July 13, 2022 edition
The Internet site www.gurmido.com (hereinafter, the “Site”) is owned by Pasquale Santamaria Individual Enterprise (hereinafter, “Owner” OR “Seller”), VAT No.: 04283740613, with registered office in Caserta (CE) Via Roma no. 188, ch. 81100, R.E.A. registration: 343721.
Any information, support, inquiries or complaints can be forwarded to Customer Service via email by writing to: email@example.com or by calling 392 1477559
This document can be printed using the print command found in the settings of any browser.
1. USE OF THE SITE
By using the Site and/or placing orders through it, you agree:
- To use the website exclusively for lawful activities;
- not to place false or fraudulent orders; where there are plausible grounds for believing that such orders are being placed, Holder reserves the right to cancel the order and inform the appropriate authorities;
Where information is not provided in full, your order cannot be followed up.
By placing an order through this Site, you warrant that you have reached the age of majority (18 years old) and therefore have the legal capacity to enter into binding contracts.
The Owner is not responsible for any inconvenience or damage resulting from the use of the Internet, including interruption of service, external intrusion or presence of viruses, or any other force majeure incident.
2. INDUSTRIAL AND INTELLECTUAL PROPERTY
The domain name of the Site is owned by the Owner. The Site and its elements are the exclusive property of the Owner, who alone owns the rights to use and exploit the trademark.
The Site in its entirety, as well as its individual elements (photographs, texts, videos, logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Copyright Law.
Any total or partial reproduction, downloading, modification or use of the trademark, videos, logo, and any other elements on this site, for any reason and in any medium, is strictly prohibited without the prior written consent of the Owner.
General Terms and Conditions of Sale
These general conditions of sale (hereinafter “General Conditions of Sale”) govern the use of the Site and the contractual relationship between the Holder and the Customer, having as their object the purchase of the items marketed by the Holder through the Site and are made available to users in such a way that they are permitted to store and reproduce them.
The Holder is committed to making these documents usable and up-to-date at all times. They may be changed or updated at any time by the Owner and you agree to review them before placing any order.
1.1. “Contract” means the distance sales contract, i.e., the legal transaction having as its object tangible movable goods marketed by the Site, made at a distance between the Holder and an end user, within the framework of a distance sales system organized by the Holder that employs exclusively the Internet as a distance communication technology.
The distance contract is regulated by Chapter I, Title III (Art. 45 et seq.) of Legislative Decree Sept. 6, 2005, no. 206 (“Consumer Code”), when it involves a consumer, and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.
1.2. The expression “Customer” or “Buyer” means the consumer as a natural person, who is 18 years of age or older, and who executes an order for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out by him/her, if any, or the professional, understood as the natural person or legal entity acting in the exercise of his/her entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof.
The Holder reserves the right not to process orders received from users who are not definable as “Customers”.
1.3. The expression “Order” means the proposed purchase that the user sends to the Site Owner, completing the described order procedure.
2. SERVICE AVAILABILITY
2.2. The Holder reserves, the right not to accept orders, from anyone, that are abnormal in relation to the quantity or frequency of purchases made on the site. The Holder also reserves the right not to accept orders from (a) users with whom legal disputes are pending; (b) users involved in credit card payment fraud; (c) users who have issued identifying information that later turns out to be false, incomplete or inaccurate.
3. SCOPE OF APPLICATION.
3.1. Hereby, the Holder sells and the Customer purchases at a distance, through telematic means, the tangible movable goods indicated and offered for sale on the Site.
3.2. The tangible movable assets referred to in the preceding point are described in the relevant information sheets (“Product Sheet”), which illustrate their main characteristics. It is understood that the pictures and descriptions included therein may not be perfectly representative of the products which may differ in color or size. The Owner is committed to ensuring that the products are represented as closely as possible to reality.
3.3. These Terms and Conditions do not regulate the sale of products or provision of services carried out by third parties using direct links to the Site through banners or through other hyperlinks/links. On the websites that can be consulted through such links, the Owner does not perform any kind of control/monitoring. Therefore, under no circumstances can the Owner be held responsible for goods or services promised by third parties or for the performance of transactions between customers of the Site and third parties.
3.4. These Terms and Conditions may be changed at any time. Any changes and/or new conditions will be in effect from the time of their publication in the “General Terms and Conditions of Sale” section of the Site. For this reason, users are encouraged to consult the most up-to-date version of the General Terms and Conditions of Sale before placing any order. The General Terms and Conditions of Sale applied are those in effect on the date the purchase order is sent. You are required to carefully read these General Terms and Conditions of Sale, which you are permitted to store, reproduce and print on a durable medium, as well as all other information provided, before and during the purchase process.
