TERMS AND CONDITIONS OF WWW.CONCIATORIEBASSANI.COM
These Terms govern.
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 a relationship of employment, agency, or association between the parties involved.
This Web Site is a service of:
Bassani Simone
Via Ugo Foscolo, 2 - 20025 Legnano - Milan - Italy
VAT No. IT08337550969
Tax Code BSSSMN71C29E514W
R.E.A. of Milan No. MI-2018691
Holder's email address: info@conciatoriebassani.com
"This Web Site" refers to.
TO KNOW AT A GLANCE
TERMS OF USE
Unless otherwise specified, the terms of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated in this document.
By using this Web Site you represent that you meet the following requirements:
REGISTRATION
To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
It is not possible to use the Service without opening a User account.
It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Web Site.
By creating an account, the User agrees to be fully responsible for any activity performed with his/her login credentials. Users are required to notify the Controller immediately and unambiguously via the contact information provided in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.
REQUIREMENTSFOR REGISTRATION.
Registration of a User account on this Web Site is subject to the conditions specified below. By registering an account, the User confirms that he or she meets these conditions.
ACCOUNT CLOSURE
You are free to close your account and cease using the Service at any time by following this procedure:
However, closure of the User account will be suspended until the expiration of any paid subscription services purchased by the User.
ACCOUNT SUSPENSION AND DELETION
The Owner reserves the right to suspend or delete 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 deletion of the account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.
CONTENT ON THIS WEBSITE
Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.
RIGHTS TO THE CONTENTS OF THIS WEBSITE
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not allowed to use the content in any way that is not necessary for or implied by the proper 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, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
ACCESS TO EXTERNAL RESOURCES
Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.
ADMITTED USE.
This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation, or the rights of any third party.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User puts in place or there is a suspicion that it puts in place:
SOFTWARE LICENSE
Any intellectual or industrial property rights, as well as any other exclusive rights existing in the software or technology integrated in or related to this Web Site are held by the Owner and/or its licensor.
Subject to User's compliance with these Terms and notwithstanding any divergent provisions contained herein, Holder grants Users a revocable, non-exclusive non-transferable and non-sublicensable license to use the software and/or technology embedded in the Service within the framework and for the purposes of this Web Site and the Service offered.
The license does not include any right of access to, use of, or disclosure of 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 grant of rights and licenses to the User shall cease with immediate effect in the event of termination or expiration of the Agreement.
Notwithstanding the foregoing, 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 Web Site.
The Owner reserves the right to release updates, corrections or further developments to this Web Site and/or related software. Users may be required to download and install such updates in order to continue using this Web Site and/or related software.
However, in order to have access to completely new versions of the software, Users may have to purchase a dedicated license separately.
Users can download, install and use the software on a device.
Notwithstanding the foregoing, User agrees to immediately delete any copy of the software upon the expiration of the license under which such software was provided to User.
TERMS AND CONDITIONS OF SALE
PAID PRODUCTS
Some of the Products offered on this Web Site as part of the service are chargeable.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.
To purchase Products, the User is required to register or log in to this Web Site.
PRODUCT DESCRIPTION
Prices, descriptions, and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.
Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase process.
PURCHASING PROCEDURE
Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchasing procedure includes the following steps:
To place an order, Users are required to accept these Terms and use the respective button or mechanism on this Web Site, thereby, committing to pay the agreed price.
SENDING THE ORDER
Sending the order entails the following:
All notifications regarding 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 prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Web Site:
PROMOTIONS AND DISCOUNTS
The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Web Site.
Promotions and offers are always granted at the sole discretion of the Holder.
Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.
As applicable, discounts and promotions are valid for a specific time period or while supplies last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder's location as indicated in the contact information in this document.
GOOD
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate fora, including the courts, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
MEANS OF PAYMENT
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.
All payments are handled independently by third-party services. Therefore, this Web Site does not collect payment-related data - such as credit card numbers - but receives a notification once the payment is successful. To receive more information about the processing of personal data and related rights, the User may refer to the privacy policy of this Web Site.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. In the event that the payment fails, the Holder reserves the right to claim reimbursement of any related expenses or damages from the User.
