Terms and Conditions of www.luminisjewels.com

These Terms govern

_ the use of this Website and

_ any other Agreement or legal relationship with the Owner

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

 

The User is requested to read this document carefully.

This Website is a service of:

Luminis by Luca Corona
Via Goriano Sicoli 34
00155 Rome (RM)

VAT number: 17761581002

Owner's email address: info@luminisjewels.com

Information of immediate relevance

_ Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

_ The right of withdrawal applies only to European Consumers.

_ The following clauses and conditions have full legal validity in the Italian language: any translation provided by the site is for informational purposes only and does not constitute a source of legal validity.
The Owner is available to provide explanations, within the limits of his/her competence, to help the User understand the functioning of the purchases. However, he/she assumes no responsibility for misunderstandings caused by language barriers.
Therefore, Users who feel unsafe in purchasing due to translation issues are advised not to proceed with the purchase.

_ Users are invited to contact the Owner for any doubts regarding the conditions of sale before proceeding with the purchase. The Owner's goal is to guarantee transparent and protected sales. Any request for clarification can be addressed using the contact details indicated in the "Contacts" section.

INDEX

1 - TERMS OF USE

1.1 - Access and purchase without an account
1.1.A - Personal Data and Security
1.1.B - Termination and management of use of the Service
1.1.C - Suspension of access
1.1.D - Use of Personal Data
1.1.E - Deletion of Personal Data
1.2 - Contents on this Website
1.2.A - Rights to the contents of this Website
1.3 - Access to external resources
1.4 - Permitted use

2 - TERMS AND CONDITIONS OF SALE

2.1 - Paid Products
2.2 - Product description
2.3 - Purchase procedure
2.4 - Sending the order
2.4A - …of personalized goods
2.5 - Prices
2.6 - Payment methods
2.7 - Retention of title
2.8 - Delivery
2.8.A - Failure to deliver

3 - User Rights

3.1 - Right of withdrawal
3.2 - Who benefits from the right of withdrawal
3.3 - Exercise of the right of withdrawal
3.3.A - Example of withdrawal form
3.4 - Effects of withdrawal
3.5 - … on contracts for the purchase of tangible goods

4 - Guarantees

4.1 - Legal guarantee of conformity of the Product

5 - Limitation of liability and indemnity

 

5.1 - Australian Users

5.1.A - Limitation of liability

5.2 - US Users

5.2.A - Disclaimer of warranty
5.2.B - Limitation of liability
5.2.C - Indemnity

6 - Common provisions

6.1 - No Implied Waiver
6.2 - Service interruption
6.3 - Resale of the Service
6.4 - Privacy policy
6.5 - Intellectual Property
6.6 - Changes to the Terms
6.7 - Assignment of contract
6.8 - Contacts

6.9 - Safeguard clause

6.9.A - US Users
6.9.B - European Users

6.10 - Applicable law

6.10.A - Prevalence of national law

6.11 - Competent court

6.11.A - Exception for Consumers in Europe

7 - Dispute Resolution

7.1 - Amicable settlement of disputes
7.2 - Consumer dispute resolution platform

8 - Definitions and legal references

1 - TERMS OF USE

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

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

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

_ Confirm your legal age and capacity to act in a legal capacity; the use of the Service is prohibited to minors under the age of 18, and each user represents that he or she has reached the age of majority and has full capacity to enter into legally binding contracts.

_ Comply with applicable laws and contractual conditions relating to these Terms and Conditions;

_ Ensure the authenticity, accuracy and updating of the personal data provided, including the provision of a valid and stable email address, avoiding the use of temporary emails or unauthorized addresses or those belonging to third parties without their explicit consent.

There are no restrictions regarding Users as to whether they are Consumers or Professional Users.

1.1 - Access and Purchase without Account

The User has the option to complete a purchase without creating or logging in to an account. During the checkout process, the User enters his/her data, including name, address and contact information, which will be collected exclusively to finalize the order. After completing the purchase, the User will not have persistent access to his/her account, but the data will be retained for order processing and management.

Alternatively, you may temporarily access your profile by entering a 6-digit code sent via email. This access allows you to track the status of your orders, view and update your contact and address information, and manage access to your account (including the option to log out of all active sessions).

