The Fiancée

Terms & Conditions

ARTICLE 1 - INTRODUCTION

1.1 The Fiancée LTD, Company Number: 15190751, with its registered office at 21-22 Grosvenor Street, W1K4QJ, London (England) (hereinafter referred to as Fiancée) is the owner of the website www.thefiancee.com (hereinafter also referred to as the "Site") and the respective local domain in the countries where it operates. Fiancée informs you of the following General Conditions (hereinafter also referred to as "GC") of the contract regarding the use of services provided on its website.

1.2 The Site is intended, inter alia, to allow users (hereinafter also referred to as "User") to create their own web page (hereinafter "Wedding Site") to organize their wedding event (hereinafter "Event") and collect money or receive certain goods (hereinafter "Gifts") from friends, relatives, and colleagues (hereinafter also referred to as "Guests") through gift lists (hereinafter "Lists"). The Site allows users to: (i) independently organize Lists and ask Guests to contribute to these Lists by depositing their share in a digital wallet and/or directly into a bank account (hereinafter also referred to as "Wallet"); (ii) include in the Lists goods sold directly by Fiancée (Fiancée Gifts) or fantasy items and/or goods for the sole purpose of providing a specific contribution (hereinafter "Gifts"); (iii) ask Guests to directly contribute a monetary share; (iv) directly ask Fiancée for wedding advice such as, but not limited to, the location for the wedding, floral arrangements, catering, music selection, etc. (hereinafter also referred to as "Consultancy"); (v) personalize the Wedding Site with photos, fonts, colors, and custom texts; (vi) utilize computer services for event or party organization.

1.3 The User is an individual interested in using the Site and the Wedding Site and receiving services provided by Fiancée through them, acting as a "consumer" under Legislative Decree no. 206/2005, as defined by article 3, letter a) ("Consumer Code"), meaning for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may perform.

1.4 These general conditions govern the relationship between Fiancée and the User solely regarding the use of the Site and the Wedding Site and the enjoyment of services of a purely "technical" nature provided by Fiancée through the Site and the Wedding Site, as further identified in the following articles. By adhering to the GC, following the procedure indicated in the following articles, the User declares: i) to be at least 18 (eighteen) years old; ii) to have legal capacity.

ARTICLE 2 - REGISTRATION - CONTRACT SUBSCRIPTION PROCEDURE

2.1 To use the Wedding Site, the User must create and have their own personal account. The User registration procedure on the Site ("Registration") consists of the following steps: i) entering the name, surname, date of birth, and email address; ii) acceptance, by means of the "point and click" technique (i.e., by placing "flags" on non-preselected boxes), of the privacy information pursuant to art. 13 of EU Regulation 2016/679 ("GDPR"), drawn up by Fiancée as the data controller pursuant to art. 24 of the GDPR; iii) subscription, by means of the "point and click" technique, to the General Conditions.

2.2 The User is responsible for any false or incorrect statements they make and for any damages that such false or incorrect statements may cause to Fiancée or third parties. In such cases and in more serious cases, where a reasonable remedy is not possible, such statements will result in the termination of the contractual relationship established by accepting these GC.

2.3 The User declares and agrees to indemnify and hold Fiancée harmless from any claims for damages brought by third parties or sanctions in any way connected to the User's violation of this prohibition, reserving any action by Fiancée to protect its rights. Similarly, Fiancée cannot be held responsible, towards the User, for losses, including economic losses, and/or damages (including loss of profit, consequential damage, and loss of opportunities) suffered as a result of the violation of this provision.

2.4 The User declares and agrees to use the services offered by Fiancée in accordance with these GC, Italian law, and to refrain from acts against public order. The User also declares and agrees not to publish obscene or offensive content towards third parties.

2.5 The User declares and agrees to indemnify and hold Fiancée harmless for any liability for data and images published on the Site and/or the Wedding Site.

ARTICLE 3 - OBJECT

3.1 The contractual agreement with Fiancée is considered concluded when the User receives confirmation from Fiancée, via email from the following address no-reply@thefinacee.com, of the valid subscription to the GC ("Subscription Date").

