Terms and Conditions

These terms govern

the use of this Application and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is kindly requested to read this document carefully.

The entity responsible for this Application is:

Data Controller Via Sottobisio, 6828 Balerna, Switzerland

    At a glance: It is to be noted that certain provisions of these Terms may only apply to specific 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. In the absence of mention, the clauses apply to all Users. The right of withdrawal applies only to European Consumers.

      CONDITIONS OF USE

      Unless otherwise specified, the terms of use of this Application outlined in this section have general validity.

      -  Additional terms of use or access applicable in specific situations are expressly indicated in this document.

      - By using this Application, the User declares to meet the following requirements:

      There are no restrictions regarding Users being Consumers or Professional Users.

      Contents on this Application

      Unless otherwise specified or clearly recognizable, all content available on this Application is owned by 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 laws or the rights of third parties. However, it is not always possible to achieve this result.

      In such cases, without prejudice to legally enforceable rights and claims, Users are kindly requested to address their complaints to the contact details specified in this document.

      Rights on the content of this Application

      The owner holds and expressly reserves all intellectual property rights on the aforementioned content.

      Users are not authorized to use the content in any way that is not necessary or implicit in the correct use of the Service.

      In particular, but not limited to, Users are prohibited from copying, downloading, sharing beyond the specified limits, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Application. Users are also prohibited from allowing third parties to undertake such activities through their own User account or device, even unknowingly.

      Where expressly indicated on this Application, the User is authorized to download, copy, and/or share certain content available on this Application exclusively for personal and non-commercial purposes, provided that attribution of authorship is observed, as well as the indication of any other relevant circumstances required by the Owner.

      The limitations and exclusions provided by copyright law remain in force.

      Access to external resources

      Through this Application, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content and availability. The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and are governed by their respective terms and conditions or, in their absence, by the law.

      Permitted Use

      This Application and the Service can only be used for the purposes for which they are offered, according to these Terms and under applicable law.

      It is the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations, or the rights of third parties.

      Therefore, the Owner reserves the right to take any measures deemed appropriate to protect its legitimate interests, including denying the User access to this Application or the Service, terminating contracts, reporting any objectionable activity carried out through this Application or the Service to the competent authorities – e.g., judicial or administrative authorities – whenever the User engages in or there is suspicion of engaging in:

      • Violations of laws, regulations, and/or the Terms;
      • Infringements on the rights of third parties;
      • Acts that may significantly prejudice the legitimate interests of the Data Controller
      • Offenses against the Data Controller or a third party.

      TERMS AND CONDITIONS OF SALE

      Paid products

      Some of the products offered on this application as part of the service are subject to charges.

      The fees, duration, and conditions applicable to the sale of such products are described below and in the respective sections of this application.

      Product Description

      Prices, descriptions, and availability of the Products are specified in their respective sections of this Application and are subject to change without notice.

      Although the Products on this Application are presented with the utmost technical accuracy possible, the representation on this Application through any means (including, depending on the case, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any warranty regarding the features of the purchased Product.

      The features of the selected Product will be specified during the purchasing procedure.

      Purchase Procedure

       

      Every phase, from selecting the product to placing the order, is part of the purchasing procedure

      The purchasing procedure includes the following steps:

      • Users are kindly requested to choose the desired product and verify their purchase choice.
      • After checking the information visible in the purchase choice, users can place the order by proceeding.

      Order Dispatch

      The submission of the order entails the following:

      • The submission of the order by the user constitutes the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes, and any additional charges and expenses, as specified on the order page.
      • In the event that the purchased product requires active participation from the User, such as providing information or personal data, specifications, or specific requests, the submission of the order also entails the User's obligation to cooperate accordingly.
      • Once the order is submitted, Users will receive a confirmation of order receipt.

      All notifications related to the above-described purchasing procedure will be sent to the email address provided by the User for this purpose.

      Prices

      During the purchasing procedure and before submitting the order, users are duly informed about all the fees, taxes, and costs (including any shipping charges) that will be charged to them.

