TERMS AND CONDITIONS
Terms and conditions of service
Terms and Conditions of www.Fedeli1950.it
Dear Consumer Customer, these Terms govern
the use of this Website and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Website is:
Fedeli Group Srl- Via Salasco,1 Rome (RM) 00166
Owner's email address: bracciano.fedeli@gmail.com
VAT: 14716761003
The purchase of the Products on the Fedeli1950.it website will be governed, in addition to these Premises, exclusively by the provisions in the GTC and in the "Right of Withdrawal" section.
In particular, Consumers will benefit from all the protections provided for in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), as well as all the additional protections provided for consumers by the Consumer Code itself and by any other applicable law.
Access to and use of the Fedeli1950.it website are governed by these terms of use and imply acceptance. Acceptance and compliance with these terms and conditions are binding and therefore those who do not comply with these terms and conditions are not permitted to access and use the website or download information material from it.
What you need to know at a glance
The right of withdrawal applies only to European Consumers.
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally applicable.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using this Website the User declares to satisfy the following requirements:
There are no restrictions regarding Users as to whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Account Closure
The User is free to close his/her account and cease using the Service at any time by following this procedure:
By contacting the Owner at the contact details in this document.
Account Suspension and Cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
Rights to the contents of this Website
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through this Website, Users may have access to 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.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
Permitted use
This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:
violations of laws, regulations and/or the Terms;
infringement of third party rights;
actions that may significantly harm the legitimate interests of the Data Controller;
offences to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Website as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
Product Description
Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
Users can review their selection, modify, add or remove items and, where applicable, provide specific instructions.
To access the checkout area, Users must click the relevant button.
Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address and a shipping and payment method of their choice.
During the purchase process, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Coupon) or abandon the purchase process altogether without any consequences.
After providing all the required information, Users are requested to carefully check the order and, subsequently, to confirm and forward it using the relevant button or mechanism on this Website, thereby accepting the Terms and committing to pay the agreed price.
Sending the order
Sending the order entails the following:
The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an active contribution from the User, such as the provision of personal information or data, specifications or particular requests, the forwarding of the order also constitutes the obligation for the User to collaborate accordingly.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
The Owner has the right to accept or not the Orders received without, in the event of non-acceptance or cancellation, the Customer being able to advance rights or claims for any reason. It is understood that, in the event of non-acceptance or cancellation of the Order, This site will promptly refund the Customers the amounts already paid.
If the ordered product is unavailable, the customer will be informed immediately. In the event that this occurs, we will propose to our customer the replacement of the product with a product of similar quality and price. In the event that no product meets your needs, the User will be refunded 100% of the amount paid as quickly as possible.
Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
include all applicable fees, taxes and charges.
This site reserves the right to change the prices of the Products at any time. Any changes to the prices of the Products will not, however, be effective for Customers who have already placed an Order.
Payment methods
Details regarding the accepted payment methods are highlighted during the purchase procedure and in the footer of the site.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.
All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are borne by the User.
This site reserves the right to refuse or not execute Orders that provide for the delivery of the relevant Products outside of Italian territory and in the Municipalities of Livigno or Campione d'Italia.
Retention of title
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchasing process.
Unless otherwise specified on this Website or agreed with the User, the Products are delivered within thirty (30) days of purchase.
Failure or delay in delivery
The Owner shall not be liable for failure or delay in delivery in the event that: (a) despite having regularly and promptly purchased the Products to cover the Order received, it has not been supplied in the terms and manner agreed with the supplier; (b) is unable to make up for the unavailability of such Products, due to circumstances beyond its control and (c) has promptly communicated such unavailability of the Products to the Customer.
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
The owner will not be responsible for failure or delay in delivery due to force majeure. If the force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt by a third party will be at the User's expense.
User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in the appropriate section of This Site.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
The User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the customer's responsibility and will be deducted from the refund amount.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
for the supply of goods made to measure or clearly personalized;
Legal guarantee of conformity of the Product
According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.
National laws of such country may grant such Users broader rights.
Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnity
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you 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 (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and any liability which is not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having them supplied again.
US Users
Disclaimer of warranty
The Owner provides this Website on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; 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 your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any
any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
any error, omission or inaccuracy in the contents;
personal injury or material damage, of any nature, resulting from the User's access to or use of the Service;
any unauthorized access to the Data Controller's security servers and/or to any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.
Indemnity
You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you;
your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;
the violation by the User of any applicable law, rule or regulation
any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including where access is made by a third party using your personal username and password or other security measures, if any;
the User's malicious conduct; or
the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No Waiver Implied
Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.
All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable legislation and international treaties on intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be enforced to the fullest extent permitted by law.
European Users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, in an amicable manner, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Applicable Law and Dispute Resolution
These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it, without prejudice to any different mandatory prevailing rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority.
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer dispute resolution platform
the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following available here.
