It is noted that certain provisions of these Terms could only be applicable to some User categories. In particular, certain provisions could be only applied to Consumers or only to Users that do not act as Consumers. Such limitations are always clearly mentioned in each relevant clause. In case of a missing mention, the clauses are applied to all Users.
The right of withdrawal only applies to European Consumers.
By using this Application, the User declares meet the following conditions:
There are no restrictions for Users in terms of being Consumers or Business Users;
To take advantage of the Service, the User can open an account by providing all required data and information in a complete and truthful manner.
The Service can also be used without registration or creation of an account. In such a case, nevertheless, certain functions could be unavailable.
It is the User’s responsibility to securely preserve their access credentials and its confidentiality. To this end, the Users need to choose a password that corresponds to the highest security level on this Application.
By creating and account, the User accepts to be held fully responsible of any activity carried out by their access credentials.
Should they believe their personal information, such as the User account, the access credentials or personal data, to have been violated, illegally spread or subtracted, the Users are required to inform the Holder immediately and uniquely through the contact details indicated in this document.
The user is free to close their own account and terminate the use of the Service in any moment, by following this procedure:
Using the account closure tools available on this Application.
Contacting the Holder through the contact details in this document.
Account suspension and deletion
The Holder reserves the right to suspend or delete the User’s account at any given moment at their own discretion and without prior notice, should they deem it inappropriate, offensive or opposed to these Terms.
The suspension or deletion of the account does not give the User any right to compensation, refund or reimbursement.
The suspension or deletion of an account for causes chargeable to the User does not exempt the User from payment of compensation or eventually applicable fees.
Content of this Application
Except where otherwise specified or clearly recognizable, all available content on this Application is property of and provided by the Holder.
The Holder adopts maximum care so that the available content on this Application does not violate the applicable legislation or third-party rights. Anyhow, it is not always possible to achieve this result.
In such cases, without any injury to rights and legally enforceable claims, the Users are asked to forward the related claims through the contact details specified in this document.
Content rights of this Application
The Holder has and explicitly reserves every intellectual property right on said content.
The Users are not authorized to use the content in any way that isn’t necessary or implied for the correct use of the service.
In particular, but without exceptions, it is forbidden for the Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, broadcast, sell, grant sub licences, transform, transfer/alienate to third parties or create derivative work from the content available on this Application, to allow to a third-party to engage in such activities through their own User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and not commercial use, and on condition that the authorship attribution of the work, as well as the specification of any other relevant circumstance requested by the Holder, is observed.
The limitations and exclusions provided by the copyright law remain in place.
Access to external resources
Through this Application the Users could have access to resources provided by third parties. The Users recognize and accept that the Holder does not have any control over such resources and therefore is not responsible for their content and of their availability.
The conditions applicable to resources provided by third parties, included therein those applicable to eventual content rights concessions, are determined by the third parties themselves and regulated by the related terms & conditions or, in their absence, by the law.
This Application and Service can only be used for the purposes for which they were provided, according to these Terms and in accordance with the applicable law.
It is the User’s sole responsibility to ensure that the use of this Application and/or Service does not breach the law, regulations or third-party rights.
Therefore, the Holder reserves the right to adopt any suitable measure to protect their own legitimate interests, and in particular to deny access to the User to this Application or to the Service, denounce any reprehensible activity carried out through this Application or the Service to the competent authority – e.g., the juridical or administrative authority – whenever the User brings about or is suspected to bring about:
violations of law, regulations and/or of the Terms;
injury to third-party rights;
actions that could considerably harm the Holder’s legitimate interests;
offences to the Holder or to a third-party
The Users can access their own data related to this Application through the Application Program Interface (API). Every API usage, even through third-party products or services that access through this Application, is subject to the Terms and additionally to the following specific conditions:
The User recognizes and expressly accepts that the Holder is not liable for damage or loss following the use on behalf of the User of the API or of third-party products or services that directly access data through the API.
TERMS AND CONDITIONS OF SALE
Paid for products
Some of the Products offered on this Application, as part of the service, are provided for payment.
The price, duration and conditions applied to the sale of such Products are described hereafter and in the respective sections of this Application.
Prices, descriptions and availabilities of the Products are specified in the respective sections of this Application and are subject to modifications without prior notice.
Although the Products on this Application are presented with the maximum technical accuracy possible, the representation with pictures, images, colours, sounds or any other medium is to be considered as a mere reference and does not imply any guarantee with regards to the purchased Product characteristics.
The selected Product characteristics will be specified during the purchasing procedure.
Every phase, from the choice of the product until the placing of the order, is part of the purchasing procedure.
