General Terms of Sale

  1. General Terms
    1. The following General Terms of Use (from this point forward named “Terms” for brevity) are stipulated between the user of the website, being a physical or legal subject, (from this point forward named “User” for brevity) and the TUSCAN’S CREATIONS S.r.l, C:F. / P.IVA C.F. 00880520515 / P. IVA 00680410503, in the pro tempore legal subject representing the company, with headquarter in 5608 Ponte a Egola (PI), Via Corridoni 20/22, email: shop@tuscans.it, telephone: 0571.49424, (from this point forward named “Vendor” for brevity).
    2. The following Terms regulate the use of the website http://www.tuscans.it, (from this point forward named “Website” for brevity), which the User is required to comply with.
    3. The term User refers to both the Consumer User (the Consumer User refers to the physical person operating on non-related to business, commercial, artisan or professional objectives) and to the Professional User (the Professional User refers to the physical of legal subject operating within his /her business, commercial, artisan or professional objectives, therefore an intermediary).
  2. Definitions
    1. The following terms will refer to the following meaning in these terms:
      1. “Account” refers to the space created by the Vendor, which includes the possibility given to the User to access agreed Services and to set up Personal Settings.
      2. “Order Confirmation Notification” refers to the notification sent via email by the Vendor to the email address provided by the User. It is sent by the Vendor once the order has been placed by the User as acknowledgment of the order placement and availability of the selected Products. The notification will include: a reference to the Terms, the order number, the shipping and invoicing information, the list Products ordered with their main features and the cost including the cost of shipping.
      3. “Notification of Product Unavailability” refers to the notification sent via email by the Vendor to the email address provided by the User. It is sent upon receiving the order and notifies the User of one or more Product unavailability.
      4. “Contents” refer to any music, sound element, photography, imagery, video, message or any other material, including the Data, uploaded and / or available on the Website.
      5. “Authentication Credentials” refer to the user name and password and / or any other authentication method through which the User can access the Account and / or use the Services the Vendor made available and which require prior Registration.
      6. “Personal Data” refers to any information, including those related to the identifiable or unidentifiable physical subject, such as name, surname, email address, telephone number, any interests or purchase habits and / or any other type of personal data provided by the User to the Vendor upon registering the account.
      7. “Website Rights” refer to all the Rights related to the software of the Website, including specifically the sole rights as per the law n. 633 22 April 1941, and subsequent alteration and integrations, specifically of the articles 64-bis ss. of the law. By way of example and not comprehensive the following rights are included in the Website Rights: the sole right of duplication, execution, upload, processing, adapting, translation, distribution, public distribution, distribution of processed and /or modified and / or adapted versions with focus on the software of the Website,
      8. “Account Settings” refer to the specific section of the Website, accessible via the User Account, where the User can update and / or modify the Data provided upon registering the Account.
      9. “Privacy Policy” refers to the personal information processing, as per the article 12 of the Legislative decree 30 June 2003, n. 196 and subsequent alteration and integration. Unless specified otherwise, the Privacy Policy will be published on a designated page of the Website and will be accessible via hypertextual link both from the Website footer and upon creating the order of one or more Product.
      10. “Products” refers to all products on sale from the Vendor via the Website, as per the description in the Product Pages.
      11. “Program” refers to the computer program, which is at the core of the Services and functionalities available via the Website, including the functional and graphic interfaces, of sole ownership of the Vendor and of which the Vendor holds all rights as per article 64 bis of the Law 633 of 22 April 1941 and subsequent alterations and whose use is granted accordingly to the regulations below, to the User.
      12. “Reviews” refer to the specific type of Content consisting on any type of information (e.g. messages and or imagery and or video etc.) through which the User can publish his / her opinion and feedback on the Product offering available on the Website.
      13. “Registration” refers to the IT procedure through which a physical or legal subject, once accessed the Website, is enabled to use the Services requiring Registration, as well as creating the personal Account. To successfully register the User is required to enter some personal data which will be safeguarded by the Vendor.
