Introduction
These Terms govern
- the use of Taliani Ferro Shop, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Taliani Ferro Shop is provided by:
Taliani Giuseppe S.a.s. - Via Toscana 5, Zona Industriale di Gello, 56025 Pontedera (PI), Italia
Owner contact email: admin@talianiferro.com
"Taliani Ferro Shop" refers to
- this website, including its subdomains and any other website through which the Owner makes its Service available;
The following documents are incorporated by reference into these Terms:
- I Termini e Condizioni del servizio sono disponibili al seguente indirizzo: (https://talianiferroshop.com/policies/terms-of-service)
- Per informazioni relative al diritto di recesso e alle modalità di rimborso, si rimanda a: Informativa sui rimborsi (https://talianiferroshop.com/policies/refund-policy)
- Per ulteriori dettagli relativi alle condizioni di vendita, spedizione, ritiro in magazzino e tolleranze del materiale, si rimanda a: Condizioni di vendita (https://talianiferroshop.com/pages/condizioni-di-vendita)
What the User should know at a glance
- Usage of Taliani Ferro Shop and the Service is age restricted: to access and use Taliani Ferro Shop and its Service the User must be an adult under applicable law.
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using Taliani Ferro Shop.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Taliani Ferro Shop, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be recognised as adult by applicable law;
Account registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Taliani Ferro Shop.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on Taliani Ferro Shop is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:
User has violated these Terms; and/or
User's access or use of Taliani Ferro Shop may cause injury to the Owner, other Users or third parties; and/or
the use of Taliani Ferro Shop by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on Taliani Ferro Shop
Unless where otherwise specified or clearly recognisable, all content available on Taliani Ferro Shop is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Taliani Ferro Shop infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on Taliani Ferro Shop - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on Taliani Ferro Shop, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Taliani Ferro Shop, the User may download, copy and/or share some content available through Taliani Ferro Shop for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through Taliani Ferro Shop Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
Taliani Ferro Shop and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Taliani Ferro Shop and/or the Service violates no applicable law, regulations or third-party rights.
Whenever the Owner should intend to adopt a measure to protect its legitimate interests that would result the User’s access to Taliani Ferro Shop or the Service being prevented entirely or considerably restricted (even just temporarily), the Owner will notify the affected User thereof 0 days before the measure becomes effective, unless such delay would cause irreparable harm to the Owner’s legitimate interests.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Taliani Ferro Shop or the Service, terminating contracts, reporting any misconduct performed through Taliani Ferro Shop or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on Taliani Ferro Shop, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Taliani Ferro Shop.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of Taliani Ferro Shop and are subject to change without notice.
While Products on Taliani Ferro Shop are presented with the greatest accuracy technically possible, representation on Taliani Ferro Shop through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
- Within the purchase selection, Users may review their purchase selection, modify, remove or add items and, where provided for, give specific instructions (for instance, “send it with a gift receipt”).
- Users will use the checkout button to be redirected to the checkout view.
- Within the checkout view, Users are required, through consecutive steps, to specify their contact details, billing and shipping address, and a shipping and payment method of their choice.
- During the purchasing process, Users may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code (Coupon) or altogether abort the purchasing process with no consequence.
- After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on Taliani Ferro Shop, hereby accepting these Terms and committing to pay the agreed-upon price.
Order submission
When the User submits an order, the following applies:
- Each order submitted constitutes an offer to purchase. The submission of the order creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt. Unless stated otherwise in the relevant communication, the aforementioned receipt merely indicates reception of the order and does not constitute acceptance of the order.
Order acceptance
- Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance.
- Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay.
The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Taliani Ferro Shop are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Taliani Ferro Shop.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Taliani Ferro Shop.
Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of Taliani Ferro Shop to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases Taliani Ferro Shop collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery of goods
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of Taliani Ferro Shop.
Delivery times are specified on Taliani Ferro Shop or during the purchasing process.
Unless otherwise specified on Taliani Ferro Shop or agreed with Users, Products shall be delivered within thirty (30) days from purchase.
“Click and collect”
Users may choose to collect their purchase at one of the “collection points” outlined in the dedicated section of Taliani Ferro Shop and according to the timeframe communicated.
Modality for arranged delivery
Subject to prior agreement with the Owner, Users may arrange the pickup of the purchased goods by a carrier of their choice in good time and at their own risk and expense.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Owner.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on Taliani Ferro Shop or as communicated before the order submission.
