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 person responsible for protecting.it is:
HD casa s.r.l. - Via E. De Filippo 24 - 84062 Olevano Sul Tusciano (SA) VAT number 05688500650
Owner contact email: 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.
- The use of protendo.it and the Service is reserved for Users of legal age pursuant to applicable law .
CONDITIONS OF USE
Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
By using protendo.it, the User declares to meet the following requirements:
- There are no restrictions on Users with respect to whether they are Consumers or Professional Users;
- The User is of age under the applicable law;
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 the Users to keep their login 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 protendo.it.
By creating an account, the User agrees to be fully responsible for any activity carried out with his or her login credentials. Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.
The User is free to close their account and stop using the Service at any time, by following this procedure:
- By contacting the Data Controller at the addresses 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 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 compensation.
The 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 about protecting.it
Unless otherwise specified or clearly recognizable, all content available on protendo.it is owned or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on protendo.it does not violate applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without any prejudice to the rights and legally enforceable claims, Users are requested to address their complaints to the addresses specified in this document.
Rights to the contents of protecting.it
The Owner expressly holds and 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 exclusions, 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 o create derivative works from the content available on protendo.it, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on protendo.it, the User is authorized to download, copy and / or share certain content available on protendo.it exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the 'work as well as an indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright law remain valid.
Access to external-resources
Through protendo.it, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the 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.
Proteggendo.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 proteendo.it and / or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Data Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to proteendo.it or to the Service, terminate contracts, report any censurable activity carried out. through protendo.it 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 law, regulations and / or the Terms;
- infringement of third party rights;
- acts that may considerably prejudice the legitimate interests of the Data Controller;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on protendo.it as part of the service are subject to a fee.
The tariffs, duration and conditions applicable to the sale of such Products are described below and in the respective sections of protecting.it.
In order to purchase the Products, the User is required to register or log in to protecting.it.
Prices, descriptions and availability of the Products are specified in the respective sections of protecting.it and are subject to change without notice.
Although the Products on protendo.it are presented with the greatest accuracy technically possible, the representation on protendo.it by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each step, from choosing the product to placing the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
- Users can check their choice, 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.
- Users will be prompted, in subsequent steps, to confirm the 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 can, 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 procedure altogether. purchase without any consequence.
- After having provided all the requested information, Users are requested to carefully check the order and, subsequently, confirm and forward it using the relevant button or mechanism on protendo.it, thus accepting these Terms and committing to pay the agreed price.
Sending 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 obligation of the User 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 obligation of the User to cooperate accordingly.
- 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 e-mail address provided by the User for this purpose.
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.
The prices on protendo.it:
- include all applicable fees, taxes and costs.
Means of payment
Details of the accepted means of payment are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of protendo.it.
All payments are managed independently by third party services. Therefore, protendo.it does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.
In the event that the payment made by 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 arising from the failed or refused payment are the responsibility of the User.
Payment by installments
The purchase price can be paid in two or more installments, within the terms specified on protecting.it or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
Retention of title
Until the payment of the full purchase price is received by the Owner, 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 in accordance with the terms and conditions set out in the relevant section of protendo.it within 15 days of the conclusion of the contract.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details indicated in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.
The delivery can take place in the countries or territories specified in the relevant section of protecting.it.
Delivery times are indicated on protecting.it or during the purchase procedure.
Unless otherwise specified on protendo.it or agreed with the User, the Products are delivered within thirty (30) days of purchase.
The Owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter is 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, any delivery attempt starting from the second will be charged to the User.
Right of withdrawal
Unless there is an exception, the User may have the right to withdraw from the contract within the term 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 enjoys the right of withdrawal
If one of the exceptions listed below does not occur, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need to 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 the Owner an unequivocal communication of their intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their 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 declaration of withdrawal 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 him and other than the courier - takes possession of the goods. < / p>
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 in which the User or a third party - appointed by him and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner 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 cheapest standard delivery offered by the Owner, will be borne by the User.
The reimbursement takes place 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 is made using the same payment method used for the initial transaction. The User must not incur any costs as a consequence of the withdrawal.
... on contracts for the purchase of material goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated your intention to withdraw from 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 the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods resulting from the use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are borne by the User .
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
- for the supply of digital content on non-material support, when the execution 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 that are liable to deteriorate or expire rapidly;
- for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- for the provision of services after the service has been fully performed, when the execution 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; </ li>
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 quality, functionality or characteristics promised or reasonably foreseeable 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 items available on protendo.it in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant these Users broader rights.
Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside.
Limitation-of-liability and indemnity
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim - including, without limitation, legal fees and expenses - advanced by third parties due to or in connection with negligent conduct such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents , co-owners of the brand, partners and employees, to the extent required by law.
Limitation-of-liability for user activities on protendo.it
Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded. p>
The foregoing does not limit the Controller's liability for death, damage to the person or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or damage caused with willful misconduct or gross negligence, provided that the use of protendo.it by the User was appropriate and correct.
Unless the damages have been caused with intent or gross negligence or affect life and / or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits indicated above, the Owner assumes no responsibility for:
- any loss of earnings or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
- damages or losses deriving from interruptions or malfunctions of protendo.it due to 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 o interruptions to telephone or electrical lines, Internet connection and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of third party products, services or applications; >
- any losses that are not a direct consequence of a breach of the Terms by the Owner;
Notwithstanding the foregoing, the following restrictions apply to all Users who do not act as Consumers:
In the event of the Controller's liability, the compensation due cannot exceed the total amount of payments that have been, will or could be contractually due to the Controller by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
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 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 Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructural malfunctions, blackouts etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit protecting.it or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program. </ p>
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to proteendo.it are held exclusively by the Owner or by his licensors and are protected under the laws and international treaties applicable to intellectual property.
All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with protendo.it are and remain the exclusive property of the Owner or its licensors and are protected under the regulations and international treaties applicable to intellectual property.
The Owner reserves the right to change the Terms at any time. In this case, the Owner will inform the Users of the changes.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.
The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Owner.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of protendo.it must be sent to the addresses indicated in this document.
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted within the limits necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject.
These Terms will be implemented to the fullest extent permitted by law.
If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance , that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.
Exception for European-consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has 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 any dispute arising from or in connection with the Terms rests with 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 acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Friendly-settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of protendo.it or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
The User can submit a complaint to the Data Controller through the appropriate section of Protendo.it, following the relevant instructions.
The Data Controller will process the request without undue delay and within 3 days of receiving it.
Friendly-resolution of disputes between Users
Users can report disputes with other Users deriving from the use of protendo.it to the Owner. The Owner will endeavor to mediate the opposing instances in order to reach a consensual solution.
Although the right of Users to take legal action remains unaffected, in the event of disputes between Users deriving from the use of protecting. it or the Service, Users are requested to contact the Data Controller at the addresses indicated in this document.
Consumer-dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here .
Definitions and legal references
Proteggendo.it (or this Application)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not correspond to the definition of Consumer.
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Model withdrawal form
HD casa s.r.l. - Via E. De Filippo 24 - 84062 Olevano Sul Tusciano (SA) VAT number 05688500650
I / we hereby 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: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of the consumer (s): _____________________________________________
- Address of the consumer (s): _____________________________________________
- Date: _____________________________________________
(sign only if this form is notified on paper)
Owner (or Us)
Indicates the natural or legal person who provides protendo.it and / or offers the Service to Users.
A good or service that can be purchased through protendo.it, such as tangible goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through protendo.it as described in the Terms and on protendo.it.
All the conditions applicable to the use of protendo.it and / or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most up-to-date version.
User (or You)
Indicates any natural person you use by protecting.it.
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.