Terms of Sale

GENERAL CONDITIONS

Purchase WaltBay products

  1. General provisions
    1. These General Conditions of Use (hereafter, for brevity, “Conditions” or “Contract”) are stipulated between the user of the site, whether natural or legal person, (hereafter, for brevity, “User”) and Sistema3 Srl, CF / VAT number 15090331008, in the person of the legal representative pro tempore, with registered office in 00141 Rome (RM), Via Calimno 49, e-mail: info@waltbay.com, (now forward, for brevity, “Seller”).
    2. In particular, these Conditions govern the use of the website https:// www.waltbay.com , (from now on, for brevity, “Site”) by the User.
    3. The term User means both the Consumer User (by Consumer means the physical person who acts for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity that may be carried out) and the Professional User (by Professional means the person physical or legal that acts in the exercise of its business, commercial, craft or professional activity, or its intermediary).
  2. Definitions
    1. The following terms will have the meaning indicated below in these Terms:
      1. “Account” means the environment made available by the Seller, including the possibility for the User to access certain Services and set his / her Preferences.
      2. “Order Confirmation Communication” means the communication sent by e-mail message from the Seller to the e-mail address indicated by the User, when sending an order, through which the Seller confirms receipt of the order and availability of the requested Products. This communication will contain: a reference to these Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the overall price, including delivery costs.
      3. “Communication of Definitive Unavailability of the Products”, means the communication sent by e-mail from the Seller to the e-mail address indicated by the User, when sending an order, through which the Seller communicates to the User the unavailability of one and / or more Products.
      4. “Contents” means any and / or any music, sound element, photograph, image, video, message, or other material, including the Data, uploaded and / or present on the Site.
      5. “Authentication Credentials”, indicate the user name and password and / or other authentication methods through which the User is able to access the Account and / or use the Services made available by the Seller, for which requires prior registration.
      6. “Data” means any and all information, including relating to an identified or identifiable natural person, such as, by way of example and without any claim of completeness, name, surname, e-mail address, telephone number, e-mail address shipping, any interests and / or purchasing habits and / or other types of personal data that Users provide to the Seller during Registration.
      7. “Rights on the Site”, indicate all the Rights concerning the software at the base of the Site, expressly including the exclusive rights provided for by the law of 22 April 1941, n. 633 and subsequent amendments and additions and, in particular, by Articles 64-bis ss. of the same law. By way of example and, without exception, without claiming any completeness, the rights of reproduction, execution, loading, processing, adaptation, translation, distribution, diffusion to the public are included in the Rights on the Site , distribution of elaborated and / or modified and / or adapted versions concerning the software underlying the Site.
      8. “Account Preferences”, indicate that section of the Site, accessible through the User’s Account, in which the latter is in a position to update and / or modify the Data entered during the Registration.
      9. “Privacy Policy”, means the information on the processing of personal data, prescribed by art. 13 of Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 relating to the protection of individuals with regard to the processing of Personal Data, as well as to the free movement of such Data and by art. 13 legislative decree 30 June 2003, n. 196 “Code regarding the protection of personal data and subsequent amendments and additions. Unless otherwise noted, the Privacy Policy will be published on a specific page of the Site and will be accessible through a hypertext link both from the footer of the Site and when creating the order for one and / or more Products.
      10. “Products” means all the goods offered for sale by the Seller through the Site, as better specified and specified in the individual Product Sheets.
      11. “Program” means the computer program at the basis of the Services and functionalities made available through the Site, including the functional and graphic interfaces, the exclusive ownership of the Seller and on which the Seller holds all the rights indicated in art. 64 bis of Law no. 633 of 2 April 1941 and subsequent modifications, which is granted for use, according to the methods indicated below, to the User.
      12. “Registration” means the IT procedure through which a specific natural or legal person, after accessing the Site, is enabled to use the Services for which Registration is required, as well as the creation of his / her Account. For the purpose of successful Registration, the User will be invited to provide some Data which will be kept by the Seller.
      13. “Product Sheet”, indicates that particular area of ​​the Site, in which it is present: i) the name of the Product sold by the Seller through the Site, ii) the essential characteristics of the Product, iii) the price of the Product, inclusive of taxes; iv) the availability of the Products; v) any applicable delivery costs.
      14. “Services”, indicate all the features that the Seller offers to Site Users and include, among others, the display of the Product Sheets, as well as the improvement of online purchases.
      15. “Use of the Site” means any and all operations carried out by the User from the moment of access to the Site, including the simple consultation of the Product Sheets, whatever the access device (eg PC, tablet or smartphone), the type of connection (private, third party, public or WI-FI) and the place of connection.