3.2 By subscribing to these GC and for the entire duration thereof, the User can avail the following services, provided by Fiancée through the Site and/or the Wedding Site:

3.2.1 Support services for the User's utilization of the Site and the Wedding Site.

3.2.2 Support services in the creation of Lists that allow indicating the following information: (i) any monetary amount; (ii) any fantasy goods to which a specific gift amount is to be applied; (iii) reason/event for which the List is organized; (iv) any final closing date of the List, as well as (v) any other additional information, as indicated from time to time, (vi) Consultancy services for the User aimed at organizing the wedding, (vii) purchase of Fiancée Gifts.

ARTICLE 4 - OPERATION OF THE WEDDING SITE AND COLLECTION METHODS OF RECEIVED FUNDS

4.1 The Wedding Site functions as a "virtual space" within which the User, following Registration, under their exclusive responsibility and at their own risk, can purchase and/or receive Fiancée Gifts and/or receive Gifts from guests or request Consultancy.

4.2 The User can choose Fiancée Gifts or Gifts from a selection indicated within the Dashboard and insert them into the Wedding Site with their respective prices.

4.3 In the event that the User purchases Fiancée Gifts on their own behalf, they will proceed with the payment of the Fiancée Gift through bank transfer and/or through credit and/or debit card payment through the circuit selected at that time.

4.4 The User acknowledges that Fiancée takes possession of the funds given by the Guests to make Gifts and/or Fiancée Gifts, retaining a commission equal to 6% (six percent) of the amount to be transferred to the User.

4.5 Except as indicated in the following Article 4.6, in no way can Fiancée be considered responsible for the legality of the use of the Wedding Site, the truthfulness, legality, and/or completeness of the information provided therein, as well as any violations of the rights of third parties committed by Users through the Wedding Site (for example, Fiancée does not control whether a List is used for the purpose indicated on the Platform).

4.6 Without prejudice to what is indicated in the previous Article 4.4, exclusively in the case of reports by third parties of potential injuries and/or harm to their rights, as a result of Lists, information, and/or comments published by Users within the Site and/or the Wedding Site, Fiancée, at its sole discretion, reserves the right to take the measures referred to in Article 11 (Withdrawal), without the User who published such content within the Wedding Site being able to raise any objections to Fiancée.

4.7 Users acknowledge and accept that Fiancée is not a party to the relationships established between Users, and between Users and Guests by participating in a List, which may therefore be governed by legal rules and/or separate agreements, including verbal or conclusive behaviors, concluded between the Users themselves. Therefore, Fiancée assumes no responsibility arising from any non-compliance by Users with obligations arising from participation in a List, carried out by certain Users towards other Users or Guests and to the detriment of their rights or the rights of third parties.

ARTICLE 5 – INSERTION METHODS OF GIFT AMOUNTS, PURCHASE OF FIANCÉE GIFTS, AND CONSULTANCY SERVICE

5.1 Within the Wedding Site, Users can purchase, through the methods indicated in the previous Article 4.2, the following goods and services:

Fantasy goods with a fixed amount to be gifted (e.g., trip to the Moon, contribution price: 100.00 euros);

Furniture sold directly by Fiancée and chosen by Users from a specific catalog available on the page thefiancee.com/products.

5.2 Users will use a dashboard, within the Site for creating and managing their wedding list, to insert the mentioned goods.

5.3 Within the Site, Users can avail themselves of the Consultancy service, also through the use of their reserved dashboard, offered by Fiancée for wedding planning. The price of the Consultancy service varies depending on the type of Consultancy requested.

5.4 Payment for the Consultancy service will only occur once Users have accepted the corresponding quote.

ARTICLE 6 – WARRANTY FOR THE PURCHASE OF FIANCÉE GIFTS

6.2 With reference to Fiancée Gifts sold directly by Fiancée, by subscribing to these GC, Fiancée guarantees that they conform to the use for which they were created and sold.

6.3 Pursuant to articles 130 and 132 of the Consumer Code, Fiancée guarantees the User the proper functioning of Fiancée Gifts for a period of 2 (two) years from the date of delivery indicated in the email confirming the purchase of the goods, and is therefore responsible for any Defect of Conformity that occurs within this period.

