GENERAL CONDITIONS OF USE OF THE WEBSITE
This document contains the General Conditions of Use (hereinafter, the GCU) of the website www.uptoyouanthology.com (hereinafter, the Website), owned by UP TO YOU S.r.l. S.B (hereinafter, UTY) (C.F. e P. IVA 10856450969), with registered office in via Maurizio Quadrio n. 20 (20154) Milano.
ACCEPTANCE OF THE GCU
Access to and use of the Website are subject to the following GCU; please, do not use the Website unless you agree with these GCU, because by simply connecting to the Website, the user implicitly accepts them.
The purchase of products is subject to the acceptance of the General Conditions of Sale. The upload of projects as designer is subject to the acceptance of the Agreement between UTY and the designer. Please, read carefully these documents before accessing or using the Website and its services.
DISCLAIMERS, LIMITATIONS OF LIABILITY AND WARRANTIES
By accessing the Website, the user will be the only responsible for the use of the Website and its content. UTY shall have no liability for any use of the users not in compliance with the laws. In no event shall UTY be liable for any indirect, consequential, punitive, special or incidental or other damages resulting from the access, use of, or inability to access or use the Website, its services, the content, except to the extent such damages arise as a result of fraud or gross negligence on the part of UTY.
All information and content (including, without limitation, webpages, text, photos, images, graphics, colors, patterns, designs, models, products, layouts and links) on the Website are provided "as is" and "as available". UTY expressly disclaim, to the extent permitted by law, any representations or warranties of any kind, express or implied, including warranties on the accuracy and completeness of the published content, warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of the Website, the content or user content. Moreover, UTY does not guarantee that the content of the Website are appropriate worldwide. UTY assume no responsibility for the accuracy, completeness and topicality of the data, content and information of their own ownership or in any case entered or contained on the site and / or on the linked sites and/ or on Website. The user must verify, before making any decision and eventually purchase products, the accuracy of the information on the Website. UTY declines all responsibility for errors or omissions deriving from the use of data and information present in its own Website. The user accepts that communications and transmissions received through the Website, as well as communications received via email or form, are not confidential.
UTY shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Web Site available or electronic communications sent by UTY are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of the WebSite is done at users’ own discretion and risk. The user will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material.
The user is responsible for the safekeeping and correct use of his credentials that allow access to the services.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS (UTY)
All materials of the Website (including, without limitation, webpages, text, photos, images, graphics, colors, patterns, designs, models, products and layouts) is protected by copyright and/or by intellectual property rights of UTY.
The user can dispose of this content only if this activity is necessary for the correct use of the Website and cannot, therefore, freely use them. UTY reserves every right over them. Any different use of the aforementioned material for any purpose is prohibited, unless prior UTY consent is given.
Except as may be provided elsewhere, the reproduction of the Website or of its content, without the previous and written consent of UTY, is forbidden. UTY (if necessary, together with the designer) has the exclusive right to authorize the reproduction of the Website or of its content.
UTY is the holder and owner of the registered trademark “UP TO YOU ANTHOLOGY” and of the domain names uptoyouanthology.com.
Except as may be provided elsewhere, the reproduction of the trademark or of the domain names, without the previous and written consent of UTY, is forbidden. UTY has the exclusive right to authorize the reproduction of the trademark or of the domain names.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS (DESIGNER)
The designers of products listed on the Website have the right to claim authorship of their works.
Uploading their project, the designers accept, with specific regard to IP matters, rights and obligations established by the Agreement between UTY and designer.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES
UTY highly values the protection of its own and third party intellectual property rights. If visiting the Site, you believe that your intellectual property right is violated by the content of the Site, please contact us at the [email protected]
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites owned by third parties. By clicking these links, the user leaves the Website and access to the third party website.
UTY expressly disclaims, to the extent permitted by law, any representations or warranties of any kind, express or implied, related to these websites, their content and services, and, therefore, shall have no liability for the use of these websites.
