TERMS AND CONDITIONS

  • GENERAL CONDITIONS
  • CONDITIONS OF SALE
  • PRICES AND CURRENCY
  • PAYMENT
  • RIGHT OF WITHDRAWAL
  • PRIVACY
  • COPYRIGHT

The sale of products listed in the virtual catalogues available from the website www.aqua-alta-venice.com ("Web site") is regulated by the following General Conditions of Sale. These Conditions have been drawn up in accordance with legislation governing contracts drawn up outside physical stores. Users of the web site accept and agree to respect all the conditions included in this declaration. If Users do not accept these terms, HEAVY di Besa Francesca. reserves the right to ask the Users to refrain from using the web site. The access and the use of the web site are for personal use only. The web site is owned by Acqua Alta/HEAVY di Besa Francesca. At any time HEAVY di Besa Francesca can modify the contents of this site, including the commercial terms expressed therein, without giving any notice. HEAVY di Besa Francesca declines all liability regarding the possibility that, due to a particular configuration of the computer used by the customer or a malfunction, the colors of the products displayed on our site showing slight differences to the original ones. Sales agreements may be drawn up in any of the following languages: Italian, English.

TERMS OF SALE

The following General Terms and Conditions of Sale apply to the sale of the products contained in the virtual catalogs available on this site (hereinafter "Products") in accordance with the requirements for off-premises contracts. HEAVY di Besa Francesca is authorized by FEBOS SRL UNIPERSONALE ("Company") to manage an e-commerce system. The Company has no power of representation for the purpose of the sale of the aforementioned products by HEAVY di Besa Francesca to buyers ("Customers"). Therefore, HEAVY di Besa Francesca is the sole responsible party for the above mentioned Customers and the Company is expressly excluded from any liability

CONTRACTING PARTIES

The sales agreement is intended as drawn up between:

  • HEAVY di Besa Francesca with registered offices Vicolo Perazzolo 1, 35012 Camposampiero - PD - Italia, tax code, VAT no. 05543220288
  • Customer: the physical person or legal entity who has placed an order through the website, which has been accepted by HEAVY di Besa Francesca
  • No other contractual conditions shall apply, even if not specifically refused by HEAVY di Besa Francesca

APPLICATION OF THE GENERAL CONDITIONS OF SALE

Before making a purchase, the Customer is asked to read these General Conditions of Sale in full. The Customer is authorised to save them, copy them, download a copy of them and/or print them out. For any further information, the Customer may contact HEAVY di Besa Francesca at the customer service e-mail address resp.data@heavy-studio.com. As part of the formalities established for placing a purchase order, the Customer declares having viewed the formalities and that he accepts the General Conditions of Sale in full. The General Conditions of Sale may be amended by HEAVY di Besa Francesca as required. Any amendments shall take effect at the time of their publication on the website. The Conditions current as of the time of purchase shall apply to each relevant sales agreement.

 

CONDITIONS OF SALE

DESCRIPTION AND CHARACTERISTICS OF THE SERVICE FOR THE SALE OF THE PRODUCTS

The service for the sale of the Products operating on the website entails the registration, access to choices, choice of Products, on-line transmission of the purchase order and, where accepted, the on-line acceptance of the purchase order.

REGISTRATION:

Purchase and/or registration also entails giving consent to the processing of one's personal data. In the event of registration, the Customer must keep his password with utmost diligence. The Customer must undertake not to allow any third parties that he has not specifically authorized to do so to use the service. The Customer therefore accepts all liability for any such third party use and conduct on the internet. In the event of loss or theft of the Customer's password, the Customer shall have the right to enable the new password issue procedure available from the website. For deleting your account, please contact the Customer Service e-mail address.

PURCHASE ORDER:

Each purchase order submitted to HEAVY di Besa Francesca must clearly specify the Product code, its description, quantity and addressee name and address. The website order procedure gives the Customer the option of identifying and correcting any errors in data entry prior to sending the purchase order. Purchase orders sent by Customers constitute proposed contracts that are binding for the Customer. As confirmation of the receipt of order, HEAVY di Besa Francesca. shall send the Customer a summary e-mail to the e-mail address specified during registration. Said e-mail is for information only. It does not therefore constitute acceptance by HEAVY di Besa Francesca of said order.

