Terms of service
GENERAL TERMS AND CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS, LEGAL NATURE AND CONTRACTUAL STRUCTURE
1.1 Purpose of the Terms
These General Terms and Conditions of Sale (hereinafter also the "Terms") govern the offering, promotion, sale and purchase of products under the Semicouture brand (hereinafter the "Products") through the website www.semicouture.it (hereinafter the "Website").
The Terms apply to all purchases made by end-consumer customers and set out, in accordance with the applicable law on consumer protection and distance contracts, the rights and obligations of the parties in relation to the transactions concluded through the Website.
All purchases made through the Website are concluded with the entity identified at checkout as the Merchant of Record ("MOR"), which acts as the sole contractual seller vis-à-vis the Customer.
These Terms also govern the allocation of roles and responsibilities between the MOR and Abraham Industries S.r.l., as owner of the Semicouture brand and manager of the operational activities connected with the marketing of the Products, it being understood that such allocation does not alter or limit the rights granted to the Customer under applicable law.
It is understood that the information provided to the Customer during the checkout process forms an integral part of the sales contract.
1.2 Identification of the contractual seller
For all Orders placed through the Website, the sales contract is concluded exclusively between the Customer and the Merchant of Record identified during the checkout process.
The Merchant of Record:
a) concludes the sales contract with the Customer;
b) acts as the contractual seller of the Products;
c) collects payment of the Final Price;
d) issues the tax documentation required by applicable law;
e) handles the tax obligations connected with the sale;
f) handles, where applicable, customs and import formalities according to the logistics model adopted;
g) manages, directly or through its own agents, the customer support service in relation to each Order and its execution, including requests concerning payments, shipments, deliveries, returns, refunds and, more generally, activities following the conclusion of the Sales Contract, without prejudice to the areas of competence of the Brand set out in these Terms.
The Customer acknowledges that Abraham Industries S.r.l. does not act as contractual seller vis-à-vis the Customer, except as otherwise provided under these Terms and by mandatory statutory provisions.
1.2.1 Information provided at checkout
Before the Order is concluded, the Customer receives clear and comprehensible information regarding: a) the identity of the Merchant of Record; b) the Final Price; c) the applicable tax regime; d) any customs treatment; e) the payment methods; f) the main economic terms of the sale.
The information made available during checkout forms an integral part of the Sales Contract and, in the event of any discrepancy, prevails over the general information contained on the Website.
1.3 Nature of the Website and role of the Brand
The Website is a digital platform through which the Semicouture brand promotes its Products and enables Customers to make purchases concluded with the Merchant of Record.
Abraham Industries S.r.l., as owner of the Brand, carries out, among other things, the following activities:
a) design, development and creation of the Products;
b) management of the product catalogue;
c) preparation of commercial information;
d) management of editorial and promotional content;
e) administration of the Website;
f) coordination of logistics activities;
g) provides Customer support solely for requests that, according to the allocation of responsibilities adopted, fall within its own area of activity, including, by way of example and not limitation: technical information about the Products, assistance relating to the Customer's profile, management of discounts, promotions and commercial initiatives of the Brand, requests requiring specialist input or forwarded by the support service managed by the Merchant of Record;
h) cooperates with the Merchant of Record in managing after-sales activities solely with regard to matters within its own competence.
The performance of such activities does not confer on Abraham Industries S.r.l. the status of contractual seller vis-à-vis the Customer.
1.4 Autonomy of the contractual relationship
Each Order constitutes an independent Sales Contract between the Customer and the Merchant of Record.
The contractual and organisational relationships between Abraham Industries S.r.l. and the Merchant of Record are unrelated to the contractual relationship with the Customer and do not affect the rights granted to the latter under applicable law.
1.5 Applicable law and consumer protection
These Terms must be interpreted in compliance with applicable law on consumer protection, distance contracts, electronic commerce and the sale of goods.
No provision of these Terms may be interpreted as limiting the mandatory rights granted to the Customer by law.
1.6 Contractual language
These Terms are drafted in the Italian language.
Any translations are provided for information purposes only. In the event of any conflict, the Italian version shall prevail, without prejudice to the application of mandatory statutory provisions.
2. DEFINITIONS
For the purposes of these Terms, the terms indicated below have the following meaning:
Website: The website www.semicouture.it and any related section intended for the sale of the Products.
