Terms and Conditions of www.emmegiti.com
These Terms govern the use of the site www.emmegiti.com (“Site”) and any other Agreement or legal relationship with the Owner (hereinafter also “MGT”) in a binding manner.
The Customer (hereinafter also the User) is requested to read this document carefully.
Ownership and use of the site
The person responsible for this website is:
MARIO AND GIUSEPPE TOVAGLIERI s.a.s.
Via Ugo Foscolo 13 – Busto Arsizio – 21052 (VA)
We invite you to carefully read all the general conditions of use and sale present in the relevant sections of the site www.emmegiti.com (“Site”) of MARIO E GIUSEPPE TOVAGLIERI sas, including the provisions in terms of payments, shipments and returns, before using the Site.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the Customer declares to satisfy the following requirements:
- the Customer acts as a Consumer;
- the Customer is not located in a country subject to a government embargo by the United States of America or in a country included in the list of states that sponsor terrorism by the United States of America Government;
- the Customer is not included in any list of contractors not admitted by the Government of the United States of America.
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.
It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality. 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 any activity carried out with his login credentials.
Users are required to inform the Owner 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, unlawfully disseminated or subtracted.
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.
- Each User can create only one account.
- 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 by contacting the Owner 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, reimbursement 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
All content available on this Website is owned 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 the applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally enforceable 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, including all materials included in the Site, by way of example and not limited to, images, texts, logos, trademarks, copyrights, photographs.
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, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / sell to third parties or create works derived from the content available on this Website, to allow 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 contents 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 copyright law remain valid.
Accessibility of the contents provided
The contents provided to this Website by Users are made available under the conditions described in this section.
The confidential content provided by the User remains private and will not be shared with third parties or with the Owner without the express consent of the User.
Users can (and are encouraged to) consult this Website to find out who can access the content they provide.
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 third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with 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, regulations or the rights of third parties.
Therefore, the Data Controller 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 censurable activity carried out through this Site. Web or the Service to the competent authorities – p. ex. 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 Controller;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
The conditions of sale and the information referred to in art. 59 of the Consumer Code, as provided by MGT during the sale and reported on the Site, apply to the purchase of “MGT emmegiti” branded products through the Site and regulate the offer and sale of the same.
This contract (hereinafter referred to as the “Contract”), as a distance contract, is governed pursuant to art. 50 of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”). This contractual bond concerns the sale of movable property between the company MARIO E GIUSEPPE TOVAGLIERI sas, Via Ugo Foscolo 13, 21052, Busto Arsizio (VA), VAT number 00273450122 (hereinafter “MGT”) and the consumer customer ( hereinafter also User). The Contract is concluded directly through the acceptance by MGT of a purchase proposal issued by the Customer via the internet at the page www.emmegiti.com (“Site”).
The Conditions will remain valid and effective until they are modified and / or supplemented by MGT, at its discretion, without the need to provide any notice to users of the Site. Any changes and / or additions to the Conditions, to offer new products or services or to adapt us provisions of law and regulations, or other, will be effective from the date of publication on the Site and will apply to sales made from that date. MGT also reserves the right to permanently or temporarily interrupt or suspend access to services without notice and liability for any or no reason; in this case, the Contracts will be completed in the processing and delivery phase.
The Customer declares and guarantees: (i) to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; (ii) to be of age; (iii) that the data provided by the same for the execution of the Contract are correct and truthful.
Any costs for Internet connection to the Site, including telephone costs, are the sole responsibility of the Customer, according to the rates applied by the operator selected by the Customer.
Products, prices and shipping countries
The “MGT emmegiti” branded products came with the characteristics described on the Site and according to the Conditions published on the Site at the time the order was placed by the Customer.
Some of the Products offered on this Website as part of the service are subject to a fee.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
The presentation of the Products on the Site, which is not binding for MGT, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
To purchase the Products, the Customer is required to register or log in to this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice. These changes operate only for orders not yet confirmed on the date of the change itself. In any case, before sending the order, the Customer is invited to check the final sale price.
MGT strives to offer a photographic representation of its products as realistic as possible. Although the Products on this Site are presented with the utmost accuracy technically possible, the representation on this Site by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product. By proceeding with the purchase, the Customer accepts that there may be small discrepancies in this regard.