PURCHASE ORDER ACCEPTANCE AND CONCLUSION OF THE SALES AGREEMENT:

HEAVY di Besa Francesca reserves the right, at their own discretion, to accept or refuse purchase orders submitted by Customers. HEAVY di Besa Francesca, who undertake to process the Customer's order (or to inform of possible problems) in a timely manner and in any case within 7 days as from the day following the date on which the Customer submitted the order. It is agreed that order processing is subject to effective Product availability. Should the Product be unavailable and/or in the event that HEAVY di Besa Francesca should refuse the order, HEAVY di Besa Francesca shall inform the Customer of such in a timely manner, and reimburse him any amounts paid. In this case, the Customer shall have no right to any further indemnity or compensation. No orders shall be accepted where submitted by parties who are not legally of age.

ARCHIVING OF THE SALES AGREEMENT:

The sales agreement shall be archived in the website. The Customer may access this at any time by following the viewing procedure provided by the website.

PRODUCT CHARACTERISTICS

Products are shown in the on-line catalogue in as realistic a manner as possible. The images are provided for general information only and may not be absolutely identical to the actual Product. The Products shown in the on-line catalogue may be purchased while stocks last, without prejudice to the right of HEAVY di Besa Francesca to cease availability of any Products at any time and/or alter their characteristics. HEAVY di Besa Francesca also reserves the right to update the on-line catalogue at any stage, altering the range or number of Products available.

PRODUCT PRICES AND CURRENCY

The price of the Products is as resulting from the price list published on the website, current as of the time of order submission by the Customer. The prices of the Products published on the website are given in the currency chosen, inclusive or standard packing and/or packaging costs and VAT. VAT rates are calculated according to Product type (if applicable). Prices are exclusive of transport and delivery costs. All the above costs (delivery and or special packing/packaging) not included in the price of the Products published on the website, will be separately specified in the order summary and confirmed in the order acceptance e-mail sent to the Customer by HEAVY di Besa Francesca.

Furthermore, for deliveries to be made to other countries outside EU, to Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the Product prices published on the website are always intended exclusive of:

  • any taxes and/or duties applicable to the sale.
  • any customs taxes and/or duties.
  • any further taxes and/or charges applicable to the delivery of the Products ordered.

The Customer must pay all customs taxes and duties applicable in the country to which the Products ordered are delivered. Any and all additional charges and costs in relation to the release of the Products delivered from customs shall be at the exclusive expense of the delivery addressee. Published prices and final invoices are in Euro or in other Currency according to our prices list for the shipping country. Final credit card and PayPal debited amounts may vary based on currency fluctuations and bank commissions. HEAVY di Besa Francesca encourages clients to contact their home bank to receive the accurate price conversion and any bank commissions related to the transaction.

PAYMENT BY CREDIT CARD

At the time of purchase order submission, customers are required to make payments by credit card using Visa, Mastercard, American Express, and Maestro networks online. During the submission process, customers will be prompted to provide their credit card details, and the corresponding amount will only be debited once the order is complete. The customer's credit card information provided during the purchase order is securely transmitted to PayPal and Shopify Payments servers, which handle credit card payments on behalf of HEAVY di Besa Francesca and protect against unauthorized access. HEAVY di Besa Francesca and third parties will not have access to this information. Once payment is confirmed, HEAVY di Besa Francesca will proceed with the preparation and processing of the purchase order. Additional information on PayPal and Shopify Payments servers can be found at www.paypal.com, www.shopify.com, and www.multisafepay.com, respectively.

Credit Card Security:

Customers are guaranteed maximum security in their purchases as all transactions are processed by PayPal and Shopify Payments. Customer service representatives are not authorized to request or accept credit card numbers and/or validity details.

