Terms and conditions

These conditions define the use and access to the site www.ellaunwear.com and apply to each purchase order of goods or services provided by the individual company FIORELLA ROSSI through the aforementioned site. Before confirming the purchase, we ask you to carefully read these general conditions of sale. Confirmation of the order implies full knowledge and express acceptance of the aforementioned terms and conditions. We therefore invite you to carefully read these conditions before submitting a purchase order. Once the online purchase procedure has been completed, the Customer is required to print and keep these general conditions and the relevant order form, which have already been viewed and accepted.

The Terms and Conditions may be subject to change. We therefore ask the customer to consult them whenever you wish to make a purchase, in order to understand what conditions apply to your contract with ella .

In the event of changes to the Conditions, the Conditions published on the site at the time the order proposal is sent by the Customer will apply to the purchase.

1. èlla – WHO WE ARE

1.1 We are www.ellaunwear.com, an individual company FIORELLA ROSSI VAT number 04557060615, with registered office in via Mazzini, 55, Caserta (CE) – 81100, Italy.

1.2 It is possible to contact customer service at the following number +39 328829398 , alternatively, at the following e-mail address: info@ellaunwear.it

1.3 If necessary, ÈLLA will contact the user by telephone or at the e-mail address provided by the customer when completing the appropriate form or during registration and/or purchase.

1.4 The use of “in writing” in these terms includes email.

2. OBJECT

2.1 The object of these General Conditions is the online sale of products through the e- commerce service on the website www.ellaunwear.com

3. THE CONTRACT

3.1 Our purchasing pages will guide you through the ordering process. It will allow you to check and modify any errors before finalizing the order. Therefore, we ask you to pay attention to the various phases of the procedure.

3.2 Upon completion of the order, you will receive a confirmation email, which, however, must not be considered as acceptance of the order itself. Acceptance will take place in the manner indicated in clause 3.3 below.

3.3 Acceptance of the order by ella will take place when we send you confirmation that the product has been shipped, from which moment the contract between you and ella will be considered concluded.

3.4 In the event that your order is not accepted, ella will inform you in writing and will refund you any sum paid for the purchase. Non-acceptance could depend on the product being out of stock, as a result of sudden and unforeseeable reductions in available resources, on the identification of an error in the price or description of the product or on the impossibility for it to respect the delivery date indicated at the time. of the order. However, ella reserves the right not to accept an order for any reason.

3.5 Your order will be assigned an identification number which will be communicated to you upon acceptance of the order. This will allow us to assist you whenever you need to contact us for questions relating to the order itself.

4. OUR PRODUCTS

4.1 The product images on our website are for illustrative purposes only. While we strive to display colors as accurately as possible, we cannot guarantee that your monitor's color display will be an exact match to our products. There may therefore be slight variations compared to the images. Èlla will not, therefore, be responsible for any inadequacy of the graphic representations of the products presented on the website, as such representations are merely illustrative in nature.

4.2 The packaging of the products may be different from that shown on the Website.

5. MODIFICATION OF THE ORDER

5.1 If you wish to modify an order that has already been processed, we ask you to contact us. We will let you know if it is possible to make an exchange; in this case, we will inform you of any changes to the price of the products, delivery times and anything else necessary as a result of the requested change.

6. DELIVERY OF THE PRODUCTS

6.1 Delivery costs will be shown to you on the Website.

6.2 When placing your order we will inform you of the delivery times of the products. Estimated delivery dates are shown on the shipping information page.

6.3 Ella will not be responsible for any delays resulting from events beyond its control. Please see clause 10, relating to events beyond ella's control.

6.4 The products will become your responsibility upon delivery to the indicated address.

6.5 Ownership of the products will be transferred to you when full payment has been received.

6.6 you may need certain information necessary to supply the products; to this end we will contact you in writing. If you fail to provide such information within a reasonable time, in any case not exceeding 7 days, or if you provide incomplete or incorrect information, we will be entitled to terminate the contract. In these cases, we will not be responsible for any delay in delivery or failure to supply the products.

6.7 èlla may suspend the supply of products in the following cases:

6.7.1 technical problems or need to make minor technical changes;

6.7.2 need to modify the product in order to comply with legislative or regulatory reforms;

6.7.3 need to modify the products in accordance with your request or following notification from ella .