RESERVATION OF PROPERTY
Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.
RESERVATION OF RIGHTS OF USE
Until the Holder receives payment of the full purchase price, the User does not acquire the rights to use the Products ordered.
DELIVERY
DELIVERY OF DIGITAL CONTENT
Unless otherwise specified, digital content purchased on this Web Site is delivered via download to the device(s) you choose.
Users acknowledge and agree that in order to download and/or use the Product, it is possible that the device(s) chosen may have to meet the technical requirements stated on this Web Site.
Users acknowledge and agree that the ability to download purchased Product may be limited in time and space.
SERVICE DELIVERY
The service purchased will be performed or made available at the times indicated on this Web Site or in the manner communicated prior to placing the order.
USER RIGHTS
RIGHT OF WITHDRAWAL
Unless an exception applies, the User may enjoy 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 about the right of withdrawal in this section.
ON THIS WEBSITE THERE IS NO RIGHT OF WITHDRAWAL
Users acknowledge and accept that there is no right of withdrawal from contracts concluded on this Web Site 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 unequivocal 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 unequivocal 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?
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 shall 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 receipt 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.
DIREITOS DO USUÁRIO BRASILEIRO
DIREITO DE ARREPENDIMENTO
Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste documento e de acordo com as orientações desta seção.
EXERCÍCIO DO DIREITO DE ARREPENDIMENTO
Para exercer o direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção "definições" deste documento. No entanto, os usuários são livres para expressar sua vontade de rescindir o contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar o prazo estabelecido para o exercício de tal direito, os Usuários devem enviar o aviso de arrependimento antes do fim do prazo. Quando termina o prazo de arrependimento?
EFEITOS DO ARREPENDIMENTO
Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por todos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.
No entanto, não serão reembolsados quaisquer custos adicionais resultantes da escolha de um método de entrega específico que não seja o tipo de entrega padrão mais barato oferecido pelo Proprietário.
Este reembolso será realizado sem demora injustificada e no prazo máximo de 14 (catorze) dias, a contar do dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra forma com o Usuário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processar a transação inicial. O Usuário não incorrerá em quaisquer custos ou taxas em razão de tal reembolso.
...NA COMPRA DE PRODUTOS FÍSICOS
Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário ou a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data da comunicação da decisão de rescisão do contrato.
O prazo terá sido cumprido se o produto for entregue ao transportador ou devolvido, conforme indicado acima, antes do fim do prazo de 14 (catorze) dias estipulado para a devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.
Os Usuários só serão responsáveis pela redução do valor dos produtos que resulte do manuseio além do necessário para a garantia de sua natureza, características e funcionamento.
Os custos de de devolução dos produtos serão arcados pelo Proprietário.
LIMITATION OF LIABILITY AND INDEMNITY
Except where otherwise specified or agreed with Users, Holder's liability for damages related to the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
MANLEVA
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees to the fullest extent of the law from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, incurred in connection with the use of the Service and chargeable to the User, its affiliates, officers, agents, brand co-owners, partners, and employees, in negligence.
LIMITATION OF LIABILITY FOR USER'S ACTIVITIES ON THIS WEBSITE
Except where otherwise specified and subject to applicable provisions of law, any claim for damages against the Holder (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User's use of this Web Site has been fit and proper.
Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, to the extent stated above, the Holder assumes no responsibility for:
Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers:
In the event of the Holder's liability, the compensation due may not exceed the total amount of payments that have been, will be, or may be contractually due to the Holder from the User for a period of 12 months or for the entire term 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 You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that 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 the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Holder's option, to a re-supply of the Services or payment of the cost of re-supplying them.
US USERS
WARRANTY EXCLUSION
The Owner provides this Web Site "as is" and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be 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 your 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 resulting from such operation or your use of the Service.
