TERMS AND CONDITIONS

Before browsing the web and making purchases, please read our terms and conditions of sale (hereinafter “Conditions”).

These are the Terms and Conditions between you and Family in Tale S.R.L., Via Gabriele Falloppio 39, 35121- Padua (PD) (hereinafter “Seller”). The Seller is registered with Tax code/VAT number 05171940280. These terms and conditions of sale govern the use of the Family in Tale online store by the User, including the submission of an offer and the purchase of Products from Family in Tale S.R.L., unless accompanied by a separate license, in which case the separate license will prevail.

Introduction

BY ACCESSING OR USING THE FAMILY IN TALE ONLINE STORE, YOU AGREE TO AND AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE FAMILY IN TALE ONLINE STORE.

Subject to acceptance and compliance with these Conditions, we grant the User a personal, limited, non-exclusive, revocable and non-transferable license to use the Site solely for personal and non-commercial purposes, as established in these Conditions.

Before using our website or placing an order, if you have any questions regarding these Conditions, please contact info@familyintale.com.

Definitions

  • “Family in Tale or We or Seller” refers to Family in Tale S.R.L., Via Gabriele Falloppio 39, 35121 – Padova (PD) and its affiliates and associates;
  • “Defective” means that it has an error or defect; imperfect or defective;
  • “Store or Online Store” refers to the store located on the Website;
  • “Website” refers to the website located at https://familyintale.com/ or any other URL that may replace it;
  • “User” refers to a user of the Website;
  • “Users” refers to Website Users collectively;
  • “Contract” The contract is composed of documents as described in the “Order Acceptance Policy” section, these Terms, and the Privacy Policy. The contract is deemed concluded at the moment you submit a purchase order for the Product or Products in accordance with these Terms and receive our acceptance of your Order. By entering into this Contract, you agree to be bound by these Terms and the Privacy Policy;
  • “Your Order or Order” means the offer you make through our Store to purchase Our Products, which will be binding on us upon our acceptance of Your Order;
  • “Confirmation of Receipt of Your Order” means the confirmation of receipt of Your Order that will be promptly sent to you by email at the time of submission of the Order. The order confirmation will include the list of purchased products, basic information of the product description, purchase and delivery price;
  • “Order Acceptance” means the acceptance of the Order that will be sent to you by email after or together with the Confirmation of Receipt of the Order. The acceptance of the Order constitutes a binding Contract and includes the list of purchased products, basic information of the product description, purchase and delivery price, invoice, delivery information, and these Terms. By receiving the Acceptance of Your Order, the Customer has successfully placed the Order, and the Contract between the Customer and us is deemed concluded.
  • “Special Conditions” means the terms and conditions of the Product Description, as well as any additional conditions applicable to these Terms;
  • “Product” means a product displayed for sale on the Online Store, excluding any books;
  • “Product Description” refers to the part of the Online Store where the description is provided, including some terms and conditions related to the individual Product;
  • “Cookies” means small text files that our Website places on the user’s hard drive to allow information about the purchase session and to identify the user’s computer;
  • “Personal Information” means the data provided by the User at the time of registration, as well as any information regarding behavior on the Site, information about Orders and sales made, and any other information you have sent to Us.

Access and use of the website and services

Access to this website and/or the services is provided in accordance with these terms and any orders placed by you must be strictly in accordance with these terms. By placing an order through the website, the user warrants that they are not a minor, are at least 18 years of age, and have the full legal capacity to enter into this agreement. If you are under 18 years of age or a minor in your country of residence or under legal custody, you warrant that you are an emancipated minor or have the legal consent of your parents or guardian and are fully able and competent to enter into the terms, conditions, obligations, representations, warranties, and agreements of this agreement, and to comply with and abide by this agreement.

If the user places an order for a legal entity, they declare and warrant that they have obtained the consent of the legal representative to place such an order.

By placing the order, the user acknowledges that we may review the order and its contents to verify compliance with our policies and these terms, and we may refuse to process an order in case of violation of these terms and applicable policies.

When using the website, the user is responsible for maintaining the confidentiality of their account and password (if any) and for restricting access to their computer, and agrees to take responsibility for all activities that occur under their account or password.

