Terms and Conditions
General terms and conditions
By using the services, you accept the Terms of Service, which we may update from time to time. We ask you to check this page on a regular basis in order to view any amendments made to the Terms and Conditions. If you continue to access and/or use this website after having been informed of such amendments, acceptance of the amendments will be considered implicit.
Return for not compliant or damaged products
If you receive a damaged or unrequested product, please indicate this clearly as the reason for returning the product during the return request online, following the instructions to complete the return request online; you will be asked to upload images which clearly show the defect or error. At the end of the procedure you will receive a confirmation email with the Return form to be included in the package.
Intellectual property, software and contents
The contents of www.claytonitalia.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on www.claytonitalia.com, including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, the diagrams, layouts, methods, processes, functions and software that are part of www.claytonitalia.com, are protected by copyright and all other intellectual property rights. The total or partial reproduction, in any form, of www.claytonitalia.com and of its contents is strictly forbidden without the express consent in writing of Essemoda. Use of www.claytonitalia.com is restricted to viewing the website and its contents. You are, moreover, authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of www.claytonitalia.com and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using www.claytonitalia.com and its contents. You are not, however, authorised to reproduce all or part of www.claytonitalia.com and its contents on any medium. Any reproduction must each time be authorised by Essemoda or, when required, by the authors of the individual works contained on the website. These reproductions shall in any case be made for legal purposes and in observance of copyright and other intellectual property rights of the operator and of the authors of the individual works contained on the website. The authors of the individual works published on www.claytonitalia.com have, at any time, the right to claim the authorship of their works and to oppose any distortion, mutilation or other modification of the works themselves, including any damage to the works, that compromises their honour or reputation. You undertake to comply with the copyright of the artists who have decided to publish their works on www.claytonitalia.com or who have collaborated with www.claytonitalia.com in the creation of new expressive and artistic forms for publication, albeit not exclusively on the website, or which form an integral part of the website. Moreover, you are not, in any case, authorised to use the contents of the website and any individual work protected by copyright and by any other intellectual property rights in any way or form. By way of example, you may not alter, or in any other way change, the contents and protected works without the consent of Essemoda and, where necessary, of the individual authors of the works published on www.claytonitalia.com.
Trademarks and domain
All the distinguishing marks of the products sold on www.claytonitalia.com and present on the website are registered trademarks of their respective owners and are used on www.claytonitalia.com solely for the purpose of distinguishing, describing and advertising the products on sale on www.claytonitalia.com. Any use of said trademarks in violation of the law, insofar as it is unauthorised, is prohibited and is civilly and criminally punishable. You may not in any way use said trademarks or any other distinguishing marks present on www.claytonitalia.com to gain undue advantage from the distinctive character or repute of these trademarks or in such a way as to damage them or their owners.
Every purchase on www.claytonitalia.com is extremely secure because advanced technological and encoding systems (SSL) are used. You can also rely on the use of VeriSign certificates. To protect your credit card purchases, you will always be asked to enter your CVV code. If you have previously saved a credit card, you will not be asked for your CVV code again when purchasing. The saving of credit cards and payments is managed by Banca Sella Holding S.p.A, Registered office: Piazza Gaudenzio Sella, 1 – 13900 BIELLA, Italy. Essemoda uses secure connections only, as shown by the padlock symbol appearing in the browser and the prefix “https” in the address bar. Moreover, for greater security, all orders made using a credit card or debit card must be approved by www.claytonitalia.com. Our payment department may contact you, identifying itself, for further details on payment before confirming the order.
We implement a complaint management procedure to try and resolve any disputes as soon as they arise. Please inform us if you have any complaints or comments by contacting the Customer Service at firstname.lastname@example.org. The Terms of Sale are governed by Italian law and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to regulations governing distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on some aspects concerning electronic commerce.
Improper use of this site is forbidden. It is prohibited to: commit or aid and abet a crime; transmit or spread viruses, trojan horses, worms, logic bombs, or publish any other material that is damaging or harmful from a technological point of view, that violates confidentiality or is in any way offensive or obscene; violate any aspect of the Services; alter data; cause disturbance to other users; violate the property rights of any party; send advertising material or other unsolicited material, commonly known as “spam”; try to influence the performance or functionality of the IT structures of this website or other sites possible to access through this website. Violation of this provision may constitute a crime pursuant to the Italian Penal Code. Essemoda will report any such violations to the competent authorities and, if requested, will inform them of your identity according to the information in its possession.
Exclusion of liability
Essemoda adopts all reasonable measures necessary to ensure that this website and its Contents are free from viruses and defects, but cannot ensure that the user’s computer, hardware and software components or any data stored in or created by the computer, hardware or software component (jointly, “Equipment”) will not be damaged, corrupted, lost or sustain any other consequences following access to or use of this website and any of its Contents. Essemoda recommends users to take all necessary precautions to protect their equipment when using the website or its Contents, for example by installing reliable antivirus software.
If any part of the Terms and Conditions should be invalid (including any measure in which we exclude our liability to you), this will not affect the effectiveness of any other part of the Terms and Conditions, and all the other clauses will remain in force for all practical purposes. As far as possible, if any clause or part thereof may be deleted to make the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you accept that the clause is rectified and interpreted in such a way as to reproduce its original meaning as far as possible, to the extent permitted under law.
Even if we do not take any action in the event of a violation of these Terms and Conditions, we will still be entitled to enforce our rights and seek remedies in the event of any other violation of these Terms and Conditions.
Applicable law and place of jurisdiction
These Terms of Service must be interpreted in conformity with current law in Italy. In the event of any dispute or claim associated with these Terms of Service, the Naples court shall have exclusive jurisdiction over such dispute or claim, except for purchasers qualifying as consumers for which the court of residence of the consumer / user will be exclusively competent. The General Terms of Sale are governed by Italian law and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to regulations governing distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on some aspects concerning electronic commerce.