      14. “Product Page” refers to a specific area of the Website in which the following are present: i) the registered name of the Product sold by the Vendor via the Website; ii) the main features of the Product; iii) the cost of the Product, including levy; iv) the Product availability; v) any applicable cost of shipping.
      15. “Advisory” refers to a notification made by the User to the Vendor, through which the Vendor is notified of a possible illicit Content and through which a removal and / or a disable is required.
      16. “Services” refers to all functionalities that the Vendor offers to the Users of the Website. These include the visualisation of the Product Pages and the online purchasing system.
      17. “Use of the Website” refers to any operation carried out by the User from the first access to the Website, including the consultation of the Product Pages, from any handset (e.g. PC, tablet or smartphone), the type of connection (private, of third party, public, WI-FI) and the location of the connection.
    2. It is explicitly understood that the definitions in the present Terms have the same meaning (with the exception of the number) should they be used in plural form or vice versa.
  3. Terms of the use of the Website
    1. The User can not use the Website or any Content to create detriment to the Vendor or to third parties. The User is forbidden to use the Website or its Content in any competition activity or in any way which can damage or detriment to the interests of the Vendor, Users or third parties, both financial and of image.
    2. The Website is accessible to both minors and adults. The purchasing of Products can be carried out exclusively by adults.
    3. The User is responsible of the use of Services and the functionalities created by the Vendor and available through the Website in compliance to the law in force. The User shall not use the Services and functionalities for any financial activity which is in disagreement to those allowed by the Vendor, including by way of example:
      1. the upload, publication, transmission and or distribution, in any way or form through the abovementioned Services of functionalities, of illegal or forbidden Content, including by way of example videos with nudity, pornography or sex, inappropriate child imagery, violence, corpses or wounded men, animal abuse, as well as messages and or material which use obscene, blasphemous, pornographic, racist or libellous language towards other Users and or physical or legal subjects, as well Content for which the User does not hold the rights or authorisation of use;
      2. the violation of any third-party rights, including the imagery rights, name, decorum, honour and reputation, including the commercial one;
      3. the distribution of the Content and or pre-ordered material to the commission for illicit activity, including by way of example, violence incitement and or to felony of any nature;
      4. the spreading of viruses and or IT tools which can compromise the security and integrity of the IT equipment (e.g. cc.dd.malware, trojan, horses etc.);
      5. istribution and highlight of links to websites where the abovementioned forbidden activities are carried out;
      6. improper behaviour in the interaction with other Users during the use of the Services and functionalities;
      7. carrying out activities which can be associated to spamming and or any type of unwanted interaction with other Users.
    4. for the use of specific Services and or functionalities the creation of an Account may be required. This means that Users may be required to provide information which enable identification. In agreement with the Law Decree n. 196 30 June 2003 the Vendor must collect and safeguard the personal data which enable the User identification. The User therefore is responsible to provide correct and comprehensive data regarding his / her identity and will not usurp someone else identity. Should the User not comply to this the Vendor reserves the right to unconfirm, suspend or cancel the Account without notice and with immediate effect, with the exclusion of any indemnity, refund and or compensation to the User.
    5. The User is responsible of the safeguard of the Authentication Credentials, which constitute the confidential data of which the User is the sole responsible, also in relation to the activities related to their use.
    6. The User commits to promptly contact the Vendor using the contacts provided in the article 1 and to communicate promptly and in writing the possibility of loss or theft of the Authentication Credentials to request the deactivation and subsequent substitution of those by the Vendor, as well any alleged use of the Services and functionalities provided by unauthorised third-partied via the Website.
    7. It is understood that the Vendor can not be held responsible for any detrimental or damaging consequences as a result of the wrong use, loss, theft and or compromised confidentiality of the Authentication Credentials, in the event of failed communication by the User.
