Terms and Conditions
Terms and Conditions for www.thatsita.com
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 requested to read this document carefully.
Although the contractual relationship relating to the purchase of such Products is concluded exclusively between the Owner and the Users, the Users acknowledge and accept that, if the provision of this Application has occurred through the Apple App Store, Apple may exercise rights deriving from these Terms as a third party beneficiary.
Nothing in these Terms creates any employment, agency, or partnership relationship between the parties hereto.
This Application is a service owned by:
THAT'S ITA by Giuseppe Lai - Via Alzaia Trieste 5 - 20094 - Corsico - MI (Italy)
Owner's email address: info@thatsita.com
“This Application” refers to this site, including its subdomains and any other site through which the Owner offers the Service; applications for mobile, tablet or similar devices; the application program interfaces (API); the Service; any software included as a component of the Service, as well as any application, template file, content file, script, source code, set of instructions and related documentation;
What you need to know at a glance
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are explicitly mentioned from time to time in each affected clause. In the absence of such mention, the clauses apply to all Users.
The use of this Application and the Service is reserved for Users of legal age pursuant to applicable law .
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section are generally applicable.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using this Application the User declares to satisfy the following requirements:
There are no restrictions regarding Users as to whether they are Consumers or Professional Users.
The User is of legal age under applicable law.
Registration
To use the Service, the User may open an account indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Registration requirements
Registration of a User account on this Application is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.
Account opening through bots or other automated means is not permitted. Unless otherwise specified, each User may create only one account.
Except where expressly permitted, a User's account may not be shared with any other person.
Account Closure
The User is free to close his/her account and cease using the Service at any time by following this procedure:
By using the account closure tools available on this Application. By contacting the Owner at the contact details in this document.
Account Suspension and Cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned 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 law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
It is also noted that the contents (whether textual and/or audiovisual) present on this Application and on all Applications directly attributable to it may originate entirely or partially from human activity and/or with the aid of technologies and/or artificial intelligence programs, at the discretion of the Owner.
Rights on the contents of this Application
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through this Application, 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 possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
In particular, on this Application Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through this Application. By clicking on any of these advertisements, the User will interact with the third party responsible for the advertisement.
The Owner is not responsible for what may arise from such interaction with third parties, from access to third party sites or from the use of third party content.
Permitted use
This Application and the Service may only be used within the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that the use of this Application and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any reprehensible activity carried out through this Application or the Service to the competent authorities - e.g. judicial or administrative authorities - whenever there is a suspicion that the User is committing violations of the law, regulations, third-party rights and/or the Terms, in particular, but not limited to, carrying out one of the following activities:
Rules of conduct
pretend to meet any requirement for access to this Application or use of the Service, such as being of legal age or being a Consumer; hide your identity, use someone else's identity or pretend to act on behalf of a third party, unless authorized by that third party; alter identifiers to hide or disguise the origin of your messages or published content; defame, threaten, abuse, use intimidating practices, threaten or otherwise violate the rights of third parties; promote activities that may endanger your life or that of any other User or cause physical harm. This category includes, but is not limited to, the threat of or incitement to suicide, the glorification of intentional physical trauma, the use of illegal drugs, alcohol abuse. The publication of content that promotes, glorifies or illustrates self-destructive or violent attitudes on this Application is not tolerated under any circumstances.
Test, scan or probe the vulnerability of this Application, the services and networks connected to the site, breach the security or authentication measures on this Application, the services and networks connected to this Application; install, integrate, upload or otherwise incorporate malware into or through this Application; use this Application or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for the purpose of spamming); attempt to disrupt or tamper with the technological infrastructure in such a way as to cause damage or an undue burden to this Application or the Service; offer through this Application Products whose sale is prohibited by law or that are not currently available (e.g. because they are out of stock); manipulate the price of the Products offered or fail to deliver purchased Products; induce other Users to conclude a transaction started on this Application outside of this Application in order to avoid paying any commissions.
Scraping
implement automated processes of extraction, collection or harvesting of information, data and/or content from this Application and all related digital extensions, unless expressly authorized by the Owner.
Content rules
disseminate or publish content that is illegal, obscene, illegitimate, defamatory or inappropriate; publish content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence; disseminate or publish content that is false or that may cause undue alarm; use this Application to publish, disseminate or otherwise offer content protected by intellectual property laws, including, but not limited to, patents, trademarks and copyright, without the authorization of the rights holder; use this Application to publish, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, commercial, professional or state secrets and personal data; publish content or carry out activities that disrupt, interrupt, damage or otherwise violate the integrity of this Application or other Users' devices.
These activities include: spamming, the illegal dissemination of advertising, phishing, fraud against third parties, the dissemination of malware or viruses, etc.; publishing or otherwise disseminating false, incorrect, misleading, defamatory or offensive content in relation to Products offered on this Application.
User Protection
abusively use another User's account; collect or extract personal and identifying information of other Users, including, without limitation, email addresses or contact details, by violating the privacy settings of other Users' accounts on this Application or in any other way; use information relating to other Users, such as personal or contact data, for purposes other than those of this Application;
Commercial use prohibitions
open an account or use this Application to promote, sell or advertise any products or services of any kind in any way; pretend or imply in any manner that you have a relationship with this Application, that you are endorsed by this Application, or that this Application endorses your or any third party's products or services for any purpose.
API Terms of Use
Users may access their data relating to this Application through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Application, is subject to the Terms and in addition to the following specific conditions:
User expressly acknowledges and accepts that Owner is not liable for any damage or loss resulting from User's use of the API or third-party products or services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid products
Unless otherwise indicated, the Products offered on this Application as part of the service are paid for.
The rates, 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 Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the greatest accuracy technically possible, the representation, on this Application and on all other Applications directly attributable to it, through any means (including, as the case may be, graphic materials, images, colours, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing process. The purchasing process includes the following steps:
By clicking the checkout button, Users access the Stripe checkout area where they will be asked to specify their contact details and a payment method of their choice from those available.
After providing the necessary information requested, Users are requested to carefully check the order and, subsequently, confirm and forward it using the relevant button or mechanism on this Application, thereby accepting these Terms and committing to pay the agreed price.
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 for the User the 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 an active contribution from the User, such as the provision of personal information or data, specifications or particular requests, the forwarding of the order also constitutes the obligation for the User to collaborate accordingly.
Once the order has been submitted, 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 email address provided by the User for this purpose.
Prices
During the purchase procedure and in any case before sending the order, Users are duly informed of all commissions, taxes and costs that will be charged to them, by way of example and not limited to " shipping and/or order packaging costs, as well as minimum amounts to be able to place the order ".
Prices on this Application:
include all applicable fees, taxes and charges.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that Users may assert in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.
Payment methods
Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Application.
Payment methods marked as such are managed directly by the Owner. The Owner collects and stores the data necessary for managing payments and for fulfilling related legal obligations. For further information on the processing of personal data and related rights, the User may refer to the privacy policy of this Application.
Other payment methods, if any, are provided independently by third-party services. In these cases, this Application does not collect any payment information - such as credit card data - but receives a notification from the relevant third-party provider when the payment is successfully completed.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are borne by the User.
Retention of title
Until the Owner has received full payment of the purchase price, 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 must verify the contents and integrity of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Application. Delivery times are indicated on this Application or during the purchase process.
Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.
Delivery subject to conditions
The delivery of certain Products, such as alcoholic beverages, restricted contents or similar, may be subject to the existence of additional conditions in the receiving person under applicable law, the Terms or any other relevant document.
Upon delivery of such Products, Users may be required to provide proof or substitute declarations regarding the existence of such conditions – for example, being considered adults under applicable law.
The possible non-existence of legal or contractual conditions could prevent the delivery of the Products.
User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
There is no right of withdrawal on this Application
Users acknowledge and accept that there is no right of withdrawal from contracts concluded on this Application by virtue of the particular characteristics of the offer and given the nature of the products/goods proposed/offered (food products subject to expiry and/or deterioration also in relation to any handling and/or conservation which may prove, even accidentally, inadequate by the User).
Legal guarantee of conformity of the Product
According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Application in accordance with the laws of the country in which they habitually reside.
National laws of such country may grant such Users broader rights.
Limitation of Liability and Indemnity
Indemnity
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees from any claim or demand - including, without limitation, legal fees and costs - made by third parties due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, co-branders, partners and employees, to the extent permitted by law.
Limitation of liability for User activities on this Application
Unless otherwise specified and without prejudice to the applicable legal provisions regarding product liability, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by fraud or gross negligence, provided that the use of this Application by the User has been appropriate and correct.
Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Owner assumes no responsibility for:
any loss of profits or other losses, even indirect, that the User may have suffered (such as, by way of example only, trading losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
damages or losses resulting from interruptions or malfunctions of this Application due to causes of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications;
any losses that are not a direct consequence of a breach of the Terms by the Owner;
In the event of liability of the Owner, the compensation due cannot exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
Australian Users
Limitation of liability
Nothing in these Terms excludes, limits or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, limited or modified (a non-excludable right). To the maximum extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and any liability not otherwise excluded under these Terms and Conditions, is limited,
discretion of the Owner, to a new supply of the services or to the payment of the cost for their repetition.
US Users Disclaimer of Warranty
The Owner provides this Application on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations, 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 will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; 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 will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers 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 law, 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 specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any
any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from 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 unauthorized access to or use of the Service or your account or the information contained therein;
any error, omission or inaccuracy in the contents;
personal injury or material damage, of any nature, resulting from the User's access to or use of the Service;
any unauthorized access to the Data Controller's security servers and/or to any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or for the
duration of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on 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 you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.
Indemnity
You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you;
your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;
the violation by the User of any applicable law, rule or regulation
any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including where access is made by a third party using your personal username and password or other security measures, if any;
the User's malicious conduct; or
the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Common Provisions No Implied Waiver
Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Reselling the 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 reselling program.
Privacy policy
The information on the processing of Personal Data is contained in the privacy policy of this Application, which forms an integral and binding part of the Terms.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Application must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
European users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, by mutual agreement, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to 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 provisions within 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 entail an excessive and unacceptable burden for one of the parties.
Binding version of the Terms
The Terms are drafted and revised in Italian. Other language versions of the Terms are for informational purposes only. In the event of any discrepancy between different language versions, the original shall prevail.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 3 days of receiving it.
Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available on this Link.
Definitions and legal references This Application (or this Application) The structure that enables the provision of the Service. Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of a Consumer.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Owner (or We)
Indicates the natural or legal person who provides this Application and/or offers the Service to Users.
Product
A good or service that can be purchased through this Application, such as a physical good, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Application as described in the Terms and on this Application.
Terms
All 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 document or agreement connected to it, in the most updated version respectively.
User (or You)
Indicates any natural person who uses this Application.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes outside of his or her entrepreneurial, commercial, artisanal or professional activity.
Last modified: 05 August 2024
