Terms and Conditions of Deco Studio

Users of the Services offered by Deco Studio acknowledge and accept these terms and conditions.

Owner of Deco Studio and related Services

DECO STUDIO di Ennio Orsini
Via Aragona, 23
67039 - Sulmona (AQ)
VAT Number: 01650490665
Chamber of Commerce of L'Aquila
info@ennioorsini.com

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing Deco Studio. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on you and us once you have accepted the terms. For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. ”Deco Studio”, “we,” “our,” “us” and similar terms refer to the corporation that owns and manages Deco Studio as outlined in the present document. “Deco Studio” refers to this site and its Services. "Services" mean the features and functionality that you can use through Deco Studio. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the end of the Agreement.

Acceptance of this Agreement

In order to use Deco Studio, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Information about Deco Studio

Deco Studio stems from the experience of its founder, Ennio Orsini, in the field of aesthetics. The Site provides extensive information about permanent make-up, tricopigmentation and dermopigmentation. In addition, purchases can be made of related products and services - books and e-books, video-tutorial, dvd, etc. Where interested, Users can contact Ennio Orsini and his organisation in order to inquire for further information and book an appointment.

Registration, content on Deco Studio and prohibited use of Deco Studio

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Deco Studio or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.

The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

  • User has violated this Agreement; and/or
  • User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
  • the use of Deco Studio by the User may result in violation of law or regulations; and/or
  • in case of an investigation by legal action or governmental involvement; and/or
  • the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through Deco Studio, that they upload and post on or through Deco Studio, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not operate any kind of moderation on the content published by the User or by third parties, but may decide to suspend or interrupt the visualisation of said content in the event that:

  • other Users file complaints;
  • a notice of infringement of intellectual property rights is received;
  • it is decided to do so in view of, or as a result of, legal actions;
  • said action is solicited by a public authority; or
  • if it is believed that the content, while being accessible via Deco Studio, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Deco Studio.

By submitting, posting or displaying content on or through Deco Studio, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Deco Studio. The Owner is not responsible for the content provided by third parties or for its availability.

Services provided by third parties

Users may use third-party services or content included in Deco Studio, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Deco Studio or any portion of it;
  • circumvent any technology used by Deco Studio or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Deco Studio;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Deco Studio or its content;
  • rent, lease or sublicense Deco Studio;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • misappropriate any account in use by another User;
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Deco Studio in any way;
  • use Deco Studio in any other improper manner that violates the Terms.

Terms and conditions of sale

Purchase

Scope of the rules regarding the purchasing process

The present section governs the usage of Deco Studio’s e-commerce platform and shall refer solely to those goods and services which are available for online purchase.

Users interested in other products by Deco Studio which are not available through the e-commerce platform, are invited to contact the organisation directly and arrange any agreements with it. For further information concerning this profile you can read the section “Booking of services not available online”.

Purchasing process

User must select the desired products and complete the check-out only after having carefully verified the information contained in the order summary. The sending of any order constitutes a legally binding offer for the purchase of the products under the law.

Orders are subject to availability and to the Owner’s discretionary acceptance. The Owner reserves the right to refuse an order by notifying the User immediately at their email address of the unavailability of one or more of the products purchased. The Owner confirms the reception of the Order through a confirmation email to the address given by the User. Confirmation of reception of the Order does not constitute acceptance of the order.

The contract shall be concluded when the Owner provides his confirmation and the User pays the amount due, including price, tax and delivery expenses listed on the Order Summary Form.

Methods of payment

Deco Studio uses third-party tools for its payment processing and is not connected with any of the provided payment information — such as the credit card — in any way.

Any declined payment costs shall be borne by the User.

Availability of products

Prices, descriptions or availability of the products on display are subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the product.
The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by Deco Studio in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on Deco Studio may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.

Order Completion

The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.

Delivery

Delivery

Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.

Right of withdrawal and guarantee

Right of withdrawal

For any purchase of products or services through Deco Studio the User has the right to terminate the contract without specifying the reason, within 14 days.
The cancellation period expires after 14 days from the day on which:

  • the User or a third party – other than the carrier and designated by the User – takes physical possession of the product, if such products have been delivered with a single delivery;
  • the User or a third party – other than the carrier and designated by the User – takes physical possession of the last product, if the User bought, with a single order, several products which have been delivered with separate deliveries;
  • the User or a third party – other than the carrier and designated by the User – takes physical possession of the last lot or piece of the product, if the delivery consists of a good made up of lots or multiple pieces;
  • the User or a third party – other than the carrier and designated by the User – takes physical possession of the first of successive goods where the delivery is undertaken on a periodical basis.