    8. The User acknowledges and agrees that the publishing of Reviews of Products by the Vendor is subject to the following terms and conditions: i) it can not use a vulgar, blasphemous or improper language, in relation to the Website; ii) the content of the Reviews can not be fake and or untruthful; iii) the Reviews can be published solely by the Users which have purchased the specific Product reviewed; iv) it is forbidden to publish “negative” Reviews with the sole purpose to discredit the professional image and reputation of the Vendor; v) it is forbidden to use offensive and or vulgar language towards other Users.
    9. The user is aware that the publishing of the Review is subject to Precautionary Moderation by the Vendor.
    10. The User is aware that the Vendor reserves the right, but not the duty, to remove at its own discretion and without responsibility towards the User, the Reviews which are not compliant with these Terms and that may be viewed by the Vendor as follows: i) it is not suitable with the contest of the Website; ii) fake and or untruthful; iii) published by Users who have not purchased the Product; iv) they have the sole purpose of discredit the professional image and or reputation of the Vendor and or third-parties; v) they contain offensive and or vulgar language towards other Users.
    11. The User is aware that, during the navigation on the Website, could come across Content, also referring to other Users, which are untruthful and or reprehensible. Should this be the case, the User is encouraged to send an Advisory to the Vendor using the contact details as per article 1.
  4. Alterations of the Website and of the General Terms and Conditions
    1. The Vendor reserves the right to amend, at any moment, and at sole discretion and without notice, all amendments, integrations and or updates deemed necessary to the Website, Content (e.g. prices), to the Program and or other material available through the Website (including the General Terms and Conditions.)
    2. It is understood that any alterations and or updates will not have effect on the contracts stipulated before said alteration and or updated between the Vendor and User.
    3. Alterations and or updates will have retroactive effect only in the event that those are forced by law decrees and or by administrative, government or judiciary authorities.
  5. Precontractual Information for the Consumer – article 49 of the Law Decree 206/2005
    1. The User, prior the finalisation of the contract of purchase, shall acknowledge the features of the Products available in the Product Pages, which are available to the User.
    2. Prior the finalisation of the contract of purchase and prior the validation of the order with the “payment commitment” the User is informed about:
      • total cost of the Products including the levy, with the detailing of the shipping and any other cost;
      • method of payment;
      • the due date within which the Vendor will deliver the goods;
      • terms and conditions and procedures related to the right of cancellation;
      • Information on the legal warranty of compliance for the purchased Products.
    3. The User can at any time, prior the finalisation of the contract, view the information on the Vendor, information which are also listed below: TUSCAN’s Creations S.r.l., in the pro tempore legal subject representing the company, with headquarter in 5608 Ponte a Egola (PI), Via Corridoni 20/22, email: shop@tuscans.it, telephone: 0571.49424 and which are always available in the “Contacts” section of the Website and or in the footer of the Website.
  6. Purpose of the contract
    1. The following Terms guideline: i) the trade of the Products purchased by the User through the Website; ii) the purchase of further accessory Services; iii) the navigation on the Website by the User, as well as the use of all Services and functionalities available to the User through the Website.
    2. The User is explicitly informed that the purchase of the Product is reserved to the Users that have successfully completed the Registration process.
    3. The User is specifically informed and acknowledges that the Vendor reserves the right to deny and or cancel orders placed by: i) Users that have previously breached the Terms and Conditions; ii) that have been involved in frauds of any type, especially if related to credit cards; iii) by Users who have provided false or incomplete personal data; iv) by Users residing in Countries far away from the Country of Origin of the goods (Italy) – this is due to problems linked to transport and taxes.
    4. If, upon receiving the goods, the User notices problems or big imperfections with the goods kindly email shop@tuscans.it. Imperfections related to craftmanship are not considered mistakes as they confirm the uniqueness of the product.