6.8 Unless there is an emergency, we will contact you in advance to inform you of the need to suspend supplies. You may contact us to obtain termination of the contract relating to the product in the event of suspension, or of communication from us regarding a future suspension, provided, in both cases, the same continues for more than 30 days. In this case, we will refund you any sum already paid in relation to the product.

6.9 In the event of failure to comply with the delivery times of the products, you will have the right to cancel the order if the following hypotheses occur:

6.9.1 you refuse to deliver the product;

6.9.2 delivery within the deadline is to be considered essential (taking into consideration all the circumstances of the case); or

6.9.3 you had been informed about the essential nature of the term, before accepting the order.

6.10 If you do not wish to cancel your order or are not entitled to do so under clause 6.9, you may indicate a new and reasonable delivery time; if you fail to meet the delivery deadline again, you will have the right to cancel the order.

6.11 If you choose to cancel your order under clauses 6.9 or 6.10 above, you may do so in respect of all or some of the products purchased, unless such subdivision would significantly reduce their value. In any case, partial returns of single products are excluded. If the products have already been delivered to you, you will have to return them to èlla , who will cover the shipping costs. Following cancellation of the order, èlla will refund any sum paid with reference to the canceled products and related shipping costs.

6.12 Outside of the cases contemplated in clauses 6.9 and 6.10, if you wish to cancel an order already placed, you can contact us using the appropriate form on the site or by email at resi@ellaunwear.it ; the cancellation can only take place until ÈLLA has shipped the product; once ÈLLA has shipped the product, the cancellation must be carried out according to the methods established for the exercise of the right of withdrawal (see paragraph 13).

7. OUR RIGHT TO TERMINATE A CONTRACT

7.1 èlla may terminate the contract at any time by contacting you in writing if you do not provide, within a reasonable time of our request, the information necessary for us to supply you with the products.

8. PRICE AND PAYMENTS

8.1 Where to find the price of the product. The price of the product (which includes VAT, as set out in clause 8.4) will be the price shown on the order pages, as configured when you confirm your order. Prices do not include any customs fees that may be due upon delivery of the products. We do our best to ensure that the price shown is correct. We ask you to read clause 8.6 regarding the consequences of an incorrect indication of the price of the product ordered.

8.2 The prices of our products may be subject to changes, which however do not affect orders already invoiced.

8.3 The price of a product does not include shipping costs. Shipping costs are identified during the checkout process, prior to order confirmation.

8.4 The prices indicated on the Website include VAT.

8.5 If between the date of the order and the date of supply of the product, the applicable VAT rate changes, the price of the product will be changed, unless payment has already been made in full before the aforementioned change.

8.6 It is possible that, despite our efforts, the price of some of the products may be indicated incorrectly. If the correct price of the product at the date of your order is different from the price indicated, we will contact you to obtain your instructions before accepting your order. If we accept an order and the error in pricing is obvious, unmistakable and reasonably recognizable as improper pricing, we will be entitled to end the contract, refund any monies paid and request the return of the products supplied.

8.7 The products must be paid for before shipping.

8.8 Payment can be made with the means of payment and with the methods indicated on the website during the purchase procedure.

8.9 You will be required to confirm that you are the owner of the credit/debit card or payment method used for the purchase. All credit/debit card holders are subject to validation and authorization checks by the card issuer. If the card issuer does not authorize the payment, Ella is not required to accept the order and will not be held responsible for delays or non-delivery, nor will it be required to inform you of the reason for the refusal.

8.10 We will not be liable to the card issuer or bank or to you for any mark-ups arising from the way in which we process the payment made via your credit/debit card in accordance with your order.

8.11 ÈLLA is not able to know the information relating to the payment card, which is managed directly by the third party who administers the payment. For this reason, under no circumstances can ÈLLA be held responsible for the fraudulent use of payment cards.

9. USE OF PERSONAL DATA

9.1 We will only use your personal data in accordance with our Privacy Policy . We recommend that you consult it as it includes important provisions that concern you.

10. EVENTS BEYOND OUR CONTROL

10.1 We will not be liable for any failure to perform or delay in performing any of our contractual obligations where this is caused by an event outside our control, as defined in clause 10.2 below.

10.2 An event outside our control means any act or event beyond our reasonable control, including, without limitation and by way of example, strikes, blockades or other industrial actions by third parties, riots, invasions, attacks terrorist attacks or threat of terrorist attacks, wars (whether declared or not) or related threats or preparatory maneuvers, fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters or failures of public or private telecommunications networks or impossibility of use of railway networks, ships, aircraft, or other means of public or private transport.

