Terms and Conditions

Introduction

These Terms and Conditions apply to this website and to transactions relating to our products and services. You may be bound by additional agreements relating to your relationship with us or any products or services you receive from us. If any provision of additional agreements conflicts with any provision of these Terms, the provisions of those additional agreements shall govern and prevail.

2. Constraint

By registering, accessing, or otherwise using this website, you agree to be bound by these Terms and Conditions set out below. Mere use of this website implies knowledge and acceptance of these Terms and Conditions. In some specific cases, we may also ask for your explicit consent.

3. Electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or by sending you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.

4. Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the website and the data, information and other resources displayed on or accessible within the website.

Unless the specific content dictates otherwise, the user is not granted a licence or any other right under copyright, trademarks, patents or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, incorporate in any electronic medium, alter, decompile, transfer, download, transmit, monetise, sell or market any resources from this website in any form, without our prior written permission, except and only to the extent that it is otherwise established by mandatory provisions of law (such as the right to quote).

5. Third-party properties

Our website may include hyperlinks or other references to websites of other parties. We do not control or review the content of websites of other parties that are linked to this website. Products or services offered by other websites are subject to the applicable terms and conditions of these third parties. The views expressed or material appearing on these websites are not necessarily shared or endorsed by us.

We will not be held liable for the privacy practices or the content of these sites. You bear all risks associated with the use of these websites and any linked third-party services. We will not accept any liability for any loss or damage in any way, however caused, arising from your disclosure of personal information to third parties.

6. Responsible use

By visiting our website,.

It is strictly forbidden to undertake any activity that causes, or may cause, damage to the website or that interferes with the performance, availability or accessibility of the website.

7. Registration

You can register for an account on our website. During this process, you may be asked to choose a password. The user is responsible for maintaining the confidentiality of passwords and account information and agrees not to share their passwords, account information, or protected access to our website or services with other individuals. You must not permit any other person to use your account to access the website as you are responsible for all activities that occur through the use of your passwords or account. You must notify us immediately if you become aware of any disclosure of your password.

Following account closure, you will not attempt to register a new account without our permission.

8. Refund and Returns Policy

8.1 Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you, or a third party indicated by you other than the carrier, acquire physical possession of the goods.

To exercise your right of Collection form, but it's not mandatory.

If you use this option, we will promptly send you confirmation of receipt of your cancellation on a durable medium (e.g. by email).

To comply with the withdrawal period, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

8.2 Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us or to an individual authorised by us to receive the goods, without undue delay and in any event not later than 14 days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent the goods back, whichever is the earliest.

The costs of returning/collecting the goods will be borne by us.

You are only responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note that there are some legal exceptions to the right of withdrawal, and some items therefore cannot be returned or exchanged. We will let you know if this applies to your specific case.

9. Presenting ideas

Please do not submit any ideas, inventions, copyrighted works, or other information that you consider your intellectual property that you would like to present to us unless we have first signed an intellectual property agreement or a non-disclosure agreement. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. Cessation of use

We may, at our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the website or any service thereon. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of your access or use of the website or any content you may have shared on the website. You shall not be entitled to any compensation or other payment, even if some features, settings, and/or any Content that you have contributed or relied upon are permanently lost. You may not evade or bypass, or attempt to evade or bypass, any access restriction measures on our website.

11. Guarantees and liabilities

Nothing in this section will limit or exclude any implied warranties by law that it would be illegal to limit or exclude. This website and all website content are provided on an ”as is” and ”as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, with regard to the availability, accuracy or completeness of the Content. We do not warrant that:

whether this website or our products or services meet your needs;
this website will be available uninterrupted, timely, secure or error-free;
The quality of any goods or services purchased or obtained by you through this website will meet your expectations.

None of this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you require advice, you should consult an appropriate professional.

The following provisions of this section shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in relation to any matter for which it would be unlawful or illegal for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss or damage to property or data) incurred by you or any third party, arising out of your access to or use of our website.

Unless any additional agreement expressly states otherwise, our maximum liability to you for all damages arising out of or relating to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, wilful misconduct, tort or otherwise) shall be limited to the total price you have paid to us for the purchase of such products or services or for use of the website. This limit shall apply to all your claims, actions, and causes of action.

12. Privacy

To access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that any information you provide is and shall remain accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will be solely in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and ours Cookie Policy.

13. Accessibility

We are committed to making the content we provide accessible to people with disabilities. If you have a disability and are unable to access any part of our website because of your disability, please notify us, including a detailed description of the problem you have encountered. If the issue is easily identifiable and can be resolved in accordance with standard industry IT tools and techniques, we will resolve it promptly.

14. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or the purchase of products or Services sold on the website is illegal is prohibited. You must not use this website in breach of Italy’s export laws and regulations.

15. Affiliate marketing

Through this website, we may engage in affiliate marketing, whereby we receive a percentage or commission on the sale of services or products on or through this website. We may also accept sponsorship or other forms of advertising remuneration from companies. This disclosure is intended to comply with any applicable legal requirements regarding marketing and advertising, such as the rules of the US Federal Trade Commission.

16. Assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in breach of this Section shall be null and void.

17. Breaches of these terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to address the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or taking legal action against you.

18. Compensation

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses, relating to your breach of these terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs, and expenses relating to or arising from such claims.

19. Waiver

The failure to enforce any of the provisions set out in these Terms and Conditions and in any Agreement, or the failure to exercise any right of termination, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any part thereof, or the subsequent right to enforce any individual provision.

20. Language

These Terms and Conditions shall be interpreted and understood exclusively in Italian. All notices and correspondence shall be written exclusively in that language.

21. Full Agreement

These Terms and Conditions, together with our privacy statement e Cookie Policy, constitute the entire agreement between you and Vivai Annese in relation to your use of this website.

22. Updates to these terms and conditions

We may update these Terms and Conditions from time to time. It is your responsibility to check these Terms and Conditions periodically for any changes or updates. The date shown at the top of these Terms and Conditions is the date of the last revision. Changes to these Terms and Conditions will take effect from the moment such changes are published on this website. Your continued use of this website following the publication of any changes or updates will be deemed to constitute your acceptance of these Terms and Conditions and your agreement to be bound by them.

23. Choice of law and jurisdiction

These Terms and Conditions are governed by the laws of Italy. Any dispute relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Italy. If any part or provision of these Terms and Conditions is held by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision shall be amended, deleted and/or applied to the fullest extent permitted so as to give effect to the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.

24. Contact details

This website is owned and operated by Vivai Annese.

You can contact us regarding these Terms and Conditions by writing to us or sending an email to the following address: vivaiannese@gmail.com
Address: Contrada Nardelli, 110, 70010 Locorotondo BA