Terms of service
TERMS OF USE
The present website, accessible at the URL www.cynthiaabila.com (henceforth referred to as “Website”), is exclusive property of Cynthia Abila Studios, with registered office in Nigeria, Number 33 Ghana Street Maitama Abuja, Federal Capital Territory, 900271, TIN: 18949006-0001.
Accessing to the present Website, using it and navigating through its pages, automatically confer the status of User and imply the full acceptance of the present Terms of Use (contractual provisions regulating the use of the Website) as well as of the General Sales Conditions, the Privacy Policy, the Cookie Policy and any other note, legal notice, statement or disclaimer that may be published anywhere on the Website, which shall all be deemed legally binding for Website Visitors as provided under Nigerian law.
In any case, this Website is not intended for natural persons under 18 years of age.
Users who do not intend to accept one or more of the following Terms of Use are invited to immediately interrupt the use of the Website.
Users undertake to use the Website and any data, information or material available on the Website only for legitimate purposes, in accordance with the present Terms of Use, assuming all legal responsibilities that may arise from unlawful use of the contents and/or from the violation of any applicable legislation.
1. DURATION AND MODIFICATION OF WEBSITE TERMS OF USE
1.1 The content of the present Terms of Use can be modified, without notice, at the discretion of Cynthia Abila Studios; Users are therefore invited to constantly consult the present Terms of Use in order to be always informed about the conditions applied.
1.2 The present Terms of Use and any eventual subsequent modification that, in any case, will be published on the Website, shall remain in full force throughout Customer’s use of the Website and of its relative contents, materials and/or services.
1.3 Even after terminating the use of the Website, the following provisions of the present Terms will remain in force and continue to be binding, due to their ultractivity. In particular they concern:
a) the exclusion and limitation of Cynthia Abila Studios liability;
b) the law applicable to the contract and to its execution;
c) jurisdiction and competent Court to settle eventual disputes.
2. WEBSITE PURPOSES.
2.1 The present Website is based on commercial purposes: through it, Cynthia Abila Studios intends to sell Products exclusively to Consumers, that is to natural persons acting on the present Website for personal purposes unrelated to their own commercial, entrepreneurial or professional activity eventually performed. For this reason, Cynthia Abila Studios reserves the right to refuse to accept any purchase order proposal submitted by subjects other than the final consumer, as well as any other purchase order proposal not compliant with the present Terms of Use and with the General Sales Conditions.
3. SERVICE SUSPENSION OR INTERRUPTION.
3.1 Cynthia Abila Studios reserves the right to suspend or interrupt, temporarily or permanently, the functions of the Website at any time, including the access to the present Website, to its pages, contents or related services.
3.2 The User acknowledges that, for these operations Cynthia Abila Studios will in no way be liable towards users or third parties.
4. CONTENTS, COPYRIGHTS, TRADEMARKS AND DOMAIN NAMES.
4.1 The entire Website, including all its web pages, ideas, graphics, contents, audio-visual materials and, more in general, any other creative content related to the Website and to its services, are owned by Cynthia Abila Studios.
4.2 These contents cannot be reproduced, used or represented by the User, least of all for purposes that can be can be considered illicit and/or are expressly prohibited by the present Terms of Use, except in cases and within the limits expressly recognised by Cynthia Abila Studios or in cases and within the limits permitted by the law.
4.3 Users are granted the non-transferable and limited right of private and non-commercial use of the present Website and/or of its services.
4.4 All marks and distinctive signs identifying the Products sold on the Website are registered trademarks of Cynthia Abila Studios and are used on the present Website with the sole purpose of distinguishing, describing and advertising the Products on sale. Cynthia Abila Studios has the right to make exclusive use of the brands it owns.
4.5 Users are not authorised, unless otherwise provided by Cynthia Abila Studios or by any other owner of registered trademarks published on the Website, to use the above mentioned trademarks for distinguishing other goods or services, even if not similar to those available on the Website or belonging to other trademark owners.
4.6 Any unlawful or unauthorised use of the above mentioned trademarks is absolutely forbidden. Likewise, it is not in any way allowed to use these marks or any other distinctive sign present on the Website to take unfair advantage of the distinguishing character or repute of the trademark, or to be detrimental to the trademark or to its owner.
4.7 Cynthia Abila Studios undertakes to remove, as early as possible, any content declared unlawful by a Judicial Authority. Likewise it will be removed any content considered illicit as established in the sole discretion of Cynthia Abila Studios and eventually reported by Users. In this case, Cynthia Abila Studios will properly inform the competent authority
4.8 In case Cynthia Abila Studios would ascertain, directly or after Users’ report, the infringement of the relevant national and/or international legislation, it reserves the right to interrupt the access to the present Website, as well as to its specific contents and materials.
