Terms and Conditions

1. General Provisions
   1. These General Conditions of Use (henceforth, for brevity, “Conditions“) are entered into between the user of the site, whether natural or legal person (hereinafter, for brevity, “User“), and Nabu Srls, VAT No.: 17068421001, headquartered at Via Umberto Biancamano 23 , 00185 Rome (RM), e-mail: info@nabufashion.it, tel: 06.69403706, (hereinafter, for brevity, “Vendor“).
   2. Specifically, these Terms govern the use of the nabufashion.co.uk and/or nabukids.com website (hereinafter, for brevity, “Site“) by the User.
2. Definitions
   1. The following terms shall have the meanings set forth below in the remainder of these Terms:
      1. “Order Confirmation Communication.“, shall mean the communication sent by e-mail by the Seller to the e-mail address provided by the User, when sending an order, through which the Seller confirms the receipt of the order and the availability of the requested Products. Such communication will contain: a reference to these Conditions, the order number, a list of the ordered Products with their essential characteristics and the total price.
      2. “Notice of Unavailability of Products“, means the communication sent by e-mail by the Seller to the e-mail address provided by the User, when placing an order, through which the Seller informs the User of the unavailability of one and/or more Products.
      3. “Conditions“, has the meaning given in Article 1.1.
      4. “Content“, means any and/or all music, sound elements, photographs, images, videos, messages, or other materials, including Data, uploaded and/or present on the Site.
      5. “Contract“, has the meaning set forth in Article 7.5.
      6. “Data“, shall mean any and all information, including information relating to an identified or identifiable natural person, such as, but not limited to and without any claim to completeness, first name, last name, e-mail address, telephone number, shipping address and/or other types of personal data that Users provide to Seller in order to use the Services.
      7. “Rights in the Site“, indicate all the Rights having as their object the Software underlying the Site, therein expressly including the exclusive rights provided for by Law 22 April 1941, no. 633 and subsequent amendments and additions and, in particular, by articles 64-bis ss. of the same law. By way of example only and, therefore, without any claim to completeness, the exclusive right to reproduce, execute, upload, process, adapt, translate, distribute, disseminate to the public, distribute elaborated and/or modified and/or adapted versions having as their object the Software underlying the Site, in any case fall within the Rights on the Site.
      8. “Total Price“, means the total price of the Products purchased, including delivery charges and VAT or similar taxes (if applicable).
      9. “Privacy Policy“, shall mean the information on the processing of personal data, prescribed by Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of Personal Data and on the free movement of such Data and by Article 13 Legislative Decree No. 196 of June 30, 2003 “Code on the Protection of Personal Data” and subsequent amendments and additions. Unless otherwise noted, the Privacy Policy will be posted on a specific page of the Site and will be accessible by hyperlink either from the footer of the Site or when purchasing Products.
      10. “Products“, shall mean all goods offered for sale by Seller through the Site, as more fully specified and set forth in the individual Product Sheets.
      11. “Program” o “Software“, shall mean the computer program underlying the Services and functionalities made available through the Site, including the functional and graphic interfaces, which is the exclusive property of the Seller and over which the Seller holds all the rights indicated in Article 64 bis of Law No. 633 of April 22, 1941, as amended, and which is granted for use, according to the terms set forth below, to the User.
      12. “Product Sheet“, means that particular area of the Site, in which there is: i) the name of the Product sold by the Seller through the Site, ii) the essential characteristics of the Product, iii) the Overall Price of the Product; iv) the availability of the Products.
      13. “Services“, denote all the features that the Seller offers to Users of the Site and include, among others, the viewing of Product Sheets, as well as the completion of online purchases.
      14. “Site” has the meaning given in Article 1.2.
      15. “User” means the natural person of legal age who uses the Site. It is specified that the term “User” means exclusively the “User Consumer” (consumer means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out) resident in EU countries. It should be noted, therefore, that it will not be possible to make purchases of Products through the Site by the following categories of subjects (“Excluded Subjects“): (i) Consumer User residing in countries outside the EU; (ii) User other than a Consumer User (e.g. a company), whether or not residing in EU countries. In the event that Excluded Persons wish to make a purchase of Products, they are invited to contact Seller at the email address set forth in Section 1.1 to agree on the terms of purchase and delivery arrangements.
      16. “Use of the Site“, shall mean any and all operations carried out by the User from the moment of access to the Site, including the simple consultation of the Product Sheets, whatever the access device (e.g. PC, tablet or smartphone), the type of connection (private, third party, public or WI-FI) and the location of the connection.
      17. “Seller“, has the meaning set forth inArticle 1.1.
   2. It is expressly understood that the definitions given in these Conditions have the same meaning (except for the number) when used in the plural and vice versa.
3. Site Terms of Use
   1. The User shall not use the Site, or any Content, in such a way as to cause detriment to the Seller or third parties. In particular, the User is obliged to refrain from using the Site or the Content therein in such a way as to cause damage or harm to the interests, including economic interests, or to the image of the Seller, other Users or third parties.
