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Termini e condizioni del servizio

OVERVIEW

The website https://endelea.it/it (hereafter “the Website”) is owned, operated, maintained and updated by Endelea S.r.l. SB, a company incorporated under Italian law with registered office in via Giuseppe Candiani 29, 20158, Milano, VAT number 11040170968, registration number in the Milan Brianza Lodi Business Register, email address boutiqueonline@endelea.it.

 These conditions of use of the Site (hereinafter referred to as the "Conditions of Use") govern the access to and use by the user (hereinafter also referred to individually as "User" or collectively as "Users") of the Site. Through the Site, Endelea enables the User to access resources, contents and information on the services and products offered and commercialized on the Site.

 Users who intend to access and use the Site are required to read, understand and accept these Conditions of Use in full, save and print them for future reference. The use of the Website by the User implies acceptance of these Terms of Use. If the User does not intend to accept the Terms of Use and/or any other note, legal notice, information published or referred to herein, he/she may not use the Website or its services.


SECTION 1 -AMENDMENTS TO THE CONDITION OF USE

Endelea expressly reserves the right to amend, delete or integrate any part of these Terms of Use at any time without notice.  Your use of the Site following any such amendments or integrations constitutes your acceptance of the same.


SECTION 2 -CONTENT OWNER

All rights and interests on the Site and in any part of its content, including, for example, the software, HTML code, other computer code contained on the Site, text, graphics, user interface, visual interface, scripts, artwork, photographs, images, drawings, video, audio, text and other materials appearing as part of the Site (collectively, "Content") are the property of Endelea and/or danti causa di Endelea. All contents are protected by national laws protecting intellectual property and other legislations. Endelea reserves all rights not expressly mentioned in these Terms of Use.

By accessing or using the Site, the User will not acquire any license or ownership rights to the Content, including trademarks, trade names, logos, or other industrial and intellectual property rights, except for the limited User’s right, personal, revocable, non-exclusive, non-sub licensable, non-transferable right to access and view the Contents for the purpose for which they are intended.

 All Content must be considered for personal and non-commercial use. Any other use of the Content by Users without the prior written permission of Endelea is strictly prohibited.

 It is expressly forbidden to take any action that may alter and/or limit and/or interfere with the functionality of and/or access to the Site or the Content by other Users, as well as use the Site or the Content in an illegal or unlawful or harmful to Endelea or any other User of the Site.


SECTION 3 - REGISTERED TRADEMARKS AND LOGO

All trademarks, trade names, logos, brands and product names on the Site are the exclusive property of Endelea and/or the parties that have licensed them to Endelea (“Trademarks”). These Terms of Use do not grant Users any right or authority to use the Trademarks in any form or manner whatsoever.


SECTION 4 - USE OF THE WEBSITE AND OBLIGATIONS OF THE USER

The use of the Website is permitted exclusively for private, personal and non-commercial purposes and always in accordance with the Terms of Use. The User may not (not even indirectly and/or through third parties):

  1. copy, reproduce, publish, transmit, distribute, upload, publicly display, encode, translate, modify the Site or the Content, create derivative works from the Site or the Content, sell, license or otherwise distribute the Site or the Content, for example through mirrors, frames or links that refer to other computers, servers, sites;
  2. access or use the Site or the Content for any commercial purpose, including any advertising or revenue-generating activity on sites other than the Site;
  3. use deep-link mechanisms, robots, spiders, or any other automatic or manual process to (i) access, acquire, copy, or monitor the Site, the Content, or any portion thereof, or (ii) reproduce in any way the structure or appearance of the Site or the Content, or (iii) circumvent any copy-protection device, or (iv) take possession or attempt to take possession of any material, document, or information through any means made available not for this purpose on the Site;
  4. use the password or Account (as defined below) of a third party without the express permission and consent of the owner or test, verify or challenge the vulnerability of the Site or any other network connected to the Site, or breach the security or authentication measures on the Site.

The User agrees to:

  1. use the Site in accordance with applicable legislation;
  2. provide accurate, up-to-date, non-confidential information that does not infringe the intellectual property or other rights of third parties and not create accounts on behalf of third parties. The User may not create more than one account;
  3. not transmit or induce others to transmit, upload, or otherwise make available on the Site any content (i) that is unlawful, defamatory, or injurious to the privacy of others or to other rights of third parties; (ii) that is false, inaccurate, or otherwise misleading; (iii) for which the User has received from, or paid to third parties, a compensation; or (iv) that constitutes an infringement of any patent, trademark, trade secret, copyright, or other intellectual property right of any third party;
  4. diligently guard the password he/she uses to access the dedicated area of the Site, for the security and secrecy of which the User is solely responsible. Endelea accepts no liability for any damage resulting from the careless storage of the password used by the User to access the Site.

 

SECTION 5 - REGISTRATION AND ACCOUNT

Some features may require the user to register (or open) an account (hereinafter referred to as Account).

 In order to register an Account, the User must provide an e-mail address and a password.

 The User is responsible for maintaining the confidentiality of the login information and for controlling the access to the Account. The User will be responsible for all activities that occur under the Account (including, for example, any purchases of our products made through your/the User’s Account) unless you tell us that your Account is being used by a third party without your consent.

Endelea is not liable for any loss or damage resulting from the User's failure to comply with these obligations. Endelea reserves the right to delete or suspend an account if we reasonably believe that:

  1. The User is using the Account in violation of these Terms of Use and/or applicable law;
  2. a third party is using the User’s Account without his/her consent.