1.1.A - Personal Data and Security

The personal data provided by the User, necessary to complete the order and manage the purchase, will be processed in accordance with the privacy policy. Even without access with a temporary code, the User accepts that the data entered during checkout are collected and processed to finalize the order and keep track of purchases.

The User is responsible for ensuring the security of access to his/her email, since it is through this medium that he/she will receive the temporary code to access the Service. Users declare and accept that the use of the Service is strictly personal and must not be used on behalf of third parties without prior authorization. Furthermore, access to the site and purchases with temporary or invalid email addresses and/or telephone numbers is expressly prohibited.

1.1.B - Termination and management of use of the Service

The User may stop using the Service at any time. Any access with a temporary code does not generate a permanent account, and a formal closure procedure is not necessary.

1.1.C - Suspension of access

The Owner reserves the right to suspend or limit access to the Service at any time, without notice, if the use of the Service is deemed inappropriate or in conflict with these Terms and Conditions. Such suspension does not entitle to compensation or indemnity.

1.1.D - Use of Personal Data

The personal data collected will be processed in accordance with current legislation. Such data is used exclusively for order processing, purchase management and, if authorized by the User, for commercial communication purposes.

1.1.E - Deletion of Personal Data

At any time, the User has the right to request the Owner to delete their personal data. However, such request can only be made after the order has been completely processed. If the request for cancellation is submitted before the order has been completed, this will result in the cancellation of the order itself, with consequent cessation of the processing and delivery of the products.

1.2 - Contents on this Website

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

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. 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 their complaints to the addresses specified in this document.

1.2.A - Rights to the contents of this Website

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

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

1.3 - Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.

1.4 - Permitted use

This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.

It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:

_ violations of laws, regulations and/or the Terms;

_ infringement of third party rights;

_ actions that may significantly harm the legitimate interests of the Data Controller;

_ offences to the Owner or to a third party.

2 - TERMS AND CONDITIONS OF SALE

2.1 - Paid Products

Some of the Products offered on this Website as part of the service are paid.

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

2.2 - Product description

Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.

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

2.3 - Purchase procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchasing process includes the following steps:

_ Users are requested to choose the desired Product and verify their purchase choice.

_ After checking the information visible in the purchase choice, Users can place the order by forwarding it.

2.4 - Sending the order

Sending the order entails the following:

_ The sending of the order by the user determines the conclusion of the contract and creates the obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.

_ In the event that the purchased Product requires an action by the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order also constitutes the obligation for the User to cooperate accordingly.

_ Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

 

Please note that any order placed through this Website is to be considered, unless otherwise explicitly specified in the product description (for example, with terms such as "Available" or "In stock"), as a pre-order.

This condition implies a waiting period for the receipt of the ordered goods, which can vary from a minimum of two weeks up to a maximum of one month, depending on the specifics of the product and the volume of orders being processed.

This provision also extends to customized goods commissioned directly by the User, which will follow the same waiting process specified for pre-orders.

For each purchase, it is emphasized that the time indications provided, relating to the waiting period for receiving the goods, are to be considered merely indicative and do not constitute binding deadlines for the delivery of the item. The company undertakes to keep the user informed on the progress of the order, providing, where possible, timely updates regarding any delays or changes in the expected waiting period.

All notifications relating to the purchase procedure through the Website will be sent to the email address provided by the User for this purpose.

2.4A - …of personalized goods

In the case of purchasing customized goods, or requests for changes to the products shown on the site, Users may contact the Owner using the contact details provided in the "Contacts" section of the landing page.

Requests for “custom” products will be managed separately by the Website and in a personalized way through the contacts provided, following a specific process agreed directly with the User. This procedure will initially be started via email, WhatsApp or other channels and will continue until the order is sent, following the specific instructions provided by the Owner. It is specified that all the Terms and Conditions of Sale, including but not limited to prices, right of withdrawal, shipping methods and other provisions specified in the Terms and Conditions displayed on the Owner's website, apply in full and validate the contracts concluded through the communication channels mentioned above. Therefore, the personalized agreements agreed with the User will be subject to these Conditions of Sale, unless otherwise expressly agreed in writing between the parties.