Brand or Trademark: The Semicouture trademark, owned by Abraham Industries S.r.l.
Abraham Industries: Abraham Industries S.r.l., owner of the Semicouture trademark, responsible for the design, production, marketing and operational management of the Website and for the further activities assigned to it under these Terms.
Merchant of Record (MOR): The entity identified during checkout as the contractual seller of the Products, which concludes the Sales Contract with the Customer.
Customer: Any natural person who purchases the Products for purposes unrelated to their trade, business, craft or profession.
Sales Contract: The contract concluded between the Customer and the Merchant of Record for the purchase of the Products.
Order: The purchase proposal submitted by the Customer through the Website.
Order Confirmation: The electronic communication by which the Merchant of Record accepts the Customer's Order.
Final Price: The total amount due from the Customer, as indicated during checkout.
Checkout Disclosure: The set of pre-contractual information provided to the Customer before the conclusion of the Sales Contract.
The definitions must be interpreted consistently with the contractual model provided for in these Terms.
In the event of a conflict between a definition and a specific contractual provision, the latter shall prevail.
Any reference to legislation shall be understood as including subsequent amendments and additions.
3. ALLOCATION OF ROLES AND RESPONSIBILITIES
3.1 General principle
The Website's business model provides for a functional distinction between:
- the Merchant of Record, as contractual seller of the Products;
- Abraham Industries S.r.l., as owner of the Brand and responsible for the operational, commercial and production activities connected with the Products;
- any providers of logistics, technology and payment services.
The allocation of the respective functions serves solely organisational purposes and does not limit the mandatory rights granted to the Customer.
3.2 Role of the Merchant of Record
The Merchant of Record acts as the sole contractual seller vis-à-vis the Customer.
In particular, the Merchant of Record carries out the following activities: a) concludes the Sales Contract; b) receives payment of the Final Price; c) issues the tax documentation required by applicable law; d) handles the tax obligations connected with the sale; e) handles, where applicable, the customs formalities relating to the import of the Products; f) manages support requests relating to Orders and their execution, including, by way of example, those concerning shipments, deliveries, returns, replacements and refunds, without prejudice to the areas of competence assigned to Abraham Industries S.r.l. under these Terms; g) fulfils the obligations that the law assigns to the seller vis-à-vis the Customer.
3.3 Role of Abraham Industries S.r.l.
Abraham Industries S.r.l., as owner of the Semicouture trademark, remains responsible for the activities within its own competence, as indicated below:
(a) Product
1) design;
2) development;
3) production;
4) quality control;
5) regulatory compliance of the Products;
6) Product safety.
(b) Commercial information
1) Product descriptions;
2) images;
3) editorial content;
4) commercial communications;
5) catalogue management.
(c) Logistics
1) warehouse management;
2) Order preparation;
3) coordination of shipments;
4) relations with logistics partners.
(d) Customer Care
1) pre-sales assistance relating to the Products and the Brand's commercial information;
2) specialist support to the Merchant of Record in relation to Customer requests requiring further insight into the Products or other matters within the Brand's competence;
3) handling of requests concerning the Customer's profile, promotional initiatives, discounts and any purchase-support services offered by the Brand;
4) cooperation with the Merchant of Record in managing after-sales requests solely for matters within the competence of Abraham Industries S.r.l.
3.4 Allocation of responsibilities
The Customer acknowledges that the Merchant of Record and Abraham Industries S.r.l. work in close cooperation in carrying out the activities connected with the sale of the Products.
The activities carried out by Abraham Industries S.r.l. on behalf of or in support of the Merchant of Record do not alter the Merchant of Record's status as contractual seller, nor do they result in Abraham Industries S.r.l. assuming the obligations that the law assigns to the seller, except as provided by mandatory statutory provisions.
3.5 Mandatory liability
It is understood that no provision of these Terms may be interpreted as limiting or excluding the liability of the Merchant of Record as contractual seller, the liability of Abraham Industries S.r.l. as producer, manufacturer, trademark owner or party responsible for placing the Products on the market, within the limits provided by applicable law, or the mandatory rights granted to the Customer by law.
4. PRE-CONTRACTUAL INFORMATION AND CHECKOUT
4.1 Pre-contractual information
Before the conclusion of the Order, the Customer receives, clearly, comprehensibly and in accordance with applicable law, all pre-contractual information relating to the Products, the Sales Contract, the Merchant of Record, the Final Price, the payment and delivery methods, the exercise of the right of withdrawal and the other elements required by law.