The user agrees to use the website in a manner that does not cause harm to us, other users, or third parties. We reserve the right to terminate or restrict your access to the website without notice if you violate these terms or abuse the website or access the website unusually. We have the right to prevent access to the website if we have reason to believe that you are engaged in illegal activities or compromising the security or privacy of us or other users.

We may suspend the website if necessary, for example, for installation, modification, or maintenance work, or if required by laws, regulations, or authorities, or if there are other justifiable reasons for suspension. Our goal is to ensure that the suspension is as short as possible. We reserve the right to cease management of the website or offer it to the public at our sole discretion.

The user agrees to be automatically redirected to the localized version of the store closest to their location, if such an option exists.

The website may not be used for improper or illegal purposes, or in violation of applicable laws or licenses. By accepting these terms, you agree to comply with all necessary instructions that we provide for the use of the website.

Changes to the website

We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part of it) with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification or withdrawal of the website; if such modifications require changes to your operating environment or other devices, you will be responsible for making such changes at your own expense.

Modification of these Terms

We reserve the right to modify and/or change the Terms from time to time, and your continued use of the Website (or any part of it) following such change will be deemed as acceptance of such change by the User. It is the User’s responsibility to regularly check if the Terms have been modified. If you do not accept the changes to the Terms, you must immediately discontinue the use of the Website and not access and/or use the Website.

Third-Party Links

To provide added value to our Users, we may provide links to other websites or resources that the User may access at their sole discretion. The User acknowledges and agrees that by choosing to access the linked website, we are not responsible for the availability of such external sites or resources, and we do not review or endorse and are not responsible, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use others may make of such sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or reliance on such advertising, content, products, goods or other materials or services available on such external websites or resources.

Intellectual Property Rights and Use Rights

All intellectual property rights (including patents, registered and unregistered trademarks and service marks, domain names, utility models and design rights, copyright, database rights, photo rights, computer program rights, and all computer codes) on and to the website and all content and materials found on the website (“Website Content”) are and shall remain the property of the Seller or its licensors. The website content may be used solely for personal and non-commercial purposes and may not be reproduced, modified, copied, altered, distributed, re-designed, re-published, displayed, transmitted, or sold in any form, in whole or in part, and copyright notices or other proprietary designations that form part of the website content must not be removed.

The Intellectual Property Rights of the Website and the materials contained or accessible through it belong to “Family in Tale S.R.L.” or its licensors. This Website and the materials contained or accessible through it, as well as the intellectual property rights contained therein, may not be copied, distributed, published, licensed, used or reproduced in any way (except to the extent strictly necessary for accessing and using this Website). “Family in Tale S.R.L.” and the Family in Tale logo are trademarks owned by “Family in Tale S.R.L.” and may not be used, copied or reproduced in any way without the written consent of “Family in Tale S.R.L.”. All trademarks not owned by Family in Tale S.R.L. are the property of their respective owners and are used with permission. Nothing in this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark. For these purposes, the definition of “Intellectual Property Rights” includes, but is not limited to (wherever and whenever and for the entire duration of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights in the nature of any of these elements in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial rights (in each case registered or unregistered or capable of registration) and the registrations and applications for registration of any of them.

All information contained on the website, including product descriptions, age recommendations, photos, books, and previews, may differ from the original. The Seller reserves the right to make minor modifications to product descriptions without informing customers and visitors.

You have obtained a license to use the Website and/or the Shop, and your rights are subject to these Terms and the Privacy Policy. You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all materials or content provided as part of the Website shall remain our property or the property of our licensors. You are authorized to use such materials only if expressly authorized by us or our licensors. You acknowledge and agree that the website material and content is made available only for personal and non-commercial use.