 

All notifications relating to the purchase procedure of personalized goods will be sent to the email address or other channels provided by the User for this purpose.

2.5 - Prices

During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

_ depending on the section the User is consulting, include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.

_ in the case of purchases outside the European Union

2.6 - Payment methods

Details regarding the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to request the User to reimburse any related expenses or damages.

2.7 - Retention of title

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

2.8 - Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. Upon delivery, the User must verify the contents of the package and promptly report any anomalies to the contact details listed in this document or as described in the delivery note. The User may refuse to accept the package if it is visibly damaged or tampered with. In this case, it is recommended to document any damage with photographs, including of the closed package, to facilitate any complaints.

The shipping times, costs and options indicated in the shipping information on this Website are provided for informational purposes only and do not constitute a guarantee. Any changes, delays or updates to the shipping service cannot be considered a reason for requests for reimbursement or compensation. For shipments to places that are difficult to reach (such as mountain sites or smaller islands), times and costs may vary based on the specific destination and logistical conditions. The additional cost will be notified to the User by means of one of the contact details entered by him during the purchase phase. The User is required to pay the additional shipping costs, otherwise the order will be suspended until the payment is completed.

Any other additional costs outside the jurisdiction of the Owner, such as customs duties or import taxes for international shipments, will be notified to the User directly by the competent customs authorities, according to the methods and times established by them. Such costs are the responsibility of the User and the Owner has no responsibility or involvement in the determination or communication of these amounts.
Furthermore, if the User wishes to monitor his/her shipment, the Owner or a designated manager will provide the tracking service via the communication channel chosen by the User, in the event that the system has not already provided for this autonomously.

2.8.A - Failure to deliver

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays that occur after delivery to the courier, unless the package has been insured. The User has the option to choose to insure the package during the checkout process. In any other scenario, such as outside of this Website, where there is no preset choice for insured shipping, the User must expressly request insurance to benefit from the guarantees in the event of damage or loss.

In case of loss of the package, if it has been insured, the Owner will refund the total amount paid, if less than one thousand euros, or ship another product at no cost. Any change in the prices of shipping services that occurs in the period between the loss or damage and the resolution of the problem will be borne by the User. The choice on how to proceed will be communicated by the User via the contact channel previously chosen.

In the event that the goods are not delivered or collected at the time or within the deadline established, a new delivery attempt will be made. If the second attempt is also unsuccessful, the goods will be returned to the Owner, who will contact the User to arrange further attempts. Unless otherwise specified, each new shipment will be at the User's expense and will involve a fixed or variable fee depending on the logistical conditions. These costs will always be communicated through the contact channel previously chosen by the User.

3 - User Rights

3.1 - Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

3.2 - Who benefits from the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time 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.

3.3 - Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

In this regard, the User may use the standard withdrawal form available at the end of this section. However, the User is free to express his intention to withdraw from the contract by means of any of the contact details provided in the “Contacts” section of the site. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

_ In the case of 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.

_ In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different 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 other than the courier - takes possession of the last of the goods, lots or pieces.

_ The right of withdrawal is not recognized for items that have undergone use or assembly, even if only partially. This condition implies that the product must be returned in its original state, without signs of use or assembly.

_ The right of withdrawal is excluded a priori for all orders that concern products made to measure or personalized according to the customer's specifications . This is because these items are only compliant with personal requests and cannot be resold to third parties.

_ The right of withdrawal does not apply to items purchased at a discounted price or on promotion, unless otherwise specified.


Items belonging to separate orders must be returned together, unless otherwise agreed with the Owner. Any returned item that does not comply with the established withdrawal conditions will be rejected and returned to the sender without the right to any refund.

3.3.A - Example of withdrawal form

Addressed to:

 

Luke Corona
Via Goriano Sicoli 34
00155 Rome (RM)

Owner's email address: info@luminisjewels.com

 

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:

 

_____________________________________________ (insert here the name of the product from which you wish to withdraw the purchase)

Order No.:________________________________________________ (insert order number)

Ordered on: _____________________________________________ (insert date)

Received on: _____________________________________________ (insert date)

Name of consumer(s):_____________________________________________

Address of the consumer(s):_____________________________________________

Date: _____________________________________________

(sign only if this form is notified in paper version)

3.4 - Effects of withdrawal

The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.

