General Terms and Conditions of Sale

Art. 1 – General provisions

These general terms and conditions of sale are valid exclusively between the sole proprietorship AMAUTA CIRIACHI with registered office in ROME, Via dei Virgulti, 34 – C.F. CRCMTA70R70H501C and VAT number IT17509211003, hereinafter also referred to as

“Seller” is any person, hereinafter also referred to as the “Customer” who makes online purchases on the Website: https:// leformeatelier.com, hereinafter also referred to as the “Site”. Browsing and submitting a purchase order on the site implies acceptance of these Terms and Conditions and the Data Protection Policies adopted by the site.

These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the Site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no.

21/14 and Legislative Decree 70/03) on e-commerce.

The Customer is required, before accessing the products provided by the site, to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.

The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be at any time. Any changes and/or new conditions will be in force from the moment they are published on the Site. The Customer is therefore invited to access the Site regularly and to consult, print, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale and a copy of the purchase order form.

The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

Art. 2 – Object

With these General Terms and Conditions of Sale, the Seller sells and the customer purchases at a distance tangible movable property indicated and offered for sale on the site.

These General Terms and Conditions of Sale govern, in particular, the offering, forwarding and acceptance of purchase orders for products on the website.

On the other hand, these General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any control and/or monitoring on the websites that can be consulted through these links. The Seller is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or contents of these sites nor for any errors and/or omissions and/or violations of law by the same.

Art. 3 – Information for the conclusion of the contract

In accordance with Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, in order to conclude the purchase contract, it will be necessary to follow the online purchase procedure.

The customer must fill in an order form in electronic format and send it to the Vendor, electronically, following the instructions that will appear from time to time on the Site.

Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.

The contract is concluded when the customer clicks the ‘place order’ button and the order form reaches the Seller’s server .

The customer will be obliged to pay the price from the moment the online order submission procedure is completed.
Once the contract has been concluded, the customer will receive an e-mail confirming receipt of the order (the “Order Confirmation”) containing: information relating to the characteristics of the purchase, indication of the price, indication of the means of payment used, indication of any payment costs used, indication of any delivery costs .

It is understood that the order summary only states that we have received your purchase request and not that the order has been accepted. All orders for the purchase of a Product are subject to a specific and separate acceptance by us and will only be deemed accepted (and the online sales contract for the Product will be deemed to have been concluded) when you receive a separate email confirming that the Product has been dispatched

(“Shipping Confirmation”).

The customer may at any time and in any case before the conclusion of the contract, become aware of the information relating to the Seller, information which is reported below:

sole proprietorship AMAUTA CIRIACHI based in ROME, in Via

dei Virgulti, 34 – C.F. CRCMTA70R70H501C e P. IVA IT17509211003,

e-mail address info@leformeatelier.com

Art. 4 – Registration on the Site

In order to proceed with the purchase, the Customer must register on the Site by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions.

Once registered, the Client will receive a registration confirmation email in the email address provided by him. Confirmation of registration in the email box provided by him. Confirmation of registration must be made within 5 days at the latest, by clicking on the appropriate link on the confirmation email. After this period, in the absence of confirmation, the Vendor will be released from any commitment to the Client.

In any case, the confirmation shall exempt the Seller from any responsibility for the data provided by the Client. The Client undertakes to promptly inform the Seller of any change in the

previously communicated data.

Alternatively, it will always be possible to proceed with the purchase as a “Guest” without registering on the Site, by filling in all the data requested in the order form on the Check-out page truthfully and completely.

If the Client then communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, the Seller shall have the right not to activate or suspend the service until the relevant deficiencies have been remedied.

On the occasion of the first request for activation of a profile by the Customer, it will be assigned to the same username and password. The latter acknowledges that these identifiers constitute the system for validating the Client’s access to the Services and the only system suitable for identifying the Client, that the acts carried out through such access will be attributed to him and will have binding effect on him.

The Customer undertakes to maintain the secrecy of his data 7. The Customer undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.

Art. 5 – Availability of products

Product availability refers to actual availability at the time the buyer places the order. However, this availability must be considered purely indicative because, as a result of the simultaneous presence of several users on the site, the products could be sold to other customers before theorder is confirmed.

Even after the order confirmation e-mail has been sent, there may be cases of partial or total unavailability of the goods. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to promptly inform the customer by email about any replacement products of equal or higher quality and value, which he may decide to order.

If the Customer requests the cancellation of the order, terminating the contract, the Seller will refund the amount paid within 15 days from the moment the Seller became aware of the Customer’s decision to terminate the contract.

Art. 6 – Product Information Sheet
1. Each product is accompanied by an information page that

illustrates the main characteristics (Product Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the real ones due to the settings of the computer systems or digital media used by the Customer for their display. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use.

Art. 7 – Payment methods and prices
The price of the products indicated on the Site and expressed in €uro will be the one indicated from time to time on the Site, except where there is a clear error.

In the event of an error, the Seller will notify the buyer as soon as possible, allowing the order to be confirmed at the right amount or cancelled. In any case, the Seller will not be obliged to supply what is sold at the lower price incorrectly indicated.

The prices of the site include VAT and do not include shipping costs. Prices are subject to change at any time. Changes do not affect orders for which an order confirmation has already been sent.
Once you have selected the desired products, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details can be changed before

of payment.

The following payment methods are allowed on the Site:

Bank transfer,

PayPal, PayPal in 3 installments,

Credit cards of the most popular circuits: VISA, MasterCard (Cirrus

Maestro), American Express, Maestro, ApplePay, GooglePay.

They may vary and will in any case be indicated in the form on the Check-out page of the Site.

You will only be charged once your payment card details have been verified and the payment card issuer you are using has issued the debit authorisation.

In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may imply the impossibility of finalizing the purchase on the Site.

The confidential data of the payment card (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

You will be charged when you place your order.

If you choose to pay by bank transfer, you will need to proceed within 24 hours to ensure your order is confirmed; If payment is not received within 5 days, the order will be cancelled.

Art. 8 – Delivery of Products
There are no limitations on delivery, except in the cases that may be indicated on the Site and during the Checkout phase.
Delivery in Italy is subject to a fee for orders less than or equal to € 49.00; for larger amounts, delivery is free.

Delivery costs in European Union and non-EU countries are always borne by the buyer and are explicitly highlighted at the time of placing the order.

Delivery is generally made, for the Italian territory, within 5 days, and in any case, within a maximum period of thirty days from the date of confirmation.

In the territories of the European Union, delivery will be made within about 10 days, and in any case, within a maximum period of thirty days. In non-EU territories, delivery will be made within about 10 days, and in any case, within a maximum period of thirty days.

If delivery cannot take place for reasons beyond our control after 30 days from the date on which the order is available for delivery, we will assume that we intend to end the contract.

As a result of the termination of the contract, the amounts will be refunded, excluding delivery costs, within 30 days from the date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the

of the buyer.

Art. 9 – Transfer of risk
The risks relating to the products will pass on to the buyer from the moment of delivery. Ownership of the products is deemed to have been acquired upon receipt of full payment of all amounts due in relation to the same, including shipping costs .

It is the responsibility of the Customer to check the condition of the Product delivered.

It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when the Customer, or a third party designated by the Seller and other than the carrier, takes physical possession of the Product. The Seller recommends that the Customer check the number of Products received and that the packaging is intact, not damaged, nor wet or that the packaging is intact, not damaged, nor wet or in any way altered, even in the closing materials and is invited, in its interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains unaffected.

Art. 10 – Legal warranty
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code (Legal Guarantee).
The Legal Warranty is reserved for consumers, i.e. Customers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

The Seller is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller by means of a formal complaint, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of the 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. Starting from the seventh month following the delivery of the Product, it will be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can certify the date of purchase (e.g. the payment card statement ) and the date of delivery.

In the event of non-conformity, the buyer who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract with respect to the disputed goods and the consequent refund of the price.

In the event of termination of the contract, the Seller will refund to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, in advance

The seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the payment method or solution used by the consumer for the purchase.

All return costs for defective products will be borne by the seller. The Seller is not liable in the event of damage, of any kind, resulting from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

If the Customer has made the purchase as a “professional” pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal warranty provided for by Article 1490 of the Italian Civil Code will apply to your purchase on the Site.

Art. 11: Right of withdrawal

In accordance with the legal provisions in force, the Customer, if he is a consumer, i.e. has made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days (Withdrawal Period) pursuant to Article 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.

It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the Customer, it is in your interest to use a durable medium when notifying the Seller of your withdrawal, by sending any explicit declaration containing the decision to withdraw from the contract. The Customer who intends to exercise the right of withdrawal may also send an email, indicating the order number and name of the user, to: info@leformeatelier.com

In the event of exercising the right of withdrawal, the Customer must deliver the Product to: Amauta Ciriachi, Via dei Virgulti, 34 – ZIP Code: 00172 – CITY: Rome

The product must be returned intact, in the original packaging, complete in all its parts, in perfect working order, accompanied by all accessories and any leaflets, with identification tags, labels and disposable seal, if present,

still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories of the Product.

Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any within a maximum period of 14 days, including any

initial shipping costs to the customer.

As provided for by Article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods.

In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Vendor will notify the user within 5 (working) days of receipt of the Product, rejecting the request for withdrawal. The Product will remain at the Seller for the Customer to collect, which must be at the Seller’s expense and under his responsibility.

You are responsible for the direct costs of returning the Products as well as responsibility for transporting them.
The Customer may not withdraw from the Contract in the event that the purchase concerns tailor-made or clearly personalized Products pursuant to Article 59, letter c) of the Italian Consumer Code (Legislative Decree No. 206/2005).

The site will execute the refund using the same means of payment chosen by the buyer during the purchase phase. In the case of payment made by bank transfer, and if the Customer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

Art. 12 – Liability
The Seller assumes no responsibility for inefficiencies attributable to force majeure or fortuitous circumstances, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the terms

provided for in the contract.

The Seller shall not be liable in the event that the non-fulfilment or inadequate performance of its obligations is attributable to the Client, to the unforeseeable and insurmountable conduct of a third party unrelated to the delivery of the Products or

in the event of unforeseeable, irresistible and external force majeure.

Art. 13 Cookies
1. For information on the use of Cookies, Users must refer to the cookie policy page on the Site.

Art. 14 – Data processing
1. For information on the use of personal data, Users should refer to the privacy policy page on the Site.

Art. 14 – Safeguard clause
1. In the event that one of the clauses of these General Terms and Conditions of Sale is void for any reason, it will not affect the validity and compliance with the other provisions of these General Terms and Conditions of Sale.

Art. 15 – Contacts
1. Any request for information can be sent by email to the following info@leformeatelier.com address and by mail to the following address: Amauta Ciriachi, Via dei Virgulti, 34 – CAP: 00172 – CITY: Rome

Art. 16 – Applicable law and jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Client. Consequently, the interpretation, execution and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law.

Any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the Customer is a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same based on the court of the place of domicile or residence of the same according to the applicable law.

In the case of a professional Customer, any dispute relating to the application, execution and interpretation of this document shall be subject to jurisdiction of the Court where the Seller is based.