General Terms of Sale

Art. 1 - General provisions

1.1 These general conditions of use ("Conditions" or "Contract") will bind the user of the website ("User") and Eleonora Bonucci S.r.l., C.F./P.IVA 02025100567, with registered office in 01100 Viterbo (VT), Via dell'Industria SNC, e-mail: customerservice@eleonorabonucci.com, tel: 0039 0761398011 ("Seller" or "Bonucci").

1.2 In particular, these Conditions apply to the use of the website https://eleonorabonucci.com ("Website") by the User.

Art. 2 - Definitions

2.1 The following terms will have the meaning indicated below:

"Account" means the reserved area of the Website where the User is enabled to access certain features and set his Account Preferences.

"Account Preferences" means that section of the Website, accessible through the User's Account, where the User can update and/or modify the Data entered during registration (e.g. shipping Data).

"Authentication Credentials" indicate the username and password and/or any other authentication method through which the User is enabled to access the Account and/or to use any feature of the Website accessible only by authenticated Users  (eg. order history, discounts reserved for registered Users).

"Checkout" means that phase of the Product Purchase Service where the User will be requested to enter specific data relating the purchase of the Product  (e.g. shipping data, payment methods, etc.).

"Conditions" or "Contract", has the meaning set out in art. 1.1.

"Contents" means any photograph, image, video, music, sound element, message, or other material, including Data, uploaded and/or present on the Website.

"Data" means any information, including relating to an identified or identifiable natural person, such as, by way of example and without any claim of completeness, name, surname, e-mail address, telephone number, shipping address, billing data (e.g. tax code/VAT number) and/or other types of personal data that Users provide to the Seller in order to use the Services.

"Notice of Definitive Unavailability of Products" means the notice sent by e-mail message from the Seller to the e-mail address indicated by the User when sending an order, through which the Seller informs the User that one and/or more Products are unavailable.

"Order Confirmation Notice" means the notice sent by e-mail message from the Seller to the e-mail address provided by the User with which the Seller confirms receipt of the order and the availability of the requested Products . This notice will contain: a reference to these Conditions, the order number, the shipping Data, the list of the Products ordered with their essential characteristics and the Total Price.

"Privacy Policy" means the document on the processing of personal data, required by art. 13 of Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data and by art. 13 legislative decree 30 June 2003, n. 196 "Code regarding the protection of personal data" and subsequent amendments and additions. Unless otherwise noted, the Privacy Policy will be published on a specific page of the Website and will be accessible via hyperlink both from the Website footer and when purchasing the Products.

"Products" means all the goods offered for sale by the Seller through the Website, as better specified in the individual Product Sheets. The Seller informs the User that, through the Website, it sells original Products of third party brands; the products, therefore, manufactured by other companies and not by the Seller.

"Product Sheet", indicates that particular area of the Website, in which the user can find: i) the name of the Product sold by the Seller, ii) the essential characteristics of the Product, iii) the Total Price of the Product; iv) the availability of the Products.

"Purchase Agreement", has the meaning set out in art. 6.6.

"Registration", indicates the automatic sign-up procedure after which the User will be enabled to create his own Account and use the functions reserved to authenticated Users (e.g. discounts reserved for registered Users).

"Rights" indicate all the Rights concerning the Software underlying the Website, expressly including the exclusive rights provided for by the law of 22 April 1941, n. 633 and subsequent amendments and additions and, in particular, by articles 64-bis and following of the same law. By way of mere example and, therefore, without any claim of completeness, the exclusive right of reproduction, execution, uploading, processing, adaptation, translation, distribution, dissemination to the public, distribution of versions elaborated and/or modified and/or adapted concerning the Software underlying the Website fall within the Rights.

"Seller" or "Bonucci", has the meaning set out in art. 1.1.

"Services" indicate all the features that the Seller supplies to Users of the Website and include, in particular: (i) "Product Purchase Service", a Service through which the User can purchase the Products on the Website.

"Software" means the computer software underlying the Services and the Website, including the functional and graphic interfaces, which is exclusively owned by the Seller. The Seller, therefore,  holds all intellectual property rights indicated in art. 64 bis and following of law no. 633 of 22 April 1941 and subsequent amendments concerning the Software.