The information made available during the purchase process forms an integral part of the Sales Contract.
4.2 Purchase procedure
To make a purchase, the Customer selects the desired Products and adds them to the electronic cart.
Before submitting the Order, the Customer may review and modify the information entered, correct any material errors and review the purchase summary.
Submission of the Order entails acceptance of these Terms.
4.3 Conclusion of the contract
The Sales Contract is deemed concluded when the Customer receives the Order Confirmation sent by the Merchant of Record to the e-mail address provided during the purchase process.
The Order Confirmation constitutes acceptance of the purchase proposal made by the Customer.
4.4 Identification of the Merchant of Record
Before the conclusion of the Order, the Customer is informed of the identity of the Merchant of Record who will act as contractual seller for the transaction.
This information is made available during checkout and forms an integral part of the Sales Contract.
4.5 Correction of errors
Before final confirmation of the Order, the Customer has the tools necessary to identify and correct any errors in the data entered in connection with the purchase.
After the Order has been submitted, any changes may only be made within the limits allowed by the processing status of the Order.
4.6 Transparency of information
The Website provides the Customer with all the information necessary to make an informed purchase decision. In particular, the Customer is placed in a position to know: the essential characteristics of the Products, the Final Price, the payment methods; the shipping costs, the delivery times, the conditions applicable to the right of withdrawal, and the identity of the Merchant of Record.
4.7 Retention of documentation
The Merchant of Record retains electronic evidence of the Order, the Order Confirmation and the contractual information, in compliance with applicable law.
5. PRODUCTS AND COMMERCIAL INFORMATION
5.1 Product information
The information relating to the Products published on the Website includes, by way of example: descriptions, composition, materials, images, characteristics, instructions for use, and availability.
This information is prepared by the Brand and is intended to give the Customer a clear and complete representation of the Products.
The information confirmed at checkout and in the Order Confirmation prevails in the event of any discrepancy.
5.2 Responsibility for commercial information
Abraham Industries S.r.l. is responsible for preparing and updating the commercial information relating to the Products and undertakes to ensure that it is accurate, truthful and compliant with applicable law.
Any material errors do not prejudice the rights granted to the Customer by law.
5.3 Role of the Merchant of Record
The Merchant of Record concludes the Sales Contract on the basis of the commercial information prepared by the Brand.
The Merchant of Record is not responsible for the design of the Products nor for the preparation of the related technical or commercial information, except as provided by mandatory law applicable to the seller.
5.4 Images and representations
The images of the Products are for illustrative purposes only.
Although every reasonable measure is taken to ensure that the representation of the Products is faithful, differences may occur due, among other things, to the settings of the devices used, the colour rendering of screens, the natural characteristics of the materials, and normal production tolerances.
Such differences do not constitute a lack of conformity where they do not affect the essential characteristics of the Products.
5.5 Availability of Products
The availability of Products indicated on the Website is updated with reasonable frequency but cannot be considered real-time.
Should a Product become unavailable after the Order has been submitted, the Customer will be informed promptly and the Order may be cancelled, subject to a refund. Where possible, an alternative solution may be proposed.
5.6 Conformity of Products
Abraham Industries S.r.l. guarantees that the Products placed on the market comply with applicable safety and conformity legislation.
The Customer's rights vis-à-vis the Merchant of Record arising from the statutory guarantee of conformity provided for by applicable law remain unaffected.
5.7 Mandatory provisions
No provision of this article limits the Customer's mandatory rights, the liability of the Merchant of Record as seller, or the liability of Abraham Industries S.r.l. as producer, trademark owner or party responsible for placing the Products on the market.
6. PRICES
6.1 Prices
The prices of the Products are indicated in the currency applicable to the country of destination.
The Final Price displayed at checkout represents the total amount due from the Customer.
6.2 Final Price
The Final Price includes all amounts due from the Customer as indicated during checkout.
The Final Price constitutes the binding contractual consideration once the Sales Contract has been concluded.
6.3 Composition of the Final Price
The Final Price may include: the price of the Products, VAT or equivalent taxes, any duties, import charges, shipping costs, and other mandatory charges that may apply.
The composition of the Final Price is always communicated before the Order is concluded.