    2. It is expressly understood that the definitions indicated in these Conditions have the same meaning (except for the number ) if used in the plural and vice versa.
  3. Conditions of use of the Site
    1. The User must not use the Site or any Content, in such a way as to cause detriment to the Seller or third parties. In particular, the User has the obligation to refrain from using the Site or the Contents contained therein to carry out competing activities, or in any case in such a way as to cause damage or prejudice to interests, including economic interests, or to the image of the Seller , other Users or third parties.
    2. Users are informed that the purchase of the Products is reserved for adults.
    3. The User agrees to use the Services and features made available by the Seller through the Site in full compliance with the laws in force and, in any case, undertakes not to use the aforementioned Services and features for any purpose contrary to those permitted by the Seller, including, but not limited to:
      1. the upload, publication and transmission and / or diffusion, in any way or form, through the aforementioned Services or features, of illegal or prohibited Content, including, by way of example and not limited to, videos showing nudity, pornography, sex , inappropriate images of children, violence, dead or seriously injured bodies , abused animals, as well as messages and / or materials that use obscene, blasphemous, pornographic, racist or, in any case, defamatory language for other Users and / or subjects, individuals or legal, as well as Content which is not the legitimate owner or for which it has not obtained the required authorizations;
      2. the violation of any third party rights, including rights to the image, name, dignity, honor and reputation, including commercial rights;
      3. the dissemination or disclosure of Contents and / or materials preordained to the commission of illegal activities, including, by way of example and not limited to, the incitement to violence and / or the commission of crimes of any nature;
      4. the transmission of viruses and / or other IT tools that could compromise the integrity and / or safety of IT equipment (so-called malware, trojan horses etc.);
      5. the reporting and dissemination of links to websites where one of the activities indicated above is carried out;
      6. behaviors in any way incorrect in any interactions with other Users during the period of use of the aforementioned Services and features;
      7. the performance of activities in any case attributable to spamming and / or any type of unwanted interaction with other Users.
    4. To access certain Services and / or features of the Site, the creation of an Account may be required. To this end, information that allows identification can be requested from the User . For the purposes of creating the Account, the User must provide the Data requested by the Seller as part of the Registration procedure, guaranteeing its updating, completeness and truthfulness and must also promptly and constantly update their Data so that they are always current , complete and truthful. The Seller, although not obliged by law to any obligation and / or burden of control, reserves the right to periodically check and check the accuracy of User Data and, in the case of proven irregularities and / or inaccuracies, also reserves the right the right to disable the access of the aforementioned Users to the Account.
    5. The User agrees to diligently keep the Authentication Credentials, which constitute confidential data for which the User is the sole and exclusive responsible, also in relation to the activities carried out through their use. It is expressly forbidden for the User to assign, for any reason, to third parties, the Authentication Credentials or in any case to allow, in any way, third parties, access to the Site, assuming, exclusively, any and all consequent liability.
    6. The User also undertakes to contact the Seller promptly, or, in any case, within a reasonable period of time , to the contacts indicated in art. 1 or to the different address communicated by the latter, by sending suitable written communication for the hypothesis of theft or loss of the Authentication Credentials, in order to request their activation and subsequent replacement by the Seller, as well as for any use hypothesis , even presumed, of the Services and features made available through the Site by unauthorized third parties.
    7. It is understood that the Seller cannot, in any way, be held responsible for any harmful or prejudicial consequences deriving from the incorrect use, loss, subtraction and / or compromise of the confidentiality of the Authentication Credentials, in the event of failure to send, by part of the User, of the aforementioned communication.
    8. The User acknowledges and agrees that the publication of Reviews regarding the Seller’s Products is subject to these conditions: i) vulgar, blasphemous or, in any case, inappropriate language in the context of the Site must not be used ; ii) the content of the Reviews must not be false and / or inverted; iii) Reviews can only be published by Users who have actually purchased that particular Product and / or Service; iv) it is expressly forbidden to publish “negative” Reviews for the sole purpose of discrediting the professional image and / or reputation of the Seller and / or third parties; v) it is expressly forbidden to use inconvenient and / or offensive and / or vulgar expressions towards other Users and / or third parties.
  4. Modification of the Site and of the General Conditions
    1. The Seller reserves the right to make, at any time, in its sole discretion and without prior notice, any changes, additions and / or updates that it deems necessary and / or, simply, appropriate, to the Site, to the Contents (for e.g. prices), the Program and / or other materials contained therein and / or available through the Site itself ( including these Conditions).
    2. It is understood that any modification and / or update will not have effect on the contracts concluded between the Seller and the User before the execution of this modification and / or update.
