These General Terms and Conditions of Use and Sale (hereinafter, the “Terms of Use and Sale”) govern -on the one hand- the terms and conditions of sale of goods and services (hereinafter, respectively, the “Products” and “Services”) offered by Creativemamy sas through the website www.creativemamy.com (hereinafter, the “Website”).

CreativeMamy is a Web platform for online sales of Products and Services offered.

Selling party is Creativemamy sas – below, “CreativeMamy” – (Tax code FR73900064735 – VAT number FR73900064735), an Italian company with its registered office in 119, Rue Notre Dame - 27130 Verneuil sur Avre (Email: info@creativemamy.com).

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Anyone who browses the Web Site without being registered or authenticated there is considered a user (hereinafter, “User”). By accepting these Terms of Use and Sale, you consent to the registration by CreativeMamy of your personal information in the “Web Users” file, and thereby acquire the status of “Customer” of CreativeMamy.

CreativeMamy provides information about Products and Services, of CreativeMamy, and offers the opportunity to purchase said Products and Services through the Website. Individuals who wish to browse within the Website or make a purchase of Products or Services must have “Customer” status, which is acquired by completing the registration form, agreeing to these Terms of Sale and Use, the Privacy Policy, and the Cookie Policy.

The Customer or User who accesses the Website and/or makes a purchase of Products and Services through the Website accepts and is bound by the Terms of Use and Sale as they appear at the time they access the Website.

All Customers or Users accessing the Website must be over sixteen years old and have sufficient legal capacity to enter into contracts.

When a Client starts the browsing session, CreativeMamy uses cookies so that browsing is simplified, and the choices previously introduced by the Client do not have to be introduced each time.
These cookies are restored each time the Customer accesses the Website and have an approximate lifetime of one month. Even so and as a security measure, if the Client tries to access private and sensitive sections, such as “My Account” 30 min after the session begins, CreativeMamy will solicit identification to be able to access said sections. If the Client does not wish his or her session to remain open, he or she may close it by clicking on “log out” in the menu at the top right of the Website at any time.

CreativeMamy operates through the Website exclusively throughout the territory of Italy (with the exception of the cities of Livigno and Campione d’Italia and the territory of the Republic of San Marino) (hereinafter, the “Territory”). CreativeMamy distributes Products exclusively within the Territory.

Product and service information

Descriptions of the Products and Services offered on the Website are made based on information and documents made available by suppliers and collaborators of CreativeMamy.

Photographs, graphic or iconographic representations and videos relating to the Products and Services, as well as trade names, distinctive signs of any nature contained on the Website, are intended to provide as much information as possible to the Customer.

In the event that, due to circumstances of force majeure or for reasons attributable to CreativeMamy, the Product or Service is not available after the purchase has been made, CreativeMamy will inform the Customer by e-mail of the total or, if applicable, partial cancellation of the order. In case of total cancellation, the total amount of the order will be refunded, while in case of partial cancellation only the price of the unavailable Products or Services will be refunded.

Product prices

Prices of Products offered through the Website include VAT and any other applicable taxes. However, these prices do not include the cost of shipping the Products. They are detailed during the payment procedure and must be accepted by the Customer when placing the order.
CreativeMamy reserves the right to make changes to its prices at any time. Products will be invoiced at the price in effect at the time the order is placed.

Product purchasing and order formalization

The Customer’s purchase of Products through the Website must be made by following the procedure outlined therein.

CreativeMamy will send, within twenty-four (24) hours, an email confirming receipt of the order and the purchase made. The order for Products and, consequently, the purchase of Products will be considered formalized and finalized upon receipt of payment by CreativeMamy.

Payment of products

The Customer shall make payment by Visa, Mastercard, Visa Electron and/or other similar credit or debit cards, or through the PayPal or Stripe systems, or through a SEPA bank transfer.The document proving the purchase corresponding to the order of the Products will be available and can be viewed in the Section: “My Account >My commands.” From this Section the Customer can also download the invoice for the order. The financial institution issuing the card with which payment is made must be an Italian bank or savings bank, or an Italian branch or subsidiary of a foreign financial entity.

The Customer must notify CreativeMamy, by email, of any undue or fraudulent charges to the card used for purchases on the Website as soon as possible in order to allow CreativeMamy to put in place such procedures as it deems appropriate.

