These terms govern the use of this application and any prior agreement with the owner in a binding manner.
Capitalised expressions are defined in the relevant section of this document. The user is requested to read this document carefully. Any further contracts or agreements concluded by the holder and sellers shall prevail over the provisions of the terms. Therefore, the terms shall only apply residually and in accordance with the provisions of such contracts or agreements.
The party responsible for this application is:
Primavera International Srl – Via rovere, 7 – 25010 – Acquafredda (Bs)
Owner’s email address: firstname.lastname@example.org
Need to know at a glance
- The right of withdrawal only applies to European consumers.
Please note that certain provisions of these Terms may only apply to certain categories of users. In particular, some provisions may apply only to consumers or only to users who do not act as consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all users.
How this application works
This application acts as a technical infrastructure that enables users to interact with each other. The owner is therefore not directly involved in any such interaction between users.
These terms govern only the use of this application as a platform. terms, conditions and any other provisions applicable to transactions between Buyers and Sellers are determined by each Seller.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this application set out in this section apply generally. Further conditions of use or access applicable in particular situations are expressly indicated in this document. By using this application the user declares that he meets the following requirements:
- There are no restrictions referred to users with respect to whether they are consumers or professional users;
To use the service, the user can open an account by providing all the required data and information in a complete and truthful manner.
It is also possible to use the service without registering or creating an account. In this case, however, certain functions may not be available.
It is the responsibility of users to keep their access credentials secure and to preserve their confidentiality. To this end, users must choose a password that corresponds to the highest level of security available on this application.
By creating an account, the user agrees to be fully responsible for any activity performed with his/her access credentials.
Users are obliged to inform the owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as user account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.
Registration for a user account on this application is subject to the conditions specified below. By registering an account, the user confirms that he or she meets these conditions.
- The opening of accounts by bots or other automated means is not permitted.
- Unless expressly permitted, a user account may not be shared with other persons.
You are free to close your account and cease using the Service at any time by following this procedure:
- Using the account closure tools available on this Application.
- By contacting the Owner at the contact details in this document.
The owner reserves the right to suspend or delete a user’s account at any time at its own discretion and without notice if it deems it inappropriate, offensive or contrary to these terms.
Suspension or deletion of an account does not give the user any right to compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the user shall not exempt the user from payment of any fees or prices that may be applicable
Content on this application
Unless otherwise stated or clearly recognisable, all content available on this application is owned or provided by the owner or its licensors.
The owner takes the utmost care to ensure that the content available on this application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of this application
The owner holds and expressly reserves all intellectual property rights to the aforementioned contents.
Users are not authorised to use the content in any way that is not necessary or implicit for the proper use of the service.
In particular, but without exclusions, users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this application, from allowing third parties to engage in such activities through their user account or device, even without their knowledge.
Where expressly stated on this application, the user is authorised to download, copy and/or share certain content available on this application solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstance required by the owner is observed.
The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through this application, users may have access to resources provided by third parties. Users acknowledge and accept that the owner has no control over these 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 concessions of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
This application and the service may only be used for the purposes for which they are offered, according to these terms and applicable law.
It is the sole responsibility of the user to ensure that the use of this application and/or service does not violate the law, regulations or rights of third parties.
Therefore, the owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the user access to this application or the service, terminate contracts, report any censurable activity carried out through this application or the service to the competent authorities – e.g. the judicial or administrative authorities – whenever the user commits or is suspected of committing
- violations of laws, regulations and/or terms;
- infringement of the rights of third parties
- acts that may considerably prejudice the legitimate interests of the owner;
- offences against the holder or a third party.
TERMS AND CONDITIONS OF SALE
Some of the products offered on this application as part of the service are chargeable. The fees, duration and conditions applicable to the sale of such products are described below and in the respective sections of this application.
Prices, descriptions and availability of products are specified in the respective sections of this application and are subject to change without notice.
Although the products on this application are presented as accurately as technically possible, the representation on this application by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any guarantee as to the characteristics of the product purchased.
The characteristics of the selected product will be specified during the purchase process.
Each step, from choosing the product to placing the order, is part of the purchasing procedure. The purchasing procedure comprises the following steps:
- Users are asked to choose the desired product and check their purchase choice.
- After checking the information visible in the purchase choice, users can place their order by placing it.
Sending the order
Sending the order entails the following:
- The sending of the order by the user determines the conclusion of the contract and gives rise to the user’s obligation 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 active contribution from the user, such as the provision of information or personal data, specifications or special requests, the placing of the order also creates an obligation on the user to cooperate accordingly.
- Once the order has been placed, users will be sent a confirmation of receipt of the order.
All notifications regarding the purchase procedure described above will be sent to the e-mail address provided by the user for this purpose.
During the purchasing process and before placing an order, users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
The prices on this application
- depending on the section the user is consulting include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.
Details of the accepted means of payment are highlighted during the purchase process. Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this application.
All payments are handled independently by third-party services. Therefore, this application does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the user.
Reservation of title
Until receipt of payment of the full purchase price by the owner, the user does not acquire ownership of the products ordered.
Deliveries are made to the address indicated by the user and in the manner indicated in the order summary.
Upon delivery, users must check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this application. Delivery times are indicated on this application or during the purchase process.
The holder shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the user in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been instructed by the user.
In the event that the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the owner, who will contact the user to schedule a second delivery attempt or agree further arrangements.
Unless otherwise specified, each delivery attempt after the second one shall be at the user’s expense.
Right of withdrawal
Unless an exception applies, you may have the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The user can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Unless one of the exceptions listed below applies, users acting as European consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without need for justification.
Users who do not fulfil these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the user must send the holder an unequivocal communication of his intention to withdraw from the contract.
For this purpose, the user may use the standard withdrawal form available in the definitions section of this document. The user is however free to express his intention to withdraw from the contract in any other suitable form. In order to respect 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 the purchase of goods, the withdrawal period expires after 14 days from the day on which the user or a third party – appointed by the user and other than the courier – takes possession of the goods.
- In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the user or a third party – appointed by the user and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The holder shall reimburse all payments received including, if any, those relating to delivery costs to users who have correctly exercised their right of withdrawal.
However, the increased cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the holder shall be borne by the user.
The refund shall be made without undue delay and in any event within 14 days from the day on which the holder was informed of the user’s decision to withdraw from the contract. Unless otherwise agreed with the user, the refund shall be made using the same means of payment as was used for the initial transaction. The user shall not incur any costs as a consequence of the withdrawal.
Effects of withdrawal on contracts for the purchase of goods
Unless the Holder has offered to collect the goods, the user shall return them to the Holder or to another person authorised by the Holder 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 met if the delivery of the goods to the carrier or other authorised person takes place before the expiry of the 14-day period described above. Reimbursement may be withheld until receipt of the goods or until the user has provided proof of return.
The user shall be liable for any decrease in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and functioning.
The user shall bear the return shipping costs.
Legal Product Conformity Warranty
According to European legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years after delivery. Therefore, the seller is obliged to ensure 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 goods applies to items available on this application in accordance with the laws of the country in which they normally reside.
The national laws of that country may grant such users more extensive rights.
Consumers who are not acting as European consumers may have conformity warranty rights under the laws of the country in which they normally reside.
LIMITATION OF LIABILITY AND INDEMNITY
Limitation of liability for user activities on this application
Users acknowledge and accept that the holder merely provides users with the technical infrastructure and functionalities available on this application.
The owner does not intervene in any way as an intermediary, moderator, or promoter in the interactions, agreements, or transactions between users and therefore disclaims any liability for such interactions between users, and for the performance of any obligations by users.
Limitation of liability
Nothing in these terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these terms and conditions, shall be limited, at our option, to the re-provision of the services or payment of the cost of re-provision of the services.
Disclaimer of Warranty
The owner provides this application “as is” and as available. Use of the service is at the user’s own risk. To the fullest extent permitted by law, the owner expressly disclaims all conditions, covenants, and warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No advice or information, whether oral or written, obtained by you from the owner or through the service shall create any warranty not expressly set forth herein.
Notwithstanding the foregoing, the owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at the user’s own risk, and the user shall be solely responsible for any damage to the user’s computer system or mobile device or loss of data resulting from such download or use of the service.
The holder does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the service nor any website or service hyperlinked. Furthermore, the owner does not take part in or in any way monitor any transactions between users and third party providers of products or services.