    3. The changes and / or updates will have retroactive effect only in the event that this retroactive effect is imposed by legislative provisions and / or by administrative, governmental or judicial bodies or authorities.
  5. Pre-contractual information for the Consumer – art. 49 of Legislative Decree 206/2005
    1. Before the conclusion of the purchase contract, the User takes a look at the characteristics of the Products which are illustrated in the individual Product Sheets at the time of the User’s choice .
    2. Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the User is informed about:
      1. total price of the Products including taxes, with details of shipping costs and any other costs;
      2. terms of payment;
      3. term within which the Seller undertakes to deliver the goods;
      4. conditions, terms and procedures relating to the right of withdrawal;
      5. existence of the legal guarantee of conformity for the Products purchased.
    3. The User can at any time and in any case before the conclusion of the contract take note of the information relating to the Seller, information that is also reported below: Sistema3 Srl, in the person of the legal representative pro tempore, with registered office in 00141 Rome (RM ), Via Calimno 49, and which, however, are always accessible in the appropriate “Contacts” section of the Site and / or, in any case, in the footer of the Site and / or in the general information of the Seller’s social pages.
  6. Obligation of the contract
    1. These Conditions govern: i) the purchase and sale of Products purchased by the User through the Site and / or and / or the social pages of the Seller; ii) the purchase of any additional services or accessories; iii) navigation on the Sit or by the User, as well as the use of all the Services and functions made available to the User through the Seller’s Site and / or social pages.
    2. The User is expressly informed and acknowledges that the Seller reserves the right to refuse and / or cancel orders that come from: i) by a User who has previously violated these Conditions, ii) who has been involved in fraud of any such as, in particular, with reference to credit cards, iii) by Users who have released false and / or incomplete and / or incorrect data.
  7. Contract completion procedures
    1. The characteristics and the price of the various Products on sale on the Website and / or on the Seller’s social pages are shown in the relevant Product Sheets .
    2. To purchase the Products, the User must fill in and send the order form in electronic format, following the instructions on the Site. The User must add the Product to the “Cart” and, after having read these General Conditions and of the Privacy Policy and confirmed their acceptance, you must enter any Shipping and billing data (if required), select the desired payment method and confirm the order.
    3. By sending the order from the Site, the User acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions, as well as the Privacy Policy.
    4. The contract (henceforth the “Contract “) entered into between the Seller and the User must be considered concluded with the acceptance of the order by the Seller. This acceptance is communicated to the User through the Order Confirmation Communication.
    5. Without prejudice to the eventual exercise of the right of withdrawal, the User is expressly informed and agrees that, having received the Order Confirmation Communication, he will have 12 (twelve) hours of time to report to the Seller (by email and / or through the other methods, if any, indicated on the Site) any errors in sending the Order. After this deadline, the order will be processed for shipping and changes will no longer be accepted. The right for the User to exercise the right of withdrawal remains unaffected, where provided .
    6. The risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User only when the latter, or a third party designated by him and other than the carrier, physically enters into possession of the Products.
    7. However, the risk is transferred to the User already at the time of delivery of the Product to the carrier if the latter has been chosen by the User and this choice has not been proposed by the Seller, without prejudice to the rights of the User and towards the carrier .
  8. Product Information
    1. The Seller will make every effort to accurately show the characteristics of the Products, including the composition and colors. Nevertheless, some errors, inaccuracies or small differences between the Product on the Site and the real Product may be highlighted . The colors displayed, in particular, depend on the system used on the computer or other electronic device used by the User; therefore, the Seller can not guarantee that the computer or electronic device used by the User accurately reproduces the colors.
    2. It should also be noted that the photographs of the Products presented on the Site and / or on the Seller’s social pages do not constitute a contractual element , as they are only representative.
  9. Availability of Products
    1. The availability of the Products – as indicated in the Product Sheets – refers to the actual availability at the moment the User places the order. This availability must however be considered purely indicative because, due to circumstances not attributable to the Seller (e.g. the simultaneous presence on the Site of multiple Users), the Products may no longer be available.
    2. If one and / or more Products are not available, the Seller will send the User the Notice of Definitive Unavailability of the Products. Upon receipt of this communication, the User, within the following 12 hours, will have the right to reply to confirm the shipment of the only Products available or cancel it completely. If there is no response within this period, the order will be considered confirmed and the available products will be shipped. In any case, the amount relating to the missing Products will be returned to the User, with the same payment methods chosen by the same, within 7 days of the order being corrected.
