The following Privacy Policy defines how we collect and use your personal data. Please read carefully and refer to our general conditions of sale for any further information. If you have questions regarding the Privacy Policy, or if you want to exercise your rights, please contact us at the following address: info@fccw.it or at no. +39 0108604855

The controller of the processing of personal data collected through our site is Fabrizio Canu Creative Workshop s.r.l., in person of  its pro tempore legal representative, based in Via Anton Giulio Barilli 34 r – 16143 Genova, P. Iva 01809540998

“Personal data” in this Privacy Policy has the same meaning contained in the European Regulation on Personal Data 2016/679 / EU (GDPR). Essentially, personal data is information relating to a natural person who can be identified by that information, either alone or combined with other similar data that has come into our possession. Personal data may include information collected from secure cookies or traceable technologies if they contribute to forming a profile.

Use of Personal Data

To access the site, no registration is necessary. However, there are sections on the Site that require registration or the use of a username and password (e.g. to register in the personal area, or complete the online purchase process), or services for the use of which you must provide your data (e.g. your data may be asked to subscribe to newsletter services, to contact us, etc.). We collect and process personal data in relation to the sale of the products illustrated on the site. All our other activities or data processing is carried out for these purposes.

We process your personal data only for the time necessary to achieve the purposes for which we collected it.

The provision of personal data is generally optional. Only in certain cases, failure to provide data may make it impossible to access specific services and obtain what may be required (e.g. registration – and the provision of personal data, e-mail address, postal address, credit /debit card details or bank details and telephone number – which are necessary to proceed with the purchase of products online); failure to provide such data can therefore prevent access to the services of the Site or to respond to user requests.

Your personal data are not subject to any fully automated decision-making process, including profiling. You have the right to lodge a complaint with the Guarantor Authority for the unlawful processing of data, but please contact us first so that we can resolve your claim..

Site visitors

We respect the privacy of all visitors to our site. If you decide to contact us, or to subscribe to our promotional communications, or to receive details concerning our products, you must provide us with your personal data. We will use the information you provide us with in order to answer all your inquiries and questions, to keep you informed of product news and customization options.

Disclosure of personal data

We will not disclose or communicate your personal data to third parties, except to service providers for the purposes related to our business, or on our behalf, and they will be required to comply with data protection laws. Otherwise, we will only transmit the data if requested by the competent judicial authority.

Links to third party sites

This Privacy Policy applies to the use of our site. For your convenience, our site may provide links to other sites. Please note that we have no control over how your data can be collected, stored or processed by third parties, nor can we know if these sites are free from viruses or other harmful programs. We advise you to check the privacy policies of each site before providing your personal data.

Cookies

Our site uses cookies that help improve user navigation and that can provide us with anonymous information on how our site is used. Cookies are small text files placed on your computer or device from our site. For any information about the use of cookies and the purposes for which we use them, please consult our Cookie Policy. In order to continue using our site, you must accept the use of our cookies.

Rectification and Access to your data

As required by Lawson the protection of personal data you have the right to be provided with a copy of your personal data to obtain their correction if they are incorrect. To request a copy or update them, please contact us.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. Any changes will be included on our site and your use constitutes your acceptance of the terms of this privacy statement as amended. We recommend that you check this page regularly, especially if you have provided personal information.

Your rights

If you are a resident in the European Union, you have a series of rights under the GDPR.

You can find more information below as to the type of requests you can send us.

Right to object for direct marketing purposes

  • You have the right to ask us not to process your personal data for marketing purposes, including tracking a profile (e.g. examining your use of our site) insofar as it concerns direct marketing. Within a reasonable period of time from receipt we will evaluate your objection requests and we will no longer process your personal data for direct marketing purposes. You can exercise your rights to prevent such processing by ticking specific boxes on the screen we use to collect your personal data, or by contacting us directly.