6.4 Transparency
The Customer is not required to bear any costs in addition to the Final Price, except those required by mandatory statutory provisions or clearly communicated before the Order is concluded.
6.5 Tax regime
The applicable tax regime depends on the country of destination and on the operating model adopted by the Merchant of Record. The relevant information is made available during checkout.
6.6 Promotions
Promotions and discounts are valid only for the period indicated and do not apply retroactively to Orders already concluded.
6.7 Pricing errors
In the presence of an obvious and identifiable material error in the price shown on the Website, the Merchant of Record may cancel the Order, promptly notifying the Customer and refunding any amounts already paid.
6.8 Precedence of checkout
In the event of a discrepancy between the information shown on the Website and that displayed during checkout, the latter shall prevail.
7. TAXES, DUTIES AND IMPORTATION
7.1 General principles
The tax and customs treatment applicable to the purchase depends on the country of destination and on the logistics model adopted by the Merchant of Record.
The Customer receives during checkout all the information relating to taxes, VAT, duties and any other applicable charges.
7.2 Tax and customs management
The Merchant of Record handles, directly or through appointed parties, the tax and customs formalities connected with the sale to the extent provided by applicable law and according to the logistics model used.
Where applicable, the Final Price includes taxes, duties and other import charges.
7.3 Import regimes
Depending on the country of destination, the Merchant of Record may use different logistics and customs models, including DDP, DAP or other models permitted by applicable law.
The relevant information is communicated to the Customer during checkout.
7.4 Customer cooperation
The Customer undertakes to provide complete and accurate data necessary for carrying out the tax, customs and delivery formalities.
Any delays or costs arising from inaccurate or incomplete information provided by the Customer shall remain the Customer's responsibility, to the extent permitted by law.
7.5 Precedence of checkout information
The tax and customs information communicated during checkout forms an integral part of the Sales Contract and prevails over any general information that may be present on the Website.
8. PAYMENT
8.1 General principles
Payment of the Final Price is a necessary condition for the processing of the Order.
The payment obligation arises upon confirmation of the Order.
8.2 Payment methods
Payment may be made using the payment methods available on the Website at the time of purchase.
All payments are collected by the Merchant of Record or by parties authorised by it.
The Customer acknowledges that the recipient of the payment may differ from the Brand.
8.3 Payment authorisation
The amount of the Order may be subject to pre-authorisation or debit according to the technical procedures of the selected payment system.
If the Order is not accepted, any blocked amounts will be released or refunded according to the timeframes of the payment networks.
8.4 Security
Transactions are managed through payment providers compliant with applicable security standards.
The Website does not retain the Customer's payment instrument data in full.
8.5 Tax documentation
The invoice or other tax documentation relating to the sale is issued by the Merchant of Record as contractual seller, in accordance with applicable law.
8.6 Non-payment
If payment is not authorised or is unsuccessful, the Order may be suspended or cancelled.
In such case, the Sales Contract shall not be deemed concluded and the Merchant of Record shall not be required to deliver the Products.
8.7 Precedence of checkout information
The financial terms displayed during checkout form an integral part of the Sales Contract and prevail over any general information that may be present on the Website.
9. SHIPPING AND DELIVERY
9.1 Structure of the logistics model and parties involved
The shipping and delivery of the Products take place within an operating model in which:
- the Merchant of Record ("MOR") is the party that concludes the sales contract with the Customer and is the contractual seller of the transaction;
- Abraham Industries S.r.l., as owner of the Semicouture trademark, carries out operational activities relating to warehouse management, the preparation, packaging and fulfilment of Orders, as well as logistics coordination;
- third-party carriers and logistics operators are responsible for final delivery to the Customer.
The Customer acknowledges that the contract of carriage is generally concluded with the appointed logistics carrier.
9.2 Order fulfilment procedures
Order fulfilment includes, by way of example and not limitation: picking the Products from the warehouse, checking availability and logistical conformity, packing and packaging, preparing shipping documentation, and handing over the goods to the appointed logistics carrier.
These activities are carried out by Abraham Industries S.r.l. directly or through appointed third parties, as part of the operational performance of the sales contract concluded by the MOR with the Customer.
9.3 Delivery times
The delivery times indicated on the Website or at checkout are to be understood as indicative, non-binding estimates, except where otherwise provided by binding provisions and applicable mandatory law.