5. USERS’ OBLIGATIONS.
5.1 Users undertake to make diligent use of the present Website and of the services available therefrom, in full observance of Italian Law, good morals and the present Terms of Use, as well as of the General Sales Conditions, the Privacy Policy, the Cookie Policy and any other note, legal notice, statement or disclaimer that may be published anywhere on the Website.
5.2 All information provided by the User through whatever means, aimed at obtaining the provision of the services offered Cynthia Abila Studios, must be truthful and complete. In any case, the User will be solely responsible for eventual false and/or incomplete declarations, false and/or incomplete information provided, as well as eventual damages incurred by Cynthia Abila Studios or third parties.
5.3 Moreover, Users shall NOT (by way of non-exhaustive example): make use of tools, software or scripts that might be detrimental to the Website and to the tools used by Cynthia Abila Studios (and its technicians) for the provision of its services; violate or attempt to alter any aspect of the services provided on the Website; block, overwrite, modify or copy where it is not necessary for the proper use of the services provided on the Website; reproduce contents making use of “robot/crawler” search engines; reproduce and disclose Website contents to the public without prior authorization; manipulate data and contents present on the Website; undertake any action that might hinder the proper functioning of Cynthia Abila Studios’s infrastructure and of the Website; commit or encourage an offence; disturb other Users; send unsolicited material, also known as “spam”; transmit and/or spread any virus, trojan, worm, malware, logic bomb, or any other material that might be technologically harmful; violate confidentiality and privacy or be in any way obscene or offensive; infringe property rights, including industrial and intellectual property, of any person.
6. ACCOUNT CREATION
6.1In order to take advantage of certain services, Users can create a personal account, registering on the Website according to the following procedure:
6.4We specify that, in any case, as indicated in the General Sales Conditions, it is possible to purchase Products on the Website also without account registration, although this would imply the impossibility of using the information services described above.
6.5Users shall note that, after accessing to any Website section through a public computer (for example in a internet point, public library, university classroom, etc.), is advisable to carefully perform the log-out procedure after the last session of use; otherwise, other users of the same device may have access to the account previously used
6.6 Moreover, in case of access from mobile devices (for example: smartphone or tablet), through web browser or application, it is possible that, basing on device’s setting, the User account remains connected; we therefore suggest to protect your mobile devices with a password and, if lost or stolen, to use the remote data cancellation option (if available) to delete all personal information stored on the device and, ultimately, change the password of the account registered on the Website.
6.7Registered Users may, at any time and for any reason, request the cancellation of their account sending an e-mail to info@cynthiaabila.com; Users will receive the relative deletion confirmation via e-mail.
6.8 Account credentials (username and password) shall be used exclusively by the User and may not be shared with third parties; the User undertakes to retain these credentials with confidentiality, ensuring that no one can access them, and to promptly inform Cynthia Abila Studios in case he/she suspects or becomes aware of an unauthorised access or improper use of these credentials.
6.9 Each User can create only one personal account on the Website: is therefore expressly prohibited to make multiple registrations.
6.10 Cynthia Abila Studios reserves the right to delete a User account in case of violation of the present Terms of Use, or in case that the personal data provided by the User are not complete, truthful and correct, without prejudice to damages.
6.11 As already pointed out in paragraph 3.1 of the present Terms of Use, Cynthia Abila Studios reserves the right to suspend or interrupt, temporarily or permanently, the functions of the Website at any time, including the access to the present Website, to its pages, contents or related services, especially for security reasons.
7 . LIMITATION OF LIABILITY.
7.1 The present website and all related services are offered “as is” without any operation guarantee.
7.2 Users acknowledge that the use of the present website and of its services is at their own risk. In particular, Cynthia Abila Studios doesn’t provide any specific guarantee on eventual expected results, desired or achieved through the use of the present Website and of the relative services, and cannot be held liable for User’s claims related to the use or malfunction of the Website or of its services.
7.3 Also by means of its own appointed external representatives, Cynthia Abila Studios has adopted technical and organizational measures to protect the security and integrity of personal data relating to services, traffic and electronic communications, in order to avoid risks of damage or destruction of confidential data and information regarding Users, as well as unauthorised or non compliant accesses to these data and information.
7.4 The User acknowledges and agrees that Cynthia Abila Studios cannot be held in breach of its obligations or considered responsible in case of delays and malfunctions of the Website or of its services, as well as in case of damages, direct or indirect, caused to Users or to third parties, resulting from events occurring beyond the Seller’s reasonable and physical control, such as, by way of non exhaustive example:
a. malfunction and/or failure of the services provided by telecommunications operators and/or of the electrical equipment and lines, as well as of telephone and/or digital and cyber connections not directly managed by Cynthia Abila Studios or by persons acting under its responsibility;
b. malfunction of the terminals or other systems of communication used by the Customer;
c. actions undertaken by other Users or persons having access to the same Internet connection;
d. other events deriving from accidental circumstances and/or force majeure.
7.5. In case of interruption of the functionalities of the website, Cynthia Abila Studios undertakes to restore them as promptly as possible.
