These Terms govern.
In a binding way. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Application is:
VIA MINCIO. 2
37060 LUGAGNANO DI SONA (VR) – EN
Recipient Code: KOROACV
SDI ID: 8063699858
Holder’s email address: firstname.lastname@example.org
Additional conditions of use or access applicable in particular situations are expressly stated in this document.
By using this Application you represent that you meet the following requirements:
To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain functions may not be available.
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 Application.
By creating an account, the User agrees that he/she is fully responsible for any activity carried out 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.
You are free to close your account and cease using the Service at any time by following this procedure:
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.
Except where otherwise noted or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application 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.
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 Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.
The limitations and exclusions provided by copyright law remain unaffected.
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over these 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.
This Application 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 Application 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 Application or the Service, terminate contracts, report any censorious activity carried out through this Application 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:
Some of the Products offered on this Application 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 Application.
Prices, descriptions, and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented as accurately as technically possible, the representation on this Application 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.
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchase procedure includes the following steps:
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.
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 Application:
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 Application.
All payments are handled independently by third-party services. Therefore, this Application does not collect payment-related data-such as credit card numbers-but receives a notification once the payment is successful.
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. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
In the event that the User authorizes the PayPal feature that enables future purchases, this Application will store an identification code linked to the User’s PayPal account. This will enable this Application to automatically process payments for future purchases or periodic installment payments for a past purchase.
Authorization can be revoked at any time by contacting the Holder or by changing your personal PayPal settings.
Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.
The Holder grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions explained in the relevant section of this Application within 15 days after the conclusion of the contract.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may be to the countries or territories specified in the relevant section of this Application.
Delivery times are indicated on this Application or during the purchase process.
Unless otherwise specified on this Application or agreed with You, Products are delivered within thirty (30) days of purchase.
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.
In the event that the goods are not delivered or picked up at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further arrangements.
Unless otherwise specified, any attempted delivery from the second will be at User’s expense.
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.
Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
To exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.
For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his or her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
When does the withdrawal period expire?
In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
When purchasing multiple goods ordered together. but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots or pieces.
The Holder shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the User’s responsibility.
The refund shall be made without undue delay and in any case within 14 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds are made using the same means of payment used for the initial transaction. The User does not incur any costs as a consequence of withdrawal.
Unless the Holder has offered to collect the goods, the User must return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his or her intention to withdraw from the contract.
The deadline is met if delivery of the goods to the courier or other authorized person occurs before the expiration of the 14-day period described above. Refunds may be withheld until receipt of the goods or until the User has provided proof of return.
The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics, and operation.
Return shipping costs are the responsibility of the User.
According to European regulations, the seller guarantees the conformity of sold goods for a minimum period of 2 years after delivery. Therefore, the seller is obligated to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably expected for at least two years from the time of delivery to the buyer.
Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Application in accordance with the laws of the country in which they ordinarily reside.
The national laws of that country may grant such Users broader rights.
Consumers who are not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.
Nothing in these Terms shall exclude, limit or modify 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 Holder’s option, to a re-provision of the Services or payment of the cost of re-provision thereof.
The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, 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 provided herein
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not guarantee 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 will be 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 warrant, 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 damage, whether perceived or actual, resulting from the content, operation, or use of the Service.
Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to 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.
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 fullest 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 Owner 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.
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
The Holder’s failure to exercise its statutory rights or claims under these Terms does not constitute a waiver of them. No waiver can be considered final in relation to a specific right or any other right.
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 terminate the Service. In case of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages etc.).
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
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 Application 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 Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
The Owner reserves the right to change the Terms at any time. In such a case, the Holder will give appropriate notice of the changes to Users.
Changes will only affect the relationship with the User in the future.
Your continued use of the Service signifies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms could result in either party’s right to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Holder.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to 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.
All communications pertaining to the use of this Application should be sent to the contact information provided in this document.
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adjusted 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 regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be implemented to the fullest extent permitted by law.
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the invalid, void, or ineffective provision shall be replaced by the applicable legal framework.
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.
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.
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.
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.
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
To the extent that this does not affect Users’ right to bring an action in court, in the event of a dispute concerning the use of this Application or the Service, Users are requested to contact the Owner at the contact details set out in this document.
The User may address 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 2 days of its receipt.
The European Commission has introduced an online platform for alternative dispute resolution to facilitate out-of-court settlement of disputes related to and arising from online sales and service contracts.
Therefore, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
The structure that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not meet the definition of a Consumer.
Defines a User physically present or legally based in the European Union, regardless of nationality.
Spett.le S.O.W SRL C.F.04903660233 P.IVAIT04903660233 VIA MINCIO. 2 37060 LUGAGNANO DI SONA (VR) – EN Recipient Code: KOROACV PEC: SOWSRL@PEC.IT SDI ID: 8063699858
I/we hereby give notice of withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (enter here a description of the goods/services from whose purchase you intend to withdraw)
(sign only if this form is served in paper version)
Denotes the natural or legal person who provides this Application and/or offers the Service to Users.
A good or service that can be purchased through this Application, such as a tangible good, digital files, software, reservation services etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through this Application as described in the Terms and on this Application.
All terms and conditions applicable to the use of this Application 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.
Denotes any natural person using this Application.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.