6.4 Under article 132 of the Consumer Code, the User loses the rights provided for in article 130, paragraph 2 of the same code if they do not report the defect of conformity to Fiancée within 2 months from the date on which the defect was discovered. The report is not necessary if Fiancée has acknowledged the existence of the defect or has hidden it.

6.5 In any case, unless proven otherwise, it is presumed that defects of conformity that occur within 6 months of the delivery of the Fiancée Gift already existed at that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the Defect of Conformity.

6.6 In case of Defect of Conformity, the User may request, alternatively and without expenses:

1. Repair of the Fiancée Gift;

2. Replacement of the Fiancée Gift; unless the request is objectively impossible to satisfy or excessively burdensome for Fiancée, according to article 130, paragraph 4, of the Consumer Code.

6.7 The request must be submitted in writing to Fiancée, by registered mail with return receipt, to the following contacts: carlotta@thefiancee.com

6.8 Fiancée, once the existence of the defect or other problem is ascertained, will indicate its willingness to comply with the request, or the reasons preventing it, within 7 working days from receipt. In the same communication, if Fiancée has accepted the User's request, it must indicate the methods of shipment or return of the defective Fiancée Gift, as well as the expected deadline for the return or replacement of the defective item.

6.9 If repair and replacement are impossible or excessively burdensome, or if Fiancée has not carried out the repair or replacement of the Fiancée Gift within the deadline indicated above, or finally, if the replacement or repair previously carried out has caused significant inconvenience to the User, they may request, at their choice:

1. A fair price reduction or

2. The resolution of the sales contract.

6.10 The User must in this case submit their request, in writing and in the manner indicated in the previous Article 6.6, to Fiancée, which will indicate its willingness to comply with the request or the reasons preventing it, within 7 working days from receipt.

6.11 In the same communication, Fiancée, if it has accepted the User's request, must indicate the proposed price reduction or the methods for returning the defective Fiancée Gift. In such cases, it will be the User's responsibility to indicate the methods for refunding the sums previously paid to Fiancée.

6.12 It is understood that, under article 129 of the Consumer Code, no defect of conformity can be invoked by the User, nor any compensation will be due if the User was aware of the defect of the Fiancée Gift and accepted to purchase it anyway.

6.13 Fiancée also provides legal guarantees regarding the freedom of Fiancée Gifts from seizures, attachments, reclamation actions, and in general for any case of eviction.

ARTICLE 7 – OBLIGATIONS OF THE PARTIES

7.1 By subscribing to and accepting these GC, Fiancée undertakes to ensure the absence of inherent defects and faults in the Site and the Wedding Site, except in cases where the malfunction is not attributable to Fiancée, as it arises from circumstances beyond its reasonable control or Force Majeure (as defined in Article 15 Force Majeure). In any case, the User declares to be aware and accepts that, in general, it is in the nature of software products (such as the Site and the Wedding Site) not to be completely free from errors. Consequently, the User expressly agrees that the possible existence of errors in the Site and the Wedding Site, unless resulting from willful misconduct or gross negligence of Fiancée, does not constitute a breach of the obligations assumed by the latter under these GC.

7.2 The User, by subscribing to these GC, undertakes to:

Keep confidential the access credentials to the Site and/or the Wedding Site and assumes all responsibility for any disclosure of such information by themselves;

Use the Site and the Wedding Site in accordance with the applicable law (including, by way of example, regulations on the processing of personal data), these GC, and any additional instructions communicated by Fiancée, also within the Site and the Wedding Site;

Not use the Site and the Wedding Site fraudulently or in a manner offensive or harmful to the reputation and honor or other rights of Fiancée and/or third parties (including, by way of example and not exhaustively, other Users);

Not engage in any conduct, action, or behavior potentially capable of: (i) infringing and/or prejudicing Fiancée's IP Rights (as defined in the following Article 9); (ii) prejudicing in any way the operation of the Site and/or the Wedding Site; (iii) violating the applicable laws.

7.3 In case of User's failure to comply with any of the commitments under the previous Article 7.2, as well as other abusive conduct carried out through the Site and/or the Wedding Site, the User undertakes to indemnify and hold Fiancée harmless from any claims, compensation claims, damage, or prejudicial effects that may result, both directly and indirectly, from claims by third parties (including, by way of example and not exhaustively, other Users).

7.4 Without prejudice to the provisions of the previous Article 7.3, in case of User's failure to comply with any of the commitments under the previous Article 7.2, or in case of reported abuses by any third party (including other Users) and/or any authority, Fiancée, at its sole discretion, reserves the right to suspend access to the Site and the Wedding Site and interrupt the use of services by the User for a period necessary to verify the received reports and/or until the User remedies the non-compliance that caused the suspension of services. Furthermore, in case of User's failure to remedy within 15 (fifteen) days from Fiancée's written request, the latter may terminate this Contract, under the terms of the subsequent Article 12, for the User's attributable breach.

ARTICLE 8 - ECONOMIC TERMS

8.1 Throughout the duration of these GC, the User uses the Site and the Wedding Site and benefits from related services free of charge, and therefore, without having to pay any consideration to Fiancée, except for the payment of the commission as per the previous Article 4.4 and the fee for the Consultation service and/or for the purchase of Fiancée Gifts by the User himself, and for some services related to payment methods made by the User on the Site and the Wedding Site through payment processors, and for the specific purchase of digital products or additional services or packages, all as better specified on www.thefiancee.com/pricing, to which reference is made for further details.

8.2 Before making the payment due, the User will have an overview of all expenses to be incurred and the total amount to be paid, all in full transparency.

ARTICLE 9 – INTELLECTUAL PROPERTY RIGHTS

9.1 All texts, graphic elements of the Site and the Wedding Site, and everything connected to them and disseminated through them, as well as the presentation and assembly, trademarks, and other distinctive signs are exclusively owned by Fiancée, which holds the usage rights.

9.2 In this sense, the aforementioned elements constitute a work protected by the entirety of Italian and European legislation on intellectual property.

9.3 Fiancée does not grant a license or authorization to use industrial and intellectual property rights or any other property or right related to the Site and the Wedding Site unless expressly agreed with third parties.

9.4 The User may reproduce the content of the site solely for the purpose of preserving it, creating backup copies, or printing on paper.

9.5 In accordance with the above, any reproduction or presentation, even partial, of the content of the Site and/or the Wedding Site or any of its elements for commercial purposes or for a use other than that mentioned will be prohibited unless written permission is obtained from Fiancée. Failure to comply with this will entitle Fiancée to protect its rights in the appropriate legal forums.

9.6 Similarly, the extraction of elements from the Site causing damage of any kind to Fiancée is prohibited, in accordance with the provisions of Legislative Decree no. 68 of April 9, 2003, which establishes the matter related to Intellectual Property.

9.7 Rights not expressly granted above are reserved to Fiancée or, in specific cases, to third-party collaborators of Fiancée.

9.8 All trade names, trademarks or distinctive signs, logos, symbols, mixed, figurative or nominative marks appearing on the Site and/or the Wedding Site belong to Fiancée, or Fiancée itself has the necessary usage licenses for their use.

9.9 The User, by accepting these GC, grants Fiancée, with respect to the content it publishes, a worldwide and non-exclusive authorization to reproduce and publicly communicate them on the Wedding Site and to transform them for the purpose of adapting them to the technical needs of the service, during the maximum validity period recognized in intellectual property legislation.

9.10 In the event that a User or third party believes that a violation of its legitimate intellectual, industrial, and/or image property rights has occurred due to the introduction of certain content on the Site and/or the Wedding Site, it must notify the incident to the email address info@thefiancee.com, indicating:

Personal data of the User holder of the allegedly infringed rights. If the complaint is filed by third parties other than the User, it will be necessary to indicate the representation with which they operate.

A description of the protected content and its location on the website.

Appropriate recognition of the mentioned intellectual or industrial property rights.

An explicit statement in which the User takes responsibility for the truthfulness of the information given in the communication.