    3. As of now, any and all liability of the Seller towards the User or third parties for any such event is excluded .
  10. Prices, payment methods and billing
    1. The selling prices of the Products indicated on the Site are expressed in Euros and already include taxes and duties, as well as any additional or additional costs, such as, by way of example, shipping costs.
    2. Terms of payment:
      1. Credit / Debit Cards. The payment of the Products may be made by credit and / or debit cards accepted by the Seller and indicated in the footer of the Site and / or in the Product Sheet and / or in another section of the Site and, in any case, when forwarding the order. The Seller reserves the right to ask the User for a valid identity document to prevent fraud and / or to guarantee the security of payments on the Site. In this case, if the User does not proceed with the sending within the term specified in the relevant request, the Contract will be considered terminated by right, according to the conditions set out in article 1456 of the Italian Civil Code and the order will therefore be considered canceled.
      2. Managers pag catkin third party. The payment of the Products purchased on the Site may be made through third-party payment managers (such as, by way of example, Paypal, Stripe, etc.), which will be analytically indicated when formalizing the payment order. In such cases, the User will be redirected to the website and / or application of the third-party payment manager where he will carry out the payment based on the procedures provided therein and on the basis of the contractual conditions envisaged by the manager.
      3. Additional methods indicated on the Site and / or on the Seller’s social pages. In any case, the payment of the products purchased on the Site may be made through the additional methods indicated by the Seller and advertised on the Site , in the specific reserved areas or when completing and sending the order and, in any case, before the definitive sending of the ‘order.
    3. The User is made aware and acknowledges that, for the purposes of managing payments, the Data relating to payment transactions will not pass through the servers used by the Seller, and will only be processed by third parties possessing adequate quality certifications.
    4. Billing method :
      1. After payment, the User may request the Vendor and the issuance of the invoice for the amounts paid, in the various ways indicated on the Site, by communicating the billing data including the tax code and / or VAT number. The User is solely responsible for the correct insertion and / or communication of the billing data.
      2. The Seller will send the invoice to the User by e-mail.
  11. Delivery methods
    1. The Seller undertakes to deliver the Products purchased, by express courier, to the address indicated by the User in the order form, no later than 30 days from the date of receipt, by the User, of the Confirmation Communication of the ‘Order or, if later, from the date of receipt of payment by the Seller.
    2. The User is expressly informed that delays could occur for one or more reasons not attributable to the Seller, such as, by way of example and, therefore, without claiming any completeness: i) any customization of the Products; ii) delivery area; iii) unforeseeable circumstances and / or force majeure.
    3. If for any reason the Seller is unable to fulfill the delivery in the aforementioned terms, the Seller will contact the User asking him if he prefers to continue the purchase, setting a new delivery date or withdrawing from the Contract.
    4. By virtue of these Conditions, delivery is considered to have taken place where a subscription to the pick-up has been made at the shipping address indicated by the User in the order form.
    5. In the event that the person in charge of the delivery does not find anyone at the above address twice, the Seller will inform the User, who must contact the Seller to set the date of another delivery or to withdraw from the Contract. .
    6. The User is expressly informed and acknowledges that the deliveries of the Products will be made only within the territory of the Italian Republic.
    7. The Consumer User is expressly informed that, in any case of delivery not carried out in the terms indicated by the Vendor and, pursuant to art. 61 paragraph 3 of the Consumer Code, before being able to terminate the Contract, must invite the Seller to make the delivery within an additional period appropriate to the circumstances. Pursuant to art. 61 paragraph 4, the Consumer User will not be burdened by the burden of requesting delivery within the additional term mentioned above, when: i) the Seller has expressly refused to deliver the Products; ii) if the deadline for delivery, having regard to the circumstances that accompanied the conclusion of the Contract, was to be considered essential; iii) if the Consumer User has previously informed the Seller, by means of a communication sent to the addresses referred to in art. 1, that the delivery time was to be considered essential.
  12. Right of withdrawal and request for product exchange
    1. The User who qualifies as a Consumer (also referred to as the ” Consumer User “) has the right to withdraw from the Contract, without any penalty and without specifying the reason, within 14 days from the date of receipt of the Products.
    2. In the case of multiple purchases made by the Consumer User with a single order and delivered separately, the term of 14 days starts from the date of receipt of the last Product.
    3. The Consumer User who intends to exercise the right of withdrawal must communicate it to the Seller through an explicit declaration, which can be sent by registered mail or by email to the address indicated above in art. 1 or to the different address that is subsequently communicated to the Consumer User by the Seller.
    4. The model withdrawal form, set out in Annex I, part B, Legislative Decree 206/2005 (Consumer Code), modified by Legislative Decree no . Legislative Decree 21/2014 (not mandatory):

Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h) Legislative Decree 206/2005 (Consumer Code)

(complete and return this form only if you wish to withdraw from the contract)

Seller Data: Sistema3 Sr .l., In the person of its pro tempore legal representative, with registered office in 00141 Rome (RM), Via Calimno 49,

Hereby I / we (*) notify / notify (*) the withdrawal from my / our (*) contract of sale of the following goods / services (*) – Ordered on (*) / received on (*) – Name of the consumer (s) – Address of the consumer (s) – Signature of the consumer (s) (only if this form is sent in paper version) – Date

(*) Delete the unused wording.

    1. Pursuant to art. 57 of Legislative Decree 206/2005 (Consumer Code), in case of exercise of the right of withdrawal, the Consumer User is required to return the goods within 14 days from the day on which he communicated to the Seller his intention to withdraw from the Contract.
    2. The goods must be sent back to the Seller at the address indicated in art. 1 above.
    3. In any case, any and all costs relating to the return of the Products are borne by the Consumer User.
    4. The Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels and any documentation and accessory equipment: e.g. manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above , the Seller will reimburse the amount of the Products subject to withdrawal, including any shipping costs, within a maximum period of 14 days from when it receives the User’s withdrawal notice Consumer.
    5. The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased, unless otherwise agreed subsequently between the Seller and the Consumer User.
    6. As required by art. 56 paragraph 3 of Legislative Decree 206/2005 (Consumer Code), modified by Legislative Decree 21/2014, the Seller can suspend the refund until receipt of the Product / s or until the demonstration has occurred from part of the Consumer User to have sent the Products back to the Seller.
    7. The Seller will make the refund using the same payment method chosen by the Consumer User during the purchase. The Seller may use a different means of payment only on condition that the Consumer User agrees to this change.
    8. If the methods, conditions and terms for exercising the right of withdrawal are not respected, as specified in this article, the Consumer User will not be entitled to a refund of the amounts already paid. In this case, the Consumer User may re-obtain, at his own expense, the Products in the state in which they were returned to the Seller. Otherwise, the Seller may retain the returned Products , in addition to all the sums already paid by the Consumer User for the relative purchase.
    9. The right of withdrawal is expressly excluded with reference to the Contracts concluded between the Seller and the User that qualifies as a Professional (also called “Professional User”).
    10. The Consumer User, within the same terms in which he can exercise the right of withdrawal, can request the Seller, by sending a communication to the email address indicated in the epigraph, to replace the Products purchased with other Products (e.g. change of size of one T-shirt). It is however understood that: (i) the possibility of requesting the replacement of the Products is subject to the actual availability of the different Products requested; (ii) Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels and any documentation and accessory equipment: e.g. manuals, etc.) and complete with the attached tax documentation; (iii) shipping costs will be borne by the Consumer User.
  1. Guarantees
    1. For each Product purchased by a Professional User, the latter will benefit from the warranty for defects of the thing sold pursuant to art. 1490 et seq. cod. civ .; the action of the Pro- fessionist User aimed at asserting the warranty for defects is prescribed after 1 year from the delivery of the purchased Product and the relative defects must be reported within the terms of art. 1495 cod. civ ..
    2. For each Product purchased by a Consumer, the latter will benefit free of charge from the legal guarantee of conformity provided for in articles 128 et seq. of Legislative Decree 206/2005 (Consumer Code). The Legal Warranty paid by the Seller applies for conformity defects which occur within 24 months from the date of delivery of the Product and which are reported by the Consumer within 2 months from the date of discovery of the defects themselves, in accordance with the art. 132 of the Consumer Code. In the event of a lack of conformity, the Consumer User has the right to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the Contract. The Consumer User will in any case remain the owner of the rights deriving from the Legal Guarantee described above, regardless of the signing of other conventional guarantees, free or paid.
    3. In any case, it is understood that the User, both Consumer and Professional, will not be entitled to any type of guarantee in relation to any Product or any component identified as defective if, unless otherwise provided and in accordance with applicable law:
      1. the Products have been repaired or altered by people other than the manufacturer and / or the Seller or any other authorized person; and / or