7.6. Cynthia Abila Studios takes all appropriate measures in order to prevent the publication on the Website of any contents, images, videos, sounds or graphics describing or representing scenes or situations of physical or psychological violence, or anything that could be deemed offensive to human dignity, freedom of sexual and religious expression, human and civil rights.
7.7. In any case, Cynthia Abila Studios does not guarantee that the above-mentioned contents are appropriate or lawful in other Countries outside Italy. If the User should identify the above-described situations, please do not access the Website. Nevertheless, in case the User decides to access the Website and use the services offered, this will happen exclusively under his/her own responsibility and freedom of choice.
8. THIRD-PARTY WEBSITES AND CONTENTS.
8.1. The Website may contain references (or links) to third-party websites, contents and materials stored on third-party servers, which are not in any way controlled or monitored by Cynthia Abila Studios, who therefore declines any possible liability related to these third-party websites’ content, operation, accuracy, lawfulness, reliability, privacy policy or other policies and disclosures.
8.2. The mere possibility of directly accessing from the present Website to third-party websites, contents and materials, does not in itself imply the approval or sponsorship of these. For this reason, the Seller shall not be liable for any loss, damage or cost incurred by the User or by third parties. Likewise, he does not guarantee that these third-party websites, contents and materials are regularly updated.
8.3. By deciding to access to third-party websites, contents and materials, the User acknowledges and accepts that the present Terms of Use, together with the General Sales Conditions, the Privacy Policy, the Cookie Policy and any other note, legal notice, statement or disclaimer that may be published anywhere on the present Website, are no longer valid for third-party websites, contents and materials.
8.4. Cynthia Abila Studios strictly prohibits the use of meta-tags and framing techniques on its Website pages, that is the display of a Website page into another website, preventing the recognition of contents’ authorship. The publication of a link to the Website, instead, shall only be permitted prior written authorization provided by Cynthia Abila Studios
8.5. Cynthia Abila Studios reserves the right to undertake any type of action necessary to protect its rights and legitimate interests in the event of pecuniary or non-pecuniary damages including, by way of non-exhaustive example, damages in terms of honour, reputation or image.
9. PERSONAL DATA PROTECTION ON THE WEBSITE.
Personal data belonging to Users/Customers will be treaded in accordance to the Privacy Policy.
For any further information about the treatment of personal data, you can contact the Seller at info@cynthiaabila.com.
9.1. Users can have access and browse the Website without revealing their identity or providing any personal data, unless otherwise required by the Cookie Policy and except for the purchase of Products offered on the Website.
9.2. In case the User wants to receive information or contact Cynthia Abila Studios he/she must provide some personal data and fill the specific contact form. Before submitting his/her own personal data, the User is invited to carefully read the Privacy Policy.
9.3. The User is invited to refrain from communicating, throught the contact form or via e-mail, any sensitive data or data belonging to special categories of data as intended by article n. 9 of the EU Personal data Protection Regulation 2016/679 (“General Data Protection Regulation” – GDPR).
9.4. Cynthia Abila Studios declares that the treatment of personal data, acquired during users’ browsing and use of Website services and functionalities, will take place, now and in the future, in full compliance with the obligations laid down in the Nigerian Data Protection Regulation and the UE Regulation 2016/679, according to the terms and for the purposes specified in the Privacy Policy which the User acknowledges and specifically declares to have read and accepted.
9.5. The Customer must always choose an address where someone is available to collect the package. If the Customer prefers to receive ordered Products at the office or at a reception, it must be communicated the name of the contact person. In case of unsuccessful delivery due to recipient’s absence and/or in case of address unavailability attributable to negligence on part of the Customer, the courier will leave a note with its contact details: the Customer must contact DHL courier to find out if a further attempt at delivery will be made or if the order will be deposited at a collection point (access point); if the Customer will not contact DHL or will not collect the order from the collection point, after a few days the package will be sent back to Seller’s warehouse. The Customer will be then contacted by the Customer Services Department to see if she/he wants the package to be delivered again. The courier cannot deliver to Post Office boxes or to Postal services.
9.6. The Seller delivers to worldwide Via DHL
9.7. Custom policies vary from Country to Country: in most cases, any customs or import duties are charged once the parcel reaches its destination Country; in such cases, the Seller has no control over these charges and all applicable fees. Taxes and duties are Customer’s responsibilities. For this reason, the Customer is warmly invited to contact local customs office, before making any order on Website, to be properly informed and avoid being surprised by unexpected charges. In some cases, Customer can be charged with insurance or handling fees: these are also charged by customs for unforeseen events. Please note that any charge on a parcel must be paid by the person receiving the parcel.
9.8. In case of order requiring Products delivery in areas that are not served by a regular shipping service, the Seller reserves the right NOT to accept the order.
9.9. The Customer is invited to indicate any eventual particular characteristic of the place where the Product is delivered and/or of its location. In case he/she doesn’t provide such indications, or in case such indications would be incorrect, any eventual additional cost incurred by the Seller in order to carry out the delivery of the Product will be at Customer’s expenses.
9.10. As soon as the Customer receives the ordered Products, the Seller invites him/her to carefully inspect the integrity of the package before signing as proof of delivery shipment.
9.11. In case the package or the packaging tape should be damaged, the Customer is invited to sign the delivery receipt as “subject to control” indicating the reasons for it (for example “squashed packaging” or “ripped packaging”), or to refuse the delivery. The receipt of Products without reserves, in fact, would prevent the Customer from taking legal action against the courier in case of loss or damage of the goods, unless such loss or damage is due to intentional or gross negligence on part of the courier and with the exception of partial loss or damages that are not visible at the moment of delivery. In this latter case, however, damages shall be notified immediately upon their detection and not later than eight days after receipt. In any case, the regulations concerning the right of withdrawal and the legal guarantee of conformity shall apply.
9.12. In case of delivery accepted with unauthorised signature or in case of package presenting evidence of tampering, the Customer shall immediately report the incident the courier’s competent local office and contact the Seller via e-mail at info@cynthiaabila.com.
10. MISSION AND COMMERCIAL POLICY.
10.1. The commercial policy of Cynthia Abila Studios consists in selling Products on this Website to the Users intended both as final Consumer, that is the natural person acting on the present Website for personal purposes unrelated to his/her own commercial, entrepreneurial or professional activity eventually performed, as well as Business, that is the juridical or natural person acting on the present Website for purposes related to her/his/its own commercial, entrepreneurial or professional activity.
10.2. In any case, Cynthia Abila Studios will not accept any purchase order proposal not compliant with the present Terms of Use and to the General Sales Conditions.
11. APPLICABLE LAW AND DISPUTE RESOLUTION.
11.1. The present Terms of Use, the General Sales Conditions, the Privacy Policy, the Cookie Policy, any other note, legal notice, statement or disclaimer that may be published anywhere on this Website, as well as the relations between Cynthia Abila Studios, owner of the Website, and the Users, shall apply Nigerian Law.
11.2. In any case, we inform European Users about the existence of a specific European platform for online dispute resolution (“ODR”) accessible at https://ec.europa.eu/consumers/odr/.
12. APPLICABLE LAW
12.1. Without prejudice to the application of the binding rules for consumer protection, the present General Sales Conditions are governed by Nigerian law.
12.2. In case of disputes between the Seller and any European User/Customer arising from the General Sales Conditions, we inform that the European Commission provides an online platform for out-of-court alternative dispute resolution accessible from the website http://ec.europa.eu/odr.
RETURN AND REFUNDS
10. RETURN OF NON-CONFORMING PRODUCTS
10.1. In case of ascertained non-conformity of the Product, due to noncompliance with the order, damages or defections previously verified by the Seller, the Customer, as already set out at point 6.5 of the present General Sales Conditions, the Customer is entitled to ask the repair or replacement of the non-conforming Product or, where these remedies are not possible or overly burdensome, he is entitled to require a reduction in the purchase price or the rescission of the sales contract.
10.2. In order to be able to ask the repair or replacement of non-conforming Products, the Customer must return them following the procedure described at the page “Returns and refunds”, in which a differentiation is made between orders submitted by a registered User (with user account) and orders submitted by a guest User (without user account). After receiving the request from the Customer, the Seller will provide a feedback via-email, communicating where and how to ship or hand-deliver the Product to the Seller and specifying that the Product itself will be subject to a careful conformity assessment.
10.3. Product return will be, in any case, at Customer’s expenses, including eventual additional costs due to importation taxes and/or customs duties.
10.4. The Seller reserves the right to request photographic proofs before authorising the return of non-conforming Products.
10.5. Once the returned Product is received, the Seller will verify the actual existence of damages or defections and will ascertain that these are not imputable to the Customer or to the normal use of the Product. In fact, the legal warranty excludes the so-called “subsequent defects”, that is defects resulting from normal use of the Product or due to its faulty or poor maintenance.
10.6. In case the Product presents flaws, defections or damages imputable to the Customer or to the normal use of the Product, the Seller will notify the Customer, via e-mail, specifying the reasons for the non-applicability of the legal warranty remedies and describing the modalities for the retrieval of the returned product, with relative total costs exclusively at Customer’s expenses. In this case, the Customer must reimburse the Seller of the costs incurred for Product return (conformity assessment and transportation).
I'M MISSING AN ITEM FROM MY ORDER. WHAT SHOULD I DO?
We’re sorry if there’s an item missing from your order. Before contacting our Customer Care team, please check the following:
- Separate parcels: We may have shipped your items in separate packages. Check your emails to see if some items are arriving separately.
- Out of stock: The item you ordered may have been out of stock. Please check your emails (including your junk/spam folders) to see if we've notified you about this.
