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Terms of service

GENERAL CONDITIONS

  1. INTRODUCTION

This document (together with the documents referred to herein) contains the terms and conditions governing the use of this website (www.Sophique.com) and the purchase of items contained therein (hereinafter the "Terms and Conditions").

Please read these Terms carefully, including any additional terms and conditions, the Cookie Policy and the Personal Data Protection or Privacy Policies referred to in this document and/or available via hyperlink (hereinafter collectively referred to as the "Data Protection Policies" or "Privacy Policies"), before using this website. Please note that by using this website or placing an order through it, you agree to these Terms and the related Data Protection Policies. If you do not agree to all of these Terms and Data Protection Policies, you may not access the website or use any services.

These Terms and Conditions and Data Protection Policies apply to all users of the site, including, but not limited to, users who are browsers, suppliers, customers, merchants and/or content contributors.

For any requests, concerns or questions regarding the Terms and Conditions and Data Protection Policies, please contact us at our email address info@sophiquemilano.com.

Any new features or tools added to the current shop will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. 

       2. OUR DATA

The sale of products through this website is managed by Sophique S.r.l with registered office in Milan, Via Francesco Burlamacchi 14, VAT number and P.I.V.A 11155490961, email address mariasofiapapadimitriou@pec.it, contact details available in the "contact" section of this website.

      3. PERSONAL INFORMATION AND ACCESS TO OUR WEBSITE

The information or personal data provided by the user will be processed in accordance with the Data Protection Policies or Privacy Policies. By using the website, the user authorises us to process such information and personal data and declares that all information and/or personal data provided is accurate and truthful.

The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided on this website is at your own risk.

        4. USE OF OUR WEBSITE

By using the website and/or placing orders through it, you agree to:

  1. use the website solely for making legally valid enquiries or orders;
  2. not to place false or fraudulent orders, or violate any law in your jurisdiction (including, but not limited to, copyright laws). If we have reasonable grounds to believe that such an order has been placed, this will result in the immediate termination of services and the relevant authorities will be notified;
  3. provide us with your email address, postal address and/or other personal data in a truthful and accurate manner. Similarly, you consent to our use of this information to contact you (if necessary, please refer to our Privacy Policy).

If all the necessary information is not provided, it will not be possible to complete your order. By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts, or that you have given your consent for any of your dependents to use this site.

The website is hosted by Shopify Inc. Shopify Inc provides the online e-commerce platform that allows us to sell our products and services.

        5. SERVICE AVAILABILITY

The items offered through this website are available for delivery Worldwide.

        6.CONTRACT CONCLUSION

The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to the public, but merely an invitation to submit a contractual proposal. No contract shall exist between you and us in relation to any products until your order has been explicitly accepted by us. If your proposal is not accepted and you have already been charged, the amount will be refunded in full.

To place an order, you must follow the online purchase procedure by selecting the product, adding it to the website's online shopping cart and proceeding with payment. If the transaction is successful, you will receive an email confirming receipt of your order (the "Order Confirmation"). Please note that this does not constitute acceptance of your order, as it is an offer you make to us to purchase one or more products, and we therefore reserve the right to refuse the order. Once your order has been approved, you will be notified by email that your order is being shipped (the "Shipping Confirmation"), during which time it can be tracked. The details of the order will be summarised in the attached electronic receipt. The contract for the purchase of a product between us and you (the "Contract") will only be concluded when you receive the Shipping Confirmation that we will send you.

Only the products listed in the Shipping Confirmation will form the subject matter of the Contract. We will not be obliged to supply you with any other product that has not been ordered until it is confirmed in the Shipping Confirmation that such product has been shipped.

       7. PRODUCT AVAILABILITY

All product orders are subject to availability. If there are supply problems or items are out of stock, we reserve the right to provide you with information about replacement products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, any amounts already paid by you will be promptly refunded.

        8.REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content on it. Although we will always do our best to fulfil all orders, exceptional circumstances may arise that force us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time. We shall not be liable to you or any third party for the removal of any product from this website, the deletion or modification of any material or content on the website, or for not processing your order after sending the Order Confirmation.

We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by retailers, resellers or distributors.


         9.DELIVERY

Without prejudice to the provisions of Article7 , except in extraordinary circumstances, we undertake to do everything in our power to dispatch the order for the product(s) indicated in the relevant Shipping Confirmation by the date specified therein. If no delivery date is specified, we will do our best to deliver the order within the estimated time frame at the time of purchase, simultaneously with the selection of the delivery method and, in any case, within a maximum of 30 days from the date of the Order Confirmation.

However, delays may occur for various reasons, such as product customisation, unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the delivery terms, we will inform you and give you the option to continue with the purchase by setting a new delivery date, or to cancel the order, with a full refund of the amount paid.