Access to information

  • The GDPR gives the right to find out if we are processing your personal data and, if appropriate, to receive a copy of the personal data that we process on:
  • The reason why we are treating them;
  • the category of your data we are processing;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed;
  • where possible, for how long we plan to keep your personal data or the criteria we use to establish the period;
  • information on your rights under the GDPR;
  • information on where we received your personal data and if we did not collect it directly, by whom we received it;
  • if we transfer your personal data outside the European Economic Community, details about the appropriate guarantees that we have used to protect your personal data and maintain your personal data protection rights;
  • We will not charge anything to satisfy your request to provide the first copy of the data. Any further copies will be subject to a reasonable administrative fee. If your data are inseparable from the data of other interested parties, we reserve the right not to comply with your request if this could violate the rights of third parties.

The right to withdraw consent to the processing of personal data

  • If we process your personal data on the basis of your consent, you have the right to withdraw consent at any time. This will not affect the lawfulness of the processing of personal data until the moment you withdraw your consent. Please note that we may need to process your data on other bases, for example to fulfil a contract with you as required by Law.

The right to object to the processing of personal data

  • You have the right to object to the processing of personal data if we are operating on the basis of “legitimate interest” or if the processing is in the public interest. Upon receipt of your objections, we will evaluate the legal grounds and stop the processing of personal data if we cannot prove that we have legitimate and well-founded interest for continuing to process personal data.

The right to request the limitation of the processing of personal data

  • You have the right to request the limitation of the processing of personal data (stopping use) if you think it is incorrect, if you consider the treatment illegitimate, or that the use does not conform to the purpose for which it was collected. Considering your request, we will stop processing the data within a reasonable time from the moment we receive it. We will notify our decision and any justification to continue processing the data as soon as possible.

The right to request corrections or deletion of personal data

  • You have the right to request the amendment of personal data at any time if they are incorrect. If they are, you have the right to obtain the integration of the completed information, taking into account the purposes of the processing.
  • You also have the right to request the deletion of personal data as soon as possible in the following cases:
  • personal data are no longer necessary for the purpose for which they were collected or otherwise processed;
  • withdrawn consent to the treatment, the legal basis for their use no longer exists;
  • personal data have been processed unlawfully;
  • personal data must be deleted in accordance with Italian or European Laws;
  • personal data concern children under the age of 18, who are prohibited from using the site services.

 

The right to portability of personal data

  • You have the right to obtain personal data that you have sent us in a structured format that can be read by an automatic device and you have the right to transmit it to another holder to verify that we are processing it in compliance with the purposes that you have allowed us to process or because it was necessary to be able to enter into a contract with you and if we have no other basis on which to process them.
  • The foregoing will not apply to the processing of most personal data but we have mentioned it for completeness.

The right to complain to the Guarantor Authority

  • If in your opinion we have processed the data in a lawful or illegal way, you have the right to complain to us with the Guarantor Authority, although please notify us first so we can resolve any claim.

How to exercie your rights

  • You can exercise your rights by contacting us at this address info@fccw.it
  • Please indicate in your request:
  • a clear statement on the basis of which you affirm your rights;
  • a complete description of the information or type of information about which you are writing;
  • evidence that confirms your identity, for example as a scan of your passport and identity document.
  • In this way, we can store your personal data securely and respond as soon as possible.

 

No compensation

  • Usually you will not have to pay any fee to access your personal data (or to exercise any other right). However, we may quantify a reasonable fee if your request should be clearly unfounded, repetitive or excessive. Alternatively, we may refuse to satisfy your request.

Response time

  • All your legitimate requests will be processed within a month. Occasionally it may take more than a month if the request is particularly complex or if multiple requests are made. In this case, we will keep you informed.

 

 

GENERAL CONDITIONS OF SALE

  1. GENERAL INFORMATION

1.1 Fabrizio Canu Creative Workshop s.r.l. (hereinafter FCCW) is a company incorporated under Italian Law, with registered office in Via Anton Giulio Barrili 34 r, Genoa, Italy.

