Terms and Conditions

TERMS AND CONDITIONS OF WWW.CONCIATORIEBASSANI, COM

These Terms govern

  • the use of this Website and
  • any other Agreement or legal relationship with the Data Controller

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

Nothing in these Terms gives rise to an employment relationship, agency or association between interested parties.

This Website is a service of:

Bassani Simone
Via Ugo Foscolo, 2 - 20025 Legnano - Milan - Italy
VAT number IT08337550969
Tax Code BSSSMN71C29E514W
R.E.A. of Milan n. MI-2018691

Email address of the Data Controller: info@conciatoriebassani.com

“This Website” refers to

  • this site, including the related subdomains and any other site through which the Data Controller offers the Service;
  • applications for mobile devices, tablets or similar;
  • the application program interfaces (API);
  • the Service;
  • any software included as a component of the Service, as well as any application, template file, content file, script, source code, instruction set and related documentation;

THINGS TO KNOW AT A GLANCE

  • 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 relevant clause. If not mentioned, the clauses apply to all Users.
  • The use of this Website and the Service is reserved for adult Users in accordance with applicable law.
  • Access to this Website and the use of the Service by minors is permitted only under the supervision of their parents or guardians.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

  • There are no restrictions on Users with respect to whether they are Consumers or Professional Users;
  • The User is of legal age under applicable law;
  • The use of this Website by minors is allowed only under the supervision of their parents or guardians;
  • The User is not located in a country subject to a government embargo by the United States of America or in a country included in the list of states that sponsor terrorism by the Government of the United States of America;
  • The User is not included in any list of contractors not allowed by the Government of the United States of America;

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 not possible to use the Service without opening a User account.

It is the responsibility of Users to keep their login credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials. Users are required to immediately and unambiguously inform the Data Controller through the addresses indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, has been violated, unlawfully disseminated or stolen.

REGISTRATION REQUIREMENTS

The 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.

  • The opening of accounts through bots or other automated means is not allowed.
  • Unless otherwise specified, each User can create only one account.
  • Unless expressly permitted, a User's account cannot be shared with other people.

ACCOUNT CLOSURE

The User is free to close their account and cease using the Service at any time, following this procedure:

  • By contacting the Data Controller at the addresses in this document.

However, the closure of the User account will be suspended until the expiry of any paid subscription services purchased by the User.

ACCOUNT SUSPENSION AND CANCELLATION

The Owner reserves the right to suspend or cancel a User's account at any time at its own discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may apply.

CONTENTS ON THIS WEBSITE

Unless otherwise specified or clearly recognizable, all content available on this Website is the property of or provided by the Owner or its licensors.

The Data Controller takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or the rights of third parties. However, it is not always possible to achieve such a result.
In such cases, without prejudice to the legally enforceable rights and claims, Users are requested to address the relevant complaints to the addresses specified in this document.

RIGHTS TO THE CONTENTS OF THIS WEBSITE

The Data Controller expressly holds and reserves all intellectual property rights on the above-mentioned 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 exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sub-licenses, transforming, transfering/alienating to third parties or creating 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 attribution of the authorship of the work and the indication of any other relevant circumstance requested by the Owner is observed.

The limitations and exclusions provided for by copyright law remain unaffected.

ACCESS TO EXTERNAL RESOURCES

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Data Controller has no control over these 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 concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

ACCEPTED USE

This Website and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and in accordance with applicable law.

It is the User's sole responsibility to ensure that the use of this Website and/or the Service does not violate the law, regulations or the rights of third parties.

Therefore, the Data Controller reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, to terminate contracts, to report any censorable activity carried out through this Website or the Service to the competent authorities — for example the judicial or administrative authority — whenever the User implements or suspects:

  • violations of laws, regulations and/or the Terms;
  • harm to the rights of third parties;
  • acts that may considerably affect the legitimate interests of the Data Controller;
  • offenses against the Data Controller or a third party.

SOFTWARE LICENSE

Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to this Website is 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 or non-transferable license to use the software and/or technology integrated into the Service within the framework and for the purposes of this Website and the Service offered.

