The following General Conditions constitute the terms and conditions prepared by the Feminine Company of Luigi Feminò for the regulation and discipline:
a) access and use of the website www.femino.eu;
b) the purchase of Products through the website www.femino.eu.
Browsing any page of the website www.femino.eu, users declare that they have previously viewed, understood and accepted these General Conditions in their entirety and without any reservation.
In any case, anyone intending to purchase a Product sold by Feminò through the website www.femino.eu must expressly accept this document and all the clauses contained herein.
Likewise, anyone who intends to submit a Registration Request to the website www.femino.eu for the activation of the Personal Account must expressly accept this document and all the clauses contained therein.
For the above purposes, the computer system of the Site will request the express acceptance of the General Conditions by means of a “first click” and, after having highlighted the clauses with restrictive or derogatory content of the law, will request a “second click” which it will also produce the effects of a specific written approval of the content of these clauses.
Furthermore, the Online Sales Agreement concluded by the Customer with Feminò will be governed not only by these General Conditions, but also by all the information included in the Product Purchase Confirmation Email.
Feminò will allow all Users, at any time and without any limitation, to download and print this document.
It is the responsibility of the Users to save and / or print a copy of these General Conditions and of the Purchase Confirmation Email with the relative attachments.
It is possible to save, archive and / or print the details of a purchase order using the relevant browser command that appears on the last screen of the Purchase Procedure.
In case of conclusion of an Online Sales Agreement, the Customer will receive a copy of the General Conditions in the Purchase Confirmation Email.
Pursuant to and for the purposes of these General Conditions, the following definitions apply which, when used with the specific meaning below, have the first letter in capital letters. All terms used in the singular also apply if used in the plural and vice versa:
“Feminò” means the Feminino Company of Luigi Feminò having its registered office in 95010 – Santa Venerina (CT), Via Martoglio 1, VAT number 05532820874, n. REA CT – 404913, which can be contacted by e-mail at firstname.lastname@example.org or by certified e-mail at Aziendafemino@pec.it.
“Personal Account” means the reserved area of the Site, accessible by the User through the Credentials from the date of receipt of the Registration Confirmation Email.
“Shopping Cart” indicates the section of the Site where the User, after viewing and selecting the Products from the Catalog of Products that he intends to purchase, can view the summary of the Products, with the relative details for each individual Product, the Price, the ‘VAT applied, the shipping cost and any other costs.
“Product Catalog” means the page or web pages of the Site where all the Products purchasable by the Customer through the Site are cataloged and therefore offered to the public, only where available, under the terms and conditions specified in these General Conditions.
“Customer” means the User who, having viewed the Product Catalog, declares to have expressly accepted and specifically approved these General Conditions, makes the payment of the Price through the Site thereby concluding an Online Sales Contract with Feminò.
“Comment” indicates the manifestation of thought, including a critical judgment, that the Customer can freely express in relation to the product offered by Feminò and its quality, which Feminò reserves the right to publish on the Site at its unquestionable judgment and discretion.
“General Conditions” means this document, which can be viewed and downloaded by Users through the home page of the Site, recalled during the purchase phase and attached to the Product Purchase Confirmation Email as general conditions of sale.
“Feminò Content” means everything that Feminò makes available on the Site (in the form of text messages, graphics, images, sounds, audio, video, etc …) including any content of a third party, including User Comments, for the publication of which Feminò has in any case been previously authorized.
