TERMS AND CONDITIONS OF USE
These terms and conditions of use concern access to and use of the website www.shop.k-time.it (hereinafter referred to as the “Site”), as well as the purchase of the products offered by the Company Comprof Milano S.r.l. through the Site.
Principal and/or Comprof: Comprof Milano S.r.l., with registered office in Naples, Piazza Santa Maria Degli Angeli a Pizzofalcone, registered at the CCIAA [Camera di Commercio, Industria, Artigianato e Agricoltura (Chamber of Commerce, Industry, Crafts and Agriculture)] of Naples under Tax ID code/VAT number IT07479001211, REA (Administrative and Economic Index) no.: NA 887,045 entered in the Companies Register under 07479001211, capital €100,000.00 [throughout the Site, the terms “we”, “us” and “our” refer to Comprof];
Site: the e-commerce website www.shop.k-time.it that enables the sale of products;
Products: the cosmetics and beauty accessories offered by the Principal that can be purchased by the users through the Site;
Services: the services offered through the Site by Comprof;
User: any person who accesses and uses the Site;
Consumer/User: any natural person over the age of 18 who concludes a contract for purposes outside his or her trade, business, craft or profession, as defined by art. 3 of Italian Legislative Decree no. 206 dated 6 September 2005 (known as the ‘Consumer Code’);
Professional User: the natural person or legal entity acting for purposes relating to his or her trade, business, craft or profession, or an intermediary thereof, as defined in Article 3 of the Consumer Code;
Content: any text or multimedia element present on the Site, such as advertisements, listings, reviews, images, designs, graphics, sounds, music, videos etc., including trademarks, logos, intangible assets and/or industrial property rights owned by Comprof.
Shopify inc.: Shopify International Limited, private company limited by shares incorporated in Ireland with registration number 560279, registered office on 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH;
Terms and Conditions of Sale: general conditions that discipline the modalities and terms through which Comprof markets the Products through the Site and which regulate the purchase of the Products themselves using online methods.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale are drafted and prepared in compliance and in accordance with the legal provisions on electronic commerce, and in particular with Italian Legislative Decree No. 70 of 9 April 2003. With reference to contracts entered into with Users/Consumers, the latter shall benefit from the protections provided for in the case of conclusion of distance contracts pursuant to Part III, Title III, Chapter I, Section II, of Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), as well as from all further mandatory guarantees provided to consumers by the Consumer Code and by any other applicable law. These Terms and Conditions of Sale are general in scope; they form an integral and essential part of the contract for the purchase of any Product and the placing of a purchase order implies that they have been fully read and accepted by the User.
Natural persons are only permitted to make purchases if they are of legal age. For minors, any purchase and/or request for delivery of Products via the Site must be reviewed and authorised by parents or legal guardians. Therefore, by accepting these Terms and Conditions of Sale, the User declares to be of legal age in his or her Country or province of residence and/or to have given us their consent to allow any minor over whom they exercise parental responsibility to use this Site.
All the Products and/or Services offered through the Site are described in detail in the relative pages within the Site. The User is kindly requested to read the description of each Product carefully and, at the time of purchase, to tick any check boxes to acknowledge this. There may be some errors, inaccuracies or small differences between the content published on the Site and the actual Product. Furthermore, any images of the Products are for illustrative purposes only and do not represent a contractual element.
The online e-commerce platform through which we sell our products was created by Shopify inc.
How to purchase the Products on the Site
To make a purchase of a Product on this Site it is not necessary to register for an account, however, access to certain sections of the Site may require the creation of a personal online account.
The Products covered by these Terms and Conditions of Sale are described, pursuant to Article 6 of Italian Legislative Decree No. 206/2005, on the Site. The presentation of the Products on the Site is aimed at Users to enable them to formulate a purchase proposal to the Principal; said presentation is not a binding offer to the public pursuant to Article 1336 of the Italian Civil Code, since any decision regarding the acceptance of the formulated proposals remaining at the full discretion of the Principal.
In order to proceed with the purchase, the User may select one or more Products by placing them in a virtual “shopping cart” (by clicking on the “add to cart” icon), the contents of which can be viewed in the appropriate section at any time, with specific indication of the total price and quantity, before proceeding to place the purchase order. The overall total indicated is representative of the total cost of the products placed in the ‘shopping cart’, including VAT and excluding shipping costs.
