Terms of service

INTRODUCTION
This document (together with the documents mentioned herein) sets out the terms and conditions governing the use of this website (www.menafueco.studio) and the purchase of the items contained therein (hereinafter referred to as the "Terms").
Please read these Terms, the Cookie Policy, and the Privacy Policy (hereinafter jointly referred to as the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and the Data Protection Policies. If you do not agree to all the Terms and the Data Protection Policies, do not use this website.
For any questions, concerns, or inquiries regarding the Terms or the Data Protection Policies, please contact us through the appropriate “Contact” section.
The Contract (as defined below) may be concluded, at your discretion, in any of the languages in which these Terms are available on this website.

OUR DETAILS
Product sales through this website are managed by MENA FUECO studio di Urselli Ciro Francesco, with registered office at Via Federico Di Palma, 10 - 74023 Grottaglie, VAT number 03290070733, phone number +39.3460893147, and email address info@menafueco.studio. Contact details can be found in the “Contact” section of this website www.menafueco.studio.

YOUR DATA AND YOUR VISITS TO OUR WEBSITE
The personal information or data you provide will be processed in accordance with the Data Protection Policies. By using the website, you authorize us to process such information and data and confirm that they are truthful and accurate.

USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:

Use the website only to make legally valid inquiries or orders;
Not to place any false or fraudulent orders. If we have reasonable grounds to believe such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities;
Provide us with your email address, postal address, and/or other contact details truthfully and correctly. You also consent to our use of this information to contact you if necessary (please see our Privacy Policy).
If you do not provide us with all the required information, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and legally capable of entering into binding contracts.

SERVICE AVAILABILITY
The items offered through this website are available only in the countries in which MENAFUECO has established delivery agreements.
It is possible to place an order from another EU member state via this website. Products may be delivered with different shipping rates and times depending on the country.

CONTRACT FORMATION
The information contained in these Terms and on this website does not constitute a public offer but an invitation to make a contractual offer. No contract exists between you and us regarding any products until your order has been explicitly accepted by us. If your offer is not accepted and you have already been charged, the full amount will be refunded.

To place an order, follow the online purchase process and click on “Authorize Payment.” You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). This does not mean that your order has been accepted. All orders are subject to our acceptance, which will be confirmed by sending you an email that the order has been shipped (the “Shipping Confirmation”). Order details will be summarized in the electronic receipt attached to the Shipping Confirmation (the “E-Ticket”). The contract for the purchase of a product between you and us (the "Contract") will be concluded only when we send the Shipping Confirmation.

Only those products listed in the Shipping Confirmation will be covered by the Contract. We are not obligated to supply any other products which may have been ordered until they are confirmed in a separate Shipping Confirmation.

PRODUCT AVAILABILITY
All product orders are subject to availability. In this regard, if there are supply difficulties or items are out of stock, we reserve the right to offer you substitute products of equal or higher value, which you may choose to order. If you do not wish to order these substitute products, we will refund any amounts you may have paid.
Some products are available for pre-order and require specific production times indicated in the product description. These will be delivered according to the stated production and shipping timelines.

REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or delete or modify any material or content. Although we will always do our best to fulfill all orders, there may be exceptional circumstances that require us to refuse to process an order after sending the Order Confirmation. We reserve the right to do so at any time.
We will not be liable to you or any third party for the removal of any product from this website, nor for the deletion or modification of any material or content, nor for failing to process an order once an Order Confirmation has been sent.

DELIVERY
Without prejudice to Article 7 above and unless extraordinary circumstances occur, we will endeavor to deliver the product(s) listed in the Shipping Confirmation by the delivery date specified therein or, if no delivery date is specified, within the estimated time indicated during the selection of the delivery method, and in any case within a maximum of 60 days from the date of the Order Confirmation.

Delays may occur for reasons such as product customization, unforeseen circumstances, or delivery location.
If we are unable to deliver by the expected date, we will inform you and offer the options of continuing the purchase with a new delivery date or canceling the order, with a full refund.
Please note that deliveries are not made on Saturdays or Sundays.

For the purposes of these Terms, “delivery” is deemed to have occurred when you or a third party indicated by you takes physical possession or control of the products, proven by signing the delivery receipt at the agreed shipping address.

INABILITY TO DELIVER
If we are unable to deliver your order, we will try to leave it in a safe place. If this is not possible, your order will be returned to our warehouse. In that case, we will leave you a notice explaining where your order is and how to arrange a new delivery.
If you are not available at the agreed delivery time, please contact us to reschedule.

If delivery has not occurred for reasons not attributable to us within 60 days from when the order became available for delivery, we will assume you wish to terminate the Contract. As a result, we will refund all payments made by you, including delivery charges (except for any additional costs resulting from your choice of a delivery method other than our standard), without undue delay and in any event within 14 days from termination.

Please note that return transport resulting from Contract termination may incur additional costs, which will be your responsibility.

TRANSFER OF RISK AND OWNERSHIP
Risk relating to the products passes to you upon delivery.
You acquire ownership of the products when we receive full payment for all sums due, including shipping costs, or upon delivery, whichever is later.

