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CUSTOMER CARE - GENERAL TERMS AND CONDITIONS OF SERVICE

Terms and Conditions of WanaSweets

These Terms govern

  • the use of this Web Site and
  • any other Agreement or legal relationship with the Holder

in a binding manner. Capitalised expressions are defined in the relevant section of this document.


The User is requested to read this document carefully.

This website is a service of:

Map Global SRL
Via Libero Temolo, 4
20126 Milan
VAT no.:11144690960

Holder's email address: info@wanasweets.com

Need to know at a glance

  • Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.
  • The right of withdrawal only applies to European consumers.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section apply generally.

Further conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Web Site, the User declares that he/she meets the following requirements:

  • There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account by providing all the required data and information in a complete and truthful manner.
It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees that he/she is fully responsible for any activity carried out with his/her access credentials.
Users are obliged to inform the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as their User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

Account closure

The User is free to close his/her account and cease using the Service at any time by following this procedure:

  • By contacting the Controller at the contact details in this document.

Account suspension and deletion

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 exempt the User from payment of any fees or prices that may be applicable.

Content on this Web Site

Unless otherwise stated or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.

Rights to the contents of this Web Site

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 for the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

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

The limitations and exclusions under copyright law remain unaffected.

Access to external resources

Through this Website Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use

This Web Site and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any laws, regulations or the rights of third parties.

Therefore, The Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website 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 the law, regulations and/or the Terms;
  • infringement of the rights of third parties;
  • acts that may considerably prejudice the legitimate interests of the Controller;
  • offences against the Holder or a third party.

'Affiliation system'

This Web Site allows Users to receive benefits by registering as an affiliate, whereby through their recommendation, a new User purchases a Product offered on this Web Site.

To take advantage of this opportunity as a first step, you must send your application and if accepted, you may invite your friends to purchase Products on this Website by sending them a special code provided by the Owner.
Each code has its own peculiarity and the methods of use are explained in the affiliate area.
If one of the persons invited by purchasing a Product on this Web Site decides to redeem an invitation code, the inviting User will receive the advantage or benefit (such as, for example: a discount, an additional service, an upgrade etc.) indicated on this Web Site.
Invitation codes may only be redeemable for certain Products among those offered on this Web Site.

The Holder reserves the right to discontinue the offer at any time at its own discretion.

Although there is no limit to the number of persons who may be invited, the number of advantages or benefits each User may receive for an equal number of redeemed invitation codes may be subject to a cap.
All information on this is included in the affiliate regulations.

TERMS AND CONDITIONS OF SALE

Paid-for products

Most of the Products for sale offered on this Web Site as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.

Product description

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

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each step, from the choice of product to the placing of the order, is part of the purchasing process.

The purchasing procedure comprises the following steps:

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

Sending the order

Sending the order entails the following:

  • The sending of the order by the user determines the conclusion of the contract and creates an obligation on the part of the user to pay the price, taxes and any further charges and expenses as specified on the order page.
  • In the event that the purchased Product requires action on the part of the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the part of the User to cooperate accordingly.
  • Once the order has been placed, Users will be sent a confirmation of receipt of the 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.

Prices

During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Web Site:

  • 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.

Promotions and discounts

The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Holder.

Repeated or periodic promotions or discounts do not constitute any claim or right that can be asserted by Users in the future.

As the case may be, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations of promotions and discounts are understood to refer to the time zone of the Holder's location, as indicated in the contact details in this document.

Means of payment

Details of the accepted means of payment are highlighted during the purchase process.

Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.

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

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. In the event that the payment fails, the Holder reserves the right to claim reimbursement of any related expenses or damages from the User.

Reservation of title

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

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users shall check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Web Site.

Delivery times are indicated on this Web Site or during the purchase procedure.

Unless otherwise specified on this Web Site or agreed with the User, Products are delivered within thirty (30) days of purchase.

Non-delivery

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.

In the event that the goods are not delivered or collected at the agreed time or within the agreed time limit, they shall be returned to the Holder, who shall contact the User to schedule a second delivery attempt or to agree on further action.

Unless otherwise specified, each delivery attempt from the second onwards shall be at the User's expense.

User Rights

Right of withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not fulfil these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Controller an unequivocal notice 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 withdrawal declaration before the end of the withdrawal period.

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 him and other than the courier - takes possession of the goods.

  • When purchasing 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 shall expire 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 shall reimburse all payments received including, if any, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the User's responsibility.

The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund 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 Holder has offered to collect the goods, the User shall return them to the Holder or to another person authorised by the Holder to receive them without undue delay and in any event within 14 days of the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorised person 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 return.

The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and functioning.

Return shipping costs shall be borne by the User.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

  • supply of goods that are liable to deteriorate or expire rapidly;
  • delivery of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the "definitions" section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

  • Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party - other than the carrier and designated by the User - takes physical possession of the goods.
  • Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the last good, lot or piece.
Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...ON THE PURCHASE OF PHYSICAL GOODS

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Direitos do Usuário brasileiro

Direito de arrependimento

Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste Documento e de acordo com as orientações desta Seção.

Exercício do direito de arrependimento

Para exercer o direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção "definições" deste documento. No entanto, os usuários são livres para expressar sua vontade de rescindir o contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar o prazo estabelecido para o exercício de tal direito, os Usuários devem enviar o aviso de arrependimento antes do fim do prazo. Quando termina o prazo de arrependimento?

  • Em relação à compra de produtoso prazo de arrependimento é de 7 (sete) dias após a data de recebimento do produto pelo Usuário ou um terceiro designado pelo Usuário que não seja o transportador.

  • No caso de compra de múltiplos produtos encomendados em conjunto mas entregues de forma separada, ou no caso de compra de um único produto constituído por diversos lotes ou peças entregues de forma separada, o prazo de arrependimento é de 7 (sete) dias após a data de recebimento do último produto, lote ou peça pelo Usuário ou um terceiro designado pelo Usuário que não seja o transportador.

Efeitos do arrependimento

Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por todos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.

No entanto, não serão reembolsados quaisquer custos adicionais resultantes da escolha de um método de entrega específico que não seja o tipo de entrega padrão mais barato oferecido pelo Proprietário.

Este reembolso será realizado sem demora injustificada e no prazo máximo de 14 (catorze) dias, a contar do dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra forma com o Usuário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processar a transação inicial. O Usuário não incorrerá em quaisquer custos ou taxas em razão de tal reembolso.

...NA COMPRA DE PRODUTOS FÍSICOS

Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário ou a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data da comunicação da decisão de rescisão do contrato.

O prazo terá sido cumprido se o produto for entregue ao transportador ou devolvido, conforme indicado acima, antes do fim do prazo de 14 (catorze) dias estipulado para a devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.

Os Usuários só serão responsáveis pela redução do valor dos producos que resulte do manuseio além do necessário para a garantia de su natureza, características e funcionamento.

Os custos de de devolução dos produtos serão arcados pelo Proprietário.

Guarantees

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

A garantia legal aplicada aos produtos comercializados por (físicos e digitais) obedece aos seguintes termos, de acordo com o Código de Defesa do Consumidor:

  • os produtos não duráveis terão garantia de 30 (trinta) dias; e
  • os produtos duráveis terão garantia de 90 (noventa) dias.

O período de garantía comça a partir da data de entrega do produto.

A garantia não é cabível em casos de uso indevido, eventos naturais ou se o produto tiver sido submetido a qualquer outra assistência técnica que não seja a fornecida por questo Sito Web. A garantia pode ser acionada através dos canais de contato fornecidos por questo Sito Web. Se necessário, o Proprietário arcará com os custos do envio do produto para avaliação técnica. O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal. As normas aplicáveis às garantias contratuais podem ser encontradas nas especificações fornecidas por questo Sito Web. Se tais informações não forem fornecidas, apenas as disposições legais serão aplicadas.