"Total Price" means, with reference to purchases made in EU countries, the total price of the Products purchased, including shipping costs and VAT or similar taxes (if applicable). With reference, however, to purchases made in non-EU countries, the Total Price includes the price of the Products purchased, including shipping costs, VAT or similar taxes (if applicable); the User, however, will bear the eventual customs duties (or similar impositions). In any case, the User is informed of the presence of such customs duties (or similar impositions) before completing the Checkout procedure.

"User", the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. It is therefore specified that this Website and, in particular, the Product Purchase Service, is reserved exclusively for consumer Users.

"Use of the Website" means any and all operation carried out by the User from the access to the Website, including the simple consultation of the Product Sheets, whatever the access device (e.g. PC, tablet or smartphone), the type of connection (private, third party, public or WI-FI) and the place of connection.

"Website", has the meaning set out in art. 1.2.

2.2 It is expressly understood that the definitions indicated in these Conditions have the same meaning (except for the number) if used in the plural and vice versa.

Art. 3 - Website Terms of Use

3.1 The User must not use the Website, or any Content, in such a way as to cause detriment to the Seller or to third parties. In particular, is forbidden to use the Website or the Contents therein to carry out competing activities, or in any case in such a way as to cause damage or prejudice to interests, including economic ones, or to the image of the Seller, other Users or third parties.

3.2 The User undertakes to use the Services and features made available by the Seller through the Website in full compliance with the laws in force and, in any case, undertakes not to use the aforementioned Services and features for any purpose contrary to those permitted by the Seller, including but not limited to:

  1. the violation of any third party right, including rights to image, name, decorum, honor and reputation, including commercial reputation;
  2. the transmission of viruses and/or other IT tools that may compromise the integrity and/or safety of IT equipment (so-called malware, trojan horses, etc.);
  3. the reporting and dissemination of links to websites where any prohibited activity indicated above is carried out.

3.3 In order to create the Account, the User must provide the Data requested by the Seller as part of the Registration procedure, keeping it up-to-date, complete and truthful . In any case, the User is informed that the update of the shipping address in the Account Preferences section will be effective only with reference to subsequent orders. As a consequence, prior orders are not affected.  The Seller, although not required by law to any obligation and/or control burden, reserves the right to periodically verify and check the accuracy of the User Data and, in case of proven irregularities and/or inaccuracies, also reserves the right to disable the access of the aforementioned Users to the Account. The User is informed that the creation of the Account is necessary to use some features made available by the Seller (e.g. Users who make purchases beyond a certain quantitative and/or price threshold may be entitled to special discounts).

3.4 The User undertakes to diligently keep the Authentication Credentials, which constitute Confidential Data for which the User is solely and exclusively responsible, also with regard to the activities carried out through its use. It is expressly forbidden for the User to transfer, for any reason, to third parties, the Authentication Credentials or in any case to allow, in any way, third parties to log into his Account, assuming, on an exclusive basis, any and all consequent liability.

3.5 The User also undertakes to promptly contact the Seller, at the contacts indicated in art. 1.1 or to the different address communicated by the latter, by sending suitable written notice for the hypothesis of theft or loss of the Authentication Credentials, in order to request their deactivation and reset via a specific link sent by the Seller by e-mail, as well as for any hypothesis of use, even alleged, of the Services and functions made available through the Website by unauthorized third parties.

3.6 It is understood that, in the event the User does not send the notice referred to in art. 3.5, the Seller will not, in any way, be liable for any harmful or prejudicial consequence deriving from the incorrect use, loss, theft and/or compromise of the Authentication Credentials  confidentiality.

3.7 Users are informed that after the purchase of a Product they may be requested to release a review on the website https://www.trustpilot.com/. Users are invited to read the terms and conditions and the privacy policy on the website of the aforementioned provider before releasing a review.

Art. 4 - Website and Conditions modifications

4.1 The Seller reserves the right to make, at any time, at its sole discretion and without prior notice, any change, addition and/or update it deems necessary and/or, simply, appropriate, to the Website, to the Contents (e.g. prices), the Software and/or other materials contained therein and/or available through the Website itself (including these Conditions).

4.2 It is understood that any modification and/or update will have no effect on the contracts already signed between the Seller and the User.

4.3 Changes and/or updates will have retroactive effect only in the event that such retroactive effect is imposed by legislative measures and/or by administrative, governmental or judicial bodies or authorities.

Art. 5 - Pre-contractual information for the Consumer User - art. 49 of Legislative Decree 206/2005

5.1 Before the purchase of a Product the User is invited to review the characteristics of the aforementioned Products which are illustrated in the individual Product Sheets.

5.2 Before the purchase of a Product and before the validation of the order with "payment obligation", the User is informed about:

    • Total Price of the Products;

    • payment methods (e.g. Paypal, credit card, bank transfer and, only for purchases in Italy, cash on delivery);

    • deadline within which the Seller undertakes to ship the Products;

    • conditions, terms and procedures relating to the right of withdrawal;

    • existence of the warranty of conformity for the Products purchased.

5.3 The User may at any time and in any case before the purchase of a Product read the information relating to the Seller, information which is also reported below:

Eleonora Bonucci S.r.l., Tax Code / VAT No. 02025100567, with registered office in 01100 Viterbo (VT), Via dell'Industria SNC, e-mail: customerservice@eleonorabonucci.com, tel: 0039 0761398011.

However, the User can always read the aforementioned information in the "Contacts" section of the Website and/or in the footer of the Website.

Art. 6 - Object of the Contract

6.1 These Conditions govern: i) the Product Purchase Service, through which the User can purchase the Products on the Website; ii) browsing on the Website by the User, as well as the use of any other Services and functionalities made available to the User through the Website.

6.2 Users are expressly informed that:

  1. this Website and, in particular, the Product Purchase Service is reserved exclusively for adult consumers (in Italy people who have turned 18);
  2. Users who are not adult consumers are therefore invited to refrain from purchasing Products on the Website;
  3. it is not possible to purchase Products with a value of less than Euro 50.00 (fifty/00). In countries belonging to the United Kingdom it is not possible to purchase Products with a value of less than Euro 180.00 (one hundred and eighty/00);
  4. it is not possible to place orders that exceed the quantity of 2 items of the same model over a period of 15 days and those placed repeatedly by the same person;
  5. the Seller reserves the right not to accept purchase orders or, in any case, not to ship the Products, in the event of non-compliance with provisions set forth in lett. (a), (b), (c), (d) above.

Procedures for Products purchasing

6.3 The characteristics and the Total Price of the Products are shown in the Product Sheets.

6.4 In order to purchase the Products, the User must complete and send the electronic order form, following the instructions contained on the Website. The User must add the Product to the "cart", enter the shipping Data and billing Data (where required), select the desired payment method and submit the form.

6.5 By sending the order from the Website - which has the value of a mere contractual proposal - the User acknowledges and declares to have read and fully accept all the information provided to him/her during the purchase procedure, these Conditions and the conditions of payment and to have read the Privacy Policy.

6.6 The contract (hereinafter the "Purchase Agreement") stipulated between the Seller and the User must be considered concluded with the acceptance of the order by the Seller. This acceptance is communicated to the User through the Order Confirmation Notice.

6.7 Users are expressly informed that:

  1. the risk of perishing, loss, theft, destruction, damage to the Products, for reasons not attributable to the Seller, is transferred to the User only when he/she, or a third party designated by him/her and different from the courier, materially comes into possession of the Products;
  2. however, the risk is transferred to the User already at the time of delivery of the Product to the courier if the courier has been chosen by the User and this choice has not been proposed by the Seller, without prejudice to the User's rights towards courier.

Art. 7 – Products information

7.1 The Seller will make every effort to accurately show the features of the Products, including the composition and colours. Nevertheless, there may be some errors, inaccuracies or small differences between the Product on the Website and the Product shipped. The colours displayed, in particular, may vary according to the electronic systems used by the User. The Seller, therefore, cannot guarantee that the computer or electronic device used by the User accurately reproduce the colours.

7.2 It is also understood that the photographs of the Products are only representative, therefore they can not be considered an element of the Purchase Agreement.

Art. 8 – Products Availability

8.1 The Products availability - as indicated in the Product Sheets - refers to the actual availability when the User send the order. This availability must in any case be considered purely indicative because, due to circumstances not attributable to the Seller (e.g. the simultaneous presence on the Website of multiple Users), the Products may no longer be available.