Unsolicited Ideas and Materials

Every customer and visitor to our website agrees not to have any right to any compensation for ideas, especially because we may already be developing such ideas. If you send us Unsolicited Material, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that may accompany them:

Family in Tale has no obligation to review the Unsolicited Material or to keep the Unsolicited Material confidential; and Family in Tale will own and may use and redistribute the Unsolicited Material for any purpose, without restrictions and without any obligation of acknowledgment or compensation. Family in Tale has no obligations with respect to the Unsolicited Material, including, without limitation, the obligation to return any materials or acknowledge receipt of the Unsolicited Material or to review the Unsolicited Material. Family in Tale may use, redistribute, or disclose the Unsolicited Materials for any purpose and in any way, without any compensation to you or any third party.

Feedback

While we cannot accept unsolicited ideas, we always welcome feedback on existing features of our products and services. Please provide only specific feedback on existing features and do not include ideas that our policy does not allow us to accept or consider. Any feedback you provide is considered non-confidential and non-proprietary. We will be free to use such information without limitations, without any compensation to you or any third party.

Orders and Specifications

All Products may be purchased if available together with the Book and Your Order has been accepted by us. We reserve the right to refuse Orders without giving any reason. Your Order is valid only after receiving an unconditional Order confirmation.

Before sending the Order, the customer can preview the Product and is required to accept the preview before proceeding.

The order confirmation contains the details of the order and the price. You are required to notify us of any errors or mistakes in the Order as soon as possible. Otherwise, you may receive a defective Order. All details regarding delivery times are informative and serve as a guide. The Seller will do everything possible to ensure that the Order is delivered on time, but assumes no responsibility if the Order is not delivered on time.

Although we strive to reproduce and describe the inks used on the Products as accurately as possible on our website, we cannot guarantee that the colors provided will exactly match those displayed on your monitor or mobile phone due to different display settings. We reserve the right to modify a Product on the Website or to discontinue the sale of a Product without informing you. Regarding the Products and services on this Website, please note that we make every effort to display the Products and services that appear on this Website as accurately as possible. However, the colors, sizes, and details that you see on your computer monitor or other electronic devices vary depending on your equipment, so we cannot guarantee that your equipment accurately displays the details of our Products and services. By ordering a specific Book, you can also choose and add other Products from the Online Store. As for the services on this Site, the terms of such service offerings may be specified in separate general terms and conditions that will be provided to you in connection with the purchased service and will be integrated by these Terms and Conditions relating to Merchandising. To make such purchases, you must be at least 18 years of age.

Placing an order

To place an Order, you must follow the Order procedure specified on the Website. The price details to be paid for each Product, as well as the payment procedure, are listed on the Website.

The delivery times and dates indicated are estimates only. We will do our best to deliver the Products within the specified time frame, but we will not be responsible if the delivery is not made within such time.

By placing an Order through the Site, you make an offer to purchase the Product and indicate that you accept these Conditions and our General Terms and Conditions. All Orders are binding only with our acceptance; we have the right to refuse any Orders placed by users. We will send a written confirmation of receipt to the e-mail address provided by the user at the time of sending the Order, but such confirmation does not constitute acceptance of the Order by us. We will accept your offer once we have received full payment from you. We will then send you a confirmation via email; at this point, the Contract is concluded. Once we have received full payment, we will begin processing the Order (“Order Acceptance”). If we are unable to fulfill an Order after accepting payment, we will refund your money and cancel the contract.

We may modify or discontinue our Products or services at any time without notice, and it is possible that Products may become unavailable without notice. We accept no liability of any kind if a Product or service is not available.

You declare that all information you provide to us for the purpose of purchasing Products through the Website is accurate and complete.

Product Description

Each Product is subject to its Product Description which sets out further special conditions relating to that Product. We will do our best to ensure that all details, descriptions, and prices of Products appearing on the Website are accurate at the time when the relevant information is entered into the system. Although our goal is to keep the Website as up-to-date as possible, information, including Product Descriptions, which appears on this Website at a particular time may not always reflect the situation when the User places an Order. If a Product ordered from us appears to be in conflict with the provided Product Description, the only remedy available to the User is the return of the Product or Products in accordance with these Terms. We cannot confirm the price and any other component of the Product Description until your Order is accepted in accordance with our Order acceptance policy.

