GENERAL CONDITIONS OF SALE
These general conditions (the “General Conditions”) define the general terms and conditions for the use of business to consumer services and business to business services offered by L’Artistica Srls, based in Via Emilia 80 – 27058 Voghera, Italy, (the “Company” or “we”) accessible on this site https://www.ibuonisiamonoi.it/ (the “Site”).
Before starting to browse the Site and in any case before using and registering on the section of the Site that offers e-commerce services, we invite users to carefully read these General Conditions of Sale. It is understood that the General Conditions of Sale include any notes, legal notices, information or disclaimers published on the Site relating to the services offered by the Company as well as the terms referred to through links on this page.
Access, navigation and use of the Site and its freely accessible uses constitutes express acceptance of the terms set out in these General Conditions of Sale which require registration on the Site or its Platforms and therefore entails the obligation to respect them.
To use all the services offered by the Company through the Platform, registration on the Platform is required as well as full acceptance of the General Conditions.
In the event that you do not intend to accept in whole or in part these General Conditions, or any other note, legal notice, information or disclaimer published on the Site, we invite you not to use the Site, the related Platforms and services.
1. DEFINITIONS
In addition to the terms defined elsewhere in these General Conditions, the terms listed below will have the meaning attributed to each of them:
“Buyer”: means any natural or legal person, registered on any of the Platforms, who purchases through the Platforms the products made available by the Sellers, including B2C Buyers and B2B Buyers;
“Site”: means this Site https://www.ibuonisiamonoi.it/;
“Users”: means users who access the Site, including Buyers;
“Registered Users” means the Users who have completed their Registration on the Site.
2. CHANGES AND ADDITIONS TO THE GENERAL CONDITIONS
The Company reserves the right, at any time, to modify, supplement and / or cancel, in whole or in part, the policies, these General Conditions, and any accessory document to offer new products or services or to adapt to the market requirements or legal and regulatory provisions. In this case, we undertake to notify Users of the contractual changes by publishing a notice on the Homepage of the Site or, as the case may be, of the Site and to update the General Conditions.
The User undertakes to regularly check the General Conditions and expressly agrees that their use of the Site, following the communication of the change, constitutes an unequivocal manifestation of their acceptance.
Where a User does not intend to accept the changes made by the Company, he will have the right at any time to request the cancellation of his Account by following the procedure available on his personal area of the Site or by writing an email to info@ibuonisiamonoi.it with the subject “Account Cancellation” .
3. REGISTRATION
3.1. ACCOUNT
To purchase on the Site it is not necessary to register, however it is possible to create your own personal account (the “Account”) by providing some personal information, indicating a valid e-mail address and, in general, following the registration procedure illustrated by time after time.
All information provided at the time of the registration request will be included in the registration data. All User registration data will be processed and used by the Company in compliance with the confidentiality and security rules established by law, as indicated in the Company’s Privacy Policy.
The Account is considered personal for the purpose of selling and purchasing products through the Platforms and therefore cannot be used on behalf of other natural or legal persons, nor can multiple Accounts be created for the same User.
Registered Users undertake to promptly update the data provided during registration in the event of subsequent changes and changes. Registered Users will be solely responsible for the truthfulness, completeness, accuracy and updating of such information.
The Company also reserves the right to validate, directly or through third parties, the Accounts of Users Registered on the Site, as well as the truthfulness of the information provided, where they do not comply with the requirements set out in paragraph 3.2 below or there is reason to believe that the information communicated is false. Notwithstanding the foregoing, the Company does not in any way guarantee the identity of Registered Users who use the Site.
3.2. REQUIREMENTS
All persons who have reached the age of eighteen, or who turn out to have reached the age of majority in their country of residence, can use the services of the Site.
3.3. CREDENTIALS OF REGISTERED USERS
The User is required to maintain the secrecy and security of his e-mail address and password (the “Credentials”) chosen when registering on the Site.
The Registered User cannot communicate their credentials to third parties (who are not authorized to use the Account).
In the event of credentials being compromised, the Registered User is required to promptly notify us by writing to info@ibuonisiamonoi.it, in order to be able to suspend the Account and avoid unauthorized transactions. The suspension of the Account by the Company requires a minimum period of 1 business day from the date of receipt of the communication.
In no case can the Company be held liable for costs, expenses or damages incurred by the Registered User for the loss of their Credentials not promptly communicated or incurred during the minimum term of suspension of the Account by the Company referred to in the previous paragraph.
3.4. ACCOUNT LIMITS
The use of the Platforms, and the Site in general, may be subject to restrictions, such as limits on the volume of transactions or limits on the purchase of certain products. These limits are established based on performance and risk factors, including, by way of example, our assessment of the risks associated with the Registered User’s Account and its location.
In case of violation of the applicable legal provisions, of these General Conditions, or of the guidelines, notes, disclaimers or further notices published by the Company on the Site by a Registered User, the Company reserves the right, at its sole exclusive discretion, to (i) remove or modify the contents published by the Registered User on the Platforms and / or (ii) prevent access to the Platforms, to suspend or, in the cases listed in Article 11 below, delete the Registered User’s Account .
3.5. MINORS
For the registration to any of the Platforms by Users, natural persons, the age of majority is required. Minors can use the services offered by I Buoni Siamo Noi through the Site exclusively with the assistance of a parent or guardian.
4. REVIEWS, COMMENTS AND OTHER CONTENT PROVIDED BY THE USER
4.1. REVIEWS AND COMMENTS
Upon completion of each sale, Buyers will have the right to issue, as appropriate, a comment and a rating on the Seller, a comment on the related products purchased and, in general, on the shopping experience. To this end, each Buyer undertakes not to publish comments having illicit, obscene, abusive, intimidating, defamatory content, or in violation of privacy, intellectual property rights or otherwise offensive to the Company and / or third parties or to political propaganda, commercial solicitation, viruses, chain letters, mass e-mails or any other form of spamming.