8.2 Where one and/or more Products are not available, the Seller will send the User the Notice of Definitive Unavailability of Products. Upon receipt of this notice, the User, within the next 24 hours, will have the right to confirm the shipment of only the Products available or cancel the entire order. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. In any case, the amount relating to the unavailable Products will be returned to the User, with the same payment methods chosen by him/her, within 14 days from the correction of the order.

8.3 It is hereby understood that any and all liability of the Seller towards the User or third parties for any unavailability of the Products is excluded.

Art. 9 - Prices, payment methods and invoicing

9.1 The Total Price of the Products indicated on the Website is expressed in Euros or, for Users accessing from foreign countries, in the current currency of the country from which access is made. In any case that payment can only be made in Euros at the exchange rate applicable at the time of payment.

9.2 Users are informed that there are some factors which can affect the prices, including:

  • brand geopricing policies (brands indicate variable prices to the Seller depending on the country where the Products are sold);
  • any customs duties, which will be borned by the Users;
  • type of Users. Customers who make purchases beyond a certain threshold (quantitative and/or price) may be entitled to special discounts;
  • sales, the duration of which may vary from country to country;
  • use of promotional codes;
  • shipping cost.

Users are informed that:

(a) shipments for orders over € 600.00 (six hundred) are free all over the world;

(b) shipments to Japan are free for orders over € 500.00 (five hundred). For all orders with a value below the aforementioned thresholds, the shipping costs (customs duties excluded) are as follows:

ALBANIA
€ 49,90
AUSTRALIA
€ 69,00
AUSTRIA
€ 24,00
BELGIUM
€ 24,00
BOSNIA HERZEGOWINA
€ 49,90
BULGARIA
€ 35,00
CANADA
€ 45,00
CANARY ISLAND
€ 39,90
CROATIA
€ 49,90
CYPRUS
€ 39,90
CZECH REPUBLIC
€ 29,90
DENMARK
€ 29,90
ESTONIA
€ 35,00
FINLAND
€ 35,00
FRANCE
€ 25,00
GERMANY
€ 24,00
GREAT BRITAIN
€ 29,90
GREECE
€ 39,90
HONG KONG
€ 20,00
HUNGARY
€ 35,00
ICELAND
€ 49,90
IRELAND
€ 35,00
JAPAN
€ 20,00
LATVIA
€ 35,00
LITHUANIA
€ 35,00
LUXEMBOURG
€ 24,00
MALTA
€ 39,90
NETHERLAND
€ 24,00
NORWAY
€ 39,90
POLAND
€ 35,00
PORTUGAL
€ 35,00
ROMANIA
€ 35,00
RUSSIAN FEDERATION
€ 59,90
SERBIA
€ 39,90
SLOVAKIA
€ 29,90
SLOVENIA
€ 35,00
SPAIN
€ 29,90
SWEDEN
€ 35,00
SWITZERLAND
€ 35,00
THAILAND
€ 69,00
TURKEY
€ 69,90
UKRAINE
€ 49,90
UNITED ARAB EMIRATES
€ 69,90
CINA
€ 69,00
SOUTH KOREA
€ 20,00
UNITED STATES
€ 10,00
ALL OTHER COUNTRIES
€ 145,00

Users are also informed that shipments are made with the DDP (Delivery Duty Paid) service throughout Europe, USA, South Korea, UK and Japan, while in countries other than those indicated, shipments are made with the DAP (Delivery At Place) service, for which the customs duties will be borne by the User.

9.3 The User may pay the Products by choosing from the methods indicated on the "Payment Methods" page accessible on the Website footer and/or during the Checkout phase. These methods include:

Credit cards. Payment for the Products can be made using the credit cards indicated on the "Payment Methods" page accessible via the footer of the Website and/or during the Checkout phase.

Cash on delivery (valid only for purchases made in Italy). Payment for Products purchased on the Website can be made upon delivery directly to the courier, using the "cash on delivery" or similar option. As required by law, payment can be made in cash, up to the maximum value permitted by law at the time of purchase or by cashier's check made out to the shipping company (Bartolini S.p.A.). Users are informed that cash on delivery has an additional cost of € 8.50. If the legal limit for cash payments is exceeded, the User is required to contact the Seller at the addresses referred to in art. 1.1, for instructions in this regard.