The license does not include any right to access, use, or disclose the original source code to the User. The techniques, algorithms and procedures contained in the software and 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 upon termination or expiration of the Agreement.

Notwithstanding the above, under this license, the User may download, install, use and operate the software on the permitted number of devices provided that such devices meet the technical requirements specified in the respective section of this Website.

The Data Controller reserves the right to release updates, corrections or further developments to this Website and/or related software. Users may be required to download and install these updates in order to continue to use this Website and/or related software.

However, in order to have access to completely new versions of the software, Users may need to purchase a dedicated license separately.

Users can download, install and use the software on a device.

Notwithstanding the foregoing, the User undertakes to immediately delete any copy of the software upon the expiry of the license with which such software was provided to the User.

TERMS AND CONDITIONS OF SALE

PAID PRODUCTS

Some of the Products offered on this Website as part of the service are subject to payment.

The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

To purchase the Products, the User is required to register or log in to 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 greatest technically possible accuracy, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

PURCHASE PROCEDURE

Every phase, from the choice of the product to the placing of the order, is part of the purchase process.
The purchase process includes the following steps:

  • When choosing the product on the purchase page on the website www.conciatoriebassani.com, users will be directed to the secure page of the FastSpring merchant's e-commerce server where they can complete the purchase process.
  • Users are requested to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.
  • Users can control their choice, modify, add or remove items.
  • Users will be required to specify their billing address, contact details and a payment method of their choice.
  • During the purchase process, Users may, at any time, modify, correct or replace the information provided or cancel the purchase process altogether without any consequence.
  • After providing all the requested information, Users are requested to check the order carefully and can then proceed to checkout.

To place the order, Users are required to accept these Terms and to use the respective button or mechanism on this Website, thus undertaking to pay the agreed price.

SENDING THE ORDER

Sending the order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and gives rise to the User's obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
  • In the event that the purchased Product requires action on the part of the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User's obligation to collaborate accordingly.
  • Once the order has been placed, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase process described above will be sent to the email address provided by the User for this purpose.

PRICES

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.

The prices on this Website:

  • are indicated net of applicable commissions, 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 Data Controller.

Repeated or periodic promotions or discounts do not constitute any claim or right that can be enforceable by Users in the future.

Depending on the case, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, the time restrictions for promotions and discounts are understood to refer to the time zone of the Data Controller'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 his contractual obligations and expressly reserves the right to act in appropriate places, including judicial authorities, in order to protect his rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers indicated on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions.

Unless otherwise specified, the following rules apply to the use of Vouchers:

  • Each Voucher is valid only if used in the manner and for the period of time specified on the website and/or on the Voucher;
  • The Voucher can only be redeemed in full at the time of purchase - partial use is not allowed;
  • Unless otherwise specified, Single-Use Vouchers can only be redeemed once per purchase and can therefore be redeemed only once even in the case of installment purchases;
  • Vouchers are not cumulative;
  • The Voucher must be used within the specified period of validity. Once the deadline has expired, the Voucher will be automatically canceled. 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 if there is 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 marketing of the Voucher are strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.

MEANS OF PAYMENT

The details relating to the accepted means of payment are highlighted during the purchase process.

Some payment methods are linked to additional conditions or involve additional costs. The detailed information is set out 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. To receive more information on the processing of personal data and related rights, the User can refer to the privacy policy of this Website.

In the event that the payment made with one of the available means fails or is refused by the payment service provider, the Data Controller is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to reimburse any related expense or damage.

RETENTION OF OWNERSHIP

Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

RESERVATION OF RIGHTS OF USE

Until payment of the full purchase price is received by the Owner, the User does not purchase the rights to use the Products ordered.

DELIVERY

DELIVERY OF DIGITAL CONTENT

Unless otherwise specified, the digital content purchased on this Website is delivered by download to the device or devices chosen by the User.

Users acknowledge and accept that, in order to download and/or use the Product, it is possible that the device or devices chosen must meet the technical requirements indicated on this Website.

Users acknowledge and accept that the possibility of downloading the purchased Product may be limited in time and space.

PROVISION OF SERVICES

The service purchased will be executed or made available within the times indicated on this Website or in the manner communicated before placing the order.