The service may become inaccessible or malfunction with the user’s browser, device and/or operating system. The owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to users. This agreement gives users particular legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this agreement apply to the extent permitted by law.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall the owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for
- any indirect, intentional, collateral, 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, or inability to use the service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the service or user account or information contained therein
- any errors, omissions or inaccuracies in the content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service;
- any unauthorised access to the holder’s security servers and/or any personal information stored therein
- any interruption or cessation of transmissions to or from the service
- any bugs, viruses, trojans or the like that 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 through the service; and/or
- the defamatory, offensive or illegal conduct of any user or third party. In no event shall the owner and its subordinates, affiliates, officers, agents, brand joint owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by the user to the owner during the preceding 12 months, or for the term of this agreement between the owner and the user, whichever is shorter.
This section on limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the holder was advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these terms do not apply beyond the limits provided by applicable law.
You agree to defend, indemnify, and hold harmless the owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens, or debts and expenses, including, without limitation, legal fees and expenses, arising from
- your use of or access to the service, including any data or content transmitted or received by you
- your breach of these terms, including, without limitation, any breach by you of any representation or warranty set forth in these terms;
- your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
- your violation of any applicable law, rule or regulation
- any content posted by the user’s account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by a third party using the user’s personal username and password or other security measures, if any
- the wilful misconduct of the user; or
violation of any legal provision by you or your affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law
No implied waiver
Failure by the holder to exercise any statutory rights or claims arising under these terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.
Interruption of the Service
In order to guarantee the best possible level of service, the holder reserves the right to interrupt the service for the purposes of maintenance, system upgrades or any other changes, giving appropriate notice to users.
Within the limits of the law, the holder reserves the right to suspend or terminate the service completely. In the event of termination of the service, the holder will ensure that users can retrieve their Personal Data and information in accordance with the law.
In addition, the service may be unavailable due to causes beyond the reasonable control of the holder, such as force majeure (e.g. strikes, infrastructural malfunctions, power cuts, etc.).
Resale of the service
Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this application or the service in whole or in part without the prior written consent of the owner, expressed either directly or through a legitimate resale programme.
Without prejudice to any more specific provisions contained in the terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this application are held exclusively by the owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.
All trademarks – whether denominative or figurative – and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this application are and remain the exclusive property of the owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.
Changes to the Terms
The holder reserves the right to change the terms at any time. In this case, the holder will give appropriate notice of the changes to the users.
The changes will only affect the relationship with the user for the future.
Continued use of the service implies the user’s acceptance of the updated terms. If the user does not wish to accept the changes, the user must cease using the service. Failure to accept the updated terms may result in either party terminating the agreement.
The previous applicable version shall continue to govern the relationship until acceptance by the user. Such version may be requested from the holder.
If required by applicable law, the owner will specify the date by which the changes to the terms will take effect.
Assignment of the contract
The holder reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these terms, having regard to the legitimate interests of the users.
The provisions regarding the amendment of these terms shall apply.
Users are not authorised to assign or transfer their rights and obligations under the terms without the written consent of the owner.
All communications concerning the use of this application should be sent to the contact details indicated in this document.
Should any of the provisions of these terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions, which shall therefore remain valid and effective.
Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These terms constitute the entire agreement between user and holder with respect to the regulated subject matter and prevail over all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These terms shall be enforced to the fullest extent permitted by law.
Should any provision of these terms be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective substitute provision for the void, invalid or ineffective provision.
In the event of failure to agree in the above terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be superseded by the applicable statutory provision.
Notwithstanding 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 provision under the agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unacceptable and excessive burden on one of the parties.
The terms are governed by the law of the place where the holder is established, as set out in the relevant section of this document regardless of conflict of law rules.
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the holder is established, as indicated in the relevant section of this document.
Exception for European Consumers
However, notwithstanding the foregoing, if you act as a European consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection prevails.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
Amicable settlement of disputes
Users may report any disputes to the holder, who will attempt to resolve them amicably.
Without prejudice to the users’ right to take legal action, in the event of disputes relating to the use of this application or the service, users are requested to contact the holder at the contact details indicated in this document.
The user may address a complaint to the holder’s email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.
The holder will process the request without undue delay and within 21 days of receipt.