The Owner does not guarantee, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or 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 in this Agreement apply to the extent provided by law.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the User was advised of the possibility of the occurrence of such damage.
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 that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
MANLEVA
User agrees to defend, indemnify, and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from
COMMON PROVISIONS
NO IMPLIED WAIVER
The Holder's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other claim.
SERVICE INTERRUPTION
To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or completely cease operation of the Service. In the event of discontinuation of the operation of the Service, the Owner will endeavor to ensure that Users are able to extract their Personal Data and information and will respect the rights of Users relating to continued use of the product and/or compensation as provided by law.
In addition, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g. infrastructural malfunctions, power outages etc.).
RESALE OF THE SERVICE
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either 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 Web Site.
INTELLECTUAL PROPERTY
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks - denominative or figurative - and any other distinctive signs, firms, service marks, illustrations, images or logos that appear in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
CHANGES IN TERMS
The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users.
Changes will take effect in the relationship with the User only from the time communicated to the User.
Continued use of the Service implies User's acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service and may terminate the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. Such version can be requested from the Owner.
If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.
EXCEPTION FOR CONSUMERS IN FRANCE
Notwithstanding the foregoing, any changes to these Terms will be communicated in writing at least one month before they become effective. If the Consumer (acting as such in France) does not accept the modified Terms, he/she shall have the right to terminate the Agreement without prejudice and without any right to compensation within four months from the date on which the modifications to the Terms became effective.
ASSIGNMENT OF CONTRACT
Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions regarding modification 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.
CONTACTS
All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.
SAFEGUARD CLAUSE
If any of the provisions of these Terms should be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.
US USERS
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and shall prevail over all other communications, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms shall be enforced to the fullest extent permitted by law.
EUROPEAN USERS.
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to identify amicably a valid and effective provision to replace the void, invalid, or ineffective provision.
In the event of failure to agree within the aforementioned time limits, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be superseded by the applicable statutory provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.
APPLICABLE LAW
The Terms are governed by the law of the place where the Owner is established, as set forth 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 where the User is located provides for a higher level of consumer protection, that higher level of protection shall prevail.
JURISDICTION
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth 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.
UNITED KINGDOM CONSUMERS
Consumers based in England and Wales may bring an action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland may bring an action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring an action in relation to these Terms in the courts of Northern Ireland or England.
US USERS
Each party expressly waives any right to a jury trial in any court in connection with any action or dispute.
Any claim under these Terms must be brought individually and no party shall participate in any class action or other proceeding with or on behalf of any other party.
DISPUTE RESOLUTION
AMICABLE SETTLEMENT OF DISPUTES
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
Although this is without prejudice to Users' right to bring an action in court, in the event of a dispute concerning the use of this Web Site or the Service, Users are requested to contact the Owner at the contact details set out in this document.
The User may direct a complaint to the Holder's e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.
The Holder 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 to facilitate out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
DEFINITIONS AND LEGAL REFERENCES
THIS WEBSITE (OR THIS APPLICATION)
The structure that enables the provision of the Service.
AGREEMENT
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
BRAZILIAN (OR BRAZILIAN)
It applies when the User, regardless of nationality, is in Brazil.
BUSINESS USER
Any User who does not meet the definition of a 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.
INCUMBENT (OR WE)
Denotes the natural or legal person who provides this Web Site and/or offers the Service to Users.
PRODUCT
A good or service available through this Web Site, such as a tangible good, digital files, software, reservation services etc., and any other type of product defined separately herein, such as Digital Products.
SERVICE
The service offered through this Web Site as described in the Terms and on this Web Site.
TERMS
All terms and conditions applicable to the use of this Web Site and/or the provision of the Service as described herein as well as in any other document or agreement related thereto, in its most current version, respectively.
UNITED KINGDOM (OR UK)
It applies when the User, regardless of nationality, is in the United Kingdom.
USER (OR YOU)
Denotes any natural person using this Web Site.
CONSUMER
Any User considered to be such under applicable law shall be considered a Consumer.