For the purposes of these Terms and Conditions, "delivery" shall be deemed to have taken place or the order "delivered" upon acquisition, by you or a third party designated by you, of physical possession or control of the products, which shall be evidenced by signing the order receipt at the agreed delivery address.

If we are unable to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.

If delivery cannot take place for reasons beyond our control, we will also contact you by email and/or SMS and, if after 30 days from the date your order is available for delivery, the order has not been collected and/or you have refused collection, we will assume that the order has been abandoned. For further information, please contact us using the contact details provided in this document and/or on our website.

        10. PRE-ORDERS AND MIXED ORDERS

Through this website, where applicable, you can pre-order certain products, to which all these general terms and conditions of purchase apply. Please note that, in general, the estimated delivery time for your pre-order may be longer than for a normal order, subject to a maximum of 30 days from the date of Order Confirmation. Orders containing pre-order products ("Mixed Orders") may be delivered in several instalments; therefore, you may receive the products referred to in the Mixed Orders separately at different times, for which individual Shipping Confirmations will be sent. Please note that in the event of a return, the period granted to you begins from the physical acquisition of each product, taking into account the relevant Shipping Confirmation, in accordance with Article14 .

          11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks relating to the products shall pass to you upon delivery. You shall acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or upon delivery (as defined in the previous article9 ), if this occurs at a later date.

          12. PRICE AND PAYMENT

The price of the products will be as indicated on our website from time to time, except where there is an obvious error. Although we make every effort to ensure that all prices appearing on the website are correct, errors may occur. If we find any errors in the price of the products you have ordered, we will inform you promptly and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, your order will be cancelled and you will be refunded the full amount paid. If the errors relate to product descriptions, promotions, offers, shipping costs, transit times and availability, we reserve the right to correct, update the information or cancel orders due to inaccurate information at any time. 

We will not be obliged to supply you with the product(s) at the lower price incorrectly quoted (even if we have already sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable, making it reasonably recognisable as such by you.

Prices on the website include VAT but exclude shipping costs, which must be added to the total amount payable.

Prices may change at any time; however, such changes will not affect orders for which we have already sent an Order Confirmation (except as previously stated).

You can pay by credit card, debit card, Apple Pay, Google Pay and PayPal. By proceeding with your purchase, you confirm that the credit card is yours.

To reduce the risk of unauthorised access, your card details will be encrypted. Once we receive your order, we will pre-authorise your credit card to ensure that you have sufficient funds to complete the transaction. Your card will be charged when the payment is successful. If you choose to pay by PayPal, your card will be charged when you confirm your order.

Credit cards will be subject to verification and authorisation by the card issuer, but if the payment is not authorised by the card issuer, we will not be liable for any delay or non-delivery and we will not be able to complete any Contract with you.

        13. VAT

In accordance with current legislation, all purchases made through the website will be subject to Value Added Tax (VAT).

        14. RETURNS/EXCHANGES POLICY

If you enter into the Contract as a consumer, you will have the right to withdraw from the Contract within 14 days without giving any reason. This withdrawal period starts from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods. To exercise your right of withdrawal, you must inform us by writing to info@sophiquemilano.com  and to exercise this right, you simply need to send us notification of your intention to withdraw from the Contract before the expiry of the withdrawal period.

If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), net of return shipping costs, without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from the Contract. The refund will be made using the same means of payment you used for the initial transaction. Notwithstanding the foregoing, the refund may be suspended until we receive the goods or until you provide proof that you have returned the goods, whichever is earlier.

Please return the goods promptly and no later than 14 days from the date of notification of your decision to withdraw from the Contract.  To meet the deadline, you must return the goods before the expiry of the 14-day period.

You are only liable for any diminished value of the goods resulting from your handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

You may not exercise your right to withdraw from the Contract for the supply of one or more of the following products:

    • Personalised items;
    • Sealed goods that cannot be returned for hygiene reasons and have been opened after delivery.

Your right to withdraw from the Contract applies only to products returned in the same condition in which you received them. Please note that, in the event of a return, you are responsible for the contents of the returned package. No refund will be made, regardless of the return options chosen, if: i) the package received contains an incorrect item and/or an item different from the product ordered or to be returned, ii) the product has been used beyond simply opening it, and iii) the products are not in the same condition in which they were delivered or if they have been damaged. We therefore invite you to take care when returning items and to take care of the products while they are in your possession and availability. Please return the item using or including in the package the original packaging, instructions and other documents, if any, accompanying the products.

If there is an error in the contents of the returned package, we reserve the right to charge you for the transport costs if it is possible to handle and return the package to you.

