Terms of service
These Terms regulate
- the use of illaboratoriodimichael.com and
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalised expressions are defined in the relevant section of this document.
.The user is requested to read this document carefully.
.Any further contract or agreement entered into by Owner and Sellers shall prevail over the provisions of the Terms. Therefore, the Terms shall apply only residually and in accordance with the provisions of such contracts or agreements.
The entity responsible for illaboratoriodimichael.com is:
Michael Vigato
Strada Montanara sud, 10B
46010 Campitello (MN)
Holder's email address: info@illaboratoriodimichael.com
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, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users. .
How-application-this_application works
The illaboratoriodimichael.com Service is free of charge for Buyers. Products offered by the Owner or Sellers on illaboratoriodimichael.com are highlighted as such.
TheLaboratoriodimichael.com acts as a technical infrastructure that enables Users to interact with each other. The Controller is therefore not directly involved in any such interactions between Users.
These Terms govern the use of illaboratoriodimichael.com as a platform.
Unless otherwise specified, the Terms also apply to transactions between Buyers and Sellers, without entailing any involvement of the Owner in such transactions.
CONDITIONS OF USE
Unless otherwise specified, the terms of use of illaboratoriodimichael.com set forth in this section apply generally.
Additional terms of use or access applicable in particular situations are expressly stated herein.
By using illaboratoriodimichael.com you agree to comply with the following requirements:
- There are no restrictions on Users with respect to whether they are Consumers or Professional Users; .
Registration
In order to use the Service, the User may open an account by providing all the required data and information in a complete and truthful manner.
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 your responsibility to keep your login credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on illaboratoriodimichael.com.
.By creating an account, Users agree to be fully responsible for any and all activities that occur under their access credentials.
Users are required to notify the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.
Close account
You are free to close your account and cease using the Service at any time by following this procedure:
- Using the account termination tools available on illaboratoriodimichael.com. .
Suspend-and-delete account
The Owner reserves the right to suspend or delete 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.
Suspension or deletion of your account does not give you any right to compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any applicable fees or prices.
Contents on illaboratoriodimichael.com
Unless otherwise stated or clearly recognisable, all content available on illaboratoriodimichael.com is owned or provided by the Owner or its licensor(s).
The Owner takes the utmost care to ensure that the content available on illaboratoriodimichael.com 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 their complaints to the contact details specified in this document.
Rights on the contents of illaboratoriodimichael.com
The Owner owns and expressly reserves all intellectual property rights to the aforementioned content.
Users are not authorised to use the content in any way that is not necessary or implicit for the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits set forth below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/licensing to third parties or creating derivative works from content available on illaboratoriodimichael.com, allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on illaboratoriodimichael.com, the User is authorized to download, copy and/or share certain content available on illaboratoriodimichael.com solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstance required by the Owner is observed.
The limitations and exclusions provided for by copyright law remain unaffected.
Content provided by Users
The Owner allows Users to upload, share or offer their own content on illaboratoriodimichael.com.
By providing content to illaboratoriodimichael.com you represent that you are legally entitled to do so and confirm that such content does not violate any law and/or the rights of any third party.
Rights on content provided by Users
You acknowledge and agree that by providing content of your own to illaboratoriodimichael.com you grant the Proprietor a non-exclusive right, free of charge, to process the content for the purpose of the operation and maintenance of illaboratoriodimichael.com, as contractually agreed.
Within the limits of the law, the User waives the exercise of moral rights in relation to the content provided to illaboratoriodimichael.com.
Users acknowledge and agree that content provided by them through illaboratoriodimichael.com shall be made available on the same terms and conditions as those applicable to content from illaboratoriodimichael.com.
Responsibility-for-contents-provided
You are solely responsible for the content you upload, post, share or otherwise provide to illaboratoriodimichael.com. The User acknowledges and accepts that the Owner does not filter or moderate such content.
.Notwithstanding, the Owner reserves the right to remove, delete, block or edit such content at its own discretion and to deny without notice to the User who uploaded it access to illaboratoriodimichael.com:
- if you have received a complaint regarding such content; .
- if it has received a notice of infringement of intellectual property rights;
- by order of the Authority; or
- if it has been brought to the attention of the Data Controller that such content, if accessible through illaboratoriodimichael.com, may pose a risk to Users, third parties or the availability of the Service.
The removal, deletion, blocking or rectification of content does not justify any claim for compensation, reimbursement or indemnity on the part of the Users who have provided such content.