The purchasing procedure involves the following steps:
The Users are asked to choose the desired Product and to check their purchasing choice.
After having checked the information visible at the purchasing choice, the Users can place the order by sending it.
Submission of the order
The submission of the order entails what follows:
Every placed order constitutes a purchase offer. The submission of the order constitutes on the part of the User the obligation to pay the price, tax and eventual additional charges and expenses, as specified on the order page.
Should the purchased Product require an active contribution from the User, such as the provision of information or personal details, specifications or particular requests, the placing of the order constitutes on the User’s part the obligation to collaborate accordingly.
Once the order is submitted, the User will receive a receipt. Except for where differently specified in the related notifications, the receipt mentioned above only attests the reception of the order and does not constitute its acceptance.
Unless the receipt of the order isn’t expressly constituted by a contextual acceptance of the order – in which case the contract is to be considered concluded – the purchase contract is concluded in the moment in which the User receives the notification of order acceptance.
Depending on the availability and on the Holder’s discretion, the order will be accepted without undue delay.
In the case of the order not being accepted, the Holder will provide a refund.
Failure to accept an order does not give the User any right to make demands – not even of compensation – towards the Holder.
All notifications related to the purchasing procedure described above will be sent to the email address provided by the User to this end.
During the purchasing procedure and before the placement of the order, the User will be duly informed about all the commissions, taxes and costs (including any shipping costs) that they will be charged with.
The prices on this Application are shown:
commissions, taxes and costs applicable excluded or included, depending on the section that the User is browsing.
The details related to accepted payment methods are highlighted during the purchasing procedure.
Some methods of payment are linked to ulterior conditions or involve additional costs. The detailed information is reported in the related section in this Application.
All payments are managed independently from third parties. Therefore, this Application does not gather payment data – such as credit card numbers – but receives a notification every time that it was successful.
Should the payment made with one of the available methods fail or be rejected by the payment service provider, the Holder is not obliged to carry out the order. Any cost or commission arising from the failed or rejected payment are at the expense of the User.
Payment by instalment
The purchase price can be paid in on or more instalments, within the terms specified on this Application or otherwise communicated by the Holder.
Certain Products could be excluded by this method of payment.
Should the User result to be in breach of even one instalment of the payment, the whole amount due will be immediately due and payable.
Authorization of future payment through PayPal
Should the User authorize the PayPal function that allows future purchases, this Application will memorize an identification code linked to the User’s PayPal account. In this way this Application will be able to automatically process payments for future purchases or for the payment of regular instalments of a previous purchase.
The authorization can be withdrawn at any moment by contacting the Holder or changing the personal PayPal settings.
Retention of title
Until the reception of the full purchase price payment by the Holder, the User does not purchase the retention of title for the ordered Products.
The deliveries are made to the address indicated by the User and with the modalities indicated in the order summary.
At the time of delivery, the Users need to check the contents of the package and promptly notify any anomalies to the contact details reported on the present document or as described in the delivery note. The Users can refuse to accept the package if it is visibly damaged.
The delivery can take place in the countries or territories specified in the related section of this Application.
The delivery times are indicated on this Application or during the purchasing process.
Failure to deliver
The Holder does not respond in any way to any delivery errors arising from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays that took place after the courier delivery if the latter was commissioned by the User.
Should the goods fail to be delivered or be collected at the moment or within the prescribed period of time, they will be returned to the Holder, who will contact the User to plan a second delivery attempt or arrange for further steps.
Unless otherwise specified, starting from the second one every attempt to deliver be chargeable to the User.
Right of withdrawal
Unless in cases of stated exceptions, the User has a right to withdraw from the contract within the time limit specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who possesses the right of withdrawal
Where the exceptions below cannot be applied, the Users that act as European Consumers are entitled by law to the right to withdrawal from the contracts closed online (distance contracts) within the applicable time frame to the concrete case for any reason and without a justification.
The Users that do not meet these requirements do not benefit from the rights described in this section.
Exercising the right of withdrawal
To be able to exercise the right of withdrawal the User needs to send an unequivocal statement of their own intention to withdraw from the contract.
To this end, the User can use the withdrawal form in the definition section of this document. The User is nonetheless free to express their own intention to withdraw from the contract in any other suitable form. In order to comply with the time frame by which the right has to be exercised, the User needs to send the declaration of withdrawal before the end of the withdrawal period.
When does the withdrawal period end?
In the case of the purchase of goods, the end of withdrawal expires after 14 days since the day in which the User or a third party – appointed by them and distinct from the courier – takes possession of the good.
In case of purchase of more goods ordered together but delivered separately or in case of the purchase of a single good composed of different lots or pieces delivered separately the withdrawal period ends after 14 days since the day in which the User or a third party – appointed by them and distinct from the courier – takes possession of the goods, lots or pieces.
