TERMS AND CONDITIONS

Below are the detailed terms and conditions provided by Claudio Mariani to its Users accessing its services available on the website https://claudiomariani.it.

  1.   Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms must have the meanings as set forth below, with the same meaning referring to both singular and plural uses:

Owner: Claudio Mariani, registered office in Via Luca Giordano, 19 Bellizzi (SA) | CAP 84092, VAT number 05232740653, e-mail address info@claudiomariani.it.

Products: the products and/or services offered through the Application.

User: the person accessing the Application, regardless of the legal nature and objective pursued, interested in the Products offered through the Application.

Consumer: any natural person acting for purposes other than his/her business, craft or professional activity.

Terms and conditions: the present agreement regulating the relationship between the Owner and the Users and the sale of the Products displayed in the Application.

  1.   Trading, signature and applicability of the Terms and Conditions

All purchase contracts for the products are concluded by correctly filling in and sending the order form.

The form contains data relating to the order, the price of the Products purchased, the shipping costs and any other incidental expenses, the terms and conditions of payment, the address where the Products will be delivered, delivery time, the purchaser’s right to withdraw and consent to the processing of personal data.

Upon receiving an order from the User, the Owner must send a confirmation e-mail; the User will also receive an e-mail from the Owner relating to any other information regarding the order received.

Terms and Conditions are not binding on the parties in the event of failure to comply with the above obligations.

The Owner must modify or update, in whole or in part, these Terms and Conditions.

Users acknowledge that any changes to these Terms and Conditions will apply to orders sent by Users after the date of notification of changes to the Terms and Conditions.

Therefore, the User is invited to review the Terms and conditions at each access to the application, and it is advisable to print a copy of the Terms and Conditions for future reference.

  1.   Registration

To use certain features of the application, Users must register by providing, truthfully and exhaustively, all the information requested in the relevant registration form and accepting, in their entirety, both the Privacy Policy (https://claudiomariani.it/privacy-policy/) and these Terms and Conditions.

You are responsible for the security of your login credentials.

It is understood that in no case can the Owner be held responsible for any loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of Users’ credentials.

  1.   Account cancellation and closure

Registered Users may, at any time, disable their account or request its cancellation through the application interface, if possible, or by contacting the Owner at info@claudiomariani.it.

In case of violation by the User of these Terms and Conditions or applicable legal provisions, the Owner has the right to suspend or cancel the User’s account at any time and without notice.

  1.   Purchasing on the application

Purchases of one or more Products on the Application are allowed both to Users who qualify as Consumers and to Users who do not qualify.

Pursuant to Article 3, paragraph I, sub-section a), of Legislative Decree 206/2005 (the “Consumer Code”), consumers are defined as natural persons who, when purchasing Products, act for purposes not related to their entrepreneurial spirit, commercial, professional or craft activities.

Purchase by natural persons is only allowed if they are 18 years of age or older.

The Owner undertakes to describe and present the Products sold on the Application to the best of its ability. However, errors, inaccuracies or minor differences between the Application and the actual product may occur.

Furthermore, any image of the Products that may be found in the Application does not constitute a contractual element, but simply provides a visual representation of the Product.

The User expressly gives the Owner the right to accept, in whole or in part, the order (for example if not all the Products ordered are available). In this case, the contract will be completed only with regard to the Products actually sold.

The Owner has the right to refuse an order:

when the Product is not available.

when the authorization to charge the User the cost of the Product is denied.

when, at the time of purchase, the price displayed is obviously incorrect and can be recognized as such. The User, in such a scenario, will be contacted by customer service to be informed of the situation and the amount charged will be refunded.

  1.   Prices and payments

The Owner reserves the right to change, at any time, the price of Products and related shipping costs.

Any modifications shall not apply to contracts already concluded before such modifications.

The sale prices of the Products are inclusive of VAT, if applicable; any other taxes and/or shipping costs charged to the User will be displayed before order confirmation.

The User agrees to pay the price of purchased products within the times and methods indicated in the application.

Any refunds to the User will be promptly credited through one of the payment methods proposed by the Owner and chosen by the User and, in case of exercising right of cancellation, at the latest within 30 days from the date the Owner receives the notice for cancellation.

The Application uses payment services provided by third parties and does not receive or process any payment details provided by the Users (credit card number, holder’s name, PIN, etc.).

In the event that the aforementioned third-party payment services decline to authorize a payment, the Owner will not be able to provide the Products and cannot be held liable for any delays or non-delivery.

  1.   Invoicing

Users wishing to receive an invoice will need to provide their billing information.

Invoices will be issued on the basis of the information provided by the User, which the latter declares and guarantees to be truthful, thus giving the Owner the fullest possible indemnity in the matter.

  1.   Methods of delivery of material products

A Material Product is any good or digital good supplied on a tangible medium offered through the Application.

The Products ordered will be delivered to the User, at the address indicated by the latter, in the manner chosen by the User or indicated in the Application at the time of purchase.

Delivery will be made according to the times indicated in the order confirmation.

Upon receipt, the User must ascertain the conformity of the Products delivered with the order; only after such verification will it be necessary to proceed with the signature of the delivery documents, without prejudice to the right of return.

Should an order exceed the quantity in stock, the Owner, by e-mail, must inform the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not.

The Owner assumes no responsibility for any delay or non-delivery of Products due to events of force majeure, such as accidents, explosions, fires, strikes and / or blockades, earthquakes, floods and any other event that may prevent, in whole or in part, the execution of the contract within the time provided.

The Owner will not be liable to any party or third party for damages, losses and costs incurred due to a failure to perform the contract for the reasons stated above, with the User only entitled to a refund of any price paid.

  1.   Guarantee of compliance

All products that fall into the category of “consumer goods” within the meaning of Article 128, paragraph 2 of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided by Articles 128 -135 of the Consumer Code.