3.5. These Terms and Conditions do not include the assembly or installation of the products marketed herein, which are not the subject of this contract and are therefore excluded from it.
4. ORDER SUBMISSION AND CONTRACT CONCLUSION PROCEDURE
4.1. These Terms and Conditions and the details contained on the Site are merely an invitation to make a proposal to purchase products on the Site and not an offer to the public;
4.2. In implementation of the provisions of Legislative Decree April 9, 2003, no. 70, containing provisions on electronic commerce, the Holder informs customers that:
– The contract between the Owner and the Customer is concluded through the Internet network by means of the Customer’s access to the address of the Site, where, following the indicated procedures, the Customer will arrive to formalize the proposal for the purchase of the products therein.
– The purchase contract is concluded by completing the procedure described below, available in the Italian language only, which can always be corrected, modified and cancelled, up to the moment the order is sent:
a. Upon accessing the Site, the user must add the desired products to the shopping cart, complete all subsequent pages, including the registration page or entering login credentials if already registered, by following the instructions, and electronically transmit to the Seller the purchase proposal complete with all required data;
b. order summary: Before placing your order, you will be asked to identify and correct any possible errors that may have occurred while filling in the fields and to read these Terms and Conditions carefully, to print a copy of them using the print option, and to save or request a copy for your personal use. The order summary will show: the products selected, the price of the products, including taxes, shipping costs and time, other additional costs (if applicable);
c. To submit the order, the user will need to click on the “Proceed to Payment” button;
d. the order will be deemed to have been submitted when the Holder electronically receives the duly completed order form and the order information has been preliminarily verified as correct.
4.3. By placing an order, the Customer declares that he/she has read all the information provided to him/her during the purchase process and, by means of the checkbox provided, declares his/her full acceptance of these General Terms and Conditions of Sale. By placing an order, the Customer expressly acknowledges that this implies an obligation to pay the price and other amounts due under these Terms and Conditions of Sale and that the order may not be modified or cancelled.
4.4. Orders are subject to acceptance by the Seller, who reserves the right, at its discretion, to refuse the order, including in cases where:
(a) the order cannot be fulfilled due to an error in the information provided by the Buyer when placing the order (e.g., payment card; expiration date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information;
(b) an error occurred on the Site: e.g., an error related to the price or product description;
(c) an error occurred in the availability of the product.
4.5. After placing the order, the Customer will receive, at the email address indicated during registration, an email confirming receipt of the order by the Holder (the “Order Confirmation”), containing: the details of the Customer and the order, the essential characteristics of the goods purchased, a summary of the general and particular conditions applicable to the contract, the price of the goods purchased, the means of payment chosen, shipping costs, applicable taxes and duties, an indication of the right of withdrawal and the shipping address to which the goods will be sent. The Client agrees to verify the accuracy of the data contained therein and promptly notify the Holder of any corrections at firstname.lastname@example.org.
4.6. As a purchase proposal, the contract will be considered concluded only with the Order Confirmation email, which is equivalent to acceptance of the purchase proposal. Only the products indicated in the Order Confirmation will form the subject of the contract.
4.7. The purchase contract shall be deemed terminated in the event of non-payment, even in part, of the price of the product, shipping costs, if any, and any other additional costs, as resulting from the order (“Total Amount Due”). In the event that the Total Amount Due is not paid or the successful payment is not confirmed, the purchase agreement shall be deemed to be terminated as of right pursuant to and in accordance with Art. 1456 c.c.. Of such termination and the resulting cancellation of the order, the Customer will be notified.
4.8. Pursuant to Art. 12 of Legislative Decree. 70 of 2003, the Holder informs the Client that every order sent is stored in digital or paper form at its premises, according to criteria of confidentiality and security. The Client may at any time request a copy from the Holder by writing to: email@example.com
5. PRODUCTS AND THEIR AVAILABILITY
5.1. The tangible movable property that is the subject of the contractual relationship governed by these Terms and Conditions are the items in the electronic catalog published on the Site at the time the order is placed by the Buyer. Each product is accompanied by an information sheet (“Product Sheet”), which explains its main features. It is understood that the pictures and descriptions included therein may not be perfectly representative of the products which may differ in color or size. The Owner is committed to ensuring that the products are represented as closely as possible to reality.