PAYMENT VIA VERIFIED PAYPAL ACCOUNT:

Customers who choose to pay through PayPal can make payments directly from their verified PayPal account. We only accept PayPal payments from verified accounts, and we reserve the right to ship goods exclusively to the address indicated on the PayPal verified account. Payments sent from unverified PayPal accounts may be subject to cancellation. Please be aware that if the fast checkout PayPal button is selected, the shipping address will be automatically retrieved from the customer's PayPal account.

APPLEPAY

If you own an Apple device, you have the option to use Apple Pay as a payment method by linking a credit, debit, or prepaid card to the Wallet application on your device. When making a purchase using Apple Pay, a unique transaction code and specific number are generated for your device. As a result, your card information is not stored on your device or on Apple's servers, nor is it shared with sellers during the transaction, providing added protection for your personal data. Please note that if you choose to use the Apple Pay fast checkout button, your shipping address will be automatically retrieved from your Apple Pay account.

For more information on Apple Pay, please visit www.apple.com.

GOOGLE PAY

If you have a Google account, you can use Google Pay as a payment method, which enables you to use credit, debit, and prepaid cards saved to your Google account. Google Pay provides enhanced security measures, employing multiple layers of protection to safeguard your payment information. When making online payments using Google Pay, sellers are not given access to your credit card number, as transactions are carried out using a dynamic virtual card number, which ensures that your actual information remains secure. Please note that if you opt for the Google Pay fast checkout button, your shipping address will be automatically retrieved from your Google Pay account.

For more information on Google Pay, please visit https://pay.google.com.

KLARNA

By choosing Pay in 3 installments, payments are automatically charged to the selected card according to the deadlines indicated in the payment plan. However, you can settle the installments in advance at any time. If you choose Pay after 30 days, you just need to access the app to make the payment. The payment for each installment will be automatically deducted from the debit or credit card provided at the time of payment. Your first installment will be collected when your order is confirmed by the merchant, and the 2nd and 3rd installments will be scheduled 30 and 60 days later, respectively.

For more information on Klarna, please visit www.klarna.com

RIGHT TO WITHDRAWAL

Customers have the right to withdraw from this contract within 14 days from the date of receipt of goods. The Customer must carry out the return authorization request procedure specified here in the “My Account” section. The return must be made according to our procedure. The goods shall be sent to the following address: Gruppo Sinergia – Viale dell’Artigianato, 32 – 37064 Povegliano Veronese (VR)

The customer must return, at his own risk and responsibility, at the above address, the purchased Items intact and complete (including the original packaging), no later than 14 days from receipt of the products purchased. Solely for the purpose of calculating expiry of the above mentioned 14 working days, the Products are intended as returned at the time at which they are delivered to the courier. The right to withdraw may be exercised for all Products purchased and may not be exercised only in relation to part of the goods ordered.

RETURN TERMS AND CONDITIONS

  • Item(s) cannot be worn, washed, or altered in any way.
  • The returned item(s) must be in the same condition as sent, packaged in an orderly fashion, and have all original tags, extra buttons, dust bags, hangers, etc. Shoes and other accessories that were sent with original boxes must be returned in these boxes, which cannot be used, damaged, or altered in any way.
  • In the case of defective or incorrect merchandise, clients must follow the instructions above. HEAVY di Besa Francesca reserves the right to request photographic support regarding defective or incorrect merchandise before authorizing a return for full reimbursement of shipping and import fees.
  • All returned merchandise is subject to re-entry inspection and must respect the parameters listed in the return policy.
  • HEAVY di Besa Francesca reserves the right to refuse returns that are unauthorized or not sent with couriers without prior authorization from the customer service. Authorization shall be requested via email at the address of the customer service.
  • Pick-ups for all authorized returns with HEAVY di Besa Francesca's courier account numbers must originate from the same country of the original shipment.
  • Returned items must be handed over to the courier ready packet in order to limit any possible damage to the merchandise.

