Terms of service
GENERAL TERMS AND CONDITIONS OF SALE
VERSION 001 OF 20.07.2026
These GENERAL CONTRACT TERMS, which may be sent together with the order, govern the manner and terms of provision and use of the service described in the product pages available on the website https://www.federicamantelli.com/ and provided by Project Spina Sagl, with registered office at Via Pretorio 13a, 6900 Lugano (TI) – Switzerland (CHE-135.340.483), operating in Europe through its Italian tax representative Project Spina Sagl c/o R.F. G-Project Srl, Piazzale Gerbetto 6, 22100 Como (CO) – Italy, VAT IT12954760018 - Tax Code 97839650013 - SDI: M5UXCR1.
Acceptance and/or awareness or the possibility of being aware of these GENERAL CONTRACT TERMS is a necessary and essential requirement for the provision and use of the SERVICES offered by Project Spina Sagl.
By accepting these GENERAL CONTRACT TERMS, the CUSTOMER declares to have read, fully understood and accepted all the contractual clauses contained herein, and undertakes, as of now, to read and accept any future amendments, additions and/or updates to these GENERAL CONTRACT TERMS, which will be adopted by Project Spina Sagl and published on the website https://www.federicamantelli.com/ with a progressive revision number.
The invalidity of one or more clauses of these GENERAL CONTRACT TERMS shall not affect the validity of the remaining clauses, nor of these GENERAL CONTRACT TERMS as a whole.
The following conditions apply to every order, unless expressly derogated from by special conditions set out in the order.
Awareness and/or the possibility of being aware of this document constitutes full acceptance by the Customer of these General Terms, as well as of the content of the documents, rules, provisions and procedures referred to herein, making them binding on the Customer even before the conclusion of the contract.
ART. 1 – RECITALS
The foregoing recitals, as well as any Annexes attached to these terms, form an integral and essential part hereof.
1.1. These general contract terms govern the sale relationship for the goods supplied by Project Spina Sagl.
1.2. These General Terms have been drafted and prepared in observance of and in conformity with the provisions of Legislative Decree 206/2005 (Consumer Code) and Law 40/2007; they are of a general nature and may be subject to changes required by subsequent legal provisions and/or regulations.
ART. 2 – DEFINITIONS
2.1) Project Spina: Project Spina Sagl, with registered office at Via Pretorio 13a, 6900 Lugano (TI) – Switzerland (CHE-135.340.483) and Italian tax representative Project Spina Sagl c/o R.F. G-Project Srl, Piazzale Gerbetto 6, 22100 Como (CO) – Italy, VAT IT12954760018, i.e. the manufacturer/seller of the goods that are the subject of these GENERAL CONTRACT TERMS.
2.2) SUPPLIER: as defined above.
2.3) CUSTOMER: the natural person, legal entity or body (public or private) who purchases the goods that are the subject of these GENERAL CONTRACT TERMS. Please note that the relationship with the CUSTOMER is governed by Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") exclusively where the CUSTOMER is a natural person purchasing for personal purposes unrelated to their business, commercial, artisanal or professional activity.
2.4) THIRD PARTIES: third parties who may provide the SERVICES in partnership with Project Spina Sagl.
2.5) PRODUCTS: the capes and any accessories, in general, offered by Project Spina Sagl under the "Federica Mantelli" brand, available and purchasable under the terms set out in these GENERAL CONTRACT TERMS.
2.6) CUSTOMIZED PRODUCTS: products for which the customer requests customization at the time of order (if and when made available).
2.7) STANDARD PRODUCTS: products purchased as presented by Project Spina Sagl.
2.8) GTC: General Terms and Conditions of Sale.
ART. 3 – INTERPRETATION
3.1 An "Annex" shall be interpreted, unless otherwise indicated, as a reference to an annex to these GTC.
3.2 An "Article", "Paragraph" or "Recital" shall be interpreted, unless otherwise indicated, as a reference to the Supply Agreement or to these general terms.
3.3 Terms in the singular include the plural and vice versa. Terms denoting one gender include the other gender, unless the context indicates otherwise.
3.4 The titles and headings of these GTC are inserted for convenience only and have no bearing on the interpretation of the respective provisions.
ART. 4 – PRODUCTS AND AVAILABILITY
4.1 The essential characteristics and other information relating to the Products, together with their price, are indicated on the Site, in the information pages relating to each Product.
