Terms and Conditions of www.elisacavaletti.it
These Terms govern: the use of this Application and any other Agreement or legal relationship 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.
The entity responsible for this Application is:
DANIELA DALLAVALLE SPA
Via J.A. Fleming, 9/11, Carpi (MO) ITALY
VAT CODE / P.IVA 02966780369
Holder’s email address: email@example.com
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 be applicable 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 relevant clause. If not mentioned, the clauses shall apply to all Users.
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 on Users with respect to whether they are Consumers or Professional Users;
In order to use the Service, the User can open an account by providing all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.
It is the Users’ responsibility to keep their access credentials secure and confidential. 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 and all activities that occur under his/her access credentials.
Users are required to inform the Controller immediately and unequivocally via the contact details set out 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.
Closing an account
You are free to close your account and cease using the Service at any time by following this procedure:
- By contacting the Controller at the contact details in this document.
Suspension and deletion of account
The Owner reserves the right to suspend or delete a User’s account at any time at its own discretion and without prior notice if it considers it inappropriate, offensive or contrary to these Terms.
Suspension or deletion of the 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 release the User from payment of any applicable fees or prices.
Content on this application
Unless otherwise specified or clearly recognisable, all the contents available on this Application are the property of 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 legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims that may be legally exercised, 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 content.
Users are not authorised to use the contents in any way that is not necessary or implicit in 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/alienating to third parties or creating derivative works from the content available on this Application, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and on the condition that the attribution of the paternity of the work is observed, as well as the indication of any other relevant circumstance required by the Owner.
The limitations and exclusions envisaged by copyright law remain unaffected.
Access to external resources
Through this Application the Users may have access to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and regulated by the relative terms and conditions or, in their absence, by the law.
This Application and the Service may only be used for the purposes for which they are offered, according to these Terms and to the applicable law.
It is the exclusive responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Owner reserves the right to adopt 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 carries out or is suspected of carrying out such activity:
- violations of laws, regulations and/or the Terms;
- acts which may considerably prejudice the legitimate interests of the Controller;
- offences against the Controller or a third party.
Terms and conditions of sale
Some of the Products offered on this Application as part of the service are subject to payment.
The fees, duration and conditions applicable to the sale of these Products are described below and in the respective sections of this Application.
Prices, descriptions and availability of the 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 with the greatest possible technical accuracy, the representation on this Application by any means (including, as the case may be, graphic materials, 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 procedure.
Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchase procedure comprises the following steps:
- Users are requested to choose the Product they wish to purchase and verify their purchase choice;
- After checking the information visible in the purchase choice, Users can place their order by submitting it.
Sending the order entails the following:
- The placing of an order by the User determines the conclusion of the contract and places the User under an obligation to pay the price, taxes and any additional charges and expenses as specified on the order page.
- In the event that the Product purchased 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 constitutes the User’s obligation to cooperate accordingly.
- Once the order has been placed, Users will be sent a confirmation of receipt of their order.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including shipping costs) that will be charged to them.
Prices on this Application:
- depending on the section the User is consulting include all applicable fees, taxes and costs or are shown net of applicable fees, taxes and costs.
Means of payment
Details of the means of payment accepted 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 managed 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.
If 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.
If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorise such assignment.
Authorisation for future payments via PayPal
If the User authorises the PayPal function that allows future purchases, this Application will store an identification code linked to the User’s PayPal account. In this way this Application can automatically process payments for future purchases or for the payment of periodic instalments for a previous purchase.
The authorisation can be revoked at any time by contacting the Owner or modifying the personal PayPal settings.
Until payment of the full purchase price has been received by the Holder, 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.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document 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 procedure.
Unless otherwise specified on this Application or agreed with the User, the Products are delivered within thirty (30) days after purchase.
The following applies to Users who do not act as Consumers:
Deliveries are made in accordance with the conditions and times indicated on this Application.
Unless otherwise specified, shipping costs are borne by the User.
The risk of loss or damage of the goods passes to the User at the moment of delivery to the courier.
The Owner shall not be liable in any way for any delivery errors arising 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 appointed by the User.
In the event that the goods are not delivered or collected at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further action.
Unless otherwise specified, each delivery attempt from the second will be at the User’s expense.
In the event that Users do not act as Consumers the above shall be replaced by the following non-delivery rules:
B2B delivery failure
Unless otherwise specified, shipping costs are the responsibility of the User.
