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Terms and conditions

These Terms govern

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

in a binding manner. Capitalized expressions are defined in the relevant section of this
document.

The User is asked to read this document carefully.
The person responsible for this Website is:

JACLI by Davide Mazzara
Via Vincenzo Alagna, 6/A-B-C – 90126 Palermo (PA)
P.Iva: 06708410821
Indirizzo email del Titolare: info@jacli.it

To know at a glance

The right of withdrawal applies only to European Consumers.

Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. These limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

Access to this Website is permitted to Users who meet the age requirements specified in these Terms.

Access to this Website and use of the Service by minors is permitted only under the supervision of parents or guardians.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid.

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

By using this Website the User declares to satisfy the following requirements:

  • There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users.
  • The User must be at least 18 years old;
  • The use of this Website by minors is permitted only under the supervision of their parents or guardians;

Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.

You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the Users to store their access credentials securely and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.

Users are required to inform the Owner immediately and unequivocally via the contact details indicated in this document if they believe that their personal information, such as the account

User, access credentials or personal data have been violated, illicitly disclosed or stolen.

Account closure

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

  • By contacting the Owner at the contact details in this document.

Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Contents on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is the property of or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without any prejudice to legally exercisable rights and claims, Users are asked to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Website

The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service. In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting under licences, transforming, transferring/assigning to third parties or creating derivative works based on the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website solely for personal and non-commercial purposes and provided that attribution of authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and pursuant to applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Owner reserves the right to adopt any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Site Web or the Service to the competent authorities – p. e.g. the judicial or administrative authority – whenever the User carries out or is suspected of carrying out:

  • violations of laws, regulations and/or the Terms;
  • infringement of third party rights;
  • acts that may significantly prejudice the legitimate interests of the Data Controller;
  • offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Website as part of the service are subject to charges.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description

Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a reference only and not implies any guarantee regarding the characteristics of the Product purchased. The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from choosing the product to placing the order, is part of the purchasing procedure.
The purchase procedure includes the following steps:

  • Users are asked to choose the desired Product and verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the 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 purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate consequence.
  • Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

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

Prices

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

Prices on this Website:

  • depending on the section that the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Owner’s headquarters, as indicated in the contact details in this document.

Vouchers

Promotions and discounts may be offered in the form of Vouchers.

In case of violation of the conditions applicable to the Vouchers, the Owner can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take action in the appropriate courts, including judicial ones, in order to protect his rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:

  • Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher;
  • The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
  • Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of installment purchases;
  • Vouchers cannot be combined;
  • The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, remains excluded;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;

Means of payment

The details relating to the accepted means of payment are highlighted during the purchase procedure. Some payment methods are linked to additional conditions or involve additional costs. Detailed information is reported in the relevant section of this Website. All payments are managed independently by third-party services. Therefore, this Website 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 Owner is not obliged to execute the order. Any costs or commissions resulting from failed or rejected payments are the responsibility of the User.

Retention of title

Until payment of the full purchase price is received by the Owner, 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.
Upon 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 can take place in the following countries or territories: Italy. Delivery times are indicated on this Website or during the purchase procedure.

Delivery failure

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the ‘User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures. Unless otherwise specified, every delivery attempt starting from the second will be charged

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 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 the need for justification. Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User can 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 respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal deadline expires.

When does the withdrawal deadline expire?

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

Effects of withdrawal

The Owner refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal. However, the increased cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User. The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the
initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract. The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14 day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them. The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning. Return shipping costs are the responsibility of the User.

Legal guarantee of Product conformity

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant such Users broader rights. Consumers who are not acting as European Consumers may have conformity guarantee rights under the law of the country in which they habitually reside.

Limitation of Liability and Indemnity

European Users

Indemnity

The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by third parties to due to or in connection with negligent conduct such as the use of or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent required by law.

Limitation of liability for User activities on this Website

Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on his or her behalf) is excluded.
The foregoing does not limit the Owner’s liability for death, damage to the person or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.
Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Owner assumes no responsibility regarding:

  •  any lost profits or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
  • damages or losses resulting from interruptions or malfunctions of this Website due to causes of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, breakdowns or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications;
  • any losses that are not a direct consequence of a breach of the Terms by the Owner;

Common provisions

No implied waiver

Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver thereof. No waiver can be considered definitive in relation to a specific right or any other right.

Service Interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to the 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 Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as causes of force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.