Please, read the general conditions of use of these websites carefully before browsing them.
Users access these websites at their own risk.
LIMITATION OF ACCESS
UTY reserves the right to restrict, refuse or terminate the access of any user to the Website or to its services, without notice at any time and in its sole discretion.
The Website is intended for international use. However, UTY does not provide its services in some Countries and does not guarantee that its products and services will be available worldwide and/or at the same conditions.
If any provision of these GCU, as applied to either party or to any circumstances, shall be adjudged by a Court to be void or unenforceable, the same shall be deemed stricken from these GCU and shall in no way affect any other provision or the validity or enforceability of these GCU.
APPLICABLE LAW AND DISPUTE RESOLUTIONS
To the extent permitted by law, these GCU shall be regulated by Italian law, with the exclusion of the rules set by private international law.
To the extent permitted by law, any disputes, claims or actions which may arise with regard to the construction, performance, breach and expiration of the validity or effectiveness of these GCU shall be submitted to the exclusive jurisdiction of the Court of Milan, with the exclusion of any concurrent or alternative jurisdiction (if any).
The European Online Dispute Resolution (ODR) platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools. For more information, visit https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en and https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
CHANGES OF GCU
UTY reserves the right to change and update these GCU, at any time and in its sole discretion and without notice.
Therefore, it is advisable to periodically consult these GCU, in order to know promptly any changes and updates, provided that the use of the Website, after the publication of such changes and updates, constitutes acceptance of the same.
GENERAL CONDITIONS OF SALE
1. COMPANY INFORMATION
1.1. The website www.uptoyouanthology.com is owned by UP TO YOU S.r.l. S.B. (Fiscal Code and VAT no. 10856450969 and REA no. MI-2561990, hereinafter, UTY) with registered office in via Maurizio Quadrio n. 20 (20154) Milano and PEC certified mail [email protected].
1.2. The sale and the offer of products on Ecommerce are governed by these General Conditions of Sale, which rule the relationship between UTY and the customer. The languages available for the conclusion of the Agreement are Italian and English.
The terms and expressions listed below have the meaning specified below; it being understood that the terms defined in the singular are meant to be defined also in the plural and vice versa.
- Consumer: any natural person who operates on the Ecommerce for purposes not related to any entrepreneurial, commercial, artisan or professional activity, and in the Agreement acting for purposes which are outside his trade, business, craft or profession.
- Customer: any Consumer who purchases one or more Products through the Ecommerce, approving the Agreement.
- Ecommerce: means the virtual online shop available at URL www.uptoyouanthology.com through which Products can be purchased by the Customer.
- Parties: means UTY and the Customer jointly.
- Products: means the items offered in the Ecommerce in order to be sold.
- Reserved Area: means that part of the Ecommerce, for Customer use only, through which the Customer, upon authentication, can have access to specific functions provided by UTY.
3. GENERAL INFORMATION
3.1. These General Conditions of Sale (hereinafter, the GCS) govern the purchase of Products through the Ecommerce by Customers, and apply to the contractual relationship between the Parties (hereinafter, the Contract) Consequently, every aspect of the purchases on the Ecommerce (including payment, shipping, delivery and any returns and refunds) is governed by these GCS, which are considered known and accepted with the order confirmation; thus, the Consumer is required to read these GCS carefully.
3.2. UTY offers to sell its Products and perform its online sale activity exclusively to Customers who are Consumers. If the Customer is not a Consumer, we invite the Customer to abstain from performing any commercial transaction through the Ecommerce.
4. CUSTOMER REQUIREMENTS AND LIMITATIONS
4.1. In order to purchase Products on the Ecommerce, the Customer must be at least 18 years old, have a credit card accepted by the Ecommerce and be authorized to use that credit card.
4.2. UTY reserves the right to restrict, refuse or terminate the access of any user to the Ecommerce or to its services, without notice at any time and at its sole discretion.