In the case of the purchase of services, or digital content which is not supplied on a tangible medium, the right of withdrawal must be exercised within 14 days from the date of conclusion of the Contract.

If the Users decide to exercise the right of withdrawal, they must declare their intent to do so to the Owner by sending a notice to the contact details indicated in the present document. The User shall return the goods within 14 days from the date of the communication.

Effects of withdrawal

In the case of the purchase of goods, Users who withdraw from the contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery offered, which would have incurred lower delivery costs) without undue delay and in any event not later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw.

In the case of the purchase of services, Users who withdraw from the contract will be reimbursed by the Owner for all payments made to the Owner without undue delay and in any event not later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw.

In every case, reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the parties have expressly agreed otherwise.

Limitations on the right of withdrawal

The User shall only be responsible for the loss of value resulting from a usage of the good, which is disproportionate with regard to the necessity of establishing the good’s nature, characteristics and functioning. Reimbursement is excluded when the loss of value is total.

The User acknowledges and accepts that some exceptions to the right of withdrawal are set out by the law. In particular, the right of withdrawal shall not apply in the following cases:

  • goods which are sealed, clearly personalised or liable to deteriorate and/or expire rapidly, even when, by their nature, or by means of other causes, they result irreversibly merged with other goods;
  • digital products (audio and video recording, software, etc.) supplied on a tangible medium (cd, dvd, etc.) whose packaging is opened and/or its seals removed; newspapers, periodicals and magazines;
  • goods and/or services whose price is dependent on financial market fluctuations;
  • services which have been entirely provided, or digital products (e-book, software, etc.) provided on immaterial support (for example, through the internet), if, in both cases, the execution of the contract has already started with the express consent of the customer and with their express renunciation to the right of withdrawal;
  • contracts by which the customer has expressly requested the intervention of a professional for the execution of urgent repairs or maintenance work, following the professional’s complete execution of the contract;
  • when providing housing solutions for non residential purposes, transportation of goods, car renting services, catering services or services related to leisure activities when the contract explicitly provide a fixed date or period of time for the execution;
  • contracts concluded on occasion of a public auction.

As a consequence thereof, should one of the abovementioned exceptions apply, the User shall not be able to exercise their right to withdrawal and no reimbursement will take place.

Applicability of the right of withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Guarantee

The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.

To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:

  • If repair and replacement are impossible or prohibitively expensive;
  • If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
  • Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.

The User is obliged to return the defective products.

Booking of services not available online

Deco Studio provides some services which are not available for online purchase within the e-commerce portal.
User can find information concerning the nature of such services directly by visiting the Site of the Owner. If interested, the User may enquire further by using the relevant contact modules. Deco Studio will then contact the User and provide full information regarding conditions and terms of the sale.
User acknowledges and accepts that the purchase of such services implies a direct contact with the business entities of Ennio Orsini and takes place outside the e-commerce platform of Deco Studio.

Indemnification and limitation of liability

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Limitations of liability

Deco Studio and all functions accessible through Deco Studio are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Deco Studio and functions accessible through Deco Studio are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Deco Studio. Therefore, the Owner shall not be liable for:

  • any losses that are not a direct consequence of the breach of the Agreement by the Owner;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of Deco Studio due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
  • incorrect or unsuitable use of Deco Studio by Users or third parties.

Miscellaneous

Service interruption

To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Deco Studio.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Deco Studio and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of Deco Studio which is hereby considered to be part of these Terms.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Deco Studio are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Deco Studio are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Deco Studio.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Deco Studio.

Users who continue to use Deco Studio after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to Deco Studio must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Authoritative version of these legal documents

These Terms have been written and reviewed in the Italian language. Any translations into any language other than Italian are to be considered mere translations. In case of any discrepancy or inconsistency, the Italian language text shall prevail in any event.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Dispute resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.

Definitions and legal references

Service

The service provided by Deco Studio as described in these Terms and in Deco Studio.

User

Any user of the Service, whether a human being or legal entity.

Terms and Conditions (or Terms)

These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

Order Processing Receipt

Indicates the email that the Owner sends upon receipt of the order.

Order Confirmation

Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.

Example withdrawal form

Addressed to:

DECO STUDIO di Ennio Orsini
Via Aragona, 23
67039 - Sulmona (AQ)
VAT Number: 01650490665
Chamber of Commerce of L'Aquila
info@ennioorsini.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date: _____________________________________________

(sign if this form is notified on paper)

Latest update: September 01, 2017

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