Upon verification of the integrity of the product (as stated in the General Terms and Conditions), the amount paid for the item(s) will be reimbursed, while shipping costs paid at the time of purchase will be retained by HEAVY di Besa Francesca. In all cases where withdrawal is not lawfully and validly applied by the Customer, HEAVY di Besa Francesca shall return the Product to the Customer, at the Customer's own risk and expense; Customer must also address the organization for the return of the goods. Should the Products be damaged during transport for return to HEAVY di Besa Francesca, the Customer shall be informed of all damages reported no later than the second working day as from the receipt of Products, in order to allow the Customer, in turn, to inform the courier and claim his rights with regard to the courier. At the same time, the Products damaged during transport shall be returned to the Customer, at the Customer's own risk and expense. Should withdrawal be exercised in accordance with the provisions of current legislation, HEAVY di Besa Francesca shall reimburse the amounts paid by the Customer. Reimbursement shall take place free of charge as quickly as possible and, in any case, within fourteen days of the date on which HEAVY di Besa Francesca became aware of the Customer's having exercised his right to withdraw.

HEAVY di Besa Francesca will not notify the receipt of delivery to its warehouse. Customers can check for successful delivery with the courier entrusted with the return shipment. The customer will receive an automatic email notification from our bank confirming the reimbursement of the payment by HEAVY di Besa Francesca within the provided 14 days. HEAVY di Besa Francesca is not responsible for the time required to reimburse the payment, which is fully regulated by the issuers of the credit cards used.

PRIVACY POLICY

HEAVY di Besa Francesca with headquarters at 1, Vicolo Perazzolo, Camposampiero (PD) - Italy and FEBOS SRL UNIPERSONALE - Via E. Mattei 8/A, 31010 MASER (TV), P.I. – C.F. 03517220269 - as co-controllers of the data processing - are committed constantly to protect the online privacy of users who use the application and the site www.aqua-alta-venice.com. This document ("Privacy policy") was drafted in order to allow you to understand how your Personal Data will be processed when using the Application and to provide you with all the necessary information so that you can express an explicit and informed consent to the processing carried out. In general, the processing of any information or Personal Data which you provide to the Data Controllers through the Application, or which will be collected in other ways through the website, will be carried out in accordance with the internationally recognized principles of lawfulness, correctness, transparency, limitation of purpose and storage, data minimization, accuracy, integrity and confidentiality and will be finalized to the provision of the services offered on the site itself, to the sale of the Products and to the activation of a newsletter service.

1. HOLDERS OF THE DATA PROCESSING

HEAVY di Besa Francesca and FEBOS SRL UNIPERSONALE, as identified at the beginning of this document, are Data Controllers for all the Personal Data processed through this application. The HEAVY di Besa Francesca data protection officer ("DPO") is Francesca Besa, and you could contact him at: resp.data@heavy-studio.com

2. PERSONAL DATA SUBJECT TO PROCESSING

Following the navigation of the Site, we inform you that the Data Controllers will process your Personal Data, which may be - also depending on your decisions on how to use the Services - an identifier such as your name and surname, an identification number, an online identifier or one or more elements representing your physical, physiological, cultural or social identity, suitable for making yourself identified or identifiable (hereinafter "Personal Data").

The types of Personal Data collected by the Application, by itself or through third parties, also include: Cookies, Usage data, Email addresses, Passwords. Other Personal Data collected may be specified in other sections of this privacy policy or provided in explanatory texts when personal data is collected. Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or other tracking tools - by this Application or third party service providers used by this Application, unless otherwise specified, serves to identify Users and remember their preferences for the sole purpose of providing the requested service. Failure to provide certain Personal Data may make it impossible for the Application to provide its services.

Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

The Personal Data processed through the platform include the following:

A. NAME, CONTACT DETAILS AND OTHER PERSONAL INFORMATION
In different sections of the Website, in particular those relating to the creation of a personal account and the subscription to the newsletter, you will be asked to enter information such as Email address, Password, name, surname, date of birth, gender.

B. SPECIAL CATEGORIES OF PERSONAL DATA
Some sections of the Website Platform include free fields where you can provide the Owners with certain information, which may contain Personal Information. Given that these fields are free, you could use them to communicate (voluntarily or not) certain sensitive categories of Personal Data, such as data suitable to reveal racial or ethnic origin, political opinions, religious or philosophical convictions, union membership, genetic data, biometric data intended to uniquely identify a natural person, data relating to the health, sexual life or sexual orientation of the person. The Data Controllers recommend not to provide such Personal Data unless it is strictly necessary. Indeed, such special categories of Personal Data may be processed only with your explicit consent (given by flagging the relevant box in the form) and in compliance with the pro tempore regulations in force.