The Owner shall not be liable in any way for any errors, delays (including the case where the User does not collect the goods within the time limit set by the Owner or the courier), damage or loss of the goods after delivery to the courier.
If, when unable to deliver, the goods are returned to the Owner, the User shall bear the costs of the resulting storage. The User is obliged to organise a new delivery attempt at his own expense, after agreeing with the Owner on the appropriate time and method of collection.
If the User fails to do so, the Controller may, at his discretion, either withdraw from the contract or arrange a new delivery attempt at the User’s expense.
In both cases, the Controller reserves the right to claim compensation for any damage suffered as a result of non-delivery.
Right of return
Unless there is an exception, the User 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 has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
In order to exercise the right of withdrawal, the User must send the Controller 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. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal 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 you or a third party – appointed by you and other than the carrier – 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 him and other than the carrier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Holder refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Controller shall remain the responsibility of the User.
The refund shall be made without undue delay and in any event within 14 days of the day on which the Data Controller was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is 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.
… on contracts for the purchase of tangible goods
Unless the Data Controller has offered to collect the goods, the User shall return them to the Data Controller or another person authorised by the Data Controller to receive them without undue delay and in any event within 14 days from the day on which he communicated his intention to withdraw from the contract.
The time limit shall be deemed to have been observed if the delivery of the goods to the carrier or other person authorised by the carrier takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned the goods.
The User shall be liable for any decrease in the value of the goods resulting from any use of the goods other than that necessary to establish their nature, characteristics and functioning.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts for the supply of made-to-measure or clearly customised goods.
Legal warranty of conformity of the Product
According to European legislation, the seller guarantees the conformity of the goods sold 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.
If the Users act as European Consumers, the legal warranty of conformity of the goods applies to the items available on this Application in accordance with the laws of the country in which they usually reside.
The national laws of such country may grant such Users broader rights.
Consumers who do not act as European Consumers may have conformity warranty rights under the laws of the country in which they usually reside.
Limitation of liability and indemnity
Limitation of liability
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right which 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, is limited, at the option of the Owner, to the re-provision of the services or payment of the cost of re-provision of the services.
Exclusion of warranty
The Owner provides this Application “as is” and according to availability. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly excludes 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 the User from the Owner or through the Service shall create any warranty not expressly set forth herein.
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, trademark holders, 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 computer system or mobile device or loss of data resulting from such operation or use of the Service by the User.
The Owner does not guarantee, endorse, warrant or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service hyperlinked. In addition, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damage, 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 you specific 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 maximum 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 for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service;
- any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or your User account or the information contained therein;
- any errors, omissions or inaccuracies in the contents;
- personal injury or property damage of any kind resulting from the User’s access to or use of the Service;
- any unauthorised access to the Data Controller’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 similar 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;
- 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 co-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, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of 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 of 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, charges or debts and expenses, including, without limitation, legal fees and expenses arising from
- the use of or access to the Service by the User, including any data or content transmitted or received by the User;
- breach of these Terms by the User, including but not limited to any breach by the User of any representation or warranty made in these Terms;
- infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
- the violation by the User of any applicable law, rule or regulation;
- any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by third parties using the User’s personal username and password or other security measures, if any;
- wilful misconduct on the part of the User;
- the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
The Owner’s failure to exercise any legal right or claim arising from these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive in respect of a specific right or any other right.
Interruption of Service
In order to ensure the best possible level of service, the Data Controller reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.
Within the limits of the law, the Data Controller reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can retrieve their Personal Data and information in accordance with the provisions of the law.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
The 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 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 the trademarks – whether denominative or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear 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 Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.
The changes will only affect the relationship with the User for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Holder reserves the right to transfer, assign, dispose of, novate or contract out any or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the amendment of these Terms shall apply.
The User is not allowed to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Application must be sent to the addresses 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 invalidity of the remaining provisions, which shall therefore remain valid and effective.
Any invalid or ineffective provision shall be interpreted 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 Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find an amicable substitute for the void, invalid or unenforceable provision.
In the event of failure to agree within the above time limits, if permitted or provided for by the applicable law, the invalid, void or ineffective provision will be replaced by the applicable legal provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, 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 unreasonable and unacceptable 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.
Exception for European consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and is ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
The 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 set out in the relevant section of this document.
Exception for European consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
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