{"id":238620,"date":"2020-03-08T22:36:12","date_gmt":"2020-03-08T22:36:12","guid":{"rendered":"https:\/\/ftmshopping.murasakihaiku.com\/error\/"},"modified":"2026-06-21T00:53:33","modified_gmt":"2026-06-21T00:53:33","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/ftmshopping.murasakihaiku.com\/en-gb\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

Terms and Conditions<\/h1><\/div><\/div><\/div><\/div><\/div>
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These Terms govern<\/span><\/p>\n

    \n
  • the use of this Website, and,<\/span><\/li>\n
  • any other related Agreement or legal relationship with the Owner<\/span><\/li>\n<\/ul>\n

    in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.<\/span><\/p>\n

     <\/p>\n

    The User must read this document carefully.<\/span><\/p>\n

    This Website is provided by:<\/span><\/p>\n

    FTM Shopping, Via mantova 35 Parma 43123 PR Italy<\/span><\/p>\n

    Owner contact email:<\/b> customercare@ftmshopping.it<\/span><\/p>\n

    What the User should know at a glance<\/b><\/h2>\n
      \n
    • Usage of this Website and the Service is age restricted<\/b>: to access and use this Website and its Service the User must be an adult under applicable law.<\/span><\/li>\n<\/ul>\n
        \n
      • The Service\/this Website is only intended for Consumers.<\/span><\/li>\n<\/ul>\n

        TERMS OF USE<\/b><\/h2>\n

        Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.<\/span><\/p>\n

        Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.<\/span><\/p>\n

        By using this Website, Users confirm to meet the following requirements:<\/span><\/p>\n

          \n
        • Users must qualify as Consumers;<\/span><\/li>\n<\/ul>\n
            \n
          • Users must be recognized as adult by applicable law;<\/span><\/span>\n

            <\/span><\/p>\n<\/li>\n<\/ul>\n

            Account registration<\/b><\/h3>\n

            To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.<\/span><\/p>\n

            Failure to do so will cause unavailability of the Service.<\/span><\/p>\n

            Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.<\/span><\/p>\n

            By registering, Users agree to be fully responsible for all activities that occur under their username and password.<\/span><\/p>\n

            Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.<\/span><\/p>\n

            Conditions for account registration<\/b><\/h4>\n

            Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.<\/span><\/p>\n

              \n
            • Unless otherwise specified, each User must register only one account.<\/span><\/li>\n<\/ul>\n
                \n
              • Unless explicitly permitted, a User account may not be shared with other persons.<\/span><\/li>\n<\/ul>\n

                Account termination<\/b><\/h4>\n

                Users can terminate their account and stop using the Service at any time by doing the following:<\/span><\/p>\n

                  \n
                • By directly contacting the Owner at the contact details provided in this document.<\/span><\/li>\n<\/ul>\n

                  Account suspension and deletion<\/b><\/h4>\n

                  The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.<\/span><\/p>\n

                  The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.<\/span><\/p>\n

                  The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.<\/span><\/p>\n

                  Content on this Website<\/b><\/h3>\n

                  Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.<\/span><\/p>\n

                  The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.<\/span><\/p>\n

                  In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.<\/span><\/p>\n

                  Rights regarding content on this Website - All rights reserved<\/b><\/h4>\n

                  The Owner holds and reserves all intellectual property rights for any such content.<\/span><\/p>\n

                  Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.<\/span><\/p>\n

                  In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer\/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.<\/span><\/p>\n

                  Where explicitly stated on this Website, the User may download, copy and\/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.<\/span><\/p>\n

                  Any applicable statutory limitation or exception to copyright shall stay unaffected.<\/span><\/p>\n

                  Access to external resources<\/b><\/h3>\n

                  Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.<\/span><\/p>\n

                  Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties\u2019 terms and conditions or, in the absence of those, applicable statutory law.<\/span><\/p>\n

                  Acceptable use<\/b><\/h3>\n

                  This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.<\/span><\/p>\n

                  Users are solely responsible for making sure that their use of this Website and\/or the Service violates no applicable law, regulations or third-party rights.<\/span><\/p>\n

                  Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities \u2013 such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:<\/span><\/p>\n

                    \n
                  • violate laws, regulations and\/or these Terms;<\/span><\/li>\n
                  • infringe any third-party rights;<\/span><\/li>\n
                  • considerably impair the Owner\u2019s legitimate interests;<\/span><\/li>\n
                  • offend the Owner or any third party.<\/span><\/li>\n<\/ul>\n

                    \u201cTell-a-friend\u201d<\/b><\/h3>\n

                    This Website gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Website.<\/span><\/p>\n

                    In order to take advantage of this offer, Users may invite others to purchase the Products on this Website by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.<\/span><\/p>\n

                    If upon purchase of the Products on this Website any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this Website.<\/span><\/p>\n

                    Tell-a-friend codes may be limited to specific Products among those offered on this Website.<\/span><\/p>\n

                    The Owner reserves the right to end the offer at any time at its own discretion.<\/span><\/p>\n

                    While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.<\/span><\/p>\n

                    TERMS AND CONDITIONS OF SALE<\/b><\/h2>\n

                    Paid Products<\/b><\/h3>\n

                    Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.<\/span><\/p>\n

                    The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.<\/span><\/p>\n

                    Product description<\/b><\/h3>\n

                    Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.<\/span><\/p>\n

                    While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.<\/span><\/p>\n

                    The characteristics of the chosen Product will be outlined during the purchasing process.<\/span><\/p>\n

                    Purchasing process<\/b><\/h3>\n

                    Any steps taken from choosing a Product to order submission form part of the purchasing process.<\/span><\/p>\n

                    The purchasing process includes these steps:<\/span><\/p>\n

                      \n
                    • Users must choose the desired Product and verify their purchase selection.<\/span><\/li>\n
                    • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.<\/span><\/li>\n<\/ul>\n

                      Order submission<\/b><\/h3>\n

                      When the User submits an order, the following applies:<\/span><\/p>\n

                        \n
                      • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.<\/span><\/li>\n
                      • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.<\/span><\/li>\n
                      • Upon submission of the order, Users will receive a receipt confirming that the order has been received.<\/span><\/li>\n<\/ul>\n

                        All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.<\/span><\/p>\n

                        Prices<\/b><\/h3>\n

                        Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.<\/span><\/p>\n

                        Prices on this Website are displayed:<\/span><\/p>\n

                          \n
                        • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.<\/span><\/li>\n<\/ul>\n

                          Offers and discounts<\/b><\/h3>\n

                          The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.<\/span><\/p>\n

                          Offers and discounts are always granted at the Owner\u2019s sole discretion.<\/span><\/p>\n

                          Repeated or recurring offers or discounts create no claim\/title or right that Users may enforce in the future.<\/span><\/p>\n

                          Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner\u2019s location details in this document, unless otherwise specified.<\/span><\/p>\n

                          Coupons<\/b><\/h3>\n

                          Offers or discounts can be based on Coupons.<\/span><\/p>\n

                          If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.<\/span><\/p>\n

                          Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.<\/span><\/p>\n

                          Unless otherwise stated, these rules apply to the use of Coupons:<\/span><\/p>\n

                            \n
                          • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and\/or the Coupon;<\/span><\/li>\n
                          • A Coupon may only be applied, in its entirety, at the actual time of purchase \u2013 partial use is not permitted;<\/span><\/li>\n
                          • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;<\/span><\/li>\n
                          • A Coupon cannot be applied cumulatively;<\/span><\/li>\n
                          • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;<\/span><\/li>\n
                          • The User is not entitled to any credit\/refund\/compensation if there is a difference between the value of the Coupon and the redeemed value;<\/span><\/li>\n
                          • The Coupon is intended solely for non\u2013commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and\/or use of the Coupon.<\/span><\/li>\n<\/ul>\n

                            Methods of payment<\/b><\/h3>\n

                            Information related to accepted payment methods are made available during the purchasing process.<\/span><\/p>\n

                            Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.<\/span><\/p>\n

                            All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information \u2013 such as credit card details \u2013 but only receives a notification once the payment has been successfully completed.<\/span><\/p>\n

                            If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.<\/span><\/p>\n

                            Retention of Product ownership<\/b><\/h3>\n

                            Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User\u2019s property.<\/span><\/p>\n

                            Delivery<\/b><\/h3>\n

                            Deliveries are made to the address indicated by the User and in the manner specified in the order summary.<\/span><\/p>\n

                            Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.<\/span><\/p>\n

                            Goods are delivered to the countries or territories specified in the relevant section of this Website.<\/span><\/p>\n

                            Delivery times are specified on this Website or during the purchasing process.<\/span><\/p>\n

                            Failed delivery<\/b><\/h4>\n

                            The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.<\/span><\/p>\n

                            If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.<\/span><\/p>\n

                            Unless otherwise agreed, any delivery attempt starting from the second shall be at the User\u2019s expense.<\/span><\/p>\n

                            User rights<\/b><\/h2>\n

                            The right of withdrawal does not apply on this Website<\/b><\/h3>\n

                            According to the common Regulations, you have the right to cancel your order within 14 days of receipt of the goods.<\/span><\/p>\n