“Online Sales Contract” means the sales contract, concluded between the Customer and Feminò through the Site, which has as its object the purchase of one or more Products upon payment of the Price;
“Credentials” indicates the User ID and password used by the Members to log into the Personal Account. Credentials are chosen by Users and reported in the Registration Request. They can be modified at any time by the Members through a special section inside the Personal Account;
“Registration Confirmation Email” means the email that Feminò sends to the User after receiving the Registration Request through the Site, and containing the General Conditions;
“Purchase Confirmation Email” means the email that Feminò sends to the Customer after having received the payment of the Price for the Product purchased by the Customer through the Site and containing the General Conditions to be valid as general conditions of sale;
“Registered” means the User who, having processed the Registration Request, obtains the activation of a Personal Account which allows him to proceed with the purchase of one or more Products;
“Trademark” indicates the distinctive sign used by Feminò to identify the Products, currently being registered with the competent authorities;
“Price” means the sum of money, expressed in Euro, overall owed by the Customer to Feminò as consideration for the Product purchased. It includes any costs related to the payment Transaction in favor of third party companies that process and manage the payments (eg Paypal) but does not include any costs foreseen by the Customer’s bank;
“Purchase Procedure” indicates the process that the Customer, upon acceptance of these General Conditions to be valid as general conditions of sale, is required to follow if he intends to conclude an Online Sales Contract with Feminò for the purchase of at least one Product;
“Product” or “Feminò Product” indicates the products offered for sale by Feminò, which the User can view in the Product Catalog and which the Member can purchase. Feminò undertakes to sell to the Customer a Product that corresponds and conforms to that described in the Product Catalog, the characteristics of which will be specified in the relative labels, drawn up in compliance with the current regulations;
“Profile” indicates the set of personal data and information, including its own image, that the User enters during the Application for Registration and which will be processed by Feminò in accordance with any regulatory provision regarding privacy;
“Registration Request” means the request, filled in by the User through a special guided procedure, with which the aspiring Registered member expressly and unreservedly declares to accept these General Conditions, asks to be able to operate within the Site with the quality of Registered, with all and consequent charges, obligations and responsibilities;
“Transaction” indicates the last phase of the Purchase procedure during which the User makes the payment of the Price also by redirect to the site of third-party companies (eg Paypal); the User declares to accept also the general conditions of use applied by third party companies without whose acceptance the Transaction would not be successful;
“User” means all those who use the Site by browsing within any page and who, by the mere fact of having accessed it, declare that they have read and accept these General Conditions of use of the Site.
1 – General operation of the Site.
1.1 – The Site is accessible to all Users at www.femino.eu.
1.2 – Feminò makes available the Site which includes an online platform through which Feminò promotes and sells the Products. Access, navigation within the Site and the mere display of the Catalog of Products offered by Feminò is free for all Users.
1.3 – By connecting to the Site, the User can view the individual Products offered for sale by Feminò. The User, having properly evaluated the information contained in the Product Catalog, will be able to initiate the Purchase Procedure of one or more Products and carry out the Transaction aimed at paying the Price in favor of Feminò.
1.4 – Upon receipt of the purchase confirmation emails, the Online Sales Agreement between the Customer and Feminò is finalized. Only customers of age can enter into an online sales contract with Feminò.
2 – How to start the Purchase Procedure.
2.1 – The User can view one or more Products, checking their availability, in the Product Catalog.
2.2 – The Site indicates the Product Price and any General Conditions of Sale applied by Feminò as a partial derogation or in addition to these General Conditions.
Once one or more Products have been selected, the Member must enter all the information and data requested by the Site and marked as mandatory. Shipping costs are calculated at the time of entering the delivery address of the shipment and the choice, by the Member, of the type of shipment. The details of the shipping costs are shown in the Cart.
2.3 – The Purchase procedure can continue only if the User:
(i) is registered on the site www.femino.eu
(ii) enters all the information and data requested by the Site and marked as mandatory;
(iii) verifies the correct insertion of each data entered;
(iv) expressly accepts these General Conditions with particular regard to some specifically mentioned clauses (double click procedure described in the Introduction);
3 – Payment transaction.
3.1 – Having entered the above data, the Member is asked whether or not he intends to proceed with the payment of the Price, always expressed in Euro (or with the € symbol), with the consequent charge of a sum of money equal to that displayed in the Shopping cart, except for any additional costs charged by your bank.
3.2 – Feminò cannot control or avoid the debit of any additional costs for commissions applied to the Customer by its bank or by the company that issued the credit card used for the Transaction, for the execution of the payment with the method chosen by the Customer . The Member is invited to contact his bank or company that issued the credit card, exempting Feminò from any consequent liability.
3.3 – The Member undertakes to provide Feminò or the third-party company that processes the payments (eg Paypal) the data of the credit card or Paypal account, or in any case all the data necessary to complete the payment Transaction, authorizing Feminò or the third-party company that processes the payments to collect and collect the Price.
3.4 – In case of redirection of the Subscriber to a web page of a third company that processes and completes the payment Transaction, the Customer will also be subject to the terms and conditions governing the use of the service provided by the third company, including every aspect related to the processing of your personal data.
