4) Restrictions on Use:

As long as the Terms are complied with, the Owner grants the User the right to access and use its Services. In particular, this activity does not include for the Consumer any right of resale or commercial use of any of the Services offered or their contents, nor the right to collect and use lists, descriptions or products prices, or make any unauthorised use of the Services or their contents, nor make any kind of downloading or copying of account information for the benefit of any third party or use data mining, robots or similar data acquisition and extraction devices.

As for the non-consumer Recipient, he/she may be entitled to make use of the foregoing, provided that this is the subject of an independent agreement with the Owner.

All rights not expressly conferred by these Terms shall remain with the Owner.

Without prejudice to the rights of the non-consumer Recipient, expressly agreed in autonomous agreements with the Owner, it is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial purpose the Services in whole or in part. You may not frame or use framing techniques to misappropriate any trademark, logo, or other information (including images, text, page settings, or format) of Hanga S.r.l., on its own behalf and as a licensee of the Feyon trademark. You may not use any meta tags or any other "hidden text" using the name or trademarks of Hanga S.r.l., itself and as a licensee of the Feyon trademark. You may only use the Services to the extent permitted by law and these Terms.

5) First Access and Registration on the website:

When the Application is opened a 'Bot' (short form of 'robot'), which acts as a virtual assistant, will appear on the homepage. You can make use of its functionality by clicking on the 'chat' button. At the click, a communication window will open, through which it will also be possible to interface with the Owner. 

The Bot is designed to answer simple questions, especially those concerning tracing the shipment of purchased items. By way of example, and without any limitation, by entering a question such as "Where is my order?", the Bot will provide information on the current location of the parcel. 

Among the functionalities of the virtual assistant (Bot) is that of accepting photos uploaded by the User. In particular after receiving an item, if you would like to share a picture of it, or if you find any defect - whether of the packaging or the product - you can upload a picture via chat. The virtual assistant will receive this image and will be able to provide immediate assistance, or forward it to the Owner in order to obtain further support. 

In summary, the Bot operates as an automatic assistant that facilitates the obtaining of quick information and enables the sending of visual feedback through the Application. You are specifically warned that the virtual assistant (Bot) may collect Personal Data, if entered by the User. For further information regarding the processing of the latter, the User is invited to read the following Privacy Policy: https://feyonjewels.com/policies/privacy-policy

In order to make use of the Application's functionalities (which are different from those of the Bot), the User must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (available at the following link: https://feyonjewels.com/policies/privacy-policy) and the Conditions.

In particular, the User must enter his/her address, which will be considered as the main place of dispatch unless the User changes it when placing the Order/Purchase.

The User shall be responsible for safeguarding their access credentials, which must be used exclusively by them and may not be transferred to Third Parties. The User undertakes to keep them secret and to ensure that no Third Party has access to them. The User undertakes as well to immediately inform the Owner if he suspects or becomes aware of any misuse or improper disclosure of them. 

The User guarantees that the personal information provided during the registration procedure is complete and truthful. The User agrees to hold the Owner harmless and indemnified from any damage, indemnity obligation and/or sanction arising from or in any way connected to the violation by the User of the rules on registration to the Application or on the preservation of registration credentials.

6) Details concerning Products and Services:

In accordance with its corporate purpose, the Owner also markets through electronic and computerised sales channels (e-commerce) jewellery products designed by them (design and

styling), using various materials for their production, including (without derogating with the specification to the generality) gold, silver, metal, precious and semi-precious stones, as well as epoxy resin and leather. The Owner also designs and markets, again in the above-mentioned fields, products for mass consumption, more specifically unique pieces or products in small quantities. Apart from designing, styling and commercialising, the Owner also operates through electronic and computerised sales channels (e-commerce), which sell various fashion accessories such as, by way of example and without any limitation, jewellery, bags, fashion accessories, clothing components, fabrics, leather goods, etc;

In accordance with the above-mentioned description of the activity and services offered by the Owner, the latter, aligning himself and complying with the applicable regulations, offers a detailed description of the products available on the Application (including prices, taxes and shipping costs).