Users agree to indemnify and hold harmless the Owner from and against any and all claims made and/or damages suffered as a result of content they have provided to or offered through illaboratoriodimichael.com.
Access to external resources
Through illaboratoriodimichael.com Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in their terms and conditions or, in their absence, by law.
Use-permitted
The labradimichael.com and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.
It is your sole responsibility to ensure that your use of illaboratoriodimichael.com and/or the Service does not violate any law, regulation, or the rights of any third party.
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 illaboratoriodimichael. com or the Service, terminate contracts, denounce any censurable activity carried out through illaboratoriodimichael.com or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User carries out or is suspected of carrying out:
- violations of law, regulations and/or the Terms; .
- infringement of the rights of third parties;
- acts that may significantly prejudice the legitimate interests of the Controller;
- offences to the Controller or a third party;
TERMS AND CONDITIONS OF SALE
Products-to-pay
Some of the Products offered on illaboratoriodimichael.com as part of the service are chargeable.
The fees, duration and terms applicable to the sale of such Products are described below and in the respective sections of illaboratoriodimichael.com.
Product Description
Prices, descriptions and availability of Products are specified in the respective sections of illaboratoriodimichael.com and are subject to change without notice.
While the Products on illaboratoriodimichael.com are presented as accurately as technically possible, the representations on illaboratoriodimichael.com by any means (including, as the case may be, graphics, images, colours, sounds) are for reference only and do not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Every step, from choosing the product to placing the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are requested to choose the desired Product to appear in the purchase selection, indicating, where possible, specific quantities and characteristics. .
- Users may review their selection, modify, add or remove items and, where applicable, provide specific instructions (e.g. "send it with a courtesy receipt").
- To access the checkout area, Users must click the relevant button.
- In the checkout area, Users will be asked in successive steps to specify their contact details, billing and shipping address and a shipping and payment method of their choice.
- During the checkout process, Users may, at any time, change, correct or replace the information provided and add a gift card, affiliate code or discount code (Voucher) or abandon the checkout process altogether without any consequences. .
- After providing all the requested information, Users are requested to check the order carefully and then confirm and submit it using the relevant button or mechanism on illaboratoriodimichael.com, thereby accepting the Terms and agreeing to pay the agreed price. .
send-order
Sending the order involves the following:
- Sending the order by the user determines 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 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 the User's obligation to cooperate accordingly. .
- Once the order has been placed, Users shall be sent a confirmation of receipt of the order. .
All notifications relating to the purchase process described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and before placing an order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on illaboratoriodimichael.com:
- depending on the section the User is consulting include all applicable fees, taxes and costs or are quoted net of applicable fees, taxes and costs. .
Methods-of-payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are subject to additional conditions or involve additional costs. Details can be found in the relevant section of illaboratoriodimichael.com.
.All payments are handled independently by third-party services. Therefore, illaboratoriodimichael.com does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or refused payment shall be borne by the User.
.Property Reserve
.Until payment of the full purchase price is received by the Holder, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
.Delivery may take place within the countries or territories specified in the relevant section of illaboratoriodimichael.com.
.Delivery times are indicated on illaboratoriodimichael.com or during the purchase process.
Unless otherwise specified on illaboratoriodimichael.com or agreed with the User, the Products are delivered within thirty (30) days from the purchase.
"Click-and-collect"
.Users may choose to pick up their purchases at one of the "collection points" indicated in the relevant section of illaboratoriodimichael.com and according to the communicated timeframe.
Missed delivery
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 latter has been instructed by the User.
.If the goods are not delivered or collected at the agreed time or within the agreed deadline, they will be returned to the Controller, who will contact the User to schedule a second delivery attempt or agree on further action.
Unless otherwise specified, each delivery attempt after the second shall be at the User's expense.
User Rights
Right-of-withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
.Who enjoys the right of withdrawal
Where one of the exceptions listed below does not apply, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise-of-right-of-rescission
To exercise the right of withdrawal, the User must send the Controller an unequivocal communication of his intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found in the definitions section of this document. The User is however free to express his 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 declaration before the withdrawal period expires.
.When does the withdrawal period expire?
-
In the case of the 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 other than the courier - takes possession of the goods.
.
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Effects-of-withdrawal
The Holder shall refund all payments received including, where made, those relating to delivery charges to Users who have correctly exercised their 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 Holder shall be borne by the User.
