Terms and Conditions

Terms and Conditions of www.scarpeinsaldo.com

Dear Consumer,

These Terms govern

• the use of this Website and
• any other Agreement or legal relationship with the Owner

in a binding manner. Terms with initial capital letters are defined in the relevant section of this document.

 

The User is requested to read this document carefully.

The entity responsible for this Website is:

Evolution 2018 srl, Via di Acilia 63 A/B/C, 00125, Rome RM

Owner's email address: info@scarpeinsaldo.com

1. VAT: IT14841731004

The purchase of Products on the website www.scarpeinsaldo.com will be governed, in addition to these Premises, exclusively by the provisions in the General Conditions of Sale and in the "Right of Withdrawal" section.

Consumers will benefit, in particular, from all the protections provided for in the case of distance contracts pursuant to Title III, Section II, of Legislative Decree 6 September 2005, no. 206 ("Consumer Code"), as well as all further mandatory protections provided for Consumers by the Consumer Code itself and by any other applicable law.

 

Access and use of the site www.scarpeinsaldo.com, which belongs to Evolution 2018 srl, are governed by these terms of use and imply acceptance thereof. The acceptance and compliance with these terms and conditions are binding, and therefore, those who do not adhere to these terms and conditions are not permitted to access and use the site or download informational material from it.

 

 

To know 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, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of no mention, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section are of general validity.

Further terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

• There are no restrictions on Users regarding whether they are Consumers or Professional Users;

 

Registration

To use the Service, the User can create an account by providing all requested data and information completely and truthfully.
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 Users' responsibility to keep their access credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User accepts full responsibility for all activities carried out with their access credentials.
Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, has been violated, illegally disseminated or stolen.

 

Account Closure

The User is free to close their account and cease using the Service at any time, by following this procedure:

• Contacting the Owner at the contact details provided in this document.

 

Account Suspension and Cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without prior notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

 

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address any relevant complaints to the contact details specified in this document.

 

Rights to the content of this Website

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

Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without exclusion, 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 Website, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work and the indication of any other relevant circumstance requested by the Owner are observed.

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

 

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in their respective terms and conditions or, in their absence, by law.

 

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is the User's sole responsibility to ensure that the use of this Website and/or the Service does not violate law, regulations or third-party rights.

Therefore, the Owner reserves the right to adopt any measure suitable to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Website or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages in or there is suspicion that they engage in:

• violations of laws, regulations and/or the Terms;
• infringement of third-party rights;
• actions that may considerably prejudice the legitimate interests of the Owner;
• offences against the Owner or a third party.

 

 

TERMS AND CONDITIONS OF SALE

 

Paid Products

Some of the Products offered on this Website as part of the service are subject to payment.

The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

 

Product description

Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the greatest technically possible accuracy, the representation on this Website by any means (including, where appropriate, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

 

Purchase procedure

Every step, from product selection to order submission, is part of the purchase procedure.
The purchase procedure includes the following steps:

• Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantity and specific characteristics.
• Users can review their choice, modify, add or remove items and, where applicable, provide specific instructions.
• To access the checkout area, Users must click the relevant button.
• Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address, and a shipping and payment method of their choice.
• During the purchase procedure, Users can, at any time, modify, correct or replace the information provided and add a gift card, an affiliate code or a discount code (Voucher) or completely abandon the purchase procedure without any consequence.
• After providing all required information, Users are requested to carefully check the order and, subsequently, confirm and submit it using the relevant button or mechanism on this Website, thereby accepting the Terms and committing to pay the agreed price.

 

Order submission

The submission of an order implies the following:

• The submission of the order by the user leads to 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 active participation from the User, such as the provision of information or personal data, specifications or particular requests, the submission of the order also constitutes an obligation for the User to cooperate accordingly.
• Once the order has been submitted, Users will be sent an order receipt confirmation.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

The Owner has the right to accept or not accept received Orders without the Customer being able to assert rights or claims for any reason in the event of non-acceptance or cancellation. It is understood that, in the event of non-acceptance or cancellation of the Order, This site will promptly reimburse the Customer for any amounts already paid.

If the ordered product is unavailable, the customer will be immediately informed. In this case, we will offer our customer a replacement product of similar quality and price. If no product meets your needs, the User will be refunded 100% of the amount paid as soon as possible.

 

 

Prices

During the purchase procedure and before submitting the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

• include all applicable fees, taxes and costs.
• this site reserves the right to change the prices of Products at any time. Any changes to product prices will not, however, be effective against Customers who have already submitted an Order.

 

Payment methods

Details regarding accepted payment methods are highlighted during the purchase process and in the website footer.

Some payment methods are subject to additional conditions or incur additional costs. Detailed information is provided in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment-related data – such as credit card numbers – but receives a notification once payment has been successful.

In the event that a payment made using one of the available methods fails or is refused by the payment service provider, the Owner is not obliged to fulfill the order. Any costs or fees arising from the failed or refused payment are borne by the User.

This site reserves the right to refuse or not fulfill orders that provide for the delivery of related Products outside the Italian territory and in the Municipalities of Livigno or Campione d'Italia.

 

 

Reservation of ownership

Until full payment of the purchase price is received by the Owner, the User does not acquire ownership of the ordered Products.

 

Delivery

Deliveries are made to the address indicated by the User and according to the methods indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Unless otherwise specified on this Website or agreed with the User, Products are delivered within thirty (30) days of purchase.

 

Failed or delayed delivery

The Owner will not be responsible for failed or delayed delivery in the event that: (a) despite having regularly and promptly purchased the Products to cover the received Order, it was not supplied within the terms and methods agreed with the supplier; (b) it is unable to make up for the unavailability of such Products due to circumstances beyond its control and (c) it has promptly communicated such unavailability of the Products to the Customer.

The Owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter was commissioned by the User.

The owner will not be responsible for failed or delayed delivery due to force majeure. If the force majeure cause persists for a period exceeding 30 (thirty) days, either party will have the right to withdraw from the contract.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further arrangements.

Unless otherwise specified, every attempt at delivery from the third onward will be at the User's expense.

 

User Rights

 

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in the dedicated section of This Site.

 

Who benefits from the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers legally benefit from the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without needing justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

 

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

The User is free to express their 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 declaration of withdrawal 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 – commissioned by them and other than the courier – takes possession of the goods.
• In case of purchase of multiple goods ordered together but delivered separately or in case of purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – commissioned by them and other than the courier – takes possession of the last of the goods, lots or pieces.

 

Effects of withdrawal

The Owner will reimburse all payments received, including, if applicable, those related to delivery costs, to Users who have correctly exercised the 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 Owner will remain the responsibility of the User.

The refund will be issued 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 will be made using the same payment method used for the initial transaction. The User will 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 must return them to the Owner or another person authorized by the Owner to receive them without undue delay, and in any case within 14 days from the day they communicated their intention to withdraw from the contract.

The deadline is met if the goods are delivered to the courier or another authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics, and functioning.

Return shipping costs are borne by www.scarpeinsaldo.com, unless otherwise specified in the dedicated section of This Website.

 

Exceptions to the right of withdrawal

There is no right of withdrawal for contracts:

• for the supply of goods made to the consumer's specifications or clearly personalized;

 

Legal guarantee of conformity of the Product

Under European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the quality, functionality, or characteristics promised or reasonably expected for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on this Website in accordance with the laws of the country where they habitually reside.

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

Consumers who do not act as European Consumers may enjoy conformity guarantee rights under the laws of the country where they habitually reside.

 

Limitation of liability and indemnity

 

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that the User 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, restricted or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having them re-supplied.

 

USA Users

Disclaimer of Warranty

The Owner provides this Website "as is" and "as available". The use of the Service is at the User's sole risk. To the maximum extent permitted by law, the Owner expressly disclaims 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 User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; 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 the User's own risk and the User will be solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction 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 perceived or actual damages arising from Service content, operation, or use.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement do not apply to the extent prohibited by applicable law.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for 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 unauthorized access or use of the Service or User account or the information contained therein;
• any error, mistake, or inaccuracy of content;
• personal injury or property damage, of any nature whatsoever, resulting from User’s access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, 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 subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder during the 12 months preceding the date of the event giving rise to such liability, or the period of duration of this Agreement between the Owner and User, whichever is shorter.

 

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms do not apply to the extent prohibited by applicable law.

 

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal costs and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these Terms, including, but not limited to, User’s breach of any of the representations or warranties set forth in these Terms;
• User’s violation of any third-party right, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any applicable law, rule or regulation;
• any content submitted from the User’s account, including third-party access with User’s unique username, password or other security measures, if applicable;
• User’s willful misconduct; or
• the violation of any statutory provision by 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 Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

 

Service interruption

To ensure the highest possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other modifications, notifying Users appropriately.

Within legal limits, the Owner reserves the right to suspend or terminate the Service entirely. In case of Service termination, the Owner will ensure that Users can extract their Personal Data and information in accordance with legal provisions.

Furthermore, the Service might not be available due to reasons beyond the Owner’s reasonable control, such as force majeure events (e.g. strikes, infrastructural malfunctions, blackouts etc.).

 

Service resale

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate resale program.

 

Privacy policy

Information about the processing of Personal Data is contained in the privacy policy of this Website.

 

Intellectual property rights

Without prejudice to any more specific provision of the Terms, any intellectual and industrial property rights, such as copyrights, trademarks, patents and models related to this Website are the exclusive property of the Owner or its licensors and are protected by applicable intellectual property laws and international treaties.

All trademarks – nominal or figurative – and all other marks, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected by applicable intellectual property laws and international treaties.

 

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform Users of these changes.

Such changes will only affect the relationship with the User for the future.

The User's continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the new Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any such previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

 

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract any or all rights and obligations under these Terms, taking the User’s legitimate interests into account.

Provisions regarding changes of these Terms will apply.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

 

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

 

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

 

USA Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.

 

European Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find an amicable settlement to the provisions that are void, invalid or unenforceable.
In the event of failure to do so, if permitted or provided for by applicable law, the void, invalid or unenforceable provision shall be replaced by the applicable statutory provisions.

Without prejudice to the above, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not nullify the entire Agreement, unless the provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for any of the parties.

 

Governing law

The Terms are governed by the law of the place where the Owner is established, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

 

Exception for European Consumers

However, notwithstanding the above, if the User acts as a European Consumer and has their habitual residence in a country whose law provides for a higher consumer protection level, such higher level of protection shall prevail.

 

Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is established, as disclosed in the relevant section of this document.

 

Exception for European Consumers

The above does not apply to Users acting as European Consumers or Consumers based in Switzerland, Norway or Iceland.

 

Applicable Law and dispute resolution

 

These General Terms and Conditions of Sale are governed by and will be interpreted in accordance with Italian law, without prejudice to any other mandatory prevailing rule of the Customer's country of habitual residence. Consequently, the interpretation, execution, and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law, and any disputes related to and/or resulting from them must be resolved exclusively by the Italian judicial authority.

 

Amicable dispute resolution

Users may report any disputes to the Owner, who will try to resolve them amicably.

While Users’ right to take legal action remains unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or account concerned.

The Owner will process the request without undue delay and within 21 days of receiving it.

 

Consumer Dispute Resolution Platform

the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve, out of court, any disputes related to and/or arising from contracts for the sale of goods and services entered into online. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract entered into with the Owner. The platform is available here.

 

Last updated on 29/10/2021