Specifically, the Owner has prepared a document that can be consulted at the following link: https://docs.google.com/spreadsheets/d/1iVLjD73_PiSnWeMvm74QKDa168suqxN8Qj5NUPGrhkM/edit?usp=sharing which is structured as follows: product code, commercial name of the product, its technical description, composition and/or plating, price, reference product category, sizes (link: https://drive.google.com/file/d/1YgmLGUpCtqa-S5TvTBB14lS4Zk8j8jXs/view?usp=sharing) as well as the collection to which it belongs. The Owner undertakes to provide product images as faithful as possible to reality. After receiving the User's order of the goods offered on its e-commerce site, the Owner shall send the User an e-mail confirmation containing the details of the order: https://feyonjewels.com/.

The carrier GLS will subsequently send an e-mail, or an SMS message (if the telephone number was provided during registration) to the User with the "flex delivery" link. The link will contain a summary of the placed order, including the shipping address indicated during registration and/or purchase. The User will thus be able to check the shipping status accessing via this link ("flex delivery") to a management area in which he will also be able to select up to six customised delivery options.

The Owner will have an order processing time of approximately 48 working hours.

From that moment, the goods will be handed over to the carrier, who in turn will deliver them in approximately 48 hours (subject to the exceptions expressly included in the shipping contract concluded with the carrier). The shipping service will be managed by Pistoia Distribuzione Espressa S.r.l., licensee of the "GLS" brand. Further details on the shipping service are available at the following link: https://drive.google.com/file/d/1hXHMyVs76YtM4V2ZTV6lz-I7wdoBhuub/view?usp=sharing.

After purchasing a product, the User has the opportunity to leave Feedback. 

For potential Users, reading Feedback provides the possibility of a better understanding of the features and versatility of the product, through the experiences of those who have already purchased it. For the Owner, Feedback represents an important source of information on the qualities, versatility and improvability of the product itself, thus contributing to the optimisation of the Services offered.  
In the Application it is also possible to leave Feedback anonymously. This allows you to express opinions on the product without revealing your identity. 

The Owner reserves the right to delete Feedback that is contrary to its Policy. By way of example, and without any limitation, Feedback that is offensive, defamatory, or in any case contrary to decency and good manners.

Through the entry of Feedback, the Application may collect Personal Data, if entered by the User. For further information on the processing of the latter, the User is invited to read the following Privacy Policy: https://feyonjewels.com/policies/privacy-policy

7) Product Warranty and Liability:

The Owner undertakes to deliver goods to the User that comply with these Conditions. Goods shall be deemed compliant if they:

1. a) correspond to the description, type and quality described in the document already referred to in point 6) above (link: https://docs.google.com/spreadsheets/d/1iVLjD73_PiSnWeMvm74QKDa168suqxN8Qj5NUPGrhkM/edit?usp=sharing). Furthermore, it shall possess the functionality, compatibility and other characteristics as set out in these Conditions;

2. b) be suitable for its particular use, including in terms of durability, functionality, compatibility and safety, ordinarily found in a good of the same type and which the User can reasonably expect, taking into account the nature of the good and the statements made in advertising, in the label or specifically listed on the Application;

3. c) be supplied together with all accessories and related good care instructions (link: https://drive.google.com/file/d/133om_rB8oTFHIDMai5PEya3NPl6Z8RR8/view?usp=sharing), if required;

Specifically towards the Consumer:

The Owner shall be liable to the Consumer for any defect of conformity existing at the time of delivery of the goods, a defect which, although present from the time of delivery, does not become apparent until later and in any event within two years.

An action to claim defects not maliciously hidden by the Owner shall be time-barred, for the Consumer and in any case, within twenty-six months from delivery of the good;

Unless proven otherwise, any lack of conformity that becomes apparent within one year from the time the good was delivered shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the good or the nature of the lack of conformity.