Consequences of withdrawal
The Owner shall reimburse all received payments included, if made, those related to delivery costs to the User that correctly exercised the right of withdrawal.
Nevertheless, the higher cost resulting from the choice of a particular method of delivery distinct from the most economic standard delivery offered by the Holder, will remain in charge of the User.
The refund takes place without undue delay and in any case within 14 days since the day in which the Holder is informed of the User’s decision to withdraw from the contract. Except where otherwise agreed upon with the User, the refund is carried out using the same method of payment used by the initial transaction. The User does not need to incur additional costs as a consequence of the withdrawal.
… on the contracts for the purchase of material goods
Unless the Holder offers to collect the goods, the User is obliged to return them to the Holder or to another person authorized by the latter to receive them, without undue delay and in any case within 14 days since their notification to withdraw from the contract.
The timeframe is considered respected if the goods are delivered to the courier or to another authorized person before the expiry of the 14-day period described above. The refund can be retained until the receipt of goods or until the User has provided proof of having returned them.
The User is liable for the diminished value of the goods resulting from a use of the goods different from that necessary to determine its nature, its characteristics and its functioning.
The User is in charge of the refund’ shipping costs.
Legal guarantee of conformity of the Product.
In accordance with European Law, the seller guarantees the conformity of the sold goods for a minimum period of 2 years from the delivery. Therefore, the seller shall be responsible for ensuring that the purchased goods have the promised quality, functionality or characteristics or reasonably predictable for at least two years from the moment of delivery to the buyer.
Whenever Users act as European Consumers, the legal guarantee of conformity of the goods is applied to the clauses available on this Application in accordance with the laws of the country they currently reside in.
The national laws of this country may grant to such Users more extensive rights.
The consumers that do not act as European Consumers may benefit of the rights of conformity guarantee in accordance with the laws of the country they currently reside in.
Indemnities and limitations of responsibility
The Holder provides the services to the User “as they are”. Within the widest limits of the law, the Holder excludes guarantee of condition, representation and promise – expressed, implied, legal or of other nature – included, without exceptions, guarantees of merchantability, suitability for a particular purpose, non-violation of third-party rights. The Holder declines all responsibility and guarantee for the completeness of every content and does not take responsibility for:
errors, omissions or inaccuracy of the content;
personal injuries or property damage of any nature resulting from the access and use of the Service and of;
any unauthorized access or use of this Application’s system and/or of the accessible information through said systems;
any interruption of the Service;
any virus, trojans, bugs, malware or similar, inside of or transmitted through this Application or through activities of third parties;
any access to the User’s device and/or information made available through such access; and/or
any loss or damage of any sort suffered because of the use of the Service.
The Holder does not approve, ensure or guarantee, nor takes responsibility of events, contents, products or services available through the Service or in any website accessible through the Service.
No action by or on behalf of the Holder or on the part of any other source gives origin to a guarantee that isn’t clearly acknowledged in the Terms.
Some jurisdictions do not consent the exclusion of guarantees. In such cases, the aforementioned guarantee exclusions could not be applicable.
Limitation of liability
This Application could contain advice, opinions, instructions or declarations on behalf of the Users and other parties authors of content or information. The use of this Application and of the Service are at the User’s own expense and risk. The Holder strongly urges the User to consult an expert or other authority before using this content. The Holder is not responsible for indirect, incidental, punitive, special or consequential damage arising from or related to these Terms, included, but not limited, damages for loss of profit, loss of business, loss of possibility of usage, or loss of client data or of other intangible properties, even in the case in which the Holder is informed of the possibility of such damages.
Each provision that includes limitations of responsibility, waivers of compensation for damage or exclusion of damage aims to allocate the risks of the Agreement between the parties. This distribution is a substantial element at the basis of the Agreement between the parties. Every provision is separable and independent from all other provisions in the Terms.
Except in event of cases of wilful misconduct or gross negligence of the Owner, the User is committed to defend, indemnify and hold harmless the Owner, any parent, affiliated or controlling company (if present) and the officials, representatives, consultants or agents of these, from and against any complaint, damage, obligation, loss, responsibility, cost or debt or expenditure (including but not limited to, legal fees) resulting from:
The use of the Service by the User ;
the violation of the terms by the User;
the violation by the User of any third-party rights, including, but not limited to, any copyright, property right or right to privacy; or.
any claim put forwards on the basis of damage suffered from third parties due to the User’s content.
No implied waiver
Failure to exercise the rights under the law or demands arising from these Terms on the part of the Owner does shall not operate as a waiver of such right or provision. No waiver may be considered final in relation to a specific right or any other right.
In order to guarantee the highest level of service, the Owner reserves the right to interrupt the Service for maintenance, software update or any other modification purpose, giving appropriate notice to the Users.
Within the legal limits, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will seek to ensure that the Users are able to extract their own Personal Data and the information in accordance with legal regulations.
Furthermore, the Service may be unavailable due to causes outside of the reasonable control of the Owner, such as reasons of force majeure, strikes, infrastructural malfunction, blackout etc…
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of this Application or Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Without prejudice towards any other more specific provisions contained in the Terms, the intellectual property and industrial rights, for example copyright, trademarks, patents and models related to this Application are exclusively held by the Owner or by their licensors and are protected in accordance with the norm and international treaties regarding intellectual property.
All trademarks– word or figurative – and every other distinctive sign, company, service mark, illustration, image or logo that appear linked to this Application are and remain of the Owner’s or of their licensors exclusive property and are protected in accordance to the norm and to the international treaties related to intellectual property.
Variations to the Terms
The Owner reserves the right to to amend these terms at any time. In such case the Owner will promptly inform the User of the modifications.
The modifications shall come into effect on the User only in the future.
The continued use of the Service will indicate the approval of the User to the updated Terms. Should the User not wish to accept the modifications, they must cease using the Service. Failure to accept the updated Terms may result in the right of each party to terminate the Agreement.
The previous applicable version continues to regulate the relationship until the User’s acceptance. This version can be requested to the Owner.
If needed under applicable law, the Owner will specify the date by which the modifications to the Terms will enter into force.
The Owner reserves the right to transfer, give up, dispose of, renew or outsource individual or all rights and obligations under these Terms, having regard for the legitimate interests of the User.
The User is not authorized to assign or transfer their own rights and obligations under the Terms without the written consent of the Owner.
All communications inherent to the use of this Application need to be sent to the contact details indicated on this document.
Should any of the provisions of these Terms be considered void or ineffective by the responsible judge, ineffectiveness, or unenforceability of the single provision does not invalidate the entire Terms, that will thus remain unaffected.
Should any of the provisions of these Terms be considered void or ineffective, the parties shall endeavour to amicably reach an agreement on a valid and efficient provision that will substitute the void or inefficient one.
In case of failure, the void or inefficient provision will be substituted by the applicable legal provisions, if permitted by the applicable law.
Notwithstanding the foregoing, the ineffectiveness or unenforceability of a single provision of the Terms does not invalidate the whole Agreement unless the void or inefficient provision is essential or of such importance that the parties would not have concluded the agreement had they known of its ineffectiveness or unenforceability, or should the remaining provisions result excessively burdensome for one of the parties.
The Terms are governed by the laws of the place in which the Owner resides, as indicated in the relevant section of this document.
Exceptions for European Consumers
However, regardless of the above, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumers’ protection, the higher level of protection prevails.
Place of jurisdiction
The exclusive jurisdiction to resolve any dispute arising from or linked to the Terms is up to the court of the place in which the Owner resides, as indicated in the related section of this document.
The above does not apply to Users that act as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Amicable settlement of disputes
The Users can report any disputes to the Owner, that will seek to resolve in an amicable manner.
Though the right of the User to promote legal actions remains unaffected, in cases of disputes inherent to the use of this Application or of the Service, the Users are requested to contact the Owner through the contact details indicated in this document.
The User can address their complaint to the email address of the Owner indicated in this document, including a brief description and, where appropriate, the details of the order, purchase or concerned account.
The Owner shall proceed to process the request without undue delay and within 21 days of its receipt.
Consumer dispute resolution platform
The European Commission introduced an online platform for an alternative resolution of disputes that facilitates out-of-court settlements related to and arising from online sales and contracts.
Therefore, every European Consumer can take use this platform to resolve any dispute resulting from contracts closed online. The platform is available here.
This Application (or this Application)
The application through which the Service is offered as defined above and described in the introductory section of the Terms.
Any legally binding or contractual relationship between the Owner and the User regulated by the Terms.
Any User that does not correspond to the definition of a Consumer.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of the nationality.
Indicated the physical or juridical person that offers this Application and/or offers the Service to the Users.
A good or service purchasable through this Application, such as a material good, digital files, software, booking services etc…
The sale of a product can be part of the Service, as defined above.
The service offered through this Application as described in the Terms and on this Application.
All conditions applicable to the use of this Application and/or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version.
User (or You)
Indicated any physical person that uses this Application.
Any physical person that, in quality of User, uses the goods or services for personal use and, in general, act for aims unrelated to their own business, commercial, artisan or professional activity.