4.2 The catalog of Products published on the Site is constantly updated.
4.3 The graphic representation of the Products shown on the Site is purely indicative and may differ from reality (in particular due to color variations related to screens/photography); the Customer must therefore rely on the Product description and the characteristics stated on the Product Page.
4.3 bis The cape you see in the images is always real: we start from genuine photographs of the cape, which in some cases we rework using artificial intelligence (AI), including in video format, to show it worn in different settings. Fabric, pattern and colour remain faithful to the original.
4.4 The Products shown on the Site may be: I. Available: Products physically in stock and therefore orderable by the Customer; II. Made to order: Products not physically in stock but orderable (and, if applicable, customizable).
ART. 5 – ORDER SUBMISSION AND CONCLUSION OF THE SALES CONTRACT
5.1 Orders may be placed on the website, with or without registering a personal account, by following the steps indicated on the site.
5.2 To submit an Order, the Customer must: a) select a Product and add it to the cart; in the cart area, the Customer can view details and price (in Euros), verify/correct their data, change quantities, add other Products, view delivery times and costs and the available payment methods, accept the General Terms and Conditions of Sale, and submit the Order by proceeding to payment.
5.3 Before submitting the Order, the Customer may view, at any time, a summary of the Products, with details of prices and any charges, of the selected delivery and payment methods, and may verify and correct their data.
5.4 The sales contract is concluded at the moment the Customer submits the Order to Project Spina Sagl, unless Project Spina Sagl notifies the Customer that it is unable to fulfill the order, in which case the amount paid will be refunded to the Customer.
5.5 After submitting an Order, the Customer will receive a summary email with the essential characteristics of the Product, the price, applicable taxes and any delivery costs.
5.6 The Customer may cancel the order within 24 hours of placing it and/or, in the case of a customized product, no later than the start of the relevant production.
5.7 Any customs charges for shipments outside the EU are explicitly the Customer's responsibility.
ART. 6 – PRICES AND PAYMENT METHODS
6.1 The Customer may pay the price of the Products and any shipping costs via Shopify Payments (credit/debit card), currently the only payment method active on the Site. Additional payment methods may be added in the future and will always be indicated at checkout.
6.2 In the case of payment by credit or debit card via Shopify Payments, the charge is made at the time the Order is submitted and the sales contract is concluded. In the event of cancellation by the Customer, the amount paid will be refunded to the same payment method used.
6.3 The product price is the one indicated on the site at the time of the order.
6.4 VAT, if due, will be applied to all invoiced amounts and, together with any other tax charge arising from the performance of the contract, shall be borne by the Customer. The Customer expressly declares to release Project Spina Sagl, now for then, from any and all liability arising from the transactions or payments made.
6.5 If payment of the price is not valid, or is for any reason revoked or cancelled by the Customer, or is not executed, confirmed or credited for the benefit of Project Spina Sagl, the latter reserves the right to terminate the contract with immediate effect.
6.6 By accepting these General Terms, the Customer expressly consents that the invoice, if requested within 24h of the order date, may be sent by email in PDF format.
ART. 7 – PRODUCT DELIVERY TERMS
7.1 Before submitting an Order, the Customer may view the available delivery methods and any related costs.
7.2 The available methods will in any case be indicated on the cart/checkout page.
7.3 The Supplier will ship the order only after payment has been correctly credited; the shipping and delivery times indicated are estimated and not binding, unless otherwise indicated for any Customized Products (for which the technical production time must be factored in).
7.4 An additional cost, clearly communicated to the Customer, may be required for delivery to hard-to-reach locations.
7.5 Upon delivery, the Customer (or their delegate) must verify that the number of parcels matches the delivery document and that the packaging and seals are intact. Any damage or discrepancy must be immediately reported in writing on the courier's delivery document; once signed without exceptions, the Customer will not be able to raise objections in this regard, without prejudice to the provisions on the legal guarantee of conformity.
7.6 The risk of loss or damage to the Products transfers to the Customer at the moment the Customer (or a third party designated by them, other than the courier) takes physical possession of the Product.
ART. 8 – WITHDRAWAL
8.1 Pursuant to the Consumer Code, the Customer has the right to withdraw from the sales contract, without specifying any reason, within 14 (fourteen) days from the date on which the Customer (or an authorized representative of theirs) takes physical possession of the Product.
