OF THE PRODUCTS

8.1 Punti e Fantasia ships under DDP (Delivery Duty Paid) terms to EU countries; therefore, in these destinations, the Products ordered will arrive directly at the delivery location indicated by the Customer in the order request, without the Customer having to pay any additional amounts beyond what was already paid when the order was placed. For all other countries, DDU (Delivery Duty Unpaid) terms are used; therefore, upon delivery of the Products, the courier may present the Customer with a separate invoice requesting payment of duties and taxes required by local authorities. For more information regarding shipping costs, duties and customs charges, please refer to the section of the Website specifically dedicated to Product shipping:

9) PRICES

9.1 All sale prices of the products displayed and indicated on the website www.puntiefantasia.com are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.

9.2 The sale prices referred to in the previous point include VAT and all other applicable taxes. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated during the purchase procedure before the order is sent by the Buyer and must also be stated on the web page summarizing the order placed.

9.3 For deliveries to non-EU countries, as specified in point 8), the courier may request the Customer to pay additional amounts for local taxes and duties. Shipping costs will be indicated and calculated during the Product purchase procedure before the order is submitted by the Customer and will also be stated on the web page summarizing the order placed. The prices indicated for each of the Products offered to the public remain valid until the time the purchase order is placed and are those indicated on the web page summarizing the order. It is understood that Product prices may be changed unilaterally and at any time by the Supplier, without prejudice to the fact that the price of the Product indicated on the order summary web page at the time the Customer places the order will be binding between the Supplier and the Customer.

10) PRODUCT AVAILABILITY

10.1 The Supplier ensures, through the telematic system used, that orders are processed and fulfilled without delay. To this end, the Supplier indicates in real time, in its electronic catalog, the number of products available and those that are not available, as well as shipping times.

10.2 If an order exceeds the quantity available in stock, the Supplier will notify the Buyer by e-mail whether the good is no longer orderable or what the waiting times will be to obtain the chosen good, and will ask whether the Buyer intends to confirm the order or not.

10.3 The Supplier’s IT system confirms registration of the order as soon as possible by sending the user an e-mail confirmation, pursuant to point 5.2.

11) PRODUCT AVAILABILITY: REQUEST

11.1 Punti e Fantasia ensures, through the telematic system used, the processing and fulfillment of purchase orders for the Products. If a purchase order exceeds the quantity of Products available in stock, Punti e Fantasia Srl, by e-mail from the address customercare@puntiefantasia.com and/or by telephone communication (+39.039.380248), will inform the Customer whether the Product is no longer available or what the waiting time will be to obtain the chosen Product and, in the latter case, will ask the Customer whether they intend to confirm the order or not. The Supplier’s IT system confirms registration of the purchase order as soon as possible by sending the Customer an e-mail confirmation, which does not create any legal obligation, as it is a simple order summary.

12) LIMITATIONS OF LIABILITY

12.1 Punti e Fantasia accepts no liability for service disruptions due to force majeure in the event it is unable to fulfill the order within the time limits provided for in the contract.

12.2 Punti e Fantasia may not be held liable towards the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet outside its control or that of its sub-suppliers.

12.3 Punti e Fantasia shall likewise not be liable for damages, losses or costs suffered by the Buyer as a result of failure to perform the contract for reasons not attributable to it, the Buyer being entitled only to a full refund of the price paid and any ancillary charges incurred.

12.4 Punti e Fantasia accepts no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards, cheques or other means of payment at the time of payment for the purchased products.

12.5 Under no circumstances may the Buyer be held liable for delays or issues in payment if they can prove that the payment was made within the time and in the manner indicated by the Supplier.

13) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: SUPPLIER’S OBLIGATIONS, PUNTI E FANTASIA SRL

13.1 Pursuant to Articles 114 et seq. of the Consumer Code, Punti e Fantasia is liable for damage caused by defects in the goods sold if it fails to inform the injured party, within three months of the request, of the identity and domicile of the producer or of the person who supplied it with the good.

13.2 The above request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to exhibit the product, if still existing.

13.3 Punti e Fantasia cannot be held liable for consequences arising from a defective product if the defect is due to the product’s compliance with a mandatory legal provision or a binding measure, or if the state of scientific and technical knowledge, at the time the producer put the product into circulation, did not yet allow the product to be considered defective.

13.4 It is understood that no compensation will be due if the Customer was aware of the defect or fault in the Product and of the danger deriving from it and nevertheless voluntarily exposed themselves to it.

13.5 In any event, the injured party must prove the defect, the damage and the causal link between the defect and the damage.

13.6 The injured party may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of property other than the defective product itself, provided that such property is normally intended for private use or consumption and was mainly used by the injured party.

13.7 Damage to property within the meaning of Article 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387.00).

13.8 Punti e Fantasia may not be held liable for any direct and/or indirect, contractual and/or non-contractual damage suffered by the Customer arising from defects and/or faults in the Product if the defect and/or fault is due to the Product’s compliance with a mandatory legal provision or binding measure, or if the state of scientific and technical knowledge at the time the producer placed the Product on the market did not yet allow the Product to be considered defective and/or faulty. In any event, the Customer bears the burden of proving the defect and/or fault in the purchased Product, the damage and the causal link between the defect and the damage suffered. The Customer is aware that the Products ordered are described and photo-reproduced on the Website and will therefore tolerate normal differences and discrepancies in color and size between the Products delivered and the Products viewed on the Website.

14) WARRANTIES AND CUSTOMER SUPPORT

14.1 Punti e Fantasia is liable for any lack of conformity that becomes apparent within 7 (seven) working days of delivery of the good.

14.2 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
a) they are fit for the use for which goods of the same type are normally used;
b) they conform to the description given on the Website and possess the qualities of the goods that the Website presented to the consumer as a sample or model;
c) they show the quality and performance that are normal in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, public statements on the specific characteristics of the goods made by the seller, in particular in advertising or on labelling;
d) they are also fit for the particular purpose intended by the consumer and brought to the seller’s attention at the time of conclusion of the contract and accepted by the seller, also by conduct.

14.3 The Buyer shall forfeit all rights if they fail to notify the seller, Punti e Fantasia, of the lack of conformity within seven working days of the date on which the defect was discovered. Notice is not required if the seller has acknowledged the existence of the defect or has concealed it.

14.4 In any case, unless proven otherwise, any lack of conformity that becomes apparent within seven working days of delivery of the good shall be presumed to have existed at that date, unless such a presumption is incompatible with the nature of the good or the nature of the lack of conformity.

14.5 In the event of a lack of conformity, the Buyer may request, alternatively and at no cost, under the conditions set out below, repair or receipt of a Store Credit in an amount equal to the total value of the good purchased with a lack of conformity, to be used within 1 (one) year from the date of purchase, or repair, unless the request is objectively impossible to fulfill or is excessively burdensome for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code.

14.6 The request must be made in writing, by registered letter with return receipt to Punti e Fantasia Srl, Via Dante 3, 20900 Monza (MB). The postmark affixed by the post office on the receipt issued will be proof between the parties. The request must also be sent to the following e-mail address: customercare@puntiefantasia.com. The Supplier will indicate its willingness to comply with the request, or the reasons preventing it from doing so, within seven working days of receipt of the e-mail and registered letter with return receipt. If the Supplier has accepted the Buyer’s request, it must indicate, by e-mail from the address customercare@puntiefantasia.com, the methods for shipping the good.

14.7 If repair or replacement of the good with Store Credit (in an amount equal to the total value of the good purchased with a lack of conformity, to be used within 1 year from the date of purchase) is impossible or excessively burdensome, if Punti e Fantasia has not repaired or replaced the good within the time limit referred to in point 14.6, or if the previous replacement or repair has caused considerable inconvenience to the Buyer, the latter may request Store Credit equal to the total value of the good purchased with a lack of conformity, to be used within 1 year from the date of purchase, or further repair of the good or its replacement, only if the good is not customized. In such case, the Buyer must submit their request to the Supplier, which will indicate its willingness to comply with the request or the reasons that prevent it from doing so within seven working days of receipt.

14.8 If the Supplier has accepted the Buyer’s request, it must indicate, by e-mail from the address customercare@puntiefantasia.com, the method for returning the defective good.

14.9 Punti e Fantasia reserves the right to request photographic reproductions of the Products claimed to be defective and/or faulty from the Customer before authorizing returns and/or exchanges and/or Store Credit. If the Products are defective and/or faulty, the Supplier will bear the transport costs necessary to return the Products to its warehouses. Exchanges or returns of Products that have been tampered with, worn, washed or otherwise altered by the Customer will not be accepted. It is the Customer’s responsibility to insure the transport of the goods returned for exchange to the Supplier. In the event of theft or loss of the returned Products during transport to the Supplier, the goods will not be refunded.

14.10 It is understood that Punti e Fantasia will not accept returns of Products made to measure or personalized.

15) OBLIGATIONS OF THE BUYER

15.1 The Customer undertakes to pay the price of the purchased good within the time and in the manner indicated in the Contract.

15.2 The Buyer undertakes, once the online purchase procedure is completed, to print and keep this contract, as well as the specifications of the Product purchased.

15.3 The Buyer is reminded that the information contained in this contract has already been viewed and obligatorily accepted by the Buyer, who acknowledges this, prior to confirming the purchase.

16) RIGHT OF WITHDRAWAL FROM THE CONTRACT

16.1 The User is in any case entitled to withdraw from this contract, without any penalty and without specifying the reason, within a period of 10 (ten) working days from the date of registration on the website www.puntiefantasia.com.

16.2 If the User decides to exercise the right of withdrawal, they must notify the seller by registered letter with return receipt to Punti e Fantasia Srl, Via Dante 3, 20900 Monza (MB), by fax to +39 039.380248, or by e-mail to customercare@puntiefantasia.com, provided that such communications are confirmed by sending a registered letter with return receipt to Punti e Fantasia Srl, Via Dante 3, 20900 Monza (MB) within the following 48 (forty-eight) hours. The postmark affixed by the post office on the receipt issued shall be proof between the parties. For the purposes of exercising the right of withdrawal, sending the communication may validly be replaced by returning the purchased good, provided that it is returned within the same time limits. The date of delivery to the post office or the carrier shall be proof between the parties.