10.3 If an event outside our control occurs and this affects the performance of our contractual obligations:

10.3.1 we will contact you as soon as possible; And

10.3.2 our contractual obligations will be suspended, their performance deadline will be extended for the entire duration of the event outside our control. If the event will affect the delivery of the products, we will arrange a new delivery date after the aforementioned event has ended.

10.4 It will be possible to terminate a contract affected by an event outside our control that continues for more than 30 days. To this end we ask you to contact us. If you decide to proceed with the resolution, you will have to return (at our expense) all the products already received and we will refund the price paid, including shipping costs.

11. COMMUNICATIONS

11.1 The term “in writing” as used in these Terms includes email.

11.2 The consumer may contact us in the manner described in clause 1.2.

11.3 As regards companies, any notice or other communication, arising out of or relating to the contract, must be made in writing and delivered personally, it must be sent via a first class post or courier service which allows delivery within the next working day to the shipping one, or via e-mail.

12. USE OF THE WEBSITE

12.1 Registration, password and security. If you activate an èlla account, you will be responsible for maintaining the confidentiality of your password and username, as well as for all activities in which they are used. Please inform us immediately, by email at info@ellaunwear.it , if you notice or suspect unauthorized use of your password or username.

12.2 Your commitments.

12.2.1 You confirm that: (a) all information and details provided are true, accurate and up to date in all respects. You can update or correct your personal data at any time by changing your registered account details; (b) you will comply with the restrictions on use of the Website as set out in these Terms.

12.2.2 You undertake not to: (a) use the Website for any illegal purpose and not to interrupt, damage, alter or render less effective the Website; (B) access or attempt to access the accounts of other users and not to violate or attempt to violate the security measures of the Website.

12.2.3 You agree to hold Ella harmless in the event that: (a) our company faces legal proceedings as a result of your breach of these Terms; and/or (b) you have acted negligently, recklessly or in a deliberately harmful manner and you have suffered damage as a result of your use of the Website or any content submitted by us.

12.3 Rights recognized and rights reserved.

12.3.1 We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time without notice. We undertake to ensure that the Website is always available but we do not guarantee the absence of interruptions or errors.

12.3.2 she is the owner or licensee of the design, text, graphics and software of the Website. Use of the Website and its contents does not grant you any rights in respect of our intellectual property rights or the intellectual property of third parties in respect thereof.

12.3.3 It is not permitted to copy, reproduce, republish, download, publish, transmit, record, exploit, modify, communicate to the public or distribute in any way the web pages or materials on the Website or the computer codes of the elements relating to the Website for use other than personal use. Therefore, you may download irrelevant extracts of the content in question for viewing purposes, provided that you do not make more than one copy of any information.

12.3.4 Any use other than that permitted may only be carried out with our prior and explicit consent.

12.4 Links to and from other websites.

12.4.1 Linking to our home page is permitted provided that it is done lawfully and legally and in such a way that it does not damage or exploit our reputation or suggest any form of association with or endorsement by èlla .

12.4.2 You are not permitted to modify the Website or create a link to any part of it other than the home page , unless we give you written permission (which we may revoke at any time).

12.4.3 Any links to third party websites are provided for information purposes only and do not constitute an endorsement by us of such sites. We have no control over their contents and do not accept any responsibility for them or any loss or damage that may arise from the use of these sites.

13. RIGHT OF WITHDRAWAL, MODIFICATIONS AND CUSTOMIZATIONS

13.1 èlla guarantees the quality of the products sold in its online store, however, if, for any reason, you wish to return your order, we will be happy to accept the return within 14 days from the delivery date.

13.2 èlla 's return/exchange policy implies compliance with certain conditions:

- the product must be intact, unused, unwashed, undamaged or soiled;

- the product must be returned packaged exactly as it was shipped, complete with all accessories and labels;

- the return of items for which customizations and/or sartorial changes have been requested will not be accepted.

13.3 To respect hygiene conditions, returns of underwear that have been used after delivery are not accepted.

13.4 Products returned in exercise of the right of withdrawal must be returned in their entirety, the possibility of returning only some parts or components of the same is excluded.

13.5 To exercise the right of withdrawal, the Customer must communicate the desire to withdraw within 14 days of receiving the product, using the appropriate section of the website or by sending a communication via e-mail to resi@ellaunwear.it ; in the event that the products are delivered at different times, the 14-day period will be considered effective for each product from the date of the relevant delivery.

