Terms and conditions of www.magnetolab.it
- These Terms regulate
the use of this Web Site and
- 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 kindly asked to read this document carefully.
The entity responsible for this Web Site is:
LABOC SRL – Via dell’Industria 1, 06031 BEVAGNA (PG) – P.IVA/C.F. 03609510544
Tel. 0742360278 mail firstname.lastname@example.org
Email address of the Owner: email@example.com
“This Web Site” refers to
- this site, including its subdomains and any other sites through which the Owner offers the Service;
To know at a glance
- Please note that certain provisions of these Terms may only be applicable 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 affected clause. If not mentioned, the clauses apply to all Users. If not mentioned, the clauses apply to all Users.
- The right of withdrawal applies only with regards to European Consumers.
Unless otherwise specified, the conditions of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using this Web Site you represent that you meet the following requirements:
- There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.
It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches 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 login credentials.
Users are required to notify the Owner immediately and uniquely via the contact information provided 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.
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 in the following instances:
- the User has violated these Terms; and/or
- the User’s access to this Web Site may cause harm to the Owner, other Users or third parties; and/or
- the User’s use of this Web Site may result in violation of laws or regulations; and/or
- in the event of investigations by the judiciary or governmental proceedings; and/or
- if the User’s account or use thereof is deemed, in the sole discretion of the Owner, to be 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 causes attributable to the User shall not relieve the User from payment of any fees or prices that may be applicable.
Content on this Web Site
Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Web Site 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 relevant complaints to the contact details specified in this document.
Rights to the contents of this Web Site
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not authorized to use the content in any way that is not necessary for or implied by the proper 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, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided 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 agree that the Owner has no control over such resources and is therefore not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in their terms and conditions or, in their absence, by law.
This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is the sole responsibility of the User to ensure that the use of this Website 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 Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or is suspected of putting in place:
- violations of laws, regulations and/or the Terms;
- infringements of the rights of third parties;
- acts that may considerably prejudice the legitimate interests of the Controller;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Web Site 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.
Prices, descriptions and availability of Products are specified in the related 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 applicable, graphic materials, images, colors, sounds) is for reference only 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 process.
Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchase procedure includes the following steps:
Users are asked to choose the desired Product and verify their purchase choice.
After checking the information displayed in the purchase choice, Users can place the order by submitting it.
Sending the order involves what follows:
- The submission of the order by the User determines the conclusion of the contract and gives rise to the obligation on the part of the User to pay price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the Product purchased 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 constitutes an obligation on the part of the User to cooperate accordingly.
- Once the order is placed, Users will be sent a confirmation of receipt of the order.
All notifications regarding the purchase process described above will be sent to the email address provided by the User for this purpose.
During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
The prices on this Web Site:
- depending on the section the User is browsing 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 forth in the relevant section of this Web Site.
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 actionable by Users in the future.
As applicable, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Owner’s location as indicated in the contact information in this document.
Details of accepted payment methods are highlighted during the purchase process.
Some payment methods are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.
Other payment methods, if any, are provided independently by third-party services. In these cases, this Web Site does not collect any payment information – such as credit card information – but receives notification from the relevant third-party provider when the payment is successfully completed.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Owner is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Reservation of Ownership
Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.
Deliveries are carried out to the address indicated by the User and in the method indicated in the order summary.
Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information provided herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. 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 Web Site.
Delivery times are indicated on this Web Site or during the purchase process.
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 courier has been engaged by the User.
In the event that the goods are not delivered or picked up at the time or within the time specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further action.
Unless otherwise specified, any attempted delivery from the second will be at User’s expense.
Right of withdrawal
Unless an exception applies, the User may be entitled to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers benefit by law from the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not benefit from 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 notice of his intention to withdraw from the contract.
For this purpose, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his or her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement 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 the User and different from 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 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 different from the courier – takes possession of the last of the goods, lots or pieces.
Effect of withdrawal
The Owner shall refund all payments received including, if made, those related to delivery costs to Users who have properly exercised their right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner shall remain the responsibility of the User.
The refund is made without undue delay and in any case within 14 days from the day the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
… on contracts for the purchase of material goods
Unless the Owner has offered to collect the goods, the User is obliged to return them to the Owner or other person authorized by the Owner 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 occurs before the expiration 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 of the goods.
The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and operation.
Return shipping costs are borne by the User.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
- Of supply of custom-made or clearly customized goods;
- Of supply of goods or services whose price is linked to fluctuations in the financial market which the Owner is unable to control and which may occur during the withdrawal period;
- Of supply of goods that are likely to deteriorate or expire rapidly;
- Of supply of sealed goods that are not suitable to be returned for hygienic or health protection related reasons and have been opened after delivery;
- Of supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
Legal warranty of conformity of the Product
Under European law, the Seller guarantees the conformity of goods sold for a period of 2 years from delivery. Therefore, the seller is required 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 that country may grant such Users broader rights
Consumers who are not acting as European Consumers may have compliance warranty rights under the laws of the country in which they ordinarily reside.
Limitation of liability and indemnity
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, and employees from any claim or demand – including, without limitation, legal fees and expenses – made by any third party due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, brand co-owners, partners, and employees, to the extent permitted by law.
Limitation of liability for User’s activities on this Web Site.
Except where otherwise specified and subject to applicable product liability provisions of 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 Owner’s liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User’s use of this Web Site has been fit and proper.
Unless the damage was caused with malice or serious negligence or affects life and/or personal, physical or mental integrity, the Owner is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, to the extent stated above, the Owner assumes no responsibility for:
- any loss of earnings or other losses, including indirect losses, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, profit or budgeted savings, loss of contractual or business relationships, loss of goodwill or
- damage to reputation, etc.);
damages or losses resulting from interruptions or malfunctions of this Web Site due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Owner, such as, but not limited to, failures or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the supply of third party products, services or applications;
- any losses that are not a direct result of a breach of the Terms by the Owner;
Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers:
In the event of the Owner’s liability, the compensation due may not exceed the total amount of the value of the property in question.
No implied waiver
Failure of the Owner to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to a specific right or any other right.
Interruption of the Service
To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or 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 are able to extract their Personal Data and information in accordance with legal requirements.
In addition, the Service may be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructure malfunctions, power blackouts etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are owned exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Amendments to the Terms
The Owner reserves the right to change the Terms at any time. In such case, the Owner will give appropriate notice of the changes to Users.
The changes will only affect the relationship with the User in the future.
Continued use of the Service implies User’s acceptance of the updated Terms. If the User does not wish to accept the changes, the User 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 continues to regulate the relationship until User’s acceptance. 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.
Transfer of Contract.
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all 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 authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications regarding the use of this Web Site should be sent to the contact information listed in this document.
If any of the provisions of these Terms should be or become null and void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.
If any provision of these Terms should be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective substitute provision for the void, invalid or ineffective provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are 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 undue and unacceptable burden on one of the parties.
Binding version of the Terms
The Terms are written and revised in Italian. Other language versions of the Terms are for informational purposes only. In the event of any discrepancy between the different language versions, the original shall prevail.
The Terms are regulated by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.
Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and is ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
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 set forth 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 may report any disputes to the Owner, who will attempt to resolve them amicably.
Without prejudice to the right of Users to bring an action in court, in case of disputes concerning the use of this Web Site or the Service, Users are requested to contact the Owner at the contact details indicated in this document. The complaint will be processed within 30 days after receipt thereof.
The User may direct a complaint to the Owner’s e-mail address listed in this document, including a brief description and, if applicable, details of the order, purchase, or account affected.
The Owner will process the request without undue delay and within 30 days of receipt.
Definitions and legal references