Delivery times may vary depending on the geographic destination, the availability of logistics carriers, customs procedures and clearance times, seasonal or extraordinary operating conditions, force majeure events or circumstances beyond the Parties' control.
Delays not attributable to wilful misconduct or gross negligence of the MOR or of Abraham Industries S.r.l. do not give rise to any compensation beyond that provided for by applicable law.
9.4 Delivery and Customer obligations
Delivery is deemed completed when the Product is made available to the Customer at the address indicated in the Order or delivered to a person authorised to receive it.
The Customer undertakes to provide a complete, correct and up-to-date delivery address, to ensure their own availability or that of a person authorised to receive the goods, and to cooperate with the carrier for any operating instructions necessary for delivery.
Failure to comply with such obligations may result in delays, storage, additional costs or impossibility of delivery.
9.5 Transfer of risk
The risk of loss or damage to the Products passes to the Customer upon physical delivery of the Products.
It is understood that the transfer of risk takes place in compliance with the mandatory consumer-protection rules applicable in the Customer's country of residence.
9.6 Failed delivery, storage and return to sender
In the event of the recipient's absence, an incorrect or incomplete address, unjustified refusal of delivery, or failure to collect the goods from a storage point, the shipment may be returned, re-shipped or handled according to the logistics carrier's procedures.
Any additional costs for handling or re-shipping may be charged to the Customer to the extent permitted by law.
9.7 Inspection on delivery and damage
Upon delivery, the Customer is invited to check the condition of the packaging and of the Products received.
In the event of damaged packaging, suspected tampering or evident non-conformities, the Customer may accept delivery with reservations or refuse delivery in accordance with the carrier's procedures.
9.8 Limitations of liability
To the extent permitted by applicable law, the MOR is not liable for delays attributable to logistics carriers, nor for delays or impossibility of delivery arising from force majeure or unforeseeable events.
This is without prejudice to any mandatory right provided by mandatory consumer-protection law.
9.9 Precedence of checkout information
The specific shipping and delivery terms communicated to the Customer at checkout form an integral part of the Sales Contract, prevail over any general information present on the Website, and are binding for the purposes of delivery.
10. RETURNS
10.1 General principle and applicable sources
The right of withdrawal and the conditions for returns are governed by applicable mandatory law, by these Terms and by the information provided to the Customer at checkout.
In the event of conflict, mandatory law prevails.
10.2 Exercise of the right of withdrawal
Where provided by applicable law, the Customer may withdraw from the contract within the statutory period running from receipt of the Products.
Withdrawal must be communicated in accordance with the methods indicated on the Website or in the Order documentation.
10.3 Conditions for returning Products
Products must be returned intact and unused, complete with labels, accessories and original packaging, and must not have been washed, altered or damaged.
10.4 Operational management of returns
Returns are managed through the Merchant of Record, as contractual seller, which handles the administrative and financial aspects of the refund.
Abraham Industries S.r.l. carries out operational activities relating to receipt of the Products, quality control and conformity checks.
10.5 Return methods
The return may take place through organised collection, independent shipment by the Customer, or other methods indicated in the operating instructions. Unless otherwise provided by law, the return shipping costs may be borne by the Customer.
10.6 Return inspection
Abraham Industries S.r.l. verifies the conformity of the Product received, in particular: the integrity of the Product, the presence of labels and accessories, the absence of use or damage, and correspondence with the Order.
10.7 Refusal of the return
The return may be refused if the Product does not comply with the return conditions, shows signs of use, is incomplete, or the operating instructions have not been followed.
10.8 Precedence of return instructions
The operating instructions for returns form an integral part of the procedure and must be strictly observed by the Customer.
10.9 Mandatory consumer rights
All mandatory rights provided for by applicable law, including those afforded to consumers, remain unaffected.
11. REFUNDS
11.1 Party responsible for the refund
Refunds are made by the Merchant of Record, as the Customer's contractual seller.
Abraham Industries S.r.l. contributes solely to the operational checks necessary to enable the refund to be processed.
11.2 Refund conditions
The refund is, in any case, subject to a positive outcome of the return inspection, the existence of a valid legal ground, and compliance with the applicable procedures.
11.3 Refundable amounts
The refund may include the price of the Products, applicable taxes, and any import charges, where included.
