Terms and Conditions
TERMS OF SALE
These Terms regulate 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:
Prodotti del Sud di Sais Antonio
Via Cagliari 9 “80025” Casandrino (NA)
P.Iva 09543711213
Email address of the Owner: info@prodottidelsud.com
Information about this Website
prodottidelsud.com online shipping service of Italian products with free shipping throughout Europe. Italy at your home, wherever you are.
The following documents are incorporated into the Terms by reference:
What you need to know at a glance
– 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 act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of mention, the clauses apply to all Users.
– The right of withdrawal applies only to European Consumers.
– The use of this Website and the Service is reserved for Users of legal age according to the applicable law.
TERMS 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 User declares to satisfy the following requirements:
– There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;
– The User is of legal age according to the applicable law;
Registration
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 possible to use the Service even without registering or creating an account. In this case, however, certain functions may not be available.
It is the Users’ responsibility to keep their access credentials safe and to maintain 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/her access 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 User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Registration requirements
Registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.
– Opening accounts via bots or other automated means is not permitted.
– Unless otherwise specified, each User may create only one account.
Account closure
The User is free to close their account and stop 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.
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 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 legislation or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any rights and claims legally enforceable, Users are requested to address the related 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 such 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, granting sublicense, transform, 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 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 authorship attribution 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 legislation remain unchanged.
Content provided by Users
The Owner allows Users to upload, share or offer their own content on this Website.
By providing content to this Website, the User declares to be legally authorized to do so and confirms that such content does not violate any law and/or third party rights.
The additional requirements that the contents must meet to be considered acceptable are specified in the relevant section of this Website where the permitted use is specified.
Rights on the contents provided by Users
The User acknowledges and accepts that by providing their own contents to this Website they grant the Owner, free of charge, the non-exclusive right to process the contents for the purposes of operation and maintenance of this Website, as contractually provided.
To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Website.
Users acknowledge and accept that the contents they provide through this Website will be made available under the same conditions applicable to the contents of this Website.
Responsibility for the contents provided
The User is exclusively responsible for the contents uploaded, published, shared or otherwise provided to this Website. The User acknowledges and accepts that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its sole discretion and to deny access to this Website to the User who uploaded it without prior notice:
– if it has received a complaint in relation to such content;
– if it has received a notification of infringement of intellectual property rights;
– by order of the Authority; or
– if the Owner has been made aware that such content, if accessible through this Website, may represent a risk for Users, third parties or for the availability of the Service.
The removal, deletion, blocking or rectification of content does not justify any claim for compensation, reimbursement or compensation by the Users who have provided such content.
Users agree to hold the Owner harmless from and against any claim made and/or damage suffered due to content provided by them to or offered through this Website.
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 granting of rights on content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.
Use amitted
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 use of this Website and/or the Service does not violate any law, regulations 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 objectionable activity carried out through this Website or the Service to the competent authorities ” e.g. judicial or administrative authorities ” whenever the User commits or is suspected of committing:
– violations of the law, regulations and/or the Terms;
– violations of third-party rights;
– acts that may significantly harm the legitimate interests of the Owner;
– offenses to the Owner or a third party.
Software License
Any intellectual or industrial property rights, as well as any other exclusive rights existing on the software or technology integrated in or related to this Website are held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provision contained therein, the Owner grants Users a revocable, non-exclusive, non-transferable and non-sublicensable license to use the software and/or technology integrated in the Service within the framework and for the purposes of this Website and the Service offered.
The license does not include any right of access to, use or disclosure of the original source code to the User. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licenses to the User ceases with immediate effect in the event of termination or expiration of the Agreement.
Terms of Use of the API
Users can access their data relating to this Website through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Website, is subject to the Terms and in addition to the following specific conditions:
– the User expressly acknowledges and accepts that the Owner is not liable for damages or losses resulting from the User’s use of the API or third-party products or services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Website as part of the service are paid.
The fees, 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 the 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 maximum accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each phase, from the choice of the product to the forwarding of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
– Users are requested to choose the desired Product and 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 entails the following:
– Sending the order by the user determines the conclusion of the contract and gives rise to the User is obliged 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 User’s obligation to collaborate accordingly.
