These Terms govern
- the use of protecting.it 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 entity responsible for protecting.it is:
HD casa srl - Via E. De Filippo 24 - 84062 Olevano Sul Tusciano (SA) VAT number 05688500650
Owner's email address: info@proteggendo.it
What you need to know at a glance
- The right of withdrawal applies only to European Consumers.
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
- The use of proteggere.it and the Service is reserved for Users of legal age pursuant to applicable law .
TERMS OF USE
Unless otherwise specified, the terms of use of proteggere.it set out in this section are generally valid.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using difesa.it the User declares to satisfy the following requirements:
- There are no restrictions regarding Users as to whether they are Consumers or Professional Users;
- You are of legal age under applicable law;
Registration
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
It is not possible to use the Service without opening a User account.
It is the responsibility of Users to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on protecting.it.
By creating an account, the User agrees to be fully responsible for any activity carried out with his/her access credentials. Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, illegally disclosed or stolen.
Account Closure
The User is free to close his/her account and cease using the Service at any time by following this procedure:
- By contacting the Owner at the contact details in this document.
Account Suspension and Cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on protecting.it
Unless otherwise specified or clearly recognizable, all content available on difesando.it is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on difesando.it does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims legally enforceable, Users are requested to address the related complaints to the addresses specified in this document.
Rights on the contents of protecting.it
The Owner 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 limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on difesando.it, and from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on protezione.it, the User is authorized to download, copy and/or share certain content available on protezione.it exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through protecting.it Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
Permitted use
Protegendo.it and the Service may be used only 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 protezione.it and/or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to difesando.it or the Service, terminate contracts, report any reprehensible activity carried out through difesando.it or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:
- violations of laws, regulations and/or the Terms;
- infringement of third party rights;
- actions that may significantly harm the legitimate interests of the Data Controller;
- offences to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on difesa.it as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of difesa.it.
To purchase the Products, the User is required to register or log in to difesando.it.
Product Description
Prices, descriptions and availability of the Products are specified in the respective sections of difesa.it and are subject to change without notice.
Although the Products on difesando.it are presented with the greatest technical accuracy possible, the representation on difesando.it by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
- Users are requested to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
- Users can check their selection, modify, add or remove items and, where applicable, provide specific instructions (for example “send it with a courtesy receipt”).
- To access the checkout area, Users must click the relevant button.
- Within the checkout area, Users who already have an account on proteggere.it can log in. Accounts are created through Prestashop and allow Users to access the status of the current purchase and the purchase history. To receive information on the processing of personal data and related rights, the User can consult the privacy policy of Prestashop and proteggere.it.
- Users will be asked, in subsequent steps, to confirm their registered billing and shipping address and to specify a shipping and payment method of their choice. Before being able to proceed with the selected payment method, Users must accept the Terms.
- During the purchase process, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Coupon) or abandon the purchase process altogether without any consequences.
- After providing all the requested information, Users are asked to carefully check the order and, subsequently, confirm and forward it using the relevant button or mechanism on difesando.it, thereby accepting these Terms and committing to pay the agreed price.
Sending the order
Sending the order entails the following:
- The sending of the order by the user determines the conclusion of the contract and creates for 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 personal information or data, specifications or particular requests, the forwarding of the order also constitutes the obligation for the User to collaborate accordingly.
- Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on proteggere.it:
- include all applicable fees, taxes and charges.
Payment methods
Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of proteggere.it.
All payments are handled independently by third-party services. Therefore, protecting.it does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from the failed or rejected payment are borne by the User.
Payment by installments
The purchase price can be paid in two or more installments, within the terms specified on difesa.it or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
Retention of title
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Contractual right of withdrawal
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of difesa.it within 15 days of the conclusion of the contract.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided 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 countries or territories specified in the relevant section of proteggere.it.
Delivery times are indicated on difesa.it or during the purchase procedure.
Unless otherwise specified on difesa.it or agreed with the User, the Products are delivered within thirty (30) days of purchase.
Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.
User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found 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 comply with 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 period expire?
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In the 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 User and other than the courier – takes possession of the goods.
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In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised 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 withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User .
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
- of supply of digital content on a non-material medium, when the performance has begun with the express consent of the User and with the acceptance of losing the right of withdrawal;
- for the supply of goods made to measure or clearly personalized;
- for the supply of goods which are liable to deteriorate or expire rapidly;
- of supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- of provision of services after the service has been fully performed, when the performance has begun with the express consent of the User and with the acceptance of losing the right of withdrawal following the complete execution of the contract;
Legal guarantee of conformity of the Product
According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on difesa.it in accordance with the laws of the country in which they habitually reside.
National laws of such country may grant such Users broader rights.
Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnity
European Users
Indemnity
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees from any claim or demand - including, without limitation, legal fees and costs - made by third parties due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, co-branders, partners and employees, to the extent permitted by law.
Limitation of liability for User activities on difesa.it
Unless otherwise specified and without prejudice to the applicable legal provisions regarding product liability, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the liability of the Owner for death, personal injury or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by fraud or gross negligence, provided that the use of difesando.it by the User has been suitable and correct.
Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Owner assumes no responsibility for:
- any loss of profits or other losses, even indirect, that the User may have suffered (such as, by way of example only, trading losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
- damages or losses resulting from interruptions or malfunctions of difesando.it due to causes of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications;
- any losses that are not a direct consequence of a breach of the Terms by the Owner;
Notwithstanding the foregoing, the following limitations apply to all Users who do not act as Consumers:
In the event of liability of the Owner, the compensation due cannot exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
Common provisions
No Waiver Implied
Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit protezione.it or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Privacy policy
The information on the processing of Personal Data is contained in the privacy policy of protecting.it, which forms an integral and binding part of the Terms.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to difesando.it are held exclusively by the Owner or its licensors and are protected under the applicable legislation and international treaties on intellectual property.
All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with difesando.it are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may entitle either party 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 Owner.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of protecting.it must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original intent.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and prevail over any other communications, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.
European users
If any provision of these Terms is or becomes void, invalid or ineffective, the parties will do their best to find, in an amicable way, a valid and effective provision to replace the void, invalid or ineffective one.
In the event of failure to reach an agreement within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of difesa.it or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User can forward a complaint to the Owner through the appropriate section of proteggerendo.it, following the relevant instructions.
The Data Controller will process the request without undue delay and within 3 days of receiving it.
Amicable resolution of disputes between Users
Users may report to the Owner disputes with other Users arising from the use of proteggerendo.it. The Owner will work to mediate the opposing requests in order to reach a consensual solution.
Although the right of Users to initiate legal action remains unaffected, in the event of disputes between Users arising from the use of proteggerendo.it or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .