This Application is a service of:
FINELLI GROUP SRL , Alley Parish 7 – 41059 Zocca (MO)
The email address of the Owner: [email protected]
Know at a glance
- Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users that do not act as Consumers. Such limitations are always explicitly mentioned in each of the clause concerned. In the event of a failure to mention, clauses apply to all Users.
Additional conditions of use or access applicable in particular situations expressly indicated in this document.
By using this Application, the User declares to meet the following requirements:
- There are no restrictions related to the Users compared to the fact that they are Consumers or Professional Users;
To make use of the Service, the User can open an account by providing all the data and information required in a complete and truthful.
You can use the Service without registering or creating an account. In this case, however, certain features may not be available.
It is the responsibility of Users to maintain their own access credentials in a safe manner and maintain confidentiality. To this end, the User must choose a password that corresponds to the highest level of security available on this Application.
By creating an account you agree to be fully responsible for all activities in progress and its access credentials.
Users are obliged to inform the Owner immediately and unambiguously, using the contact details indicated in this document if you believe that your personal information, such as User accounts, access credentials or personal data has been compromised, illegally disclosed or stolen.
The User is free to close their account and stop using the Service at any time by following this procedure:
- By contacting the data controller using the contact details in this document.
Suspension and cancellation of your account
The Owner reserves the right to suspend or delete the account of any User at any time in its sole discretion and without notice, if it considers it to be inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account, not the User has no right of compensation, reimbursement or compensation.
The suspension or deletion of accounts due to causes chargeable to the User does not release the User from the payment of fees or prices, if applicable.
The content on this Application
Except where otherwise specified or clearly recognizable, all content available on this Application are property of or provided by the Holder or by its licensors.
The data controller shall take the utmost care to ensure that the content available on this Application does not violate the applicable law or the rights of a third party. However, it is not always possible to achieve such a result.
In such cases, without prejudice to the rights and claims legally exercisable, Users are requested to direct their complaints to the contact details specified in this document.
Rights to the content of this Application
The Owner holds and reserves all intellectual property rights in all such content.
Users are not permitted to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, it is prohibited for Users to copy, download, share, beyond the limits specified below, modify, translate, edit, publish, transmit, sell, sublicense, transform, transfer/resell to third parties or create derivative works from the content available on this Application, to allow third parties to undertake these activities through your User account or device, even without your knowledge.
Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application solely and exclusively for your personal, non-commercial use and provided that it is observed in the attribution of the authorship of the work as well as the indication of any other circumstance relevant request from the Holder.
Remain subject to the limitations and exclusions provided for by the legislation on copyright.
The content provided by Users
The Holder allows Users to upload, share or provide your own content to this Application.
The act of providing content to this Application, the User declares that he is legally entitled to do so, and confirm that such content does not violate the standards of law and/or the rights of third parties.
Rights over content provided by Users
The User acknowledges and agrees that, by providing your own content to this Application grants the Holder a royalty free non-exclusive right to edit the contents with the purposes of operation and maintenance of this Application, as stipulated in the contract.
Within the limits of the law, the User waives the exercise of moral rights in connection with the content provided in this Application.
Users acknowledge and accept that the content offered by this Application will be made available to the same conditions applicable to the contents of this Application.
Responsibility for the content provided
The User responds to exclusive content uploaded, posted, shared, or otherwise provided in this Application. The User acknowledges and accepts that the Holder does not filter or moderates such content.
However, the Owner reserves the right to remove, delete or block such content at its sole discretion, to refuse, without prior notice to the User that uploaded them access to this Application:
- when you are aware of any (alleged) violation of these Terms, the rights of third parties, or by applicable law, in relation to such content;
- if you have received notice of violation of intellectual property rights;
- if you have received notice of violation of the privacy of any third party, including their intimate sphere;
- for the order of the Authority; or
- if you have done this to the Holder that such content, if they can be accessed through this Application, can represent a risk for the User, for third parties and / or for the availability of this Service.
The removal, deletion or blocking of content do not justify any claim for compensation, reimbursement or compensation for Users who have provided such content.
Users agree to hold harmless the Owner from and against any and all claims and/or damages suffered as a result of the content provided on or offered by or through this Application.
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 their availability.
The terms and conditions applicable to the resources provided by third parties, including those applicable to any grants of rights to content, are determined by the same third-party and governed in the terms and conditions or, in their absence, by the law.
This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and in accordance with applicable law.
It is the sole responsibility of the User to ensure that the use of this Application and/or Service does not infringe any law, regulation or the rights of a third party.
Therefore, the Owner reserves the right to adopt all appropriate measures to protect their legitimate interests, and, in particular, to refuse to the User access to this Application, or Service, terminate contracts, report any activity movement carried out by means of this Application or the Service to the competent authorities – p. example, the legal or administrative authorities – whenever the User engages in, or we suspect that engages in:
- violations of law, regulations and/or the Terms;
- injury to the rights of third parties;
- acts which may be detrimental to the legitimate interests of the Owner;
- offenses to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this App as part of the service are to be paid.
The rates, duration, and conditions applicable to the sale of these Products are described below and in the respective sections of this Application.
Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Goods in this App are presented with the utmost accuracy is technically possible, the representation on this App via any means (including, depending on the cases, materials, graphics, images, colors, sounds) is to be considered merely as a 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.
Every step, from the choice of the product until the forwarding of the order, is part of the purchasing process.
The purchase procedure includes the following steps:
- Users are requested to choose the desired Product and confirm their choice of purchase.
- After checking the information visible in the selection of purchase, Users can make the order and send it.
The sending of the order
The sending of the order involves the following:
- The sending of the order by the part of the user determines the conclusion of the contract and does arise in the head of the User of the obligation to pay the price, taxes and any additional charges and expenses, as specified in the order page.
- In the event that the Product you have purchased requires action on the part of the User, such as the provision of information or personal data, specifications, or special requests, forwarding of the order is in the head of the User is obliged to cooperate accordingly.
- Once you have submitted the order, you will be sent a confirmation of receipt of the order.
All the notifications related to the purchase procedure described above will be sent to the email address provided by the User to this end.
During the purchase procedure and prior to the order, the Users are adequately informed of all fees, taxes, and costs (including any shipping costs) they will be charged.
The prices on this Application:
- depending on the section that the User is referring to include all commissions, fees and applicable charges, or are stated net of commissions, taxes and charges are applicable.
Means of payment
The details relating to the means of payment accepted are highlighted during purchase.
Some of the means of payment are linked to other conditions, or have additional costs. The detailed information are given in the relevant section of this Application.
All payments are managed independently by third-party service. Therefore, this App does not collect payment information – such as credit card numbers – but receive a notification once the payment is successful.
In the event that the payment has been made by one of the available means to fail or to be rejected from the payment provider, the data controller is not obliged to execute the order. In the event that payment is not successful, the controller reserves the right to require you to reimburse any expense or damage related.
Permission for future payments via PayPal
In the case where the User authorizes the function that PayPal allows purchasing in the future, this Application will store an identifying code that is connected to the PayPal account of the User. In this way, this Application will automatically process payments for future purchases, or for the payment of periodic installments of a purchase prior.
The authorization may be revoked at any time by contacting the data controller or by changing your personal settings of PayPal.
Reservation of title
Until it has received payment of the full price of purchase by the Owner, the User does not acquire ownership of the Products ordered.
Deliveries are made to the address specified by the User, and with the methods indicated in the order summary.
At the time of delivery, the Users need to verify the contents of the package and immediately report any anomalies to the contact details provided in this document, or as described on the delivery note. Users can refuse to accept the parcel if it is visibly damaged.
The delivery may take place in the countries or territories specified in the relevant section of this Application.
Delivery time is indicated on this Application, or in the course of the purchasing process.
The Owner is not responsible in any way for any errors in delivery resulting from any inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damage, or delay occurring after delivery to a courier instructed by the User and not proposed or approved by the Owner.
In the event that the goods are delivered or picked up in the time of, or within the term established, will be returned to the Owner, who will contact the User to program a second delivery attempt or agree to additional measures.
If not otherwise specified, each delivery attempt, starting from the second will be the responsibility of the User.
Right of withdrawal
Unless there occurs an exception, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. You can find further information on the right of withdrawal in this section.
On this Application there is no right of withdrawal
Users acknowledge and accept that there is no right of withdrawal from contracts concluded on this Application because of the particular characteristics of the offer.
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.
The right to cancel does not apply on this App
Users acknowledge and accept that the right to cancel does not apply to contracts concluded over this Application due to the nature of its offering.
The legal guarantee of conformity of the Product according to the regulations of the European Union
According to european legislation, the seller guarantees the conformity of goods sold for a minimum period of 2 years from the delivery. Therefore, the seller is obliged to ensure that the purchased goods have the quality, functionality or features promises or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If Users act as Consumers in the European union, the legal guarantee of conformity of the goods apply to items available on this Application in accordance with the laws of the country in which they normally reside.
The national laws of that country may be able to grant these Users more extensive rights.
Consumers who do not act as Consumers in the European union might enjoy the rights of warranty of conformity in accordance with the legislation of the country in which they normally reside.
Conformity to the 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.
Garantia legal de conformidade de produtos para Consumidores no Brasil
A garantia legal aplicada aos produtos comercializados por (tourisme www.ont.lu and digitais) obedece aos seguintes thermos, agree com o Código de defesa do Consumidor:
- os produtos não duráveis terão garantia de 30 (trinta) dias; and
- os produtos duráveis terão garantia de 90 (noventa) dias.
O time de garantia começa 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 to any another August, técnica que não seja a fornecida por this Application. A garantia pode ser acionada através dos canais de contato fornecidos por this Application. If 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 this Application. If tais informações não forem fornecidas, apenas as disposições legais serão aplicadas.
Limitation of liability and indemnity
Unless otherwise specified or agreed upon with the Users, the liability of the Proprietor for damage related to the implementation of the Agreement will be excluded, restricted and/or reduced to the maximum extent permitted by applicable law.
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, and employees to the extent of the law, from any and all claims or demands, including, without limitation, fees and expenses of counsel – made by any third party due to or in connection with the conduct in violation of these Terms, the rights of third parties or statutory, arising in connection with the use of the Service and chargeable to the User, its affiliates, officers, agents, co-owners of the trademark, partners, and employees, as a result of negligence.
Limitation of liability for the activities of the User of this Application
Unless otherwise specified and subject to the provisions of applicable law, no claim for compensation in respect of the Holder (or any natural or legal person acting on its behalf).
The foregoing shall not limit the liability of the Holder for death, injury to the person or to the physical or mental integrity, damage resulting from the violation of essential contractual obligations, which obligations are strictly necessary to the attainment of the cause of the contract, and/or the damage caused by the wilful misconduct or negligence, provided that the use of this Application by the User is appropriate and correct.
Unless the damages have been caused by the wilful misconduct or gross negligence or affect the life and/or personal integrity, physical or mental, the Holder is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, undertaking, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state laws and local and is a right that cannot in any way be excluded, restricted or modified (rights not excludable). To the maximum extent permitted by law, our liability to you in respect of the User, including liability for infringement of a right is not excludable and all other liability is not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Holder, to supplying you the services again, or the payment of the cost of the repetition of their supply.
Disclaimer of warranty
The Holder provides this Application “as is” and subject to availability. The use of the Service is at the risk and peril of the User. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, agreements, and warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No advice or information, whether oral or written, which the User has obtained from the Owner or through the Service shall create any warranty not expressly stated in this document
Notwithstanding the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, trade partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and secure, at any time or particular location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or use of the Service by the User.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Service, or any site or service linked by hyperlink. In addition, the Holder does not take part in or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the browser, device, and/or operating system of the User. The Owner can not be held responsible for any damages, 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 and limitation of certain implied warranties. The above exclusions and limitations may not apply to User. This Agreement gives Users the legal rights to detail. You might have additional rights that vary from state to state. The limitations and exclusions in this Agreement shall apply to the extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Holder and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, trade partners, suppliers and employees, be liable for
- any direct, indirect, intentional, collateral, 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, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access, use of the Service or the User account or the information contained in it.
- any error, deficiency or inaccuracy in the content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service by the User;
- any unauthorized access to server the security of the Cardholder and/or any and all personal information including stored
- any interruption or cessation of transmission 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 suffered as a result of the use of any content posted, emailed, transmitted, or otherwise made available to you through the Service; and/or
- the defamatory, offensive or illegal conduct of any User or third party. In any case, the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, trade partners, suppliers and employees, be liable for any claim, proceeding, liability, obligation, damage, loss or cost to an amount higher than the amount the User has paid to the Holder in the course of the preceding 12 months or for the period of duration of this Agreement between the Owner and the User, depending on which of the two is more short.
This section on limitation of liability shall apply to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the User 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 limitations or exclusions referred to above 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 exceptions, exclusions, or limitations on liability contained in these Terms do not apply beyond the limits permitted by applicable law.
The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, trade partners, suppliers and employees, from and against any claim or demand, damage, obligation, loss, liability, costs or debt, and expenses, including, without limitation, costs and legal fees arising from
- the use or access to the Service by you, including any data or content transmitted or received by User;
- any violation of these Terms by you, including, but not limited to, any breach by you of any statement, representation or warranty by these Terms;
- the infringement by User of any third party right, including, but not limited to, any right to privacy or intellectual property;
- the breach by the User of any law, rule or regulation applicable
- any content posted by the account of the User, including, but not limited to, misleading information, false or inaccurate and also including the case in which the access is made by a third party with personal username and password of the User or other security measures, if any;
- the wilful misconduct of the User; or
- the violation of any legal provision by User or its affiliates, officers, agents, co-owners of the trademark, trade partners, suppliers and employees, to the extent permitted by applicable law
The non-exercise of legal rights or claims arising from these Terms on the part of Holder shall not constitute a waiver of the same. No waiver may be considered to be definitive in relation to a particular right or any other right.
Interruption of Service
To ensure the best level of service possible, the company reserves the right to interrupt the Service for purposes of maintenance, system updates or any other changes, informing the appropriate news to the Users.
Within the limits of law, the Owner reserves the right to suspend or cease completely the activity of the Service. In the case of the termination of activity of the Service, the Owner will ensure that Users can extract their Data and Personal information, and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.
In addition, the Service may not be available for reasons which elude the reasonable control of the Owner, such as "force majeure" (p. e.g. malfunctions infrastructure, blackouts, etc.).
Resale of Service
Users are not allowed to reproduce, duplicate, copy, sell, resell, or exploit the Application or the Service, in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate program of outlets.
Without prejudice to any forecast is more specific, contained in the Terms, the rights of industrial and intellectual property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under the law and applicable international treaties on intellectual property.
All trademarks – verbal or figurative – and all other distinctive signs, company, service mark, illustration, image, or logo appearing in connection with this Application are and shall remain the exclusive property of the Owner or its licensors and are protected under the law and applicable international treaties on intellectual property.
Changes to Terms
The Owner reserves the right to change the Terms at any time. In this case, the Holder shall give proper notice of the changes to Users.
The changes will take effect in the relationship with the User only from the time notified to the User.
Your continued use of the Service implies acceptance of the updated Terms. If the User does not want to accept the changes, you must cease use of the Service and may terminate the Agreement.
The previous version continues to regulate the relationship until the acceptance of the modification by the User. This version can be requested to the Owner.
If required by law, the Holder will notify Users in advance of the date of entry into force of the revised Terms.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all of the rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the modification of these Terms.
The User is not authorized to assign or transfer its rights and its obligations under the Terms without the written consent of the Owner.
All communications regarding the use of this Application should be sent to the addresses indicated in this document.
If any of the provisions of these Terms should be or become invalid or ineffective under applicable law, the invalidity or unenforceability of such provision shall not cause ineffectiveness of the remaining provisions, which, therefore, remain valid and effective.
Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the data controller with reference to the object governed by and shall prevail over any other communications, including any previous agreements, between the parties regarding the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to locate it in a friendly way, a valid and effective replacement of that void, invalid or unenforceable.
In the case of failure to reach an agreement on the terms aforesaid, if allowed or required by applicable law, the provision void, invalid or unenforceable will be replaced by the legal provisions applicable.
Without prejudice to the above, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not entail invalidity of the whole Agreement, unless the provisions are void, invalid or ineffective, in the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the provisions of residual would entail an excessive burden, and that is unacceptable for one of the parties.
The Terms are governed by the law of the place in which it is established the Holder, as indicated in the relevant section of this document, regardless of the conflict of laws provisions.
The prevalence of the national law
However, notwithstanding the foregoing, if the law of the country in which the User provides a level of protection of consumers top, prevails, and this higher level of protection.
Exceção para Consumidores no Brasil
Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, sera aplicada a legislação brasileira.
The exclusive jurisdiction to determine any dispute arising out of or in connection with the Terms, the court of the place where the Holder is established, as indicated in the relevant section of this document.
The exception to Consumers in Europe
The foregoing does not apply to Users who act as Consumers in the European union or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Exceção para Consumidores no Brasil
Or acima não se aplica to Usuários no Brasil que se qualifiquem como Consumidores.
Amicable settlement of disputes
The Users can submit any dispute to the Holder, who will attempt to resolve amicably.
For it remains without prejudice to the right of the Users to promote an action in court, in the case of disputes relating to the use of this Application or the Service, Users are kindly asked to contact the data controller at the addresses indicated in this document.
The User can address a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, details of the order, purchase, or account.
The data controller will process the request without undue delay, and within 2 days from its receipt.
Platform to resolve disputes with Consumers
The European Commission has introduced an online platform for alternative dispute resolution that promotes extra-judicial settlement of disputes related to or arising from sales and service contracts online.
Therefore, every Consumer or the European headquarters in Norway, Iceland or Liechtenstein, you can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.