Terms and Conditions of danieladallavalle.com

These Terms govern the use of this Application 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 Application is:

GREDA S.R.L
Via J.A. Fleming, 9/11, Carpi (MO) ITALY
VAT CODE / P.IVA 02431100367

Owner’s email address: [email protected]

Worth knowing 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.

Terms of Use

Unless otherwise specified, the conditions of use of this Application set out in this section apply generally.

Additional conditions of use or access applicable in particular situations are expressly stated herein.

By using this Application you agree to comply with the following requirements:

  • There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;

Registration

In order to use the Service, the User can open an account by providing all the required data and information in a complete and truthful manner.
It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available.

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 Application.

By creating an account the User agrees to be fully responsible for any activity carried out with his/her access credentials.
Users are obliged to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as their User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

Account closure

You are free to close your 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 exempt the User from payment of any applicable fees or prices.

Content on this Application

Unless otherwise stated or clearly recognisable, 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 applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims that may be legally exercised, Users are requested to address their complaints to the contact details specified in this document.

Rights to the contents of this Application

The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents.

The Users are not authorised to use the contents in any way that is not necessary or implicit for the correct 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/alienating to third parties or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.

The limitations and exclusions provided for by copyright law remain unaffected.

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 possible concessions of rights on contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted Use

This Application and the Service may be used only 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 Application and/or the Service does not violate the law, regulations 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 Application or the Service, terminate contracts, report any censurable activity carried out through this Application 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 Products

Some of the Products offered on this Application 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 Application.

Product descriptions

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 as accurately as technically possible, the representation on this Application 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 Product selected will be specified during the purchase procedure.

Purchase procedure

Each step, from choosing the product to placing the order, is part of the purchasing procedure.

The purchasing procedure comprises the following steps:

  • Users are requested to choose the desired Product and to check their purchase choice.
  • After checking the information visible in the purchase choice, Users may place the order by placing it.

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 process and before placing an 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 Application: depending on the section the User is consulting include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.

Means of payment

Details of the accepted means of payment are highlighted during the purchase process.

Some means of payment are subject to further conditions or involve additional costs. Details can be found in the relevant section of this Application.

All payments are handled independently by third party services. Therefore, this Application 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 Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are to be borne by the User.

If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorise such assignment.

Authorisation for future payments via PayPal

In the event that the User authorises the PayPal function allowing future purchases, this Application will store an identification code linked to the User’s PayPal account. This will allow this Application to automatically process payments for future purchases or for the payment of periodic instalments for a previous purchase.

This authorisation can be revoked at any time by contacting the Owner or by modifying the personal PayPal settings.

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 may be to 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, Products are delivered within thirty (30) days after purchase.

The following applies to Users not acting as Consumers:

Deliveries are made in accordance with the terms and timeframes set out on this Application.

Unless otherwise specified, shipping costs are the responsibility of the User.

The risk of loss of or damage to the goods passes to the User upon delivery to the carrier.

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.

In the event that Users do not act as Consumers the foregoing shall be replaced by the following non-delivery regulations:

Non-delivery B2B

Unless otherwise specified, shipping costs shall be borne by the User.
The Holder shall not be liable in any way for any error, delay (including if the User does not collect the goods within the time limit set by the Holder or the courier), damage or loss of the goods after delivery to the courier.
If, when unable to deliver, the goods are returned to the Holder, the User shall bear the costs of the resulting storage. The User is obliged to organise a new delivery attempt at his own expense, after having agreed with the Controller on suitable collection times and methods.
Otherwise, the Controller may, at his discretion, withdraw from the contract or arrange for a new delivery attempt at the User’s expense.
In both cases, the Controller reserves the right to claim compensation for any damages suffered due to non-delivery.

User Rights

Right of withdrawal

Unless an exception applies, the User may enjoy 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.

For this purpose, the User may use the standard withdrawal form available 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 withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

  • 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.
  • 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 him/her and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of Withdrawal

The Holder refunds all payments received including, if any, those relating to delivery costs to Users who have correctly exercised their 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 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.

Contracts for the purchase of goods

Unless the Holder has offered to collect the goods, the User is obliged to return them to the Holder or to another person authorised by the Holder 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 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.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts

of supply of goods made to measure or clearly customised

Legal Product Conformity Warranty

According to European legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years after delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

Where Users are acting as European Consumers, the legal warranty of conformity of goods applies to items available on this Application in accordance with the laws of the country in which they ordinarily reside.

The national laws of such country may grant such Users broader rights.

Consumers who are not acting as European Consumers may have conformity warranty rights under the laws of the country in which they normally reside.

Legal Product Conformity Warranty

According to European legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years after delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

Where Users are acting as European Consumers, the legal warranty of conformity of goods applies to items available on this Application in accordance with the laws of the country in which they ordinarily reside.

The national laws of such country may grant such Users broader rights.

Consumers who are not acting as European Consumers may have conformity warranty rights under the laws of the country in which they normally reside.

Limitation of liability and indemnity

Australian users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited, at the Holder’s option, to the re-provision of the services or payment of the cost of re-provision thereof.

US users

Disclaimer of Warranty

The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims all 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, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; 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 your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such download or use of the Service by you.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.

The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the Service.

Federal laws, 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 special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions 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 Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be 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 unauthorised access to or use of the Service or your account or the information contained therein
  • any errors, omissions or inaccuracies in the content;
  • personal injury or property damage of any kind resulting from your access to or use of the Service
    any unauthorised access to the Owner’s security servers and/or any personal information stored therein
  • any interruption or cessation of transmissions to or from the Service
  • any bugs, viruses, trojans 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 incurred 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, brand joint owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis

Indemnification

The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising out of

  • your use of or access to the Service, including any data or content transmitted or received by you
    your violation of these Terms, including but not limited to any breach by you of any representation or warranty made in these Terms
  • your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
  • any violation by the User of any applicable law, rule or regulation
  • any content posted by the User’s account, including, but not limited to, misleading, false or inaccurate information, and including where access is gained by a third party using the User’s personal username and password or other security measures, if any
  • the wilful misconduct of the User; or
  • the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

Common Provisions

No implied waiver

The Holder’s failure to exercise any statutory rights or claims arising 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 Owner 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 authorised to reproduce, duplicate, copy, sell, resell or exploit this Application 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 Application.

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 models relating to this Application are held exclusively by the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties.

All trademarks – whether word or figurative – and any other distinctive sign, firm, service mark, illustration, image or logo appearing in connection with this Application 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 amend 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 Application 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 become invalid or ineffective, and the remaining provisions shall therefore remain valid and effective.

US Users

Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to agree amicably upon a valid and effective provision to replace the void, invalid or unenforceable 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 entail 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.

Applicable law

The Terms are governed by the law of the place where the Holder 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 shall lie with the courts 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.

NEED HELP?

Contact us at this address [email protected]