3.4 – The Customer undertakes to provide their real and complete data for the billing of the Product by Feminò, the copy of which will be sent by Feminò together with the Product.
4 – Payment of the Price.
4.1 – The Customer is required to pay the Price published on the Cart page, a summary of the Product Price, VAT and shipping costs.
4.2 – The Purchase Procedure continues only in the event of a positive outcome of the Payment Transaction, meaning the debit of the sums to the Customer and the crediting of the Price in favor of Feminò.
4.3 – Upon receipt of the payment of the Price, Feminò will send the Customer the Purchase Confirmation Email, showing the data of the holder, the delivery address, any notes, prices and purchase costs. The Customer is required to verify its correctness and to promptly communicate any errors.
5 – Finalization of the Online Sales Agreement between the Customer and Feminò.
5.1 – Each purchase made on the Site implies the conclusion of an Online Sales Agreement.
By clicking on the “Place order” button, the Customer places a binding order for the Products contained in the Cart.
5.2 – Upon receipt of the payment of the Price, Feminò sends a Purchase Confirmation Email to the email address indicated by the Member during registration or during the Purchase Procedure, if different, informing him of the purchase and collection of the Price .
5.3 – The Online Sales Agreement between the Customer and Feminò is considered completed only when the Customer receives the Purchase Confirmation Email from Feminò.
5.4 – The Online Sales Contract is governed by the rules of these General Conditions, by any provisions in the General Conditions of Sale published and disclosed by Feminò and by anything else reported in the Purchase Confirmation Email .
5.5 – The Contract stipulated between the Customer and Feminò is concluded with an entrepreneur and, therefore, is subject to the application of the rules for the protection of the consumer only if the Customer is a consumer, pursuant to and for the purposes of the current legal provisions.
5.6 – The Customer undertakes, once the Purchase Procedure is concluded, to print and keep the Online Sales Agreement, as required by Articles 3 and 4 of the Consumer Code.
6 – Shipping costs and delivery times.
6.1 – The shipping costs are indicated during the Purchase Procedure and are specifically indicated in the Shopping Cart. Shipping costs are invoiced by Feminò.
6.2 – Fast delivery is only available for some shipments. When sending the order, the customer will see, if available, the possibility of opting for fast delivery.
6.3 – Product delivery times may vary according to the location, volume and weight of the goods. Under no circumstances will Feminò be responsible for any delays attributable to the carrier, the shipper, the transporter or the temporary unavailability of the Product in stock.
6.4 – If the Customer has purchased multiple Products, Feminò reserves the right to make multiple shipments, without prejudice to the invariability of the shipping costs as calculated during the Purchase Procedure.
6.5 – At the time of delivery, the Customer must check the integrity of the Products delivered as well as the correspondence of the number of packages with those indicated on the carrier’s letter. In case of discrepancies, the Customer must immediately contest any defects, anomalies or discrepancies found to the carrier.
6.6 – The signature of the delivery documents by the Customer, or anyone else who accepts them in the name or on behalf of the Customer, implies the acceptance of the shipment and the related Products without reservations.
7 – Right of withdrawal from the Online Sales Contract (only for consumer customers) and Information on the right of withdrawal (pursuant to art. 49, paragraph 1, letter h of Legislative Decree no. 206/2005 “Consumer Code”) .
7.1 – Once the Online Sales Agreement is concluded, the Customer, only if a consumer, i.e. a natural person acting for purposes unrelated to his professional or entrepreneurial activity, may exercise the right of withdrawal in the manner and within the terms provided for by the Consumer Code and by the following clauses. The right of withdrawal is therefore excluded if the customer is not a consumer.
7.2 – The provisions of this article are mandatory and essential. Violation of even one of the following provisions will result in the forfeiture of the right of withdrawal and the cancellation of the restitution obligation for Feminò.
7.3 – The consumer customer has the right to withdraw from the contract within 14 days from the day of delivery or receipt of the last Product purchased with the specific order covered by the Online Sales Contract.
7.4 – To exercise the right of withdrawal, the consumer customer must:
a) communicate, in writing, the intention to withdraw from the Online Sales Contract no later than 14 working days from the date of receipt of the Product, in accordance with the provisions of the following Article; b) you can request withdrawal via email using the appropriate contact form or by email at email@example.com indicating the order number and your details.