Limitation of liability and indemnity

Unless otherwise specified or agreed with the Users, the Holder's liability for damages in connection with the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Manleva

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees to the fullest extent of the law from any claim or demand - including, without limitation costs and attorneys' fees - made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, arising out of or in connection with your use of the Service and attributable to you, your affiliates, officers, agents, co-branders, partners, and employees, whether at fault or not.

Limitation of liability for the User's activities on this Web Site

Unless otherwise specified and subject to applicable legal provisions, all claims for damages against the Controller (or any natural or legal person acting on its behalf) are excluded.

The foregoing does not limit the liability of the Holder for death, personal injury or damage to physical or mental integrity, damages arising from the violation of essential contractual obligations, such as obligations strictly necessary for the achievement of the cause of the contract, and/or to damages caused by wilful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited, at the Holder's option, to the re-provision of the services or payment of the cost of re-provision thereof.

US users

Exclusion of Warranty

The Owner provides this Website "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims 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, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner does not take part in or in any way monitor any transactions between Users and third party providers of products or services.

The Service may become inaccessible or 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 Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall the Controller and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held 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; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or User account or information contained therein;
  • any errors, omissions or inaccuracies in the contents;
  • personal injury or material damage of any kind resulting from the User's access to or use of the Service;
  • any unauthorised access to the 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 the like that may be transmitted to or via the Service;
  • any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
  • the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand 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 maximum extent permitted by law in the applicable jurisdiction, irrespective of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Holder has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Manleva

The User undertakes to defend, indemnify and hold harmless the Controller and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from

  • 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 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;
  • 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 also including if the access is carried out by a third party using the User's personal username and password or other security measures, if any;
  • the wilful misconduct of the User; or
  • violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law

Common Provisions

No implied waiver

The Holder's failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other right.

Service Interruption

In order to guarantee the best possible level of service, the Controller reserves the right to interrupt the Service for the purposes of maintenance, system updates or any other change, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the activity of the Service, the Owner shall ensure that the Users are able to extract their Personal Data and information and shall respect the rights of the Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Resale Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller programme.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks - whether denominative or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to amend the Terms at any time. In this case, the Owner shall give appropriate notice of the changes to the Users.

The changes shall take effect in the relationship with the User only from the time communicated to the User.

Your continued use of the Service implies your acceptance of the updated Terms. If the User does not wish to accept the changes, he/she shall cease using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until the changes are accepted by the User. This version can be requested from the Holder.

If required by law, the Controller shall notify Users in advance of the effective date of the amended Terms.

Assignment of contract

The Holder reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

The User is not authorised to assign or transfer its rights and obligations under the Terms without the written consent of the Holder.

Contact

All communications relating to the use of this Web Site should be sent to the addresses indicated in this document.

Safeguard Clause

Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions, which shall therefore remain valid and effective.

US users

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 the User and the Owner with respect to the regulated subject matter and prevail over all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be implemented to the fullest extent permitted by law.

European users

Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective substitute provision for the void, invalid or ineffective provision.
In the event of failure to agree within the aforementioned time limits, if permitted or provided for by applicable law, the invalid, void or ineffective provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

Applicable law

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.

Prevalence of national law

However, notwithstanding the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, that higher level of protection shall prevail.

Exceção para Consumidores no Brasil

Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira.

Place of jurisdiction

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 Consumers in Europe

The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Exceção para Consumidores no Brasil

O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.

Dispute Resolution

Amicable settlement of disputes

Users may report any disputes to the Controller, who will endeavour to resolve them amicably.

Without prejudice to Users' right to take legal action, in the event of a dispute concerning the use of this Web Site or the Service, Users are requested to contact the Controller at the contact details indicated in this document.

The User may address a complaint to the Controller's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.

The Controller shall process the request without undue delay and within 2 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European consumer or consumer based in Norway, Iceland or Liechtenstein may use this platform to resolve disputes arising from contracts concluded online. The platform is available here.

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