ARTICLE 10 – DISCLAIMER IN FAVOR OF FIANCE'E

10.1 In accordance with these GC, the User uses the Site and the Wedding Site and avails the services independently, assuming all responsibility arising from such activities. Also, considering the functioning of the Wedding Site and the resulting relationships established among various Users through the use of services, as described in the preceding articles and without prejudice to the provisions in these GC, the User acknowledges and accepts that Fiancée does not conduct any preliminary verification of the characteristics, reasons, and/or purposes of the Lists and/or payment transactions, and/or information and comments posted by a User within the Wedding Site. Fiancée has no responsibility, except as indicated in the previous Article 6 regarding Gifts and Fiancée Gifts possibly purchased through payment transactions made by the User. Therefore, Fiancée is not liable to the User for losses or damages resulting from the use or non-use, inability to use, the Site of the Wedding Site and/or other services, or for the failure of other Users to fulfill certain obligations they have assumed towards that User under current regulations and/or agreements between them.

ARTICLE 11 - WITHDRAWAL

11.1 These General Conditions shall be effective from the respective Subscription Date by the User as per the procedure indicated in the previous Article 3.

11.2 Without prejudice to the foregoing, under the terms and for the purposes of Article 52 et seq. of the Consumer Code, the User has the right to withdraw, in whole or in part, from these GC within a period of 14 (fourteen) days from the Subscription Date.

11.3 Notwithstanding the provisions of the previous Article 11.2, each Party may withdraw from these GC by giving written notice to the other, by registered mail to the following address: The Fiancée LTD, Company Number: 15190751, registered office at 21-22 Grosvenor Street, W1K4QJ, London (England), or via PEC to thefiancee@pec.it, with a notice period of 30 (thirty) days. In addition to this method, the User can also communicate their intention to withdraw from these General Conditions by using the appropriate form, made available on the Site and/or Wedding Site. The remaining balance in the withdrawing User's Wallet will be transferred to the bank account with the IBAN provided by the User during registration.

11.4 For the purchase of personalized Fiancée Gifts, in accordance with Article 59 of the Consumer Code, since it involves the supply of goods made to measure and clearly personalized, the right of withdrawal is not applicable.

ARTICLE 12 - EXPRESS TERMINATION CLAUSE

12.1 Without prejudice to any further rights provided by law, Fiancée has the right to terminate these GC with immediate effect, pursuant to and for the purposes of Article 1456 of the Civil Code, by written communication sent to the User using the methods (registered mail or PEC) and addresses indicated in the previous Article 11.3. The communication shall contain the declaration of intending to avail itself of this express termination clause in the event of the User's breach of any of the following articles: 5 (methods of entering gift amounts, purchase of goods, and consultancy service); 7 (Obligations of the parties); 9 (Intellectual Property Rights).

ARTICLE 13 – EFFECTS OF TERMINATION OF THE GENERAL CONDITIONS

13.1 In the event of the termination of the effectiveness of these GC for any reason, the User acknowledges and agrees that they will no longer be able to access the Wedding Site or benefit from any of the services offered. Consequently, the User also undertakes to cease the use of the Intellectual Property Rights as specified in the previous Article 9.

ARTICLE 14 - AMENDMENT OF THE GENERAL CONDITIONS

14.1 Fiancée may unilaterally modify these General Conditions at any time due to technical, economic, and managerial needs and/or due to changes in applicable laws and regulations.

14.2 In the event of a modification as per the previous Article 14.1, the User acknowledges and agrees that:

14.2.1 If the modification solely concerns the technical operation of the Site and/or Wedding Site (e.g., data entry methods and/or publication of Lists on the Wedding Site), it will immediately become effective between the Parties. The User cannot object to it, recognizing Fiancée's authority to update the functions of the Site and/or Wedding Site and operational interfaces with those accessing the services at any time.

14.2.2 If the modification is required, under penalty of nullity or invalidity of one or more provisions of the General Conditions, due to subsequent changes in the applicable primary or secondary legislation or authentic interpretations and jurisprudence, it will immediately become effective between the Parties. The User cannot object to it, subject to the User's right to terminate within 30 (thirty) days from Fiancée's communication, as per the previous Article 11.3, without any charge or penalty.

14.2.3 In all other cases, the proposed modification by Fiancée will only become effective after a period of 30 (thirty) days from Fiancée's communication. The User has the right to terminate within the same period, as per the previous Article 11.3, without any charge or penalty.