In the event of lack of conformity of the good, the Consumer is entitled to restoration, or to receive a proportional reduction in the price, or termination of the contract.

For the purposes of restoring the conformity of the good, the Consumer may choose between repair and replacement, unless the latter is not possible (by way of example, and without any limitation, the Owner does not have the good available for replacement or it is no longer in production);

In the event that the Consumer opts for repair to bring the goods into conformity, the Owner may deny him repair if this is impossible or if the costs he would have to bear are disproportionate.

The Consumer shall be entitled to a proportional reduction in the price or to termination of the contract of sale in the event that:

• The Owner has not carried out the repair or replacement.

• The lack of conformity is so serious as to justify the immediate reduction of the price or termination of the contract.

• The seller has declared or it is clear from the circumstances that he will not restore the conformity of the goods within a reasonable period.

The Consumer is not entitled to terminate the contract if the lack of conformity is only minor.

Repair or replacement shall be carried out:

1. a) free of charge, also with regard to shipping costs;

2. b) within a reasonable period of time after the Owner has been informed by the Consumer of the lack of conformity;

If the lack of conformity is to be remedied by repairing or replacing the goods, the Consumer shall make them available to the Owner by sending them in the manner described below: the Consumer shall contact the Owner by e-mail: hangasrl@feyonjewels.com. 

Specifically, he shall print out the form available at the following link: https://form.jotform.com/233333065215346, fill it in and insert it inside the parcel.

For the product to be returned correctly, the Consumer must comply with the specifications listed below:

The product must be correctly packaged and well protected;

The package must also contain the form duly completed in all its fields (https://form.jotform.com/233333065215346).

The Consumer is obliged to use the forwarding agent/carrier GLS and to deliver the parcel intended for the Owner at the GLS pick-up point nearest to him, specifying that the parcel must be addressed to: Hanga S.r.l., Via del T n°8, 51100, Pistoia (PT) - Italy.

The price reduction shall be proportional to the decrease in value of the goods received by the Consumer, compared to the value they would have had if they had been compliant.

The Consumer shall exercise the right to terminate the contract by filling in the appropriate form (https://form.jotform.com/233333065215346) to be sent to the Owner at the following e-mail address: hangasrl@feyonjewels.com containing the manifestation of the will to terminate the contract, specifying the good (or goods) for which he intends to avail himself of this right.

Upon termination of the contract, the Owner shall refund the Consumer the price paid for the good.

The Owner shall execute the refund using the same payment method used by the Consumer for the initial purchase, unless the Consumer has expressly indicated otherwise.

The Owner shall make the refund when the Consumer provides proof of dispatch of the goods. Failing this, the Owner shall make the refund upon actual receipt of the goods.

For anything not provided for in this section, the provisions of the Civil Code on the formation, validity and effectiveness of contracts shall apply, including the consequences of termination of the contract and the right to compensation for damages.

Specifically towards the non-consumer Recipient:

The warranty regime on goods differs depending on whether the purchaser is a "Consumer", or a "Non-Consumer Recipient", within the meaning of Directive 1999/44/EC. For the latter, the legal guarantee provided for in Articles 1490 et seq. of the Civil Code shall apply, and with regard to the shipping arrangements in favour of the Owner, he shall be subject to the same obligations as those provided in this paragraph for the Consumer.

To the extent permitted by law, the Owner declines all liability in the event that the product delivered does not comply with the legislation of the country of delivery other than Italy.

8) Order Process and Confirmation:

Once the User has identified the item (or items) he/she intends to purchase, he/she shall place it in the shopping cart (by clicking on the appropriate button) and shall be entitled to change the shipping address, if he/she intends to have it delivered to a place other than the one indicated as the main one during registration. Furthermore, the User must indicate a suitable method of payment to proceed with the purchase. The purchase process shall be deemed completed when the 'purchase' button is clicked. Should errors occur during the order and confirmation process, the User may contact the Owner at the following e-mail address: hangasrl@feyonjewels.com. The Owner undertakes to reply within 7 working days.