  7. Procedures of contract improvement
    1. Features and cost of the Products on sale on the Website are listed in the relevant Product Pages.
    2. In order to purchase the Products, the User will need to fill in and send the digital order form, following the instructions listed on the Website. The User will need to add the Product to the “Basket” and, once the General Terms and Privacy Policy have been acknowledged and accepted, will need to enter the information related to shipping and invoicing (if requested), select the method of payment and confirm the order.
    3. By sending the order from the Website, which acts as contractual proposal, the User recognises and confirms the acknowledgment of all the information provided during the purchasing process and to fully accept the General Terms and Conditions and the payment method as well as the Privacy Policy.
    4. The contract (from this point forward the “Contract”) stipulated between the Vendor and the User is to be considered concluded with the acceptance of the order by the Vendor. The acceptance of the order will be notified to the User via the Confirmation of Order Advisory.
    5. Although the right of cancellation will be available, the User is explicitly informed and agrees that, once the Confirmation of Order Advisory is received, will have 12 (twelve) hours to communicate to the Vendor (via email and or other methods listed on the Website) potential mistakes with the Order. Once the term is concluded the order will be processed and consequentially shipped and amends to the order will no longer be accepted. The right of the User to cancel the order can be applicable.
    6. The risk of loss of damage of the Products by factors not correlated to the Vendor is transferred to the User only when the User, or a third-party appointed by the User and not the carrier, is in possession of the Products.
    7. The risk is transferred to the User at the moment of delivery of the Product to the carrier if the latter is chosen by the User and that the choice differs from the recommended option provided by the Vendor, with the exception of the rights of the User towards the carrier.
  8. Product Information
    1. The Vendor will do everything in its abilities to accurately describe and show the features of the Products, including composition and colours. Despite all the effort, some mistakes, inaccuracies or small differences between the Product on the Website and the physical Product. Specifically, the quality of the colours is related to the operating system of the computer or any other electronical device used by the User; the Vendor therefore is not able to guarantee that the computer or electronic device used by the User will be able to perfectly render the colours.
    2. The imagery of the Products published on the Website do not constitute a contractual element as those are representative only.
  9. Product Availability
    1. Product Availability – as specified in the Product Pages – refers to the actual availability of the Product when the order is placed by the User. This is an approximatively availability as, due to circumstances not in direct correlation to the Vendor and therefore out of its control (e.g. multiple Users visiting the Website), the Products could be unavailable.
    2. In the event that one or more Products are not available the Vendor will send the User a Notification of Permanent Product Unavailability. Once said advisory has been received the User, within the consequential 48 hours, will have the right to reply and confirm the shipping of the available Products or cancel the order. Should the reply fail to be received the order will be considered confirmed and the Products will be shipped. At any rate, the amount related to the missing Products will be refunded to the User using the same method of payment chosen by the User, within 7 days of the received notification of the order amendment.
    3. The Vendor denies any responsibility towards the User or third-party in relation to the point 1 and 2.
  10. Prices, payment methods and invoices
    1. The Product prices listed on the website are in Euro and are inclusive of VAT and levy, as well as any ancillary and additional costs, such as costs of shipping in Italy. For all other countries the cost of the product will include an automatically calculated sum for all additional costs.
    2. In the event of an IT, technical, human or any other mistake which can generate a substantial change of the cost of sale and unforeseen by the Vendor, the purchase order will be considered invalid and will be voided. The Vendor will inform the User via email and will refund the sum within 5 days from the received cancellation email.
    3. Aside what explained in relation to the refund, any further responsibility of the Vendor towards the User or third-parties is to be excluded.
    4. Methods of Payment:
      • Credit / Debit Cards. The payment of Products can be made via credit or debit card accepted by the Vendor and listed in the footer of the Website and or in the Product Sheet and or in another section of the Website as well as upon finalising the order. The Vendor reserves the right to ask the User to provide a valid ID in order to prevent frauds and or to guarantee the payment safety on the Website. In the event the User will not send within the specified terms as per the request notification the contract will be considered resolved by right in agreement with the article 1456 and the order will be considered cancelled.