ARTICLE 15 - FORCE MAJEURE

15.1 If Fiancée is unable to fulfill contractual obligations, including, in particular, ensuring the operation of the Site and/or Wedding Site and the provision of services, due to fires, wars, strikes, embargoes, government regulations, or other civil or military authorities, omissions and negligence of carriers or suppliers (including, by way of example, third parties responsible for ensuring the Platform's operation), vandals or hackers, failures or malfunctions of third-party networks, telecommunications equipment, websites, software and hardware, or other technologies, epidemics and pandemics, extraordinary measures by competent authorities limiting business activities, and any other circumstances beyond Fiancée's reasonable control ("Force Majeure"), the period for the performance of the obligations under these General Conditions will be extended for the period of delay or impossibility to perform due to the specific causes of Force Majeure. It is understood that if a Force Majeure situation persists for more than 15 (fifteen) days, the User may terminate these General Conditions, provided that in such case, no compensation or indemnity will be due from Fiancée.

ARTICLE 16 - CONTACTS AND USER SERVICE

16.1 Any notice or communication between the Parties regarding these General Conditions must be made in writing and sent by email to the following addresses:

Fiancée: info@thefiancee.com

User: email address provided during Registration. It is the User's responsibility to ensure the constant updating of their email address within the Platform.

16.2 Communications related to technical/operational services may also be validly communicated by Fiancée through notifications available on the Site and/or Wedding Site.

16.3 The assistance and support service for User access and proper operation on the Site and Wedding Site is available from Monday to Friday during office hours at the following contacts info@thefiancee.com or through notifications available on the Site and/or Wedding Site.

ARTICLE 17 - MISCELLANEOUS

17.1 (Survival) If one or more provisions, or portions thereof, of these General Conditions are, by applicable law under the following Article 17.1, or by court order, declared invalid, illegal, or otherwise unenforceable, in whole or in part, the remaining provisions, or portions thereof, remain nonetheless binding and enforceable by and between the Parties. In any case, the Parties undertake to agree in good faith to introduce an alternative provision as similar and compatible as possible with the one found to be invalid, illegal, or unenforceable.

17.2 (Tolerance) The delayed, omitted, or partial exercise of any right provided by these General Conditions, or the tolerance of a breach by the other Party, will not in any way prejudice the Party entitled to such right, or subsequent to such breach, unless it has expressly waived it in writing.

17.3 (Prohibition of Assignment) No Party may validly assign or transfer to third parties, in whole or in part, for any reason or under any circumstances, these General Conditions or any right or obligation arising from them, without the prior written consent of the other Party.

17.4 (Privacy) The User acknowledges and agrees that their personal data communicated for the purposes of these General Conditions and/or entered into the Site and/or Wedding Site will be processed by Fiancée in accordance with the Privacy Policy provided on the Site and in compliance with current regulations (including, by way of example and not exhaustive, GDPR).

ARTICLE 18 - APPLICABLE LAW AND JURISDICTION

18.1 The Parties agree that the applicable law to these General Conditions is Italian law.

18.2 The User who, in relation to these General Conditions, complains of the violation of their right or interest and intends to take legal action, must first promote the mandatory attempt at conciliation as provided by the current regulations issued by the Authority for Communications Guarantees with resolution 203/18/CONS and subsequent amendments and additions.

18.3 In the event of a dispute between the Parties regarding the existence, validity, interpretation, and execution of these General Conditions for which the Parties do not find an amicable solution as indicated in the previous Article 18.1, the competent jurisdiction will be the residence of the User, without prejudice to the User's right to spontaneously resort to the forum chosen by Fiancée, namely, the Milan forum.

18.4 Fiancée reminds the User that, pursuant to Article 14 of EU Regulation 524/2013, and without any obligation, the User can find all useful information to access online dispute resolution mechanisms (so-called ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

ARTICLE 19 - FINAL PROVISIONS

19.1 This document, sent to the User, also intends to fulfill the information obligations to which Fiancée is obliged in accordance with the legal provisions for distance contracts and contracts negotiated outside commercial premises (Consumer Code). This Contract is subject to changes and/or additions imposed by specific acts and/or regulatory measures.

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