- Multiple orders: If you’ve placed multiple orders close together and they are being shipped to the same address, your orders may have been combined and split across several parcels. You can check the tracking information to see if your orders have been shipped together.
If an item is still missing, please contact us with your order number and the missing item’s name and number. We will resolve the issue as quickly as possible.
I’VE CANCELLED MY ORDER. WHEN WILL MY MONEY BE AVAILABLE AGAIN?
If you've cancelled an order through your account, we will process your refund as soon as possible. However, depending on your chosen payment method at checkout, the time it takes for the money to become available again may vary.
CAN I RETURN AN ITEM IF I SIMPLY CHANGE MY MIND?
You have 3 days from the delivery date to request a return, for any reason. Please note, you will be responsible for the return shipping costs.
The product must be returned in the same condition as received: unworn, unwashed, unmodified, and with all labels and accessories intact.
We do not offer refunds, but you can exchange the item for another product of the same value or receive a store voucher for your next purchase. This also applies if you wish to change the size or color of an item.
I RECEIVED A DAMAGED OR FAULTY PRODUCT. WHAT SHOULD I DO?
If you receive a defective item, you can easily return it.
- If you are a registered user, log in to your account, go to "My Orders," select "Request Return," and specify the issue.
- If you are not registered, you can still return the item by selecting "Customer Services/Return" from the menu.
Once we receive and inspect the returned item, we will process the refund request. Please note that we cannot accept items that are not in the same condition as when received. We will keep you updated by email throughout the process until the refund is confirmed.
WHEN WILL I RECEIVE MY REFUND?
Once your returned item reaches our warehouse, the Quality Control Department will conduct the necessary checks.
If the return is approved, we will send you a confirmation email. You will be able to see the refund credited to your account within a few days.
TERMS OF SALES
The offering and sale of products included in the present website belonging to Cynthia Abila Studios (hereafter referred to as “Seller”), accessible at the URL www.cynthiaabila.com (hereafter referred to as “Website”), will be regulated and governed by the following General Sales Conditions.
We specify that these General Sales Conditions exclusively govern purchase orders for products available on the present website issued by Users and their acceptance by the Seller. These General Sales Conditions do NOT include the supply of services or the sale of products performed by parties other than the seller, even if present on this website or reachable through it via links, banners or other hypertext links. The seller is therefore NOT liable for the supply of services or the sale of products performed by the above mentioned third parties.
1. MISSION
1.1 The products offered and purchased through this website (hereafter referred to as “Products”) are directly sold by Cynthia Abila Studios, with registered office in Nigeria, Number 33 Ghana Street Maitama Abuja, Nigeria Federal Capital Territory, 900271, TIN: 18949006-0001, both to final consumers, that are the natural persons acting on the present Website for personal purposes unrelated to his/her own commercial, entrepreneurial or professional activity eventually performed, as well to businesses, that are the juridical or natural persons acting on the present Website for purposes related to her/his/its own commercial, entrepreneurial or professional activity.
1.2 Cynthia Abila Studios reserves the right to refuse to accept any purchase order not compliant with the present Terms of Use and General Sales Conditions, giving notice of the non-acceptance to the user involved.
2. CUSTOMER REQUIREMENTS
2.1 In order to be able to place orders on the present Website, the user (hereafter referred to as “Customer”) declares and guarantees to own the following mandatory minimum requirements:
a. having a minimum age of 18 years old or more;
b. owning and providing a valid e-mail address;
c. having the legal capacity to stipulate legally binding contracts, possibly in the name and on behalf of the entity she/he represents.
3. PURCHASE PROCEDURE
3.1 The purchase of Products on the Website may take place with or without account registration on the Website.
3.2 Account registration on the Website is free of charge and the related procedure is explained in detail at paragraph 6 of Terms of Use section
3.3 To finalize the purchase, choose each Product individually (in its right size) and click on “Add to cart”. The cart represents a virtual location for the user containing previously selected Products that are ready to be paid, either if the customer is a registered user or in case he decides to proceed with the purchase without registration.
3.4 Adding Products to the shopping cart does not guarantee the possibility to complete the purchase. Products in your cart will remain available for other online Customers until one of them will complete the purchasing procedure.
3.5 Products added to the cart by user might remain visible at the opening of the next browser session due to the presence of “cookies” (for more information about cookies, please consult our Cookie Policy ). However, this does not guarantee their actual availability: when the Customer will proceed with the order submission or when he will go back to cart page, she/he will receive an alert in case the Products selected should be run out of stock in the meantime.
3.6If available, Products can be added to the cart from any of the website sections they are displayed on (navigation by category, homepage, related products, etc.).
3.7When Products selection will be completed, the User must check and review all cart contents: to get access, click on the link “see cart” from the menu bar displayed on every page of the Website.
3.8The cart always indicates the total payable amount inclusive of all applicable taxes and fees.