CreativeMamy uses the highest commercially available security measures in the industry. In addition, the payment process takes place on a secure server using SSL (Secure Socket Layer) protocol. The secure server establishes a link that allows the transmission of encrypted information using 128-bit algorithms, which ensure that it is intelligible only to the Client’s computer and the Website’s computer. Thus, using the SSL protocol ensures:

  1. (i) That the Client is communicating its data to the central server of CreativeMamy and no one else.
  2. (ii) That between the Client and the central server of CreativeMamy the data be transmitted in encrypted form, preventing the

possible reading or manipulation by third parties.

In addition, CreativeMamy declares that it does not have access to and does not record sensitive data related to the payment method used by the Customer. Only the entity processing the payment has access to this data, for payment and collection management purposes. Once the purchase procedure is completed, a printable electronic document is generated by the Customer with which the contract is formalized and it is filed in the Section: “My Account > My Orders”.

CreativeMamy has implemented a program for detecting possible fraudulent transactions and reserves the right to request additional information, confirmations and/or documents from Customers, even after they have made one or more purchases on the Website, by telephone call or e-mail message addressed to the number or account indicated by the Customer, in order to receive confirmation that the Customer has actually made and authorized said purchase(s) and/or that the delivery or return of said purchase(s) has been correctly made, thereby finally authorizing the corresponding transaction(s). In this context, by way of example and not limitation, CreativeMamy may request confirmations of the Customer’s identity by telephone, or request: (a) a written confirmation or authorization signed by the Customer responsible for the relevant purchase(s); and (b) a copy of the Customer’s valid identity document bearing a photograph, in order to have confirmation of the Customer’s identity. CreativeMamy is required to store such information and documents with the highest security measures at its disposal, in accordance with the provisions of the current Personal Data Protection Law.

In the event that the Customer does not confirm his or her identity or does not send to CreativeMamy the requested documentation and information within 48 hours from the time of the telephone request or sending of the e-mail message, the transaction(s) referred to in said notice and the corresponding order(s) may be automatically cancelled without the need for subsequent notice, and CreativeMamy will proceed to automatically refund the amount(s) paid by the Customer for said purchase(s).

Said procedure is intended to ensure the safety of the Clients of CreativeMamy, therefore, the Customer, by accepting these Terms of Use and Sale, agrees to submit to the aforementioned procedure of detection of possible fraudulent transactions, raising CreativeMamy from any responsibility in this regard, and likewise authorizes CreativeMamy to use – for future transactions carried out by the Customer itself – the additional information and documents that the Customer has provided in accordance with the above.

Cancellation of orders

Order cancellations will not be accepted if the order is in preparation. In the above assumptions, the Customer may exercise the right of withdrawal by returning the Products once they have been delivered to him.

CreativeMamy reserves the right to cancel an order in the cases and subject to the terms and conditions set forth in Section: “Payment for Products” of these Terms of Use and Sale.
CreativeMamy undertakes to deliver the Product in perfect condition to the address indicated by the Customer which, in any case, must be within the Italian Territory. Delivery will normally be made at street level. In order to optimize the delivery process, the address given by the Customer must be an address at which delivery can be made during normal business hours.

If at the time of delivery of the Product to the given address the Customer (or authorized person) is not present the transportation company will make a second delivery attempt the next day. If the Customer (or authorized person) is not present for this second attempt as well, the shipment will be placed in storage at the nearest logistics warehouse owned by the transportation company. After the time specified from the date of the notice (which in no case will be less than seven (7) calendar days), the Customer will not have contacted CreativeMamy to arrange a new delivery date, the Products will be returned to the warehouses of CreativeMamy and the Customer will have to bear the shipping and return costs.

CreativeMamy shall not be responsible for errors or damage caused at the time of delivery if the address given by the Customer does not match the Customer’s desired delivery location.

If an order includes multiple Products, CreativeMamy may make delivery of such Products at various different times and dates, subject to the delivery deadline communicated pursuant to paragraph (ii) below.

In the event that, upon receipt of the ordered Products, the Customer notices that the packaging is damaged or, once the packaging is opened, that the Products are damaged in transit, or different from those ordered, or, again, that Products related to the same order are missing, the Customer shall notify CreativeMamy Within a period of 5 natural days after delivery.