                             <\/p>\n

                            However, this does not apply to personalized items: due to the nature of the customized products, returns, modifications or cancellations are not accepted once an order has been placed.<\/span><\/p>\n

                             <\/p>\n

                            Legal guarantee of conformity for goods<\/b><\/h3>\n

                            Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they\u2019ve been delivered to the purchaser.<\/span><\/p>\n

                            Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Website in accordance with the laws of the country of their habitual residence.<\/span><\/p>\n

                            National laws of such countries may grant such Users broader rights.<\/span><\/p>\n

                            In particular, Consumers based in France can exercise guarantee rights within two years of delivery of the goods without being required to provide evidence of the good\u2019s defect or lack of conformity. The period of time for which the Consumer is exempted from providing evidence of the fault is reduced to six months in case of used goods.<\/b><\/p>\n

                            When exercising guarantee rights, Consumers may choose between requesting replacement or reparation of the faulty goods at the conditions set out in the French Consumer Code.<\/b><\/p>\n

                            This statutory guarantee of conformity applies regardless of any commercial guarantee possibly offered by the Owner.<\/b><\/p>\n

                            Consumers may also exercise their right of guarantee for hidden faults according to the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction.<\/b><\/p>\n

                            Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.<\/span><\/p>\n

                             <\/p>\n

                            Exchanges<\/b><\/h3>\n

                            We offer replacement of the defective product if the product has not been extracted in any way from its transparent envelope: the envelope is sealed with an anti-tamper serial that allows us to understand if the envelope has been opened or not.<\/span><\/p>\n

                            We pack the product in a transparent envelope to allow you to inspect it without opening the envelope and compromising the anti-tampering control: you can send back the goods and ask for a replacement.<\/span><\/p>\n

                            The product is also kept in a sealed box too.<\/span><\/p>\n

                            If the box was opened by someone during the shipment, we suggest that you contact us immediately to start a practice with the UPS forwarder.<\/span><\/p>\n

                            We cannot in any way replace prostheses that have tampered with the transparent envelope.<\/span><\/p>\n

                            To make sure we have packed everything correctly and never send defective products, we prepare a video that tests the product\u2019s stress test and its packaging with a unique serial for each product.<\/span><\/p>\n

                            Shipping<\/b><\/h3>\n

                            To return your product, you should mail it to the logistic address you'll find in your Invoice.<\/span><\/p>\n

                            You will be responsible for paying for your own shipping costs for returning your item. If you want us to manage your shipping via UPS the shipping cost will be of 30$ from the USA, 20$ from Europe. For other countries, costs can increase\/decrease.<\/span><\/p>\n

                            Sadly we cannot be responsible for parcels that fail to reach us so we recommend you obtain tracking code from your shipping service.\u00a0<\/span><\/p>\n

                             <\/p>\n

                            Liability and indemnification<\/b><\/h2>\n

                            EU Users<\/b><\/h3>\n

                            Indemnification<\/b><\/h4>\n

                            The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand \u2060\u2014 including but not limited to lawyer's fees and costs \u2060\u2014 made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.<\/span><\/p>\n

                            Limitation of liability<\/b><\/h4>\n

                            Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).<\/span><\/p>\n

                            This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and\/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.<\/span><\/p>\n

                            Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.<\/span><\/p>\n

                            In particular, within the limits stated above, the Owner shall not be liable for:<\/span><\/p>\n

                              \n
                            • damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and \/ or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;<\/span><\/li>\n<\/ul>\n
                                \n
                              • any losses that are not the direct consequence of a breach of the Terms by the Owner;<\/span><\/li>\n<\/ul>\n

                                Australian Users<\/b><\/h3>\n

                                Limitation of liability<\/b><\/h4>\n

                                Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner\u2019s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.<\/span><\/p>\n

                                US Users<\/b><\/h3>\n

                                Disclaimer of Warranties<\/b><\/h4>\n

                                This Website is provided strictly on an \u201cas is\u201d and \u201cas available\u201d basis. Use of the Service is at Users\u2019 own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties \u2014 whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.<\/b><\/p>\n

                                Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users\u2019 requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users\u2019 computer system or mobile device or loss of data that results from such download or Users\u2019 use of the Service.<\/b><\/p>\n

                                The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.<\/b><\/p>\n

                                The Service may become inaccessible or it may not function properly with Users\u2019 web browser, mobile device, and\/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.<\/b><\/p>\n

                                Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.<\/b><\/p>\n

                                Limitations of liability<\/b><\/h4>\n

                                To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for<\/b><\/p>\n