8.2 The Customer may exercise the right of withdrawal by sending an explicit communication via: email to info@federicamantelli.com, or registered letter with return receipt to: Project Spina Sagl – Via Pretorio 13a – 6900 Lugano – Switzerland.
8.3 Upon receipt of the withdrawal notice, Project Spina Sagl will send confirmation by email. Within 5 business days, the Customer will receive the address to which the Product should be returned. Within 14 days of receiving that email, the Customer must ship the carefully packaged Product, at their own expense, quoting the case number received.
8.4 The Products must be returned intact, unused, undamaged, in their original packaging and complete with all included elements. Return shipping costs are the Customer's responsibility. The Customer shall not have to bear any further cost or penalty as a result of exercising the right of withdrawal.
8.5 The Customer will be liable for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics and functioning.
8.6 The right of withdrawal does not apply to products made to measure or clearly customized; Project Spina Sagl reserves the right to assess whether to accept any withdrawal on such products, in which case it may withhold an amount equal to 20% of the sale price.
8.7 Upon receiving a timely withdrawal notice, Project Spina Sagl will refund the amounts paid, including standard delivery costs, using the same payment method used by the Customer, unless the Customer expressly requests otherwise.
8.8 The Customer is entitled to a refund within 14 days of the withdrawal notice; Project Spina Sagl, however, reserves the right, pursuant to Art. 56 of the Consumer Code, to withhold the refund until it has received the Product or proof of shipment, whichever occurs first.
8.9 The refund will be made using the same payment method used for the purchase (credit card, PayPal, bank transfer, gift cards), unless otherwise agreed with the Customer.
ART. 9 – CUSTOMER DATA
9.1 The Customer guarantees, including pursuant to Art. 494 of the Italian Criminal Code, that the personal data provided to Project Spina Sagl for the performance of the contract is correct, up to date and truthful. The Customer undertakes to promptly report any changes to their data.
ART. 10 – CHANGES TO THE CONTRACT TERMS
10.1 Project Spina Sagl reserves the right to make changes to these general terms, updating the text on its website. Changes apply to new orders, not to orders already in progress, without prejudice to the Customer's right to cancel; failing that, the Customer accepts the new terms.
ART. 11 – OBLIGATIONS AND LIMITATIONS OF LIABILITY OF PROJECT SPINA SAGL
11.1 The Seller is exempt from any liability not arising from willful misconduct or gross negligence. In any case, compensation for damages may not exceed the value of the goods covered by the Contract affected by the harmful conduct.
11.2 The obligations and liabilities of Project Spina Sagl towards the Customer are exclusively those set out in these terms and in the Consumer Code; in any case of breach attributable to Project Spina Sagl, it shall not be liable for an amount exceeding that paid by the Customer for the individual product concerned. Any further claim for direct or indirect damages is excluded.
11.3 Project Spina Sagl is not liable for improper use of the Product that results in risks to personal safety or damage not arising from defects in the Product itself.
11.4 Project Spina Sagl cannot be held liable for damages resulting from errors in the data provided by the Customer.
11.5 Project Spina Sagl is not liable for delays or malfunctions caused by circumstances beyond its control, such as: unforeseeable circumstances or force majeure; acts of third parties; use of the product not in accordance with these Terms; technically essential maintenance work; justified security or confidentiality reasons.
11.6 The Seller complies with the laws and technical standards in force in Italy; the buyer bears the risk of any non-conformity with the standards of the destination country, where different.
11.7 No derogation from the provisions of this article shall be valid unless agreed in writing between the parties.
ART. 12 – FORCE MAJEURE
12.1 Where the production and/or delivery of the Products becomes impossible, excessively burdensome or delayed due to a Force Majeure Event, the Seller may, at its own discretion: suspend deliveries until the event ceases; deliver a smaller quantity of Products; or withdraw from the contract by written notice to the Buyer, completing delivery for the unaffected part. Should the impediment persist for more than 90 days, either party may withdraw without any right to compensation for damages.
12.2 "Force Majeure Event" means any event beyond the Seller's control that affects its capacity to produce or deliver the Products (e.g. strikes, failure by suppliers to deliver raw materials, equipment breakdowns, fires, floods, decisions by authorities, regulatory changes, epidemics or other health emergencies).
