Terms of service

OVERVIEW

Welcome to effeerrecreations – Handcrafted Jewelry!
The terms “we,” “us,” and “our” refer to effeerrecreations.
This shop and website are operated by Francesca Ruggiero, who manages all information, content, features, tools, products, and services available here to provide you – our customer – with a smooth shopping experience (the “Services”).
effeerrecreations is powered by Shopify, which enables us to offer these Services to you.

The following terms and conditions, along with any additional policies referenced herein (“Terms of Service” or “Terms”), outline your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they contain important legal information about your rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms or to the Privacy Policy, you may not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, and that you have given us your consent to allow any minors under your responsibility to use the Services on devices you own, purchased, or manage.

To use our Services – including accessing or browsing our online store or purchasing products and services we offer – you may be required to provide certain information such as your email address, billing details, payment method, and shipping information.
You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all necessary rights to share such information.

You are responsible for all activity that occurs under your account and for keeping your account credentials secure.
You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 – OUR PRODUCTS

We strive to present our products and services as accurately as possible in our online store. However, the way colors and product details appear may vary depending on the device you use to access the store and its settings or configuration.

We cannot guarantee that the product you receive will look exactly the same as it appears on your screen.

All product descriptions are subject to change at any time, without notice and at our sole discretion.
We reserve the right to discontinue any product at any time and to limit the quantities of any product or service offered, at our discretion, including by customer, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. effeerrecreations reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until effeerrecreations accepts it. Before accepting an order, we must receive and process payment.
Please review your order carefully before submitting it, as effeerrecreations may not be able to accommodate cancellation requests after the order has been accepted.
In case of rejection, modification, or cancellation of an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided when placing the order.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy.
You represent and warrant that you are purchasing for personal or family use only and not for resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and you can view it in your order confirmation email.
Unless otherwise stated, posted prices do not include taxes, customs duties, shipping, handling, or import fees.
Prices listed in our online store may differ from prices offered in physical stores or online stores operated by third parties. From time to time, we may offer promotions on our Services that affect pricing and are subject to separate terms and conditions. In case of conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made through our store, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, to allow us to complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete; (ii) you have the authorization to use the credit card for purchases; (iii) charges to your card will be honored by the card issuer; and (iv) you will pay all charges at the prices posted, including taxes, shipping, handling, and any other applicable fees.

SECTION 5a – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates and not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are handed over to the carrier, ownership and the risk of loss pass to you.

SECTION 5b – UNDELIVERED PARCELS OR INCORRECT ADDRESS

If a parcel cannot be delivered due to recipient absence, incorrect address, or failure to collect the package from the post office/pick-up point/courier within the specified timeframe, it will be returned to the sender. In such cases, any refund will be issued minus shipping costs (both ways, if covered by effeerrecreations) and any handling fees incurred.

SECTION 5c – RIGHT OF WITHDRAWAL (Consumers Only)

In accordance with Article 52 of the Italian Consumer Code, if you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods, without providing any reason.
Please note: under Article 59 of the Consumer Code, the right of withdrawal does not apply to custom-made or personalized products, or items that are not suitable for return due to hygiene reasons.

To exercise your right of withdrawal, you can send us a written notice via email at info(at)effeerrecreations.com or fill out the withdrawal form available HERE.

The refund may be withheld until we receive the returned goods, or until you provide proof of shipment — whichever comes first.
You must return the goods to Francesca Ruggiero without undue delay and in any case within 14 days from the date you communicated your withdrawal. You will be held responsible for any decrease in the value of the items resulting from handling other than what is necessary to establish their nature, characteristics, and functionality.
Items that are damaged or used — even partially — will not be eligible for return or refund.

If the right of withdrawal is exercised in accordance with the law, we will refund all payments received, including standard delivery costs (excluding any extra charges for non-standard shipping methods), within 14 days of receiving the withdrawal notice.

Note: If payment was made via PayPal, please be aware that any refund request — for any reason — will exclude PayPal fees (a fixed amount of €0.35 + a variable fee of 3.4% of the transaction).

Return shipping costs are the customer’s responsibility, unless otherwise stated.

SECTION 5d – LEGAL WARRANTY OF CONFORMITY

All products sold by effeerrecreations are covered by the legal warranty of conformity under Articles 128–135 of the Italian Consumer Code.
This warranty covers any lack of conformity that appears within 2 years from the delivery date. In the case of a defective or non-conforming product, the consumer has the right to request free repair or replacement, or — in specific cases — a price reduction or contract termination.

The warranty does not cover damage caused by misuse, neglect, or normal wear and tear.
Custom-made or personalized items are also covered by this warranty but remain excluded from the right of withdrawal under Article 59 of the Consumer Code.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services — including but not limited to trademarks, brand elements, text, visual content, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement — are the property of Francesca Ruggiero, her affiliates, or licensors, and are protected by applicable U.S. and international patent, copyright, and intellectual property laws.

These Terms grant you permission to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, or transmit any material from the Services without our written consent.

Unless expressly stated, these Terms do not grant you any license or right in or to any patents, trademarks, copyrights, or other intellectual property of Francesca Ruggiero, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Francesca Ruggiero.

The names, logos, product and service names, designs, and slogans of effeerrecreations are trademarks of effeerrecreations or its affiliates or licensors. You may not use these trademarks without written permission from Francesca Ruggiero. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans that appear within the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party tools through our Services which we do not monitor, control, or influence in any way.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new features or services (including the launch of new tools and resources). Such features will also be subject to these Terms and Conditions of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may include materials or links to third-party websites or services (including embedded features) that are not owned or controlled by us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave our Services to visit a third-party site, you do so at your own risk.