11.4 Refund method
The refund is made using the same payment method used for the purchase, unless technical obstacles arise, in which case the Customer may be asked to provide details of a different payment method.
11.5 Timing
The refund is made within a reasonable time from verification of the right to a refund.
11.6 Reductions and deductions
The refund may be reduced in the cases provided for by law, including any decrease in the value of the Product.
11.7 Cancellation of the Order
In the event of cancellation, any amounts paid are refunded in full.
11.8 Precedence of mandatory law
In the event of conflict with the scope of mandatory provisions, mandatory provisions prevail.
12. CUSTOMER SERVICE
12.1 Structure of the service
Customer service relating to Orders and their execution is managed by the Merchant of Record. Abraham Industries S.r.l. provides support to the Merchant of Record solely with respect to requests concerning matters within its own competence, as governed by these Terms.
12.2 Brand's areas of competence
Abraham Industries S.r.l. provides assistance solely for requests concerning:
a) technical and commercial information relating to the Products;
b) the Customer's profile;
c) discounts, promotional initiatives and any further commercial services offered by the Brand;
d) requests requiring specialist input or forwarded by the Merchant of Record as falling within the Brand's competence.
12.3 MOR's areas of competence
The Merchant of Record handles all requests relating to Orders and their execution, including, by way of example: a) payments; b) confirmation and execution of Orders; c) shipments and deliveries; d) returns, replacements and refunds; e) invoicing and tax documentation; f) tax and customs formalities; g) disputes relating to the Sales Contract, without prejudice to matters within the Brand's competence.
12.4 Contact methods
Requests are handled through the channels indicated on the Website and directed to the relevant competent party. Customer requests are forwarded through the channels indicated on the Website and are handled by the Merchant of Record or by Abraham Industries S.r.l., according to the allocation of competence set out in these Terms.
12.5 Limits of the service
Customer service may not modify the terms of the Terms, nor the Customer's rights.
12.6 Cooperation between the parties
The Parties cooperate with each other in order to ensure efficient handling of Customer requests, in compliance with the allocation of their respective areas of competence set out in these Terms and with applicable law, including that concerning the protection of personal data.
12.7 Contractual precedence
In the event of conflict, the contract and mandatory law shall prevail.
13. STATUTORY GUARANTEES AND PRODUCT LIABILITY
13.1 Customer's rights
All mandatory rights provided for the protection of the consumer remain unaffected.
13.2 Statutory guarantee
The Products are covered by the statutory guarantee of conformity in accordance with applicable law, including consumer-protection rules. The Customer may assert the rights arising from the statutory guarantee directly against the Merchant of Record.
13.3 Roles and responsibilities
The Merchant of Record is the contractual seller and directly responsible for the obligations arising from the sales contract vis-à-vis the Customer.
Abraham Industries is responsible for design and production, quality and safety, regulatory compliance of the Products, commercial information, and the management of recalls and corrective actions.
13.4 Defective Products
In the event of defects, the Customer may pursue the remedies provided by law.
13.5 Recalls
The Customer shall cooperate in the event of safety measures or a recall.
13.6 Exclusions
The guarantee does not cover improper use, normal wear and tear, or unauthorised modifications.
13.7 Mandatory nature
The safety and conformity obligations are mandatory and may not be limited by contract.
14. INTELLECTUAL AND INDUSTRIAL PROPERTY
14.1 Ownership of rights
All intellectual and industrial property rights relating to the Website, the Products, the trademarks and all related content belong exclusively to Abraham Industries S.r.l., to the companies of its group and/or to duly authorised parties.
Such rights include, by way of example: trademarks, logos, trade names, designs, models, editorial content, images, photographs, videos, catalogues, texts, software, the Website's layout and any other protected content.
All rights are reserved and are subject to specific protection by their legitimate owners.
14.2 No transfer of rights
The purchase of the Products does not entail any transfer of the related intellectual or industrial property rights.
The Customer acquires solely the right to personal, non-commercial use of the Product, within the limits of its intended use.
14.3 Trademarks and distinctive signs
All trademarks and distinctive signs present on the Website and on the Products and their packaging are protected by applicable law and may not be used without authorisation.
14.4 Customer content
The Customer who submits content and information to the Website warrants that they hold the necessary rights and grants the seller a non-exclusive, royalty-free, worldwide licence to use such content in connection with its business activity, in compliance with applicable privacy law.