9) Payment Methods and Security Measures:

The purchase shall be deemed completed in the manner set out in point 8) above. Purchases may be made using the main debit or credit cards, namely Visa, Mastercard, and American Express. Payment via PayPal is also permitted. The User is responsible for providing accurate billing details to ensure prompt processing of orders and avoid potential delays. The transaction will be protected by the security measures provided by the Payment Provider (e.g. Visa, Mastercard, American Express, etc.). Consequently, the Owner shall not be held liable for any fraudulent and unlawful use of the User's credit cards and other means of payment, perpetrated by Third Parties.

10) Complaints and Customer Service:

In the event that the User wishes to make a complaint, needs assistance, or needs to raise issues with the Owner, the User may contact the Owner via the following e-mail address: hangasrl@feyonjewels.com or via the customer service department at the following telephone number +393331581810. The Owner undertakes to provide a prompt reply within 10 working days at the latest. All messages must be formulated in Italian/English.

11) Right of withdrawal:

Withdrawal is defined as the right of the sole Consumer to cancel a purchase or service contract for any reason and without any justification, within a specified period of time. Therefore, in accordance with the law, the Consumer has the right to exercise the Right of Withdrawal without having to provide any justification (withdrawal ad nutum), within 14 days of receipt (physical possession) of the product ordered, whether it is made up of a single piece and a single shipment, or if the delivery is made in batches and/or fractions. The effective date of the right of Withdrawal shall commence on the date of delivery to the Consumer, or to a person delegated by the Consumer, provided that this is not the carrier, in the event of a single delivery; in the event of multiple deliveries or by batches, the effective date of the right of Withdrawal shall commence on the date of delivery to the Consumer, or to a person delegated by the Consumer, provided that this is not the carrier, of the last product, batch or piece, even multiple pieces, delivered separately.

The Owner shall refund the payment received from the Consumer (price of the goods + original delivery costs).

However, the expenses and costs necessary for the redelivery of the goods (to the Owner) in respect of which he has intended to exercise the right of Withdrawal shall be borne by the Consumer.

In addition, the redelivery must be effected by using the GLS carrier with which the Owner has a regular contractual shipping relationship, which guarantees and complies with the standards of transport of valuables that the Owner's business requires.

As a result, if the Consumer, independently and in breach of these Conditions, decides to use a different forwarding agent and/or carrier, he shall be liable for any consequences relating to the failure to deliver or unsuitable (by way of example, and without any limitation: damage, alteration, etc.) delivery of the goods to the Owner.

The Owner shall execute the refund using the same payment method used by the Consumer for the initial purchase, unless the Consumer has expressly indicated otherwise.

The Owner shall execute the refund at the time when the Consumer provides proof of dispatch of the goods subject to Withdrawal. Failing this, the Owner shall make the refund at the time of the actual receipt of the good.

As an alternative to the refund, the Owner gives the User the right to select in the dedicated section a Voucher of equal value to the purchase, through which the Consumer may place new orders through the Application. This will be executed through the same means of payment used by the Consumer for the initial purchase or another one specifically indicated by the latter and provided that it does not entail additional charges for the Owner.

The right of withdrawal is subject to the following conditions:

    - The purchased goods must be intact and returned in the original internal and external packaging, complete in all its parts. In order to limit damage to the original packaging, it is recommended, as far as possible, to insert it in a second envelope. In all cases, it is forbidden to affix labels or adhesive tape directly on the original product packaging;

   - Products that have been used, show signs of wear or dirt, and can therefore no longer be considered intact, will not be accepted;

    - The goods subject to the right of Withdrawal remain under the complete responsibility of the Consumer, until the certificate of delivery to the carrier GLS;

     - In the event of damage to the goods during the transport organised by a carrier freely chosen by the Consumer (therefore different from GLS), the Owner shall promptly notify the Consumer (within 5 working days from the receipt of the goods in its warehouses), in order to allow him/her to exercise towards the designated carrier, the rights recognised by the law. In this case the product shall be made available to the Consumer and the request for withdrawal shall be considered ineffective;

The right of Withdrawal is excluded if the Consumer has commissioned, ordered and purchased one or more made-to-measure or clearly customised goods from the Owner.

