Terms and Conditions of www.papacodesign.com

These Terms govern

• the use of this Website; and

• any other Agreement or legal relationship with the Owner

on a binding basis. Capitalised terms are defined in the relevant section of this document.

Users are requested to read this document carefully.

Any additional contract or agreement concluded between the Owner and Sellers shall prevail over these Terms. Therefore, these Terms apply only on a residual basis and in accordance with the provisions of such contracts or agreements.

The party responsible for this Website is:

FEMAEN SRL – Via Privata Erasmo Boschetti, 2, 20124 Milano (MI), Italy
Owner’s email address: info@papacodesign.com

“This Website” refers to

this site, including its subdomains, and any other site through which the Owner offers the Service.

At a glance

The right of withdrawal applies only to European Consumers.
Please note that certain provisions of these Terms may apply only to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users acting other than as Consumers. Any such limitations are always explicitly stated in the clause concerned. Where no such mention appears, the clauses apply to all Users.

How this Website works

This Website serves as a technical infrastructure enabling Users to interact with each other. The Owner is therefore not directly involved in any such interactions between Users.

These Terms govern only the use of this Website as a platform.
The terms, conditions and any other provisions applicable to transactions between Buyers and Sellers are determined by each Seller.

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CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section apply generally.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using this Website, the User represents and warrants that the following requirements are met:

• There are no restrictions on Users with respect to whether they are Consumers or Business Users.

Registration

To use the Service, the User may open an account by providing all requested data and information in a complete and truthful manner.
The Service may also be used without registering or creating an account. In that case, however, certain features may not be available.

Users are responsible for keeping their login credentials secure and confidential. To that end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User accepts full responsibility for all activities carried out using their login credentials.
Users must inform the Owner promptly and unambiguously, using the contact details indicated in this document, if they believe their personal information—such as their User account, login credentials or personal data—has been compromised, unlawfully disclosed or stolen.

Account closure

The User may close their account and cease using the Service at any time by following this procedure:

• Contacting the Owner using the contact details in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion and without notice, to suspend or delete a User’s account at any time if it deems it inappropriate, offensive or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User does not exempt the User from payment of any fees or prices that may apply.

Content on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned by or provided by the Owner and/or its licensors.

The Owner exercises the utmost care to ensure that the content available on this Website does not violate applicable laws or third-party rights. However, achieving such a result is not always possible.
In such cases, without prejudice to rights and claims that may be lawfully exercised, Users are kindly asked to send related complaints to the contact details specified in this document.

Rights to content on this Website

The Owner holds and expressly reserves all intellectual property rights in the aforementioned content.

Users are not authorised to use the content in any way other than as necessary or implicit for the proper use of the Service.

In particular, without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Website, or allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorised to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that attribution of authorship is observed together with any other relevant information required by the Owner.

Statutory copyright limitations and exceptions remain unaffected.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any grant of rights in content, are determined by those third parties and governed by their respective terms and conditions or, in their absence, by law.

In particular, Users may encounter third-party advertisements on this Website. The Owner neither controls nor moderates advertisements displayed via this Website. By clicking on any such ads, the User will interact with the third party responsible for the advertisement.

The Owner is not liable for anything arising from such interactions with third parties, from access to third-party sites, or from the use of third-party content.

Permitted use

This Website and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is the User’s sole responsibility to ensure that use of this Website and/or the Service does not violate any law, regulation, or third-party rights.

Accordingly, the Owner reserves the right to take any appropriate measures to protect its legitimate interests and, in particular, to deny the User access to this Website or the Service, terminate contracts, and report any objectionable activity carried out through this Website or the Service to the competent authorities—e.g., judicial or administrative authorities—whenever the User engages in or is suspected of engaging in:

• violations of laws, regulations and/or these Terms;

• infringements of third-party rights;

• acts that may significantly prejudice the Owner’s legitimate interests;

• offences against the Owner or a third party.

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TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Website as part of the Service are available for a fee.