At any time before placing the order, the User may, by returning to the ‘shopping cart’, exclude the Products previously selected by clicking on the ‘bin’ icon next to them or add further Products.
Once the Products he/she intends to purchase have been selected and placed in the shopping cart, the User may proceed with the purchase by following the instructions provided and filling in the mandatory fields.
The User must also declare, by ticking the appropriate box, that he/she has taken note of the Description and Details of the Product as well as, where indicated, the possible “professional” nature of the Product in question. Once this phase is complete, the User may choose the method of payment from those indicated.
If the billing address is different from the shipping address, the User must deselect the check box “The shipping address and billing address are the same” and enter the relevant delivery details.
At the end of the initiated checkout procedure, by clicking on the 'Pay Now' button, the User will proceed to place the order. Any order placed in this manner shall be considered, to all intents and purposes, as a contractual proposal by the User. The placing of an order implies the assumption of the obligation to pay.
Placing of the order by the User will be followed by an e-mail (sent to the e-mail account indicated by the User) by which the Principal acknowledges receipt of the purchase proposal. This e-mail, which contains a summary of the order placed, constitutes acceptance of the contractual proposal.
When the order is dispatched, the User will receive a second e-mail containing the link to the courier’s website for the purpose of tracking the parcel containing the purchased Product.
The contract shall be deemed to be concluded - and therefore the order accepted - when the User is informed of the acceptance of his purchase proposal by the Principal, i.e. upon receipt of the e-mail confirming and accepting the order.
The Principal shall be entitled to accept or reject orders received without the User being entitled to any rights or claims for reimbursement of the price paid, except where payment is made at the time of placing the order.
If payment for the Products is not made within the stipulated period (5 working days from the placing of the order), the contract of sale shall be considered terminated and void.
The Principal reserves the right to refuse orders from: (i) a User with whom it has or has had a legal dispute;(ii) a User who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments;(iii) a User who has provided identification data that proves to be false, incomplete or in any case inaccurate; (iv)Users on the Black List.
Price and shipping costs
The prices of the Products published in the various sections of the Site include VAT and do not include any taxes, customs duties and levies applicable in the country of destination of the Products, where this is different from Italy, which shall be borne by the User.
All prices, shipping costs and any additional charges, where applicable, are indicated in the purchase procedure and clearly specified in the ‘Order Summary’, as well as in the subsequent e-mail confirming receipt of the order and its acceptance.
The Principal reserves the right to change the prices of the Products shown on the Site at any time; any changes to prices shall not, however, be effective with regard to Users who have already placed an order.
Methods of Payment
For each order, the User shall pay in full the price of the ordered Products - broken down by price, VAT and shipping or ancillary charges - by choosing the payment method within the purchase procedure and more precisely in the “Payment Method” section. It is understood that, in the event that the Principal does not accept the order, the latter shall promptly refund to the Users any amounts already paid.
Payment may be made:
by accepted credit cards (Visa, MasterCard, Maestro, and AMEX, ) through the Shopify Payments system. For further information on the service see: https://it.shopify.com/legal/terms-payments-it
via the secure “Paypal” system. Paypal is another absolutely secure online payment method that allows you to pay for your order by accessing your account directly. The data relating to your account and your credit card will be managed directly by Paypal, which will send us a simple notification by e-mail after the payment has been made. For further information about the service see: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
via Klarna AB (publ.) (“Klarna”), this offers the option of paying the total purchase amount in instalments. Klarna is an alternative payment method that allows the purchase amount to be divided into interest-free instalments. For more detailed information on payment please see the following section of the Klarna website https://www.klarna.com/it/legal/
The User will be required to choose, exclusively from among those proposed, his/her preferred method of payment.
If the purchaser is a Professional User, the latter must share his/her data with the Principal - using the email address email@example.com - in order to allow the Principal to issue the relevant invoice in accordance with legal obligations.