Prices, Payments, and Currencies

The prices valid on the day of receipt of the Order by the Seller apply. All prices are in euros and include value-added tax as required by law. Any shipping costs will be separately and clearly indicated. All prices and discounts will be clearly visible on the invoice, which all customers receive electronically. Therefore, it is very important that the user provides a valid email address.

After completing the Order, an invoice will be automatically sent via email regardless of the payment method.

Payment options include credit card (MasterCard, Visa, American Express), Google Pay, Apple Pay, and PayPal. The customer’s account is charged immediately after completing the Order.

All products are paid through an external payment services provider. You will be asked to provide your payment details to this external payment services provider, and you may also be required to accept additional terms and conditions regarding the use of each service. We cannot assume any liability arising from or in connection with your use of such external payment services provider and, to the extent permitted by law, we exclude such liability.

Unless otherwise agreed, all payments are due immediately upon invoicing. The customer’s bank account or credit card account is charged immediately after completing the Order.

The user warrants that all information provided to us for the purpose of the Order and its delivery is accurate, that he/she has the power to dispose of the chosen payment method, and that he/she has sufficient funds or credits to fully pay the Order.

We are not responsible for any errors of our provider.

Although we make every effort to ensure that the information on this website (“Website Content”) is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to change prices or rates at any time without notice and may refuse or cancel delivery associated with any misrepresentation of price or rates.

Discounts, Promotions, and Benefits

Different benefits or discounts are not compatible. For a single Order, only one type of discount or benefit may be required. The buyer is entitled to a discount only if the Order is placed during the sales promotion period. It is not possible to request additional discounts on an already reduced price. Unless otherwise specified, discount codes apply only to a single Product and are not valid for purchases made in the past. Discount codes are valid for as long as they are promoted and for the time indicated with them.

To redeem a discount code, add an item to your cart and when prompted to enter a discount code (under “Promotional Code”) in the first stage of the checkout process, simply enter your code and be sure to click “Apply Promotional Code” and “Update Cart”.

We may change the price of each Product or any service provided on the Website at any time without notice.

Despite our best efforts, some Products listed on the Site may not have a correct price or may increase in price between Your Order and our acceptance of the Order. Typically, we will verify prices as part of our management procedures so that, if the price of the Product is lower than that stated on the Site, we will charge you the lower price at the time of shipment of the Product. If the correct price of a Product is higher than the price stated on the Site, typically, at our sole discretion, we will contact the user to ask how they wish to proceed or we will cancel the Order and notify them of such cancellation so that the user may, if they wish, place a new Order at the correct price. If an inaccurate quote is obvious and unequivocal, such as to make you recognize in good faith the wrong price, we are not obliged to provide you with the Product at the wrong (lower) price.

The prices shown are exclusive of all sales taxes imposed by any governmental authority on any amount payable by the Buyer. The Buyer is responsible for all such taxes.

If the Seller undertakes to collect and dispose of taxes, such taxes will also be reflected on the Buyer’s invoice. Sales taxes are based on the place of shipment of the Product, and as such may vary. The invoice will be issued with the shipping charges for the shipping service you have chosen.

Delivery

The ordered Products will be delivered to the address specified in the order.

Shipping and delivery times may vary depending on the Product, its availability, the delivery country, carrier conditions, and other practical factors. Please note that the shipping and delivery times indicated are indicative but not guaranteed. In the case of holidays, we reserve the right to add a few extra days to the shipping times.

The usual delivery method is, unless otherwise agreed, a shipment of the Products with the delivery services of the chosen courier. Once an Order is placed, You accept the terms and conditions of a selected carrier.

Delivery options

We endeavor to process the order and produce the ordered product within the specified period. However, production times may vary, and it should be noted that the indicated delivery times are not binding. Under these Conditions, compliance with delivery times is not a contractual obligation. Therefore, we assume no responsibility for damages or expenses you have incurred due to delays in the delivery of your order.

The Products must be checked immediately upon delivery to verify the presence of any defects. In the case of delivery of the Products by a courier service, you are required to sign the required delivery confirmation. The signature on the document serves as proof that Your Order has been delivered to you without defects or obvious damages. Acceptance of the Order may be denied for defects. If the ordered Products have been delivered damaged or with defects, you are obliged to notify us in writing immediately and not later than 24 hours after the delivery of the allegedly defective or damaged Product and to personally sign the Notification or have it signed by a representative. Please refer to the terms and conditions in the section on Damaged Products for further details.

We reserve the right to deliver your order in several parts. If the Order is delivered in several parts, each delivery establishes a separate contractual relationship. You will not incur any additional costs.

You must be able to receive a delivery so that the package can be delivered. If this is not possible, you can arrange a new delivery date with the courier. If you have not picked up the package or inadvertently refuse to accept the Order, we are not obligated to refund the purchase price and you have no right to request the purchase price.

Acceptance of delivery

If you receive the Product(s), you must examine it/them for any errors and deviations from the contractual agreement before confirming with your signature that these Products are in good condition. If you confirm with your signature that the Products are in good condition, you confirm that the Products and/or goods are in acceptable conditions. All packages for which no signature is affixed, but which are accepted, will be considered accepted as if their good condition had been confirmed with a signature. If you see signs of damage to the package or packages, sign that the package arrived damaged. Otherwise, beyond your legal rights, we cannot refund or replace the Product.

You must be present on the delivery date to accept the delivery as the courier will attempt to redeliver it no more than two times, and the Products will then be returned to you at your expense. If the delivery is refused due to a faulty address or if the Products are returned, you will be charged shipping costs for the return.

Risk and ownership

Upon delivery to the agreed-upon address, the risk of loss and deterioration of the Order passes to you. Despite the transfer of risk, ownership of the Order will not be transferred to the Customer until payment of the purchase price and any other amount due in relation to this or any other Order.

Right of return, refund, and cancellation

An Order may be revoked only in the following cases:

(a) if we do not deliver the ordered Products within 30 days from the end of the day following the Order;

(b) in the delivery of defective Products. The revocation must be made as soon as possible after the discovery of the defect or damage. The prerequisite is that you have checked the Product immediately after delivery, but in any case no later than 24 hours from receipt of the Product;

(c) as described in detail in the Warranty, Contract Resolution, and Return Policy section.

If an Order is revoked in accordance with (a) or (b) above, we will be responsible for all amounts paid (including shipping costs for the original delivery and any replacements) in relation to the Order in question.

The revocation must be communicated via e-mail to info@familyintale.com. As a precautionary measure, it is stated that the Terms and Conditions, except in the case of defects or errors in the Product, do not confer any right of revocation for Products that are, by definition, made and customized according to the Customer’s wishes after 24 hours from their insertion.

The Products must be returned to us in their original packaging. As a precautionary measure, keep the original packaging. This provision does not affect your statutory rights.

Warranty, contract resolution, and return policy

We have a 14-day “no-questions-asked return guarantee.” We hope you are satisfied with your purchase. If you wish to return a Product purchased from us, we will be happy to refund or exchange it, provided it is for damage or printing problems and not for:

  • incorrect customization by the Customer;
  • shipping/transport by the chosen courier.

You will be solely responsible for any costs related to the return of the Product, which must be sent to the address provided by us to the user at the time of sending the notification email.

Please note that you have the right to withdraw from this Contract if you wish, provided that you exercise this right within fourteen (14) days from the day you received the Product or the last of the Products ordered. You may terminate this Contract by notifying us via email at info@familyintale.com.

The Customer must provide the order number, the name(s) and the amount of the Product(s) and return the Product(s) within fourteen (14) days from the date of notification of the resolution. The Contract will be considered terminated upon the return of the Product(s). The return of the Products will be at the Customer’s risk. The only cost borne by the Customer at the time of resolution within the established term will be the cost of returning the Product to us. We will refund your payment within fourteen (14) days of the return of the Product. If you do not meet the deadlines, you lose the right to terminate the Contract without reasonable cause. If you return the Product before the resolution deadline without good reason, such return will be considered a resolution of the Contract.

Please note that you may use your rights under this section “Warranty, Contract Termination and Return Policy” only when the Product is not damaged in any way. In the case of damage to the Product, the “Damaged Products” section and the rights therein shall apply.