      2. the lack of conformity of the Product or Products occurred after the term of 2 (two) years from the delivery of the Product itself and / or the related request for repair or replacement of the defective Product or defective Products was sent after 2 (two ) months from the discovery of the defect for the Consumer User; the Professional User has not respected the prescription and forfeiture terms provided for by art . 1495 cod. civ .; and / or
      3. the defects are due (in whole or in part) to misuse, improper use or storage or maintenance, performed by people other than the manufacturer, the Seller or any other authorized person – or without observing the instructions provided with the Products delivered; and / or
      4. at the time of the conclusion of the Contract, the User was aware of the defect and could not ignore it with ordinary diligence; and / or
      5. the lack of conformity derives from instructions or materials provided by the User.
    4. The User is expressly informed and acknowledges that any and / or any further guarantee against the Seller is excluded (such as, by way of example, commercial guarantees, etc.).
  2. Limitations and exclusions of responsibility
    1. To the maximum extent permitted by current legislation, any and all liability of the Seller connected or in any way deriving from a Contract entered into with the User and / or from the use of the Services and / or features made available to the User through the Site.
    2. Consequently, to the maximum extent permitted by current legislation, any and all right to compensation, reimbursement or compensation for damages, direct and indirect, patrimonial and non-patrimonial , potential, current or future, to persons and / or things, connected or in any is excluded. method deriving from a Contract stipulated with the User and / or from the use of the Services and / or functions made available to the User through the Site.
    3. In any case – and without prejudice to the foregoing – the Seller’s liability for any Products purchased on the Site will be limited exclusively to the purchase price of the Product in question.
    4. Without prejudice to the foregoing, the Seller’s liability is not excluded or limited in the following cases: i) cases of death or personal damages resulting from the Seller’s negligence; ii) cases of fraud or fraudulent activity by the Seller; iii) any circumstance in which it turns out to be illegal or illegal by the Seller to exclude, limit or try to limit or exclude his liability.
    5. The Seller’s liability, on the other hand, is immediately and without exception excluded in cases where non-compliance or delay in compliance with the obligations deriving, directly or indirectly, from these Conditions is attributable to unforeseeable circumstances, force majeure or any other cause beyond the control of the Seller.
  3. Suspension of the Services and features of the Site and / or the social pages of the Seller
    1. The Seller, also pursuant to art. 1460 of the Italian Civil Code, reserves the right to suspend, in whole or in part, with the exclusion of any reimbursement, compensation, compensation of any kind and nature, the User’s access to the Services and functions made available through the Site in the following cases: a) changes, interventions and / or extraordinary maintenance to the Site and, in particular, to its Services and functionalities, carried out by the Vendor King; b) disputes and / or requests of any kind from the competent authorities, in compliance with the current provisions of Legislative Decree 70/2003, for “hosting” activities; c) disputes and / or violations by the User of the obligations deriving from these Conditions.
  4. Intellectual property
    1. The User acknowledges the exclusive ownership of the Seller on any and all Rights and / or rights relating to the Program.
    2. The User expressly undertakes not to reproduce, even partially, modify, distribute, decompile, dispose of the Program in any way (both free of charge and for consideration), nor to distribute, disseminate or create content based, in whole or in part. part, on the Program, save the written authorization of the Seller.
    3. The Seller, for the sole purpose of accessing and using the User to the Services and features made available through the Site, grants the latter a non-exclusive, free, personal and non-transferable license to use the Program by him, it being understood in any case that the User cannot – under penalty of compensation for damages – copy, modify, create derivative works or in any way decompile the Program in order to obtain the source code, sell, transfer, sublicense, confer or transfer to third parties any right and / or right on the Program, nor to allow third parties to do so.
    4. Without prejudice to the foregoing regarding the Program, the User acknowledges and accepts that any copyrights, registered trademarks and, more generally, any Right and / or intellectual property right or protected by copyright, relating to materials and / or the contents on the Site are the property of the Seller and / or those who have granted the Seller adequate licenses for their use. The User can therefore use this material and / or content only with the express authorization of the legitimate owners and within the limits of the same.