14.5 Use of distinctive signs by the MOR
The Merchant of Record ("MOR"), as sole seller of the Products, may use the Brand's distinctive signs solely for purposes connected with the sale, promotion and management of Orders.
14.6 Protection of rights
The rights holder reserves all actions to protect its intellectual and industrial property.
15. PROTECTION OF PERSONAL DATA
15.1 General principles
Personal data is processed pursuant to Regulation (EU) 2016/679 ("GDPR") and all further applicable provisions concerning sensitive data and privacy.
Data is processed for purposes of managing Orders, performing the sales contract, complying with legal and tax obligations, and providing customer support and related services.
15.2 Parties processing the data
Data may be processed by: the MOR (as seller), Abraham Industries S.r.l., logistics providers, payment providers, IT providers and other parties necessarily involved in specific stages connected with the performance of the contract.
15.3 Privacy roles
The Merchant of Record is responsible for managing the sale and the related data necessary for the performance of the contract.
Abraham Industries S.r.l. processes personal data for purposes within its own competence, as an autonomous data controller where provided by applicable law.
15.4 Data disclosure
Data may be shared among the parties involved in the Order fulfilment chain to the extent necessary and dictated by their respective areas of competence.
15.5 International transfers
Any transfers outside the EEA take place in compliance with the safeguards provided for by Regulation (EU) 2016/679 ("GDPR") and, in any case, by applicable law on the management of sensitive data and privacy.
15.6 Privacy notices
The full privacy notices are available on the Website and form an integral part of the contract.
15.7 Rights of the data subject
The Customer may exercise all the rights provided for by Regulation (EU) 2016/679 ("GDPR") and/or, in any case, by applicable law on the management of sensitive data and privacy.
15.8 Autonomy of obligations
Each party remains independently responsible for compliance with Regulation (EU) 2016/679 ("GDPR") and/or, in any case, with applicable law on the management of sensitive data and privacy.
16. APPLICABLE LAW AND DISPUTES
16.1 Applicable law
The Sales Contract is governed by the applicable law as indicated by the Merchant of Record, as sole seller.
The mandatory rules of the Customer's country of residence, as a consumer, remain in any case unaffected and applicable.
16.2 Consumer rights
The Customer's mandatory rights remain, in any case, always unaffected and unprejudiced.
16.3 Amicable settlement
The Customer may contact customer service to attempt an amicable settlement of disputes.
16.4 ADR
The Customer may access alternative dispute resolution mechanisms, where provided.
16.5 Competent court
The mandatory rules protecting the consumer with regard to jurisdiction shall apply.
16.6 Seller's liability
All contractual liability towards the Customer is attributed to the Merchant of Record as seller.
16.7 Further rights
All the Customer's rights otherwise provided by law remain unaffected.
17. AVAILABILITY OF THE WEBSITE
The Website is provided to enable the sale of the Products.
Continuous, real-time availability of Products on the Website is not guaranteed, including in relation to transaction processing times.
The MOR is not liable for any temporary technical malfunctions that are not reasonably within its control.
18. FORCE MAJEURE
The MOR is not liable for delays or non-performance due to force majeure events, including natural, health, war-related, logistics or IT events, or circumstances imposed by applicable law or regulatory provisions.
In such cases, the MOR shall take reasonable measures to limit the effects of the event.
This is in any case without prejudice to the scope of mandatory provisions for the protection of the consumer.
19. PARTIAL INVALIDITY
The invalidity of any clause does not affect the validity of the remaining provisions.
Invalid clauses shall be replaced by valid provisions in accordance with the law.
20. ASSIGNMENT OF THE CONTRACT
The MOR may engage third parties or assign the management of contractual relationships, in any case ensuring compliance with the consumer's rights.
The Customer retains all rights arising from the contract and/or, in any case, from mandatory statutory provisions, including those provided for the protection of the consumer.
21. SAFEGUARD CLAUSE
These Terms must be interpreted in compliance with the mandatory rules protecting the consumer.
No clause may limit the Customer's mandatory rights or statutory obligations.
In the event of conflict, applicable mandatory law shall always prevail.
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UPDATES
These Terms and Conditions were last updated on 26 May 2026 and supersede any previous version. Abraham Industries S.r.l. reserves the right to amend them at any time; any changes will be published on this page indicating the new update date.