Terms and conditions
Terms and Conditions of aseguso.com
These Terms govern the use of this Website and any other Agreement or legal relationship with the data controller 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 person responsible for this website is:Archimede Seguso | Vetreria artistica S.r.l.
Fondamenta Serenella, 18 - 30141 Murano VE
R.E.A. VE 51448
Cap. sociale 10920,00 € i.v.
E-mail address of the data controller: firstname.lastname@example.org
To know at a glance:
The right of withdrawal applies only to European Consumers.
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 who do not act as Consumers. Such limitations are always explicitly mentioned in each
affected clause. If not mentioned, the clauses apply to all Users.
By using this Website, the User declares to satisfy the following requirements: There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users.
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner. You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available. It is the responsibility of the Users to keep their log-in credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website. By creating an account, the User agrees to be fully responsible for any activity carried out with his log-in credentials. Users are required to inform the Data Controller immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, log-in credentials or personal data, have been violated, unlawfully disseminated or subtracted.
The User is free to close its account and ceases using the Service at any time by following this procedure: By contacting the Data Controller at the address in this document.
ACCOUNT SUSPENSION AND CANCELLATION
The data controller reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms. The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or refund. The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
CONTENT OF THIS WEBSITE
Unless otherwise specified or clearly recognizable, all contents available on this Website are owned or provided by the data controller or its licensers. The data controller takes the utmost care so that the content available on this Website does not violate applicable legislation or the rights of third parties. However, this is not always possible. In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to forward the related complaints using the contact details specified in this document.
RIGHTS ON THE CONTENT OF THIS WEBSITE
The data controller holds and expressly reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service. In particular, but without exclusion, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge. Where expressly indicated on this Website, the User is authorized to download, copy and / or share certain contents available on this Website exclusively for personal and noncommercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller. The limitations and exclusions provided for by copyright law remain unaffected.
ACCESS TO EXTERNAL RESOURCES
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the data controller has no control over these resources and therefore is not responsible for their content and availability. The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law. It is the User's sole responsibility to ensure that the use of this Website and / or the Service does not violate the law, regulations or the rights of third parties. Therefore, the Data Controller reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Site. Web or the Service to the competent authorities - p. ex. the judicial or administrative authority - whenever the User puts in place or there is a suspicion that he puts in place: violations of the law, regulations and / or the Terms; injury to the rights of third parties; acts that may considerably prejudice the legitimate interests of the Data Controller; offenses against the data controller or a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Website, as part of the service, are provided for a fee. The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice. Although the Products on this Website are presented with the utmost accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the purchased Product. The characteristics of the selected Product will be specified during the purchase procedure.
Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure. The purchase procedure includes the following steps: Users are asked to choose the desired Product and to verify their purchase choice. After checking the information visible in the purchase choice, Users can place the order by forwarding it.
SENDING OF THE ORDER
Sending the order involves the following: The sending of the order by the user determines the conclusion of the contract and gives rise to the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page. In the event that the purchased product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate with consequence.
Once the order has been sent, a confirmation of receipt of the order will be sent to the Users. All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
During the purchase procedure and before placing the order, Users are duly informed of all fees, taxes and costs (excluding taxes, duties and duties at destination) that will be charged to them. Prices on this Website are shown: applicable fees, taxes and costs, excluding duties, taxes and duties at destination.
MEANS OF PAYMENT
Details of accepted means of payment are highlighted during the purchase process. Some means of payment are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this Website. All payments are managed independently by third-party services. Therefore, this Website does not collect payment-related data - such as credit card numbers - but receives a notification once the has been successfully completed. In the event that the payment made by one of the available means fails or is refused by the payment service provider, the data controller is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are to be borne by the User.
RETENTION OF TITLE
Until receipt of payment of the full purchase price by the data controller, 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 summary of the order. At the time of delivery, Users must verify the content of the package and promptly report, or within 5 days, any anomalies to the addresses given in this document or as described in the delivery note. Users can refuse to accept the package if visibly damaged. Delivery may take place in the countries or territories specified in the actual section of this Website. Delivery times are indicated on this Website or during the process. Unless otherwise specified on this Website or agreed with the User, the Products delivered within thirty (30) days of purchase.
“CLICK AND COLLECT”
Users may choose to pick up their purchases at one of the "collection points" indicated in the relevant section of this Website and according to the announced timing.
The data controller is not liable in any way for any delivery errors arising from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurred after delivery to the courier if the latter was commissioned by the User. In the event that the goods are not delivered or collected at the time or within the deadline, they will be returned to the data controller, who will contact the User to schedule a second delivery attempt or agree on further measures. Unless otherwise specified, any delivery attempt, starting from the second, will be borne by the User.