PRICE AND PAYMENT
The price of the products will be as quoted on our website, except in cases of obvious error. While we take care to ensure that all prices on the site are accurate, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and any amounts paid will be refunded in full.

We are under no obligation to supply the product(s) at the incorrect lower price (even after sending you the Shipping Confirmation) if the pricing error was obvious and unmistakable and could reasonably have been recognized by you as such.

Prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as specified in our Shipping Costs Guide.

Prices may change at any time, but such changes will not affect orders for which we have already sent an Order Confirmation.

Once you have selected all the items you wish to purchase, they will be added to your cart and the next step will involve completing the order and making payment. To do so, you must follow the online purchase process, filling in or verifying the required information at each step. You may modify the order details at any point before payment. A full description of the purchase process is available in our Purchase Guide. If you are a registered user, all your orders can be found in the “My Account” section.

You may pay by Visa, Mastercard, or PayPal. You may also fully or partially pay for your order with a MENA FUECO gift voucher issued by MENA FUECO.

To minimize the risk of unauthorized access, your credit card data will be encrypted. Upon receipt of your order, we will request pre-authorization on your card to ensure sufficient funds are available to complete the transaction.

Both credit card and PayPal payments will be charged at the time of order confirmation.

Please note that payments made through this online platform, as well as any refunds where applicable, will be managed on our behalf by MENA FUECO studio di Urselli Ciro Francesco, Via Federico Di Palma, 10 - 74023 Grottaglie, Tax Code RSLCFR92C21E205K and VAT no. 03290070733.

By clicking "Authorize Payment," you confirm that the credit card is yours or that you are the rightful holder of the gift voucher.

Credit cards are subject to validation and authorization by the card issuer. If the issuer does not authorize the payment, we will not be liable for any delay or failure to deliver and we will not be able to conclude the Contract with you.

PURCHASE AS A GUEST
You may also purchase products from this website as a guest. In this case, you will only be asked to provide the information necessary to process your order. After completing the purchase process, you will be offered the opportunity to register as a user or continue as a non-registered user.

VAT (VALUE ADDED TAX)
In accordance with applicable laws, all purchases made through the website will be subject to VAT.

RETURNS/EXCHANGES POLICY – RIGHT OF WITHDRAWAL
If you are contracting as a consumer, you have the right to withdraw from the Contract within 14 days without providing any reason.

The withdrawal period expires after 14 days from the day you or a third party (other than the carrier and designated by you) take physical possession of the goods. If you ordered multiple items in one order that are delivered separately, the withdrawal period ends 14 days after you or your designated third party receive the last item.

To exercise your right of withdrawal, you must notify us by writing to MENA FUECO studio di Urselli Ciro Francesco, Via Federico Di Palma, 10 - 74023 Grottaglie, Tax Code RSLCFR92C21E205K and VAT no. 03290070733, clearly stating your decision (e.g., via post or email).

To meet the withdrawal deadline, you simply need to send your communication before the 14-day period has expired.

Effects of Withdrawal
If you withdraw from the Contract, we will refund all payments made by you, excluding delivery costs, without undue delay and in any case no later than 14 days from the date we are informed of your decision. Refunds will be made using the same payment method you used for the initial transaction, unless agreed otherwise. In any event, you will not incur any fees as a result of the refund.

We may withhold the refund until we have received the goods or you have provided proof of having returned them, whichever is earlier.

You must return the goods to MENA FUECO studio di Urselli Ciro Francesco, Via Federico Di Palma, 10 - 74023 Grottaglie, together with the E-Ticket received with the Shipping Confirmation, without undue delay and in any event within 14 days from the date you communicated your withdrawal. The deadline is met if you send the goods back before the 14-day period has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

CUSTOMS CLEARANCE LIABILITY
The seller is not responsible for customs procedures, import duties, local taxes, or customs brokerage fees that may apply when the shipment reaches the destination country.

Any additional charges related to customs handling, regardless of their nature, are the buyer’s responsibility.

If you refuse to pay or are unable to settle these charges, the seller shall not be held responsible for the failure to deliver the goods.

RETURN OF DEFECTIVE PRODUCTS
If you believe that the product does not conform to the Contract at the time of delivery, you must contact us immediately by email at info@menafueco.studio, and we will advise you on how to proceed.

We will carefully examine the returned product and inform you by email, within a reasonable period, whether a refund or replacement will be issued. The refund or replacement will be made as soon as possible.

Products returned due to damage or defect, if confirmed, will be refunded in full, including the delivery costs incurred for both shipping and returning the item. The refund will be processed using the same payment method used for the purchase.

This does not affect any statutory rights you may have.

RIGHT OF WITHDRAWAL FOR ORDERS FROM ABROAD
If you placed an order outside of Italy, from another EU member state, the provisions in Article 15 apply, except those concerning the courier designated by us.

Please note that we are not required to cover shipping or return costs to or from destinations other than the original delivery address.

LIABILITY AND DISCLAIMER
Except where otherwise expressly provided in these Terms, our liability in connection with any product purchased through our website shall be strictly limited to the purchase price of that product.