If you believe that the product does not comply with the Contract at the time of delivery, you must immediately contact us via the email address provided on our website, providing us with the product details and the damage suffered, and we will inform you of the procedure to follow. To enable us to check the item, you must return it to the address indicated in the electronic document received by email together with the Shipping Confirmation. In the event of a lack of conformity of the goods, we will offer you a replacement or a refund (as appropriate), unless you request otherwise, provided that this is objectively possible and/or not excessively burdensome for us under applicable law. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days of the date on which we confirmed that we will proceed with the refund or replacement of the unsuitable item, at no cost to you.

The amount paid for products that are returned due to damage or defect, if they actually exist, will be refunded in full, including the delivery costs incurred for sending the item and for its return by you, provided that the product has not been worn or used and damaged. The refund will be made using the payment method used to make the purchase, unless otherwise agreed. All rights granted to consumers by current legislation remain unaffected.

           15. LEGAL WARRANTY

The products sold through this website are covered by the mandatory legal warranty provided for by law in favour of consumers, to cover any lack of conformity existing at the time of delivery of the goods. The legal warranty covers any lack of conformity existing at the time of delivery of the goods or which becomes apparent within two years of delivery.  A lack of conformity exists, for example, if the product you have purchased: (i) does not correspond to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which products of the same type are normally intended; (iii) does not have the qualities and characteristics that can reasonably be expected, taking into account the nature of the goods and, where applicable, the specific characteristics presented.  Within the limits provided for by law, we exclude all additional and derogable warranties, except those that cannot be legitimately excluded in relation to consumers and users. In the event of a lack of conformity, in the cases and under the terms provided for by applicable law, you are entitled to have the goods brought into conformity, if possible, or to the remedies provided for, at no cost to you.

If you believe that one or more products purchased are not in conformity, please contact us at the addresses indicated on our website and remember that you must make the goods available to us.

            16. LIABILITY AND DISCLAIMER

Unless otherwise provided in these Terms and Conditions, our liability in relation to products purchased on our website shall be limited exclusively to the purchase price of the product in question.

Notwithstanding the above, our liability is not excluded or limited in the following cases: 

    • Cases of death or personal injury resulting from our negligence;
    • Cases of fraud or fraudulent activity; or
    • Any circumstances where it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Subject to the provisions of the previous paragraph and to the extent permitted by applicable law, and unless otherwise provided in these Terms and Conditions, you expressly agree that your use or inability to use the products is at your sole risk, and we shall not be liable for any direct or indirect damages, including, but not limited to: 

    • loss of profits;
    • loss of business;
    • loss of earnings or loss of contracts;
    • loss of anticipated savings;
    • loss of data; and
    • waste of office administration time.

By proceeding with the purchase, you agree that you have read and are aware of the materials used in the manufacture of our products and assume responsibility for any allergic reactions resulting from them.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, except where expressly stated otherwise. These provisions do not in any way limit the rights granted to consumers by current legislation.

           17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as part of the website are our property and that of those who have licensed us to use them. You may only  use such materials in the manner expressly authorised by us or those who have licensed them to us.  This shall not prevent you from using this website to the extent necessary to copy information about your order or contact details.

            18. VIRUSES, HACKING AND OTHER RISKS OF COMPUTER ATTACK

You must avoid any misuse of this site and the introduction of viruses, Trojan horses, worms, logic bombs or other programmes or materials that may cause technological damage. Without authorisation, you must not access the website, the server on which it is hosted, or any other servers, computers or databases connected to our website. You agree not to carry out DoS attacks against this website. Failure to comply with this clause may constitute a violation of applicable law.  In the event of non-compliance, we will inform the competent authorities and cooperate with them to identify those responsible for the attack.

Furthermore, in the event of non-compliance with this provision, your authorisation to use the website will be immediately revoked.  To the fullest extent permitted by applicable law and in accordance with fundamental consumer rights, we accept no liability for any damage or loss resulting from a DoS attack, virus or other programmes or materials that may cause technological damage to your computer, IT equipment, data or materials as a result of using our website, downloading content from it or being redirected to it.

              19. LINKS FROM OUR WEBSITE

If our website contains links to other pages or third-party materials, these links are provided for informational purposes only, without our control over the content or materials on such pages or sites. Therefore, we accept no responsibility for any damage or loss arising from their use. 

              20. WRITTEN COMMUNICATIONS

Under applicable law, certain information or communications we send to you must be in writing. By using this website, you agree that most communications between us will be in electronic form. We will contact you by e-mail or by special notices posted on this website. By using this electronic means of communication for contractual purposes, you agree that all contracts, notices, information and other communications sent electronically by us satisfy the legal requirement that such communications be in writing. This provision does not in any way limit your rights under applicable law.

If, at our request or without a specific request being made, you send suggestions, proposals, plans or other materials, whether online, by e-mail, by post or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you submit to us in any medium.

