Terms and Conditions

Users who use the Services offered declare to know and accept these general terms and conditions.

Gianni Gagliardo S.r.l.
La Morra (CN), 12064, Fraz. Santa Maria, B.ta Serra dei Turchi n. 88
Tel.: +39 0173 50829 - E.mail: gagliardo@gagliardo.it

Introduction

This document

This document constitutes a legal agreement between you, as the User, and the company Gianni Gagliardo S.r.l. "Legal agreement" means that the terms of this agreement, once accepted by the User, are binding on the latter.
For the sake of simplicity, "User", "you", "your" and similar terms, both singular and plural, refer to you, the User. "We", "our" and similar terms refer to the company Gianni Gagliardo S.r.l.. "Shop" refers to this site and/or application. "Contract" refers to this document, as amended from time to time. The Contract is concluded in the Italian language.

Acceptance of the Contract

By purchasing through Shop you accept the Contract in all its parts, the following contract can be found in the dedicated section within Shop.

Registration, Shop content and prohibited use

Registration

In order to use the Service or part of it, Users can register by providing, truthfully and completely, all the data requested in the registration form, thus accepting the privacy policy in full and these general conditions. The User is responsible for keeping his access credentials confidential.

It is understood that in no case can the Owner be held liable in case of loss, diffusion, theft or unauthorized use by third parties, for whatever reason, of the access credentials of the Users.

Account deletion and closure of user accounts

Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the Shop interface or by contacting the Owner directly.
The Owner, in the event of violation of these Terms, reserves the right to suspend or close the User's account at any time and without notice.

The Owner reserves the right to suspend or cancel the User's account at any time and without prior notice if it considers that:

• the User has violated the Contract; and/or
• access or use of the Service may cause damage to the Holder, other Users or third parties; and/or
• your use of the Shop may result in a violation of applicable law or regulation; and/or
• in the case of investigations conducted as a result of legal action or the involvement of public authorities; and/or
• the account is deemed by the Holder, at his sole discretion and for any reason whatsoever, inappropriate or offensive or in breach of the Agreement or not in line with the Holder's standards.

Available contents

The contents available on Shop are protected by copyright law and other international laws and treaties protecting intellectual property rights and, unless otherwise specified, their use is allowed to Users only within the limits specified in this clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device in use to the User for the use of such content.
Therefore, the User is expressly forbidden to copy and/or download and/or share (except within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer/assign to third parties or create derivative works in any way from the content, including third party content, available on the Shop, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on Shop, the User, for mere personal use, may be authorized to download and/or copy and/or share certain content made available on Shop, provided that he or she faithfully reports all copyright and other indications provided by the Owner.

Content provided by third parties

The Owner does not make any prior moderation on the contents or links provided by third parties shown on Shop. The Owner is not responsible for such contents and their accessibility.

Content provided by the User

Users are responsible for their own and third party content that they share on Shop, by uploading it, inserting content or in any other way. Users release the Owner from any liability in relation to the illicit distribution of third party content or the use of Shop, in a manner contrary to the law.

The Owner does not carry out any kind of moderation of the content published by the User or third parties, but undertakes to intervene in response to reports from Users or orders issued by public authorities in relation to content considered offensive or illegal.
In particular, the Owner may suspend or interrupt the display of content in the event that:

• complaints from other Users;
• receive a report of infringement of intellectual property rights;
• believes it must do so in anticipation of, or as a result of, legal action;
• such action is requested by a public authority; or
• believes that such content, remaining accessible through the Shop could put the Users, third parties, the availability of the Service and/or the Owner itself at risk.

Rights to content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary for the operation and maintenance of Shop.

Unless otherwise stated, by sending, publishing or displaying content on or through the Shop, the User grants the Owner and other Users a non-exclusive, royalty-free, sublicensable, non-territorial license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content with any media or distribution method currently available or developed subsequently.

Services provided by third parties

Users may use services or content included in the Shop provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances can the Owner be held responsible in relation to the proper functioning or availability, or both, of services provided by third parties.

Not allowed use

The Service shall be used in accordance with the Terms.
Users cannot:

• reverse engineer, decompile, disassemble, modify or create derivative works based on Shop or any portion of it;
• circumvent the computer systems used by Shop or its licensors to protect the content accessible through it;
• copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Shop;
• use any robot, spider, site search and/or retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of the Shop or its contents;
• rent, fire or sublicense Shop;
• Defame, offend, harass, threaten or otherwise violate the rights of others;
• disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
• misappropriate the account used by another User;
• register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Shop;
• use Shop in any other improper manner that violates the Terms.

Conditions of sale

Purchase

Paid services

Shop provides some subscriptions or paid services.
The fees, duration and conditions of accounts and paid services are indicated in the relevant section of Shop.

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by the Owner.
The User must select the products and complete the check-out, after having carefully checked the information contained in the order summary. The order is made by confirming it and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.

The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract occurs when the Owner sends the Order Confirmation to the email address provided by the User. The Owner reserves the right not to confirm an order, notifying the User within 2 working days from the insertion of the order, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case the Owner will refund the price and shipping costs incurred by the User.

Methods of payment

Shop uses third party tools for the processing of payments and does not in any way come into contact with payment data - such as credit card details - provided.

Any payment processing costs of the User that are not accepted will be charged to the User.

Prior authorization for future payments via PayPal

In case of payment via PayPal account, during the purchase, Shop will store an identification code combined with the customer's PayPal account, which authorizes Shop to use it exclusively for future purchases.

You may revoke the above authorisation at any time, through the Shop interface or by contacting the Owner directly.