      The prices on this Application:

      • Depending on the section the user is consulting, include all applicable fees, taxes, and costs, or are indicated net of applicable fees, taxes, and costs.
        Means of payment.

        The details regarding the accepted payment methods are highlighted during the purchasing procedure. Some payment methods are subject to additional conditions or may involve additional costs. Detailed information is provided in the relevant section of this Application.

        All payments are handled independently by third-party services. Therefore, this Application does not collect payment-related data, such as credit card numbers, but receives a notification once the payment is successfully processed.

        In the event that a payment made with one of the available methods fails or is rejected by the payment service provider, the Owner is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are the responsibility of the User.

        Property reserve

        Until the Holder receives full payment of the purchase price, the User does not acquire ownership of the ordered Products.
        Delivery

        The deliveries are made to the address specified by the User and in the manner indicated in the order summary. At the time of delivery, Users must verify the contents of the package and promptly report any anomalies to the contact information provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

        Delivery can take place in the countries or territories specified in the relevant section of this Application.

        Delivery times are indicated on this Application or during the purchase process.

        Failed delivery

        The owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damages or delays occurring after the handover 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 agreed time or within the specified period, they will be returned to the Owner, who will contact the User to arrange a second delivery attempt or discuss further measures.

        Unless otherwise specified, any delivery attempts beyond the second will be at the expense of the User.

        User Rights

        Right of withdrawal

        Unless an exception applies, the user may have the right to withdraw from the contract within the specified period (usually 14 days) for any reason and without justification. Further information on the right of withdrawal can be found in this section.

        Who is entitled to the right of withdrawal

        Unless one of the exceptions listed below applies, Users acting as European Consumers are legally entitled to withdraw from online contracts (distance contracts) within the specified period of time, for any reason and without the 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

        To exercise the right of withdrawal, the User must send the Data Controller an unequivocal communication of their intention to withdraw from the contract.

        For this purpose, the User can use the withdrawal form available in the definitions section of this document. However, the User is free to express their 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 withdrawal statement before the withdrawal deadline expires.

        When does the withdrawal period expire?

        • In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the courier – takes possession of the goods.
        • In case of purchase of multiple goods ordered together but delivered separately, or in case of purchase of a single item consisting of different 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 them and different from the courier – takes possession of the last of the goods, lots, or pieces.

        Effects of Withdrawal

         

        The Owner refunds all payments received, including, if made, those related to delivery costs for Users who have correctly exercised the right of withdrawal. However, any additional cost resulting from the choice of a delivery method other than the standard and most economical one offered by the Owner will be borne by the User.

        The refund is made without undue delay and in any case within 14 days from the day the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User must not incur any costs as a result of the withdrawal.

        ...on the purchase contracts of tangible goods

        Unless the Data Controller has offered to retrieve the goods, the User is obliged to return them to the Data Controller or another person authorized by them to receive them without undue delay and in any case within 14 days from the day they communicated their intention to withdraw from the contract. The deadline is considered met if the goods are delivered to the courier or another authorized person before the expiration of the 14-day period described above. The refund may be withheld until the goods are received or until the User provides proof of having returned them.

        The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics, and functioning.

        Return shipping costs are borne by the User.

        Legal Warranty of Product Conformity

        According to European regulations, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from the delivery. Therefore, the seller is obligated to ensure that the purchased goods have the quality, functionality, or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

        If users act as European consumers, the legal warranty for the conformity of the goods applies to items available on this application in accordance with the laws of the country where they usually reside.

        The national laws of that country may grant such users broader rights.

        Consumers who do not act as European consumers may enjoy warranty rights in accordance with the regulations of the country where they usually reside.

        Disclaimer and Indemnity

        Australian Users

        Limitation of Liability No provision of these Terms excludes, limits, or modifies any warranty, condition, indemnity, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territorial legislation, which constitutes a right that cannot be excluded, limited, or modified in any way (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to either the provision of new services or the payment of the cost for the repetition of their provision.