17) EXCLUSION OF THE RIGHT OF WITHDRAWAL

17.1 There is no right of withdrawal, among others, in the case of contracts for:

(i) the supply of goods made to the consumer’s specifications or clearly personalized;
(ii) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery.

In particular, the right of withdrawal may not be exercised in the event of even partial use of the product and/or washing of the product.

17.2 Punti e Fantasia Srl reserves the right not to accept the return or not to refund the amounts paid for the purchase in relation to those products that are missing the relevant tag, label or original packaging, or that have been altered in their essential and qualitative characteristics or that have been damaged.

18) CAUSES OF TERMINATION

18.1 The obligations referred to in point 15.1 assumed by the Buyer, as well as the guarantee of successful payment that the Buyer makes by the means referred to in Article 5.1, and also the proper performance of the obligations assumed by the Supplier under point 7, are of an essential nature. Therefore, by express agreement, non-fulfilment of just one of these obligations, where not due to force majeure, will result in automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.

19) PROTECTION OF PRIVACY AND PROCESSING OF BUYER’S DATA

19.1 The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation set out in Legislative Decree no. 196 of 30 June 2003.

19.2 Personal and tax data acquired directly and/or through third parties by the Supplier Punti e Fantasia Srl, data controller, are collected and processed in paper, electronic and telematic form, depending on the processing methods, for the purpose of registering the order and activating, in relation to the Buyer, the procedures for performance of this contract and the related communications, as well as fulfilling any legal obligations, and to ensure effective management of commercial relationships to the extent necessary for best performance of the requested service (Article 24, paragraph 1, letter b), Legislative Decree no. 196/2003).

19.3 The Supplier undertakes to treat as confidential the data and information transmitted by the Buyer and not to disclose them to unauthorized persons or use them for purposes other than those for which they were collected or transmit them to third parties. Such data may be disclosed only at the request of the judicial authority or other authorities authorized by law.

19.4 Personal data will be communicated, after the signing of a confidentiality commitment, only to persons delegated to carry out the activities necessary for execution of the contract and will be communicated exclusively for that purpose.

19.5 The Buyer enjoys the rights set out in Article 7 of Legislative Decree 196/03, including the right to obtain:

a) the updating, rectification or, where interested, integration of the data;
b) the erasure, anonymization or blocking of data processed in breach of the law, including data that do not need to be retained for the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, including as regards their content, of those to whom the data have been communicated or disclosed, except where this proves impossible or involves a use of means manifestly disproportionate to the right protected.

The data subject also has the right to object, in whole or in part:
i) on legitimate grounds, to the processing of personal data concerning him or her, even if relevant to the purpose of the collection;
ii) to the processing of personal data concerning him or her for the purpose of sending advertising material or direct selling or for carrying out market research or commercial communication.

19.6 The Buyer’s disclosure of personal data is a necessary condition for correct and timely performance of this contract. Failing this, the Buyer’s request cannot be processed.

19.7 In any event, the data acquired will be kept for a period not longer than necessary for the purposes for which they were collected or subsequently processed. They will in any case be securely deleted.

19.8 The data controller for the collection and processing of personal data is the Supplier, to whom the Buyer may address any requests at the company’s registered office.

19.9 Any material sent to the Center’s postal address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others, must contain valid information, not harmful to the rights of others and truthful. In any event, the Center may not be held responsible for the content of such messages.

20) METHOD OF STORING THE CONTRACT

20.1 Pursuant to Article 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the Supplier’s server/at the Supplier’s registered office, according to confidentiality and security criteria.

21) COMMUNICATIONS AND COMPLAINTS

21.1 Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Punti e Fantasia Srl, Via Dante 3, 20900 Monza (MB), or faxed to +39 039.380248, or sent by e-mail to customercare@puntiefantasia.com. The Buyer must indicate their residence or domicile, telephone number or e-mail address at which they wish to receive communications from the Supplier.

22) SETTLEMENT OF DISPUTES

22.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Monza and resolved in accordance with the Conciliation Rules adopted by it.

22.2 Should the Parties choose to refer the matter to the ordinary Judicial Authority, the court with jurisdiction shall be that of the consumer’s place of residence or elected domicile, which is mandatory pursuant to Article 33, paragraph 2, letter u), of Legislative Decree no. 206/2005.

 

23) APPLICABLE LAW AND REFERENCE

23.1 This contract is governed by Italian law.

23.2 For all matters not expressly provided herein, the legal provisions applicable to the relationships and cases covered by this contract shall apply, in particular Article 5 of the Rome Convention of 1980.

23.3 Pursuant to Article 60 of Legislative Decree 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are hereby expressly recalled.

24) FINAL CLAUSE

24.1 This contract supersedes and replaces any prior agreement, understanding, negotiation, written or oral, between the parties concerning the subject matter of this contract.