13.6 èlla , therefore, reserves the right to refuse returns of products that do not comply with the conditions indicated in points 13.2 and 13.5.

13.7 After having exercised the right of withdrawal by making the return request in the prescribed manner, the Customer will receive an email confirming the inclusion of the return request. After verification by ÈLLA that the return request has been made within the expected deadline (14 days from the delivery date), the Customer will receive an email approving the return request.

13.8 The returned products will be shipped at your expense using suitable means to guarantee traceability, safety and delivery in good condition. Returns must be returned to the individual company FIORELLA ROSSI, at the following address: via Mazzini, 55, Caserta (CE) – 81100, Italy.

13.9 ÈLLA will refund the Customer the sums paid for the purchase of the returned product within 14 days, starting from the day on which ÈLLA was informed of the decision to take advantage of the right of withdrawal, provided that ÈLLA has already received the return of the goods.

13.10 We advise you to keep proof of dispatch of the products. In case of non-receipt of the same, Ella will proceed with their recovery at your expense.

13.11 The maximum reimbursement for delivery costs will be equal to the cost expected for the cheapest delivery method offered by ella . For example, if, instead of delivery within 3-5 days, you opt for delivery of the product within 24 hours at a higher cost, we will refund you only the amount you would have paid by choosing the cheaper delivery option.

13.12 ÈLLA will use the payment method used by the Customer during the purchase phase for the credit.

13.13 In case of exercising the right of withdrawal, the Customer will be required to bear the costs for returning the returned products.

13.14 Once the returned product has been received, ÈLLA will verify compliance with the return conditions indicated in this paragraph (par. 13). In the event that the right of withdrawal is exercised without compliance with the conditions referred to in paragraph 13, the Customer will not be entitled to any refund. Within 7 days of sending the e-mail notifying the Customer of the non-acceptance of the return and the related reason, the Customer, by replying to the e-mail received, may choose to regain the returned product, at his/her expense. In the event that the Customer, within the aforementioned deadline, does not express the desire to regain the returned product, at his expense, ÈLLA may legitimately retain the returned product and the sums already paid for the purchase.

14. LEGAL GUARANTEE OF CONFORMITY

14.1 ÈLLA is responsible for any defect in the products due to their non-conformity with the order placed, provided that they exist at the time of delivery of the goods. In this regard, the legal guarantee of conformity provided for by Legislative Decree 206/2005 (Consumer Code) applies.

15. ADDITIONAL TERMS AND CONDITIONS

15.1 èlla has the right to transfer the rights and obligations arising from these Terms and Conditions to other parties. In the event that this happens and there is a contract in the execution phase between you and ÈLLA we will inform you in writing and will ensure that the transfer does not affect your rights deriving from the contract.

15.2 In the event that part of these Terms and Conditions is invalid, the remaining provisions will remain in force. Each of the paragraphs of these Terms operates separately.

16. APPLICABLE LAW

16.1 The contract and these terms and conditions are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory law of the country of habitual residence of the Customer. Consequently, the interpretation, execution and resolution of the Conditions are subject exclusively to Italian law (without prejudice to any other prevailing mandatory law of the country of habitual residence of the Customer) and any disputes relating and/or consequent thereto must be resolved exclusively by the Italian judicial authority, as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the Court of the place of residence or abode of the same according to the applicable law or, at the choice of the consumer in the case of action taken by the consumer, by the Court of Naples . If the Customer acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties mutually establish the exclusive jurisdiction of the Court of Naples.

17. ALTERNATIVE DISPUTE RESOLUTION (ODR) PLATFORM

17.1 Given that ÈLLA is always available to seek an amicable solution to disputes that arise, through the contacts indicated in the previous paragraphs, we inform you that, on the basis of the provisions of the European Regulation on Online Dispute Resolution (ODR) – EU Regulation no. 524/2013, it is possible to use, for the resolution of disputes, an online platform accessible at the following link: https://webgate.ec.europa.eu/odr ; through the ODR platform it is possible to consult the list of ODR bodies, find the link for each of them and start an online dispute resolution procedure.

17.2 Without prejudice to the Customer's right to contact the competent judicial authority for disputes arising from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure described above, as well as, where the conditions exist, to promote a extrajudicial resolution of disputes relating to consumer relations by resorting to the procedures provided for in the Consumer Code (Legislative Decree No. 206/2005).

Version updated on 10/07/2023