(ii) Delivery terms

CreativeMamy will inform the Customer of the delivery deadline before the conclusion of the purchase procedure.

CreativeMamy does not make Product deliveries on Saturdays, Sundays, national, regional and local holidays.

CreativeMamy will inform the Customer, by sending an email to its email address, of the date of departure of the Products from the warehouses of CreativeMamy and the contact details of the transport company that will make the delivery.

After 20 calendar days have elapsed since the agreed delivery date without the Customer notifying CreativeMamy that the Customer has not received the Products, the Customer shall be deemed to have correctly received said Products.

Delivery shall be deemed to have been made from the time the Product is made available to the Customer at the place of delivery indicated by the Customer or at the corresponding pick-up point.

The risk of the Products (among others, loss, compromise, or theft) transfers to the Customer from the time the Products are made available to the Customer at the place of delivery.

Return of products – Right of withdrawal

(i) Return procedure

The Customer shall have a maximum of fourteen (14) calendar days from the date of delivery of the Product to withdraw, in whole or in part, from the contract for the purchase of Products, in accordance with applicable law.

The Customer has 14 calendar days from the notice of withdrawal to return the Product(s) to CreativeMamy. If the return is not made within that period, CreativeMamy will not accept returns of Products and the withdrawal becomes ineffective.

For health and hygiene reasons, returns of underwear such as briefs, culottes or boxers, which are not delivered in sealed packages, cannot be made. Nor is it permitted to return Products delivered in sealed packages when for reasons of hygiene or health the same are not suitable for return and whose packaging has been tampered with or opened after delivery.

For withdrawal to be exercised, the Product must be in the same condition in which it was delivered, with the original packaging and labels. The Customer must send the Product in the same or similar packaging in which it was received. The package must include the return note of the Products.

The return procedure is very convenient:

  1. access My Account > My Orders > Return (under the order to be returned);
  2. From the drop-down menu, choose the item to be returned;
  3. Indicates the Reason for return;
  4. Click Add Item to Return, to add more products to return;
  5. Once completed, press Submit;
  6. We will send a courier to pick up the products to be returned to the chosen address

(ii) Price refund

In the event that the Customer exercises the right of withdrawal, the Customer shall be entitled to a refund of the price of the returned Products, in addition to the ordinary shipping costs provided that the requirements set forth in the Terms of Use and Sale are met and the returned Products are in the same condition in which they were delivered, have not been used (except as necessary for the purpose of verifying their conformity with their description), washed, damaged, removed from the packaging – when for reasons of hygiene or health the same are not suitable to be returned – or lost before arriving at the premises of CreativeMamy.

If the right of withdrawal is exercised, the Customer will have to bear the shipping costs for the return. The return fees listed here can be changed by CreativeMamy at any time.

CreativeMamy will verify in its warehouse the suitability of the returned product, reserving the right not to make a refund if it finds that the Product purchased and the returned Product do not match, or that the return was not made in accordance with these Terms of Use and Sale.

Partial returns of an order will result in corresponding partial refunds of the price and shipping charges. Shipping costs will be refunded in proportion to the value of the returned product.

In case of withdrawal, CreativeMamy will make the refund of the price and shipping costs through the same payment system used by the Customer for the purchase of the Products, within forty-eight (48) hours from the confirmation of arrival at the warehouse of the returned Product(s) and, in any case, within a period not exceeding 14 calendar days from the day on which the Customer communicated the withdrawal. Making a refund of the price and shipping charges to the Customer’s account or card depends on the card and issuing entity. The time limit for making the price refund shall be a maximum of seven (7) calendar days for debit cards and thirty (30) calendar days for credit cards.

Deliveries not in accordance with orders

(i) Return of products

The Customer shall be entitled to a refund of the price, shipping and return charges for the return of defective Products or Products delivered that do not correspond to the order placed by the Customer, in accordance with applicable law.

In such cases, the return of the Products to CreativeMamy may be made in the manner provided in the paragraph “RIGHT OF WITHDRAWAL – (i) Return Procedure,” or by contacting customer support. In case of return of defective Products, that is, that do not correspond to the order placed by the Customer, CreativeMamy will bear the transportation costs for the return of the Products, provided that such return takes place within the Italian Territory (including islands).

