General Terms and Conditions of Sale
The following General Terms and Conditions of Sale govern the offer and sale (together with the documents referred to below, including the Privacy Policy and General Terms and Conditions of Use) of products on our web site (“formaessenza.com”). Please read these terms and conditions carefully before ordering any products: indeed, by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on formaessenza.com are directly sold by Forma Essenza di Patrizia Mari (“FORMAESSENZA”) (hereinafter referred to as the “Vendor” or “We” or “Us”). FORMAESSENZA has its registered office in Via Fabio Filzi, 33, 22070 – Carbonate (CO), number of registration and VAT number 03574650135.
If you need any assistance, go to the Customer Care area, where you will find information on orders, shipping, complaint handling, refunds and returning products purchased on formaessenza.com, as well as other general information on the services provided by formaessenza.com. Remember that you can always contact our Customer Care by e-mail: info@formaessenza.com. For any other legal information, go to the sections: General Terms and Conditions of Use and Privacy Policy a.
1.Our Business Policy
1.1.The Vendor offers products for sale on formaessenza.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
1.2.”Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on formaessenza.com.
1.3.The Vendor reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.
1.4.These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on formaessenza.com between the users of formaessenza.com and the Vendor.
1.5.The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on formaessenza.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of formaessenza.com and third parties.
2.How to Execute a Contract with the Vendor
2.1.To place an order for the purchase of one or more products on formaessenza.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2.The order form contains information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs.
2.3.An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4.The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Account.
2.5.Before submitting the order form, you will be asked to identify and correct possible input errors.
2.6.English is the language used for executing contracts with the Vendor.
2.7.After your order form has been submitted, the Vendor will process your order.
2.8.The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, the Vendor shall inform you at the order confirmation that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on formaessenza.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.9.By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on formaessenza.com.
2.10.By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on formaessenza.com, even through links, including the General Terms and Conditions of Use and Privacy Policy.
2.11.Upon submission of an order form and acceptance of the same by the Vendor, the Vendor shall send you a purchase order confirmation by e-mail, containing a summary of the information related to the order form (the products’ main characteristics, detailed information on the price, terms of payment, and shipping costs).
- Guarantees and Product Price Indication
3.1.On formaessenza.com, we only offer products from selected artisans.
3.2.The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3.The main characteristics of products are shown on formaessenza.com on each product page. The products offered for sale on formaessenza.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4.Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5.Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.
3.6.All Products sold by formaessenza.com will be delivered in their original packaging. When trying on the products you should not damage the original packaging of the purchased products should you wish to return the purchased product.
As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us. In particular, if a product sold by the Vendor has manufacturing defects or in any case of alleged lack of conformity of the products sold by the Vendor, you must immediately contact our Customer Care by email: info@formaessenza.com
3.7.The legal guarantees established by Articles 129, 130 and 132 of the Consumer Code as defined below apply to the sale of the products by the Vendor. Under these Articles, you have the right to have the products brought into conformity, free of charge, by repair or replacement (provided that you are entitled to select whether having the product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to Article 130, para 7, of the Consumer Code), to have an appropriate reduction in the price of the products, or the contract cancelled. You lose these rights if fails to notify the Vendor of the lack of conformity within 2 (two) months of the date on which you detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by the Vendor shall automatically lapse 26 (twenty six) months after the delivery of the products.
3.8.In the event that you are seeking the product to be repaired or replaced due to lack of conformity pursuant to this Section 3, delivery costs for returning the product to be repaired or replaced shall be borne by the Vendor, as well as any costs related to the delivery to you of the repaired or replacing product.
3.9.Procedure to be followed by you to return the product to be repaired or replaced is the same as set forth at clause 7, except for the different timing possibly provided in the present clause.
4.Payments
4.1.Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2.In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Sella or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account at the order confirmation.
5.Shipping and Delivery of the Products
5.1 Purchased products shall be delivered to the address indicated by you in the order.
5.2. In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by the Vendor.
5.3. For each order, the Vendor shall invoice the purchased products by email or by post to you, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by you at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
5.4. Delivery charges shall be borne by you and are indicated separately on the order form and invoice, unless otherwise provided
5.5 Orders shipped outside of the European Union may be subject to import duties. FORMAESSENZA pre-pays duties for all orders shipping to the United States and Canada, so those customers are not subject to extra costs. Orders shipped outside EU, USA or Canada may be subject to import taxes.
5.6. The purchased product shall be delivered by a courier service selected by the Vendor (hereinafter, “Courier”); the purchased products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within the term indicated oduring the check out process.
5.7. At the time of delivery of the purchased products by the Courier, you (or a nominated representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
5.8 Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by you, you may not make any objection to the exterior characteristics of the delivered parcel.
6.Customer Care
Please contact our Customer Care for further information by email: info@formaessenza.com.
7.Consumer Rights and the Cooling-Off Period
7.1.If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from formaessenza.com, without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Clause 7.
7.2.You should return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3.To return the products:
you should notify us in writing within fourteen (14) calendar days, beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by completing and submitting the online Return Form or by contacting our Customer Care . You should keep a record of your cancellation notice;
the products shall not have been used or damaged;
the products shall be returned in their original packaging, which is an integral part of the products;
products shall be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel.
7.4.If you cancel the contract within the fourteen (14) calendar days cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within: (a) where we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or (b) where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time. The Vendor will refund the price of the product in full. You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
7.5.You can return the products to the Vendor by packaging the relevant products securely and sending them, at your own risk and cost, to the Vendor using your return number (as provided via the online Return Form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.4(a).
7.6.The cancellation right set out in this section 7 does not apply to: (a) sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons; (b) products comprising sealed audio or video recordings or computer software, if the product becomes unsealed after delivery; (c) products which are made to your specifications or clearly personalized; or (d) products which have become inseparably mixed with other items after delivery
7.7.Many of the items sold on www.formaessenza.com are made especially for you after you place your order. The Vendor generally accepts returns in many in-stock items, excluding final sale items. No returns or exchanges will be accepted on the following items, exceptions are indicated on each product page. For example, sales of the following items are considered final:
-Customized items
-Made to Order items
-Vintage Items
-Fine jewelry
Specific policies will be indicated on each product page.
8.Contact
For further information and assistance on the methods of purchase online, You may contact the Vendor at the Customer Care by email: info@formaessenza.com
9.Privacy
9.1You will find information on how we process your personal data by clicking on Privacy Policy.
9.2You are advised to read, if you haven’t already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of formaessenza.com.
9.3For further information on our Privacy Policy you can contact us at the Customer Care by email: info@formaessenza.com
10.Governing Law and Competent Jurisdiction
10.1These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts (Consumer Code) – and specifically “Capo I, Titolo III of Part III – and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
10.2Any disputes arising from the interpretation, validity and/or execution of these General Terms and Conditions of Slaes shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Consumer.
11.Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on formaessenza.com and shall therefore apply to orders submitted after that date.