3.5 - … on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner, or to another person authorized by the Owner to receive them, without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract. The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14-day period described above. The Owner reserves the right to withhold the refund until the goods are received, in order to assess the presence of any loss of value and determine the amount of the refund to be made, if necessary. The User is responsible for the decrease in value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The return must include all items received at the time of delivery, including any business cards, original packaging, accessories and gifts. Failure to return one or more of these items may result in a proportional reduction in the refund, depending on the value of the missing items.

The return shipping costs are the responsibility of the User, who is required to use shipments with relatively fast and necessarily traceable delivery times.

4 - Guarantees

4.1 - Legal guarantee of conformity of the Product in accordance with European Union legislation

According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.

National laws of such country may grant such Users broader rights.

Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.

5 - Limitation of liability and indemnity

5.1 - Australian Users

5.1.A - Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and any liability which is not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having them supplied again.

5.2 - US Users

5.2.A - Disclaimer of warranty

The Owner provides this Website on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations 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 will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal law, 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 specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.

5.2.B - Limitation of liability

To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any

_ any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

_ any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;

_ any error, omission or inaccuracy in the contents;

_ personal injury or material damage, of any nature, resulting from the User's access to or use of the Service;

_ any unauthorized access to the Data Controller's security servers and/or to any personal information stored therein

_ any interruption or cessation of transmissions to or from the Service;

_ any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service;

_ any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or

_ the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.

5.2.C - Indemnity

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from

_ your use of or access to the Service, including any data or content transmitted or received by you;

_ your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;

_ your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;

_ the violation by the User of any applicable law, rule or regulation

_ any content submitted from the User's account, including, but not limited to, misleading, false or inaccurate information, including when accessed by a third party using the User's personal username and password or other security measures, if any;

_ the User's malicious conduct; or

_ violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

6 - Common provisions

6.1 - No Implied Waiver

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

6.2 - Service interruption

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

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

Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

6.3 - Resale of the Service

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

6.4 - Privacy policy

The management of Users' personal data is carried out through third-party services specialized in the protection and safe management of data, which guarantee constant updating of their privacy policy to ensure transparency and security for consumers. The complete and updated Privacy Policy can be consulted in the "Privacy Policy" section of this Website.

6.5 - Intellectual Property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

All the designs of the articles present on this Website are no exception. Furthermore, the designs developed at the personalized request of a User are also the exclusive property of the Owner, except in cases where the Owner, or a person in charge, is a mere executor of a detailed and defined project provided by the User.

In any case, unless otherwise agreed with the client, the Owner reserves the right to reproduce, modify and use for commercial or promotional purposes the designs made on commission, including the sale of derivative products.

Any unauthorized use of the designs, including customized ones, will constitute a violation of the Owner's intellectual property rights and will be prosecuted under the law.

6.6 - Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

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

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service and may terminate the Agreement.

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

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

6.7 - Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

6.8 - Contacts

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

6.9 - Safeguard clause

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

6.9.A - US Users

Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be enforced to the fullest extent permitted by law.

6.9.B - European Users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, by mutual agreement, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.

Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

6.10 - Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.

6.10.A - Prevalence of national law

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

6.11 - Competent court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

6.11.A - Exception for Consumers in Europe

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

7 - Dispute Resolution

7.1 - Amicable settlement of disputes

Users may report any disputes to the Owner, who will try to resolve them amicably.

Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

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

7.2 - Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution 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 at the following link: <click here> .

8 - Definitions and legal references

The following definitions are specified to ensure maximum clarity of interpretation:

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.

Commercial User

Any User who does not meet the definition of a Consumer.

European (or Europe)

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

Owner (or We)

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

Product

A good or service that can be purchased through this Website, such as a physical good, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

Service

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

Terms

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

User (or You)

Indicates any natural person who uses this Website.

Consumer

Any User considered as such under applicable law is considered a Consumer.

 

 

Last modified on : 11/30/2024