5.2. All product orders are subject to product availability. The availability of products refers to the time when the Customer consults the product sheets and should still be considered indicative since the Site may be visited simultaneously by several users, and it could happen that, at the same time, several users place the order for the same product. Therefore, it may happen that the Site’s computer system marks as available a product that is actually not available, because it was sold to others before the order was confirmed. In such cases, the Holder cannot in any case be held responsible for the unavailability of one or more products.
5.3. Nor can the Holder be held responsible for the temporary or permanent unavailability of one or more products. In case of unavailability, even temporary, of the requested products, the Holder undertakes not to charge the Customer the corresponding price. If an order has been transmitted and the price already charged for items that are found to be no longer available, the Holder will refund the Customer the full amount paid for those items.
5.4. In the event of partial or total unavailability of the goods, even after sending the Order Confirmation email, the Customer will be promptly informed by email communication and may decide whether to accept delivery of only the products available, obtaining a refund for those unavailable or whether to request the cancellation of the order, resulting in a refund of any amounts already paid, notifying the Holder by email.
6.1 The Customer agrees to pay the price of the purchased goods in the time and manner specified in these General Terms and Conditions of Sale. Any payment by the Customer may be made only by one of the methods indicated on the Site.
6.2. Credit cards. Credit and debit cards of the following international circuits are accepted: VISA, MASTERCARD, AMERICAN EXPRESS, MAESTRO, POSTEPAY. If, for any reason whatsoever, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer will be informed by email communication. The Owner does not have access to and does not store the details of the credit card used by the User to pay for the products. Confidential data (credit card number, expiration date, and cryptogram) are not stored by the Site.
6.3. Digital Wallet and PayPal. Payments via Digital Wallets such as PayPal and ApplePay are accepted. If the user chooses digital wallets as a means of payment, he/she will be redirected to the relevant site where he/she will make the payment according to the procedure stipulated and regulated therein. These services involve the use of the latest and most up-to-date SSL security and data encryption protocols. Confidential data (credit card number, expiration date, and cryptogram) are never stored by the site, nor do they ever come into the Holder’s possession.
6.4 Bank Transfer. Payment by Bank Transfer is accepted. The Customer will receive the details to make the transfer by email once the purchase order has been submitted. The Customer must indicate in the reason for the transfer: order number; order date; first and last name of the buyer.
The Customer must make the payment within the period of 5 calendar days after receiving the email containing the payment details. In the event of non-fulfillment of payment, the sale shall be terminated pursuant to Article 1456 of the Civil Code, subject, in any case, to compensation for greater damages.
6.5. In the event of contract termination and in any case of refund, the Holder will refund the Buyer the amount due using the same payment instrument used for the purchase. In the case of use of PayPal, once a credit order has been arranged in favor of Buyer’s PayPal account, Holder shall not be liable for any delays or omissions in crediting the refund, to dispute which delays Buyer should contact PayPal or the credit card institution or related digital wallet service used for payment directly.
6.6. To ensure the security of payments, payment services include the use of the latest and up-to-date SSL security and data encryption protocols. For the same purpose of payment security, in implementation of Directive (EU) 2015/2366 (Payment Services Directive 2 or ‘PSD2’), for payments greater than €30 in total, the Payment Services may require the user to authenticate through devices and procedures that ensure Strong Customer Authentication (‘Strong Customer Authentication’). To this end, the user may be required to authenticate via mobile devices or other tools required by the Payment Services.
6.7. If the unavailability of a product is detected after the order has been registered and the amount has been reserved on the card or after another electronic payment method, the Holder will implement the necessary measures with the payment processor to reverse the transaction related to the unavailable goods.
7.1. Sales prices displayed on the Site are in Euros and inclusive of VAT (if applicable) and any other taxes. The price applied to the contractual relationship between Seller and Buyer shall be the price in effect at the time of the order and indicated in the Order Confirmation, without regard to price increases or decreases, including for promotions, that may have occurred subsequently.
7.2. In the event that the price of a product is discounted and the discount percentage and full reference price are indicated on the Site, such indication will be made by reference to the price normally charged on the Site.
7.3. Shipping costs are charged to the customer and are calculated at the time of the conclusion of the purchase process, after choosing the shipping method and in any case before making the payment, as they differ according to weight, volume and delivery area.
7.4. Pursuant to Art. 22 of Presidential Decree of 10/26/1972 no. 633, the issuance of an invoice is not mandatory unless it is requested by the Customer no later than the time when the transaction is carried out. By submitting an order to the Holder, the Customer agrees to receive a receipt with the delivery of the products, unless the Customer requests an invoice at the time the order is submitted. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
7.5. Prices do not include assembly/installation of purchased products, which are not the subject of this contract.
8. PRODUCT DELIVERY AND DELIVERY LIMITATIONS
8.1. WARNING. Shipments to inconvenient areas may incur extra costs, which will still be indicated before the order is placed.
8.2. Shipping costs are charged to the customer and are calculated at the time of the conclusion of the purchase process, after choosing the shipping method and in any case before making the payment, as they differ according to weight, volume and delivery area.
8.3. Products will be shipped only after receiving confirmation of successful payment of the Total Amount Due from the Customer. The risk of loss of or damage to the products due to causes not attributable to the Holder shall be transferred to the Customer when the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of the products.
8.4. II Customer will be informed by a confirmation email that the order is being shipped (the “Shipping Confirmation”).
8.5. The delivery obligation is fulfilled with the transfer of material availability or otherwise control of the products to the Customer or a third party designated by the Customer. It is up to the Customer to verify the condition of the product delivered to him/her. Notwithstanding the fact that the risk of loss of and damage to the products, due to causes not attributable to the Seller, is transferred to the Customer when the latter, or a third party designated by him and other than the carrier, materially takes possession of the product, the Customer is advised to check, at the time of delivery: the number of products received, that the packaging is intact and not altered, including in the sealing materials, and the Customer is invited, in his interest, to report to the Carrier any anomalies, accepting the package subject to reservation. This will allow the Customer to take action against the Carrier for loss or damage to the products. In the event that the package shows obvious signs of tampering or alteration, the Customer is advised to promptly notify the Seller. This is without prejudice to the application of the rules on the right of withdrawal and legal guarantee of conformity.
8.6. Orders will be processed as soon as they are received. Products will be delivered by a designated carrier, to the address provided by Buyer when placing the order, as confirmed in the Order Confirmation and Shipping Confirmation email.
8.7. Delivery times are as stated in the order summary, before you submit your order, and in the Order Confirmation and Shipment Confirmation email, and in any event within thirty (30) days after the conclusion of the contract. They run from the time of Order Confirmation. Where no specific deadline is indicated, delivery will take place within thirty (30) days after the conclusion of the contract. Saturdays and holidays are excluded.
8.8. If the recipient is absent at the given address, the assigned carrier will contact the recipient by phone, or send an email alert, and attempt a new delivery the next day. In the event that next-day delivery is not possible due to the absence of the recipient, the ordered products will go into storage at the relevant branch, accruing storage costs charged to the Customer. After the days of storage without delivery have passed, the products will be returned to the Seller and the order will be cancelled in accordance with Art. 1456 Civil Code, subject to the right to damages.
8.9. In the event that the purchased product is not delivered or is delivered later than the specified delivery time, the Buyer pursuant to Art. 61 of the Consumer Code invites the Seller to make delivery within an additional period of time appropriate to the circumstances (“Additional Period under Article 61(3) of the Consumer Code”). If the additional period thus granted expires without the products having been delivered to him, the Buyer is entitled to terminate the contract, subject to the right to compensation for damages (“Contractual termination pursuant to Article 61(3) of the Consumer Code”).
The Buyer shall not be burdened to grant the Seller the Additional Term under Article 61(3) of the Consumer Code if:
(a) Seller has expressly refused to deliver the products;
(b) compliance with the deadline for delivery of products indicated in the purchase process and order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
(c) the User has informed the Seller, prior to the conclusion of the contract, that delivery by or on a specified date is essential.
In the above cases, the User, if he/she does not receive the products within the delivery period indicated in the purchase process, in the Order Confirmation and Shipping Confirmation email, is entitled to immediately terminate the contract, subject to the right to compensation for damages (“Contractual termination under Article 61, paragraph 5, of the Consumer Code”).
The User shall indicate the Additional Term pursuant to Article 61, paragraph 3, of the Consumer Code and any notice of Contractual Termination pursuant to Article 61, paragraph 5, of the Consumer Code, at the addresses set forth in Article 16 below.
In cases of Contract Termination under Article 61(3) of the Consumer Code or Contract Termination under Article 61(5) of the Consumer Code, the Seller shall refund the Total Amount Due without undue delay.