7.5 – Upon receipt of the communication by registered letter with return receipt, Feminò will contact the Customer communicating all the instructions to be followed for returning the Product. No later than the following five working days, the consumer customer must carry out the shipment, taking care to pack the product using the same original packaging, including ribbons or labels.
7.6 – The Product must be returned in the same conditions in which it was at the time of delivery to the Consumer Customer. The Product must be intact, closed and sealed, inserted in its original packaging, complete with all parts and accessories, including any guarantees of quality and origin,
7.7 – Shipping costs are the sole responsibility of the consumer Customer, who assumes all responsibility in relation to the shipment and return of the Product to Feminò, guaranteeing and relieving Feminò from any and all liability.
7.8 – Upon receipt of the Product, should Feminò find any damage such as to compromise the integrity and reusability of the Product itself, including the packaging and its accessories, as well as any deficiencies, tampering, alterations, damage, defects or discrepancies of the Product with respect to that delivered to the consumer Customer, the right of withdrawal must be considered ineffective or, in any case, Feminò will have the right to withhold a sum equal to 100% of the Price as a penalty. In this case, nothing will be returned to the consumer customer.
7.9 – In other cases, Feminò will refund the consumer customer, within 30 days from the return of the product, an amount equal to the reduced price of the transport costs, as specified in the purchase confirmation email.
8 – Personal Account: who can activate it and how.
8.1 – The User who intends to activate a Personal Account must follow the registration or activation procedure of the Personal Account provided in the appropriate section of the Site.
8.2 – By completing the Registration Request and transmitting it electronically to Feminò, the User requests the activation of the Personal Account in order to be able to operate within the Site, with any consequent faculty, burden, obligation and responsibility provided for in these General conditions, to be considered accepted in full and without reservations.
8.3 – The User must enter in the Registration Request all the mandatory information for the creation of the Profile that will be requested by the graphic interface, guaranteeing their veracity.
8.4 – If the User fails to enter certain information marked as mandatory, the Registration Request cannot be sent to Feminò and the registration process cannot be completed.
8.5 – The sending of the Registration Request by the User, although successful, does not imply any obligation of acceptance for Feminò, being free to evaluate the acceptance or otherwise of each individual Registration Request at its own discretion and unquestionable judgment .
8.6 – Only in case of acceptance by Feminò, the User will receive an email confirming the activation of the Personal Account.
8.7 – Feminò also reserves the right to contact the Member at one of the addresses indicated in the Application for Registration in order to verify the veracity of the data entered.
8.8 – To access their Personal Account, the Member must use the Credentials indicated in the Registration Request and / or in the Registration Confirmation Email.
8.9 – Credentials are private, personal, secret and not transferable to third parties.
9 – Cancellation of the Personal Account by the unilateral will of Feminò.
9.1 – Feminò has the right, at any time, at its sole discretion, for any reason or reason, to unilaterally and without notice terminate any relationship that has arisen with the Member, without having to pay anything for compensation or any other reason.
9.2 – In this case, Feminò sends the Member an email with which it communicates:
a) the exercise of the above right;
b) the deactivation, with immediate effect, of the Personal Account.
9.3 – With the deactivation of your Personal Account, the Member will in any case be precluded from posting Comments, starting the Purchase Procedure or concluding new Online Sales Contracts.
9.4 – The Member, where he has already concluded an Online Sale Agreement, is still obliged to fulfill the services covered by each previous Sale Agreement stipulated with Feminò, with the same charges, obligations and powers provided for in these General Conditions.
10 – Cancellation of the Personal Account by the unilateral will of the Member.
10.1 – The Member has the right, at any time and at his sole discretion, to request Feminò to cancel his Personal Account and all Profile data, following the procedure provided in the appropriate section of the Website or by clicking here .
10.2 – Upon receipt of the cancellation request, Feminò sends an email informing the Member of the deactivation of the Personal Account starting from the thirty-first day following the cancellation request.
10.3 – Feminò is still obliged to fulfill the services covered by each Online Sales Contract already concluded with the Customer, with the same charges, obligations and powers provided in these General Conditions, even if the Member has requested the cancellation of the Personal Account .
11 – Responsibility of the User, the Member and the Customer.
11.1 – The User, the subscriber and the Customer of the Site are solely and exclusively responsible for the correct and diligent use of the Site, undertaking not to use it improperly and to take every precaution so that no damage or prejudice of any nature is caused to Feminò or to any other subject.