Conformity warranty for defective or nonconforming products

(i) Contents of the Legal Guarantee of Conformity

The Products are covered by the legal warranty in the event of non-conformity of the same if it manifests itself within a period of two (2) years from the date of delivery and in line with the provisions of the regulations in force. The Customer must inform CreativeMamy of the non-compliance within two (2) months of becoming aware of it.

The warranty offered corresponds to that specified by the Consumer Code (Legislative Decree 206/2005) in Articles 128 to 132.

In the case of non-conforming Products, CreativeMamy cannot offer replacement. In such a case, the Customer shall be entitled, at his or her option, to a price reduction (according to a percentage to be agreed with CreativeMamy based on the circumstances) or to termination of the contract, which entails full refund of the price of the defective or nonconforming Product and shipping costs.

(ii) Client’s Obligations Regarding Warranty

The Customer shall, at all times, follow the instructions for the proper use and care of the Product.

The Customer will be able to make use of the warranty on a Product according to the current regulations on the warranty of consumer goods. In case of doubt, the Customer may contact CreativeMamy for assistance regarding the steps to be followed and the information necessary for filing conformity warranty claims.

(iii) Exclusions

The warranty does not cover defects caused by negligence, improper use or handling, accidents, improper use and care, or perishable materials or Products, worn out through normal use, or perishable. Also excluded from the warranty are Products modified by the Customer or any other person not authorized by CreativeMamy.

Among other cases, the Customer will not be entitled to exercise the warranty of the Products and, consequently, it will not be applicable:

(a) in the absence of proof of purchase of the Products;

(b) if the identification number and the Product under warranty are manipulated or repaired without the knowledge of CreativeMamy;
(c) if any details of the warranty provided or proof of purchase of the Products are changed, altered or replaced. To take advantage of the warranty, it is essential to retain proof of purchase of the Products.

Intellectual and industrial property

“CreativeMamy” is a trademark registered with the Patent and Trademark Office…, therefore any use by third parties of the same or any similar identifying mark that may cause confusion as to its origin or ownership is expressly prohibited without the prior written permission of [UG2] S.r.l.

The website “www.creativemamy.com” is a domain registered by Creativemamy sas Such domains and the trademark “CreativeMamy” may not be used, without the express prior written permission of the owner, in connection with any other Products or Services that are not of CreativeMamy, so as to cause confusion among our Customers or discredit CreativeMamy and its related companies.

CreativeMamy holds all rights to the content, design, and source code of the Web Site including, but not limited to, photographs, images, text, logos, designs, trademarks, trade names, and data on the Web Site.

The content of this Web Site is also considered computer software and, consequently, the relevant Italian and European Community regulations also apply to it.

total or partial reproduction of the Website, including through hypertext links, as well as any part of the content without the express prior written permission of CreativeMamy is expressly prohibited.

Copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action involving a violation of current Italian and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the site without the prior explicit authorization in writing of CreativeMamy.

CreativeMamy informs that it does not grant any explicit or implicit license or authorization over intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the content on the Website.

Responsibility of CreativeMamy

CreativeMamy assumes no liability arising from, but not limited to:

a) from the use that Customers or Users may make of the materials on the Website or sites indicated through links, whether or not they are prohibited, in violation of the intellectual and/or industrial property rights of the contents of the Website or third parties;

b) from any damages and prejudices caused to Customers or Users as a result of normal or abnormal use of search tools, organization or localization of content and/or access to the Website and, in general, errors or problems caused in the development or implementation of technical elements that the Website or a program may make available to the Customer or User;

(c) by the contents of pages that Customers or Users can access through links placed on the Website, whether authorized or not;

(d) by the acts or omissions of third parties, regardless of whether such third parties may be contractually bound to CreativeMamy;

e) from access by minors to the content on the Website, it being the responsibility of parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install tools to control the use of the Internet in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization of parents or guardians;

(f) from errors or delays in the Customer’s access to the Website when entering its data in the purchase procedure, from the slowness or inability to receive from the Customer’s order confirmation or from any anomaly that may occur when such events are due to Internet network problems, fortuitous event or force majeure, or any other unforeseeable event independent of the good faith of CreativeMamy;

g) from defects or problems that may occur in communications, deletion, or incomplete transmissions, reason why it is not guaranteed that the services of the Website are constantly operational;

h) from errors or damage caused to the Website by inefficient and bad faith use of the service by the Client or User;

(i) from non-operation or problems with the e-mail address provided by the Customer for sending the order confirmation.