USER RIGHTS

RIGHT OF WITHDRAWAL

Unless an exception occurs, the User 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 more information on the right of withdrawal in this section.

THERE IS NO RIGHT OF WITHDRAWAL ON THIS WEBSITE

Users acknowledge and accept that there is no right to withdraw from contracts concluded on this Website by virtue of the particular characteristics of the offer.

UK USER RIGHTS

RIGHT TO CANCEL

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

EXERCISING THE RIGHT TO CANCEL

To exercise their right to cancel, Users must send to the Owner an unambiguous statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unambiguous statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

  • Regarding the purchase of goods, The cancellation period expires 14 days after the day on which the User or a third party — other than the carrier and designated by the User — takes physical possession of the goods.
  • Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party — other than the carrier and designated by the User — acquires physical possession of the last good, lot or piece.

EFFECTS OF CANCELLATION

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

... ON THE PURCHASE OF PHYSICAL GOODS

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

BRAZILIAN USER RIGHTS

RIGHT OF REPENTANCE

Unless an applicable exception is stipulated below, Consumer Users in Brazil will have the legal right of cancellation in accordance with Brazilian law. This means that the Consumer has the right to terminate online contracts (distance contracts or contracts concluded outside the commercial establishment) for any reason and without justification, within 7 (seven) days from the date of the conclusion of the contract or the receipt of the product or service. Users who do not qualify as Consumers cannot benefit from the rights established in this section. The right of cancellation may be exercised by the Consumer through the contact channels indicated at the beginning of this document and in accordance with the guidelines in this section.

EXERCISE OF THE RIGHT OF REPENTANCE

To exercise the right of cancellation, Users must send the Owner an unambiguous statement of their intention to terminate the contract. To this end, Users may use the cancellation form template available in the “settings” section of this document. However, users are free to state their desire to terminate the contract by making an unequivocal statement by any suitable means. To respect the deadline established for the exercise of this right, Users must send the notice of regret before the end of the deadline. When does the deadline for repentance end?

  • In connection with the purchase of products, the cancellation period is 7 (seven) days after the date of receipt of the product by the User or a third party designated by the User other than the carrier.
  • In the case of the purchase of multiple products that have been purchased together but delivered separately, or in the case of the purchase of a single product consisting of several lots or pieces delivered separately, the cancellation period is 7 (seven) days after the date of receipt of the last product, batch or piece by the User or a third party designated by the User other than the carrier.

EFFECTS OF REGRET

Users who correctly terminate a contract will be reimbursed by the Owner for all the payment made to the Owner, including, if any, those that cover the delivery costs.

However, any additional costs that result from the choice of a specific delivery method other than the cheapest standard delivery type offered by the Owner will not be reimbursed.

This refund will be made without undue delay and within a maximum period of 14 (fourteen) days, starting from the day on which the Owner was informed of the User's decision to terminate the contract or the actual return of the product, whichever occurs last. Unless otherwise agreed with the User, refunds will be made using the same payment method used to process the initial transaction. The User will not incur any costs or fees as a result of such reimbursement.

... WHEN BUYING PHYSICAL PRODUCTS

Unless the Owner has made himself available to collect the products, Users must return or hand them over to the Owner or to a person authorized by him to receive the products, without undue delay and within 14 (fourteen) days from the date of communication of the decision to terminate the contract.

The deadline has been met if the product is delivered to the carrier or returned, as indicated above, before the end of the 14 (fourteen) day deadline stipulated for the return. The refund may be withheld until the products are received or until Users provide proof of the return, whichever occurs first.

Users will only be able to reduce the value of the products resulting from handling beyond what is necessary to guarantee their nature, characteristics and operation.

The costs of returning the products will be covered by the Owner.

LIMITATION OF LIABILITY AND INDEMNITY

Unless otherwise specified or agreed with the Users, the Controller's liability for damages related to the execution of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

INDEMNITY

The User undertakes to release and hold harmless the Owner and its subordinates, affiliates, officers, agents, joint owners of the brand, partners and employees to the extent of the law from any claim or demand - including, without limitation, legal burdens and expenses - made by third parties due to or in connection with behavior in violation of these Terms, third party rights or law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, joint owners of the brand, partners and employees, by way of fault.

