Terms and Conditions of Reregalo.store
These Terms govern
- the use of this Web Site and
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalised expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Web Site is:
Italtrade S.r.l. - Viale Guglielmo Marconi, 27 - 26020 Spinadesco (CR)
Owner's email address: commerciale@italtradesrl.com
"This Website" refers to
- this site, including its sub-domains and any other site through which the Owner offers the Service;
To know at a glance
- The right of withdrawal only applies to European Consumers.
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.
- The use of this Web Site and the Service is restricted to Users of legal age under applicable law..
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Web Site set out in this section apply generally.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Web Site the User declares that he fulfils the following requirements:
- There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users.
- The User is of legal age under applicable law;
Registration
To use the Service, the User may open an account by providing all the required data and information 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 access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Web Site.
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 notify the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disclosed or stolen.
Registration requirements
The registration of a User account on this Web Site is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.
- Unless otherwise specified, each User may only create one account.
Closing an account
The User is free to close his/her account and cease using the Service at any time by following this procedure:
- Contacting the Owner at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User's account at any time in its sole discretion and without notice if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or deletion of an account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the User shall not relieve the User from payment of any applicable fees or prices.
Content on this Web Site
Unless otherwise stated or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of this Web Site
The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents.
Users are not authorised to use the contents in any way that is not necessary or implicit for the proper use of the Service.
In particular, but without any exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Web Site, the User is authorised to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.
The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through this Web Site 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 possible concessions of rights on contents, are determined by the third parties themselves and regulated in their terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or the rights of third parties.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing:
- violations of law, regulations and/or the Terms;
- infringement of the rights of third parties;
- acts which may considerably prejudice the legitimate interests of the Controller;
- offences against the Controller or a third party.
TERMS AND CONDITIONS OF SALE
Paid-for Products
Some of the Products offered on this Website as part of the service are chargeable.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.
In order to purchase Products, the User must register or log in to this Web Site.
Product Description
Prices, descriptions and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.
Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from the selection of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure comprises the following steps:
- Users are requested to choose the desired Product, to have it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.
- Users may check their choice, modify, add or remove items.
- Users will be asked to specify their billing address, contact details and a means of payment of their choice.
- In the event that the purchase involves the delivery of a Product, it may be necessary for Users to provide a shipping address.
- During the purchase process, Users may, at any time, modify, correct or replace the information provided or cancel the purchase process altogether without any consequences.
- After providing all the required information, Users are requested to carefully check the order and may then proceed to checkout.
To place an order, Users are required to accept these Terms and to use the respective button or mechanism on this Website, thereby 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 gives rise to the User's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also creates an obligation for the User to cooperate accordingly.
- Once the order has been placed, 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.
Prices
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.
The prices on this Web Site:
- depending on the section the User is consulting include all applicable commissions, taxes and costs or are quoted net of applicable commissions, taxes and costs.
Promotions and discounts
The Owner may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder's location as indicated in the contact details in this document.
Vouchers
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the terms and conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfil his contractual obligations and expressly reserves the right to take appropriate action, including legal action, to protect his rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers set out on the relevant information page or on the Voucher itself shall prevail in any case, irrespective of the provisions below.
Unless otherwise stated, the following rules apply to the use of Vouchers:
- Each Voucher is only valid if used in the manner and within the time period specified on the website and/or on the Voucher;
- The Voucher can only be redeemed in full at the time of purchase - partial use is not permitted;
- Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of instalment purchases;
- Vouchers are not cumulative;
- The Voucher must be redeemed within the specified period of validity. Once the period has expired, the Voucher will be automatically cancelled. The User is not entitled to any rights, including the reimbursement of the value of the Voucher;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
- The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and commercialisation of the Voucher is strictly forbidden, as is any illicit activity connected with the purchase and/or use of the Voucher.
Means of Payment
Details of the means of payment accepted are highlighted during the purchase process.
Some means of payment are linked to further conditions or involve additional costs. Details can be found in the relevant section of this Website.
All payments are handled independently by third party services. Therefore, this Web Site 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 refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Reservation of title
Until receipt of payment of the full purchase price by the Holder, the User does not acquire ownership of the Products ordered.
Delivery
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 given herein 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 following countries or territories: Italy, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Croatia, Austria, Germany, Greece, Belgium, Luxembourg, France, Holland, Spain (excluding Canary Islands, Ceuta and Melilla), Portugal (excluding Azores Islands), England, Eire, Denmark, Finland, Sweden.
Delivery times are indicated on this Web Site or during the purchase process.
Unless otherwise specified on this Web Site or agreed with the User, the Products are delivered within thirty (30) days after purchase.
Agreed delivery
Upon agreement with the Owner, Users may arrange for the collection of the purchased goods by a courier of their choice in a timely manner and bearing the risks and costs involved.
Non-delivery
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of 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 agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further arrangements.
Unless otherwise specified, each delivery attempt after the second will be at the User's expense.
Delivery subject to conditions
Delivery of certain Products, such as alcoholic beverages, restricted content or the like, may be subject to the existence of additional conditions in the recipient under applicable law, the Terms or any other relevant document.