Notwithstanding the above, our liability is not excluded or limited in the following cases:

In the event of death or personal injury caused by our negligence;
In the event of fraud or fraudulent misrepresentation;
In any matter in which it would be unlawful for us to exclude, limit, or attempt to exclude or limit our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by applicable law, we will not be liable for indirect damages such as:

Loss of profits;
Loss of business;
Loss of income or contracts;
Loss of anticipated savings;
Loss of data;
Waste of management or office time;
Security of data transmitted or obtained through the website, unless otherwise expressly provided.

All product descriptions, information, and materials on this website are provided "as is" and without express or implied warranties, except those legally implied.
If you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract and remain liable for any lack of conformity existing at the time of delivery.
The products conform to the Contract if: (1) they match the description and possess the qualities presented on the website; (2) they are fit for the purposes for which products of the same type are normally used; and (3) they show the quality and performance which are normal in products of the same type and which can reasonably be expected.

To the extent permitted by law, we exclude all warranties except those which cannot lawfully be excluded.

Our products, particularly those that are handmade, may have natural features from the materials used in their manufacture. These characteristics, such as grain, surface texture, knots, or color variations, should not be considered defects. Rather, these inconsistencies should be expected and appreciated as part of the product’s unique appearance.
We select only high-quality materials, but such variations are inevitable and must be accepted as part of the product’s aesthetic.

These provisions do not limit your statutory rights as a consumer, including your right to cancel the Contract.

INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in the materials or content provided as part of the website are owned by us or our licensors. You may use this material only in the manner expressly authorized by us or our licensors.
This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.

VIRUSES, HACKING, AND OTHER COMPUTER MISUSE
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs, or any other technologically harmful material. You must not attempt to gain unauthorized access to the website, the server on which it is hosted, or any server, computer, or database connected to the website. You agree not to perform DoS (Denial of Service) attacks.

Failure to comply with this clause may constitute a criminal offense. In the event of a breach, we will report the violation to the relevant authorities and cooperate with them to identify the attacker. Likewise, your right to use the website will be immediately revoked.

To the fullest extent permitted by law and in accordance with consumer rights, we disclaim any liability for loss or damage caused by DoS attacks, viruses, or other technologically harmful materials that may infect your computer, equipment, data, or other material due to use of the website or downloading of content.

LINKS FROM OUR WEBSITE
Where our website contains links to third-party websites or resources, these links are provided solely for your information. We have no control over the contents of those sites and accept no responsibility for any loss or damage that may arise from their use.

WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send you be in writing. By using this website, you accept that communication with us will be mainly electronic. We will contact you via email or provide information by posting notices on this website.
For contractual purposes, you agree to this electronic communication and acknowledge that all contracts, notices, information, and other communications we provide electronically comply with any legal requirement for such communications to be in writing. This does not affect your statutory rights.

NOTICES
All notices to us should preferably be sent by email to: info@menafueco.studio.
Except as otherwise specified in clause 19, we may send you notices either by email or by post to the address you provided when placing the order.

TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding on both you and us, as well as our respective successors and assigns.

You may not transfer, assign, or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, subcontract, or otherwise dispose of a Contract or any of our rights or obligations under it, at any time. Any such action will not affect your statutory rights or any guarantees, whether expressed or implied.

FORCE MAJEURE
We will not be liable for any failure or delay in performing any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Events”).

A Force Majeure Event includes, without limitation:

Strikes, lockouts, or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat of war;
Fire, explosion, storm, flood, earthquake, landslide, epidemic, or other natural disaster;
Customs blockages;
Inability to use railways, shipping, aircraft, motor transport, or other means of public or private transport;
Inability to use public or private telecommunications networks;
Acts, decrees, legislation, regulations, or restrictions of any government;
Maritime, postal, or other relevant transportation incidents.

Performance of the Contract will be suspended for the duration of the Force Majeure Event. We will be granted an extension of time for performance equal to the duration of that period. We will take reasonable steps to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Contract may still be performed.

WAIVER
If we fail, at any time during the term of the Contract, to insist on the strict performance of any of your obligations under the Contract or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by you of any of your rights or obligations under the Contract or these Terms shall be valid unless it is expressly stated to be a waiver and is communicated in writing in accordance with clauses 19 and 20.

SEVERABILITY
If any provision of these Terms or any clause of the Contract is declared invalid, illegal, or unenforceable by a competent authority, such term, clause, or provision shall be deemed severed, and the remaining terms and conditions shall remain valid to the fullest extent permitted by law.

ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or written.

You and we acknowledge that, in entering into a Contract, neither you nor we rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms.

You and we agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement, save as expressly provided.

RIGHT TO MODIFY THESE TERMS
We reserve the right to revise and amend these Terms at any time.

You will be subject to the policies and Terms in force at the time you place your order, unless a change to those policies or Terms is required by law or governmental authority (in which case it will apply to orders previously placed as well).

GOVERNING LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through the site shall be governed by Italian law.

COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. Please send them to: info@menafueco.studio.

These general conditions are effective as of January 1, 2021.