Terms and Conditions
These Terms govern
- the use of Idea Natale
- any other Agreement or legal relationship with the Owner
in a binding manner. Expressions with a capital letter are defined in the relevant section of this document.
The User is requested to read this document carefully.
FRANCAVILLA PASQUALE
Via Foggia 222
San Giovanni Rotondo (FG)
71013 – Italy
CF/VAT number: 04318340710
Owner contact email: admin@ideanatale.com
INTRODUCTION
This document
This document constitutes a legal agreement between you, as a User, and the company that manages Idea Natale and governs your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of this agreement, once accepted by the User, are binding on the User.
For simplicity, “User”, “you”, “your” and similar terms, both in the singular and in the plural, refer to you, the User. “We”, “our” and similar terms refer to the company that owns and operates Idea Natale. “Idea Natale” refers to this site and / or application. “Agreement” refers to this document, as amended from time to time. Other definitions can be found in the “Definitions” section at the end of this Agreement.
Acceptance of the Agreement
In order to take advantage of Idea Natale, you must carefully read and accept the Contract. The use of Idea Natale implies the complete acceptance of the Contract. If you do not wish to accept this document, you must abstain from using Idea Natale.
Content Provided by Third Parties
The Owner does not make any prior moderation on the contents or links provided by third parties shown on Idea Natale. The Owner is not responsible for such contents and their accessibility.
Services Provided by Third Parties
Users can use services or content included in Idea Natale provided by third parties, but they must first have read the terms and conditions of such third parties and have accepted them. Under no circumstances can the Owner be held responsible for the correct functioning or availability, or both, of services provided by third parties.
Not permitted use
The Service must be used as established in the Terms.
Users cannot:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Idea Natale or any portion of it;
- bypass the computer systems used by Idea Natale or its licensors to protect the content accessible through it;
- copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by Idea Natale;
- use any robot, spider, search application and / or site retrieval, or any other device, process or automatic means to access, retrieve, scrape or index any portion of Idea Natale or its contents;
- rent, lease or sublicense Idea Natale;
- defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
- disseminate or post illegal, obscene, illegitimate, defamatory or inappropriate content;
- illegally appropriate the account in use by another User;
- register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Idea Natale;
- use Idea Natale in any other improper way that violates the Terms.
CONDITIONS OF SALE
Purchase
Cancellation of the order
The User can request the cancellation of an order only if it has not already been “packed” or “processed”. To request the cancellation of an order, you must send an e-mail to info@ideanatale.com, from the email address associated with your account during the purchase, indicating the Order number.
Idea Natale will refund any amount received within 5 working days from the date of receipt of the request.
In case the order has been «On Hold» or «Processing», the User can use the withdrawal procedure provided for in the following sections of this document.
Terms of payment
Idea Natale uses third-party tools for processing payments and does not in any way enter into contact with payment data – such as those relating to credit cards – provided.
Any costs for managing payments from the User that are not accepted will be charged to the User.
The accepted payment methods are: Credit Card, Paypal and Advance Bank Transfer.
Authorization for payment of an order by bank transfer must be requested by sending an email to info@ideanatale.com
More information on payment methods can be found in the “Payments” section on the “Frequently Asked Questions” page of our site.
Delivery
Deliveries are carried out during normal business hours at the address indicated by the User and as indicated in the order summary. During delivery, the User must check the content by specifying any discrepancies in the delivery form. In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products. Idea Natale will not refund shipping or customs fees if they exist. The Owner cannot be held responsible for mistakes in delivery due to inaccuracies or incompleteness in filling out the purchase order by the User, nor for delays in shipping or damage that may have occurred to the products after delivery to the carrier, where the latter has been chosen and appointed by the User.
More information on Delivery and After-Sales can be found in the “Deliveries” and “After-Sales” section on the “Frequently Asked Questions” page of our website.
Right of withdrawal
In case of purchase of products or services on Idea Natale, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and appointed by the User – acquires material possession of the goods. To exercise the right of withdrawal, the User is required to inform the Holder of the decision to withdraw through an explicit declaration sent to info@ideanatale.com or in any other equivalent form.
Effects of withdrawal
If the User withdraws from this contract, the costs of the goods purchased will be refunded, with the exception of shipping costs and any customs duties, without undue delay and in any case no later than 14 days from the date of return of the goods to the warehouse of the Owner and after checking them. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this refund.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days. The deadline is met if the User returns the goods before the expiry of the 14-day period. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The provisions set out in the “Delivery” section apply insofar as they are compatible.
Limitations to the right of withdrawal
Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, their characteristics and functioning will be refunded after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total. Below, by way of example but not limited to, some cases in which the refund will be made partially or you will not be entitled to a refund:
- If the product shows clear signs of improper use, unjustified damage or arrives in poor condition;
- If the product is delivered without packaging, with damaged packaging or with transport labels that make the packaging unusable, 50% of the product value will be reduced;
- If the product comes with missing parts or accessories or the incident description is not real the product will not be refunded.
No refunds will be made for products returned to Idea Natale that are not defective or whose description of the incident is not real. They will be stored in our warehouse and the User will receive a notice and will have 7 days to confirm if he wants the products to be returned to him, after paying the shipping costs. If the Owner does not receive any confirmation within 7 days, the products will be destroyed in a recycling center and IdeaNatale.com will not accept, under any circumstances, any claims for the products.
The User is requested to insert a copy of the delivery document received inside the package.
The right of withdrawal is in any case excluded in relation to:
- Products made to measure or clearly personalized;
- The supply of goods which are liable to deteriorate or expire rapidly;
- The supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
If one of the above exceptions were applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.
Applicability of the withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is, to the User who acts for purposes unrelated to his business and professional activity.
Warranty
The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within the limits of 24 months from the purchase provided that notice is given within 2 months of their discovery.
To exercise the right of guarantee, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found. This does not include defects caused by negligence, shock, misuse, tampering, incorrect voltage or installation, or wear and tear.
If the defect of conformity of the product is found, the User has the right to obtain, at his choice, the repair or replacement of the product.
The warranty is void:
- If a detail of the warranty or proof of purchase is modified, altered or replaced; and/or
- If the identification number or the guaranteed product is altered or repaired, without the prior authorization of the Technical Service.
The User is still required to return the defective products.
INDEMNITY AND LIMITATION OF LIABILITY
Indemnify
The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.
Limitation of Liability
Idea Natale and all the functionalities accessible through Idea Natale are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is given as to the suitability of the services proposed for the specific purposes intended by the User.
The use of Idea Natale and the features accessible through Idea Natale is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and extra-contractual damages against Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of Idea Natale’s business. Therefore, the Owner will not be responsible for:
- Any loss which is a direct consequence of the breach of the Contract by the Owner;
- Any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);
- Damages or losses resulting from interruptions or malfunctions of Idea Natale due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as, by way of example and not exhaustive, breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications ;
- Incorrect or inappropriate use of Idea Natale by Users or third parties.
COMMON PROVISIONS
Interruption of the Service
In order to guarantee to Users the best possible use of the Service, the Owner reserves the right to interrupt the Service due to the need for maintenance or system updating, informing Users through constant updates on the subject on Idea Natale.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Idea Natale and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.
Privacy policy
For information on the use of personal data, Users must refer to the privacy policy of Idea Natale, which is considered part of these Terms.
Intellectual Property Rights
All trademarks of the Application, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning Idea Natale are and remain the exclusive property of the Owner or of the its licensees and are protected by applicable trademark laws and related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on Idea Natale are and remain the exclusive property or in the availability of said third parties and their licensors and are protected by current trademark laws and related international treaties. The Owner does not own the ownership of these intellectual property rights and can use them only within the limits and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.
Software use license
Idea Natale grants the User a revocable, personal, without territorial limits, free, non-transferable and non-exclusive license for the use of the Software and / or any other technical tool implemented in the Service. This license is for the sole purpose of allowing the User to use the Service, within the limits and in compliance with the Agreement, API procedures and / or any applicable law.
The User is required to use the Service in compliance with the Owner’s intellectual and industrial property rights.
The Software relating to the Service, as well as any other copyright or intellectual property right, is the exclusive property of the Owner and / or its licensors. The User does not acquire any right or title on the Software and consents to its use in a non-exclusive and non-transferable way, limited to the duration of use of the Service, via remote connectivity, via the Internet, for the provision of the Services in compliance with the Contract.
No rights to the original source code are conferred by the right to use the Software. All the techniques, algorithms and procedures contained in the Software and in the related documentation are information protected by copyright and are the property of the Owner or its licensors and, therefore, cannot be used in any way for purposes other than those indicated. in the Agreement.
All rights and licenses granted to the User must be considered revoked upon expiry of the Agreement.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it within Idea Natale.
The User who continues to use Idea Natale after the publication of the changes accepts the new Terms without reserve.
Transfer of the contract
The Owner reserves the right to transfer, assign, arrange for novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User’s rights provided herein are not affected.
The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.
Communications
All communications relating to Idea Natale must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
If any clause of the Terms proves to be null, invalid or ineffective, the above clause will be eliminated while the remaining clauses will not be affected by this clause and will remain in full force and effect.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Data Controller has its registered office.
The exclusive forum of the consumer is an exception, if the law so provides.
DISPUTE RESOLUTION
Online dispute resolution for consumers
The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.
The Data Controller is available to answer any question sent by email to the email address published in this document.
DEFINITIONS
Idea Natale (or this Application)
The structure that allows the provision of the Service (ideanatale.com).
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Owner (or Us)
Indicates the natural or legal person who provides Idea Natale and/or offers the Service to Users.
Service
The service offered through Idea Natale as described in the Terms and Conitions on Idea Natale.
Terms
All the conditions applicable to the use of Idea Natale and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
User (or You)
Indicates any natural person who uses Idea Natale.
Last modification: April 03, 2023