At the time of delivery of such Products, Users may be required to provide proof or affidavits that such conditions exist - for example, that they are of legal age under applicable law.
Failure to comply with legal or contractual conditions may prevent delivery of the Products.
Your rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercising the right of withdrawal
In order to exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.
If for any reason the User is not satisfied with his purchase, he may return it within 14 days from the date of delivery, provided that the product is intact and in perfect condition.
Quando scade il termine di recesso?
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In the case of the 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 case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.
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The item must be correctly packed and sent to the following address:
Italtrade S.r.l.
Viale Guglielmo Marconi, 27
26020 Spinadesco (CR) -
after sending an email to the email address vendite@italtradesrl.com indicating the order number and personal references to be contacted.
Goods are considered returned when they are handed over to the post office or forwarding agent.
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When sending please indicate your preference that the amount be recharged to your virtual purse (in the form of store credit) or refunded directly to your bank account.
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We would like to remind you that according to current regulations, the refund is provided net of incidental costs (packaging and shipping) and that the shipping costs for returning the goods are the responsibility of the consumer.
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If a credit card was used for payment, the amount will be refunded directly to the card; otherwise, we will ask you to indicate the details of the current account to which the payment should be made (Account holder, Account number, ABI, CAB). The refund will be made within the terms provided by law (within 14 days from the date of return of the product) and will be notified by e-mail.
Effects of withdrawal
The Holder shall refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised their 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 Holder shall remain the User's responsibility.
The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder 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 as was used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
... on contracts for the purchase of goods
Unless the Holder has offered to collect the goods, the User shall return them to the Holder or to another person authorised by the Holder to receive them without undue delay and in any event 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 carrier or other authorised person takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return.
The User shall be liable for any decrease in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and functioning.
The return shipping costs shall be borne by the Holder.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
Legal guarantee of conformity of the Product
According to European legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which they ordinarily reside.
The national laws of such country may grant such Users more extensive rights.
In particular, Consumers residing in France may exercise their conformity guarantee rights within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The time period for which the Consumer is exempted from producing proof is reduced to six months in the case of used goods.
By exercising the right of guarantee, the Consumer may choose between requesting replacement or repair of the defective good under the conditions specified in the French Consumer Code.
This legal guarantee of conformity is applicable irrespective of any further commercial guarantee granted by the Holder.
The Consumer may also exercise the right of guarantee for hidden defects under the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase or reduction of the price.
Consumers who are not acting as European Consumers may have conformity guarantee rights under the regulations of the country in which they are normally resident.
Limitation of Liability and Indemnity
European Users
Indemnity
You agree to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with negligent conduct such as using or connecting to the Service, violation of these Terms, violation of third party rights or laws by you, your affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.
Limitation of liability for User's activities on this Web Site
Unless otherwise stated and subject to the provisions of applicable product liability law, all claims for damages against the Owner (or any person or entity acting on its behalf) are excluded.
The foregoing does not limit the Holder's liability for death, damage to the person or to physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as obligations that are strictly necessary for the fulfilment of the cause of the contract, and/or to damage caused by wilful intent or gross negligence, provided that the User's use of this Website has been appropriate and correct.
Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Common Provisions
No implied waiver
The Holder's failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.
Interruption of the Service
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or for any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Data Controller will ensure that Users can retrieve their Personal Data and information in accordance with the law.
In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale programme.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Web Site.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks - whether word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
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 only affect the relationship with the User in the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of the rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications relating to the use of this Web Site should be sent to the contact details indicated in this document.
Severability clause
Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions to be invalid or ineffective, which shall therefore remain valid and effective.
European Users
If any provision of these Terms should be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision to replace the void, invalid or ineffective provision.
In the event of failure to agree within the above terms, if permitted or provided for by the applicable law, the void, invalid or ineffective provision will be superseded by the applicable statutory provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unacceptable and excessive burden on one of the parties.
Binding version of the Terms
The Terms are drafted and revised in Italian. Other language versions of the Terms are for information purposes only. In case of discrepancy between the different language versions, the original version shall prevail.
Applicable Law
The Terms are governed by the law of the place where the Owner is established, as set out in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if You act as a European Consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms lies with the courts of the following country:
Cremona
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
United Kingdom Consumers
Consumers based in England and Wales may bring an action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland may bring an action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring an action in relation to these Terms in the courts of Northern Ireland or England.
Dispute Resolution
Amicable Dispute Resolution
Users may report any disputes to the Controller, who will attempt to resolve them amicably.
Without prejudice to Users' right to take legal action, in the event of a dispute concerning the use of this Website or the Service, Users are requested to contact the Controller at the contact details indicated in this document.
The User may address a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.
The Owner will process the request without undue delay and within 21 days of receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
Germany: Consumer dispute resolution procedure before a conciliation body
The Holder does not participate in alternative dispute resolution procedures with Consumers within the meaning of the German Verbraucherstreitbeilegungsgesetz.
France: Mediation
Within one year of sending the Holder a written complaint relating to a dispute arising from these Terms, the Consumer has the right to initiate a mediation procedure before:
- an institution recognised by the French Government. The relevant list is accessible at the following address.