      • Bank Transfer. The payment of the Products can be made via bank transfer to the bank coordinates provided in the dedicated area on the Website (the individual Product Sheet or once compiling and confirming the order). It is understood that the delivery of the Products is influenced by the actual clearance of the payment by the Vendor.
      • Payments handled by third-parties. The payment of the Products purchased on the Website can be made using third-party payment suppliers (as way of example PayPal, Stripe etc.) which will be analytically listed upon finalisation of the payment order. In such cases the User will be redirected to the listed website and or the app of the payment supplier where the payment will be processed in agreement with the procedures and the contractual terms of the supplier.
      • Further methods of payment listed on the Website. The payment of the products purchased on the Website can be processed via further methods as listed by the Vendor and advertised on the Website in the dedicated areas such as the order finalisation area and prior the final confirmation of the order.
    5. The User is aware and acknowledges that the data related to payment transactions can be saved, in compliance with the Privacy Policy, in the servers used by the Vendor.
    6. Communication related to payments and the data provided by the User are carried out using dedicated and encrypted lines. For further information please refer to the certifications published on the Website.
    7. Invoicing Methods:
      • The User can request the invoice for the purchase to the Vendor by ticking the dedicated box during the order procedure or with the diverse methods listed on the Website, by notifying the data for invoicing including the fiscal code and or the VAT number. The User is the sole responsible of the correct imputing and or communication of the invoicing data.
      • The Vendor will provide the invoice to the User via email
  11. Delivery methods
    1. The Vendor is responsible for the delivery of the purchased Products via express courier to the address provided by the User upon purchasing the order within and no more than 7 days from the date the order is received within Italy, and within and no more than 30 days for all other countries for the Acknowledge of the Order Confirmation or, if later, from the date of the payment clearance by the Vendor.
    2. The User is made aware that there could be delays for one or more reasons not imputable to the Vendor such as (and not comprehensive): i) potential personalisation of Products; ii) shipping area; iii) unforeseen circumstances and or force major.
    3. Should the Vendor not be able to fulfil the shipping of the Product within the agreed terms, the Vendor will contact the User to enquire whether the User wishes to continue with the order and agree on a new delivery date or to cancel the Contract.
    4. Taking these Terms into consideration the delivery is considered fulfilled once a signature has been placed on the form at the address provided by the User in the order form.
    5. In the event that the courier will not find anyone at the provided address in two consecutive occasions the Vendor will notify the User, who in turn will need to contact the Vendor in order to reschedule the delivery or cancel the Contract.
    6. The User is made aware that the delivery of Products can be made in all countries listed by the Vendor in the individual Product Pages as well as prior the final order confirmation.
    7. The Consumer User is explicitly made aware that, in any event of failed delivery without respecting the terms stated by the Vendor, in accordance with the article 61 comma 3 of the Consumer Code, must request the Vendor to reschedule the delivery within an additional term, befitting the circumstances, before proceeding with the termination of the Contract. The Consumer User can omit the request of delivery rescheduling as abovementioned in the following circumstances, as per the article 61 comma 3 of the Consumer Code: i) the Vendor explicitly refused to deliver the Products; ii) if the terms of delivery, once taken into account the circumstances that led to the termination of the Contract, must have been considered mandatory; iii) if the Consumer User has preventively informed the Vendor that the terms of delivery should have been considered mandatory and has done so in writing to the contact details listed in the article 1.
  12. Right of Termination
    1. Despite the commitment and attention placed in creating imagery and or accurate descriptions of our articles / products, electronic devices do not guarantee the perfect rendering of the product. For this reason, the termination model has been created, to provide the User with reasonable time (14 days) to decide whether to keep or return the product.
    2. The User qualifiable as Consumer (named “Consumer User”) has the right to rescind the Contract without penalties or providing a reason, within 14 days from receiving the Products.
