Legal notice

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.

In particular, Consumers resident in France can exercise their conformity guarantee rights within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.

By exercising the warranty right, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Owner.

The Consumer can also exercise the warranty right for hidden defects pursuant to the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and price reduction.

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

Australian users

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to a new provision of the services or to the payment of the cost of repeating their provision.

US users

Disclaimer of Warranty

The Owner provides this Website “as is” and according to availability. Use of the Service is at the User's own risk. To the maximum limits permitted by law, the Owner expressly excludes conditions, agreements and guarantees of any kind - be they express, implicit, statutory or otherwise, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create any guarantees not expressly provided for in this document

Without prejudice to the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from doing so. or your use of the Service.

The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.

The Service may become inaccessible or may not function properly with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances will the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for

• any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; And
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your User account or information contained therein;
• any errors, omissions or inaccuracies in the contents;
• personal injury or property damage, of any nature, resulting from your access to or use of the Service;
• any unauthorized access to the Owner's security servers and/or to any personal information stored therein
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. Under no circumstances will the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability set out in these Terms do not apply to the extent permitted by applicable law.

Indemnity

The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expenses, including, without limitation, legal fees and expenses arising from

• your use of or access to the Service, including any data or content transmitted or received by you;
• your breach of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
• your violation of any third party rights, including, but not limited to, any privacy or intellectual property rights;
• the violation by the User of any applicable law, rule or regulation
• any content submitted from your account, including, but not limited to, misleading, false, or inaccurate information, including when accessed by a third party using your personal username, password, or other measures security, if present;
• the malicious conduct of the User; or
• the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law

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.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.

All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the regulations and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will have effects on the relationship with the User only for the future.

Continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms could result in either party being entitled to withdraw from the Agreement.
The applicable previous version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will come into force.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The modification provisions of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.

These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any agreements precedents, between the parties regarding the subject matter regulated.

These Terms will be implemented to the fullest extent permitted by law.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one. In case of failure to agree in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the entire Agreement being void, unless the void, invalid or unenforceable provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict of law rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are asked to contact the Owner at the contact details indicated in this document.

The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of its receipt.