CreativeMamy undertakes to solve problems that may arise and to offer all necessary assistance to the Customer to arrive at a quick and satisfactory solution to the inconveniences that may occur on the Website.

CreativeMamy also has the right to carry out, at defined intervals, promotional campaigns to encourage the enrollment of new members in its service. CreativeMamy reserves the right, always in compliance with applicable regulations, to modify the conditions applicable to the promotions, to extend them after due notice, or to proceed to the exclusion of any participant in them in case it finds anomalies, abuses or unethical behavior in the participation of the same (such as, for example, fraudulent activity).

Partial invalidity

In the event that any clause of these Terms of Use and Sale is declared invalid, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Terms of Use and Sale.

The failure of CreativeMamy to exercise any right under these Terms of Use and Sale shall not be construed as a waiver of such right, except in the case of an express waiver in writing by CreativeMamy or a statute of limitations on the action, as the case may be.

Modification of conditions of use and sale

CreativeMamy reserves the right to change, at any time, the layout and configuration of the Website, as well as the Terms of Use and Sale and the Privacy Policy and Cookies Policy.

Any change that involves updating the information due (to Users or Clients) or that involves the collection of consent, will be communicated according to the contact channels acquired in order to update the ‘information due or to acquire consent, if any.

Where the acquisition of consent becomes necessary in the future, in dependence of a different use of the personal data obtained or even as a result of evolution or interpretation of the rules governing privacy matters, CreativeMamy will communicate according to contact channels the need for it, updating the information and enabling the appropriate provision of consent.

Customers and Users will always have these Terms of Use and Sale available in a visible, open-access location for all consultations they wish to make. Whenever accessing the Website, Customers and Users should carefully read these Terms of Use and Sale. In any case, acceptance of the Terms of Use and Sale, in effect at all times, is a preliminary and indispensable step in requesting any Product or Service available through the Website.

Communications between CreativeMamy and the Client

All communications sent by CreativeMamy to the Customer regarding these Terms of Use and Sale or the purchase of Products and Services through the Website will be in writing through the Section: “Contact Us” and in accordance with the communication procedures set forth in these Terms of Use and Sale for each particular case.

In addition to the Section: “Contact Us,” CreativeMamy also provides the Customer with the support email address info@creativemamy.com.

In the remaining cases not explicitly governed by these Terms of Use and Sale, communications that the Customer intends to send to CreativeMamy should be addressed to the address of CreativeMamy indicated in Clause 1 above and be in writing, through a system that allows the CreativeMamy to confirm its content and receipt (registered mail with return receipt).

Completeness of the conditions of use and sale

These Terms of Use and Sale and the contract documenting Customer’s purchase of the Products or Services constitute the sole and express will of CreativeMamy and the Client in relation to the subject matter thereof and nullify and supersede any other agreement or contract, verbal or written, previously concluded between the parties. Any changes to these Terms of Use and Sale or the contract documenting the purchase of the Products or Services must be in writing and by mutual agreement between CreativeMamy and the Customer.

Assignment of rights and obligations

CreativeMamy and Customer may freely assign and/or convey, at any time and in accordance with applicable law, their rights and obligations under these Terms of Use and Sale or the purchase of Products and/or Services through the Website. The party assigning its rights is obligated to notify the other party, indicating the identity of the person/entity to whom such rights and obligations have been assigned. Such communication must be in writing and by a means that guarantees its receipt.

Applicable law and jurisdiction

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

In the event of any dispute or controversy arising out of the purchase of Products and/or Services through the Website and/or these Terms of Use and Sale and for the resolution of any conflict, the parties shall be subject to the jurisdiction of the court of the city where the Customer or User has his or her residence or domicile.

The European Commission also provides consumers with online dispute resolution the EU platform for amicable dispute resolution (Article 14(1) Regulation (EU) 524/2013), which can be accessed at http://ec.europa.eu/odr.