Terms and Conditions of Il Mercatino dei Fiori sas di Cullari Emilio e C. Shop
These Terms govern. The use of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop 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.
The responsible party of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop is:
Moses Bianchi Ave. 16
Carate Brianza (MB) 20841
Tel : 0362\1781013
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.
- There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
- 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;
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 corresponds to the highest level of security available on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop.
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.
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.
Account suspension and deletion
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 reasons attributable to the User shall not relieve the User from payment of any applicable fees or prices.
Contents about Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop
Except where otherwise noted or clearly recognizable, all content available on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop 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.
Rights to the contents of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop
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 Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop , to allow third parties to engage in such activities through your User account or device, even without your knowledge.
Where expressly stated on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop , the User is authorized to download, copy and/or share certain content available on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop 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.
Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop 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 Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop and/or the Service does not violate any laws, regulations or the rights of third parties.
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 Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop or the Service, terminate contracts, denounce any censurable activity carried out through Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop or the Service to the appropriate authorities – e.g., the judicial or administrative authorities – whenever the User engages in or is suspected of engaging in such conduct:
- 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
Some of the Products offered on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop as part of the service are chargeable.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop .
Prices, descriptions and availability of Products are specified in the respective sections of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop and are subject to change without notice.
Although Products on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop are presented as accurately as technically possible, the representation on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop by any means (including, as appropriate, graphic materials, images, colors, sounds) is intended as a mere 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 process.
Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchasing 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 involves 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.
During the purchase process and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
The prices on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop :
- 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 Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop.
Promotions and offers are always granted at the sole discretion of the Holder.
Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.
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.
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate fora, including the courts, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
- Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
- The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
- Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;
- Vouchers are not cumulative;
- The Voucher must be used within the specified validity period. After the deadline has expired, the Voucher will be automatically canceled. Any possibility of claiming rights, including to the refund of the value of the Voucher, is excluded;
- The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
- The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.
Means of payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop .
Other payment methods, if any, are provided independently by third-party services. In these cases, Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop does not collect any payment information – such as credit card information – but receives notification from the relevant third-party vendor when the payment is successfully completed.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Authorization for future payments via PayPal
In the event that the User authorizes the PayPal feature that allows future purchases, Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop will store an identification code linked to the User’s PayPal account. In this way, Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop will be able to automatically process payments for future purchases or for the payment of periodic installments of a past purchase.
Authorization can be revoked at any time by contacting the Holder or by changing your personal PayPal settings.
Reservation of Ownership
Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the following countries or territories: Italy.
Delivery times are indicated on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop or during the purchase process.
“Click and Collect”
Users may choose to pick up their purchases at one of the “collection points” indicated in the relevant section of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop and according to the communicated timelines.
Failure to deliver
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.
In the event that the goods are not delivered or picked up at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further arrangements.
Unless otherwise specified, any attempted delivery from the second will be at User’s expense.
Legal Warranty of Product Conformity
According to European regulations, the seller guarantees the conformity of sold goods for a minimum period of 2 years after delivery. Therefore, the seller is obligated to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably expected for at least two years from the time of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop in accordance with the laws of the country in which they ordinarily reside.
The national laws of that country may grant such Users broader rights.
Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.
Limitation of liability and indemnity
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by any third party due to or in connection with culpable conduct such as using or connecting to the Service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, brand co-owners, partners and employees, to the extent permitted by law.
Limitation of liability for User’s activities on Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop
Except where otherwise specified and subject to applicable statutory provisions regarding product liability, all claims for damages against the Holder (or any person or entity acting on its behalf) are excluded.
The foregoing does not limit the liability of the Owner for death, damage to the person or to the physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the use of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop By the User was suitable and correct.
Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
No implicit waiver
The Holder’s failure to exercise its statutory rights or claims under these Terms does not constitute a waiver of them. No waiver can be considered final in relation to a specific right or any other right.
Interruption of Service
To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructure malfunctions, power outages etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos that appear in connection with Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes in Terms
The Owner reserves the right to change the Terms at any time. In such a case, the Holder will give appropriate notice of the changes to Users.
Changes will only affect the relationship with the User in the future.
Your continued use of the Service signifies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms could result in either party’s right 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 Holder.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions regarding modification of these Terms apply.
You are not authorized to assign or transfer your rights and obligations under the Terms without the written consent of the Owner.
All communications pertaining to the use of Il Mercatino dei Fiori Sas di Cullari Emilio e C. Shop should be sent to the addresses indicated in this document.
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adjusted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be implemented to the fullest extent permitted by law.
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.
In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be replaced by the applicable legal framework.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.
The Terms shall be governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.
Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and is ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
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 Holder is established, as set forth in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes related to and arising from online sales and service contracts.
Therefore, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online.
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