In the event that the Buyer does not request the Additional Term under Article 61, paragraph 3, of the Consumer Code, nor the Contractual Termination under Article 61, paragraph 3, of the Consumer Code or the Contractual Termination under Article 61, paragraph 5, of the Consumer Code, the Seller agrees to:
(i) notify the Buyer of the delay by email (“Delay Notice Mail”);
(ii) state a new delivery term (“New Delivery Term”).
9. RIGHT OF WITHDRAWAL
Please be advised that pursuant to Art. 59 Legislative Decree. 206/2005, as amended by Legislative Decree 21/2014, the right of withdrawal is excluded in the following cases:
– Ordering custom-made or clearly customized Products;
– order of Products that are likely to deteriorate or expire quickly;
– order of sealed Products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.
With reference to the withdrawal exclusions listed above, in particular, you are informed and agree that among the “Products that are likely to deteriorate or expire quickly.” include those Products of a food nature whose characteristics and quality are subject to alteration, including as a result of inappropriate storage by You subsequent to delivery.
Notwithstanding the above exclusion of the right of withdrawal, you have the right to withdraw from the contract, without giving any reasons, within 14 days from the time you or a third party appointed by you (i) received the product or (ii) in the case of purchasing multiple products delivered separately in one order, received the last product.
To exercise the right of withdrawal, you are required to inform Pasquale Santamaria. with registered office in Caserta, Via Roma 188, of Your decision to withdraw from this contract by sending an explicit statement to Pasquale Santamaria. in the manner preferred by You. In order to facilitate the timely handling of Your request, we invite You to use the contact form or communicate to the e-mail address firstname.lastname@example.org”, Your decision to withdraw using the standard withdrawal form“https://www.gurmido.com/download/moduli/modulo-diritto-di-recesso.pdf“. Should you choose said option, we will promptly send you an e-mail confirming receipt of your withdrawal to the e-mail address you provided when you purchased the product, containing the return form “https://www.gurmido.com/download/moduli/modulo-diritto-di-recesso.pdf” to be placed in the package, and instructions for proceeding with the return of the product, to be transmitted no later than the next 14 days to:
Via roma, 188
81100 Caserta (CE)
To comply with the withdrawal period, it is sufficient to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
If You withdraw from this contract, You will be refunded all payments You have made, including delivery costs (with the exception of additional costs resulting from Your possible choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any case no later than 14 days from the day Formalactis S.r.l. receives Your decision to withdraw. Said refunds will be made using the same means of payment that You used for the initial transaction, unless You specifically request a refund on a different means of payment. In the latter case, any additional costs arising from the different means of payment chosen will be borne by You. If You have selected cash on delivery as the method of payment for the Product subject to withdrawal, in that case You will be required to provide us with the IBAN code of Your bank account so that Pasquale Santamaria can execute by bank transfer the reimbursement of payments received. Reimbursement may be suspended until receipt of the goods or until You demonstrate that You have returned the goods, whichever is earlier.
In the case of refunds before the order is processed,Pasquale Santamaria may withhold any fees for processing the refund.
If you have received the product you are requested to return it to Pasquale Santamaria, Via Roma, 188, 81100 Caserta (CE), without undue delay and in any case within 14 days from the day you informed us of your withdrawal, using a carrier of Your choice. This deadline is met if you return the product before the 14-day period expires. The costs of returning the goods will be borne by You.
You are responsible only for the decrease in the value of goods resulting from handling other than what is necessary to establish the nature, characteristics, and operation of the goods.
Return for product defect or non-conformity
If You have received an incorrect or damaged product, please send by e-mail to email@example.com with an indication of the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by us and/or the tax receipt/receipt).
Following receipt of the form and related documentation, we will assess the defects and non-conformities reported by You and decide whether to authorize the return of the Products by providing You with an acknowledgement, containing the “Return Code,” via email to the address You provided during the Site registration process or when submitting Your order.
Authorization to return Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to return.
The Products for which we have authorized the return must be returned by You, together with a copy of the return authorization notice bearing the “Return Code”, within 14 (fourteen) days from the reporting of the defect or non-conformity, to the following address: Pasquale Santamaria, Via Roma, 188, 81100 Caserta (CE).
Any reimbursement of the price paid will be made, where possible, by the same means of payment used by You at the time of purchase of the Product or, if You have selected cash on delivery as the method of payment for the Product subject to withdrawal, in which case You will be asked to provide us with the IBAN code of Your bank account so that Formalactis S.r.l. can execute by bank transfer the aforementioned reimbursement. Any type of shipping charges are excluded from reimbursement.