4.3. UTY does not provide its services in some Countries and does not guarantee that its Products and services will be available worldwide and/or at the same conditions.
5. PLACING AN ORDER AND PURCHASE OF PRODUCTS - PRE-ORDER OF PRODUCTS
5.1. The presentation of the Products on the Ecommerce represents an invitation to the Customer to submit (by submitting an order) a contractual purchase proposal, governed by these GCS (in the version published on the Ecommerce at the time of transmission of the order by the customer), and not an offer to the public.
5.2. In correspondence to each Product included in the Ecommerce, UTY points out if:
- it is available in its own stock;
- it is available following a “pre-order”, from time to time indicated, within the indicated deadline.
- it is available only “on request”;
- it is not available.
5.3. The type and availability of the Products could change at any time without any liability by UTY to the Customer.
If a Product is listed as “available on request” it means that the Product, in that moment, is not immediately available, but it can be ordered. In that case the delivery period of the Product could be longer than the one of the Products listed as available.
5.4. As for the Products in the “pre-order phase”, the sale will only take place when the minimum number of pre-orders, indicated on the Ecommerce, has been reached.
Therefore, the customer is strongly advised to consider that:
- up to 2 months may elapse between his/her order and the time the minimum number of pre-orders is reached;
- however, by submitting the order form the Customer binds him/herself and the credit card is debited;
- in case of failure to reach the minimum number of pre-orders within 2 months from the insertion of the Product in the Preorder page, the Customer will be reimbursed in full, without any right to interest or surcharges on the amount paid. This reimbursement will be performed through the same payment instrument chosen for the first transaction, unless the Customer expressly requires a different payment instrument; in any case the Customer will not bear any cost as result of the reimbursement, and the Agreement will be terminated.
5.5. Registration: In order to purchase the Products provided by the Ecommerce the Customer’s prior registration is necessary . To register, the Customer must accurately fill in and send the specific form through the tools provided, stating his personal information in the appropriate fields. The registration on the Ecommerce will be effective only when the Customer will receive the confirmation email and will open the link included. After this procedure, a Reserved Area will be created for the Customer’s use, who will be able to see his purchases, check the wish list and modify his credential. The registration credentials, as well as the access to the Reserved Area, should be used by the Customer only and by no other third parties. The Customer ensures that the personal information provided during the registration procedure and at a later stage is complete and truthful. After the Registration it will be possible to begin the purchase procedure.
5.6. Conclusion of the Agreement: Before proceeding, the Customer must read the GCS – with a particular focus on the withdrawal clauses – as well as print a hard copy and save a copy on a permanent storage device that allows the Customer to store the GCS, to access it in the future for a period of time suitable for the purposes and to reproduce identically the GCS stored.
In order to perform the purchase of Products on the Ecommerce the Customer must fill in the electronic order form and send it to UTY, by electronic means, following the instructions provided in the Ecommerce.
Before sending the order form, the Customer must notice and correct any possible errors in filling in the data, checking the optioned Product. If the data incorrect, it is possible to modify it by clicking on the “edit data” button. In any event, in order to provide a better customer protection, UTY will send to the Customer by email a receipt of his purchase order with a summary of the information included in the order form, as well as a copy of the GCS. In this regard the Customer must verify the delivery of the documentation, by checking, if necessary, his junk email box.
The Customer must also verify the final price, before sending the related order form, it being understood that the price charged to the Product will be the one displayed on the Ecommerce at the time of the order by the Customer.
The Agreement shall be deemed concluded when UTY will receive the payment by the Customer, upon electronically transmission of the order form duly filled in.
By sending the order form and paying the due sum the Customer confirms to have understood, and agreed to, the GCS, as well as any further information provided in the Ecommerce.
After the conclusion of the Agreement, UTY will take charge of the purchase order.
5.7. Occasionally, an inconvenience relating to the availability of the Product may occur. In such circumstances, UTY will promptly inform the Customer by email and will offer him the possibility to choose between the purchase of an article of the same nature of the one no longer available or the cancellation of the order. If the Customer chooses to cancel the order, he will be promptly reimbursed.