The Company reserves the right to remove or modify the content published in violation of these General Conditions or the applicable legislation.
4.2. CONTENT PROVIDED BY THE USER
In no case may the User use a false e-mail address, pretend to be another person or subject or in any other way lie about the origin of the content uploaded by the same.
The User will be the one and only responsible for the content uploaded to the Platforms, as well as, by accepting these General Conditions, declares and guarantees
(1) to have the ownership or in any case the full availability of all the rights relating to the published contents, including the full right to publish them;
(2) that, on the date the content or material is published:
(i) the content and material are accurate and relevant;
(ii) the use of the content and material provided does not violate any of the Company’s policies and guidelines; is
(iii) the published content does not violate the rights of third parties.
If the User deems that a content, of any kind, published on the Site, contains a defamatory statement or that his own intellectual property right has been violated due to the publication of certain information on the Site, we invite the User to send us an email to info@ibuonisiamonoi.it with all the information necessary to evaluate the case and promptly eliminate any possible content where the violation incurred by any of the Users or third parties is ascertained.
Except in cases where any liability is attributable to the failure to remove illegal content following the receipt of a suitable report to info@ibuonisiamonoi.it, the User undertakes to indemnify and hold harmless the Company from all legal actions taken by third parties against the Company deriving from or in any case connected with the contents and materials provided by the User and published on the Site.
5. CONDITIONS OF USE OF THE SITE
5.1. USE PERMITTED
In no case may the User act as a payment service provider, intermediary, service agency, or otherwise resell the services offered by the Company on behalf of third parties, for example, by handling, processing and transmitting funds on behalf of third parties.
In using the Site, Users undertake to comply with the provisions of applicable law, regulations and rules of ethics and good use of network services. In particular, they undertake not to:
– violate the laws in force or simulate purchase negotiations and / or hold unfair commercial conduct;
– spread computer viruses or other technologies capable of damaging the Site or its Users;
– carry out actions that could cause an unreasonable overload to our technological infrastructures and that could interfere with the correct use of the Site by other Users;
– send chains of Sant’Antonio or proposals for pyramid schemes; copy, reproduce, alter, modify or disseminate the contents published by other “producers” without their express consent;
– circumvent the measures taken in order to prevent or limit access to the Site and its use;
– duplicate and / or create Accounts other than your own, making them payable to fictitious names or partially with data common to other users already registered;
– in general, do not disturb, directly or through third parties, in any way the Site or the use of the same by other Users.
6. INTELLECTUAL PROPERTY
6.1. COPYRIGHT, RIGHTS ON DATABASES AND CONTENT
All content present or made available through the Site in the form of texts, graphics, logos, icon buttons, images, data and software collections, lists or other databases, are the property of the Company or its content suppliers and are protected by Italian laws and international laws on copyright, industrial law and database rights.
It is not allowed to systematically extract and / or reuse data or parts of the content published on the Site without the express written consent of the Company. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to mine (one or more times), to reuse any substantial part of the Site, without our express written consent. Under no circumstances will the User have the right to create and / or publish their own database that reproduces substantial parts (eg. Prices and product lists) of the Site without the express written consent of the Company.
It is not allowed to download and reuse texts and photographic material produced by the Company without the express written consent of the Company and any contents authorized and used by users must clearly report the owner of the intellectual property, namely the words “I Buoni Siamo Noi” , and redirect to one of the pages of the Site.
6.2. BRAND NAMES
The graphic material, logos, page headers, icon buttons, characters and service marks included or made available through the Site are trademarks or distinctive signs of the Company.
The Company’s trademarks and distinctive signs cannot be used in relation to products or services that are not of the Company, in such a way as to generate confusion among customers or in any way that could denigrate or discredit the Company.
All other trademarks not owned by the Company that appear on the Platforms are the property of their respective owners, who may or may not be connected, connected to the Company and / or sponsored by the same.
6.3. LICENSES
The ownership rights of the contents, including texts, photographs and anything else published on the Site by the user, (the “Contents”) are owned by the Registered User who uploaded them through their Account.
Upon publication of the Contents on the Site, the Registered User grants the Company a perpetual, free, non-exclusive and unrestricted territorial license to use, reproduce, distribute, transfer to third parties, sub-license, view the Contents also in relation to to the provision of the Services I Buoni Siamo Noi as well as in the context of further services and commercial and / or advertising activities carried out by the Company, including, but not limited to, the promotion and redistribution of all or part of the Site or any of its Platforms in any format and by any distribution channel.
Notwithstanding the foregoing and unless otherwise agreed in writing with the Company, all photos, videos and / or other material directly created by the Company is the exclusive property of the Company.
7. TEMPORARY INTERRUPTION OF SERVICES
The Company undertakes to do everything possible to ensure that access to the Site is provided without interruptions and that transmissions take place without errors. However, due to the nature of the internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. In addition, access to the Site may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services. Such interruptions will, if possible, be communicated on the Site.
At any time, the Company may make improvements and / or changes to the Site if this is necessary for technical reasons or in order to comply with current legislation.
8. LIMITATIONS OF LIABILITY
The Company assumes no responsibility for content created or published on third party sites with which the Site has a hypertext link (“link”). The Company does not control these links and is not responsible for their contents or their use. The presence of links on the Site does not imply any acceptance by the Company of the material published on such websites or any other relationship between the Company and the managers of the same. The User who decides to visit a website connected to the Site does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Users assume all responsibility for any damage that may arise to their computer system from the use of the Site.