Retention of title

Until full payment of the price of the products ordered, the products remain the property of the Owner.

Product Availability

Prices, descriptions or availability of products displayed are subject to change without notice. The photos included are indicative and may not be an exact representation of the products.
The Owner will do its best to present the characteristics of the products with the greatest possible detail on Shop within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Shop may differ from the real ones due to many factors including, but not limited to, the User's terminal monitor, photographic filters, vintages shown in the images, etc.. Therefore, the User acknowledges and accepts that such minor differences do not constitute a lack of conformity of the products.

Execution of the Order

The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product.The Owner cannot be held liable for damages suffered by the User due to delays in delivery that are not due to circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Delivery

Delivery

Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents by specifying any anomalies in the delivery form.
In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and commissioned by the User or for delays in delivery attributable to the latter.

Right of withdrawal and warranty

Right of withdrawal

In case of purchase of products or services on Shop the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw by means of an explicit declaration sent to the contacts indicated.

To this end, you may use the model for the exercise of the right of withdrawal set out in the "definitions" section of this document. The User is also free to express his or her choice to withdraw from the contract in any other equivalent form.

Effects of withdrawal

If the User withdraws from this contract, he will be refunded all the payments he has made in favour of the Holder, excluding the costs of returning the goods which will always be borne by the Customer, without undue delay and in any case no later than 14 days from the day on which the Holder is aware of the withdrawal. Said refunds will be made using the same means of payment used by the User for the initial transaction; in any case, the User shall not incur any costs as a result of said refund. Refunds may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods, if anticipated by the User, will be reimbursed by the Owner in the manner and within the limits indicated above at the expense of the User. The User is only responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

Limitations to the right of withdrawal

Returned products that are damaged or used in a different and additional way to what is strictly necessary to establish their nature, characteristics and operation will be refunded after deduction of the decrease in value resulting from the damage or use. The refund is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received into the package.

The right of withdrawal is in any case excluded in relation to:

• the goods made to measure or clearly personalized;
• the supply of goods which are in danger of deteriorating or expiring rapidly;
• the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and have been opened after delivery.

In case one of the above mentioned exceptions is applicable to goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

Applicability of withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. the User acting for purposes unrelated to his business and professional activity.

References to legislation

1. Legislative Decree 21/2014 - implementing Directive 2011/83/EU on consumer rights.

Warranty

The User who buys as a consumer has the right to guarantee the conformity of the products and services purchased within 24 months of purchase provided that notice is given within 2 months of their discovery.

To exercise the right of warranty, the User must contact the Owner to the contact information contained in this document, giving an accurate description of the defect found.
If the conformity defect of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to ask the Owner for an appropriate price reduction or termination of the contract in the following cases:

• if replacement proves impossible or excessively expensive;
• if the Holder has not replaced the goods within a reasonable time, but not less than 15 days;
• if the replacement previously carried out has caused significant inconvenience to the User.

The User is in any case obliged to return the defective products.

Compensation and Limitation of Liability

Manleva

The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, that may arise from damages caused to other Users or third parties, in relation to content uploaded online, violation of the law or the terms of these terms of service.

Limitations of liability

Shop and all features accessible through Shop are made available to Users, at the terms and conditions set out in the Contract, without any warranty, express or implied, that is not mandatory by law. In particular, no guarantee is given as to the suitability of the services offered for the particular purposes intended by the User.

The use of the Shop and the functionalities accessible through Shop is made by Users at their own risk and under their own responsibility.

In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively as a result of intent or gross negligence when these are an immediate and direct consequence of the Shop's activity. Therefore, the Owner shall not be liable for:

• any losses that are not a direct consequence of the breach of Contract by the Holder;
• any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and without limitation, commercial losses, loss of revenues, income, profits or assumed savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);
• damages or losses resulting from interruptions or malfunctions of the Shop due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent from the will and outside the control of the Owner such as, by way of example and without limitation, breakdowns or interruptions to telephone or power lines, the Internet and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; and
• incorrect or unsuitable use of the Shop by Users or third parties.

Common provisions

Service Interruption

In order to guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users through constant updates on Shop.

Service Resale

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Shop and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.

The Owner may tolerate forms of resale made on a personal basis (one by one) and limited; any form of mass resale is expressly excluded.

Privacy policy

For information on the use of personal data, Users should refer to Shop's privacy policy.

Intellectual Property Rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning Shop are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the content published by such third parties on Shop are and remain the exclusive property of or available to such third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own such intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

Age Requirements

Users declare to be of legal age according to the legislation applicable to them. Under no circumstances under 13 years of age may they use Shop.

Conditions for receiving deliveries

The User who makes a purchase through the Shop also declares and guarantees that those who will receive the shipment of products purchased are of legal age according to the legislation applicable to the latter.

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication in the Shop.
The User who continues to use Shop after the publication of the changes, accepts the new Terms without reservation.

Transfer of the contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.

The User may not assign or transfer in any way his rights or obligations under the Terms without the written permission of the Owner.

Communications

All communications relating to Shop must be sent using the contact information provided in the Contract.

Ineffectiveness and partial nullity

If any provision of the Terms is found to be void, invalid or unenforceable, that provision shall be deleted and the remaining provisions shall remain in full force and effect.

Applicable law and place of jurisdiction

These Terms and all disputes regarding the performance, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
An exception is the exclusive jurisdiction of the consumer, if the law so provides.

Dispute resolution

Online dispute resolution for consumers

Consumers living in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link.

The Owner is available to answer any question sent by email to the email address published in this document.