– Once the order has been forwarded, 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.
Prices
During the purchase procedure and prpri of placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
The prices on this Website:
– include all applicable fees, 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 enforced 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 Owner’s headquarters, as indicated in the contact details in this document.
Vouchers
Promotions and discounts may be offered in the form of Vouchers.
In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate action, including judicial, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of the Vouchers:
– Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher;
– The Voucher may be redeemed only in full at the time of purchase ” partial use is not permitted;
– Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases in installments;
– Vouchers cannot be cumulated;
– The Voucher must be used within the specified validity period. Once the period has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
– The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
– The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as well as any illicit activity connected 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 means of payment are linked to additional conditions or involve additional costs. Detailed information is provided 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 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 refused payment are the responsibility of the User.
Retention of ownership
Until the Owner has received payment of the full purchase price, the User does not acquire ownership of the Products ordered.
Retention of rights of use
Until the Owner has received payment of the full purchase price, the User does not acquire the rights to use 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 following countries or territories: Austria, Belgium, France*, Germany, Italy, Liechtenstein, Luxembourg, Netherlands, Portugal, Spain**, **United Kingdom (UK), Ireland, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece*, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia, Sweden, Hungary, .
Delivery times are indicated on this Website or during the procedurepurchase duration.
Failure to deliver
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 Customer acknowledges and accepts that in the event of impossibility of delivery of the Products due to his (or the person appointed to receive the expense) absence at the time of delivery, the Products will not be cancelled from the order and the relative amount will not be credited back to the Customer.
In the event that the goods are not delivered or collected at the time or within the established deadline and are returned to the Owner. The Owner undertakes to contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be at the User’s expense.
The Owner undertakes to open a claim and/or signature disavowal case against the courier in the following cases:
1. Loss of the package by the courier;
2. Non-recognition by the recipient of the package of their signature on the proof of delivery.
The Owner undertakes, by interfacing with the courier, to verify the veracity of the reported event.
If the Owner finds the veracity of the event reported by the recipient of the package, the latter undertakes, at the end of the verification procedures, to return the goods, at his own expense.
However, the Owner does not provide for reimbursement for the cases mentioned above (Loss of the package by the courier; Non-recognition by the recipient of the package of their signature on the proof of delivery).
Provision of services
The purchased service will be performed or made available within the times indicated on this Website or according to the methods communicated before the order is sent.
Right of withdrawal
Pursuant to art. 59, paragraph 1, letter. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code https://www.brocardi.it/codice-del-consumo/parte-iii/titolo-iii/capo-i/sezione-ii/art59.html), the right of withdrawal is excluded in relation to:
– Goods that risk deterioration or rapid expiration
– Sealed goods that are not suitable for return for hygiene reasons or related to health protection and that have been opened after delivery
– Goods purchased by a non-consumer Customer who purchases with a VAT number.
– the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is unable to control and that may occur during the withdrawal period;
With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that risk deterioration or rapid expiration include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Users, the right of withdrawal is applicable only for Products purchased on the Website that can be returned intact in their respective seal, and put back on the market without danger to the health of consumers.
Exercise of the right of withdrawal
The Customer may exercise the right of withdrawal, pursuant to art. 52 et seq. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in the previous paragraph and in cases other than those indicated in the previous paragraph, provided that these, after delivery, have not been opened or their seals altered.
In cases where the exercise of the right of withdrawal is permitted, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
To exercise the right of withdrawal, the Customer must send, within 14 days from the date of delivery of the Products, a written communication by email to the following email address servizioclienti@prodottidelsud.com with the subject Exercise of the right of withdrawal, providing the following information:
1. order number and date of purchase;
2. date of delivery of the order;
3. the name and address of the Customer;
4. the indication of an e-mail and telephone number of the Customer;
5. code of the item or items for which you intend to exercise the right of withdrawal.
The right of withdrawal applies to the Product purchased in its entirety; therefore if the Product is composed of multiple components or parts it cannot bethe right of withdrawal has been exercised only on part of the purchased Product.