The fees, duration and conditions applicable to the sale of such Products are described below and in the relevant sections of this Website.

Product description

Prices, descriptions and availability of Products are specified in the relevant sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the highest technical accuracy possible, any representation on this Website by any means (including, where applicable, graphics, images, colours, sounds) is for reference only and does not imply any guarantee as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

Purchase process

Each step—from choosing the product to submitting the order—forms part of the purchase process.

The purchase process includes the following steps:

• Users are asked to select the desired Product and verify their purchase selection.

• After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.

Submission of the order

Submitting the order entails the following:

• By submitting the order, the contract is concluded and the User becomes obliged to pay the price, taxes and any additional charges and costs, as specified on the order page.

• Where the Product purchased requires active cooperation from the User—such as providing information or personal data, specifications or special requests—submission of the order also constitutes an obligation on the User to cooperate accordingly.

• Once the order has been submitted, Users will receive an acknowledgment of receipt of the order.

All notices relating to the purchase process described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before submitting the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.

Prices on this Website:

• depending on the section being viewed by the User, either include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.

Promotions and discounts

The Owner may offer special promotions or discounts for the purchase of Products. Such promotions or discounts are always subject to the requirements and to the terms and conditions specified in the relevant section of this Website.

Promotions and offers are granted at the Owner’s sole discretion.

Repeated or periodic promotions or discounts do not create any claim or enforceable right for Users in the future.

Depending on the case, discounts and promotions are valid for a given period of time or while supplies last. Unless otherwise specified, time limitations for promotions and discounts refer to the time zone of the Owner’s registered office, as indicated in the contact details in this document.

Vouchers

Promotions and discounts may be offered in the form of Vouchers.

If the conditions applicable to Vouchers are breached, the Owner may lawfully refuse to perform its contractual obligations and expressly reserves the right to take action, including judicial action, to protect its rights and interests.

Any additional or divergent provisions applicable to the use of Vouchers set out on the relevant information page or on the Voucher itself shall in any case prevail over the provisions below.

Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used in the manner and within the period specified on the website and/or on the Voucher;

• The Voucher may be redeemed only in full at the time of purchase—partial use is not permitted;

• Unless otherwise specified, single-use Vouchers may be redeemed once per purchase and therefore may be redeemed only once even for instalment purchases;

• Vouchers cannot be combined;

• The Voucher must be used within the specified validity period. After expiry, the Voucher will be automatically void. No claims may be made, including for reimbursement of the Voucher’s value;

• The User is not entitled to any credit/refund/offset if there is a difference between the Voucher value and the value redeemed;

• Vouchers are intended solely for non-commercial use. Reproduction, counterfeiting and marketing of Vouchers are strictly prohibited, as is any unlawful activity connected with the purchase and/or use of Vouchers.

Means of payment

Details of accepted means of payment are highlighted during the purchase process.

Some means of payment are subject to additional conditions or entail extra costs. Detailed information is provided in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment data—such as credit card numbers—but receives a notification once payment has been successfully completed.

If payment made by any available means fails or is refused by the payment service provider, the Owner is not obliged to fulfil the order. Any costs or fees arising from failed or refused payment are borne by the User.

Retention of title

Until the Owner receives full payment of the purchase price, the User does not acquire ownership of the ordered Products.

Contractual right of withdrawal

The Owner grants Users a contractual right to withdraw from the purchase contract in accordance with the terms and conditions set out in the relevant section of this Website within 15 days from conclusion of the contract.

Delivery

Deliveries are made to the address indicated by the User and using the methods indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details in this document or as described on the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase process.

Unless otherwise specified on this Website or agreed with the User, Products are delivered within thirty (30) days of purchase.

Non-delivery

The Owner is not liable for delivery errors arising from inaccuracies or omissions by the User in completing the purchase order, nor for any damage or delay occurring after delivery to the carrier if the latter was appointed by the User.

If the goods are not delivered or collected at the time or within the term established, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further measures.