   2. Users are advised that the purchase of Products may only be made by individuals of legal age who hold the status of “consumer” and reside in EU countries.
   3. The User agrees to use the Services and features made available by the Seller through the Site in full compliance with applicable laws and, in any event, agrees not to use said Services and features for any purpose contrary to those permitted by the Seller, including but not limited to:
      1. the uploading, posting and transmission and/or dissemination, in any manner or form, through the aforementioned Services or features, of illegal or prohibited Content, including, but not limited to, videos showing nudity, pornography, sex, inappropriate images of children, violence, dead or seriously injured bodies abused animals, as well as messages and/or materials that use language that is obscene, blasphemous, pornographic, racist or, in any case, defamatory to other Users and/or subjects, natural or legal persons, as well as Content for which it is not the legitimate owner or with respect to which it has not obtained the prescribed authorizations (e.g. Inclusion of personal data of third parties to whom the Products are to be shipped);
      2. infringement of any rights of third parties, including rights to image, name, decorum, honor and reputation, including commercial;
      3. the dissemination or disclosure of Content and/or materials preordained to the commission of illegal activities, including but not limited to incitement to violence and/or the commission of crimes of any nature;
      4. The transmission of viruses and/or other computer tools that may compromise the integrity and/or security of computer equipment (cc.d. malware, Trojan horses, etc.);
      5. The reporting and dissemination of links to websites where any of the above prohibited activities are carried out;
      6. misconduct in any way in any interactions with other Users during the period of use of the aforementioned Services and features;
      7. The performance of activities in any way attributable to spamming and/or any type of unwanted interaction with other Users.
4. Modification of the Site and General Conditions
   1. Seller reserves the right to make, at any time, in its sole discretion and without prior notice, any and all changes, additions and/or updates it deems necessary and/or, simply, appropriate, to the Site, the Content (e.g., pricing), the Program and/or other materials contained therein and/or available through the Site itself (including these Terms).
   2. It is understood that any change and/or update will not affect contracts concluded between Seller and User prior to the making of such change and/or update.
   3. Changes and/or updates will have retroactive effect only in the event that the same are imposed by legislative measures and/or administrative, governmental or judicial bodies or authorities.
5. Pre-contractual information for the Consumer – Art. 49 of Legislative Decree. 206/2005
   1. The User, prior to the conclusion of the purchase contract, takes note of the characteristics of the Products that are illustrated in the individual Product Sheets at the time of the User’s choice.
   2. Before the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the User is informed regarding:
      1. Overall Price of Products.
      2. method of payment;
      3. Term within which the Seller agrees to deliver the Products;
      4. Conditions, terms and procedures related to the right of withdrawal;
      5. Existence of the legal warranty of conformity for the purchased Products.
   3. The User may at any time and in any case prior to the conclusion of the contract take cognizance of the information about the Seller, information that is also given below: Nabu Srls, VAT No.: 17068421001, headquartered in Via Umberto Biancamano 23 , 00185 Rome (RM), e-mail: info@nabufashion.it, tel: 06.69403706, and which, however, are always accessible in the footer of the Site.
6. Item
   1. These Terms govern: i) the purchase and sale of Products purchased by you through the Site; ii) the purchase of any additional or ancillary Services; iii) your browsing of the Site, and your use of all Services and features made available to you through the Site.
   2. The User is expressly advised and acknowledges that Seller reserves the right to refuse and/or cancel orders that come from: i) a User who has previously violated these Terms; ii) who has been involved in fraud of any kind; iii) Users who have provided false and/or incomplete and/or inaccurate Data; iv) an Excluded Person.
7. Ways to finalize the contract
   1. With reference to the purchase of non-personalized goods, the following provisions apply.
   2. The features and price of the various Products for sale on the Site can be found in the relevant Product Sheets.
   3. In order to purchase Products, the User must complete and submit the order form in electronic format, following the instructions contained in the Site. The User shall add the Product to the “Shopping Cart” and, after having read these General Conditions and Privacy Policy and confirmed their acceptance, shall enter the Data and submit the order.
   4. By sending the order from the Site, which has the value of a mere contractual proposal, the User acknowledges and declares that he/she has read all the indications provided to him/her during the purchase procedure and fully accepts these transcribed General and Payment Terms and Conditions, as well as the Privacy Policy.
   5. The contract (henceforth the “Contract“) entered into between Seller and User shall be deemed concluded upon acceptance of the order by Seller. Such acceptance is communicated to the User through the Order Confirmation Notice.
   6. The risk of perishing, loss, theft, destruction, or damage to the Products, due to causes not attributable to the Seller, shall pass to the User only at the time when the User, or a third party designated by the User and other than the carrier, takes physical possession of the Products.
   7. However, the risk transfers to the User already at the time of delivery of the Product to the carrier if the carrier has been chosen by the User, without prejudice to the User’s rights against the carrier.
   8. With reference to the purchase of customized goods, the following provisions apply:

1. the User must send an e-mail to info@nabufashion.it making known the desire to purchase a personalized Product, specifying the customization requested and the data of the recipient to whom the said Product is to be sent;
2. the Seller will send the User an email summarizing the customization requested and the Overall Price of the customized Product. Please note that an advance payment of 50% (fifty percent) of the Overall Price is required;
3. the Contract shall be deemed to be concluded when the User sends a reply e-mail confirming the customization and the data of the recipient to whom the shipment is to be made and the Seller has received the down payment of the Total Price;
4. the User who believes that the personalization indicated in the summary e-mail is incorrect is invited to send a new e-mail to the Seller in order to modify and/or correct the order.

1. Product Information
   1. The Seller will make every effort to accurately display the characteristics of the Products, including composition, size and colors. Nevertheless, some errors, inaccuracies or minor differences between the Product featured on the Site and the actual Product may become apparent. In particular: (i) the colors displayed depend on the system used on the computer or other electronic device used by the User. The Seller, therefore, cannot guarantee that the computer or electronic device used by the User will accurately reproduce the colors; (ii) the dimensions represented in photos of some Products may appear slightly larger or smaller than the actual size to fit the screen or due to the photographic techniques used. Specifically, Products or parts thereof may be depicted larger than actual size in order to show details clearly, or smaller in order to show the entire item.
   2. It should be noted, therefore, that the photographs of the Products presented on the Site do not constitute a contractual element, as they are only representative.
2. Availability of Products
   1. The availability of the Products – as indicated in the Product Sheets – refers to the actual availability at the time the User places the order. However, such availability should be considered purely indicative because, as a result of circumstances beyond Seller’s control (e.g., the simultaneous presence of multiple Users on the Site), the Products may no longer be available.
   2. Where one and/or more Products are unavailable, the Seller will send the User a Notice of Unavailability of Products. Upon receipt of such notice, the User, within the next 12 hours, will have the option to respond to confirm the shipment of only the available Products or cancel it completely. If no response is received within this period, the order will be considered confirmed and the available Products will be placed in shipment. In any case, the amount related to the missing Products will be returned to the User, with the same method of payment chosen by the same, within 7 days after the order has been rectified.
   3. Any and all liability of the Seller to the User or third parties for the unavailability of the Products is hereby excluded.
   4. In the event that the Products are unavailable, the User may contact the Seller at the e-mail address referred to in Article 1.1 above to request their production. In the event that the Seller decides to produce the aforementioned Products again, it will send an e-mail message to the User notifying him/her when the same will be available for purchase again on the Site.
3. Prices and payment methods
   1. The Overall Price of the Products shown on the Site is expressed in Euros.
   2. Users are advised that Product prices may vary based on a number of factors, including:

1. balances, the duration of which may vary from country to country;
2. Use of promotional codes.

1. In the event of a computer error, manual, technical, or any other nature, which may result in a substantial change, not foreseen by the Seller, in the sale price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the Seller will inform the User by e-mail and refund the corresponding amount within 7 (seven) days after the cancellation.
2. Notwithstanding the foregoing in connection with reimbursement, any further liability of Seller to User or any third party for such eventuality is hereby excluded.
3. Method of payment:
   1. Third-party payment processors. Payment for Products purchased on the Site may be made through third party payment processors (such as, but not limited to, Shop Pay, Paypal, Google Pay, etc.). In such cases, the User may be redirected to the site and/or application of the third-party payment provider where he/she will make the payment according to the procedures provided therein and in accordance with the contractual conditions provided by such provider.
   2. Additional modalities indicated on the Site. In any case, payment for the products purchased on the Site may be made through the additional methods indicated by the Seller and advertised on the Site, in the appropriate reserved areas or when filling in and sending the order and, in any case, before the final submission of the order.
4. The User is made aware and acknowledges that, for the purpose of payment processing, the Payment Transaction Data will not transit on servers used by the Seller, and will only be processed by third parties possessing appropriate quality certifications.

1. Method of delivery of Products
   1. The Seller will deliver the Products exclusively to recipients residing within countries of the European Union, in accordance with the regulations set forth in the following articles.
   2. The Seller agrees to deliver the purchased Products to the User, no later than 30 days from the date of receipt by the User of the Order Confirmation Notice or the date of receipt of payment by the Seller, whichever is later.
   3. The User is expressly advised that delays may occur for one or more reasons not attributable to the Seller, such as, but not limited to and, therefore, without any claim to completeness: i) temporary unavailability of certain Products; ii) unforeseeable circumstances and/or force majeure.
   4. If for any reason the Vendor is unable to fulfill the delivery in the above terms, the Vendor will contact the User and ask the User whether he/she prefers to continue with the purchase by setting a new delivery date or withdraw from the Contract.
   5. Pursuant to these Terms, delivery shall be deemed to have occurred where the User, or a person duly authorized by the User, has affixed a signature when collecting the Product from the shipping address provided by the User during checkout.
   6. The User Consumer is expressly informed that, in any case of non-delivery within the terms indicated by the Seller, pursuant to Article 61 paragraph 3 of the Consumer Code, before being able to terminate the Contract, he must invite the Seller to make delivery within an additional period appropriate to the circumstances. Pursuant to Article 61 paragraph 4, the User Consumer shall not be burdened with the burden of requesting delivery within the aforementioned additional term, when: i) the Seller has expressly refused to deliver the Products; ii) if the delivery term, having regard to the circumstances surrounding the conclusion of the Contract, was to be considered essential; iii) if the User Consumer has previously informed the Seller, by means of a notice sent to the addresses referred to in Article 1.1, that the delivery term was to be considered essential.
2. Right of withdrawal and exchange Products (return)
   1. The User Consumer has the right to withdraw from the Contract, without penalty and without specifying the reason, within the period of 14 days from the date of receipt of the Products.
   2. In the case of multiple purchases made by the User Consumer with a single order and delivered separately, the 14-day period starts from the date of receipt of the last Product.
   3. The User Consumer who intends to exercise the right of withdrawal must notify the Seller by means of an explicit declaration, which may be sent by registered letter with return receipt or by e-mail to the address indicated above in Article 1.1 or to the different address that is subsequently communicated to the User Consumer by the Seller.
   4. The following is the standard withdrawal form, as per Annex I, Part B, Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 21/2014 (not mandatory):

Model withdrawal form pursuant to Article 49, paragraph 1, letter h) Legislative Decree 206/2005 (Consumer Code)

(Complete and return this form only if you wish to withdraw from the contract)

Vendor Data: Nabu Srls, VAT No.: 17068421001, located at Via Umberto Biancamano 23 , 00185 Rome (RM),

I/we (*) hereby notify/notify (*) of my/our (*) withdrawal from my/our (*) contract of sale of the following goods/services (*) – Ordered on (*)/received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is sent in paper version) – Date

(*) Delete unused wording.

1. Pursuant to Art. 57 of Legislative Decree 206/2005 (Consumer Code), in case of exercising the right of withdrawal, the User Consumer is required to return the goods within 14 days from the day on which he communicated to the Seller his will to withdraw from the Contract.
2. The goods shall be returned to the Seller at the address given in clause 1.1 above.
3. In any case, any and all costs related to the return of the Products shall be borne by the User Consumer.
4. The Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels and any documentation and accessory equipment: e.g. manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the Products subject to withdrawal, including any shipping costs, within a maximum period of 14 days from when it receives the notice of withdrawal of the User Consumer. However, as provided for in Article 56 paragraph 3 of Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 21/2014, the Seller may suspend the refund until receipt of the Product(s) or until the User Consumer demonstrates that he/she has returned the Products to the Seller.
5. The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased, unless otherwise agreed later between Seller and User Consumer.
6. The Seller will make the refund using the same means of payment chosen by the User Consumer at the time of purchase. The Seller may use a different means of payment only on condition that the User Consumer agrees to such change. It is also specified that, if there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the Total Price, the refund of the amounts, in the event of the exercise of the right of withdrawal, will still be carried out by the Seller exclusively to the person who made the payment.
7. If the terms, conditions and deadlines for exercising the right of withdrawal, as specified in this article, are not met, the User Consumer shall not be entitled to a refund of the sums already paid. In such case, the User Consumer may re-obtain, at its own expense, the Products in the state in which they were returned to the Seller. Otherwise, the Seller may retain the returned Products, in addition to all sums already paid by the User Consumer for the relevant purchase.
8. The User Consumer, within the same terms in which he/she may exercise the right of withdrawal, may request from the Seller, by sending a communication to the e-mail address indicated in Article 1.1, the replacement of the Products purchased with other Products. It is, however, understood that: (i) the possibility of requesting the replacement of Products is subject to the actual availability of the different Products requested; (ii) the Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels and any documentation and accessory equipment: e.g. manuals, etc.) and complete with any attached tax documentation; (iii) the costs of shipping will be borne by the User Consumer; (iv) the right of return is expressly excluded in the event that the Products have been assembled.
9. The right of withdrawal is expressly excluded with reference to:

1. Contracts relating to the provision of goods or services whose price is linked to fluctuations in the financial market that the trader cannot control and that may occur during the withdrawal period;
2. Contracts involving Customized or Tailored Products.

1. Guarantees
   1. For each Product purchased by a Consumer User, the latter shall benefit free of charge from the legal guarantee of conformity provided for in Articles 128 et seq. of Legislative Decree 206/2005 (Consumer Code). The legal warranty to be borne by the Seller shall apply to conformity defects arising within 24 (twenty-four) months from the date of delivery of the Product and the action directed to enforce the defects shall be prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product. In the event of a conformity defect, the User shall have the right to the restoration, without cost, of the conformity of the Product by repair or replacement, or to an appropriate reduction of the price or termination of the purchase contract. In any case, the User will remain the owner of the rights arising from the legal warranty described above, regardless of whether the User subscribes to other conventional, free or paid warranties.
   2. It is in any event understood that You will not be entitled to any warranty with respect to any Product or any component identified as defective if, except as otherwise provided and in accordance with applicable law:
      1. the Products have been repaired or altered by anyone other than the manufacturer and/or Seller or any other authorized person; and/or
      2. the lack of conformity of the Product has manifested itself beyond the period of twenty-four (24) months from delivery of the Product and/or the action is brought beyond the period of twenty-six (26) months from delivery of the Product; and/or
      3. defects are due (in whole or in part) to misuse, improper use or storage or maintenance, performed by persons other than the manufacturer, Seller or any other authorized person – that is, without observing the instructions provided with the delivered Products; and/or
      4. the lack of conformity results from instructions or materials provided by the User.
   3. User is expressly informed and acknowledges that any and/or all further warranties on the part of Seller (such as, but not limited to, commercial warranties, etc.) are excluded.
2. Limitations and exclusions of liability
   1. To the fullest extent permitted by applicable law, any and all liability of Seller related to or in any way arising out of a Contract entered into with the User and/or the use of the Services and/or features made available to the User through the Site is excluded.
   2. Consequently, to the fullest extent permitted by applicable law, any and all rights to indemnification, reimbursement or compensation for damages, direct and indirect, pecuniary and non-pecuniary, potential, actual or future, to persons and/or property, connected with or in any way arising out of a Contract entered into with the User and/or the use of the Services and/or features made available to the User through the Site, are excluded.
   3. In any event – and without prejudice to the foregoing – Seller’s liability, if any, with respect to any Products purchased on the Site shall be limited solely to the purchase price of the Product in question.
   4. Without prejudice to the foregoing, the Seller’s liability shall not be excluded or limited in the following cases: i) cases of death or personal injury resulting from the Seller’s negligence; ii) cases of fraud or fraudulent activity of the Seller; iii) any circumstances in which it would be illegal or unlawful for the Seller to exclude, limit, or attempt to limit or exclude its liability.
   5. On the other hand, the Seller’s liability is, from the outset and as a matter of absolute certainty, excluded in cases where the failure or delay in complying with the obligations arising directly or indirectly from these Conditions is attributable to unforeseeable circumstances, force majeure or any other cause beyond the Seller’s control.
3. Suspension of Site Services and Features
   1. The Seller, also pursuant to art. 1460 c.c., reserves the right to suspend, in whole or in part, with the exclusion of any reimbursement, indemnification, compensation, of any kind and nature, the User’s access to the Services and functionalities made available through the Site in the following cases: (a) modifications, interventions and/or extraordinary maintenance to the Site and, in particular, to its Services and functionalities, carried out by the Seller directly or through its consultants; (b) disputes and/or requests of any kind coming from the competent authorities; (c) disputes and/or violations by the User of the obligations arising from these Conditions and, in particular, of those arising from Art. 3 e 16.
   2. In any case of suspension of the User’s access to the Services and the functionalities made available through the Site attributable to the same User, the right of the Seller to claim compensation for any damages caused to him/her shall remain unaffected.

1. Intellectual Property
   1. The User acknowledges that:

1. the Seller is the exclusive owner of any and all rights and/or Entitlements in the Site and the Program underlying the Site;
2. the Seller owns any and all rights (including expressly intellectual and/or industrial property rights) in the Products.

1. The User expressly agrees not to reproduce, even partially, modify, distribute, decompile, dispose of in any way (whether gratuitously or for consideration) the Program, nor to distribute, disseminate or create Content based, in whole or in part, on the Program, except with the written permission of the Seller.
2. The Seller, for the sole purpose of the User’s access and use of the Services and features made available through the Site, grants the User a free, non-exclusive, personal and non-transferable license to use the Program by the User, it being understood in any case that the User may not – under penalty of damages – copy, modify, create derivative works or in any way decompile the Program in order to obtain the source code, sell, assign, sublicense, confer or transfer to third parties any Right and/or right to the Program, nor allow third parties to do so.
3. Without prejudice to the foregoing provisions regarding the Program, the User acknowledges and accepts that any copyrights, trademarks and, more generally, any Rights and/or intellectual and/or industrial property rights, relating to the Products and/or Content on the Site are the exclusive property of the Seller and/or those who have granted the Seller appropriate licenses for their use. The User may, therefore, use such Products and/or Content only to the extent expressly provided for in these Conditions.

1. Manleva
   1. The User – without prejudice to the right of the Seller to claim compensation for any damages caused to him/her – represents and warrants to indemnify and hold harmless the Seller, as well as entities related to it or controlled by it, its representatives, employees, as well as any of its partners from any and all harassment, disruption, claims or legal action, initiated or threatened, by other Users and/or third parties arising from the failure to fulfill the contractual obligations provided for in these Conditions and, in particular, those arising from Articles 3 and 16.
2. Privacy
   1. Personal Data transmitted by one Party to the other in compliance with these Conditions will be used by the receiving Party, in accordance with applicable law, for purposes strictly related and instrumental to this contractual relationship. Each Party consents to and warrants that such Data may be processed and stored in accordance with the aforementioned purposes.
   2. For more information regarding the processing of your Personal Data, you are encouraged to carefully read the Privacy Policy available on the Site.
3. Miscellaneous
   1. These Conditions contain in their entirety the agreements made between the Parties and cancel and supersede any previous agreements made on the same subject. Any agreement added to or deviating from what is contained herein shall be in writing by the Parties and signed by them.
   2. Any nullity, invalidity or ineffectiveness, according to the Italian legal system, of any of the provisions contained in these Conditions shall not render null and void or impair the validity or effectiveness of the remaining provisions with respect to each of the Parties.
   3. Any failure on the part of the Seller to exercise its rights and faculties under these Conditions shall in no way constitute a waiver of the same, having to be regarded as an act of mere forbearance.
   4. These Conditions do not determine any corporate or associational ties between the Parties and do not imply any representative relationship between them, so no Party shall have the right to act on behalf of the other Party.
   5. Seller reserves the right to transfer and/or assign these Conditions and/or contracts for the purchase of Products, in whole or in part (including individual rights or obligations), in any capacity, provided User’s rights hereunder are not affected. User may not transfer and/or assign these Conditions and/or contracts for the purchase of Products, in whole or in part (including individual rights or obligations), for any reason whatsoever, without the prior written consent of Seller. Any assignment that occurs without Seller’s prior written consent shall be void.
   6. Unless otherwise provided, any communication between the Parties regarding these Conditions shall be in writing and shall be deemed effectively and validly executed if received: (i) by Seller at the addresses, including e-mail addresses, set forth in Section 1.1 or at such other addresses, if any, as Seller shall communicate to User; (ii) by User at the addresses, including e-mail addresses, communicated by User at the time of purchase of the Products.

1. Applicable law and jurisdiction
   1. Without prejudice to the application of any mandatory rules of law for Users in other countries, these Terms shall be governed by Italian Law. In particular, any purchase of Products shall be governed not only by these Conditions, but also by the provisions of Legislative Decree no. 206/2005 (so-called Consumer Code) and Legislative Decree no. 70/2003, as applicable.
   2. Without prejudice to the application of any mandatory rules of law, for any dispute relating to the validity, existence, effectiveness, interpretation, execution, termination of these Conditions and, in particular, arising from or related to each purchase contract, as well as relating to the navigation on the Site by the User or the use of any Service and/or functionality made available to the User through the Site, the court of residence of the User shall have exclusive jurisdiction.
   3. The User residing in Italy is hereby informed that, for the above disputes, it is also optionally possible to have recourse to the mediation procedures set forth in Leg. 28/2010.
   4. The User is also informed that the European Commission has established for users residing in the European Union an online platform that provides an alternative dispute resolution tool. This tool can be used by the User on a non-judicial basis for any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. The following is the link to access the platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.