GENERAL CONDITIONS OF SALE
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 regarding the purchase of such Products is concluded exclusively between Holder and Users, Users acknowledge and agree that if the provision of this e-commerce application.
The entity responsible for this e-commerce application is:
Gusto e Retrogusto di Cascarino Davide with headquarters at Via Ferruccio, 21- 50051 Castelfiorentino FI
Holder’s certified e-mail address: gustoeretrogusto@pec.it
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. These limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.
The right of withdrawal applies only to European Consumers.
Use of this Application and the Service is restricted to Users who are of legal age under applicable law.
TERMS OF USE
Unless otherwise specified, the terms of use of this application set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated in this document.
By using this Application you represent that you meet the following requirements:
There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
The User is of legal age under applicable law;
The User is not located in a country subject to a government embargo by the United States of America or in a country placed on the list of states sponsoring terrorism by the Government of the United States of America;
The User is not placed on any U.S. Government prohibited contractor list;
USER REGISTRATION
To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain functions may not be available.
It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Application.
By creating an account, the User agrees that he/she is fully responsible for any activity carried out with his/her login credentials.
Users are required to notify the Controller immediately and unambiguously via the contact information provided in this document if they believe that their personal information, such as User account, login credentials, or personal data, has been hacked, unlawfully disseminated, or stolen.
ACCOUNT CLOSURE AND SUSPENSION
You are free to close your account and cease using the Service at any time by following this procedure:
Contacting the Holder at the contact information in this document.
The Owner reserves the right to suspend or delete a User’s account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.
Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity. Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.
CONTENTS OF THIS APPLICATION
Except where otherwise noted 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 the rights of third parties. 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 the relevant complaints to the contact details specified in this document.
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not allowed to use the content in any way that is not necessary for or implied by the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Application, the User is authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
CONTENT PROVIDED TO USERS
The Owner allows Users to upload, share or offer their own content on this Application.
When providing content to this Application, the User declares that he/she is legally authorized to do so and confirms that said content does not violate any legal regulations and/or third party rights.
You acknowledge and agree that by providing content of your own to this Application you grant to the Owner free of charge the non-exclusive right to process the content with purposes of operation and maintenance of this Application, as contractually provided.
To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Application.
Users acknowledge and agree that content offered by them through this Application will be made available on the same terms and conditions applicable to content on this Application.
The User is solely responsible for the content uploaded, posted, shared or otherwise provided to this Application.
The User acknowledges and agrees that the Owner filters or moderates such content in advance.
Therefore, the Owner reserves the right to reject, censor, remove, delete, block, or rectify such content at its own discretion and to deny access to this Application without notice to the User who uploaded it if it believes that the content violates applicable provisions of law or the rights of third parties or otherwise poses a risk to Users, third parties, the Owner itself, or the availability of the Service.
Removal, deletion, blocking, or rectification of content does not justify any claims for compensation, reimbursement, or indemnification on the part of the Users who provided such content.
Users agree to hold the Owner harmless from and against any claims made and/or damages suffered as a result of content provided by them to or offered through this Application.
ACCESS TO EXTERNAL RESOURCES
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over these resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.
ADMITTED USE.
This Application and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate any law, regulation, or the rights of any third party.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censorious activity carried out through this Application or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that it puts in place:
- Violations of laws, regulations, and/or the Terms;
- Injury to the rights of third parties;
- Acts that may considerably impair the legitimate interests of the Holder;
- offenses against the Holder or a third party.
TERMS AND CONDITIONS OF SALE
There is a charge for the Products offered on this Application as part of the service.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
To purchase Products, the User is required to register or log in to 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 Products on this Application are presented as accurately as technically possible, the representation on this Application by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only 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 process.
PURCHASING PROCEDURE
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchase procedure includes the following steps:
Users are asked to choose the desired Product and verify their purchase choice.
After checking the information visible in the purchase choice, Users can place the order by submitting it.
Sending the order entails the following:
The submission of the order by the user determines the conclusion of the contract and gives rise to the User’s obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the User to cooperate accordingly.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications regarding the purchase process described above will be sent to the email address provided by the User for this purpose.
PRICES
During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Application:
- depending on the section the User is consulting include all applicable fees, taxes, and costs or are shown net of applicable fees, taxes, and costs.
Promotions and discounts:
- The Holder may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Application.
- Depending on the case, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder’s location as indicated in the contact information in this document.
RIGHT OF WITHDRAWAL
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below normally for ten (10) working days from its delivery (or from the delivery of the last item, in case of separate deliveries). The User can find more information about the right of withdrawal in this section.
Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
To exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.
For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his or her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately the withdrawal period expires after 10 days from the day when the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots or pieces.
EFFECTS OF WITHDRAWAL
The Holder shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the User’s responsibility.
The refund shall be made without undue delay and in any case within 14 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds are made using the same means of payment used for the initial transaction. The User does not incur any costs as a consequence of withdrawal.
Unless the Holder has offered to collect the goods, the User must return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his or her intention to withdraw from the contract.
The deadline is met if delivery of the goods to the courier or other authorized person occurs before the expiration of the 14-day period described above. Refunds may be withheld until receipt of the goods or until the User has provided proof of return.
The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics, and operation.
Return shipping costs are the responsibility of the User.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for
any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from 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 to or use of the Service or User account or information contained therein;
- Any error, lack or inaccuracy in the content;
- personal injury or property damage, of any kind, resulting from your access to or use of the Service;
- Any unauthorized access to the Owner’s security servers and/or any personal information stored therein
- Any interruption or cessation of transmissions to or from the Service;
- Any bugs, viruses, Trojans, or the like that may be transmitted to or 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 Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.
This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
DISPUTE RESOLUTION
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as set forth in the relevant section of this document.
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
To the extent that this does not affect Users’ right to bring an action in court, in the event of a dispute concerning the use of this Application or the Service, Users are requested to contact the Owner at the contact details set out in this document.
The User may direct a complaint to the Holder’s e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.
The Holder will process the request without undue delay and within 21 days of its receipt.