ART. 13 – LEGAL GUARANTEE – REMEDIES FOR LACK OF CONFORMITY
13.1 The sale of Products to consumer Customers is subject to the legal guarantee under the Consumer Code. Project Spina Sagl is liable for lack of conformity that becomes apparent within 2 (two) years of delivery. In any case, the action is time-barred after 26 months from delivery.
13.2 To assert the legal guarantee, the Customer may contact Project Spina Sagl by email at info@federicamantelli.com or by registered letter with return receipt to: Project Spina Sagl – Via Pretorio 13a – 6900 Lugano – Switzerland.
13.3–13.9 In the event of lack of conformity, the Customer is entitled, free of charge, to have conformity restored (repair or replacement) within a reasonable time, unless this is impossible or entails disproportionate costs for Project Spina Sagl. Where this is not possible or has not been carried out correctly, the Customer is entitled to a price reduction or to termination of the contract, with return of the Product within 14 days at their own expense and refund by Project Spina Sagl upon receipt of the Product, in accordance with the terms and procedures set out in the Consumer Code.
ART. 14 – EXPRESS TERMINATION CLAUSE
14.1 The Contract shall be deemed terminated with immediate effect, pursuant to Art. 1456 of the Italian Civil Code, should the Customer: breach the obligations set out in the preceding Articles or the provisions of the order; breach Project Spina Sagl's Policies; fail to pay the agreed price.
14.2 In the event of default, Project Spina Sagl reserves the right to send a formal notice to perform within 15 days of receipt of the relevant registered letter with return receipt, pursuant to Art. 1454 of the Italian Civil Code.
ART. 15 – EXCLUSIVE PROPERTY RIGHTS
15.1 The Product shall be used by the Customer in compliance with the intellectual and/or industrial property rights of Project Spina Sagl and/or third parties (including the "Federica Mantelli" trademark, designs, sketches and photographic content published on the Site).
15.2 The Customer is not authorized to reproduce or process the content and goods produced by Project Spina Sagl without written authorization.
ART. 16 – GENERAL PROVISIONS
16.1 These terms shall remain in force even after the date of first performance, with no need for renewal.
16.2 No Party shall be deemed to have waived its rights arising from the GTC unless such waiver is formalized in writing.
16.3 No waiver to enforce a breach shall be construed as a waiver to enforce further breaches, nor as a waiver of the provision itself.
ART. 17 – PROCESSING OF PERSONAL DATA
17.1 The processing of personal data provided by the Customer will be carried out in accordance with European Regulation 679/2016 (GDPR) and applicable law, as set out in the Privacy Policy published on the website https://www.federicamantelli.com/.
17.2 For the collection, processing and management of data necessary for the provision of the Services, Project Spina Sagl acts as an independent Data Controller.
17.3 With regard to any third-party data entered by the Customer when placing an order, the Customer declares to have provided such third parties with appropriate notice pursuant to Art. 13 GDPR and to have obtained their consent to the processing, holding Project Spina Sagl harmless from any claims by third parties in this regard.
ART. 18 – APPOINTMENT AS DATA PROCESSOR
18.1 Upon conclusion of the order, the Customer, as Controller of any personal data processed by them through the Service, appoints Project Spina Sagl as Data Processor for the relevant aspects.
ART. 19 – APPLICABLE LAW AND COMPETENT COURT
19.1 The Contract is governed exclusively by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
19.2 The Italian Judicial Authority has exclusive jurisdiction to decide any dispute relating to the Contract, except where the Customer has acted as a Consumer for purposes unrelated to their business activity: in such a case, the Judicial Authority of the State where the Consumer is domiciled at the time the Contract is concluded has jurisdiction, unless the Consumer prefers to apply to the Italian Judicial Authority.
19.3 a) If the Italian Judicial Authority has jurisdiction, the competent Court is that of the domicile/registered office of the defendant, except where the Customer/Consumer is domiciled in Italy, in which case the Court of their domicile has jurisdiction; failing that, the Court where the Supplier has its registered office.
b) If the Judicial Authority of a State other than Italy has jurisdiction, the competent Court is that of the Customer's domicile at the time the Contract is concluded; failing that, or if the Customer prefers to apply to the Italian Judicial Authority, the Court where the Supplier has its registered office has jurisdiction.