You further agree that your comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, or contain computer viruses or other malware that could affect the operation of the related website. You may not use a false e-mail address to pretend to be someone other than yourself in order to mislead us or third parties as to the origin of any comments. We accept no responsibility for any comments posted by you or any third party.

               21. NOTIFICATIONS
It is preferable that all communications to us are sent via the contact details provided in this document and on our website. However, except as specified in Article 20, we reserve the right to send communications to you or to the address provided at the time of ordering.  Communications will be considered received and duly notified when they are published on our website, 24 hours after being sent by e-mail or three days after the date of dispatch by post.  To prove that a communication has been notified, it will be sufficient to provide evidence that, in the case of a letter, it has been correctly addressed, stamped and delivered to the postal service, or in the case of an email, that it has been sent to the recipient's email address. 

               22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding not only on both parties, but also on our respective successors and those who acquire our rights and obligations.  You are prohibited from transferring or assigning the Contract, or any of the rights or obligations arising from it, without our prior written consent. However, we reserve the right to transfer, assign, subcontract or otherwise dispose of the Contract or any of the rights and obligations arising from it at any time and in any manner. It is important to clarify that any transfer, assignment, subcontracting or other form of disposal of the Contract will have no impact on your rights as a consumer. Furthermore, it will not reduce, limit or affect in any way the guarantees or responsibilities we offer, either explicitly or implicitly.  

                23. FORCE MAJEURE

We shall not be liable in any way for any failure or delay in the performance of any of our obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Events"). Force Majeure Events shall mean any circumstance, event, non-occurrence, omission or accident beyond the reasonable control of the party concerned; this expression includes, but is not limited to, the following:

    • strikes, lockouts or other industrial action,
    • fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters,
    • inability to use public or private telecommunications networks,
    • acts, decrees, laws, regulations or restrictions of any government.
    • any strike, disaster or accident involving maritime, postal or other relevant means of transport.

It is understood that the performance of the obligations under this Agreement shall be suspended for the duration of the Force Majeure Events. We shall be granted an extension for the performance of the Agreement equal to the duration of such period. It is understood that, even during Force Majeure Events, we shall endeavour to find a solution whereby we can fulfil our contractual obligations.

               24. WAIVER

If, during the performance of the Contract, we do not explicitly request the full performance of one of your obligations or those provided for in the General Conditions, this does not mean that we waive such rights or actions, nor that you are exempt from fulfilling your obligations. Our tolerance of any breach on your part does not imply a waiver of our right to react to future breaches.  Any waiver by you of any of your obligations under the Contract or the General Terms and Conditions shall only be valid if communicated in writing, in accordance with the provisions of Articles 20 and 21 above.

               25. PARTIAL INVALIDITY

If any part of the General Terms and Conditions or the Contract is deemed invalid, unlawful or unenforceable by the competent authority, that part shall be deemed invalid. However, the other provisions shall remain in force to the fullest extent permitted by law. Therefore, the invalidity of one clause shall not affect the validity or enforceability of the other remaining provisions.

               26. INTEGRITY OF THE AGREEMENT

These General Terms and Conditions, together with all documents expressly referred to in them, constitute the entire agreement between you and us in relation to the subject matter of the Agreement and supersede any prior agreement, whether oral or written. We both acknowledge that in entering into the Contract, neither you nor we have relied on any representations, undertakings or promises made by the other party, or on anything said or written during the negotiations prior to the Contract. We rely solely on what is clearly stated in these Terms. We shall both be entitled to take action to remedy any false statements made by the other party, either orally or in writing, prior to the date of the Contract, unless such false statements were made fraudulently. The only action permitted shall be for breach of the Contract, as specified in these Terms.

               27. RIGHT TO AMEND THESE TERMS AND CONDITIONS

We reserve the right to update and amend these Terms and Conditions at any time. The Terms and Conditions in force at the time of your order will apply, unless a change to the Terms and Conditions or Data Protection Policies is required by law or at the request of a government authority (in which case, the new Terms and Conditions will also apply to orders already placed).

It is your responsibility to check our website periodically for any changes. Your continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

                28. APPLICABLE LAW AND JURISDICTION

The use of our website and the purchase contracts for products through it are subject to Italian law. Any dispute arising from the use of the website or from such contracts shall be settled by the court of the place of residence or domicile of the consumer. If you enter into the Contract as a consumer, this clause shall not in any way limit the rights guaranteed to you by law as a consumer.

               29. REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION WITH CONSUMERS (ODR)

For any comments, suggestions, requests for information or complaints, please contact us using the customer service channels indicated on our website. Our customer service team will handle your requests and complaints as quickly as possible and, in any case, within the time limits set by law. If, as a consumer, you believe that your rights have been violated, you can send your complaints to us at the email address info@sophiquemilano.com to seek an out-of-court settlement of the dispute. In this regard, and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this website using the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr provided by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.


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