Last updated on 10/30/2024
Terms and Conditions of www.Fedeli1950.it
Dear Consumer Customer, these Terms govern
the use of this Website and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Website is:
Fedeli Group Srl- Via Salasco,1 Rome (RM) 00166
Owner's email address: bracciano.fedeli@gmail.com
VAT: 14716761003
The purchase of the Products on the Fedeli1950.it website will be governed, in addition to these Premises, exclusively by the provisions in the GTC and in the "Right of Withdrawal" section.
In particular, Consumers will benefit from all the protections provided for in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), as well as all the additional protections provided for consumers by the Consumer Code itself and by any other applicable law.
Access to and use of the Fedeli1950.it website are governed by these terms of use and imply acceptance. Acceptance and compliance with these terms and conditions are binding and therefore those who do not comply with these terms and conditions are not permitted to access and use the website or download information material from it.
What you need to know at a glance
The right of withdrawal applies only to European Consumers.
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally applicable.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using this Website the User declares to satisfy the following requirements:
There are no restrictions regarding Users as to whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Account Closure
The User is free to close his/her account and cease using the Service at any time by following this procedure:
By contacting the Owner at the contact details in this document.
Account Suspension and Cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
Rights to the contents of this Website
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through this Website, Users may have access to 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.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
Permitted use
This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:
violations of laws, regulations and/or the Terms;
infringement of third party rights;
actions that may significantly harm the legitimate interests of the Data Controller;
offences to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Website as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
Product Description
Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
Users can review their selection, modify, add or remove items and, where applicable, provide specific instructions.
To access the checkout area, Users must click the relevant button.
Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address and a shipping and payment method of their choice.
During the purchase process, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Coupon) or abandon the purchase process altogether without any consequences.
After providing all the required information, Users are requested to carefully check the order and, subsequently, to confirm and forward it using the relevant button or mechanism on this Website, thereby accepting the Terms and committing to pay the agreed price.
Sending the order
Sending the order entails the following:
The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an active contribution from the User, such as the provision of personal information or data, specifications or particular requests, the forwarding of the order also constitutes the obligation for the User to collaborate accordingly.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
The Owner has the right to accept or not the Orders received without, in the event of non-acceptance or cancellation, the Customer being able to advance rights or claims for any reason. It is understood that, in the event of non-acceptance or cancellation of the Order, This site will promptly refund the Customers the amounts already paid.
If the ordered product is unavailable, the customer will be informed immediately. In the event that this occurs, we will propose to our customer the replacement of the product with a product of similar quality and price. In the event that no product meets your needs, the User will be refunded 100% of the amount paid as quickly as possible.
Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
include all applicable fees, taxes and charges.
This site reserves the right to change the prices of the Products at any time. Any changes to the prices of the Products will not, however, be effective for Customers who have already placed an Order.
Payment methods
Details regarding the accepted payment methods are highlighted during the purchase procedure and in the footer of the site.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.
All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are borne by the User.
This site reserves the right to refuse or not execute Orders that provide for the delivery of the relevant Products outside of Italian territory and in the Municipalities of Livigno or Campione d'Italia.
Retention of title
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchasing process.
Unless otherwise specified on this Website or agreed with the User, the Products are delivered within thirty (30) days of purchase.
Failure or delay in delivery
The Owner shall not be liable for failure or delay in delivery in the event that: (a) despite having regularly and promptly purchased the Products to cover the Order received, it has not been supplied in the terms and manner agreed with the supplier; (b) is unable to make up for the unavailability of such Products, due to circumstances beyond its control and (c) has promptly communicated such unavailability of the Products to the Customer.
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
The owner will not be responsible for failure or delay in delivery due to force majeure. If the force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt by a third party will be at the User's expense.
User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in the appropriate section of This Site.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
The User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the customer's responsibility and will be deducted from the refund amount.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
for the supply of goods made to measure or clearly personalized;
Legal guarantee of conformity of the Product
According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.
National laws of such country may grant such Users broader rights.
Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnity
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you 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 (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and any liability which is not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having them supplied again.
US Users
Disclaimer of warranty
The Owner provides this Website on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; 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 your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any
any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
any error, omission or inaccuracy in the contents;
personal injury or material damage, of any nature, resulting from the User's access to or use of the Service;
any unauthorized access to the Data Controller's security servers and/or to any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.
Indemnity
You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you;
your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;
the violation by the User of any applicable law, rule or regulation
any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including where access is made by a third party using your personal username and password or other security measures, if any;
the User's malicious conduct; or
the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No Waiver Implied
Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.
All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable legislation and international treaties on intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be enforced to the fullest extent permitted by law.
European Users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, in an amicable manner, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Applicable Law and Dispute Resolution
These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it, without prejudice to any different mandatory prevailing rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority.
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer dispute resolution platform
the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following available here.
Last updated on 10/30/2024