The relevant general conditions of sale (hereinafter, “Conditions of Sale” or “Conditions”) rule the supply of products to the user, through the website www.123gofun.com (hereinafter the “Site”).

The user is invited to carefully read these Conditions before purchasing the products  on the Site.

 Conditions describe the methods of supplying the products to the user, the possibilities to modify or withdraw from the contract, as well as further information about the resolution of any problem related to the sale of the goods.

The products sold on the Site are indicated below with the term “Products”.

1.2 FCCW has the right and reserves the right to modify, limit, amend, interrupt or replace these Terms of Sale from time to time, at any time. The user is invited to regularly check the content, in order to be informed of any amendments, limitations,  or replacements.

  1. REQUIREMENTS, SECURITY CERTIFICATION AND REGISTRATION FOR ACCOUNTS

2.1 These Conditions rule purchase orders through the Site. Before proceeding with the purchase, the user must carefully read and accept these Conditions. The making of purchase orders on the Site by a child under 18 is prohibited and represents a violation of these Conditions, which shall imply invalidity of the contract of sale.

2.2 Given the presence on the Site of Products whose consumption is subject to age restrictions, many of which require a minimum age for purchase and use,  strict rules relating to the use of the Site shall be followed.

Only those over the age of 18 can purchase the Products on the Site and, by creating an account on that Site, the user declares and confirms that he is 18 years of age.

This certification, carried out under the exclusive responsibility of the User, allows compliance with the law applicable to the general conditions of sale. Only individuals who are 18 years of age at the time of account creation can purchase the Products and benefit from the promotions and offers on the Site.

  1. ACCOUNT REGISTRATION

3.1 To purchase from the Site you need to complete the registration procedure, to create an account. The User must therefore provide their email address. An automated password will then be generated and sent to the indicated e-mail address, through which the User will be able to access their account. Subsequently, if the User wishes to proceed with the purchase of the goods, he will have to provide further information: name, surname, residence and / or domicile, telephone number. During the registration phase, the User is required to provide complete and truthful information about himself; in addition, the User is required to keep this information always up to date, should any changes occur, and is therefore invited to check them regularly.

3.2 To generate the account it is therefore required to create a user identification code and password. By doing so, the User agrees to:

  • not share your user identification code and password with anyone;
  • be the only user of the account;
  • immediately contact info@fccw.it if aware of unauthorized access to your account;
  • take responsibility for all activities performed in connection with your account;
  • not create more than one account.

Where the consequences of accepting the aforementioned conditions are not clear, or if you do not intend to accept them, the User is invited to contact us before proceeding with the account creation.

3.3 By registering and creating an account, the User undertakes to comply with these Terms of Use.

  1. CLOSING AN ACCOUNT

4.1 FCCW reserves the right to limit access to the account or to suspend it, deactivate it, close it and/or cancel it, for any reason it deems it necessary. In the event that the account is suspended, deactivated, closed or cancelled, the User can only request its recovery by contacting info@fccw.it. The User will not be allowed to open an alternative account. These Terms of Use do not provide for any limitation to the rights recognized by the User by law, for example to the right to obtain the replacement of the products purchased, if these have been vitiated.

  1. ELECTRONIC COMMUNICATIONS

5.1 By creating an account, the User allows the receipt of notifications in electronic format or other communications regarding the Site and its operation, in accordance with the provisions of the Privacy Policy. These electronic communications will be sent to the email address provided during registration and/or associated with the User’s account. The User has the possibility to suspend the reception of the aforementioned notifications and communications at any time, by deactivating his/her account.

  1. CONCLUSION OF THE SALES CONTRACT

6.1. The sales contract will be considered concluded when, after registering and creating the relevant profile, the User has sent the form available on the website via e-mail through the relevant account, indicating the quantity of the Product he intends to purchase and customizations chosen.