11.2 – In using the Site, the User, the Member and the Customer undertake to: not violate the law and these General Conditions; not to collect and / or disclose the personal data of others; do not change your personal data or use fictitious and untruthful data; not to spread viruses or other files that may create damage or limit the functioning of the Site or software and hardware, including third parties; not to commit harmful acts or behave that could cause any kind of prejudice to Feminò, to other Users or to third parties in general.
11.3 – Feminò is not required to verify the veracity and authenticity of the data and information provided by Users during the registration phase (Registration Request), during the Purchase Procedure or in the publication of Comments, with full and total exemption from any responsibility in this regard.
11.4 – The Member must not publish Comments that are harmful to any rights of others, including the rights of Feminò. Anyone who leaves a Comment on the Site will be held solely and exclusively responsible for any damage or prejudice caused to others, with Feminò’s total and express exemption from liability.
11.5 – The User, the Customer and the Member, by accepting these General Conditions, declare to assume any and consequent responsibility for any damage caused by their own conduct carried out by / for or through the Site, undertaking to exempt, indemnify and keep Feminò harmless from any claim to that effect by anyone advanced.
11.6 – Should Feminò find an improper use of the Site by the User, the Client or the Member, contrary to the law or to these General Conditions or even in the event of a possible report by any Public Authority or third party, Feminò will be able to take any useful action to limit prejudicial consequences for itself or for third parties, and take action at any location and against any User in order to obtain full compensation for any damage suffered.
12 – Feminò exclusions and limitations of liability.
12.1 – In relation to Users, Customers and Subscribers, Feminò can be held liable on a contractual basis only for damages caused by an illicit Feminò Content, by breach of obligations arising from these General Conditions, provided that they are attributable to a malicious or serious act, act or behavior culpable of Feminò, with the express exclusion of any liability deriving from fault, unforeseeable circumstances or force majeure, and from any indirect liability or to the act of others.
Feminò is not responsible for any damage or prejudice deriving from the interactions between Users, including, by way of example only, the prejudices deriving from the publication of offensive Comments on the Site.
Feminò is in no case responsible for or for any delays in the delivery of the Products with respect to the date, merely indicative and not binding, indicated in the Cart and / or in the Purchase Confirmation Email, where this is attributable to the carrier, the forwarder , to the transporter or to the momentary unavailability of the Product in stock, provided that it is not caused by malice or gross negligence of Feminò.
12.2 – Feminò does not guarantee that the Site is always suitable for the use described above and always accessible by any person or at any time or in any geographical area, and reserves the right at any time not to publish the Site and to make it inaccessible to Users or Subscribers.
12.3 – Feminò cannot be held responsible in the event of any malfunctions of the Site due to: unauthorized or incorrect use of the same by the User; failure or partial operation of the user’s computers or equipment; Internet or telephone network malfunctions; unauthorized access to the computer system of the Site by third parties; unforeseeable circumstances or any other causes of force majeure; in general, any event not directly attributable to Feminò.
12.4 – The Site may contain links or references to other internet sites of third-party companies or any commercial partners, over which Feminò does not exercise any control power, neither direct nor indirect, and for whose content Feminò cannot be called to respond for any cause or reason.
12.5 – If one of the aforementioned General Conditions, including those which exclude or limit the liability of Feminò, is declared void or ineffective for any reason by the judicial authority, Feminò cannot in any case be ordered to pay a sum of money above Euro 300.00.
13 – Entire agreement clause.
These General Conditions, including the Premises and Definitions, constitute the entire agreement between Feminò and the Users and / or Members and / or Customers. Any different agreement, both written and verbal, must be considered devoid of legal effect.
14 – Complaints and Communications.
14.1 – Communications to Feminò must be made by email by writing to firstname.lastname@example.org.
14.2 – Any complaints must be sent exclusively in the manner listed above.
14.3 – Feminò is not obliged to find complaints.
14.4 – Feminò will send any communication addressed to Members or Customers to the e-mail address indicated during the Registration Request or, if different, during the Purchase Procedure.
15 – Tolerance.
The fact that Feminò may not require and tolerate that the User, the Customer and the Member do not scrupulously and at all times comply with one or more of the provisions of these General Conditions and / or do not exercise even one of their rights, does not entails any waiver or forfeiture of the exercise of the rights due to Feminò under these General Conditions.