Bank transfer. Payment for Products purchased on the Website can be made by bank transfer to the coordinates that will be communicated to the User by e-mail. The User has to specify the order code in the bank transfer order. Users are informed that: (i) they must send a copy of the payment by e-mail to the address indicated in order@eleonorabonucci.com; (ii) if a copy of the payment is not received within 48 working hours of sending the Order Confirmation Communication, the order will be canceled; (iii) if within 7 days of sending the Order Confirmation Communication the payment relating to the order will not be credited to the Seller's bank account, the order will be considered as not made. Therefore, it is understood that the shipment of the Products is suspended until the Seller receives the Total Price on his bank account, as indicated in point (iii) above.

Third Party Payment Suppliers. The payment of the Products purchased on the Website can be made through third-party payment suppliers (such as, by way of example, Paypal, Alipay etc.). In such cases, the User will be redirected to the website and/or application of the third-party payment supplier where he/she will make the payment according to the procedures provided therein and based on the contractual conditions provided by this supplier.

Further methods indicated on the Website. In any case, the payment of the Products purchased on the Website may be made through any additional methods indicated by the Seller on the "Payment Methods" page accessible via the Website footer and/or in the Checkout phase.

Users are informed that the Data relating to payment transactions will not transit on the servers used by the Seller, and will only be processed by third parties in possession of adequate quality certifications.

Billing methods

9.4 The User may request the Seller the invoice for the amounts paid, by following the appropriate procedure during the Checkout phase or by e-mail to the address order@eleonorabonucci.com no later than 24 hours after receipt of the Order Confirmation Communication. Users are informed that any billing requests received after the deadline indicated above will not be accepted. The User is solely responsible for the correct insertion and/or correct communication of the billing data.

Art. 10 – Products shipment methods

10.1 The Seller undertakes to ship the purchased Products, by express courier, to the address indicated by the User in the order form, no later than 30 (thirty) days from the date of receipt by the User of the Order Confirmation Notice or, if later, from the date of receipt of payment by the Seller.

10.2 The User is expressly informed that delays may occur for reasons not attributable to the Seller, such as, by way of mere example: i) any customization of the Products; ii) delivery area; iii) unforeseeable circumstances and/or force majeure. In particular, Users are informed that, with reference to Products to be shipped in non-EU countries, it can be necessary more than 30 (thirty) days to deliver the Products, for reasons not attributable to the Seller. The Seller, in any case, undertakes to deliver the package to the courier within 5 (five) days from the date of receipt by the User of the Order Confirmation Notice or, if later, from the date of receipt of payment by the Seller.

10.3 If for any reason the Seller is unable to fulfill the delivery within the aforementioned terms, the Seller will contact the User asking him/her if he/she prefers to continue the purchase, setting a new delivery date, or withdraw from the Purchase Agreement.

10.4 The delivery shall be deemed to have taken place when the delivery receipt is signed at the shipping address provided by the User during the Checkout phase.

10.5 In the event that the courier employee does not find anyone at the delivery address indicated by the User during the Checkout phase, the Seller, directly or indirectly through the courier, will inform the User, who must contact the Seller to fix the date of another delivery. The User is informed that, in the event that the Product is returned to the Seller due to the impossibility of making the delivery, the Seller will deduct the shipping costs and any customs duties from the refund.

10.6 The User is informed that, in any case of delivery not made within the terms indicated by the Seller, before terminating the Purchase Agreement, must invite the Seller to make the delivery within an additional period appropriate to the circumstances. The User is informed that, in any case, delivery will be made exclusively to the address indicated during Checkout. The User has the right to not request the delivery within the additional period mentioned above, when: i) the Seller has expressly refused to ship the Products; ii) if the deadline for delivery, having regard to the circumstances that accompanied the conclusion of the Contract, was to be considered essential; iii) if the User has previously informed the Seller, by means of a notice sent to the addresses referred to order@eleonorabonucci.com, that the delivery deadline was to be considered essential.