C. DATA VOLUNTARILY PROVIDED BY THE USER
As already mentioned above, in some parts of the Site, you can enter text messages or information, visible to the Data Controllers, which may contain Personal Data of third parties. In this case, you will assume the role of an independent data controller, assuming all consequent legal obligations and liability.

D. NAVIGATION DATA
The IT systems and software procedures used to operate the platform gather, during their normal operation, some Personal Data whose transmission is needed while using Internet communication protocols. This information is not collected to be associated with identified parties; however, by their very nature, through processing and association with data held by third parties, they may involve the identification of Users. This category of Personal Information includes IP addresses, or domain names of computers used by Users who connect to the Site, the URI (uniform resource identifier) of the resources requested, the time of the request, the method used in submitting the request, the size of the file obtained in response, the numerical code indicating the status of the response from the server (successful, error, etc.) and other parameters regarding the operating system and computer framework of the User. This data is used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning, as well as to identify any anomalies and / or abuses, and are deleted immediately after processing.

E. MANAGEMENT AND PAYMENT DATA
The management of payment services allows this Application to process payments by credit card, bank transfer or other payment methods. The data used for payment are acquired directly by the requested payment service provider. Some of these services may also allow the sending of messages to the User, such as emails containing invoices or notifications regarding the payment. The payment services are PayPal, Shopify Payments, Apple pay, Google Pay, Klarna which collect data as specified in their privacy policy.

F. ADDRESS MANAGEMENT AND SENDING OF EMAIL MESSAGES

These services are managed by Shopify and allow you to manage a database of email contacts, telephone contacts, or contacts of any other type, used to communicate with the User. These services may also allow us to collect data relating to the date and time the messages are displayed by the User, as well as to the User's interaction with them, such as information on clicks on the links included in the messages.

G. INTERACTION WITH SOCIAL NETWORKING SITES AND EXTERNAL PLATFORMS

These services allow interaction with social networking sites or with other external platforms, directly from the Application pages. The interactions and information acquired by this Application are, in any case, subject to the User's privacy settings related to each social network. If an interaction service with social networking sites is installed, it is possible that, even though the Users are not using the service, the latter will collect traffic data relating to the pages in which it is installed.

H. BUTTONS

TWEET BUTTON AND TWITTER SOCIAL WIDGETS (TWITTER)

The Tweet button and Twitter social widgets are services of interaction with the Twitter social network, provided by Twitter Inc. The data processed include cookies and usage data. Place of processing: USA - Privacy Policy.

LIKE BUTTON AND FACEBOOK SOCIAL WIDGETS (FACEBOOK, INC.)

The "Like" button and Facebook social widgets are services of interaction with the social network Facebook, provided by Facebook, Inc. Personal data collected: cookies and usage data. Place of processing: USA - Privacy Policy.

+1 BUTTON AND GOOGLE+ SOCIAL WIDGETS (GOOGLE)

The +1 button and Google+ social widgets are services for interacting with the Google+ social network, provided by Google Inc. Personal data collected: cookies and usage data. Place of processing: USA - Privacy Policy.

I. GOOGLE ANALYTICS (GOOGLE)

Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the Personal Data collected for the purpose of tracking and examining the use of this Application, creating reports, and sharing them with other services developed by Google. Google may use the Personal Data to contextualize and personalize the advertisements of its advertising network. Personal data collected: cookies and usage data. Place of processing: USA - Privacy Policy.

L. TRACKING OF GOOGLE ADWORDS (GOOGLE) CONVERSIONS

Google AdWords Conversion Tracking is a statistics service provided by Google, Inc. which combines data from the Google AdWords ad network with actions performed within this Application. Personal data collected: cookies and usage data. Place of processing: USA - Privacy Policy.