The characteristics of the selected Product will be specified during the purchase procedure.
In addition to the price of the product at the end of the purchase process there could be the addition of the cost of shipping based on the Customer’s address. Any additional costs, charges, taxes / duties that a given (delivery) country may apply to the products ordered are the sole responsibility of the Customer.
The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site in the appropriate “Shipping” section.
The purchase order sent by the Customer to MGT through the Site has the value of a contractual proposal and is governed by the Conditions, an integral part of the order itself and which the Customer is required to accept in full without any reservation. The Contract is concluded at the time of payment, by sending the order confirmation to the Customer.
All orders are subject to acceptance by MGT., Which reserves, at its sole discretion, the right not to proceed with any order proposal in the event that:
- the data provided by the Customer when completing the order form are
- incomplete or incorrect;
- the Customer does not qualify as a final consumer or does not meet the requirements to implement the payment conditions;
- the country of destination of the shipment indicated by the Customer when completing the order form is not included in the list of countries available in the “Shipping and delivery terms” section;
- the Products ordered are not available, so MGT undertakes to report the new availability of the products.
Each phase, 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:
- Customers are asked to choose the desired Product and to verify their purchase choice. The selected Product will be placed in the appropriate virtual cart.
- After checking the information visible in the purchase choice, customers can place the order by forwarding it.
Sending the order
Sending the order involves the following:
- The sending of the order by the Customer determines the conclusion of the contract and gives rise to the Customer’s 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 Customer, such as the provision of information or personal data, specifications or special requests, placing the order also constitutes the Customer’s obligation to cooperate accordingly. To carry out the purchase, the Customer is in fact invited to provide their data in order to complete the order and allow the completion of the contract.
- Once the order has been sent, a confirmation of receipt of the order will be sent to the Customers.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the Customer for this purpose.
The purchase order of the Customer is accepted by MGT by sending to the Customer, to the e-mail address declared by him to MGT at the time of the transmission of the order, an e-mail confirming the order itself, with the summary of the order placed.
During the purchase process and before placing the order, Customers are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
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 enforceable by the Customers 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 Owner’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 Owner can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate judicial offices in order to protect his 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 full 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 period of validity. After the deadline, the voucher will be automatically canceled. Any possibility of claiming rights is excluded, including the reimbursement of the value of the Voucher;
- The Customer 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 relating to 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 charged to the Customer.
Retention of title
Until the payment of the full purchase price has been received by the Owner, the Customer does not acquire ownership of the Products ordered.
Deliveries are made to the address indicated by the Customer and in the manner indicated in the order summary and in any subsequent communications to the Customer.
The delivery terms of the Product depend on the country of destination. The delivery of the products purchased on the Site takes place after taking charge of the courier within 4-5 working days in the territory of the Italian Republic, and in 6-7 working days in the other European countries referred to in the “Country List” indicated in the appropriate “Shipping” section of the Site.
The delivery times cannot, in any case, be considered binding and MGT, not being able to directly control the deliveries of the garments after their shipment, cannot be held responsible in any way for their non-compliance. MGT undertakes to send the order within the period indicated above, and in any case, within a maximum of 30 working days from the time of order confirmation by MGT.
At the time of 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.
The Customer is informed about the status of the orders thanks to the “Order Tracking” function provided by the courier in charge of delivery. The Customer can also fill in the appropriate “Check your order” form on the Site. MGT will respond within 24 hours.
In terms of processing and delivery, weekends, holidays and days falling within company holidays are to be considered excluded, appropriately communicated on the website in the section dedicated to the opening hours / days of the Company Store. National, regional and local holidays are observed.
“Click and collect”
Customers can choose to collect their purchases at the Company Store, in via Ugo Foscolo 13 Busto Arsizio according to the timing communicated by MGT by email to the address provided by the Customer.
To use this service, the Customer must send a specific communication by email to MGT.
The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the Customer 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 Customer. .
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 Customer to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt starting from the second will be charged to the Customer.
After 30 days from the order, in case of non-receipt of the package containing the relative order placed, please contact the customer service numbers or write an email to email@example.com.
Right of withdrawal
The Customer has the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 14 days from the date of receipt of the Products covered by the Sale and Purchase Agreement.