Unless otherwise specified, each delivery attempt from the second attempt onwards shall be at the User’s expense.

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User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. Further information on the right of withdrawal can be found in this section.

Who enjoys the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from distance contracts concluded online within the period specified below, for any reason and without needing to provide justification.

Users who do not meet these requirements are not entitled to the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal statement of their intention to withdraw from the contract.

For this purpose, the User may use the model withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw in any other suitable form. To meet the withdrawal deadline, the User must send the withdrawal statement before the withdrawal period expires.

When does the withdrawal period end?

• For the purchase of goods, the withdrawal period ends 14 days after the day on which the User or a third party—appointed by the User and different from the carrier—takes possession of the goods.

• For the purchase of multiple goods ordered together but delivered separately, or for the purchase of a single good comprised of multiple lots or pieces delivered separately, the withdrawal period ends 14 days after the day on which the User or a third party—appointed by the User and different from the carrier—takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner shall reimburse all payments received, including, if applicable, delivery costs, to Users who have properly exercised their right of withdrawal.

However, any additional cost resulting from the choice of a particular delivery method other than the least expensive standard delivery offered by the Owner shall remain at the User’s expense.

Reimbursement shall be made without undue delay and in any event within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

… for contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User must return them to the Owner or to another person authorised by the Owner to receive them without undue delay and in any event within 14 days from the day on which the User communicated their intention to withdraw from the contract.

The deadline is met if delivery of the goods to the carrier or other authorised person occurs before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided evidence of having returned them.

The User is liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

Return shipping costs are borne by the User.

Exceptions to the right of withdrawal

No right of withdrawal exists for contracts:

• for the supply of goods made to the consumer’s specifications or clearly personalised;

• for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which were unsealed after delivery.

Legal guarantee of conformity of the Product

Under European law, the seller guarantees the conformity of goods sold for a minimum period of 2 years from delivery. Therefore, the seller must ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably expected for at least two years from delivery to the buyer.

Where Users act as European Consumers, the legal guarantee of conformity applies to items available on this Website in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users broader rights.

In particular, Consumers residing in France may exercise conformity warranty rights within two years from delivery without having to produce proof of the defect or lack of conformity. The period during which the Consumer is exempt from providing proof is reduced to six months for second-hand goods.

By exercising the warranty right, the Consumer may choose between replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal guarantee of conformity applies irrespective of any additional commercial warranty granted by the Owner.

The Consumer may also exercise the warranty for hidden defects under the relevant provisions of the French Civil Code, choosing between rescission of the purchase and a price reduction.

Consumers who are not acting as European Consumers may enjoy conformity warranty rights under the laws of the country in which they habitually reside.

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Limitation of Liability and Indemnification

European Users

Limitation of liability for User activities on this Website

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and functionalities available on this Website.

The Owner does not act in any way as an intermediary, moderator or promoter in interactions, agreements or transactions between Users and therefore disclaims all liability for such interactions between Users and for the fulfilment of any obligations by Users.

Australian Users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and that constitutes a right which cannot be excluded, limited or modified (a Non-Excludable Right). To the maximum extent permitted by law, our liability to the User—including liability for breach of a Non-Excludable Right and any other liability not otherwise excluded under these Terms and Conditions—is limited, at the Owner’s discretion, to a resupply of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of warranties

The Owner provides this Website “as is” and “as available.” Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, covenants and warranties of any kind—whether express, implied, statutory or otherwise—including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or the use of the Service by the User.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked by hyperlink. Furthermore, the Owner does not monitor or participate in any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s browser, device and/or operating system. The Owner shall not be held liable for any perceived or actual damages arising from the content, operation or use of the Service.

Federal law, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The limitations and exclusions in this Agreement shall apply to the extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, intentional, incidental, special, consequential or exemplary damages, including, without limitation, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service, the User account or the information contained therein;

• any error, omission or inaccuracy in any content;

• personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the Service;

• any unauthorised access to the Owner’s secure servers and/or any personal information stored therein;

• any interruption or cessation of transmission to or from the Service;

• any bugs, viruses, trojans or the like that may be transmitted to or through the Service;

• any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or

• the defamatory, offensive or illegal conduct of any User or third party.