    3. In the event of multiple purchases made by the Consumer User, made with one order and delivered separately, the 14 days term becomes effective from the date in which the last Product is received.
    4. The Consumer User who intends to exercise the right of termination must notify the Vendor via a declaration, which can be delivered via registered email a.r. or via email to the address listed in the article 1 or to a different address which can be provided to the Consumer User by the Vendor.
    5. The termination form can be signed in the dedicated area of the account and no additional cost.
    6. In accordance with the article 57 of the Law Decree 206/2005 (Consumer Code), in the event of the exercise of the right to rescind the contract, the Consumer User must return the goods within 14 days from the notification to the Vendor of the will to terminate the Contract.
    7. The goods must be shipped to the Vendor following the instructions related to returns sent via email. The instructions need to be requested in the Return area of the account.
    8. The costs incurred in relation to the return of the Products will be absorbed by the Consumer User, with the exception of the shipping cost should it be carried out by the courier and on the date chosen by the Vendor.
    9. Products must be returned in perfect conditions in their original packaging, comprehensive of all their parts (including packaging, labels and any documentation and accessories such as manuals etc.) and including the fiscal documentation. Once the above has been verified, the Vendor will refund the sum related to the Product subject of the return, inclusive of any cost of shipping, within the term of 14 days from the receipt of the notification sent by the Consumer User. Should the product be damaged, broken, used and or not in mint conditions the cost of repair, deducting it from the final refund.
    10. The right of termination is applicable to the Product purchase in its entirety; therefore, should the Product account more components or parts, it is not possible to exercise the right of termination exclusively on one part of the purchased Product, unless differently agreed by the Vendor and the Consumer User.
    11. As per article 56 comma 3 of the Law Decree 206/2005 (Consumer Code), amended by the L.D 2172014, the Vendor can suspend the refund until the receipt of the Product(s) or until the proof of return of the goods, to be provided by the Consumer User to the Vendor.
    12. The Vendor will issue the refund using the same method of payment chosen by the Consumer User upon purchasing the product. The Vendor can use a different payment method only if the Consumer User has agreed to the change in method.
    13. In the event that terms and conditions of the right of termination as listed in this article are not respected the Consumer User will not be eligible for the refund of the sums paid. In this case the Consumer User can re-request the Products (which will be received in the same conditions received by the Vendor), the cost of delivery will be paid by the Consumer User. Failing that, the Vendor can keep the returned Products as well the sums paid by the Consumer User in relation to the purchase.
    14. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to Products whose price is linked to fluctuations in the financial market that the Seller is not able to control and which may occur during the withdrawal period.
    15. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to custom made or personalised Products.
    16. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to Products which are at risk of damage or short expiry date.
    17. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to sealed Products which are nor suitable for returns due to hygiene or health conditions and that have been opened after the delivery.
    18. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to Products offered by the Vendor which, once delivered are mixed with other Products.
    19. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to Products offered by the Vendor which include alcohol beverages, whose price had been agreed upon finalising the sale contract and whose delivery can take place only after 30 days and the effective value is connected to market fluctuations, and therefore can not be controlled by the Vendor.
    20. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to Products offered by the Vendor which include safety sealed video or audio recordings or IT software which have been opened after the delivery.
    21. In accordance with the article 59 of the L.D. 206/2005 (Consumer Code), the right of termination of the contract is not applicable to Products offered by the Vendor which include newspapers, magazines and publications (with the exclusion of subscription contracts related to the supply of these publications)
    22. It explicitly excluded by the right of termination with reference to closed Contracts between the Vendor and the User qualifiable as Professional (named “Professional User”).
  13. Warranty
    1. Each Product purchased by a Professional User will benefit of the warranty as per article 1490 e ss.cod.civ (Civil Code); the Professional User can use the warranty up to 12 months from the receipt of the purchased Product and the warranty must be used in agreement with the terms in the article 1495 of the Civil Code.