    5. Furthermore, without prejudice to the mandatory rights recognized by the current legislation on the protection of personal data, the User grants the Seller a free, perpetual and non-exclusive license to use on its Site, on its pages, social groups and profiles, as well as in the Seller’s promotional and / or advertising campaigns in newspapers, televisions, radios, the Internet and / or on any other communication channel, whose object and / or purpose is to promote the Seller, the Products, the Services and / or new services and / or products, the following Data: a) Users natural persons: name, surname, photo, Reviews; b) Legal entity users: name, trademark.
  5. indemnity
    1. The User – without prejudice to the Seller’s right to claim compensation for any damages caused to him – declares and guarantees to indemnify and hold harmless the Seller, as well as the subjects connected to it or controlled by it, its representatives, employees, as well as any its partner from any and all possible harassment, disturbance , claim or legal action, initiated or threatened, by third parties deriving from the failure to fulfill the contractual obligations set out in these Conditions and, in particular, those deriving from articles 3 and 16.
  6. Privacy
    1. The Personal Data transmitted from one Party to the other in compliance with these Conditions will be used by the receiving Party, in compliance with current legislation, for purposes strictly connected and instrumental to this contractual relationship. Each Party consents and guarantees that such Data can be processed and stored in compliance with the aforementioned purposes.
    2. For further information regarding the processing of Personal Data, the User is invited to carefully read the Privacy Policy available on the Site or otherwise made available by the Seller.
  7. Various
    1. These General Conditions contain in their entirety the agreements entered into between the Parties and annul and replace any previous agreement that has occurred on the same object. Any agreement added or notwithstanding what is contained herein must be formulated in writing by the Parties and signed by the latter.
    2. Any nullity, invalidity or ineffectiveness, according to the Italian legal system, of any of the provisions contained in these Conditions will not invalidate or compromise the validity or effectiveness of the remaining provisions in respect of each of the Parties.
    3. Any failure by the Seller to exercise the rights and powers deriving from these Conditions does not in any way constitute a waiver of the same, having to be considered as an act of mere tolerance.
    4. These Conditions do not determine corporate or associative ties between the Parties and do not imply any representation relationship between them, so no Party will have the right to act in the name and on behalf of the other Party.
    5. Unless otherwise provided, any communication between the Parties regarding these Conditions must be made in writing and will be considered effectively and validly performed if received: (i) by the Seller to the addresses, including e-mail addresses, indicated in art. 1 or to any different contact details that the Seller will communicate to the User; (ii) by the User to the addresses, including e-mail addresses, communicated by the same when purchasing the Products.
  8. Applicable law and jurisdiction
    1. These Conditions are governed by Italian law.
    2. In particular, any purchase of Products made by a User who qualifies as a Consumer will be governed, in addition to these Conditions, by the provisions of Legislative Decree 206/2005 (so-called Consumer Code) and Legislative Decree . n. 70/2003, as applicable.
    3. Any purchase of Products made by a User who qualifies as a Professional will, however, be governed exclusively by these Conditions, as well as by the provisions of the civil code, although not provided herein.
    4. For any dispute relating to the validity, efficacy, interpretation or execution of these Conditions and, in particular, deriving from or connected with each purchase order, as well as relating to the browsing of the Site by the User or the use of any Service and / o was made available to the User himself through the Site, the Court of Rome will have exclusive jurisdiction except for the obligatory forum of the User’s place of residence or domicile that qualifies as a Consumer, pursuant to the Consumer Code .
    5. For the same disputes indicated above, it is also possible to optionally resort to mediation procedures pursuant to Legislative Decree 28/2010.
    6. Pursuant to and for the purposes of art. 14 of EU Regulation no. 524/2013, we report the lin k for access to the EU’s ODR (Online Dispute Resolution) platform https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

Date: 04/16/2020

 

 

[] I declare to accept these terms and conditions and to have read the Privacy Policy

[] Pursuant to articles 1341 and 1342 of the Italian Civil Code, I accept these specific clauses 3 (Conditions of Use of the Site); 7. (Contract completion method); 8 (information on the Products and merely representative nature of the images); 9 (lack of product availability); 14 (limitations and exclusions of responsibility); 15 (suspension of the Services and functionality of the Site); 16 (intellectual property);