16 – Retention of the contract.
If one or more clauses of these General Conditions are or should become contrary to mandatory legal rules or public order, the same must be considered as not affixed. The remaining clauses will however remain fully valid and effective.
17 – Applicable law.
17.1 – All relationships directly or indirectly connected to the use of the Site are governed by Italian law.
17.2 – Any dispute relating to the interpretation, application or execution of these General Conditions as well as any dispute, directly or indirectly connected to the Site and to all the activities and relationships deriving from its use, in which Feminò is a party, including the Online Sales Agreement will also be governed by Italian law.
18 – Jurisdiction and territorial jurisdiction.
By approving these General Conditions and notwithstanding any contrary laws, where existing and in any case derogable by the parties, for any dispute relating to the interpretation, application or execution of these General Conditions as well as any dispute, directly or indirectly connected to the Site and all activities and relationships deriving from its use, in which Feminò is a part, including also the Online Sales Contract, the User, the Customer, and the Member declare to:
a. accept without reservation the exclusive jurisdiction of the Italian judicial authority.
b. accept without reservation the exclusive territorial jurisdiction of the forum of Catania.
19 – Settlement of disputes – Online dispute resolution If
the requirements established by law are met, the User, the Customer and the Member are entitled to promote a dispute against Feminò before going to the out-of-court dispute settlement body by clicking on the following link https : //webgate.ec.europa.eu/odr.
20 – Modification of the General Conditions. These Terms and Conditions are effective from 00:01 hours of the 01 /07 /2020 (Rome time zone).
Any changes that Feminò reserves the right to make at any time and at its unquestionable discretion, will be considered valid and effective as of their publication on the Site.
The changes made by Feminò cannot explain retroactive effectiveness and will not apply to any Sales Contracts Online already concluded.
Furthermore, in case of modification of the General Conditions, the Subscribers will receive a specific email with the following subject: “Attention, modification of the General Conditions of the Feminò Site” and the modifications will be considered valid, effective, and binding on them starting from 00.01 hours of the thirty-first day following their transmission.
Subscribers will be asked to click on the link shown in the said email for express acceptance of the contractual changes also for the purpose of “specific approval in writing”.
In the absence of approval, the Personal Account will be disabled and the use of the Site will be inhibited, without prejudice to and without prejudice to any reciprocal rights and obligations previously arisen pending the replaced General Conditions.
Specific approval of clauses.
Pursuant to and for the purposes of articles 1341 and 1342 cod. civ. as well as, where applicable and relevant, of articles 34 and following of Legislative Decree 205/2006 (“Consumer Code”), the User, the Member or the Customer, having read and understood every clause of the General Conditions, expressly approves and accepts, in full and without reservations the following points: 3 – Payment transaction. 5 – Finalization of the Online Sales Agreement between the Customer and Feminò. 6 – Shipping costs and delivery times. 7 – Right of withdrawal from the Online Sales Agreement (only for consumer customers) and Information on the right of withdrawal (pursuant to Article 49, paragraph 1, letter h of Legislative Decree no. 206/2005 “Consumer Code”) . 10 – Cancellation of the Personal Account by the unilateral will of the Member. 11 – Responsibility of the User, the Member and the Customer. 12 – Feminò exclusions and limitations of liability. 17 – Applicable law. 18 – Jurisdiction and jurisdiction by territory.
20.1 – These General Conditions are effective from 00.01 on 01/07/2020 (Rome time zone).
20.2 – Any changes that Feminò reserves the right to make at any time and at its sole discretion, will be considered valid and effective from the date of their publication on the Site.
20.3 – The changes made by Feminò cannot explain retroactive effect and will not apply to any Online Sales Contracts already concluded.
20.4 – Furthermore, in case of modification of the General Conditions, the Members will receive a specific email with the following subject: “Attention, modification of the General Conditions of the Feminò Site” and the modifications will be considered valid, effective, and binding towards them to starting from 00.01 on the thirty-first day following their transmission.
20.5 – Subscribers will be asked to click the link in the said email for express acceptance of the contractual changes also for the purpose of “specific written approval”.
20.6 – In the absence of approval, the Personal Account will be disabled and the use of the Site will be inhibited, without prejudice to any mutual rights and obligations previously arising pending the replaced General Conditions.