6.2 Any subsequent changes to the order must be expressly agreed between the parties, using the communication channels identified in these general conditions of sale. At the end of the purchase procedure, the User will receive the summary document of the transaction at the e-mail address indicated in his account, which will include the reference to the general contract conditions, including the right of withdrawal, the description of the product and the final cost to sustain.

  1. PAYMENT

7.1The user agrees to make the payment of all purchase orders placed on the Site.

7.2 Unless otherwise indicated, the prices shown for the Products, which do not include the customs fees payable by the user, represent the final sale price (inclusive of VAT), specified on the Product itself. All prices are expressed and payable in EURO, regardless of the place where the order is made or the goods shipped. Payment can be made by bank transfer and/or credit card freely chosen by the user. The method chosen will be mentioned in the summary document sent to the customer.

7.3 If the user disputes the amount or validity of the payments made to FCCW through this Site, he must send a specific written complaint to FCCW within ten (10) days of payment, by email to be sent to info@fccw.it. Failing that, the payment will be considered validly arranged for all legal purposes.

7.4 In the event of non-payment, all costs and expenses reasonably incurred by FCCW for the collection of the amount due will be charged to the user.

  1. WITHDRAWAL

8.1.Internet product sales are governed by articles 45 to 67 of Legislative Decree 206/2005 (Consumer Code). This legislation provides the consumer with the right to withdraw from contracts or contractual proposals, guaranteeing the right to return the purchased product and to obtain a refund of the expenses incurred. The withdrawal right is reserved exclusively for consumers (individuals who purchase goods for purposes not related to their profession, trade or business), so it cannot be exercised by legal persons and individuals acting for purposes related to the activity possibly carried out.

8.2 The User has the right to withdraw from the contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days starting from the day on which the User or a third party, other than the carrier and designated by the customer himself, acquires physical possession of the last good ordered. In the case of a contract relating to multiple goods ordered by the user in a single order and delivered separately, the 14-day period starts from the day on which the User or a third party, other than the carrier designated by the latter, acquires physical possession of the last good

8.3 To exercise the right of withdrawal, FCCW must be informed (e-mail: info@fccw.it) of the decision to withdraw from this contract by means of an explicit declaration to this effect, to be confirmed by registered letter with return receipt.

The deadline set for the withdrawal is considered respected if the user sends his declaration before the expiry of the 14-day term starting from the day on which the User or a third party, other than the carrier and designated by the user himself, acquires the physical possession of the last ordered good. In the case of a contract relating to multiple goods ordered by the User in a single order and delivered separately, the 14-day period starts from the day on which the customer or a third party, other than the carrier designated by the latter, acquires physical possession of the last good.

8.4 Following the withdrawal from this contract, FCCW will reimburse all payments made by the buyer, with the exception of customs costs, without undue delay and in any case no later than 14 days from the day on which FCCW is informed by the user of the decision to exercise the right of withdrawal. These refunds will be made using the same payment instrument to be used by the User during the purchase phase, unless otherwise established. In any case, the User will not incur any costs as a consequence of this refund, except for those indicated above.

8.5 The user is required to return or deliver the products without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract of sale.

The Products must be returned

– properly packed in their original packaging, not damaged, broken or marked, and equipped with any accessories, instructions for use and documentation. In case of loss of the original packaging, the User must, at his own expense and care, replace it in order to be able to return it.

– equipped with the transport document (present in the original packaging), so as to allow FCCW to identify the customer (Order number, name, surname and address);

– without manifest signs of use, if not those compatible with carrying out a normal test of the article (they must not show traces of prolonged use or in any case exceeding the time necessary for a test and must not be in a state such as not to allow their resale).

8.6 The costs of returning the goods are borne by FCCW, with the exclusion of customs fees, provided that the user uses the return documents provided by FCCW and sends the goods from the country in which the delivery took place. Otherwise, the costs of the return will be borne by the customer. The User is responsible for any decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the products themselves.

  1. DAMAGED / INCOMPLETE / INCORRECT ORDERS

9.1 By purchasing the Products on the Site, the user has the right, recognized by law, to receive goods that have the characteristics described, suitable for their purpose and of satisfactory quality.

