TERMS AND CONDITIONS
These terms govern the use of this application and any other prior agreements with the owner in a binding manner.
Capitalized expressions are defined in the relevant section of this document. The user is asked to read this document carefully. Any further contracts or agreements entered into by the owner and sellers prevail over the provisions of the terms. Therefore, the terms apply only on a residual basis and in accordance with the provisions of such contracts or agreements.
The person responsible for this application is:
Primavera International Srl – Via rovere, 7 – 25010 – Acquafredda (Bs)
Owner's email address: firstname.lastname@example.org
To know at a glance
The right of withdrawal applies only to European consumers.
Please note that certain provisions of these Terms may only apply to certain categories of users. In particular, some provisions may apply only to consumers or only to users who are not acting as consumers. These limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all users.
How this application works
This application serves as a technical infrastructure that allows users to interact with each other. The owner is therefore not directly involved in any of these interactions between users.
These terms govern only the use of this application as a platform. terms, conditions and any other provisions applicable to transactions between Buyers and sellers are determined by each seller.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this application 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 application the user declares to satisfy the following requirements:
There are no restrictions on users as to whether they are consumers or professional users;
To use the service, the user can open an account by indicating all the data and information requested in a complete and truthful manner.
You can 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 store their login credentials securely and preserve their confidentiality. To do so, users must choose a password that matches the highest level of security available on this application.
By creating an account the user agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the owner immediately and unequivocally via the contact details indicated in this document if they believe that their personal information, such as for example the user account, login credentials or personal data, have been violated, illicitly disclosed or subtracted
Registration of a user account on this application is subject to the conditions specified below. By registering an account, you confirm that you meet these conditions.
Opening accounts via bots or other automated means is not permitted.
Except where expressly permitted, a user's account may not be shared with other people.
The User is free to close his account and cease using the Service at any time by following this procedure:
Using the account closure tools available on this Application.
By contacting the Owner at the contact details in this document.
Forced account closure
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.
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 about this application
Unless otherwise specified or clearly recognizable, all content available on this application is owned or provided by the owner or his/her licensors.
The owner takes the utmost care to ensure that the content available on this application does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without any prejudice to legally exercisable rights and claims, users are asked to address the relevant complaints to the contact details specified in this document.
Rights to the contents of this application
The owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the service.
In particular, but without exclusion, users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/assigning to third parties or creating works derived from the content available on this application, to allow third parties to undertake such activities through your user account or device, even without your knowledge.
Where expressly indicated on this application, the user is authorized to download, copy and/or share certain content available on this application exclusively for personal and non-commercial purposes and provided that attribution of authorship of the work as well as the indication of any other relevant circumstances requested by the owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through this application 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 granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.
This application 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 your sole responsibility to ensure that your use of this application and/or service does not violate any law, regulation or third party rights.
Therefore, the owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the user access to this application or the service, terminate contracts, report any objectionable activity carried out through this application or service to the competent authorities – p. e.g. the judicial or administrative authority - whenever the user carries out or is suspected of carrying out:
violations of laws, regulations and/or terms;
infringement of third party rights;
acts that may significantly prejudice the legitimate interests of the owner;
offenses against the owner or a third party.
TERMS AND CONDITIONS OF SALE
Some of the products offered on this application as part of the service are paid. The rates, duration and conditions applicable to the sale of such products are described below and in the respective sections of this application.
Product prices, descriptions and availability are specified in the respective sections of this application and are subject to change without notice.
Although the products on this application are presented with the greatest accuracy technically possible, the representation on this application by any means (including, as applicable, graphic materials, images, colors, sounds) is intended for reference only and does not imply any guarantee regarding the characteristics of the product purchased.
The characteristics of the selected product will be specified during the purchase procedure.
Each phase, from choosing the product to placing the order, is part of the purchasing procedure. The purchase procedure includes the following steps:
Users are asked to choose the desired product and verify their purchasing choice.
After checking the information visible in the purchase choice, users can place the order by submitting it.
Sending the order
Sending the order involves the following:
Sending the order by the user determines the conclusion of the contract and gives rise to the user'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 user, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the user to collaborate consequence.
Once the order has been submitted, users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the user for this purpose.
During the purchase process and before placing the order, users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this application:
depending on the section the user is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.
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 is given in the relevant section of this application.
All payments are managed independently by third-party services. Therefore, this application 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 fees resulting from failed or rejected payments are your responsibility.
Retention of title
Until payment of the full purchase price is received by the owner, the user does not acquire ownership of the products ordered.
Deliveries are made to the address indicated by the user and in the manner indicated in the order summary.
Upon delivery, users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the countries or territories specified in the relevant section of this application. Delivery times are indicated on this application or during the purchase procedure.
The owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions committed by the user in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the 'user.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the owner, who will contact the user to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt starting from the second will be at the user's expense.
Right of withdrawal
Unless an exception applies, you may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The user can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Where one of the exceptions listed below does not apply, users acting as European consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not have the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the user must send the owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the user can use the standard withdrawal form found in the definitions section of this document. The user is, however, free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the user must send the withdrawal declaration before the withdrawal deadline expires.
When does the withdrawal deadline expire?
In the case of the purchase of goods, the withdrawal period expires 14 days from the day on which the user or a third party - appointed by the latter and other than the courier - takes possession of the goods.