LIMITATION OF LIABILITY FOR USER ACTIVITIES ON THIS WEBSITE

Unless otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Data Controller (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the liability of the Data Controller for death, personal injury or physical or mental integrity, damages deriving from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or damages caused by intent or gross negligence, provided that the use of this Website by the User has been suitable and correct.

Unless the damages were caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Data Controller is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits set out above, the Data Controller assumes no responsibility with regard to:

  • damage or loss deriving from interruptions or malfunctions of this Website due to force majeure or unforeseen and unpredictable events and, in any case, independent of the will and beyond the control of the Data Controller, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of third party products, services or applications;
  • any losses that are not a direct consequence of a violation of the Terms by the Data Controller;
  • any lost profits or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc. );
  • Damage, prejudice or loss due to viruses or other malware contained in or connected to files downloadable from the Internet or through this Website. Users are responsible for adopting appropriate security measures - such as antiviruses - and firewalls to prevent any infections or attacks and to protect backup copies of all data and/or information exchanged or uploaded to this Website.

Notwithstanding the foregoing, the following restrictions apply to all Users who are not acting as Consumers:

In the event of the Controller's liability, the compensation due cannot exceed the total amount of payments that were, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.

AUSTRALIAN USERS

LIMITATION OF LIABILITY

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new provision of the services or to the payment of the cost for the repetition of their provision.

USE USERS

WARRANTY DISCLAIMER

The Data Controller provides this Website “as is” and subject to availability. The use of the Service is at the User's own risk. To the maximum extent permitted by law, the Data Controller expressly excludes conditions, agreements and guarantees 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-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document

Notwithstanding the foregoing, the Owner and its agents, affiliates, officers, agents, joint brand owners, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or the User's use of the Service.

The Data Controller does not guarantee, approve, ensure or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service connected through a hyperlink. Furthermore, the Data Controller 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 work properly with the User's browser, device and/or operating system. The Data Controller cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.

Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions provided for in this Agreement apply to the extent permitted by law.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, under no circumstances can the Owner and its subordinates, affiliates, officers, agents, joint owners of the brand, partners, suppliers and employees be held responsible for

  • any indirect, intentional, collateral, particular, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, deriving from or relating to the use, or the 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 User account or the information contained therein;
  • any error, lack or inaccuracy in the contents;
  • personal injury or material damage, of any nature, deriving from the User's access or use of the Service;
  • any unauthorized access to the Data Controller's security servers and/or to any personal information stored there
  • any interruption or cessation of transmissions to or from the Service;
  • any bugs, viruses, trojans, or the like that may be transmitted to or through the Service;
  • any error or omission in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
  • the defamatory, offensive or illegal conduct of any User or third party. Under no circumstances can the Owner and its subordinates, affiliates, officers, agents, joint brand owners, partners, suppliers and employees be held responsible for any claim, proceeding, liability, obligation, damage, loss or cost for an amount greater than that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on the limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability derives from contract, tort, negligence, strict liability or any other basis, even if the User 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 the User. These Terms give the User specific legal rights, and the User may have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions, or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.

INDEMNITY

The User undertakes to defend, hold harmless and hold harmless the Owner and its subordinates, affiliates, officers, agents, joint brand owners, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, legal charges and expenses deriving from

  • the use or access to the Service by the User, including any data or content transmitted or received by the User;
  • the violation of these Terms by the User, including, but not limited to, any violation by the User of any representation or warranty provided by these Terms;
  • the violation by the User of any third party right, including, but not limited to, any right related to privacy or intellectual property;
  • the violation by the User of any law, rule or regulation in force
  • any content sent from the User's account, including, by way of example but not limited to, misleading, false or inaccurate information and also including the case where the access is made by third parties 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, joint brand owners, partners, suppliers and employees, to the extent permitted by applicable law

COMMON PROVISIONS

NO IMPLICIT WAIVER

The Data Controller's failure to exercise legal rights or claims deriving from these Terms does not constitute a waiver of them. No waiver can be considered definitive in relation to a specific right or any other right.