9.2 The user agrees to inspect the goods purchased upon receipt of the order, as soon as possible. The user is also requested to inform us as soon as possible of any damaged, incorrect or incomplete orders.

9.3 In the event that the user has received a damaged, incorrect or incomplete order from FCCW, please contact FCCW immediately at the e-mail address (info@fccw.it), in order to illustrate the problem and exercise the recognized rights of the User pursuant to the law. The user forfeits his rights relating to the Legal Guarantee if he does not report any damaged, incorrect or incomplete orders within the term of 2 (two) months from the date on which he discovered the defect. The guarantee for any damage to the property resulting from a use other than that of the game instructions will have a duration of 30 days from the delivery.

  1. PROHIBITION OF RESALE OF PRODUCTS AND OTHER FORMS OF EXPLOITATION

10.1 The user undertakes not to sell, resell, distribute or make available to third parties, nor to use or otherwise exploit for commercial purposes (also, for example, for competitions, lotteries and/or as giveaways) any part of any Product or service purchased from this Site or otherwise obtained from FCCW or FCCW representatives. Any individual or legal person or entity that sells, resells, distributes or makes available to third parties, or otherwise uses or exploits any Product or service for any commercial purpose, without the prior written consent, will void the Product warranty and may be subject to civil and/or criminal action, as required by law.

  1. LIMITATION OF LIABILITY

11.1 FCCW, its representatives, employees, auxiliaries, as well as its partners cannot, within the widest limits of the law, without prejudice to cases of willful misconduct or gross negligence, be held responsible for any type of damage, direct or indirect, or required to any compensation obligation, including legal fees, arising from the User or third parties: i) from the use or impossibility of using the Site; ii) from any modification, suspension or interruption of the Site; iii) from the Site Materials; iv) from the malfunction of software installed by the User, from the failure and/or defective functioning of telephone and/or telematic connections, of the electronic equipment of the User himself or of third parties, including Internet Service Providers; v) by actions of other Users or other persons having access to the network. FCCW assumes no responsibility for any damage, loss of information, costs, expenses, damage suffered by the User or third parties due to delay or loss of chance, incorrect or failure to find information, restrictions or loss of access, difficulties or problems of any type, errors, unauthorized use while accessing the Site or relating to other forms of interaction within the Site.

11.2 In no event can FCCW be held responsible for the failure or incorrect fulfillment by the User of any possible law or regulation procedure in relation to these Terms of Use. Any wider civil, criminal and administrative liability arising outing from any illegal, improper or abnormal use of the Site and the products described therein and from any damage or complaints by third parties in this regard will remain the sole responsibility of the User.

  1. APPLICABLE LAW

12.1 These Conditions are governed by Italian law and any dispute concerning the Products may be transferred by the user to the Court of the place of residence or domicile of the user, if located in the territory of the Italian State.

  1. MISCELLANEOUS

13.1 Partial invalidity: in the event a clause or provision of these Conditions of Sale shall be considered invalid or unenforceable, this clause or provision will be removed from the Conditions of Sale and will not affect the validity or applicability of the remaining provisions and clauses.

13.2 Transfer: these Conditions and any rights and licenses granted here may not be transferred or surrendered by the user without the consent of FCCW, but may be transferred by FCCW without limitation. Any waiver by FCCW of the rights deriving from a breach of these Terms of Sale by the user will have effects only if made in writing.

13.3 All communications required or permitted pursuant to these Conditions of Sale can be made in writing, by mail or email, and addressed to: email: info@fccw.it

Address: Via Anton Giulio Barrili 34 r, 16143, Genova, Italia.

Pursuant to and for the purposes of sections1341 and 1342 of the Civil Code, the user declares to specifically approve the following clauses of the Conditions of Sale: art. 10 Prohibition of resale of the Products and other forms of exploitation; 11. limitation of liability; 13. Miscellaneous.