If one of the exceptions listed below does not occur, Users acting 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.
To exercise the right of withdrawal, the Customer must send the Data Controller an unequivocal communication of their intention to withdraw from the contract and requesting the appropriate form to proceed with the return. Alternatively, the Customer can use the standard withdrawal form available in the definitions section at the end of this document.
In order to respect the period within which the right must be exercised, the Customer must send the declaration of withdrawal before the withdrawal period expires.
The withdrawal period expires after 14 days from the day on which the Customer or a third party – appointed by him and other than the courier – takes possession of the goods.
In the event of the purchase of multiple goods ordered together but delivered separately, the withdrawal period expires after 14 days from the day on which the Customer or a third party – appointed by him and other than the courier – takes possession of the last of the goods.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The reimbursement can be withheld until the goods are received or until the Customer has provided proof of having returned them.
The Customer is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
Exercise of the right of withdrawal
The procedure for exercising the right of withdrawal by the Customers, and therefore the return of the garment and the related refund request, is as follows:
- Request the form to be completed to proceed with the withdrawal from firstname.lastname@example.org, or use the standard form at the end of this document. The form must be completed in each field. If the reason for the return was a defective garment, a photo of the garment must be attached to the form so that the defect is visible.
- Send the form by e-mail to email@example.com.
The complaint is viewed by MGT, which will communicate any approval. MGT reserves the right to refuse to make the refund or to accept the return in the event that the garment shows evident signs of use or damage or altered in any way.
Only unused and undamaged garments will be accepted, and which are in the same conditions as received by the Customer, or in perfect condition, complete with all their elements (all the labels attached to the garment must not have been removed).
Pursuant to art. 59, second paragraph, of the Consumer Code, the Customer has no right of withdrawal in the case of supply of tailor-made or customized products (eg initials).
- If the complaint has been approved, the Customers undertake to return the garments within 7 working days from the date of sending the email of approval of the complaint by MARIO E GIUSEPPE TOVAGLIERI s.a.s.
- The item to be returned must be boxed in the original packaging and sent, together with the return approval form, the order receipt or order confirmation email, with traceable shipping method to the address:
MARIO E GIUSEPPE TOVAGLIERI s.a.s.
Via Ugo Foscolo 13
21052 Busto Arsizio (VA)
The return shipping costs are charged to the customer.
Any product sent without following the above procedure will not be accepted and will be returned to the sender, without issuing any refund.
MGT undertakes to reimburse the price as soon as possible, and in any case within 14 days from the date of receipt of the garment, under the above conditions. Refunds will be made using the same payment method used for the purchase.
If Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms indicated above, Customers are not entitled to a refund of the price paid.
Having satisfied the above conditions, the buyer has the right to be reimbursed for the full amount excluding shipping costs. Coupons or Discount Coupons used to purchase the item will be replaced with new Coupons or Discount Coupons to be used for other purchases.
It is not possible to make a “product change”, therefore you will have to carry out the return procedure and then proceed with a new order.
Conformity of products, reporting of defects.
“Consumer” customers, as defined in art. 3, first paragraph, lett. a) of Legislative Decree 206/2005, may request the Seller, under the terms of art. 132 of Legislative Decree 206/2005, the remedies granted to them by the latter legislative decree in relation to lack of conformity.
According to European legislation, the Seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the Seller is required to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
In the rare event that the product received should be defective, the procedure to be followed is the same as for making an ordinary return, therefore we refer you to reading the dedicated section.
Our warehouse will take delivery of the returned items within 14 days from the date of receipt by the Customer, and will carry out quality checks to verify the actual non-compliance. The refund will be made by crediting the sums paid by the customer for the purchase of the products according to the payment method used.
The application of any warranty is excluded in case of use or washing of the Product that does not conform to that of the Product, or that established by the MGT Seller and the instructions provided, or reported on the labels and tags.
The provisions of Directive 85/374 / EEC apply as regards damage caused by the product.
In the event of defects or non-compliance, the Customer will have the right to have the Product restored to conformity by the Seller by repair or replacement or to alternative remedies in the cases provided for in art. 130 of Legislative Decree 206/2005.
Privacy and security
The Seller undertakes to adopt measures aimed at the security of personal data against their possible loss, falsification, manipulation and improper use by third parties. However, the Seller cannot guarantee that the information and data are not accessible or viewable by unauthorized third parties.
The terms are governed by Italian law, in particular by the Consumer Code.
The exclusive competence to know any dispute deriving 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.
Friendly settlement of disputes
Users can report any disputes to the Owner, who will try to resolve amicably.
Although the right of Users to take legal action remains unaffected, in the event of disputes 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 Customer can address a complaint to the e-mail address of the Owner 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 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.
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision replacing the null, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not lead to nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the Customer and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be implemented to the fullest extent permitted by law.
No implied waiver
Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
Interruption of the Service
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 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 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, such as force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).
Resale of 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 resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under the regulations and international treaties applicable to intellectual property.
All trademarks – word or figurative – and any other distinctive sign, company, 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 pursuant to of the legislation and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to change 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 customer only for the future.
Continued use of the Service implies the Customer’s acceptance of the updated Terms. If the Customer does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until acceptance by the Customer. This version can be requested from the Data Controller.
If required by applicable law, the Data Controller 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, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The Customer 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.
Limitation of Liability and Indemnity
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim – including, without limitation, legal fees and expenses – advanced by third parties to due to or in connection with culpable conduct such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, joint owners of the brand, partners and employees, to the extent required by 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 (or any natural or legal person acting on his behalf) is excluded.
The foregoing does not limit the Controller’s liability for death, damage to the person or physical or mental integrity, damage 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 by willful misconduct or gross negligence, provided that the use of this Website by the User has been suitable and correct.
Unless the damages have been caused with intent or gross negligence or affect life and / or personal, physical or mental integrity, 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 Data Controller assumes no responsibility for:
- any loss of earnings or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage 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 of the will and beyond the control of the Owner, such as, but not limited to, failures or interruptions of telephone or power lines, Internet connections and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of third party products, services or applications;
- any losses that are not a direct consequence of a breach of the Terms by the Owner;
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitute a right. which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new supply of the services or to the payment of the cost for the repetition of their supply.
Disclaimer of Warranty
The Owner provides this Website “as is” and according to availability. The use of the Service is at the User’s own risk. Within the maximum limits permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind – whether express, implied, statutory or other, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and secure manner, at any particular time or place; 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 the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation. or from the use of the Service by the User.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected via hyperlink. Furthermore, the Owner does not take part or in any way monitor any transaction between Users and third party suppliers of products or services.
The Service may become inaccessible or may not work properly with the User’s browser, device and / or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply within the limits set by law.
Limitation of Liability
Within the maximum limits permitted by applicable law, in no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for
- any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, arising from or relating to the use, or the inability to use the Service; is
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or the information contained therein;
- any error, lack or inaccuracy in the contents;
- personal injury or material damage, of any nature, resulting from the access or use of the Service by the User;
- 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, Trojans or similar that may be transmitted to or through the Service;
- any error or omission in any content or for any loss or damage suffered as a result of the use of any content published, emailed, transmitted or otherwise made available through the Service; and / or
- the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any request for compensation, proceeding, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on the limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Controller had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights and the User may enjoy other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided for by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, burden. o debt and expense, including, without limitation, legal fees and expenses arising out of
- the use or access to the Service by the User, including any data or content transmitted or received by the User;
- the violation of these Terms by the User, including, by way of example but not limited to, any violations by the User of any declaration or guarantee provided by these Terms;
- the violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
- the violation by the User of any law, rule or regulation in force
- any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s personal username and password or other measures security, if any;
- the User’s malicious conduct; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees, within the limits permitted by applicable law.
Model withdrawal form
Tovaglieri Mario and Giuseppe Camiceria Via Ugo Foscolo 13 – Busto Arsizio – 21052 (VA) VAT number 00273450122 firstname.lastname@example.org 0331632449 email@example.com
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer (s): _____________________________________________
- Address of the consumer (s): _____________________________________________
- Date: _____________________________________________
(sign only if this form is notified on paper)
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 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 registered office in the European Union, regardless of nationality.
Owner (or 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 tangible asset, digital files, software, booking services etc.
The sale of a Product can be part of the Service, as defined above.
The service offered through this 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 (or You)
Means any natural person who uses this Website.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.