Terms of Service
OVERVIEW
TERM AND CONDITIONS.
This document sets out the general terms and conditions on the basis of which users are offered the use of the website the XXX website offering food and organic goods provided by the Third Party Supplier.
- DEFINITIONS
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: xxx,
Application: the E-MARKETPLACE website.
User: any person who accesses and uses the Application
Terms: this agreement governing the relationship between the Owner and Users.
- SCOPE OF THE TERMS
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, the User may not use the Application or its services.
The Terms may be modified at any time. Any changes will be in effect from the time they are posted on the Application.
Before using the Application, the User should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time, the graphical interface of the Application, the Content and its organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
- CREATIVE COMMONS LICENSE
The Content and/or materials available on the Application are made available based on the terms of this license “Creative Commons Public Licence CC BY-NC 4.0 EN” (hereinafter “License”). The Content and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the content and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below on the condition that the User agrees to abide by the terms and conditions of the License.
The Owner permits the User to reproduce, distribute, communicate to the public, perform, play, transform the content and/or materials available on the Application by any means and format, but
not for commercial purposes, provided that authorship is acknowledged and the User provides a link to the License and indicates whether any modifications have been made. The full license can be found at this address: https://creativecommons.org/licenses/by-nc/4.0/legalcode.it
- DISCLAIMER OF WARRANTY
The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable 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 wholly beyond the Owner's control or due to force majeure events.
LIMITATION OF LIABILITY
The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment,
The Owner will not be liable for:
any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
In no case may the Owner be held liable for a sum greater than double the cost paid by the User.
Force majeure
The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to 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 its will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.
The Owner will take any action in its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
Links to third-party sites
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
PRIVACY
The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the page
Privacy Policy of Naturjewels
Applicable law and competent court
The Conditions are subject to Italian law.
For non-Consumer users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner is based is competent.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User 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.
The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communicating the same and the legal guarantee of conformity.
ONLINE DISPUTE RESOLUTION FOR CONSUMER
The Consumer User residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool.
This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and the supply of services stipulated online.
Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following.