RIGHTS OF THE USER
RIGHT OF WITHDRAWAL
Unless there are exceptions, the User may have the right to terminate the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
WHO HAS THE RIGHT OF WITHDRAWAL
If one of the exceptions listed below does not apply, Users acting as European Consumers are entitled by law to withdraw from online contracts (distance contracts) within the time period applicable to the specific case for any reason and without need for justification. Users who do not meet these requirements do not enjoy the rights described in this section.
EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the User must send to the data controller an unequivocal communication of his intention to terminate the contract. To this end, the User can use the withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires. When does the withdrawal deadline expire? In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the latter and different from the courier -takes possession of the goods. In the case of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - charged by the latter and other than the courier - takes possession of the last of the goods, lots or pieces.
EFFECTS OF WITHDRAWAL
The Data Controller reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal. However, the higher cost resulting from the choice of a particular delivery method other than the cheaper standard delivery offered by the data controller, will be borne by the User. The refund takes place without undue delay and in any case within 14 days from the day on which the data controller was informed of the User’s decision to terminate the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User shall not incur any costs as a result of the withdrawal.
... ON CONTRACTS FOR THE PURCHASE OF TANGIBLE GOODS
Unless the Data Controller has offered to collect the goods, the User is required to return them to the data controller or to another person authorized by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to terminate the contract. The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned them. The User is liable for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish the nature, characteristics and functioning. The shipping costs of the return are borne by the User.
LEGAL GUARANTEE OF CONFORMITY OF THE PRODUCT
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the time of delivery to the buyer. If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on this Website in accordance with the laws of the country in which they habitually reside. The national laws of that country may grant these Users wider rights. Consumers who do not act as European Consumers may enjoy compliance rights under the laws of the country of their habitual residence.
LIMITATION OF LIABILITY AND INDEMNIFICATION
LIMITATION OF LIABILITY
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excusable right). To the fullest extent permitted by law, our liability to the User, including liability for breach of a non-excusable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the data controller, to a new provision of services or the payment of the cost for the repetition of their provision.
EXCLUSION OF WARRANTY
This Website is provided strictly in the state in which it is located and according to availability. Use of the Service is at the User’s own risk. To the extent permitted by law, the Data Controller expressly excludes any conditions, agreements and guarantees of any kind - whether expressed, implied, statutory or other, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the data controller or through the Service will create guarantees not expressly provided for in this document Without prejudice to the above, the data controller and its subordinates, affiliates, officials, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and safe manner, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the risk and danger of the User and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or the use of the Service by the User. The data controller does not guarantee, endorse, insure or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. In addition, the data controller does not take part in or in any way monitors any transaction between Users and third-party suppliers of products or services. The Service may become inaccessible or not work properly with your browser, device and/or operating system. The data controller cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service. Federal laws, certain states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may enjoy additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
LIMITATION OF LIABILITY
To the maximum extent permitted by the applicable law, in no case may the data controller and its subjects, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees be held liable for any indirect damage, intentional, collateral, particular, consequential or exemplary, including, but not limited to, loss of profit, goodwill, usage, data or other intangible losses arising out of or relating to the use of 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 the information contained therein; any errors, omissions or inaccuracies in the contents; personal injury or material damage, of any nature, arising from access to or use of the Service by the User; any unauthorized access to the Data Controller’s security servers and/or to any personal information stored there any interruption or termination of transmissions to or from the Service; any bug, virus, trojan or similar that may be transmitted to or through the Service; any error or omission in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or the defamatory, offensive or illegal conduct of any User or third party. In no case may the data controller and its subjects, affiliates, officials, agents, joint proprietors of the brand, partners, suppliers and employees be held liable for any claim for compensation, procedure, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the data controller during the previous 12 months, or for the period of duration of this Agreement between the data controller and the User, whichever is shorter. This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability results from contract, tort, negligence, objective liability or any other basis, even if the data controller had been advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give the user specific legal rights and the user may have other rights that vary from jurisdiction to jurisdiction. Any waivers, exclusions or limitations of liability under these Terms shall not apply beyond the limits of applicable law.
The User undertakes to defend, indemnify and hold harmless the data controller and its subjects, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, charge or debt and expenses, including, without limitation, legal charges and costs arising from the use or access to the Service by the User, including any data or content transmitted or received by the User; breach of these Terms by the User, including, but not limited to, any breach by the User of any representations or warranties under these Terms; breach by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property; the violation by the User of any law, rule or regulation applicable to any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information, including, but not limited to, access by third parties with the User’s personal username and password or other security measures, if any; the malicious conduct of the User; or breach of any legal disposition by the User or its affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees, to the extent permitted by applicable law.
NO IMPLIED WAIVER
Failure by the data controller to exercise any legal rights or claims arising from these Terms shall not constitute a waiver of such rights. No waiver may 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 data controller reserves the right to discontinue the Service for maintenance purposes, system updates or for any other change, giving appropriate notice to Users. Within the limits of the law, the data controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the data controller will endeavour to ensure that Users can extract their Personal Data and information in accordance with the provisions of law. In addition, the Service may not be available for reasons beyond the reasonable control of the data controller, such as causes of force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).
RESALE OF THE SERVICE
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the data controller, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, Trademarks, patents and models related to this Website are exclusively owned by the data controller or its licensors and are protected under the international laws and treaties applicable to intellectual property. All trademarks - word or figurative - and all other distinguishing marks, firm, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the data controller or its licensors and are protected in accordance with international law and treaties applicable to intellectual property.
AMENDMENTS TO THE DEADLINES
The Data Controller reserves the right to change the Terms at any time. In this case, the data controller will inform the Users of the changes. The changes will affect the relationship with the User only for the future. Your continued use of the Service implies your acceptance of the updated Terms. If the user does not wish to accept the changes, the user must cease using the Service. Failure to accept the updated Terms may result in each party being entitled to withdraw from the Agreement. The previous applicable version continues to regulate the relationship until the User is accepted. This version can be requested from the data controller. If required by applicable law, the Data Controller will specify the date by which the amendments to the Terms will enter into force.
ASSIGNMENT OF THE CONTRACT
The Data Controller reserves the right to transfer, assign, dispose of, innovate or procure individual or all rights and obligations under these Terms, having regard for the legitimate interests of the Users. The provisions relating to the amendment of these Terms shall apply. The user not authorized to assign or transfer its rights and obligations under the Terms without the written consent of the data controller.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
If any of the provisions of these Terms become null and void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not result in the ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.
Should any provision of these Terms be null and void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision as a substitute for that void, invalid or ineffective. In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline. Notwithstanding the foregoing, the invalidity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, invalid or ineffective provisions of the Agreement, unless they are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose. These Terms constitute the entire agreement between the User and the data controller with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. These Terms will be implemented to the fullest extent permitted by law.
The Terms are governed by the law of the place where the data controller is established, as indicated in the relevant section of this document regardless of the conflict rules.
EXCEPTION FOR EUROPEAN CONSUMERS
However, regardless of the above, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive jurisdiction to hear and determine any dispute arising out of or in connection
with the Terms lies with the court of the place where the data controller is established, as
indicated in the relevant section of this document.
EXCEPTION FOR EUROPEAN CONSUMERS
This does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
AMICABLE SETTLEMENT OF DISPUTES
Users can report any disputes to the data controller, who will try to resolve amicably. Although it remains without prejudice to the right of Users to bring an action in court, in case of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document. The User may address his complaint to the e-mail address of the data controller indicated in this document, including a brief description and, where applicable, the details of the order, purchase or account concerned. The Data Controller will process the request without undue delay and within 21 days of its receipt.
CONSUMER DISPUTE SETTLEMENT PLATFORM
The European Commission has introduced an online platform for alternative dispute resolution that promotes the out-of-court settlement of disputes related to and arising from online sales and service contracts. Therefore, any European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
DEFINITION AND LEGAL REFERENCES
THIS WEBSITE (OR THIS APPLICATION)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the data controller and the User governed by the Terms.
Any User who does not meet the definition of Consumer.
EUROPEAN (OR EUROPE)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
TYPE OF WITHDRAWAL FORM:
Addressed to:Archimede Seguso | Vetreria artistica S.r.l. Fondamenta Serenella, 18 - 30141 Murano VEP.IVA 02861450274 C.F.: 00299420273 R.E.A. VE 51448 Cap. sociale 10920,00 € i.v. PEC:email@example.com@aseguso.com
with the present I/we notify the withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________________________(insert here a
description of the goods/services from which you intend to withdraw)
Ordered on: _____________________________________________ ( write date)
Received on: _____________________________________________ (write date)
Name of consumer/s:_____________________________________________
Address od consumer/s:_____________________________________________
(sign only if this form is notified in paper form)
DATA CONTROLLER (OR WE)
Indicates the natural or legal person who provides this Website and/or offers the Service to Users.
A good or service that can be purchased through this Website, such as a material good, digital files, software, reservation services etc. The sale of a Product may be part of the Service, as defined above.
The service offered through this Website as described in the Terms and on this Website.
All conditions applicable to the use of this Website and/or the provision of the Service as
described in this document as well as any other document or agreement related to it, in the
most up-to-date version respectively.
USER (OR YOU)
Indicates any natural person who uses this Website.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.
Last modified: May 26, 2020
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