Terms and conditions
These Terms govern
- the use of this Website e
- 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 person responsible for this website is:
Via Torre Cannata Raddusa 8
97015 Modica (RG)
Tel. +39 0932 904376
Owner contact email: email@example.com
“This Website” refers to
- this site, including the related subdomains and any other site through which the Owner offers the Service;
To know at a glance
- The right of withdrawal applies only to European Consumers.
- Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this website set out in this section have general validity.
Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to satisfy the following requirements:
- There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
It is not possible to use the Service without opening a User account.
It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality. A tal fine, 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 any activity carried out with his login credentials. Users are required to inform the Data Controller immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, illegally disseminated or stolen.
Registering a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that he meets these conditions.
- The opening of accounts through bots or other automated means is not allowed.
- Except where expressly permitted, a User's account cannot be shared with other people.
The User is free to close their account and cease using the Service at any time, following this procedure:
- By contacting the Data Controller at the addresses 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 discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on this Website does not violate applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without any prejudice to the legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
Rights on 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 exclusions, Users are prohibited from copying, download, share beyond the limits specified below, change, to translate, to elaborate, to publish, transmit, sell, grant sub-licenses, to commute, transfer / alienate to third parties or create derivative works from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without your 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 on condition that the attribution of 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 the copyright law remain unaffected.
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 these resources and therefore is not responsible for their content and availability..
The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the same third parties and regulated in the relative terms and conditions or, in their absence, From law.
This Website and the Service may only be used for the purposes for which they are offered, under these Terms and under applicable law.
It is the User's sole responsibility to ensure that the use of this Website and / or the Service does not violate the law, the regulations or rights of third parties.
Therefore, the Owner reserves the right to adopt any suitable 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 - p. es. the judicial or administrative authority - whenever the User puts in place or there is a suspicion that he puts in place:
- violations of the law, regulations and / or the Terms;
- injury to the rights of third parties;
- acts that may considerably prejudice the legitimate interests of the Data Controller;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Website as part of the service are subject to a fee.
Rates, the duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
To purchase the Products, the User is required to register or log in to this Website.
Prices, Product descriptions and availability 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, representation on this Website by any means (included, as appropriate, graphic materials, images, colors, sounds) it is intended as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each stage, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and to verify their purchase choice.
- After checking the information visible in the purchase choice, Users can place the order by forwarding it.
Sending the order
Sending the order involves the following:
- The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User 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 information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of 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 e-mail address provided by the User for this purpose.
During the purchase procedure and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) which will be charged to them.
Prices on this Website:
- they include all commissions, applicable taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that may be exercised by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Controller's office, as indicated in the contact details in this document.
Promotions and discounts can be offered in the form of Coupons.
In case of violation of the conditions applicable to the Coupons, the Data Controller can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to act in the appropriate judicial offices in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers shown on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions.
Unless otherwise specified, the following rules apply to the use of Vouchers:
- Each Voucher is valid only if used in the manner and within the time period specified on the website and / or on the Voucher;
- The Voucher can only be redeemed in its entirety at the time of purchase - partial use is not permitted;
- Unless otherwise specified, Single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
- Coupons are not cumulative;
- The Voucher must be used within the specified validity period. The deadline has expired, the voucher will be automatically canceled. Any possibility of claiming rights remains excluded, including the refund of the value of the voucher;
- The User is not entitled to any credit / refund / compensation if there is a difference between the value of the voucher and the redeemed value;
- The voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the voucher are strictly prohibited, as well as any illegal activity related to the purchase and / or use of the Voucher.
Means of payment
The details of the accepted means of payment are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this website.
All payments are managed 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 is successful.
In the event that the payment made by 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 commissions arising from the failed or refused payment are the responsibility of the User.
Retention of title
Until the payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.
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 indicated in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the following countries or territories: Countries of the European Union.
Delivery times are indicated on this Website or during the purchase procedure.
The Owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the User.
In the event that the goods are not delivered or collected at the time or within the established deadline, will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise stated, any delivery attempt starting from the second will be charged to the User.
Right of withdrawal
Unless there is an exception, the User may enjoy the right to withdraw from the contract within the term specified below (in the norm 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Where one of the exceptions listed below does not occur, Users who act as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period 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.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.
A tal fine, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their 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 declaration of withdrawal before the withdrawal deadline expires.
When the withdrawal deadline expires?
- In case of purchase of goods, the withdrawal period expires later 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.