M. CONTENT DISPLAYED FROM EXTERNAL PLATFORMS

These services allow you to view content hosted on external platforms directly from the pages of this Application and interact with them. In the event that a service of this type is installed, it is possible that, even though the Users are not using the service, the latter will collect traffic data relating to the pages in which it is installed.

N. YOUTUBE VIDEO WIDGET (GOOGLE)

Youtube is a video content visualization service provided by Google Inc. which allows this application to incorporate such contents on its pages. Personal data collected: cookies and usage data. Place of processing: USA - Privacy Policy.

O. VIMEO, LLC

Display of content from external platforms. Vimeo is a video content visualization service provided by Vimeo, LLC, which allows this application to incorporate such contents on its pages. Personal data collected: cookies and usage data. Place of processing: USA - Privacy Policy.

3. PURPOSES OF DATA PROCESSING

The Data Controllers will use your Personal Data, gathered through the Platform, for the following purposes:

  • Purchase and delivery of products and services: Processing for receiving and managing orders, providing products and services, verifying identity, assisting with login/password details, purchasing a fidelity card, sending requested newsletters, allowing users to save favorite items, and providing requested services.
  • Marketing and remarketing: Showing advertising based on user interests, sending promotional communications via various channels related to products and services, including third-party offerings.
  • Soft Spam: Sending marketing communications via email regarding products and services similar to those already purchased through the Site.
  • Compliance: Fulfilling legal obligations requiring the collection and/or further processing of certain types of personal data.
  • Abuse/Fraud: Preventing or detecting abuse in the use of the platform or fraudulent activity to protect the Owners in court.

4. LEGAL BASIS AND OBLIGATORY OR OPTIONAL NATURE OF DATA PROCESSING

The legal bases and nature of data processing are as follows:

  • Purchase, delivery, and supply of services and products: Necessary for providing services and products; not obligatory, but failure to provide data may result in inability to provide services.
  • Marketing and remarketing: Based on user consent; not mandatory, and users can revoke consent at any time without consequences, except not receiving further marketing communications.
  • Soft Spam: Based on the Owners' interest to send marketing communications; users can stop receiving these communications without consequences.
  • Compliance: Necessary to fulfill legal obligations; processing is mandatory when providing personal data to the Data Controllers.
  • Abuse/Fraud: Necessary to prevent/detect abuse or fraudulent activity; retention is for the time strictly necessary to fulfill these purposes.

5. PERSONAL DATA RECIPIENTS

Recipients of Personal Data include duly appointed data processors, owners of websites on the platform, entities necessary for service provision, individuals authorized for technical maintenance, and public entities for legal compliance, abuse, or fraud.

6. RETENTION OF PERSONAL DATA

Retention periods for Personal Data depend on the purpose of processing:

  • Purchase, delivery, and provision of services: Retained for the time strictly necessary for these purposes.
  • Marketing and Remarketing: Retained until consent is withdrawn.
  • Soft Spam: Retained until consent is withdrawn.
  • Compliance: Retained for the period provided by specific legal obligations.
  • Abuse/Fraud: Retained for the time strictly necessary to fulfill these purposes.

7. RIGHTS OF THE USERS

Users have the right to request access, correction, updating, deletion, and limitation of processing of their Personal Data. Users can also object to processing or withdraw consent. Users can exercise these rights by contacting the Data Controllers and have the right to lodge a complaint with the Personal Data Protection Authority.

8. UPDATES

This privacy policy was updated on December 11th, 2023. The Owners reserve the right to modify or update the content at any time, with changes taking effect upon publication on the Website.

COPYRIGHT

HEAVY di Besa Francesca manages the website and its contents. This includes, but is not limited to, the documentation, images, characters, design, music, software, codes, and format scripts. The material included on the website is protected by copyright.

Reproduction, modification, transmission, re-publication, and/or re-distribution to third parties for commercial purposes are strictly prohibited without the express written consent from HEAVY di Besa Francesca. HEAVY di Besa Francesca does not allow the use of the website's contents or the trademark for any other purpose than what is expressly written above.