10.7 The User is informed that, in order to limit the consequences of illegal conduct (e.g. identity theft), the following provisions will apply:

    (a) in the event that the User chooses a third-party payment suppliers (e.g. Paypal) and the delivery address chosen does not correspond to the address indicated at the aforementioned third-party payment services, the Seller will notify the User of this circumstance and the User may decide between the following alternatives: (i) use a different payment method; (ii) request a refund;

    (b) in the event that, in the Checkout phase, the method of payment by credit card is chosen, the Seller uses third-party services that report potentially fraudulent transactions. The Seller therefore reserves the right not to process orders for which it has received a potentially fraudulent transaction report.

Art. 11 - Right of withdrawal

11.1 The User has the right to withdraw from the Purchase Agreement, without any penalty and without specifying the reason, within 14 (fourteen) days from the date he/she has received the Products.

11.2 In case of multiple purchases made by the User with a single order and delivered separately, the term of 14 (fourteen) days starts from the date he/she has received the last Product.

11.3 In order to exercise the right of withdrawal the User must notify the Seller by means of an explicit declaration, which may be sent by registered letter with return receipt or by e-mail to the address returns@eleonorabonucci.com or to a different address that is subsequently communicated to the User by the Seller.

11.4 Below is the standard withdrawal form that the User can use to withdraw from the Purchase Agreement and send by email to returns@eleonorabonucci.com:

Seller details: Eleonora Bonucci S.r.l., Tax Code / VAT number 02025100567, with registered office in 01100 Viterbo (VT), Via dell’Industria SNC, e-mail: returns@eleonorabonucci.com, tel: 0039 0761398011

Hereby I (*)

I notify the withdrawal from my Purchase Agreement with order number (*)

Ordered on (*) and received on (*)

For the following Product (*) specify if one or more Products indicating code and size

By asking to receive either an exchange* (only the same exact model but different size specifying for which Product returned in case of multiple Products) or a refund (specify for which Products returned in case of multiple Products).

We would like to inform our customers that size exchanges are not authorized for Kids category items. However, the User can proceed with the refund request for the Kids items.

11.5 In case of exercising the right of withdrawal, the Consumer User is required to return the Products within 14 (fourteen) days from the day on which he/she communicated to the Seller his will to withdraw from the Purchase Agreement.

11.6 The Products must be returned to the Seller at the address indicated in art. 1.1 indicated above.

11.7 If the User complies with all the conditions set out in this art. 11, the shipping costs relating to the return of the Products will be borne by the Seller, with the exception of any customs duties.

11.8 The Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels and any documentation and accessory equipment: e.g. manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the Total Price paid by the User for the purchase of the Products subject to the withdrawal, within a maximum period of 14 (fourteen) days from when it receives the notice of withdrawal by the User. With reference to non-EU Users, it is specified that the reimbursement of the Total Price will not include shipping costs and any customs duties.

11.9 The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product, unless otherwise agreed upon between the Seller and the User.

11.10 The User is informed that the Seller may suspend the reimbursement until it has received the Products or the User proves that he/she has returned the Products to the Seller.

11.11 The Seller will make the refund using the same payment method chosen by the User during the purchase. The Seller may use a different means of payment only on condition that the User agrees to such change. In any case, Users are informed that in the event that, during the purchase phase, the payment was made by cash on delivery, the refund can only be made by bank transfer to the IBAN that the User will communicate to the Seller. Therefore, reimbursement by different methods is excluded (by way of example, reimbursement by prepaid cards).

11.12 If the methods, conditions and terms for exercising the right of withdrawal are not respected, as specified in this article, the User will not be entitled to receive a refund. In this case, the User will be able to get back, at his own expense, the Products in the state in which they were returned to the Seller. Otherwise, the Seller may withhold the returned Products, in addition to all the sums already paid by the User for this purchase.

11.13 However, the User is informed that the right of withdrawal for distance contracts is excluded in the following cases: (i) the supply of Products “tailor made” or clearly personalized; (ii) the supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery. Therefore, the User is informed that, in the event that one of the aforementioned hypotheses is applicable, it will not be possible to exercise the right of withdrawal.