Upon receipt of the communication of exercise of the right of withdrawal, the return costs will be borne by the customer. In order to receive the agreed refund, the goods must be delivered to the Owner within 14 days from the date of request for withdrawal.
In the event of exercise of the right of withdrawal, the Owner will reimburse the User for the entire amount of the returned Products, within 14 days from the date on which the communication of withdrawal was received, without prejudice to the right of the Owner to suspend payment of the refund until the actual receipt of the Products. The refund will be made using the same payment method used by the User.
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 payment method used for the initial transaction. The User shall not 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 respected if the delivery of the goods to the courier or to another authorised person occurs 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 liable 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.
The return shipping costs are borne by the User.
Legal guarantee of conformity of the Product
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 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 qualify 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.
The national laws of such country may grant such Users broader rights.
Consumers who do not qualify as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.
Limitation of liability
Australian Users
Limitation of liability
Nothing in these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that 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 liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s sole discretion, to either re-supplying the services or paying the cost of having the services supplied again.
US Users
Disclaimer of Warranties
The Owner provides this Website on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by law, the Owner expressly excludes 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. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will be deemed to be inadmissible.erà warranties not expressly set forth 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 a third party through the Service or on any hyperlinked website or service. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party providers 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 liable for any damages, 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 and limitations 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 under this Agreement shall apply to the fullest extent permitted by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
– 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 the User account or the information contained therein;
– any error, lack or inaccuracy in content;
– personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the Service;
– any unauthorized access to the Owner’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 error or omission 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 through the Service; and/or
– the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount greater than the amount paid by you to the Owner in the preceding 12 months, or the period of duration of this Agreement between the Owner and you, whichever is shorter.
This limitation of liability section shall apply 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 will not apply to the extent prohibited by law applicable.
Indemnity
You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debt, and expenses, including without limitation attorneys’ fees and costs, 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 representations or warranties set forth in these Terms;
– Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property;
– Your violation of any applicable laws, rules or regulations
– any content submitted from the User’s account, including, but not limited to, misleading, false or inaccurate information, including when access is made by a third party with the User’s 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 implicit waiver
The failure of the Owner to exercise any legal right or claim arising from these Terms does not constitute a waiver thereof. No waiver may be considered definitive in relation to a specific right or any other right.
Interruption of Service
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 modification, 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 case of termination of the Service, the Owner will work to ensure that Users can withdraw their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as force majeure (eg. strikes, infrastructural malfunctions, blackouts etc.).
Reselling the Service
Users are not allowed 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 laws and international treaties on intellectual property.
All “denominative or figurative” trademarks 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 applicable laws and international treaties on 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 Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, he/she must stop 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 the User accepts it. Such version may 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 the contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or allrights and obligations under these Terms, taking into account 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.
Contacts
All communications relating to the use of this Website must be sent to the contact details indicated in this document.
Security clause
If any provision of these Terms should be or become void or unenforceable under the applicable law, the voidness or unenforceability of such provision shall not affect the effectiveness of the remaining provisions, which therefore remain valid and enforceable.
US Users
Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the subject matter regulated and prevail over any other communications, including any prior agreements, between the parties regarding the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.
European Users
If any provision of these Terms should be or become void, invalid or ineffective, the parties will do their best to find, in an amicable way, a valid and effective provision to replace the void, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the above, the void, invalid or ineffectiveness of a specific provision of these Terms does not entail the voidness of the entire Agreement, unless the void, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties do not they would 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 unreasonable and unacceptable hardship for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has his or her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the courts 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.
Dispute resolution
Amicable dispute resolution
Users may report any disputes to the Owner, who will try to resolve them amicably.
While the right of Users to initiate legal action remains unaffected, in the event of disputes regarding the use of this Website or the Service, Users are kindly 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 Owner will process the request without undue delay and within 2 days of receiving it.
Resolution platform of disputes with Consumers
The European Commission has introduced an online platform for alternative dispute resolution that facilitates 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 arising from contracts concluded online. The platform is available here.