In order to exercise the right of Withdrawal, the Consumer shall contact the Owner at the following e-mail address: hangasrl@feyonjewels.com to inform him of this, specifying if he prefers a method of crediting the sums to a card other than the one used and provided that this does not entail higher costs for the Owner. Having agreed on the method of returning the product, the User shall print out the form available at the following link https://form.jotform.com/233333065215346, fill it in and insert it inside the parcel before handing it over to the carrier. The details which are necessary for the Consumer to provide for the shipment to the Owner are clearly indicated on said form.

12) Return and Refund Policy:

Return can be considered and defined as the act of returning to the Owner a product purchased by the User. It also specifically refers to the scheduling of the return of defective products or products that do not conform to the agreed standards as described in point 6) of these Conditions (link https://docs.google.com/spreadsheets/d/1iVLjD73_PiSnWeMvm74QKDa168suqxN8Qj5NUPGrhkM/edit?usp=sharing);

The Owner allows the User to proceed with the Return of the purchased items that are defective or do not conform to the agreed standards, specifically within 14 days from the receipt (physical possession) of the products. The Owner guarantees that no additional costs will be charged for the Return, provided that it is carried out through the courier identified by the Owner himself, i.e. GLS. Only in compliance with the aforesaid return modalities, the cost of the shipment will be fully borne by the Owner. The Owner will execute the refund using the same means of payment used by the User for the initial purchase, unless the User has expressly requested otherwise and provided that the Owner does not incur any costs as a consequence of the refund.

In order to make a return, the User must contact the Owner at the email: hangasrl@feyonjewels.com. Specifically, the User must print the form available at the following link https://form.jotform.com/233333065215346, fill it in and insert it inside the package. For the product to be returned correctly, the User must comply with the specifications listed below: the product must be correctly packaged in its original packaging, in perfect resale condition and with all accessories and tags, if any;

The package must also contain the return form duly completed in every field https://form.jotform.com/233333065215346, in such a way as to enable the Owner to correctly identify the User.

The User is required to deliver the parcel addressed to the Owner at the nearest GLS collection point, specifying it should be addressed to: Hanga S.r.l., Via del T n°8, 51100, Pistoia (PT) - Italy.

Any shipment that does not comply with the prescriptions listed and established above will be refused by Hanga S.r.l., with the consequent impossibility of proceeding with the Return.

13) Account deletion and closure:

Data is retained by the Owner in accordance with the law, unless the User exercises the right to cancel data, expressing a request. The latter may stop using the Application at any time and deactivate their account. The User may also request its cancellation through the Application itself, or by sending a written communication to the e-mail address hangasrl@feyonjewels.com, or by calling customer service at +393331581810.

In any case, the Owner will provide for the deletion of all data recorded during the use of the Application and/or the Service in the ordinary term established by law, if the User has not used it for ten years.

14) Exclusion of liability for malfunctions of the website:

The Owner does not ensure the proper functioning of the website and therefore shall not be liable, in the event that the Application suffers interruptions, has errors, or is affected by viruses or bugs. The Owner shall endeavour to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational. Access to the Application may be suspended temporarily and without notice in the event of, and without any limitation to: system failure, maintenance, repairs or force majeure events.