10.1. The Products marketed on the Site comply with the regulations applicable in Italy on the subject and are covered by the Legal Guarantee of Conformity referred to in Articles 129 et seq. of the Consumer Code.
10.2. The Legal Guarantee of Conformity is reserved for consumers under Art. 3(I)(a) of the Consumer Code. The Legal Guarantee of Conformity operates when the lack of conformity becomes apparent within 2 years after delivery of the product.
10.3. Excluded from the scope of the Legal Warranty are any defects caused by accidental facts or by the Buyer’s responsibility or by use of the Product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the product.
10.4. The Legal Guarantee is also excluded if any of the following occurs: (i) the product has been repaired, tampered with, delivered for technical examination, or altered by anyone other than the manufacturer, the Holder, or any other authorized party (e.g., technical service centers not authorized by the manufacturer); (ii) the alleged lack of conformity of the product has manifested itself beyond the period of 2 years from the delivery of the product; (iii) the alleged defect is due (in whole or in part) to misuse and/or improper use/storage/maintenance or installation – by the Customer or by persons other than the manufacturer, Seller or any other authorized person -/or is due to failure to comply with the instructions provided by the manufacturer and found, for example, in the product’s user manual or other instruction provided by the Owner along with the delivered products; (iv) to the
time of the conclusion of the contract, the Customer was aware of the defect and could not have been unaware of it with ordinary diligence; (v) the lack of conformity arises from instructions or materials provided by theCustomer.
10.5 In the event of a lack of conformity, Buyer shall have the right to obtain termination of this contract with refund of the price and shipping costs, if incurred.
10.6. In the event of a conformity defect, the Buyer, within the validity period of the Legal Guarantee of Conformity, may contact Customer Service by e-mail at firstname.lastname@example.org indicating the order number and attaching photos representative of the conformity defect.
10.7. The Product whose conformity defect is complained of shall be shipped to the Seller at the following address:
Via Roma, no. 188
12. FORTUITOUS EVENT OR FORCE MAJEURE
12.1 The Seller shall not be liable for any failure to perform its contractual obligations in the event of unforeseeable circumstances or force majeure.
13.1 These General Terms and Conditions of Sale consist of the entirety of their component clauses.
13.2 Should one or more provisions of these Terms and Conditions be deemed invalid or declared invalid under the law or as a result of a decision by a body having jurisdiction, the other provisions shall continue in full force and effect.
You agree to use the Site and the Products purchased on the Site only in accordance with these Terms and Conditions, for lawful purposes, and in any case without infringing the rights of the Owner and/or third parties. You agree to indemnify and hold harmless the Owner, its employees or contractors, from any claim for damages or demands made by any third party due to your acts or omissions made in connection with your interaction with the Site or in connection with purchases of products on the Site.
15. APPLICABLE LAW AND JURISDICTION, ALTERNATIVE DISPUTE RESOLUTION
15.1. All contractual relationships between the parties and these Terms and Conditions are governed by Italian law.
15.2 For any dispute relating to the application, interpretation and execution of these General Terms and Conditions of Sale, the court of the place where the consumer has residence or elected domicile shall have jurisdiction. In the case of professional user, for any dispute relating to the application, interpretation and execution of these General Conditions of Sale, the judge of the Court of Matera shall have jurisdiction.
15.3.The Holder is not a member of any A.D.R. body or ‘Alternative Dispute Resolution’ referred to in Art. 141 bis et seq. Consumer Code.
15.4. In any case, according to Art. 14 of Regulation (EU) no 524/2013, the Holder informs all consumers in accordance with Art. 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes has been established (so-called O.D.R. platform) The O.D.R. platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/. Through the O.D.R. platform, the consumer user will be able to consult the list of ADR entities, find the link to each of them, and initiate an online dispute resolution procedure for the dispute in which they are involved.
15.5. This is without prejudice to the consumer user’s right to take the dispute arising from these General Terms and Conditions of Sale to the competent ordinary court of law, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the prerequisites are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
16. CUSTOMER SERVICE AND COMPLAINTS
To obtain information, transmit communications, request assistance, or file complaints, the User may contact Customer Service at the following numbers:
– via e-mail, at: email@example.com.
– via telephone, at: 349 6182954
The Seller will respond to complaints as soon as possible and in any case within 30 working days after receiving them.