Invoices may be requested - at the discretion of the Consumer/User only - no later than 24 hours after placing the order by downloading, filling out the form provided here with his/her data and in all its parts and sending it to the email address firstname.lastname@example.org. The invoice will be sent to the Consumer/User at the e-mail address provided. Unless requested within 24 hours, the Principal will no longer be able to issue an invoice. It is understood that in the event that the Consumer sends incorrect data, the Principal cannot be held liable for the failure to issue an invoice.
Any reimbursement to the User (even in the event of non-execution of the order due to the unavailability, even temporary, of the Product requested), will be credited using the same means of payment used by the User for payment, unless otherwise expressly agreed with the User and provided that the latter does not incur any costs as a consequence of the reimbursement.
Time and methods of delivery of the Products
The Principal will deliver the Products selected and ordered with the shipping methods chosen in the purchase order, to the address indicated by the User.
In the case of a contract concluded with a Consumer/User, the Products shall be delivered at the latest within thirty days from the date of conclusion of the contract, unless otherwise agreed upon by the parties in the e-mail confirming and accepting the order.
Delivery is subject to payment by the User of the price of the Products and the Services related to the shipment.
Upon delivery of the Products, the User is required to check that the packaging of the Products is intact, undamaged, and not altered. Once the courier's transport document has been signed, the User may no longer object to the quantity and packaging of the goods received. The User may sign the transport document “under reserve” if the package is damaged or the number of packages indicated in the consignment note does not correspond to the number of packages delivered.
Comprof Milano srl currently delivers to Italy and to the following European Union countries (Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Hungary).
For more information on the courier used, please contact the Principal at email@example.com.
Rates, Shipping Times and Delays
The cost of shipping may vary if the weight of the items exceeds a certain threshold. Any questions regarding Rates and Shipping Times can be sent by the User to the following address: firstname.lastname@example.org
Standard shipping cost*: €4.90
Free with a minimum order value of: €49
*Packages up to 3 kg
Non-standard shipping costs:
€5.70: parcels from 3 kg to 5 kg
€6.50: parcels from 5 kg to 10 kg
Shipping time: 1-4 working days
Standard shipping cost*: €12.50
Free with a minimum order value of: €49
Shipping time: 3-5 working days
Standard shipping cost*: €5.20
Free with a minimum order value of: €49
*shipments weighing up to 3 kg
Non-standard shipping costs:
€7.10: shipments weighing from 3 kg to 5 kg
€8.40: shipments weighing from 5 kg to 10 kg
Shipping time: 3-5 working days
Austria, Belgium, Denmark, France, Germany
Luxembourg, the Netherlands, Poland, Portugal
Slovenia, Spain, and Hungary
Standard shipping cost*: €7.90
Free with a minimum order value of: €69
*shipments weighing up to 3 kg
Non-standard shipping costs:
€11: shipments weighing from 5 kg to 10 kg
€11.50: shipments weighing from 5 kg to 10 kg
Shipping time: 3-5 working days
Bulgaria, Czech Republic, Cyprus, Croatia, Estonia
Finland, Greece, Ireland, Latvia, Lithuania, Malta, Romania, Slovakia, and Sweden
Standard shipping cost*: €10.50
Free with a minimum order value of: €69
*shipments weighing up to 3 kg
Non-standard shipping costs:
€13,65: shipments weighing from 3 kg to 5 kg
€14.70: shipments weighing from 5 kg to 10 kg
Shipping time: 3-5 working days
NB. The calculation of the weight of the parcel takes into account the individual products that make up the order and the packaging. For shipments to islands, shipping times may be delayed by 1-2 working days.
Orders are normally processed and entrusted to the courier on the working day after the Principal sends the order confirmation. Saturdays and Sundays are not considered working days, so orders sent on these two days will be deemed placed on the next working day.
The delivery time to the User starts from the moment the Principal sends the e-mail confirming that the products have been dispatched to the User.
If delivery has not yet taken place after the number of working days stated above from the confirmation of the order, the User shall inform the Principal at email@example.com. A complaint will be opened with the carrier in order to find out the reason for the delay. Delivery estimates are indicative and are subject to change.
In the event of a delay in delivery of more than 14 (fourteen) working days, the User shall have the option of cancelling their order, within a maximum period of 30 (thirty) working days from the date of receipt of the order confirmation e-mail, by sending an e-mail to firstname.lastname@example.org.
Only in the event that the delay in delivery beyond 14 days is attributable solely to the Principal, the User shall be entitled, in addition to cancellation of the order as provided for above, to reimbursement of any shipping costs incurred, provided that the User returns the entire order to the Principal. The reimbursement of the costs shall be made in the form indicated in section 3.9 below (“Reimbursement following a properly made withdrawal”), within 14 (fourteen) working days from the date of receipt of the Product by the Principal.
In the event that the delay is not attributable to the Principal or the carrier, the User will not be entitled either to a refund of the sums paid by him or to a new shipment of the ordered Products.
In the event that the order is not returned in its entirety and completeness, the User will not be entitled either to a refund of the sums paid by him or to a new shipment of the ordered Products.
The Principal shall not be responsible for failure to deliver or delay in delivery due to force majeure, such as - but not limited to - strikes, public authority measures, rationing or shortages of energy or raw materials, transport difficulties, fires, floods and damage to industrial machinery. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each party shall be entitled to withdraw from the contract. In the event of withdrawal, the User shall not be entitled to any indemnity or compensation for any reason whatsoever, without prejudice to the right to a refund of any amounts already paid as a price for the Product.
The Principal shall not be liable for the extension of the delivery time by the carrier, especially in cases of loss of Products, bad weather or strikes.
Error in Product shipment on the Principal's part
In the event of a shipping error on the Principal's part and you receive a product other than the one you ordered, you are kindly requested to contact us and we will take back the product or in any case provide you with the necessary instructions for returning it and send you the correct one, without charging you any additional shipping costs.
In the event of a shipping error, you may request an exchange or refund within 14 days of receipt of the Product.
The User may request a replacement free of charge with the desired Product or another of equal value.
The User shall make a written request by email to email@example.com, prepare the Product to be returned in an intact and securely sealed package, and advise us of the place of collection of the Products to be returned.
In the event that the User opts for a refund, this will take place no later than 14 days after receipt of the Product.
Limitations of liability
The Principal shall not be held liable to Users for any inefficiency or malfunctioning related to the use of the Internet beyond its control.
In the event of a contract concluded with a Consumer/User, the risk of loss of or damage to the Products, for reasons not attributable to Principal, only passes to the consumer at the time when the latter takes physical possession of the Products.
Right of Withdrawal
(Terms within which to exercise the right of withdrawal
If, for any reason, the User is not satisfied with the purchased Product, he/she has the right to withdraw from the contract without any penalty and without specifying the reason within a period of 14 days from the date of receipt of the Product, by sending notification in writing to the e-mail address firstname.lastname@example.org or by registered letter with return receipt to the following address Cis di Nola Isola 8, lotti 8032-8035, 80035, Nola (Na) using: (i) the optional withdrawal form [**] referred to in the following section or (ii) any other written declaration.
In the event of notice of withdrawal by e-mail, the Principal shall promptly send the User an acknowledgement of receipt of the exercised right of withdrawal.
In any case, the User's notice shall contain: a) a precise indication of the Products for which the Consumer wishes to make use of the right of withdrawal; b) the order number in question.
In the event of the separate delivery of several Products ordered by the User in a single order, the period of 14 days for the exercise of the right of withdrawal begins on the day on which the last Product is received.
(Obligation and method of returning the Products in the event of exercising the right of withdrawal)
In the event of withdrawal, the User shall return the Product to the Principal without undue delay and in any event no later than 14 days from the date of communicating his/her decision to withdraw from the contract.
Specifically, the User shall send to the following address: Comprof Milano srl, Cis di Nola Isola 8, lotti 8032-8035, 80035 Nola (Na) the intact Products, in a perfect resaleable condition (not ruined, damaged or soiled), unopened or unused, and without obvious signs of use (i.e. they must not show any signs of use in their original packaging), complete with accessories and any manuals, and without anything missing.
(Exclusions of the right of withdrawal)
The right of withdrawal does not apply:
• to sealed goods that are not suitable for return for hygienic reasons (e.g. opened cosmetics and other products that come into contact with the skin) or are related to health protection and have been opened after delivery;
• to damaged or used products, even if only in part;
• if the original packaging is missing;
• if integral elements of the product (accessories, instruction manuals, etc.) are missing;
• to goods that are made to measure or clearly customised,
• to Products which, by their nature, are not suitable for return or are subject to the risk of rapid deterioration or alteration, such as, but not limited to, cosmetic products that have already been opened.
In the event that the Principal should ascertain that the Product returned by the User following the withdrawal falls within one of the hypotheses described above, the Principal shall return the specific Product to the User, charging the latter for all shipping costs.
The User shall in any event be liable for any loss in value of the goods resulting from any handling other than that necessary to establish the nature and characteristics of the Products and whether they are fully fit for use.
(Refund following a properly made withdrawal)
The Principal, having ascertained the fulfilment of the conditions and prerequisites described in the previous paragraphs of section 3.9 necessary to properly exercise the right of withdrawal, shall reimburse the payments received from the User, using the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the Consumer/User sent notification of his/her intention to withdraw from the contract.
The User shall only bear the direct cost of returning the Product, unless the Principal has declared that it will bear this cost.
The Principal is not obliged to reimburse the delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by Principal.
Unless he has offered to collect the Product himself, the Principal may withhold reimbursement until he has received the Product or until the User has proved that he has returned the Product.
If the terms, conditions and deadlines for exercising the right of withdrawal, as specified in this section, are not met, the User shall not be entitled to a refund of the sums already paid. In this case, the User may, at his/her own request and expense, re-obtain the Product in the state in which it was returned to the Principal. In this case, shipping and transport costs shall be borne by the User.
Optional form to exercise the right of withdrawal [**]
As better specified in paragraph 3.9, section “Terms within which to exercise the right of withdrawal”, Users have the right to withdraw under the terms and conditions specified above by sending notification in writing either by e-mail to the address email@example.com or by registered letter with return receipt to the following address Cis di Nola Isola 8, lotti 8032-8035, 80035, Nola (Na) indicating all the following information:
I hereby give notice of withdrawal from the contract of sale relating to the following Product _____________________________________________
Name and Surname:
E-mail associated with the account from which the order was placed:
Product conformity warranty
Purchases made by Consumer/Users are subject to the legal rules on warranty as set out in this paragraph including, where applicable, the rules provided for by the Consumer Code.
The Principal is obliged to deliver the Products in conformity with the contract of sale according to the parameters set forth in Article 129(2) of the Consumer Code.
The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (i) they are suitable for the use for which goods of the same type are normally used; (ii) they comply with the description given by the Principal and possess the qualities of the goods that the seller has presented to the Consumer/User as a sample or model (iii) they have the usual quality and performance of goods of the same type, which the Consumer/User may reasonably expect, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this respect by the Principal, the manufacturer or his agent or representative, in particular in advertising or on labelling; (iv) they are also suitable for the particular use desired by the Consumer/User and which the latter has brought to the Principal's attention at the time of conclusion of the contract and which the Principal has also accepted by way of agreement.
The scope of application of the conformity guarantee therefore excludes any failures or malfunctions caused by accidental events or negligence on the part of the Consumer/User, or due to use of the Product not in accordance with its intended use and/or with the provisions of the enclosed technical documentation.
Any conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported by the Consumer/User within 2 months from the date of discovery of the defect to the following address: firstname.lastname@example.org. Any report of a conformity defect in the Product must be submitted together with proof of purchase of the Product by the Principal (tax document or payment receipt)
Unless proven otherwise, it shall be assumed that any conformity defect arising within 6 months of delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the conformity defect. After the 6-month period, it will be up to the Consumer/User to provide proof that the damage did not originate from use of the Product, at no charge.
The Consumer/User may choose between repairing the Product or replacing it.
This right of option may not be exercised if the remedy sought is objectively impossible or excessively expensive. In addition, the Consumer/User shall only be entitled to an appropriate price reduction or termination of the contract in one of the following situations: i) repair or replacement is impossible or excessively onerous; ii) the Principal has failed to repair or replace the Product within a reasonable period of time; iii) the replacement or repair has caused considerable inconvenience to the Consumer/User.
If the Consumer/User wishes to avail itself of the remedies under the conformity guarantee, he/she must send notification in writing to email@example.com.
The Principal shall promptly acknowledge the notification of the alleged conformity defect and advise the Consumer/User of the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the defect reported.
Pursuant to Article 114 of the Consumer Code, in the event of damage caused by defects in the Product sold, the Consumer/User who has suffered damage must send a request in writing to the Principal asking for the name of the manufacturer, also indicating the Product that caused the damage, the place and date of purchase. Within a period of months from the request, the Principal shall provide notification of the identity and domicile of the manufacturer or the person who supplied him with the goods.
The Principal shall also provide the guarantee of conformity referred to in this paragraph to Professional Users.
RULES OF CONDUCT FOR USERS
Each User must use the Internet responsibly and with respect and courtesy towards the rights of other Internet users.
As such, by accessing the Site, the User undertakes not to: (i) upload to the Site, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, immoral, invasive of another's privacy including the right to image, derogatory or disparaging, racist or otherwise offensive; (ii) upload to the Site, post, e-mail or otherwise transmit unsolicited or unauthorised advertising or promotional material, “marketing material”, “misleading information”, “chain letters”, or any other form of solicitation; (iii) upload to the Site, post, email or otherwise transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (iv) disrupt or interrupt the Site or servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of networks connected to the Site; (v) attempt to damage the Service of any user, host or network, including, without limitation, exposing the Site to viruses, flooding the server, saturating e-mail messages, or falsifying any TCP/IP protocol information packet header or any part of the information contained in any e-mail; (vi) access data that is not intended for Internet Users or entering a server/account to which the Internet User is not authorised to have access; (vii) attempt to probe, analyse or test the vulnerability of a system or network, or to breach security or authentication measures without authorisation; (viii) assume the identity of another person; (ix) engage in any activity or induce a third party to engage in any illegal activity or any other activity that may infringe the rights of Principal, its partners, distributors, suppliers or any other Internet user; (x) transmit or transfer (by any means) information or software derived from the Site, in particular to other countries or to certain foreign nationals in violation of national or international laws or regulations.
Recognising the global nature of the Internet, each User undertakes to comply with all local and international rules and procedures relating to online behaviour and acceptable content, and in particular with all applicable laws relating to the transmission of technical data.
The User shall not interfere with or disrupt the functionality of the Site. It is the User's responsibility to take all appropriate measures in relation to the equipment used to protect it from possible contamination by computer viruses or hacking attempts. Equipment refers in particular, but is not limited to: personal computers, PDAs, Internet access, software and data programs, etc.
RIGHTS RELATING TO CONTENTS
The Principal is the owner of all intellectual and industrial property rights on this Site as well as the Contents. The use of this Site and its Contents does not grant the User any rights in relation to copyrights, designs, trademarks and all other intellectual property rights and materials mentioned, displayed or relating to the Contents on the Site. Any reproduction, redistribution or other unauthorised use of the Content is prohibited and may result in civil and criminal sanctions. The User may use the Content only with the prior express written authorisation of the Principal. The Principal reserves the right to claim damages in the event of counterfeiting and, more generally, in the event of infringement of intellectual property rights.
EXCLUSIONS OF WARRANTY
The Site is provided on an “as is” and “as available” basis and the Principal makes no express or implied warranty in relation to the Site, nor does it make any warranty that the Site will meet the Users' requirements or that it will be uninterrupted or free of errors, viruses or bugs.
The Principal shall endeavour to ensure that the Site is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Principal's control or for events of force majeure.
LINKS TO THIRD-PARTY SITES
The Site may contain links to third-party sites/applications over which the Principal has no control and is therefore in no way responsible for the content of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Site. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, in respect of which the Principal accepts no responsibility.
LIMITATION OF LIABILITY
The Principal shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers.
Furthermore, the Principal shall not be liable for any damages, losses, and costs incurred by the User owing to the non-performance of the contract for reasons not attributable to the Principal, in which case the User shall only be entitled to a full refund of the price paid and any additional charges incurred.
The Principal accepts no responsibility for any fraudulent or illicit use that may be made by third parties of the credit cards and other means of payment, as he does not in any way come into contact with the payment data used (credit card number, holder's name, password, etc.).
The Principal shall not be liable for:
- any loss of business opportunity and any other loss, even indirect, that the User may suffer that is not a direct consequence of the Principal's breach of contract
- incorrect or unsuitable use of the Site by Users or third parties;
- the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry of such data;
- any loss of profits, incidental, consequential, punitive, special or indirect damages arising out of or in connection with the Site or these Terms, despite being advised of the possibility of such damages, whether the claim for such damages is based on contract, tort, strict liability or otherwise. This limitation of liability includes, but is not limited to, any (i) transmission of any bugs, viruses, trojans or the like that may infect the equipment of the User, failure of mechanical or electronic equipment; (ii) unauthorised access to or use of the Site or Principal's secure servers and/or any personal and/or financial information stored therein; or (iii) theft, operator error, strikes or any force majeure.
Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The Principal shall not be deemed liable for any failure to perform or delay in performing its obligations due to circumstances beyond Principal's reasonable control due to events of force majeure or otherwise unforeseen and unforeseeable events beyond its control.
The Principal's obligation of performance shall be deemed to be suspended for the duration of the force majeure event.
The Principal shall take any action in its power in order to find solutions that allow the proper fulfilment of its obligations despite the persistence of force majeure events.
ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION
We are not liable if the information made available on this Site is not accurate, complete or up-to-date. The contents of this Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete and more up-to-date sources of information. Any User who relies on the contents of this Site does so entirely at his or her own risk.
This Site may contain certain historical information that is out of date and is provided for your reference only. We reserve the right to change the contents of this Site at any time but are under no obligation to update any information on this Site. The User hereby accepts responsibility for monitoring changes to our Site.
ERRORS, INACCURACIES AND OMISSIONS
Our Site may occasionally contain information with typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any omissions, errors or inaccuracies at any time and without notice and to change or update information or cancel orders if any information on the site or any related website is inaccurate (even after the consumer has placed the order).
We are under no obligation to update, amend or clarify any information on the Site or any related website, including but not limited to pricing information, except as required by law. Please note that no date of update stated on the Site or any related website shall be regarded as indicating that any information on the Site or any related website has been changed or updated.
APPLICABLE LAW AND PLACE OF JURISDICTION
The Terms and Conditions are subject to Italian law.
Any dispute relating to the application, execution and interpretation of these Conditions shall be subject to the jurisdiction of the court of the place where the Principal has its registered office.
For Consumer/Users, any dispute relating to the application, execution and interpretation of these Terms and Conditions shall be referred to the court of the place where the Consumer/User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer/User to refer to a court other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in articles 18, 19 and 20 of the Italian Code of Civil Procedure.
This does not affect the right of Consumers/Users whose habitual residence is not in Italy to invoke any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating this right and the legal guarantee of conformity.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS/USERS
If you are a Consumer/User and you have submitted a complaint relating to a contract concluded through this Site, but it has not been possible to resolve the dispute forming the subject matter of the complaint, you will be provided with information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes (so-called ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code), specifying whether or not we use these bodies to resolve the dispute.
Please be informed that for the resolution of disputes arising from the exact application of the contracts governed by the provisions of Sections I to IV of Chapter I of the Consumer Code, it is possible to resort to the mediation procedures provided for by Italian Legislative Decree No. 28 of 4 March 2010.
This does not affect the option of using the voluntary and joint negotiation procedures provided for in Article 2(2) of the same Legislative Decree No. 28 of 4 March 2010.
Furthermore, we remind you that a European platform for the online resolution of consumer disputes (the ODR platform) has been established. The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/ ; through the ODR platform, you will be able to consult the list of ADR bodies, find the link to the site of each of these bodies and initiate an online dispute resolution procedure for the dispute in which you are involved.
In any event, whatever the outcome of the out-of-court settlement of the dispute, your rights to bring a matter before the ordinary courts, and, if the conditions are met, to initiate an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguity in the interpretation of these Terms shall not be construed against the party that drafted them.
The Principal of this Site is the Company Comprof Milano S.R.L., with registered office in Naples (NA) - Piazza S M Angeli A Pizzofalcone 1, VAT No. / Tax Code 07479001211, Economic and Administrative Index No. NA - 887045, fully paid-up share capital € 100,000.00, PEC (certified email address) firstname.lastname@example.org
Any questions regarding the Terms of Service and/or the Terms and Conditions of Sale and/or the Products/Services offered on this Site may be sent by the User to the following address: email@example.com