In addition, Endelea reserves the right to exercise this right should we need to cancel or suspend the Account for security or maintenance purposes. Closing an account will result in the loss of access to the Site and the data contained therein, without prejudice to the User's rights as set out in the Privacy Policy in Article 7 below.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - PRIVACY POLICY

When the User purchases products from the Site or otherwise uses the Site, Endelea will require certain personal data to be provided by the User. The personal data provided to Endelea through the Site are subject to Endelea Privacy policy that the User is invited to read by consulting the section “Privacy and cookie notice” on the website www.endelea.it. By using the Site, the User acknowledges and agrees that Internet communications are never completely confidential and secure and he/she understands that any message or information they send to the Site may be read or intercepted by others, even if there is an explicit notice informing (the user) that a particular transmission is encrypted (for example, a transmission of credit card information).


SECTION 8 - OPTIONAL TOOLS &  THIRD-PARTY LINKS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - WARRANTIES DISCLAIMER

Endelea takes all necessary steps to attempt to ensure that the Site and the Content are free of viruses and defects but, to the extent permitted by applicable law, makes no warranty, express or implied, in relation to:

  1. to the Site and the Content such as, but not limited to, any warranty of safety from harmful software (i.e. malware or viruses of any kind and but not limited to file viruses, boot viruses, macro viruses and network viruses);
  2. the suitability of the Site with respect to the purposes for which it is intended and/or for particular purposes;
  3. the proper functioning of the Site or the use of its Content;
  4. the computer equipment (understood as hardware or software) of the User's computer and the data stored or created by said computer equipment;
  5. that such computer equipment and/or data will not be damaged, lost or otherwise adversely affected by accessing or using the Site or the Content.

Endelea undertakes to use due diligence to ensure that the Content is checked and kept up to date. However, the data may be subject to change after its publication on this site and new facts may also arise that are not relevant to the information published here. Furthermore, Endelea does not provide any warranty, express or implied, as to the completeness or accuracy of such content.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - LIMITATION OF LIABILITY

Except in cases of wilful misconduct or gross negligence, Endelea shall not be held liable in any way whatsoever for any damages resulting to the User or any third party from the use of the Site and the Content by the User, or for any damages of any kind, including loss of data, that may result to the User from improper or incorrect use of the Site or the Content, or from unauthorised access to or alteration of the User's transmissions or data, or from statements or behaviour of any third party, which are not attributable to Endelea for wilful misconduct or gross negligence.

The User agrees to indemnify and hold harmless the Company against any liability, claim, demand, damage and/or cost (including, without limitation, legal fees) that the Company may incur as a result of, directly and/or indirectly:

  1.  a breach by the User of these Terms of Use or the declarations and warranties set out herein;
  2. claims of third parties that are based on the use of the Site and/or the Contents by the User and/or the use that the User has made of the Site and/or the Contents in violation of these Terms of Use.

To the maximum extent permitted by applicable law, Endelea in no event shall be liable to the user or anyone else for any damages whatsoever resulting from the use of the Site and/or the Content or any information contained on the Site or products sold through the Site, including for example liability for:

  1. loss of or damage to data;
  2. loss of or damage to the User's computer equipment;
  3. any loss or damage suffered by the User as a result of the User's failure to take reasonable precautions against such loss or damage, for example by installing appropriate anti-virus software.

No provision in these Terms of Use shall exclude or limit our liability for fraud or gross negligence or for any other liability which cannot be excluded or limited under applicable law.


SECTION 13 - PRODUCTS

It is possible, without prior notice, that Endelea may change or remove (permanently or temporarily) some of the products and services and/or related features and specifications that are displayed or made available to you through the Site; Endelea may also change the prices applicable to such products or services without notice. The Terms and Conditions of Sale also govern the circumstances in which we may modify and/or withdraw products sold by us through the Site. To consult our policy on this subject in full, please read the Terms and Conditions of Sale section on the website www.endelea.it.

While we make reasonable efforts to ensure that the information on the Site is accurate and up-to-date, we do not provide any guarantee as to the correctness, completeness, accuracy or timeliness of the information on the Site, including for example product descriptions, prices and/or availability indications that are on the Site.

The fact that certain products or services are included on the Site does not imply any guarantee that they will be available through the Site should you wish to place an order for such products and/or use such services at a particular time. We have taken great care to ensure that the colours of our products on the Site are displayed as realistically as possible. However, the colour that the User will actually see depends on the settings of his/her computer and Endelea cannot guarantee that the User's computer will display the colours correctly.

SECTION 14 - GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by Italian law and shall be interpreted in accordance with Italian law, excluding any reference made pursuant to the rules of private international law that may be applicable. Any dispute arising out of the interpretation, validity or execution of these Terms of Use shall be subject to the exclusive jurisdiction of the Italian courts, in particular the Court of Milan, unless Article 66 bis of the Consumer Code (Legislative Decree 206/2005) applies.


SECTION 15 - GIFT CARDS

Redemption

Endelea Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Endelea s.r.l. on www.endelea.it. Gift Card purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s endelea.it account in the form of another Gift Card. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method in the purchaser’s account. Gift cards are valid for 12 months from the date of purchase and can be used across multiple orders. After 12 months, any remaining balance will be cancelled.

Limitations

Gift Cards may only be applied to new orders. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.

SECTION 16 - CONTACT INFORMATION


Questions about the Terms of Service can be sent to us via email by writing at boutiqueonline@endelea.it