3.9If after Customer’s verification the content of the cart corresponds to her/his actually desired Products, than he shall click on “Proceed to Checkout” displayed on the shopping cart page, or on “Checkout” displayed on the menu bar in every page of the Website. The word “Checkout” virtually represents the Seller’s cash register.
3.10If the customer has not yet logged in as a registered user, he can choose to complete the purchase in three ways:
a. as a guest User, without logging into an account;
b. logging into his personal registered account;
c. registering on the Website and then logging into his newly registered account.
Even in the first case, the customer will have to provide some mandatory personal data required to manage the order such as, purely by way of example, the shipping address and a valid e-mail contact.
3.11 The Checkout page provides:
1) data entry (by the User) relating to billing details, shipping address, and payment methods section, through which the Customer can choose the preferred payment method and receive all necessary information related to it;
2) order review, containing a summary of all order information, including Products, selected shipping and payment methods with related prices and the indication of the amount of taxes and fees.
3.12 By ticking/clicking the boxes “I have read and fully accept the Terms of Use and the Privacy Policy” and “by submitting my order I fully accept the General Sales Conditions”, and finally “Pay Now”, the User will complete the purchase procedure submitting the order to the Seller.
3.13 Without declaring to have read and accepted the Terms of Use, the Privacy Policy and the General Sales Conditions as indicated in the preceding point, it will not be possible to submit the order to the Seller.
4. CONCLUSION OF THE SALES CONTRACT
4.1 In order to finalize the sales contract, the User will have to send a purchase order via electronic means and through the Website, completing the relative order form present in the “Checkout” section and clicking on “Pay Now”.
4.2 Before proceeding with the order submission, the Customer can log in to her/his account and is invited, in any case, to verify and correct any eventual error committed during data entering.
4.3 The submission of the order requires and implies the full understanding and acceptance of the General Sales Conditions by the Customer, of which it is suggested the print and conservation.
4.4 When the order will be received by the Seller the sales contract can be considered as concluded, and the Seller will send to the Customer an automatic acknowledgement e-mail to confirm the receipt of the order made by the Customer (e-mail that for the sake of brevity will be referred to as “Order Receipt”), containing:
a. the General Sales Conditions applicable to the contract, available via link at the present webpage, containing terms and conditions for the exercise of the withdrawal right on behalf of the Customer and the recognition of the legal guarantee of conformity for the Products;
b. information about the essential characteristics of each ordered Product and its relative price (inclusive of taxes and fees);
c. Product shipping methods and relative shipping/delivery cost;
d. contact details of the Seller and of the customer service;
e. shipping time limit of the ordered Products.
4.5 Upon receipt of Customer’s order, Cynthia Abila Studios reserves the right to confirm the availability of the ordered Products and to check the details of previous transactions carried out by the Customer on the Website. In case the ordered Products are not available (or available on the Website when sending the order, but no longer available afterwards), or if for any other reason Cynthia Abila Studios could not fulfil the Customer’s order, Cynthia Abila Studios will immediately inform the Customer via e-mail and refund of the sum already paid by the Customer, using the same means of payment.
4.6 At the time of shipment, the Customer will receive a further e-mail containing indications about the courier in charge of delivery and the relative tracking number.
4.7 The order, and the subsequent sales contract concluded, will be stored in the Seller’s database for the time necessary for the performance of the contract and, in any case, within the terms of law. If the Customer is in possession of a personal account on the Website, he can have access to his order details, hence to the concluded sales contract, if the order has been submitted after previously logging into the account.
4.8 There is no formally binding commitment between the Customer and the Seller, therefore no contract shall be considered as concluded in case of evident and noticeable errors or inaccuracies committed during data compilation and order submission procedure, for facts imputable either to the Customer or to the Seller, and also for reasons beyond their responsibility (by way of example, but not limited to: errors or inaccuracies related to Customer data, identification and/or selection of Products and/or their relative quantity and/or price).
4.9 The sales contract is subject to the termination condition related to the non-payment of the purchase price by the Customer, according to which, in case the Customer doesn’t pay the amount due, the contract will be deemed legally terminated. The Customer will be immediately informed by the Seller via e-mail about the termination of the contract and the consequent order cancellation.
4.10 In any case, in the improbable event that a contract has not been concluded for whatever reason, generating nevertheless a payment transfer from part of the Customer, the Seller will provide the refund of the sum already paid by the Customer himself, using the same mean of payment. In case of cash-on delivery payment, the refund will necessarily have to be provided by bank transfer after contacting the Customer.
5 PRODUCTS SOLD, PRICES AND AVAILABILITY.
5.1 The Products that can be purchased from the Seller through the Website are all those items available on the electronic product catalogue uploaded on the Website and consulted by the User when sending the order.
5.2 Each product is described in detail on its dedicated information page, indicating also price and availability of the product itself.
5.3 Displayed product prices are in US dollar (however converted to a currency based on the location of the IP address) and include taxes and fees where applicable. Delivery costs (inclusive of applicable taxes and fees), which may vary according to the shipping method and/or payment method selected, will be specifically indicated: during the purchasing procedure, before the submission of the order from part of the Customer, and in the receipt of the order (“Order receipt”).
