Terms & Conditions

This document contains the general terms and conditions under which users are encouraged to use the https://agorafashion.it website, which offers clothing and accessories for men and women.

To ensure full understanding and acceptance of these terms and conditions, the following terms in the singular and plural will have the meanings given below:

- Holder: Inessa Zaica, viale Amerigo Vespucci 29/D, 47921 Rimini, VAT number 04483550408, PEC address otdihitaliasrl@legalmail.it.

- Application: website www.agorafashion.it/en.

- Items: products provided to the user by the Holder.

- User: any person who accesses and uses the Application.

- Consumer User: an adult natural person who enters into a contract for purposes unrelated to his/her own business, commercial, craft or professional activity, which, possibly.

The App provides Users with: clothing, footwear and accessories for men and women.

Use of the Application implies the User's acceptance of the Terms and Conditions. If the User does not intend to accept the Terms and / or any other note, legal notice, information published or referred to in them, he or she will not be able to use the Application or related services.

The Terms are subject to change at any time.

Applicable Terms are those in force on the date of transmission of the purchase order or request for delivery of the Product.

Before using the Application, User should read the Terms carefully and save or print them for future reference.

The Owner reserves the right to modify, at its discretion, at any time, even after the User has registered, the graphical interface of the Application, the Content and their organisation, as well as any other aspect characterising the functionality and management of the Application, informing the User, if necessary, of the relevant instructions.

For each Product the price is indicated including VAT, if it is payable. If the nature of the Article does not allow it to be calculated in advance, methods of price calculation are indicated.

In addition, all possible taxes, additional charges and delivery costs will be indicated, which may vary depending on the destination, the chosen method of delivery and/or the method of payment used. If such cost items cannot be reasonably calculated in advance, it will be indicated which costs will be incurred by the user.

The Owner reserves the right to change the price of the Products and any additional charges at any time. It is understood that any price changes will in no way affect contracts already entered into prior to the change.

The User undertakes to pay the price of the Products at the times and in the ways specified in the Application and to provide all necessary requested data.

The Application uses third party tools to process payments and does not in any way contact the provided payment data, credit card number, owner's name, password, etc. d.).

If such third party tools refuse to authorise payment, Owner will not be able to supply the Products and will not be liable in any way.

The user who wishes to be billed will be requested for billing. For billing purposes, the information provided by the user, which the user represents and warrants to be true, will prevail, relieving the Owner of full compensation in this regard.

Tangible Products and / or digital Articles supplied on tangible support will be delivered to the address indicated by the User, in the manner and within the terms selected or indicated in the Appendix and specified in the order confirmation. Unless otherwise stated, the delivery terms indicated in the order confirmation specify the period of time normally required for the delivery of the Product from the time the courier takes over.

In the event that the requested Products cannot be delivered, the User will be notified immediately by e-mail stating when it is expected to be able to deliver them or the reasons why delivery is not possible.

If the User does not intend to accept the new deadline or delivery has become impossible, he/she may request a refund of the amount paid, which will be promptly credited by the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the owner became aware of the refund request.

Upon receipt of the Product, the User must check the conformity with the order placed as well as the integrity of the packaging. In case of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it free of charge. After signing the delivery document, the User will not be able to raise any objections regarding the external characteristics of the delivered Products.

The Owner shall not be liable to any party or third party for damages, losses and expenses incurred as a result of non-performance of the contract due to force majeure.

The non-Consumer User is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided.

The right to withdraw from the contract for the sale or supply of Products by the Consumer is excluded with respect to:

In relation to the material Products, non-consumer users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations art. 1490 and ss. c.c ..).

The legal guarantee of conformity is recognized, as provided for by art. 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of consumer goods, as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, also to be assembled, except for goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by proxy to notaries, water and gas, when not packaged for the sale in a limited volume or in a specific quantity, electricity.

The legal guarantee of conformity is reserved for Consumer Users only.

The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. It is assumed that the Products comply with the contract if, where relevant, the following circumstances coexist:

- they are suitable for the use for which goods of the same type are normally use.

- they comply with the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model.

- present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or by its agent or representative, in particular in advertising or on labelingra.

- they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of the conclusion of the contract and that the Owner has accepted even for conclusive facts.

Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.

The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between the repair of the Product or its replacement.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs:

- the repair and replacement are impossible or excessively expensive; 

- the Owner has not repaired or replaced within a reasonable period;

- the replacement or repair have caused considerable inconvenience to the Consumer User.

If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address: agorafash@gmail.com.

The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and / or the reported defect.

The Owner declares to be the owner and / or licensee of all intellectual property rights relating and / or relating to the Application and / or the Contents available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

The Conditions do not grant the User any license to use the Application and / or individual contents and / or materials available therein, unless otherwise regulated.

Any reproductions in any form of the explanatory texts and Application Contents, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.

The Application is provided as is and as it is available and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never be interrupted or error free or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges incurred.

The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used credit card number , name of the owner, password, etc.c.).

The Owner will not be responsible for:

1. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner.

2. incorrect or unsuitable use of the Application by Users or third person.

3. the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being the only responsible for the correct insertion.

In no case can the Owner be held responsible for a sum greater than double the cost paid by the User.

The Owner cannot be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the website.

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a different judge. from that of the consumer's forum pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in art. 18, 19 and 20 of the civil procedure code.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right to withdrawal, at the deadline for the return of the Products, in the event of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

For non-consumer users, any dispute relating to the application, execution and interpretation of these conditions will be referred to the court of the place where the owner is based.

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/.