The legal guarantee of conformity is limited to consumers. Therefore, it applies only to Users who purchase a product for purposes unrelated to their possible business, commercial, craft or professional activity.

The following guarantees apply to those who purchase a product and who are not consumers: guarantee for defects of the Product sold, guarantee for defects related to promised and essential qualities and other guarantees provided by the “Civil Code” (“Codice Civile”), as well as related terms, bans and restrictions (Article 1490 and following Civil Code).

Conformity defects discovered within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.

Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product restored in conformity, without charge.

The User can normally choose between repairing the Product or replacing it to this end.

This right of choice cannot be exercised if the remedy requested is materially impossible or excessively expensive.

In addition, the User has the right to a reasonable reduction in price, or termination of the contract, provided that one of the following cases occurs:

  1. i)   repair and replacement are impossible or excessively expensive;
  2. ii) the Owner has failed to repair or replace the Product within a reasonable period.

iii) the replacement or repair has caused significant inconvenience to the consumer.

Whenever the User intends to make use of the remedies provided by the legal warranty provided with the Products, the User must contact the Owner at the e-mail address info@claudiomariani.it.

The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, taking into account the category of products related to the Product and/or the alleged defect.

  1. Industrial and intellectual property rights

The Owner declares to be the holder and / or licensee of all intellectual property rights related and / or referred to in the application and / or materials and content available on the application.

These Conditions do not grant the User any license to use the Application and/or the individual Contents and/or the materials available therein.

Any other use or reproduction of the Application or materials or content included therein is strictly prohibited.

All trademarks, names and figurative or other signs, trade names, service marks, word marks, trade names, images and logos appearing on the Application are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.

Any attempt to reproduce explanatory texts and contents included in the Application, if not authorized, will be considered an infringement of the Owner’s industrial and intellectual property rights.

  1. Exclusion of warranty

The Application is provided “as is” and “as available” and the Owner does not provide any express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the Users’ needs or that it will work without interruption, free of errors or viruses or bugs.

The Owner will work to ensure that the Application is available 24 hours a day without interruption, but can never be held liable if, for any reason, the Application may not be available and/or not operational at any time or period.

Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance or repair work or for reasons totally beyond the Owner’s control or due to force majeure.

  1. Limitation of liability

The Owner will not be liable to the User, except for fraud or gross negligence, for inefficiencies or malfunctions in relation to Internet network, which are not under his control or the control of his subcontractors.

The Owner will not be liable for damages, losses or costs suffered by the User after the non-performance of the contract for reasons not attributable to the Owner.

The User shall be entitled to a refund of the price and accessories already paid.

The Owner will not be liable for fraudulent or illicit use by third parties of credit cards, checks and other payment methods, when paying for services purchased, regardless of whether the Owner proves the adoption of precautionary measures based on knowledge and experience available at the time and on normal diligence.

The User agrees to indemnify and hold harmless the Owner (as well as any company or branch, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or liability, including legal fees incurred for legal proceedings, that may arise from damages caused to other Users or third parties, in relation to any Content uploaded online and any violation of the law or the terms of these Terms and Conditions.

Therefore, the Owner will not be liable for:

any losses that are not a direct consequence of a breach of contract by the Owner.

any loss of commercial opportunities and any other loss, direct or indirect, that may be incurred by the User (such as, but not limited to, commercial losses, loss of revenue, income, profits or expected savings, loss of commercial contracts or relationships, loss of reputation or goodwill,);

incorrect or inappropriate use of the Application by Users or third parties.

the issuance of false tax documents due to incorrect details provided by the User, the latter being solely responsible for the correct entry of such details.

In no case will the Owner be held liable for an amount exceeding double the cost paid by the User.

  1. Force Majeure

The Owner cannot be held liable in the event of failure or delay in performance of the functions, caused by circumstances that are not under the reasonable control of the Owner due to force majeure events or, in any case, unforeseen and unforeseeable events and, at any rate, events beyond his control, e.g. failures or interruptions of telephone or power lines, the Internet and / or other transmission tools, unavailability of websites, warnings, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties .

The performance of the Owner’s obligations shall be suspended for the above-mentioned events.

The Owner must take any action within his or her power to identify possible solutions that allow the performance of his or her obligations, regardless of the continuation of force majeure events.

  1. Waiver

No waiver by either party of any provision of these Terms and Conditions shall be enforceable unless it is expressly stated to constitute a waiver and is communicated in writing.

  1. Severability

Should any provision contained herein be unlawful or invalid, it shall no longer be deemed to form part of the Terms and Conditions, without prejudice to the applicability of the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.

  1. Privacy

The protection and processing of personal data will be pursued in accordance with the Privacy Policy, which can be found on the following page: https://claudiomariani.it/privacy-policy/.

  1. Applicable law and place of jurisdiction

These Terms and Conditions and any dispute relating to the interpretation, execution, validity of this contract shall be subject to the exclusive jurisdiction of the Court in which the Owner has its registered office.

If the User is a consumer within the scope of Article 3 of the Consumer Code, the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, without prejudice to the consumer Right of the user to appeal in a court other than the “competent court of the consumer” under Article 63 of the Consumer Code, responsible for the area according to one of the criteria set out in Articles 18, 19 and 20 of the “Civil Procedure Code”.

  1. Online dispute resolution for consumers

Any consumer living in Europe should be aware that the European Commission has created an online platform providing an alternative dispute resolution facility.

This facility can be used by consumers to resolve, through a non-judicial route, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online.

Consequently, consumers can use the aforementioned platform to resolve any dispute arising from online contracts concluded with the Owner.

The platform is available at the following link: http://ec.europa.eu/consumers/odr/

Date 18/05/2020