- Thanks for Starting Your Italian Lifestyle
This document contains the general terms and conditions based on which users are offered the possibility of purchasing Digital Services and products on the Platform, as indicated below.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Terms may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents, and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.
All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are permitted to Consumer Users.
Natural persons are allowed to purchase and / or request for supply only on condition that they are of legal age. For minors, any purchase and/ or request for the supply of Products through the Application must be examined and authorized by the parents or by the operators of parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer, and the order sent by the User will be valid as a contractual proposal for purchase and / or supply request, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and / or reason.
The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the timing of supply and execution, the methods to exercise the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
If the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking if he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation, and the Conditions.
For each Product the price including VAT is indicated, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
In addition, all possible taxes will be indicated, additional expenses that may vary in relation to the payment method used. If such items of expenditure cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
If such third-party instruments should deny authorization to pay, the Owner will not be able to supply the Products and cannot be considered in any way responsible.
The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User that he declares and guarantees to be true will prevail, releasing to the Owner any wider indemnity in this regard.
The Owner will provide the digital Products and / or services to the User, in the manner and within the term indicated on the Application and reported in the order confirmation.
If it is not possible to provide the Digital Products and the services requested within this period, timely notice will be given by e-mail to the User, with an indication of when it is expected to be able to provide them or the reasons that make the supply impossible.
If the User does not intend to accept the new term or the supply has become impossible, he may request a refund of the amount paid which will be credited promptly in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware of the refund request.
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written communication to the Owner.
In case of withdrawal exercised correctly, the Owner will reimburse the Consumer User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has communicated to withdraw from the contract.
In case of purchase of Digital Product, the Consumer User acknowledges and agrees to lose the right of withdrawal if the execution or download of the Digital Product has begun with his express agreement and with the acceptance of losing the right of withdrawal after the execution or download has begun, pursuant to art. 59, letter o) of the Consumer Code.
In case of request for the provision of a service, the Consumer User acknowledges and accepts to lose the right of withdrawal after the complete provision of the service if the service has begun with his express agreement and with the acceptance of losing the right of withdrawal after the service has been performed, pursuant to art. 59, letter a) of the Consumer Code. In addition, the Consumer User acknowledges and accepts to lose the right of withdrawal if he has requested that the service begin during the withdrawal period, pursuant to art. 51, paragraph 8.
Where the provision of the service has not been fully performed and the Consumer User wishes to withdraw from the contract, he remains obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Data Controller an amount proportional to what has been performed up to the moment in which he exercised the right of withdrawal.
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents related to the Application are and remain the property of the Owner or its licensors and are protected by the laws in force on trademarks and related international treaties.
The Terms do not grant the User any license to use the Application and / or individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
The Application is provided "as is" and "as available" and the Owner does not provide any express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never have interruptions or will be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside its control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to any full refund of the price paid and any accessory charges incurred.
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (number of credit cards, name of the holder, password, etc.)
The Data Controller will not be responsible for:
Under no circumstances may the Owner be held responsible for a sum exceeding twice the cost paid by the User.
The Data Controller cannot be held responsible for the failure or delay in fulfilling its obligations, for circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Data Controller will be considered suspended for the period in which force majeure events occur.
The Data Controller will perform any act in its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Data Controller does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.
The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the relevant page on the Platform.
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to bring an action before a court other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles. 18, 19 and 20 of the Civil Procedure Code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
The Consumer User residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and / or deriving from contracts for the sale of goods and supply of services stipulated on the network. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 23/12/2024