- In case of purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several 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 him and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Cardholder reimburses all payments received including, if done, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost deriving 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 reimbursement takes place 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 is made using the same payment method used for the initial transaction. The User must not incur any costs as a consequence of the withdrawal.
... on contracts for the purchase of tangible assets
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him 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 delivery of the goods to the courier or other authorized person takes place before the expiry of the period 14 days 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 liable for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, features and operation.
The return shipping costs are charged to the User.
Legal guarantee of conformity of the Product
Based on European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the goods purchased have the quality, the functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If 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 usually reside.
The national laws of that country may grant these Users broader rights.
Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside..
Limitation of Liability and Indemnity
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officials, agents, co-owners of the brand, partners and employees of any and all claims or claims - including, without any limitation, legal fees and expenses - advanced by third parties due to or in connection with culpable behavior such as use or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, of its affiliates, officials, agents, co-owners of the brand, partners and employees, to the extent of the law.
Limitation of liability for the User's activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the owner is excluded (or any natural or legal person acting on its behalf).
The foregoing does not limit the Controller's liability for death, damage to the person or physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been suitable and correct.
Unless the damage was caused with willful misconduct or gross negligence or affect life and / or personal integrity, physical or mental, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits indicated above, the Owner assumes no responsibility regarding:
- any loss of earnings or other losses, even indirect, that the User may have suffered (Which, by way of example only, commercial losses, loss of revenue, of profits or budgeted savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
- damage or loss resulting from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent from the will and out of the control of the Owner, Which, by way of example only, breakdowns or interruptions in telephone or electrical lines, Internet connection and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, product supply interruptions, third party services or applications;
- any losses that are not a direct consequence of a breach of the Terms by the Owner;
No implied waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other changes, giving suitable notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, which causes of force majeure (p. es. strikes, infrastructural malfunctions, blackout etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, to copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, delivered directly or through a legitimate reseller program.
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, brand names, patents and models relating to this Website are held exclusively by the Owner or by its licensors and are protected under the legislation and international treaties applicable to intellectual property..
All trademarks - word or figurative - and any other distinctive sign, business, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected in accordance with the legislation and international treaties applicable to intellectual property..
Changes to Terms
The Owner reserves the right to modify the Terms at any time. Then, 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.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, you must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from 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 come into force.
Transfer of the contract
The Owner reserves the right to transfer, surrender, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of the Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
If any provision of these Terms is or becomes void or ineffective under applicable law, the nullity or ineffectiveness of this provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
If any provision of these Terms is or becomes void, invalid or ineffective, the parties will work to identify a valid and effective replacement provision for the void one amicably, invalid or ineffective.
In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, provision void, invalid or ineffective will be replaced by the applicable legal framework.
Notwithstanding the above, nullity, invalidity or ineffectiveness of a specific provision of these Terms will not void the entire Agreement, unless the provisions void, invalid or ineffective under 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 residual provisions would involve an excessive and unacceptable burden for one of the parties.
The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict-of-law rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms rests with the judge of the place where the Data Controller is established., as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway and Iceland.
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve amicably.
While the right of Users to bring an action in court remains unaffected, in the event of a dispute relating to the use of this Website or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
The User can address a complaint to the Owner's e-mail address indicated in this document, including a brief description e, I know the case, the order details, affected purchase or account.
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 introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here.
Definitions and legal references
This Website (or this Application)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not correspond to the definition of Consumer.
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or with a registered office in the European Union, regardless of nationality.
Model withdrawal form
Via Torre Cannata Raddusa 8
97015 Modica (RG)
Tel. +39 0932 904376
I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (enter here a description of the goods/services from which purchase you intend to withdraw)
- Ordered on: _____________________________________________ (enter the date)
- Received the: _____________________________________________ (enter the date)
- Name of the consumer(s).:_____________________________________________
- Address of the consumer(s).:_____________________________________________
- Data: _____________________________________________
(sign only if this form is notified in paper version)
Holder (o Us)
Indicates the natural or legal person who provides this Website and/or offers the Service to Users.
A good or service that can be purchased through this Website, such as a material asset, digital files, software, booking services etc..
The sale of a Product may be part of the Service, as defined above.
The service offered through this Website as described in the Terms and on this Website.
All the conditions applicable to the use of this Website and / or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most up-to-date version.
User (o You)
Means any natural person who uses this Website.
Any natural person who, as a User, uses goods or services for personal purposes e, in general, acts for purposes unrelated to its business activity, commercial, craft or professional.