Terms of Service
Terms and Conditions of andrewfive.com
ANDREA QUINTO'S ELE FIVE
VAT number: 08651810726
These Terms govern
- your use of this Application e
- 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 this Application is:
Owner's email address: 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 are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users.
Unless otherwise specified, the conditions of use of this Application set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Application, the User declares to meet the following requirements:
- There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;
- You are not located in a country subject to a government embargo by the United States of America or in a country listed by the Government of the United States as a state sponsor of terrorism;
- You are not listed on any US Government Denied Contractor list;
To use the Service, the User can open an account by 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 access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
The User is free to close his account and cease using the Service at any time, following this procedure:
- By contacting the Data Controller at the contact details in this document.
Account suspension and deletion
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 indemnity.
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.
Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
Rights to the contents of this Application
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, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating derivative works based on the content available on this Application, to allow third parties to engage in such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain contents available on this Application exclusively for personal and non-commercial purposes and on condition that the attribution of the 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 legislation remain unchanged.
Access to external resources
Through this Application, 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 granting 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 Application 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 sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate any law, regulation or third party rights.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Application or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Application or the Service to the competent authorities - p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
- violations of law, regulation and/or the Terms;
- infringement of third party rights;
- acts that may considerably prejudice the legitimate interests of the Data Controller;
- offenses to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Application 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 this Application.
Prices, descriptions and availability of the Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the greatest accuracy technically possible, the representation on this Application by any means (including, as the case may be, graphics, images, colors, sounds) are intended for reference only and do 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 phase, from choosing the product to placing the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are requested 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 the order
Placing your order involves the following:
- The sending of the order by the user determines the conclusion of the contract and causes 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 User's obligation to collaborate with consequence.
- 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 e-mail address provided by the User for this purpose.
During the purchase procedure 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 this Application:
- depending on the section that the User is consulting, they include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.
Means of payment
The details relating to the accepted means of payment are highlighted during the purchase procedure.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this Application.
Any other payment methods, if any, are provided independently by third party services. In these cases, this Application does not collect any payment information - such as credit card details - but receives a notification from the relevant third-party provider when the payment is 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 Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.
Authorization for future payments via PayPal
In the event that the User authorizes the PayPal function that allows future purchases, this Application will store an identification code linked to the User's PayPal account. In this way this Application will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by changing the PayPal personal settings.
Retention of title
Until payment of the full purchase price is received by the Owner, 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 order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the addresses listed in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Application.
Delivery times are indicated on this Application or during the purchase process.
Unless otherwise specified on this Application or agreed with the User, the Products are delivered within thirty (30) days of purchase.
The Owner is not liable in any way for any delivery errors deriving 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 has been appointed by the courier. '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 charged to the User.
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 has 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.
Exercise of 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 can 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 respect 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 period 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.
- In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good made up 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 - from these appointed 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 remain the responsibility of the User.
The refund 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 means of payment used for the initial transaction. The User does not have to bear any costs as a result 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 his 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 deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are charged to the User .
Legal guarantee of Product conformity
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 obliged 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 items available on this Application in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant such Users broader rights.
Consumers who are not acting as European Consumers may have rights to a guarantee of conformity under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnification
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or defense which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory laws and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to a new provision of the services or to the payment of the cost for the repetition of their provision.
The Owner provides this Application "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, 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 Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; 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 User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or malfunction with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which 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 applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
- any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; And
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your User account or the information contained therein;
- any errors, omissions or inaccuracies in the contents;
- personal injury or property damage, of any nature, resulting from your access to or use of the Service;
- any unauthorized access to the Data Controller's security servers and/or any personal information stored therein
- any interruption or termination of transmissions to or from the Service;
- any bugs, viruses, trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions 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 event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount exceeding the one paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of
- your use of or access to the Service, including any data or content you transmit or receive;
- your breach of these Terms, including, without limitation, any breach by you of any representations or warranties set forth in these Terms;
- your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
- your violation of any applicable law, rule or regulation
- any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's personal username and password or other measures security, if any;
- the willful conduct of the User; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
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 to any other right.
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, 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 Owner 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, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected pursuant to legislation and international treaties applicable to intellectual property.
Changes to 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.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to 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.
All communications relating to the use of this Application must be sent to the addresses indicated in this document.
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent 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 object.
These Terms will be enforced to the fullest extent permitted by law.
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the 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 conflict rules.
Exception for European Consumers
However, regardless of the foregoing, 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 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 acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of this Application or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, 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 Resolution Platform
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .
Definitions and legal references
This Application (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 meet the definition of Consumer.
European (or Europe)
Defines a User physically present or having its registered office in the European Union, regardless of nationality.
Model withdrawal form
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 purchase you intend to withdraw)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer(s):_____________________________________________
- Address of the consumer(s):_____________________________________________
- Date: _____________________________________________
(sign only if this form is notified in paper version)
Owner (or We)
Indicates the natural or legal person who provides this Application and/or offers the Service to Users.
A good or service that can be purchased through this Application, such as for example a tangible good, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through this Application as described in the Terms and on this Application.
All the conditions applicable to the use of this Application 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 updated version.
User (or You)
Means any natural person who uses this Application.
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.