In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the user or a third party - from them appointed and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The owner reimburses all payments received including, if made, those relating to delivery costs to users who have correctly exercised the right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the owner will remain the responsibility of the user.
The refund takes place without undue delay and in any case within 14 days from the day on which the owner was informed of the user's decision to withdraw from the contract. Unless otherwise agreed with the user, the refund is made using the same payment method used for the initial transaction. The user does not have to bear any costs as a consequence of the withdrawal.
Effects of withdrawal on purchase contracts for 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 authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is respected if the delivery of the goods to the courier or other authorized 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 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.
Return shipping costs are the responsibility of the user.
Legal guarantee of Product 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.
If users act as European consumers, the legal guarantee of conformity of the goods applies to the items available on this application in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant such users broader rights.
Consumers who are not acting as European consumers may have conformity guarantee rights under the law of the country in which they habitually reside.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Limitation of liability for user activities on this application
Users acknowledge and accept that the owner limits himself to providing users with the technical infrastructure and functionalities available on this application.
The owner does not intervene in any way as an intermediary, moderator or promoter in interactions, agreements or transactions between users and therefore declines any responsibility for such interactions between users, and for the fulfillment of any obligations by users.
Limitation of Liability
Nothing in these terms excludes, limits or modifies any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these terms and Conditions, is limited, at the discretion of the owner, to a new provision of the services or to the payment of the cost of repeating their provision.
Disclaimer of Warranty
The owner provides this application “as is” and subject to availability. Use of the service is at the user's own risk. To the maximum limits permitted by law, the owner expressly excludes conditions, agreements and guarantees of any kind - be they express, implicit, statutory or otherwise, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-infringement of third party rights. 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.
Without limiting the foregoing, the owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the service will be available, uninterrupted and secure, at any particular time or location; 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 are solely responsible for any damage to your computer system or mobile device or loss of data that results from doing so or your use of the Service.
The owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the service nor any website or service linked by hyperlink. Furthermore, the owner does not take part in or in any way monitor any transaction between users and third-party suppliers of products or services.
The Service may become inaccessible or may not function properly with your browser, device and/or operating system. The owner cannot be held responsible for any damage, whether perceived or actual, resulting 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 you. This agreement gives you special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions set forth in this agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances will the owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for:
any indirect, intentional, collateral, 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, or inability to use the service; And
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your user account or information contained therein;
any errors, omissions or inaccuracies in the contents;
personal injury or property damage, of any nature, resulting from your 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 that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
the defamatory, offensive or illegal conduct of any user or third party. In no event shall the owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in 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 limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability set out in these terms do not apply to the extent permitted by applicable law.
You agree to defend, indemnify and hold harmless the owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you;
your breach of these terms, including, but not limited to, any breach by you of any representation or warranty set forth in these terms;
your violation of any third party rights, including, but not limited to, any privacy or intellectual property rights;
your violation of any applicable law, rule or regulation
any content submitted from your account, including, but not limited to, misleading, false, or inaccurate information, including if accessed by a third party using your personal username, password, or other measures security, if present;
the user's malicious conduct; or
your violation of any legal provisions by you or your affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
Failure by the owner to exercise legal rights or claims arising from these terms does not constitute a waiver thereof. No waiver can be considered definitive in relation to a specific right or any other right.
To guarantee the best possible level of service, the owner reserves the right to interrupt the service for maintenance purposes, system updates or any other modification, 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 owner 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 (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this application 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 for example copyrights, trademarks, patents and models relating to this application are held exclusively by the owner or its licensors and are protected pursuant to the legislation 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 application are and remain the exclusive property of the owner or its licensors and are protected pursuant to 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 users.
The changes will only affect the relationship with the user for the future.
Continued use of the service constitutes your acceptance of the updated terms. If you do not want to accept the changes, you must stop using the service. Failure to accept the updated terms could result in either party being entitled to withdraw from the agreement.
The applicable previous version continues to govern the relationship until accepted by the user. This version can be requested from the owner.
If required by applicable law, the owner will specify the date by which the changes to the terms will come into force.
Assignment of the contract
The owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these terms, having regard to the legitimate interests of users.
The provisions relating to modifications of these terms apply.
You are not authorized to assign or transfer your rights and obligations under the terms without the written consent of the owner.
All communications relating to the use of this application must be sent to the contact details indicated in this document.
Should any of the provisions of these terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with its original purpose.
These terms constitute the entire agreement between user and owner with reference to the subject matter regulated and prevail over any other communication, including any previous agreements, between the parties regarding the subject matter regulated.
These terms will be enforced to the fullest extent permitted by law.
Should a provision of these terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these terms does not imply nullity of the entire agreement, unless the null, invalid or ineffective provisions within the framework of the agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
The terms are governed by the law of the place where the owner is established, as indicated in the relevant section of this document without regard to conflict of law rules.
The exclusive jurisdiction to hear any dispute arising out of or in connection with the terms lies with the judge of the place where the owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
However, regardless of the foregoing, if you act as a European consumer and have habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Consumer dispute resolution platform
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.
Amicable settlement of disputes
Users can report any disputes to the owner, who will try to resolve them amicably.
Although users' right to bring legal action remains unaffected, in the event of disputes relating to the use of this application or the service, users are asked to contact the owner at the contact details indicated in this document.
The user can address a complaint to the email address of the owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account affected.
The owner will process the request without undue delay and within 21 days of its receipt.