Terms and Conditions
The terms and conditions under which Promowe srl offers users access to its services available on the https://shop.blala.it/ website are described below. property of Promowe.
< br />Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Application.
2. Stipulation, conclusion and effectiveness of the Conditions
The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of modification of the Conditions. The User is therefore invited to view the Conditions each time they access the Application and it is advisable to print a copy for future consultation.
It is understood that in no case can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the access credentials of Users.
4. Account cancellation and closure
The Owner, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the user's account. 'User at any time and without notice.
5. Purchases on the App
3. when at the time of purchase a clearly incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
6. Prices and payments
All communications relating to payments are made using a connection protected by an adequate encryption system. The Data Controller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
The User who wishes to receive an invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will be used as proof, releasing the Owner from any and all indemnity in this regard.
8. Methods of delivery of material Products
The Owner will not be liable to any party or third party regarding damages, losses and costs suffered as a result of the non-execution of the contract for the reasons mentioned above, the User having the right only to a refund of any price paid.
9. Right of withdrawal of material Products
The Owner will not consider return requests in the event that the returned Product is malfunctioning due to improper use, negligence, damage or physical alterations , aesthetic or superficial, tampering or improper maintenance or wear and tear.
10. Optional form to exercise the right of withdrawal
11. Guarantee of conformity
12. Industrial and Intellectual Property Rights
Any reproduction in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the right intellectual and industrial property of the Owner.
13. Exclusion of the Guarantee
The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the Owner's will or due to force majeure events.
14. Limitation of Liability
In any case the Owner may be held responsible for a sum exceeding double the cost paid by the User.
15. Force majeure
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as , by way of non-exhaustive example, breakdowns or interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the provision of third-party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
16. Links to third party sites
The Application may contain links to third party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
No waiver by either party of an article of these Terms will be effective unless it is expressly declared to be a waiver and is communicated in writing.
18. Invalidity of individual clauses
If any provision of these Terms is found to be illegal or invalid, it will not be deemed to form part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law. law.
20. Applicable law and competent court
These Conditions and all disputes regarding their execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User-consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
21. Online Dispute Resolution for Consumers
The Consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/