Users acknowledge and accept that in order to access the service, Users must employ legal, commonly used and up-to-date device(s) and/or software (including operating systems) that are consistent with current market-standards.
Users acknowledge and accept that the ability to use the services may be limited in time and space.
Provision of personal data
To access or receive some of the Products provided via Taliani Ferro Shop as part of the Service, Users may be required to provide their personal data as indicated on Taliani Ferro Shop. If the User withdraws consent to the processing of personal data required for the provision of the Service, the Owner reserves the right to terminate the contract with the User.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal does not apply on Taliani Ferro Shop
In light of the above, Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded via Taliani Ferro Shop due to the nature of its offering.
Guarantees
Legal guarantee of conformity for goods under EU law
Under EU law, for a minimum period of 2 years from delivery, traders guarantee the conformity of the goods they sell to Consumers.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on Taliani Ferro Shop in accordance with the laws of the country of their habitual residence.
National laws of such country may grant Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.
Conformity to contract for Consumers in the United Kingdom
Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.
Legal guarantee of conformity for goods for Consumers in Brazil
The legal guarantee applicable to goods sold by Taliani Ferro Shop (both physical and digital) complies with the following terms, according to the Consumer Protection Code:
- non-durable goods shall have a thirty-day (30 day) guarantee; and
- durable goods shall have a ninety-day (90 day) guarantee.
The warranty period starts from the date of goods delivery.
The warranty is not applicable in cases of misuse, natural events or if it has been subjected to any maintenance other than that provided by Taliani Ferro Shop.
The warranty may be claimed through the contact channels provided by Taliani Ferro Shop. The Owner shall bear the costs of shipping the goods for technical assessment, if necessary.
The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty. The regulations applicable to contractual warranties can be found in the specifications provided by Taliani Ferro Shop. If no such information is provided, only the statutory provisions shall apply.
Legal guarantee of conformity for services for Consumers in Brazil
The legal guarantee applicable to services sold by Taliani Ferro Shop complies with the following terms, according to the Consumer Protection Code:
- non-durable services shall have a thirty-day (30 day) guarantee; and
- durable services shall have a ninety-day (90 day) guarantee.
The warranty period starts from the end of the performance of services.
The warranty is not applicable in cases of service misuse, natural events or if it has been subjected to any maintenance other than that provided by Taliani Ferro Shop.
The warranty may be claimed through the contact channels provided by Taliani Ferro Shop. If applicable, the Owner shall bear the costs of shipping any goods for technical assessment.
The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty.
The regulations applicable to contractual warranties can be found in the specifications provided by Taliani Ferro Shop. If no such information is provided, only the statutory provisions shall apply.
After-sales assistance
Users who have purchased products on Taliani Ferro Shop may take advantage of the after-sales assistance services related to their purchase at no cost for the entire guarantee period by contacting the Owner at the contact details provided in this document.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to mandatory law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Taliani Ferro Shop has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
The Owner undertakes to inform the User with at least 0 days' notice in advance, whenever possible.
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Taliani Ferro Shop and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
For information about the use of their personal data, Users must refer to the privacy policy of Taliani Ferro Shop which is hereby declared to be part of these Terms.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Taliani Ferro Shop are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Taliani Ferro Shop are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of Taliani Ferro Shop must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Authoritative version of these Terms
These Terms are drawn up and revised in Italiano. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Accessibility
The Owner is committed to making the content accessible to Users with disabilities. If Users have a disability and are unable to access any portion of Taliani Ferro Shop due to their disability, they should give a notice including a detailed description of the issue encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques, the Owner commits to promptly address it.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Taliani Ferro Shop or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 3 days of receiving it.
Definitions and legal references
Taliani Ferro Shop (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
Business User
Any User that does not qualify as a Consumer.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Taliani Ferro Shop and/or the Service to Users.
Product
A good or service available through Taliani Ferro Shop, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.
Service
The service provided by Taliani Ferro Shop as described in these Terms and on Taliani Ferro Shop.
Terms
All provisions applicable to the use of Taliani Ferro Shop and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
United Kingdom (or UK)
Applies where a User, regardless of nationality, is in the United Kingdom.
User (or You)
Indicates any natural person or legal entity using Taliani Ferro Shop.
Consumer
Consumer is any User qualifying as such under applicable law.