5.8. In order to purchase the Products the Costumer must select the Product and, if available, its features (such as: colour, size, material), correctly fill out the order or the pre-order form, select any option (such as: payment methods, shipping methods), accept these GCS and the most relevant information (such as: main characteristics of the Product; price and payments methods, including taxes and duties; shipping and delivery costs, methods and terms, including additional costs for delivery methods other than standard delivery; warranties; right of withdrawal) and submit the order or the pre-order that will be considered as a binding contractual purchase proposal addressed to UTY for the Products listed in the cart, each considered individually.
5.9. Security: The Customer agrees to ensure that may have access to Reserved Area, also by periodically changing the password and adopting any appropriate security measures in order to minimize the risk of any access that could be unauthorized, prohibited and unsuitable to the Reserved Area. The Customer shall promptly notify UTY whenever he suspects an improper use or an unauthorized or prohibited access to the Reserved Area.
5.10. The Customer is responsible for requesting the issuance of the invoice, if necessary. For the issuance of the invoice, the information provided by the customer in the order form is binding and no change in the invoice will be possible after the issue of the same.
5.11. UTY has the right to refuse an order or a pre-order at its sole discretion. However, most common reasons may be:
- the customer is not a Consumer;
- the Customer fails to meet the above indicated requirements;
- the purchase orders include incomplete or untruthful data;
- UTY does not provide its services in the Country where the Customer resides or where the Product has to be shipped;
- the Product is unavailable;
- the payment has not been approved;
- the price displayed on the Ecommerce, at the time of purchase, was obviously incorrect and recognizable as such (in this case the Customer will be refunded);
- the Product infringes or is suspected to infringe third parties’ IP rights;
- UTY suspects illegal or fraudulent activity.
In these events, UTY will inform the Customer within 30 days and require him/her to return the Product if it has already been delivered.
Moreover, if the payment has already been approved, the Customer will be reimbursed in full, without any right to interest or surcharges on the amount paid.
5.12. The orders and pre-orders received will be stored by UTY (the Customer may request a copy by sending an e-mail to UTY at the email [email protected] and the customer may check his/her order status in the appropriate page.
5.13. If the Products displayed in the Ecommerce are no longer available or not for sale at the time of the transmission of the order form and UTY will not be able to follow up the purchase orders, it will inform the Customer by email and will reimburse the sum already paid.
6. PRICES AND PAYMENTS
6.1. Prices include VAT, if due; any other tax or cost (such as: for non-standard shipping) borne by the Customer will be displayed prior to order confirmation.
6.2. If the Product has to be delivered to a customer not belonging to the EU, the whole price, indicated in the purchase process and confirmed in the order confirmation, is net of any customs duty and any other sales tax, which the customer binds him/herself to pay, in addition to the above indicated whole price.
6.3. The Customer binds him/herself to pay the whole price, as reported in the order, to UTY, in the times and methods indicated and accepted on the Ecommerce.
6.4. Payment can be made by credit card and PayPal, at the following conditions:
- credit card: by confirming the order or the pre-order, the whole price of the Product will be debited to the Customer and credited to UTY once the payment has been approved;
6.5. The Ecommerce uses secure payment services provided by trusted third parties; however, UTY uses and processes some data related to the payment (such as: credit card number, CVV code, expiry date) in order to complete the payment or to refund the Customer.
In the event that the above indicated third parties refuse to authorize a payment, UTY will not be able to conclude the contract and may not be held responsible for it.
6.6. UTY has the right to change, at any time, the prices of the Products and the costs for shipping and delivery. However, any change will not apply to contracts already concluded before such changes.
6.7. Any refund to the Customer will be promptly credited through the payment method chosen by the Customer and, in case of exercise of the right of withdrawal, within 14 days from the date of receipt by UTY of the registered letter or of written communication sent by equivalent technology.