INTERRUPTION OF SERVICE

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other change, giving appropriate notice to Users.

Within the limits of the law, the Data Controller reserves the right to suspend or completely cease the activity of the Service. In the event of the termination of the activity of the Service, the Data Controller will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Data Controller, such as force majeure (e.g. infrastructure malfunctions, blackouts, etc.).

RESALE OF THE SERVICE

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

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, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under international laws and treaties applicable to intellectual property.

All trademarks - denominative or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected by international laws and 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 Data Controller will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only as from the moment communicated to the User.

Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Data Controller.

If required by law, the Data Controller will notify Users in advance of the effective date of the modified Terms.

EXCEPTION FOR CONSUMERS IN FRANCE

Notwithstanding the foregoing, any change to these Terms will be notified in writing at least one month before it becomes effective. If the Consumer (acting as such in France) does not accept the modified Terms, he will have the right to withdraw from the Agreement without suffering any prejudice and without any right to compensation within four months from the date on which the changes to the Terms became effective.

ASSIGNMENT OF THE CONTRACT

The Data Controller reserves the right to transfer, assign, dispose of, novate or contract individuals or all of the rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions relating to the amendment 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 regarding the use of this Website must be sent to the addresses indicated in this document.

SAFEGUARD CLAUSE

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, and therefore remain valid and effective.

USE USERS

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with the original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.

EUROPEAN USERS

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 invalid, invalid or ineffective provision.
If there is no agreement within the above terms, if permitted or required by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal framework.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not imply the invalidity 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 place an excessive and unacceptable burden on one of the parties.

APPLICABLE LAW

The Terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document regardless of conflict rules.

PREVALENCE OF NATIONAL LAW

However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, that higher level of protection prevails.

COMPETENT COURT

The exclusive competence to hear any dispute deriving from or in connection with the Terms lies with the judge of the place where the Data Controller is established, as indicated in the relevant section of this document.

EXCEPTION FOR CONSUMERS IN EUROPE

The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

UK CONSUMERS

Consumers based in England and Wales may bring legal action in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal action in connection with these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring legal action in connection with these Terms in the courts of Northern Ireland or England.

USE USERS

Each party expressly waives any right to a trial before a jury, in any court, in connection with any action or dispute.
Any claim under these Terms must be brought individually and no party must participate in a class action or other proceeding with or on behalf of others.

DISPUTE RESOLUTION

AMICABLE SETTLEMENT OF DISPUTES

Users can report any disputes to the Data Controller, who will try to resolve them amicably.

Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Data Controller at the addresses indicated in this document.

The User can direct a complaint to the email address of the Data Controller indicated in this document, including a brief description and, if appropriate, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of its receipt.

CONSUMER DISPUTE RESOLUTION PLATFORM

The European Commission has introduced an online platform for alternative dispute resolution that favors the extrajudicial settlement of disputes relating to and deriving from online sales and service contracts.

Therefore, any European Consumer or based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes deriving from contracts concluded online. The platform is available here.

DEFINITIONS AND LEGAL REFERENCES

THIS WEBSITE (OR THIS APPLICATION)

The structure that allows the provision of the Service.

ACCORD

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

BRAZILIAN (OR BRAZIL)

It applies when the User, regardless of nationality, is in Brazil.

BUSINESS USER

Any User that does not meet the definition of Consumer.

GOOD

Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

EUROPEAN (OR EUROPE)

It applies when the User, regardless of nationality, is in the European Union.

OWNER (OR US)

Indicates the natural or legal person that provides this Website and/or offers the Service to Users.

PRODUCT

A good or service available through this Website, such as a material asset, digital files, software, booking services, etc., and any other type of product defined separately in this document, such as Digital Products.

SERVICE

The service offered through this Website as described in the Terms and on this Website.

TERMS

All the conditions applicable to the use of this Website and/or the provision of the Service as described in this document and in any other document or agreement linked to it, in the most updated version respectively.

UNITED KINGDOM (OR UK)

It applies when the User, regardless of nationality, is in the United Kingdom.

USER (OR YOU)

Indicates any natural person who uses this Website.

CONSUMER

Any User considered to be such under applicable law applies as a Consumer.