We are not liable for any harm or damages related to your access to, use of, or purchase from third-party websites or for their products, services, resources, or content.
Please carefully review the policies and practices of these third parties before engaging in any transaction. Any complaints, concerns, or questions related to third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

effeerrecreations is hosted by Shopify, which provides us with the platform that allows us to offer you our Services. However, any purchases you make from our Shop are transactions made directly between you and effeerrecreations.

By using the Services, you understand and agree that Shopify is not responsible for any aspect of the transactions between you and effeerrecreations — including, but not limited to, any injuries, damages, or losses arising from your purchase of products or services.

You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities related to or arising out of your purchases or interactions with effeerrecreations.

SECTION 10 – PRIVACY POLICY

All personal data collected through our Services is subject to our Privacy Policy, available here. Certain personal data may also be subject to Shopify’s Privacy Policy, available here.

By using the Services, you confirm that you have read and understood both our Privacy Policy and Shopify’s Privacy Policy.

As part of providing the Services, Shopify collects and processes personal data related to your access and usage of the Services in order to deliver and improve the experience for you. This may involve transferring and sharing your data with Shopify and third parties, some of which may be located in countries different from your own.

Please refer to our Privacy Policy for full details on how your personal data is handled by us, by Shopify, and by our partners.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a worldwide, perpetual, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any form and for any purpose, including commercial purposes.
For example, we may use this license to operate, improve, evaluate, and promote the Services, or to perform our obligations and exercise our rights as described in these Terms of Service.

You also confirm and agree that:
(i) you hold the necessary rights to all submitted Feedback;
(ii) you have disclosed any incentives or compensation received in exchange for the Feedback; and
(iii) your Feedback complies with these Terms.

We are not, and will not be, obligated to:
(1) keep your Feedback confidential;
(2) compensate you for any Feedback; or
(3) respond to any Feedback.

Although we have no obligation to do so, we may monitor, edit, or remove Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your Feedback will not infringe upon any third-party rights, including copyrights, trademarks, privacy, personality, or any other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, nor any viruses or other malware that could affect the operation of the Services or any related website. You must not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for the accuracy and legality of the Feedback you provide. We assume no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to update or change information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly, to:

• (a) engage in any unlawful or malicious activity;

• (b) violate any applicable laws or regulations;

• (c) infringe upon or violate our intellectual property rights or those of others;

• (d) harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against anyone, including our staff;

• (e) submit false or misleading information;

• (f) upload or use content that violates these Terms;

• (g) transmit unsolicited promotional material, including spam, chain letters, or similar solicitations;

• (h) impersonate someone else or misrepresent your identity;

• (i) engage in any activity that interferes with others’ use or enjoyment of the Services, or that we deem harmful to effeerrecreations, Shopify, or other users.

Additionally, you agree not to:

• (a) upload or transmit any viruses or malicious code that could affect the operation of the Services or related websites;

• (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services without our express written permission;

• (c) collect or track the personal data of others;

• (d) engage in any spam, phishing, pharming, pretexting, spidering, crawling, or scraping;

• (e) interfere with or bypass the security features of the Services, related websites, or the internet.

We reserve the right to suspend or terminate your access to the Services at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or suspend your access to the Services (or any part thereof) at any time, at our sole discretion and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY FRANCESCA RUGGIERO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FRANCESCA RUGGIERO, OR ANY OF OUR OR SHOPIFY’S AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.

WE SHALL ALSO NOT BE LIABLE FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Francesca Ruggiero, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees, brought by any third party due to or arising out of:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.

We will notify you of any indemnifiable claim, although failure to provide immediate notice will not release you from your obligations unless you are materially prejudiced. We may, at your expense, assume the defense and settlement of such a claim, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your prior consent (which shall not be unreasonably withheld). You agree to cooperate with us in the defense of any non-indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

The failure by Shopify to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment or transfer without such consent shall be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without notice or your consent.

SECTION 21 – GOVERNING LAW, LANGUAGE, AND JURISDICTION

These Terms and Conditions of Sale are governed by Italian law.

The sales contract is written in Italian; in the event of translation into other languages, the Italian version shall prevail in all cases.

For any dispute concerning the interpretation, validity, effectiveness, performance, or termination of the contract:

• If you are a consumer pursuant to Italian Legislative Decree no. 206/2005 (Consumer Code), the court of your place of residence or domicile within Italy shall have exclusive jurisdiction.

• If you are not a consumer, any dispute shall fall under the exclusive jurisdiction of the Court of Pisa, Italy.

EU Residents
Pursuant to EU Regulation No. 524/2013, consumers residing in the European Union may use the ODR (Online Dispute Resolution) platform, available at: https://ec.europa.eu/consumers/odr.
Use of the ODR platform is optional and does not affect your right to pursue a claim before the competent court as outlined above.

Non-EU Residents
For customers purchasing from non-EU countries, the contract is governed by Italian law, and any dispute shall be subject to the exclusive jurisdiction of the Court of Pisa, Italy, without prejudice to any mandatory provisions more favorable to consumers under their local laws.

SECTION 22 – HEADINGS

The headings used in this Agreement are for convenience only and shall not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms as required by applicable law. Such changes will take effect on the date indicated in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to: info(at)effeerrecreations.com

Our contact details are as follows:

Francesca Ruggiero
Via Vesalio 2, 56124 Pisa (PI), Italy
REA Number: PI-259397
VAT ID: IT12436460963