In addition to what is indicated in this section, we do not offer any other warranties or post-purchase assistance.

Damaged Products

The Products are presumed to conform to the agreement; they are deemed to conform to the agreement if: (a) they are in accordance with the Product Description; (b) they are suitable for the purposes for which goods of the same type are normally used; (c) they show the quality and performance that are normal in Products of the same type and that can be reasonably expected, given the nature of the Product and taking into account any public statements on specific characteristics, particularly in advertising or labeling.

We will be responsible for any lack of conformity existing at the time of delivery of the Product. In the event of a lack of conformity, the Customer is required to notify us immediately, and in any case no later than two (2) months after such discovery, by email at info@familyintale.com. You must clearly indicate the reasons for the lack of conformity, your order number, the image or video of the Product, and return the Product to us only after our confirmation. The address for returning the Product will be sent to the Customer at the time of our confirmation. If the lack of conformity was not caused by your acts or omissions, we will repair or replace the Product free of charge, unless this is impossible or disproportionate. You may terminate the Contract and we will refund the purchase price, or we may agree to a price reduction by mutual agreement. You are not entitled to terminate the Contract if the lack of conformity is minor.

The right under this section shall not apply if you (or any third party under your control) caused the lack of conformity of the Product with your actions or omissions or if the lack of conformity appeared after two (2) years from delivery.

If you find a damaged Product, please inspect the packaging to determine if it was damaged during transport. In this case, please send us an email at info@familyintale.com within 24 hours, it is important that you keep the packaging in which it was sent to you, and it is useful that you send us a photograph and/or video of the damage to the item and packaging. Your rights are those indicated in the “Damaged Products” section.

In addition to what is indicated in this section, we do not offer any other warranties or post-purchase assistance.

Cancellations

If the User refuses to pay the taxes due, the Contract will automatically be considered terminated by Us. If you choose to refuse to accept the package, we will exercise the option (where applicable) to cancel the shipment and terminate the Contract.

If there are costs associated with returning the shipment to Us, it will be your responsibility to pay these expenses (which include, but are not limited to, any customs duties and taxes due, storage fees charged by the customs office where the shipment is held, brokerage fees, shipping, handling, and restocking fees, etc.).

Exclusion and Limitation of Liability

Although we make every effort to ensure that the information on this website (“Website Content”) is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the Website Content or the Products, prices, or fees described herein at any time and without notice. Website Content may be outdated and we do not assume any obligation to update such content. We will use the necessary expertise and care in updating the website. Some Website Content may come from third parties. We note that we assume no warranty or liability for the accuracy, completeness, timeliness, or reliability of such Site Content.

Unless otherwise provided in these Terms, this website and the Website Content displayed on it are therefore in their current condition and without any express or implied representation or warranty (customary, statutory, legal provisions, etc.) of any kind. To the extent permitted by law, we disclaim all other terms, conditions, warranties, and representations (including, without limitation, any implied warranty of fitness for a particular purpose) regarding the Website or Website Content. Website Content does not violate the rights of third parties.

We do not guarantee that the website or the Website Content or any function of the website will be available uninterrupted or error-free, that errors will be corrected, or that the website or the server that provides access to it will be free of viruses or other harmful content. We do not guarantee that the website or Website Content meets your needs. Furthermore, we do not provide any warranty or representation regarding the use or results of using any Website Content in terms of completeness, accuracy, timeliness, reliability, or other features.

We cannot be held responsible for the security or any type of interruption of the website. The same conditions apply to the loss or corruption of materials posted through the website, as well as to the loss or falsification of materials or data downloaded from the website to a computer system.

Responsibility

We guarantee that all Products purchased through this website are of satisfactory quality and suitable for the purposes for which Products of this kind are normally supplied.

To the extent permitted by law, we disclaim all other terms, representations, and warranties, express or implied (whether implied by common law, custom, statute, etc.).

We are not liable for any damage or loss you suffer when ordering a Product as a result of our breach of this contract.

The user expressly agrees to use this website and the contents of the website at their own risk.

Subject to the provisions above, the user agrees that we cannot be held liable in the following cases:

(a) in the case of losses, claims for compensation or immediate damages; (b) for indirect losses, claims for compensation or damages, as well as for punitive, special, incidental or consequential damages of any kind that are not directly connected to the incident that caused the claim; or (c) in the case of loss of profit, loss of savings or data falsification (direct or indirect), regardless of whether they arise from contractual liability, tort liability (including negligence), strict liability or directly or indirectly (i) from any use of this website or the website’s Content, (ii) from any of these terms and conditions, (iii) from any of the Products, (iv) in case of failure or delay in using any part of the website, the website’s Content or services, including, but not limited to, unavailability of the website, website Content or services, regardless of the duration of the unavailability, (v) from any use or reliance on the website’s Content or other information, materials, software, products, services or related graphics obtained through the website; in all these cases, the exclusion of liability also applies even if we have been advised of the possibility of such losses or damages.

We will not be liable for losses, damages, or expenses (including loss of profit) arising directly or indirectly from our failure to fulfill our main obligations under these Terms and Conditions if based on events or circumstances that are beyond our control; these include, in particular, strikes, labor disputes, power outages, failures, actions of the State, and force majeure.

According to local laws, liability cannot be excluded or limited. In this case, the limitations or exclusions of liability above do not apply to the user.

Due to the risks inherent in the use of the Internet, we cannot be held liable for any damage or virus attacks on your computer equipment or other property that occurred during the use of the website.

Due to the risks inherent in the use of the Internet, we cannot be held liable for any damage to your computer equipment or other equipment, or for viruses that infect such equipment during the use or browsing of the website. Please note that you download or otherwise obtain website Content at your own risk.

The user agrees to assume responsibility for any damage to their computer system or loss of data resulting from downloading or purchasing such website Content.

Indemnification

The user agrees to indemnify us and our parent companies, affiliates, and their respective officers, directors, employees, owners, agents, contractors, partners, informants, and licensors in relation to any claim, damage, liability, cost, and expense (including legal fees) (whether foreseeable or preventable) incurred or suffered by any other party, as well as any claim or legal action arising from or in connection with the user’s use of the website, the website content, or services offered by the website, the user’s conduct in relation to the website or services offered, or in relation to other users of the website, any purchases, transactions, actions, or agreements with third parties through the website or on third-party websites or in connection with the violation of these Terms and Conditions or any law or third-party rights that arise or threaten to arise, indemnifying, defending, and reimbursing.

APPLICABLE LAW AND JURISDICTION

The Service will be governed, in addition to these Terms, by Italian law and, in particular, with exclusive reference to the User who may qualify as a Consumer, by the provisions of Chapter I of Title III of Part III of the Consumer Code.

Any dispute arising between the Parties regarding the validity, interpretation, or execution of these Terms shall be submitted to the jurisdiction of Italian courts. Except as provided in Article 66-bis of the Consumer Code and in any case where the User cannot qualify as a Consumer, the competent court for the resolution of disputes between the Parties shall be exclusively the Court of Milan.

For the out-of-court resolution of disputes arising in relation to contracts with consumers governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and relating to these Terms, the User may resort to the mediation procedures provided for in Legislative Decree No. 28/2010 or may avail themselves of ADR bodies through the online dispute resolution platform (ODR) established and managed by the European Commission, accessible through the following link: http://ec.europa.eu/consumers/odr/. Since February 15, 2016, consumers and professionals have access to a new platform for online dispute resolution (ODR). Directive 2013/11/EU (implemented in Italy in August 2015) introduced a system whereby consumers can voluntarily file a complaint against professionals before bodies that offer independent, impartial, transparent, effective, fast, and fair alternative dispute resolution procedures. Accordingly, the Consumer Code was amended by adding a section on out-of-court resolution of disputes between professionals and consumers. At the EU level, following the European Regulation 524/2013 on online consumer dispute resolution, a specific ODR platform has been created, available since mid-February 2016, at the following link: http://ec.europa.eu/odr. The new online platform will be multilingual and will work as follows: the consumer will fill out an online form and submit it to the ODR platform. The relevant party will receive the complaint and, after identifying the alternative dispute resolution body (e.g., a chamber of commerce) to involve, the documentation regarding the dispute will be automatically transmitted from the online platform to said body. The body to which the complaint has been transmitted will promptly inform the parties whether it accepts or refuses to handle the dispute. The physical presence of the parties or their representatives will not be necessary, unless provided for by the procedural rules of the involved body and agreed upon by the parties. The decision must be made within 90 days from the receipt of the complaint by the alternative dispute resolution body that has accepted to take on the case. All these remedies are additional and do not replace those already provided by law.