5.4 Product prices might be subject to updates as the Seller reserves the right to change the prices at any time. The User is therefore invited to verify Product prices before submitting the order.
5.5 The Seller reserves the right to change Product prices at any time without limitations, provided that the Product price charged to the Customer who has issued a purchase order corresponds to the one indicated in the order overview displayed to the Customer just before the submission of the order, as well as in the relative receipt, without taking into account any eventual modification subsequent to the order submission.
5.6 Despite the constant monitoring and updating of Products availability from part of the Seller, due to the fact that multiple users simultaneously visit the Website it might happen that different users purchase the same Product at the same time from the Website. In this latter case the Product might therefore remain available on the Website, during a short period of time, even if it is actually sold out or temporarily out of stock (for which an eventual re-stocking might be necessary).
5.7 In case the ordered Product is not available anymore for the above-mentioned reasons, the Seller will promptly inform the Customer via e-mail and the sales contract will have as its subject only other available Products eventually ordered or, in the absence of these, no contract will be concluded.
6. WARRANTEES
6.1. Products sold on the present Website are guaranteed by Cynthia Abila Studios, engaged in retail online sales operations through the Website (accessible at www.cynthiaabila.com).
6.2. Products sold on the website are in line with the corresponding market standards of quality; they are not used, defective or vintage. However, one must be aware that the clothing and accessories fashion industry is constantly evolving, and objects may be submitted to treatments that might render them inconsistent with quality standards according to Customers’ judgement. For this reason, Product descriptions provided on the Website will specifically include information about how the product is presented and its conditions if not compliant with market standards. Customers are therefore invited to always read the Product description or eventually ask information to our customer service by contacting info@cynthiaabila.com.
6.3. Images and colours of Products sold on the Website may not exactly correspond to the real ones depending on the Internet browser or on User’s device screen. The Seller disclaims any responsibility in relation to the possibility that the colours of the Products slightly differ from the real ones, due to any particular configuration or malfunctioning of the device, of the browser, of the device screen used, or due to limitations resulting from web data standardizations, such as to the reduction of information size related to image “colour space”, often smaller respect to human eye’s visual spectrum.
6.4. Products sold on the Website are covered by a legal warranty of twenty-four months (24) for defects of conformity, in accordance with the Law. The non-conformity defect of the Product shall be reported to the Seller within two (2) months from the date of detection, whether by registered letter with return receipt, certified e-mail (pec), or directly contacting our customer service (info@cynthiaabila.com). In case of ascertained non-conformity defect, prior verification by the Seller, the Customer is entitled to ask the repair or replacement of the Product or, where these remedies are not possible or overly burdensome, he/she is entitled to require a reduction in the purchase price or the rescission of the sales contract.
6.5. Regarding Product returns, the Customer can make reference to the information reported in paragraph 10 of the present General Sales Conditions.
7. PAYMENT METHODS
7.1. With regard to the payment of the Product price (inclusive of applicable taxes and fees) and of the relative delivery and shipping costs, the Customer can choose one of the following options as indicated in the “Checkout” section:
a. Credit Card.
7.2. Under no circumstances Customers will be charged of costs exceeding the ones effectively incurred by the Seller in relation to the selected payment method. In any case, the Seller reserves the indisputable right to suspend, without prior notice or justification, one or more of the above mentioned payment methods.
7.3. In order to finalize the purchase of the ordered Products, Customers must execute the following payment procedures: the Customer can remotely make use of the secure electronic payment system provided by Paystack, which accept all major credit card circuits including Visa/Visa Electron, MasterCard and American Express. By selecting this payment method, information related to payment is encrypted using SSL protocol (Secure Socket Layer). Paystack protect customer data ensuring that no financial information is transmitted to the Seller, who will not be able to record, store or get access to financial and personal details provided during the transaction. For any further information we invite the Customer to visit the websites of Paystack www.paystack.com. Products purchase price and related delivery costs will be debited to Customer’s account (Credit Card) within 24 hours of sending the order.
8. DISCOUNT COUPON CODES
8.1. The Seller can provide discount coupon codes denominated “Coupon Code” to Users registered on the Website. These Coupon Codes may only be applied to purchases made on the same User account through which a discount code is provided and registered, so they are strictly personal and non-transferable.
8.2. Coupon Codes can be generated in various ways without prior notice and will always be communicated individually to the User concerned.
8.3. Coupon Codes may not be cumulative: the Seller will specify whether and in which cases it is possible to use only one for each order.
8.4. The use of a Coupon Code might be conditional on a maximum expenditure limit that, in any case, will be indicated by the Seller (if established).
8.5. A Coupon Code shall not be applied to orders that have already been processed (that is to orders already placed and sent to the Seller’s system).
8.6. If the Customer is in possession of a Coupon Code he/she will have to enter the code in the appropriate space appearing in the final phase of the “Checkout” process and then click on “Apply Coupon”: the total amount of the final purchase price will be automatically updated.
8.7. Coupon Codes can represent discounts, promotions or other initiatives and can applicable in various ways: for example, a discount may be defined as a precise monetary value or as a percentage of the total purchase price. The Coupon Code expressed in monetary value cannot in any way be converted into money to be sent to the Customer, and will be applicable to a single purchase.
8.8. The specific conditions of use governing Coupon Codes will be specified at the time of their issuing.
9. PRODUCTS SHIPPING, DELIVERY AND DUTIES
9.1. Products’ shipping is subject to payment and, unless otherwise provided, this cost will be at Customer’s expenses. The amount of shipping costs related to a specific order is expressly and separately indicated (inclusive of all applicable taxes and fees) during the purchase process and in the order review, displayed to the Customer before proceeding with the order submission. Shipping costs are calculated automatically at the “Checkout” page when both the destination and delivery services are selected.
9.2. Products shipping will take place only and exclusively after the receipt of the payment by the Customer.
9.3. Delivery time is usually within 3-6 working days but in these times, keeping our staff and customers safe is our utmost priority so our delivery time is a little longer than usual (5-7) working days depending on your location.
9.4. The Products are delivered by the courier DHL from Monday to Friday during office hours. Dispatches and deliveries are not made on Saturdays, Sundays or national holidays. At the time of shipment, the Customer will be provided with a tracking number, in order to be able to monitor the status of his/her order shipment. In the order confirmation email, there is the Tracking Number, a code that allows the Customer to track the package in real-time on the courier website. If registered with an account, the Customer can follow her/his order directly from the “My Orders” section.
COOKIES POLICY
Cynthia Abila Studios, with registered office in Nigeria, Number 33 Ghana Street Maitama Abuja, Federal Capital Territory, 900271, TIN: 18949006-0001, in its quality as data controller, provides to the Users of the Website www.cynthiaabila.com (hereinafter referred to as “Website”), some useful information about the cookies used therein.
What are cookies?
“Cookies” are small text files automatically created when accessing to a specific Website, with the aim of carrying out electronic authentications, monitoring sessions and storing specific information about the User and his/her web-browsing.
More specifically, cookies are sent from the visited Website server (the physical location in which the website is stored) to the User’s browser (Microsoft Edge, Mozilla Firefox, Google Chrome, Safari, etc.); they are locally stored into the User’s computer, to be then retransmitted to the same Website server upon subsequent visits to the Website.
While browsing, Users might also receive, on their terminal equipment, cookies belonging to other websites (third party cookies), directly set and used by these websites operators, according to the terms and for the purposes defined by them.
Lastly, cookies may remain stored on Users’ computers for long or short periods of time, depending on their characteristics.
Types of cookies.
How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this Website. Therefore, it is recommended that you do not disable cookies.
The Cookies set in the Website
. Account related cookies
If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
. Login related cookies
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
. Email newsletters related cookies
This Website offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
. Orders processing related cookies
This Website offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
. Surveys related cookies
From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.
. Forms related cookies
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
. Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
Third Party Cookies
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
• This Website uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
• Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
• From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
• As we sell products it is important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
• The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google AdSense see the official Google AdSense privacy FAQ.
• We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.
• Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
• We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
Processing method.
The processing is performed with electronic and automated tools, avoiding disclosure, but with communication to third parties, according to the purposes above descripted for each third-party cookie.
Provision of data.
Except for technical cookies strictly necessary for normal browsing, the provision of data depends on the will of the person who decides to browse the website after having read, during access, the brief information contained in the appropriate banner.
To avoid the installation of cookies you can disable this function through the special functions available on your browser (see section “Disabling cookies” below).
Acceptance and consent to data processing.
Acceptance and consent to the processing of information through cookies is done by viewing the relative banner on the website and clicking on the ACCEPT button.
Disabling cookies.
Notwithstanding the foregoing, in relation to cookies strictly necessary for browsing, in order to proceed with the deactivation of cookies and/or choose the desired level of blocking, the User shall use his/her own browser changing the relative settings. Below you can find links to the main browsers currently on the market for changing session settings.
GOOGLE CHROME
Italiano: http://support.google.com/chrome/answer/95647?hl=it
English: http://support.google.com/chrome/bin/answer.py?hl=eng&answer=95647
FIREFOX
Italiano: https://support.mozilla.org/it/kb/Gestione%20dei%20cookie
English: http://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
MICROSOFT EDGE
Italiano: https://support.microsoft.com/it-it/help/4027947/windows-delete-cookies
English: https://support.microsoft.com/en-us/help/4027947/windows-delete-cookies
SAFARI
Italiano: https://support.apple.com/it-it/HT201265
English: https://support.apple.com/kb/PH17191?viewlocale=it_IT&locale=en_US