In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding the amount paid by the User to the Owner during the 12 months preceding, or for the duration of this Agreement between the Owner and the User, whichever period is shorter.

This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; the above limitations or exclusions may therefore not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability set out in these Terms do not apply beyond the limits permitted by applicable law.

Indemnification

The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses, including, without limitation, legal fees and expenses, arising from:

• the User’s use of or access to the Service, including any data or content transmitted or received by the User;

• the User’s breach of these Terms, including, without limitation, any breach by the User of any representation or warranty set out in these Terms;

• the User’s violation of any third-party rights, including but not limited to any right of privacy or intellectual property;

• the User’s violation of any law, rule or regulation;

• any content sent from the User’s account, including, without limitation, misleading, false or inaccurate information, and including also where access is made by third parties using the User’s personal username and password or other security measures, if any;

• the User’s wilful misconduct; or

• the User’s violation of any legal provision by the User or its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

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General Provisions

No implied waiver

Failure by the Owner to exercise legal rights or claims arising from these Terms shall not constitute a waiver of such rights. No waiver shall be deemed final in relation to a specific right or to any other right.

Service interruptions

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, giving appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of termination, the Owner will endeavour to allow Users to extract their Personal Data and information in accordance with legal provisions.

Moreover, the Service may be unavailable for reasons beyond the Owner’s reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service, in whole or in part, without the Owner’s prior written consent, given directly or through a legitimate resale programme.

Privacy Policy

Information on the processing of Personal Data is contained in this Website’s Privacy Policy.

Intellectual property

Without prejudice to any more specific provision in the Terms, intellectual and industrial property rights—such as, for example, copyrights, trademarks, patents and designs—relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks—word or figurative—and any other distinctive marks, trade names, service marks, illustrations, images or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such case, the Owner will duly inform Users of the changes.

Changes will affect the relationship with the User only for the future.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.

The previous applicable version shall continue to govern the relationship until the User’s acceptance of the updated Terms. Such version can be requested from the Owner.

Where required by applicable law, the Owner will specify the date on which changes to the Terms become effective.

Assignment of contract

The Owner reserves the right to transfer, assign, novate or subcontract any or all rights and obligations under these Terms, having regard to the Users’ legitimate interests.

The provisions relating to changes to these Terms apply.

The User is not authorised to assign or transfer their rights and obligations under the Terms without the Owner’s written consent.

Contacts

All communications relating to the use of this Website must be sent to the contact details indicated in this document.

Severability

If any provision of these Terms is or becomes null or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, which shall therefore remain valid and effective.

US Users

Any invalid or ineffective provision shall be interpreted and adjusted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject matter and prevail over any other communication, including any prior agreements, between the parties regarding the subject matter.
These Terms will be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms is or becomes null, invalid or ineffective, the parties shall endeavour to identify by mutual agreement a valid and effective provision replacing the null, invalid or ineffective one.
If no agreement is reached as above, where permitted or provided by applicable law, the null, invalid or ineffective provision shall be replaced by the applicable statutory rule.

Without prejudice to the foregoing, nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not cause the entire Agreement to be void, unless the null, invalid or ineffective provisions are essential or of such importance that the parties would not have concluded the contract had they known the provision was invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and is habitually resident in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction over any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

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Dispute Resolution

Amicable dispute resolution

Users may report any disputes to the Owner, who will seek to resolve them amicably.

Without prejudice to the Users’ right to bring an action in court, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner using the contact details indicated in this document.

The User may submit a complaint to the Owner’s email address indicated in this document, including a brief description and, where applicable, details of the relevant order, purchase or account.

The Owner will handle the request without undue delay and within 21 days of its receipt.

Consumer dispute resolution platform

The European Commission has established an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Accordingly, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online.