Completion

We may remove the Website at any time at our sole discretion and for any reason, or discontinue the provision of any service available through the Website. We may terminate the User’s access to the Website for any reason, at our sole discretion, with or without notice at any time.

The right to refuse services

We reserve the right, in exceptional cases, not to deliver the Products or to deliver only a part of the Products. In exceptional cases, technical restrictions apply to the customer’s payment risk level, which is based on the seller’s decision. The Seller has the right to cancel the Order if it cannot receive a purchase confirmation from the customer by phone or email. The Seller is obliged to inform the customer of the non-delivery via email or phone. If the customer has not provided correct personal information, the Seller is not obliged to inform them. The Seller is not responsible for losses, damages, or expenses arising from any non-performance or delay in performing its obligations caused by an event or circumstance beyond its control.

Privacy

We will only use personal information obtained from you in accordance with our Privacy Policy. These policies are an integral part of these Terms, and it is important that you read them. For data collection, advertising, and the use of cookies, please refer to our Privacy Policy available at the following address: Privacy Policy.

Our website uses cookies/advertising identifiers for advertising purposes. This allows us to show our advertisements to visitors who are interested in our products on partner websites and emails. Redirect technologies use your cookies or advertising IDs and display ads based on your past browsing behavior. You can opt out of interest-based advertising by visiting the following websites: https://www.youronlinechoices.com/it/.

We may share data, such as technical identifiers derived from user registration information on our website or CRM system, with our trusted advertising partners. This allows them to link your devices and/or environments and provide you with a seamless experience across different devices and environments that you use. To learn more about their linking capabilities, please refer to their privacy policy listed on the aforementioned platforms or listed under the cookie policy.

Limitation of Liability and Warranties

While making every reasonable effort to verify the accuracy of any information we put on the Site, we will not be responsible and disclaim all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature that may be suffered by you or any third party, as a result of or attributable, directly or indirectly, to your access and use of the Site, any information contained on the Site, your personal information, or material and information transmitted through our system. In particular, neither we nor any third party, nor any data or content providers shall in any way be liable to you or any other person, firm or company for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from delays, inaccuracies, errors or omissions in pricing information or its transmission, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. Furthermore, we make no warranty or representation that the information contained on the Website or in the Store is appropriate for use in any jurisdiction.

Except as expressly provided in these Terms, we disclaim any and all warranties of any kind, whether express or implied, to the fullest extent permissible under applicable law.

We shall not be liable in contract, tort (including, without limitation, negligence), pre-Agreement or other representations (other than fraudulent or negligent statements) or otherwise out of or in connection with the Conditions for:

any economic loss (including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings); or any loss of goodwill or reputation; or any special or indirect loss suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.

This section does not affect your legal rights as a consumer, nor your right to cancel the contract.

Severability clause

If any part of these Conditions is deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver by us shall be construed as a waiver of any proceeding or subsequent breach of any provision. Each provision of these Conditions shall be construed as separately applicable and surviving even if for any reason one or other of these provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement and duration

These Conditions, together with the General Terms and Conditions, the Privacy Policy, and any Specific Terms and Conditions, govern our relationship with You and the concluded Agreement. You acknowledge that, in accepting these Conditions, You have not relied on any statement other than as expressly set out as a term of these Conditions and agree that You shall have no remedy in respect of any statement not so set out. Your statutory rights are not affected by these Conditions in any way. The term of these Conditions shall commence from the date on which You start using the Website and shall end on the date on which You cease to use the Website and/or the Agreement is satisfied or, if earlier, we terminate these Conditions and the Privacy Policy.