        USA Users

        Exclusion of warranty

        The Owner provides this Application "as is" and on an availability basis. The use of the Service is at the User's risk and peril. To the maximum extent permitted by law, the Owner expressly excludes any conditions, stipulations, and warranties of any kind - whether express, implied, statutory, or otherwise, including, for example 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, will create warranties not expressly stated in this document.

        Notwithstanding the above, the Owner and its agents, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not guarantee that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, and secure at any particular time or location; 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 risk, and the User is solely responsible for any damage to the computer system or mobile device or loss of data resulting from such operation or the User's use of the Service.

        The Owner does not guarantee, endorse, secure, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked through hyperlinks. Furthermore, 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 responsible for any damage, whether perceived or actual, arising from the content, operation, or use of the Service.

        Federal laws, some states, and other jurisdictions may not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions provided in this Agreement apply to the extent permitted by law.

        Limitation of Liability

        Within the maximum limits allowed by applicable law, in no case shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees be held liable for:

        • Any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from the loss of profits, goodwill, use, data, or other intangible losses, arising from or related to the use, or inability to use the Service; and
        • Any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the User's account or the information contained therein;
        • Any error, omission, or inaccuracy in the content;
        • Personal injury or property damage of any nature resulting from the User's access or use of the Service;
        • Any unauthorized access to the Owner's security servers and/or any personal information stored therein;
        • Any interruption or termination of transmissions to or from the Service;
        • Any bugs, viruses, trojans, or similar issues that may be transmitted to or through the Service;
        • Any error or omission in any content or for any loss or damage suffered as a result of the use of any content published, emailed, transmitted, or otherwise made available through the Service; and/or
        • Defamatory, offensive, or illegal conduct of any User or third party.

        Under no circumstances shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees be liable for any claim for compensation, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding the amount paid by the User to the Owner during the preceding 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

          This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions, or limitations of liability provided in these Terms do not apply beyond the limits prescribed by applicable law.

          Indemnification

          The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any claim or demand, damage, obligation, loss, liability, cost, or debt and expense, including, without limitation, legal fees and expenses, arising from

          • The use or access to the Service by the User, including any data or content transmitted or received by the User;
          • The User's violation of these Terms, including, by way of example but not limited to, any breaches by the User of any representation or warranty provided in these Terms;
          • The User's violation of any third-party rights, including but not limited to, any rights related to privacy or intellectual property;
          • The User's violation of any law, regulation, or applicable rule;
          • Any content submitted from the User's account, including, by way of example but not limited to, misleading, false, or inaccurate information, including the case where access is made by third parties using the User's personal username and password or other security measures, if applicable;
          • The intentional misconduct of the User; or
          • The violation of any legal provision by the User or their affiliates, officers, agents, trademark co-owners, partners, suppliers, and employees, to the extent permitted by applicable law.
          Common provisions

          No implicit waiver

          The failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver of those rights. No waiver can be deemed final with respect to a specific right or any other rights.

          Service Interruption

          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 modifications, providing adequate notice to Users. Within the limits of the law, the Data Controller reserves the right to suspend or terminate the Service completely. In the event of Service termination, the Data Controller will make efforts to allow Users to extract their Personal Data and information in accordance with legal provisions.

          Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Data Controller, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

          Resale of Service

          Users are not authorized 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 program.

          Privacy policy

          The information on the processing of Personal Data is contained in the privacy policy of this Application.

          Intellectual Property

          Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Application, are exclusively held by the Owner or its licensors and are protected under the regulations and international treaties applicable to intellectual property. All trademarks – whether denominative or figurative – and any other distinctive signs, company names, service marks, illustrations, images, or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under the regulations and international treaties applicable to intellectual property.

          Changes to the Terms

          The Owner reserves the right to modify the Terms at any time. In such a case, the Owner will provide appropriate notice of the changes to Users. The changes will have effects on the relationship with the User only for the future.