Art. 12 - Warranties

12.1 For each Product purchased, the User will have the following warranty of conformity. The warranty applies to any lack of conformity that occurs within 24 (twenty-four) months from the date of delivery of the Product, In any case, the action to assert the defects is subject to a prescription period of 26 (twenty-six) months from the delivery of the Product. In the event of a lack of conformity, the User has the right to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or to terminate the Purchase Agreement. In any case, the User will remain the owner of the rights deriving from the warranty described above, regardless of the signing of other conventional, free or paid guarantees.

12.2 In any case, it is understood that the User will not be entitled to any type of warranty in relation to any Product or to any defective component if, unless otherwise provided and in compliance with the applicable law:

  • the Products have been repaired or altered by persons other than the manufacturer and/or the Seller or any other authorized person; and/or
  • the lack of conformity of the Product has occurred after the deadline of 24 (twenty-four) months from the delivery of the Product and/or the action is proposed after the prescription period of 26 (twenty-six) months from the delivery of the Product; and/or
  • the defects are due (in whole or in part) to misuse, improper use or storage or maintenance performed by persons other than the manufacturer, the Seller or any other authorized person - or without observing the instructions supplied with the delivered Product; and/or
  • the lack of conformity derives from instructions or materials provided by the User;
  • in returning the Products, the User has not complied with the return conditions provided for by art. 11.8.

12.3 The User is expressly informed and acknowledges that any and/or any further warranty borne by the Seller (such as, by way of example, commercial warranties) is excluded. In particular, the Seller does not warrant in any way that the Products on the Website are appropriate, lawful or usable in the User's countries (e.g. Products considered illegal for religious reasons). Users who access the Website are therefore invited to check in advance the possibility of lawfully purchasing and/or possessing the Products in their country. In the event of violation of local regulations, any liability of the Seller is immediately excluded.

Art. 13 - Limitations and exclusions of liability

13.1 To the maximum extent permitted by current legislation and without prejudice to the provisions of art. 12, any liability of the Seller connected or in any way deriving from a Purchase Agreement entered into with the User and/or from the use of the Services and/or features made available to the User through the Website is excluded.

13.2 Consequently, to the maximum extent permitted by current legislation and without prejudice to the provisions of art. 12, any and all right to indemnity, reimbursement or compensation for damages, direct and indirect, pecuniary and non-pecuniary, potential, current or future, to persons and/or things, connected or in any way deriving from a Purchase Agreement entered into with the User and/or from the use of the Services and/or features made available to the User through the Website, is excluded.

13.3 In any case - and without prejudice to the foregoing - any liability of the Seller will be limited to the purchase price of the Product in question.

13.4 Without prejudice to the foregoing, the Seller's liability is neither excluded nor limited in the following cases: i) cases of death or personal damage resulting from the Seller's negligence; ii) cases of fraud or fraudulent activity of the Seller; iii) any circumstance in which it is illegal or unlawful for the Seller to exclude, limit or try to limit or exclude its liability.

13.5 The Seller's liability is instead immediately and unavoidably excluded in cases where the non-compliance or delay in observing the obligations deriving, directly or indirectly, from these Conditions is attributable to unforeseeable circumstances, force majeure or to any other cause beyond the Seller's control (e.g. delays in delivery of goods due to epidemics, e.g. Covid-19).

Art. 14 - Suspension of the Services and Website functionalities

14.1 The Seller reserves the right to suspend, in whole or in part, with the exclusion of any reimbursement, indemnity, compensation, of any kind and nature, the User's access to the Services and to the Website in the following cases:

  1. changes, extraordinary interventions and/or maintenance to the Website and, in particular, to its Services and its functions, carried out directly or indirectly by the Seller;
  2. disputes and/or requests of any kind from the competent authorities (e.g. in compliance with the current provisions of Legislative Decree 70/2003, for “hosting” activities);
  3. disputes and/or violations by the User of the obligations deriving from these Conditions and, in particular, those deriving from articles 3 and 15;
  4. unforeseeable circumstances, force majeure or any other cause beyond the control of the Seller.

14.2 In any case of suspension of the User's access to the Services and features made available through the Website attributable to him/her, the Seller has the right to claim compensation for any damage caused to it.

Art. 15 - Intellectual property

15.1 The User acknowledges the Seller's exclusive ownership of Software.

15.2 The User expressly undertakes not to reproduce, even partially, modify, distribute, decompile, dispose of the Software in any way (whether free of charge or for consideration), or to distribute, disseminate or create Content based, in whole or in part, on the Software.

15.3 The Seller, in order to allow the User the access and use of the Services and the Website, grants to him/her a free, non-exclusive, personal and non-transferable license to use the Software. In any case, it’s understood that the User may not - under penalty of compensation for damages - copy, modify, create derivative works or in any way decompile the Software in order to obtain the source code, sell, assign, sublicense, confer or transfer to third parties any Right relating to the Software, nor to allow third parties to do so.

15.4 Without prejudice to the foregoing regarding the Software, the User acknowledges and accepts that any copyrights, registered trademarks and, more generally, any industrial and/or intellectual property right, relating to the materials and/or Contents present on the Website are owned by the Seller and/or those who have granted the Seller adequate licenses for their use. The User may, therefore, use such material and/or Contents only with the express written authorization of the legitimate owners and within the limits thereof.

Art. 16 - Indemnity

The User - without prejudice to the Seller's right to claim compensation for any damage caused to it - declares and warrants to indemnify and hold harmless the Seller, as well as the subjects connected to it or controlled by it, its representatives, employees, partners from any and all harassment, disturbance, claim or legal action, initiated or threatened, by other Users or third parties deriving from the non-fulfillment of the contractual obligations provided for in these Conditions and, in particular, those deriving from articles 3 and 15.

Art. 17 - Privacy

17.1 The personal data transmitted by one Party to the other in compliance with these Conditions will be used by the receiving Party, in compliance with current legislation, for purposes strictly connected and instrumental to the execution of this contractual relationship and/or to fulfill legal obligations (e.g. billing). Each Party agrees and warrants that such Data can be processed and stored in compliance with the aforementioned purposes.

17.2 For more information regarding the processing of personal data, the User is invited to carefully read the Privacy Policy available on the Website.

Art. 18 - Miscellaneous

18.1 These Conditions contain in their entirety the agreements between the Parties and cancel and replace any previous agreement on the same subject. Any agreement added to or modifying what is contained herein must be formulated in writing by the Parties and signed by them.

18.2 It’s understood that if any clause or part thereof is null and void this will not lead to the entire Conditions or the remainder of the said clause becoming null and void or being terminated.

18.3 Any failure by the Seller to exercise the rights and powers deriving from these Conditions does not in any way constitute a waiver of the same, having to be considered as an act of mere tolerance.

18.4 These Conditions do not determine corporate or associative ties between the Parties and do not imply any relationship of representation between them, so no Party will have the right to act in the name and on behalf of the other Party.

18.5 The Seller reserves the right to transfer and/or assign this Agreement, in whole or in part (including individual rights or obligations), for any reason, as long as the User's rights provided herein are not affected. The User may not transfer and/or assign this Agreement and/or the Purchase Agreements, in whole or in part (including individual rights or obligations), for any reason, without the prior written consent of the Seller. Any transfer that occurs without the prior written consent of the Seller will be void.

18.6 Unless otherwise specified, any communication between the Parties regarding these Conditions must be made in writing and will be considered effectively and validly executed if received: (i) from the Seller to the addresses, including e-mails, indicated in art. 1.1 or to any different contact details that the Seller will communicate to the User; (ii) by the User to the addresses, including e-mail addresses, communicated by the User during the Registration phase and possibly modified through his/her Account.

Art. 19 - Governing law and exclusive jurisdiction

19.1 Except for the application of any mandatory provisions of law for Users of other countries, these Conditions are governed by Italian law.

19.2 Without prejudice to the application of any mandatory provisions of law, for any dispute relating to the validity, existence, effectiveness, interpretation, execution, resolution of these Conditions and, in particular, deriving from or connected with each Purchase Agreement, as well as relating to navigation on the Website by the User or the use of any Service and/or functionality made available to the User through the Website, the court of Viterbo (VT) will have exclusive jurisdiction.

19.3 The User residing in Italy is hereby informed that, for the disputes indicated above, it is also possible to optionally use the mediation procedures referred to in Legislative Decree 28/2010.

19.4 The User residing in a country of the European Union is also informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User in a non-judicial way for any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online. Below is the link for accessing the platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

Last modification date: May 30, 2022