    2. Each Product purchased by the Consumer User will benefit of the free legal warranty as per articles 128 and ss. of the L.D. 206/2005 (Consumer Code). The Legal Warranty is provided by the Vendor and it is applicable to compliance faults displayed within 24 months from the date of delivery of the Product and that have been reported by the Consumer within 2 months following the discovery of the flaws, in accordance to the article 132 of the Consumer Code. In the event of compliance fault, the Consumer User has the right, without additional cost, to the repair or replacement of the Product, or to a price reduction or termination of the Contract. The Consumer User will be the owner of the rights deriving from the Legal Warranty as described above, regardless to the subscription of other warranties, being them conventional, free or paid for.
    3. It is understood that the User, being it Consumer or Professional, will not have the right to any type of warranty in relation to any faulty Product or component as per below and in compliance with the applicable law:
      1. the Products have been repaired or altered by third-parties, excluding the producer and or Vendor or any authorised subject; and or
      2. the compliance flaw of the Product(s) is displayed after the 2 (two) year term of the delivery of the Product and or the related reparation or substitution of the flaw Product(s); is reported after 2 (two) months from the discovery of the fault (applicable to the Consumer User); the Professional User has breached the terms of regulation and forfeiture as per article 1495 of the Civil Code; and or
      3. the faults are caused (fully or partially) by improper use or preservation or maintenance of installation, carried out by subjects other than the producer, Vendor or any authorised subject – therefore without following the guidelines provided together with the Products; and or
      4. Upon closing the Contract, the User was aware of the fault and could have not ignored it with diligence; and or
      5. The compliance fault is caused by guidelines or materials provided by the User.
    4. The User is explicitly made aware and acknowledges that any further warranty by the Vendor is excluded (as way of example: commercial warranties etc.).
  14. Limitation and exclusion of responsibility
    1. In accordance to the measuring allowed by the current regulation, it is excluded any responsibility by the Vendor in relation or deriving from a Contract stipulated with the User and or the use of the Services and or functionalities available to the User via the Website.
    2. Consequentially and accordingly to what allowed by the current regulation, any right of compensation, refund, reimbursement (direct or indirect, property tax, potential, actual or future ones) to people and or things, connected or deriving the Contract stipulated between the User and or the use of the Services and or functionalities available to the User via the Website are excluded.
    3. In any event and in accordance to what stated above, potential responsibilities of the Vendor in relation to Products purchased through the Website is exclusively limited to the cost of purchase of the related Product.
    4. Without prejudice towards the above stated, the responsibility of the Vendor is not excluded or limited in the following cases: i) in the event of death or personal damages caused by the Vendor’s negligence; ii) in the event of fraud or fraud activities carried out by the Vendor; iii) in any illegal or illicit circumstance in which the Vendor will try to limit or exclude its responsibility.
    5. The responsibility of the Vendor is immediately and mandatory excluded when the non-compliance or delay in compliance of the obligation directly or indirectly related to the Conditions is imputable to fortuitous event, force major or any other cause outside the control of the Vendor. It is therefore understood that the deriving obligations – direct or indirect – of the Conditions are suspended for the whole term in which the abovementioned causes may subsist.
  15. Interruption of the Services and functionalities of the Website
    1. In accordance to the article 1460 of the C.C., the Vendor reserves the right to interrupt, partially or fully, with the exemption of refunds, indemnity, reimbursement of any kind and nature, the User access to the Services and functionalities available via the Website in the following cases: a) amendments, maintenance of the Website and specifically to its Services and functionalities, carried out by the Vendor; b) dispute and or requests of any kind requested by the competent authority, in accordance to the L.D. 70/2003 for the “hosting” activities; c) dispute and or violations carried out by the User of the obligations originated by the Conditions.
