These Terms govern
the use of Dolci Trame, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Via di Pantaneto 27, 53100 Siena
Partita IVA: 01487340521
Owner contact email: firstname.lastname@example.org
This document is a legal agreement between you, the User, and the entity providing Dolci Trame. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Dolci Trame as outlined in the present document. “Dolci Trame” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
ACCEPTANCE OF THIS AGREEMENT
In order to use Dolci Trame, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
REGISTRATION, CONTENT ON DOLCI TRAME AND PROHIBITED USE OF DOLCI TRAME
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credential.
DELETING USER ACCOUNTS AND ACCOUNT TERMINATION
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Dolci Trame or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that:
User has violated this Agreement; and/or
User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
the use of Dolci Trame by the User may result in violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
CONTENT AVAILABLE ON DOLCI TRAME
The content available on Dolci Trame is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Dolci Trame, nor allow any third party to do so through the User or its device, even without User’s knowledge. Where explicitly stated on Dolci Trame, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Dolci Trame, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
The Service shall be used only in accordance with these Terms.
Users may not:
reverse engineer, decompile, disassemble, modify or create derivative works based on Dolci Trame or any portion of it;
circumvent any technology used by Dolci Trame or its licensors to protect content accessible via it;
copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Dolci Trame;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Dolci Trame or its content;
rent, lease or sublicense Dolci Trame;
defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
misappropriate any account in use by another User;
register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Dolci Trame in any way;
use Dolci Trame in any other improper manner that violates the Terms.
TERMS AND CONDITIONS OF SALE
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Dolci Trame reserves the right not to accept incomplete or improperly filled orders. Dolci Trame also reserves the right (at its sole discretion) not to accept or process orders in the event of (I) unavailability of the Products; (II) unsuccessful payment made by the User (by way of example, in the event of failure to charge the Customer’s credit card or, if payment is made by bank transfer, failure to confirm receipt of the transfer within 10 (ten) working days from the date of the order); (III) where there is a report of, or suspicion of, fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes or (IV) in case of non-fulfilment by the Customer of its obligations deriving from a previous contract concluded with Dolci Trame.
ORDER CHANGE AND CANCELLATION
After a product is delivered to the carrier, no order can be modified and/or cancelled by the User, who can still exercise the right of withdrawal once the product is received.
If the User’s change refers to a different product from the one originally ordered, the prices of the new product will be the one indicated on our website at the time of the change. If the change only concerns the quantity, the price will remain unchanged.
Modification and cancellation of the order can be made by phone or email, as long as the product has not yet been delivered to the carrier.
METHODS OF PAYMENT
Dolci Trame uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
More information on payment methods can be found at the following address.
The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time. The conditions of these discounts and / or offers will be specified each time on the corresponding information page of Dolci Trame. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.
USE OF COUPONS OR GIFT-CARD
Unless otherwise stated the following conditions apply to the use of Coupons.
Each Coupon is valid for one person and can be used a single time in the manner and on the date specified in the instructions on the website and/or accompanying the Coupon;
The Coupon must be redeemed exclusively within the period of time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim rights in its regard;
If the coupon is used for services other than those outlined in the initial offer, the User is not entitled to any credit/refund/compensation if there is a difference between the original value of the offer and the redeemed value.
If any illegal act is committed, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
RIGHT OF WITHDRAWAL AND GUARANTEE
RIGHT OF WITHDRAWAL
In case of purchase of products or services via Dolci Trame the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.
To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.
EFFECTS OF WITHDRAWAL
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The costs of returning the goods is borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
LIMITATIONS ON THE RIGHT OF WITHDRAWAL
Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.
The right of withdrawal is excluded in all cases relating to:
Goods made to specifications or clearly personalized;
Goods which are liable to deteriorate or expire rapidly;
Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery;
Second hand goods (part of “Vintage” section).
If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value. The User is asked to return the goods attaching a copy of the delivery slip received. The right of withdrawal is excluded in all cases relating to: • Goods made to specifications or clearly personalized; • Goods which are liable to deteriorate or expire rapidly; • Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery. • Second hand goods (part of “Vintage” section) If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
APPLICABILITY OF THE RIGHT OF WITHDRAWAL
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.
To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:
If repair and replacement are impossible or prohibitively expensive;
If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.
The User is obliged to return the defective products.
INDEMNIFICATION AND LIMITATION OF LIABILITY
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
LIMITATIONS OF LIABILITY
Dolci Trame and all functions accessible through Dolci Trame are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals.
Dolci Trame and functions accessible through Dolci Trame are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Dolci Trame. Therefore, the Owner shall not be liable for:
any losses that are not a direct consequence of the breach of the Agreement by the Owner;
any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of Dolci Trame due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
incorrect or unsuitable use of Dolci Trame by Users or third parties.
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Tessabit.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Tessabit and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The Owner may tolerate reselling performed on a limited one-to-one basis; any form of mass reselling is expressly excluded.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Dolci Trame are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Dolci Trame are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
CHANGES TO THESE TERMS
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Dolci Trame.
Users who continue to use Dolci Trame after the publication of the changes accept the new Terms in their entirety.
ASSIGNMENT OF CONTRACT
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Dolci Trame must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.
DEFINITIONS AND LEGAL REFERENCES
Dolci Trame (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Example withdrawal form
DOLCI TRAME S.R.L. Via di Pantaneto 27, 53100 Siena – Partita IVA: 01487340521
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
(sign if this form is notified on paper)
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Dolci Trame and/or the Service to Users.
The service provided by Dolci Trame as described in these Terms and on Dolci Trame.
All provisions applicable to the use of Dolci Trame and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Dolci Trame.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.