15) Force Majeure:

The Owner shall not be held liable for the non-fulfilment or delayed fulfilment of its obligations or for damages, losses and costs suffered by the User, due to circumstances beyond its control, caused by unforeseen and unforeseeable events and, in any case, beyond its control. The fulfilment of the obligations by the Owner shall be deemed suspended for the period during which such force majeure events occur. The Owner shall, in any case, undertake to seek alternative solutions that allow the proper fulfilment of its obligations, unless this proves to be impossible or excessively onerous, entitling the Owner to terminate the contract; likewise, the contract may be terminated by the User if the User loses interest in fulfilment, due to the continuation of the supervening impossibility which the Owner is experiencing (or which is affecting him). 

16) Limitation of liability:

The Owner shall not be liable for any damages, losses and costs suffered by the User as a result of failure to comply with the Terms for reasons beyond its control, as provided by law. Furthermore, the Owner shall not be liable for any loss of business opportunities and any other - even indirect - losses that the User may suffer, which are not a direct consequence of the breach of the Conditions by the Owner itself, or for incorrect or unsuitable use of the Application by Users or Third Parties. In such cases, the "Terms and Conditions" of the commerce platform, used by the Owner to provide its services, called "Shopify" (Terms and Conditions available at the following link: https://www.shopify.com/it/legal/termini#Liability) shall apply.

Except in the case of wilful misconduct or gross negligence attributable to the Owner, the Owner shall not be liable, or sued for damages or penalties, for a sum exceeding twice the price paid by the User.

17) Linking to Third Party Sites:

The Application may contain links to sites or applications of Third Parties, which provide services through the Application. In these cases, the general conditions for the use of the website/application prepared by the Third Parties themselves will apply. The Owner does not exercise any control over them and therefore, is in no way responsible for the contents of these sites/applications. Consequently, the User is invited to carefully consult their privacy policies and conditions of use.

18) Intellectual Property Rights:

All contents of the Application including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application contains images, documents, logos and trademarks of Third Parties, who have expressly authorised the Owner to publish them in the Application. Except for strictly personal use, it is not permitted to copy, alter, distribute, publish or use any content of the Application - by way of example, and without any limitation images, product descriptions, logos, trademarks, etc. - without specific authorisation from the Owner. The Owner respects the intellectual property rights of Third Parties. If the User considers that its intellectual property rights have been used in a way that could cause possible infringement, he/she can report this to the Owner by sending a written communication to hangasrl@feyonjewels.com, or by calling customer service at +393331581810.

  19) Processing of personal data and Privacy:

The protection and processing of the User's personal data shall take place in accordance with the Privacy Policy, which can be consulted on the following page: https://feyonjewels.com/policies/privacy-policy  

20) Applicable Law and Jurisdiction:

The Conditions are subject to the application and regulation of Italian law. For the non-consumer Recipient, any dispute, interpretation, or execution of these Conditions shall be devolved exclusively to the jurisdiction of the competent body of the Court of Pistoia. For the Consumer, who is resident in Italy, any dispute relating to the application, execution and interpretation of the present Conditions shall be devolved to the judge of the place in which he/she resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer to take legal action before a judge other than the "consumer forum" (ex art. 66 bis of the Consumer Code) with territorial jurisdiction, according to one of the criteria set out in articles 18, 19 and 20 of the Italian Civil Procedure Code. In compliance with Art. 13 paragraphs 1 and 2 of Directive 2013/11/EU, the Owner indicates as the competent body in ADR (Alternative Dispute Resolution) the Chamber of Commerce of Pistoia - Prato, with branch office in Corso Silvano Fedi, 36 - 51100 Pistoia, Pec: cciaa@pec.ptpo.camcom.it.

Consumers residing in Europe may take advantage of the online platform (ODR-Online Dispute Resolution) established by the European Commission, which provides an alternative dispute resolution tool. This tool can be used by the Consumer to settle out-of-court any disputes relating to (or arising from) contracts for the sale of goods and provision of services concluded online. Accordingly, the Consumer may use this platform for the resolution of any dispute arising from the interpretation and/or execution of this contract concluded online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/ 

This is without prejudice to the application to Consumers who do not have their habitual residence in Italy, of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

Last updated: 15th of January 2024.