  16. Intellectual Property
    1. The User recognises the exclusive ownership of the Vendor on any Right and any right related to the Program.
    2. The User explicitly agrees to non-reproduce, also partially, or modify, distribute, decompile or provide in any way (both freely and upon payment) the Program, and to avoid distribution, spreading or creation of content based – fully or partially – on the Program, unless authorised by the Vendor.
    3. The Vendor, with the sole purpose of access and use of the Services and functionalities on the Website, grants the right to the User of the non-exclusive license, personal and non-transferable for the use of the Program. It is understood that the User will not be able to copy, alter, create works originating from the Program in order to obtain the source code, or sell, sublicense, lease or transfer to third-parties any Right on the Program and will not allow third-parties to do so. Should the User breach the terms a reimbursement of damages will be applicable.
    4. In agreement with the above in regard to the Program, the User recognises and acknowledges any copyright, registered brand and any Right and or Intellectual Property Right related to the material and or content present on the Website are the sole property of the Vendor and or of those who granted the Vendor the licenses for its use. The User can use the material and or content only with the authorisation of the owners and in the terms specified in the authorisation.
  17. Indemnity Clause
    1. The User, with the exception of the right of the Vendor to request indemnity for any potential damage caused by the User – declares and pledges to keep the Vendor unharmed and undamaged from harassment, legal action as per the Terms and Conditions, specifically those deriving the articles 3 and 16. This is also applicable to the subjects linked to the Vendor or controlled by it, including representatives, employees and any partners.
  18. Privacy
    1. The Personal data transmitted from one Party to the other in conformity to the Terms and Conditions will be used by the receiving Party in compliance of the current legislation and with purposes directly linked to the contractual relationship. Each Party agrees and ensures that the Data can be used and safeguarded in accordance to the abovementioned purposes.
    2. For any further information in regard to the processing of Personal data, the User is invited to carefully read the Privacy Policy available on the Website.
  19. Various
    1. The General Terms and Conditions include the agreements between the Parties and void or replace any previous agreement stipulated with the same subject. Any further agreement added or waiver to the terms contained here will need to be put in writing by the Parties and signed by both.
    2. The potential invalidity or inefficiency, in accordance to the Italian jurisdiction, or one of the predictions stated in the Terms and Condition will not void or compromise the validity or effectiveness of the remaining predictions towards each of the Parties.
    3. The potential failed exercise of the rights and powers deriving the Terms and Conditions by the Vendor does not constitute in any way the abandonment of said rights and powers, and should be considered as an act of lenience.
    4. The present Terms and Conditions do not determine the corporate or associative bond between the Parties and do not imply any representative relationship between them; therefore, neither Party will have the right to act in the name and on behalf of the Other.
    5. Unless differently instructed, any communication between the Parties in relation to the present Terms and Conditions shall be made in writing and will be considered valid and carried out if received by the other Party at the addresses listed in the article 1, or at any other delivery address provided by each Party, prior notification of the change.
  20. Applicable Law and Court Jurisdiction
    1. The present Terms and Conditions are disciplined by the Italian Law.
    2. Specifically, any purchase of Product made by a User qualifiable as Consumer will be regulated not only by these Terms and Conditions, but also by the Law Decrees 206/2005 (Consumer Code) and the 70/2003.
    3. Any Product purchase by a User qualifiable as Professional will be regulated exclusively by the present Terms and Conditions as well as the Civil Code, although not expected in the article.
    4. For any dispute related to validity, effectiveness, execution of the present Terms and Conditions, specifically of those deriving or connected to each purchase order, as well as the related Website navigation carried out by the User will be exclusive competence of the Court of Pisa unless the mandatory court of the residence or domicile of the User is qualifiable as Consumer, as per the Consumer Code.
    5. For the above stated disputes, it is possible to file an appeal to the arbitration procedures as per L.D. 28/2010.
    6. In accordance with the article 14 of the European Regulation number 524/2013, please find below the link to access the EU ODR platform (Online Dispute Resolution) https://webgate.ec.europa.eu/odr/main/?event=main.home.show.