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Terms & Conditions

Welcome to our website (the “Website”).

The Website is owned and operated by CO.& CO. SWIMPROJECT di Antonio Cocco, with registered address at Via dei Punici n. 20, 09123 Cagliari, Italy, with VAT number 03857540920 and registered with the C.C.I.A.A. Chamber of Commerce of Cagliari (IT) under number CA-302478 (the “Company” or “Us” or “We”). 

The following terms and conditions of sale (hereinafter “T&C” or the “Terms”) as well as the sections entitled “Shipping Policy”, “Returns and Refund Policy”, “Privacy Policy” and “Cookie Policy” are applicable to the Website which offers the sale of swimwear and accessories by Ïstellas Luxe Couture brand owned by the Company to you.

By accessing or using any part of our Website, visiting our Website and/ or placing an order on our Website, you engage in our service (the “Service”), you acknowledge and confirm to have red and understood the T&C and you agree to be bound by the Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms apply to all users of the Website without limitation. Please read these Terms carefully before accessing or using our Website. If you do not agree to all the T&C, then you may not access the Website or use any services. 

The access to and use of the Website including display of web pages, downloading product information and making purchases are carried out by you exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. 

Any new features or tools which are added to the current store shall also be subject to the Terms. The customer will be solely liable for the use of the Website and its contents. The Company shall not be considered liable for any use of the Website and its contents made by the users that are not compliant with the laws and regulations in force. In particular, the customer will be solely liable for communicating information or data which is not correct, false or concerning third parties, in the event such third parties have not given their consent, as well as for any improper use of such data or information. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time. 

Our on line store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - CHANGE OF TERMS

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. We invite you to check this page periodically for changes. You accept that your continued use or your access to our Website following the posting of any changes constitutes full acceptance of all changes. 

SECTION 2 - YOUR ORDER

Our shopping section will guide you through the steps you need to take to place an order with Us. Take the time to read and check your order carefully. Please note that our acceptance of your order will take place when we send you a confirmation of order notice to the e-mail address indicated by you when you place your order. Our confirmation lists the articles selected, prices, delivery costs contribution when applicable, the delivery address, the order number, delivery timing and any other conditions that may be applicable to the order. At this point a contract will come into existence between you and us. Any higher costs caused by wrong data provided by you which are not reported and corrected within 24h from the moment you place your order will be borne by you. The products will be delivered in accordance with our Shipping Policy. If we are unable to accept your order, we will inform you of this in writing and we will refund you any money charged for the product. We reserve the right not to accept an order for any reason.

The sale of our products is intended for any individual who is acting on the Website for purposes which are outside his or her trade, business or profession. Sales in our Website are retail and strictly for personal use only.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  By placing an order you unconditionally accept the T&C as well as the other policies contained in the Website.

SECTION 3 - OUR PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products however we cannot guarantee that your computer monitor's display of any color will be accurate. The images of the products on our Website are for illustrative purposes only. The packaging of the products may vary from the one shown on images on our Website. The information displayed on our Website does not constitute an offer but is to be considered as an invitation to offer. Whilst we use our best efforts to fulfill your orders, we cannot be held responsible if the products are not available at a given point in time.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). If you have any queries regarding the products you purchased on our Website or you think that the product is defective please send an email to info@istellasluxecouture.com within 15 (fifteen) days as of the receipt of the item including the pictures of the garment for our reference. You will be requested to proceed in accordance with our Returns and Refund Policy. 

SECTION 4 - PRICES AND PAYMENT

Prices applied are the ones shown on the Website. Prices for products to be delivered within the EU are VAT included. The prices do not include delivery charges where applicable. Prices are displayed exclusive of any customs duty charges or import taxes which might be incurred for delivery outside the EU and that are to be borne by the customer. The products will be shipped only upon receipt of full payment of the purchase price plus delivery costs contribution as applicable. We use our best efforts to ensure that the price of products advised to you is correct. In the event of an error pricing which is obvious and could reasonably have been recognized by you as mispricing we will contact you and will communicate you the correct pricing. In the event you do not accept the new pricing we reserve the right to end the contract, refund any sums you have paid and require the return of the products provided to you if already shipped. Please note that special offers cannot be combined with any other discounts, offers, or special promotions.

SECTION 5 - SHIPPING AND DELIVERY OF PRODUCTS

Our products will be shipped and delivered in accordance with our Shipping Policy which forms a integral part of this T&C. Our Shipping Policy shall be deemed to be fully understood and accepted by you at the moment you place an order in our Website.

SECTION 6 - RIGHT TO WITHDRAW

The customer has the right to cancel the contract with us without providing a reason up to 15 (fifteen) days from the date of receiving the products purchased on our Website. For details on how to cancel your contract with us please refer to our “Returns and Refund Policy” which forms a integral part of these T&C. Our Returns and Refund Policy shall be deemed to be fully understood and accepted by you at the moment you place an order in our Website.

SECTION 7 -  INTELLECTUAL PROPERTY RIGHTS

All content included in our Website are protected by copyright rights and all other intellectual property rights and cannot be reproduced, copied, sold, resold or exploited in any form in whole or in part without the express consent of the Company. You may temporarily download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

In the event that we make a change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree and confirm to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 - MODIFICATIONS TO THE SERVICE

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools that may be offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 12 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. 

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please read carefully our Privacy Policy. Our Privacy Policy shall be deemed to be fully understood and accepted by you at the moment you browse on our Website and when you place an order in our Website.

SECTION 22 - GOVERNING LAW

These Terms, the other policies contained in the Website and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy. The courts of Cagliari, Italy will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Terms.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms should be sent to us at info@istellasluxecouture.com. 

Last Update: February  2020