The refund shall be made without undue delay and in any case within 14 days from the day on which the Holder 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 as was used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
.... about-purchase-contracts-of-material-goods
Unless the Holder has offered to collect the goods, the User shall return them to the Holder or to another person authorised by the Holder to receive them without undue delay and in any event 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 carrier or other authorised person takes place before the expiry 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.
The User shall be liable for any diminution in the value of the goods resulting from the use of the goods other than what is necessary to establish their nature, characteristics and functioning.
The return shipping costs shall be borne by the User.
legal-product-conformity-warranty
According to European legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years from delivery. Therefore, the seller is obliged 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.
Whenever Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on illaboratoriodimichael.com in accordance with the laws of the country in which they usually reside.
The national laws of such country may grant such Users broader rights.
In particular, Consumers residing in France may exercise their conformity guarantee rights within two years from delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which the Consumer is exempted from producing proof is reduced to six months in the case of second-hand goods.
Exercising the right of guarantee, the Consumer may choose between requesting the replacement or the repair of the defective good under the conditions specified in the French Consumer Code.
.This legal guarantee of conformity is applicable irrespective of any further commercial guarantee granted by the Holder.
The Consumer may also exercise the warranty right for hidden defects pursuant to the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase or reduction of the price.
Limitation-of-liability-and-indemnity
European Users
Manleva
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand - including, without limitation attorneys' fees and costs - made by any third party due to or in connection with negligent conduct such as using or connecting to the Service, violating these Terms, or violating any third party's rights or laws by you, your affiliates, officers, agents, co-branders, partners, and employees, to the extent permitted by law.
Limitation-of-liability-for-user-activities-on- illaboratoriodimichael.com
Users acknowledge and agree that the Owner is limited to providing Users with the technical infrastructure and functionality available on illaboratoriodimichael.com.
The Owner does not intervene in any way as an intermediary, moderator or promoter in the interactions, agreements or transactions between Users and therefore disclaims any responsibility for such interactions between Users, and for the performance of any obligations by Users.
Limitation-of-responsibility-for-user-activities-on illaboratoriodimichael.com
Unless 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 resulting from the breach of essential contractual obligations, such as obligations strictly necessary for the achievement of the cause of the contract, and/or to damages caused by wilful misconduct or gross negligence, provided that the use of illaboratoriodimichael.com by the User has been appropriate and correct.
Unless the damage was caused with intent or gross negligence or affects the life and/or personal, physical or mental integrity, the Holder shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Common Provisions
No-implied-waiver
The Holder's failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.
Interruption-of-Service
In order to ensure the best possible level of service, the Data Controller reserves the right to interrupt the Service for the purposes of maintenance, system updates or any other change, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller shall ensure that Users can retrieve their Personal Data and information in accordance with the law.
In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Sale-of-Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit the labradimichael.com or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale program.
Privacy policy
Information on the handling of Personal Data is contained in the privacy policy of illaboratoriodimichael.com.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to illaboratoriodimichael.com are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks - whether word or figurative - and any other distinctive sign, firm, service mark, illustration, image or logo appearing in connection with illaboratoriodimichael.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Amendments of Terms
The Owner reserves the right to change the Terms at any time. In such case, the Owner shall give appropriate notice of the changes to the Users.
The changes will only affect the relationship with the User in the future.
Continued use of the Service constitutes User acceptance of the updated Terms. If you do not wish to accept the changes, you 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 shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, Owner will specify the date by which changes to the Terms will become effective.
assignment-of-contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of its 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 authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications regarding the use of illaboratoriodimichael.com should be sent to the contact details set out in this document.
Escape clause
Should any provision of these Terms be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not cause the remaining provisions to be invalid or unenforceable and the remaining provisions shall remain valid and enforceable.
European Users
Should any provision of these Terms be or become void, invalid or unenforceable, the parties shall endeavour to find amicably a valid and effective substitute provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned timeframe, if permitted or required by applicable law, the void, invalid or unenforceable provision shall be replaced by the applicable legal provision.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, unless the null, invalid or ineffective provision under the Agreement is 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 unreasonable and unacceptable burden on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law 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, that higher level of protection shall prevail.
Competent court
The 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 Holder is established, as set out in the relevant section of this document.
Exception-for-European-Consumers
The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Dispute Resolution
Amicable Dispute Resolution
Users may report any disputes to the Controller, who will attempt to resolve them amicably.
While this does not affect Users' right to take legal action, in the event of a dispute concerning the use of illaboratoriodimichael.com or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document.
Users may address a complaint to the Controller's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account affected.
The Controller will process the request without undue delay and within 21 days of receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Thus, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.