7. RESERVE OF OWNERSHIP
7.1. The Product remains the property of UTY until full payment of the price.
8. DELIVERY AND SHIPPING
8.1. Before completing an order, the Customer must select the chosen shipping and delivery method. Depending on the choice made, delivery times may vary, but the estimated delivery date (to be considered as merely approximate) will be indicated during the purchase process, before order confirmation.
8.2. As for the Products in the pre-order phase, the delivery date depends on the date of the eventual reaching of the minimum number of pre-orders. However, in the event that the minimum number of pre-orders is reached, UTY undertakes to deliver the Product within 60 days of reaching the above-mentioned minimum.
8.3. UTY will send the Customer a confirmation email as soon as the Product is transferred to the courier. The Customer will be able to track the delivery.
8.4. The Product ordered will be delivered to the Customer, at the address indicated in the order form.
8.5. UTY may not be held responsible for delays arising from force majeure (such as: wars, riots, strikes, lockouts, accidents, explosions, fires, floods, earthquakes) or similar events preventing the delivery within the estimated delivery date. Therefore, UTY shall not be liable for damages, losses or costs incurred as a result of the above-mentioned events.
8.6. Upon delivery of the Product, the Customer must verify the integrity and the conformity of the Product and promptly inform the Seller of any possible defect of the product or differences with respect to the order.
9. RIGHT OF WITHDRAWAL
9.1. A Consumer who, for whatever reason, is not satisfied with the purchase of the Product, has the right to withdraw from the contract, without any penalty or obligation to provide a reason, within 14 days from the day of delivery of the Product. In the event of the purchase of several Products by means of a single order, the 14 days term starts from the date indicated on the delivery receipt of the last Product.
9.2. The right to terminate the Agreement must be enforced by the Customer by sending UTY a registered letter or a written communication by equivalent technology, with an express declaration of the intention to enforce the right to terminate the Agreement, as well as the order number related to the Agreement he wants to terminate. In order to enforce the right to termination, the Customer may also use the specific “return form”, available in the order section of the Reserved Area.
9.3. For the purposes of complying with the terms, it is sufficient that the Customer send the communication related to the right to termination within the termination period. This communication can be sent by telegram, telex, e-mail and fax too, with a registered letter within the 48 (forty-eight) subsequent hours.
9.4. In case the Customer enforces the right to terminate, he must return to UTY the Products without any delay and, in any case, within 14 (fourteen) working days from the communication of the termination. The term is compiled if the Customer sends the Products within 14 (fourteen) days from the communication of the termination.
9.5. The Product will be returned to: Up To You Srl SB via Quadrio 20, 20154 Milano
9.6. If the Customer terminates the Agreement, all the costs he/she had paid to UTY will be refunded, the delivery costs included (except for the extra cost due to a particular kind of delivery required by the Customer, and different from the cheaper standard delivery offered by UTY), without any delay and in any case within 14 (fourteen) days from the day UTY has been informed of the decision of termination of the Agreement. Those reimbursements will be performed through the same payment instrument chosen for the first transaction, unless the Customer expressly requires a different payment instrument; in any event, the Customer will not bear any cost as result of the reimbursement.
9.7. The reimbursement can be suspended by UTY until the Products have been delivered to UTY or until the Customer has given proof of shipment. The costs related to the return of the Products are entirely borne by the Customer.
9.8. The Customer is responsible for the integrity of the Product as long as it is in his/her possession. The right of withdrawal does not apply if the Product has been ironed or washed or if it is malfunctioning due to misuse or negligence, damaged or altered, dirty or incomplete (with reference also to its accessory equipment, such as labels and tags). The Product must be returned intact, in the usual state of wear. If the Customer enforces the right to terminate the Agreement in any way not compliant with the conditions required by the present section, he/she will not have the right to any reimbursement.
9.9. If all the conditions for the correct exercise of the right of withdrawal are satisfied, UTY will refund (through the same payment method used by the Customer for the purchase) the amount paid by the Customer (including standard shipping taxes, if the Customer chose the standard shipping option, but not customs duties and local sales taxes for Customer not belonging to the EU) within 14 days from receipt of the Product.
10. LEGAL WARRANTY
10.1. UTY warrants that the Products sold on the Ecommerce are free of faults of design or material defects and are compliant with their description.
UTY represents that the Products sold on the Ecommerce could be produced in an artisanal way and/or be made of natural materials; therefore, differences (for example: in colours, size, weight) between the individual Products, between the Products and the photographs on the Ecommerce, as well as between the Products and their descriptions is inherent to the Products themselves.
10.2. UTY shall be liable to the Consumer for any lack of conformity which exists at the time the Products were delivered. In the case of a lack of conformity, the Customer shall be entitled to have the Products brought into conformity free of charge by repair or replacement or to have an appropriate reduction made in the price or the Agreement rescinded with regard to those Products. UTY shall be held liable where the lack of conformity becomes apparent within two years as from delivery of the Products. Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by UTY, according to the law.
The Customer has legal rights under applicable national legislation governing the sale of Product and those rights are not affected by the guarantee.
10.3. The guarantee must be enforced directly by the Customer - within two months from the discovery of the defect - sending a registered letter to UTY, to the address indicated in the premises, explaining the defect discovered. For that reason, the Customer is required to store the purchase receipt. Unless proven otherwise, it is presumed that the lack of conformity that appears within 6 months from the Product delivery was already present at that time of delivery, unless this idea is not compatible with the kind of product or with the type of defect. After the notification of the lack of conformity, UTY reserves the right to offer to the Customer the appropriate remedies.
The Customer can ask UTY, at his discretion, to repair or replace the Product, in both cases free of charge, unless the remedy asked is objectively impossible or excessively costly, disproportionate, compared to the other. A remedy shall be deemed to be disproportionate or excessively costly if it imposes costs on UTY which, in comparison with the alternative remedy, are unreasonable, taking into account:
- - the value the Products would have if there were no lack of conformity;
- - the significance of the lack of conformity, and
- - whether the alternative remedy could be completed without significant inconvenience to the Costumer.
- The Costumers may require an appropriate reduction of the price or have the contract rescinded:
- - if the Costumer is entitled to neither repair nor replacement, or
- - if UTY has not completed the remedy within a reasonable time, or
- - if UTY has not completed the remedy without significant inconvenience to the Consumer.
A minor lack of conformity for which it has not been possible, or it would have been excessively costly to perform repair or replacement, does not give the right, in any case, to the termination of the Agreement.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. UTY is the holder and owner of all IP rights related to the Ecommerce and the Products available on the Ecommerce.
12. COMPLAINTS AND REQUEST FOR INFORMATION
12.1. For any claim or request for information, please write to [email protected]
13. GOVERING LAW
13.1. The Agreement is governed by Italian Law, without prejudice to any other overriding mandatory law in the country of residence of the Customer. If the Customer is not resident in the European Union territory, the Agreement is governed by Italian Law.
14.1. In case of dispute arising from the interpretation and/or application of the GCS, the Court of the domicile or of residence of the Customer, if located in the European Union or, the Court of Milan, if the Customer initiates the complaint or if he chooses this Court will be the competent court.
If the Customer is not resident in the European Union territory, the Court of Milan will be the competent court.
14.2. The European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to solve, via a non-judicial route, any dispute arising from contracts of sale of goods entered into online. As a result, Consumers may use the aforementioned platform for the resolution of any dispute arising from the online contract entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odrl
15. Post-sale Assistance
15.1. For any claim or request for information, please write to [email protected]
15.2. The post-sale assistance is provided directly by UTY, which can be contacted, for any question, at the address listed in the premises..
17.1. The Customers can directly contact UTY writing to [email protected], or through the Ecommerce in the Customer Service Area.