          The continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Non-acceptance of the updated Terms may result in the right of each party to terminate the Agreement.

          The previous applicable version continues to govern the relationship until the User's acceptance. This version can be requested from the Owner.

          If required by applicable law, the Owner will specify the date on which the changes to the Terms will come into effect.

          Assignment of the contract

          The owner reserves the right to transfer, assign, dispose of, amend, or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

          Provisions regarding the modification of these Terms apply.

          The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

          Contact 

          All communications related to the use of this Application must be sent to the contact details indicated in this document

          Safeguard clause

          If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not affect the validity and effectiveness of the remaining provisions, which therefore remain valid and effective.

          USA User

          Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with the original purpose.

          These Terms constitute the entire agreement between the User and the Holder with respect to the subject matter herein and prevail over any other communication, including any previous agreements, between the parties regarding the subject matter.

          These Terms shall be implemented to the fullest extent permitted by law

          European Users

          If a provision of these Terms should be or become null, invalid, or ineffective, the parties will make efforts to amicably identify a valid and effective substitute provision for the one that is null, invalid, or ineffective.

          In the event of a failure to reach an agreement within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal framework.

          Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not invalidate the entire Agreement, unless the null, invalid, or ineffective provisions within the scope of the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

          Applicable law

          The terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document, regardless of conflict of law principles.

          Exception for European Consumers

          However, regardless of the above, if the User acts as a European Consumer and has habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection prevails.

          Competent court

          The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Data Controller is established, as indicated in the relevant section of this document.

          Exception for European Consumers

          The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

          Resolution of Disputes

          Amicable Settlement of Disputes

          Users can report any disputes to the Data Controller, who will attempt to resolve them amicably.

          While the Users' right to take legal action remains unaffected, in case of disputes related to the use of this Application or the Service, Users are kindly requested to contact the Data Controller at the contact details provided in this document.

          Users can submit a complaint to the email address of the Data Controller indicated in this document, including a brief description and, if applicable, details of the order, purchase, or account in question.

          The Data Controller will process the request without undue delay and within 21 days of its receipt.

          Consumer Dispute Resolution Platform

          The European Commission has introduced an online platform for alternative dispute resolution that promotes the extrajudicial settlement of disputes related to and arising from online sales and service contracts.

          Therefore, every European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is

          disponibile qui.

          Definition And Legal Reference

          Questa Applicazione (o questa Applicazione)

          La struttura che consente la fornitura del Servizio.

          Accordo

          Any legally binding or contractual relationship between the Data Controller and the User governed by the Terms.

          Commercial User

          Any User who does not meet the definition of Consumer.

          Europe

          It defines a User physically present or with legal domicile in the European Union, regardless of nationality.

          Standard withdrawal form addressed to:

          • Data Processor
          • Via Sottobisio, 6828 Balerna, Switzerland

          With this, I/we hereby notify the termination of my/our contract for the sale of the following goods/services

          _____________________________________________ (insert here a description of the goods/services from which you intend to withdraw)

          • Ordered the: _____________________________________________ insert the date)
          • Received the: _____________________________________________ (Enter the date)
          • Name of the consumer(s):_____________________________________________
          • Consumer(s) Address:_____________________________________________
          • Data: _____________________________________________

          Sign only if this form is notified in paper version

          Owner (or We)

          It indicates the natural or legal person who provides this Application and/or offers the Service to Users

          Product

          A good or service purchasable through this Application, such as a tangible good, digital files, software, booking services, etc.

          The sale of a Product can be part of the Service, as defined above

          Service

          The service offered through this Application is as described in the Terms on this Application.

          Terms

          All the conditions applicable to the use of this Application and/or the provision of the Service, as described in this document, as well as in any other related document or agreement, in their respective most updated version.

          User (or You)

           

          Indicate any natural person using this Application

          Consumer

          Any natural person who, in the capacity of a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity.