These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
RIPANI ITALIANA PELLETTERIE S.R.L. - Via Botticelli 3 - 64018 Tortoreto (TE) - Italy
Owner contact email: staff@ripani.com
TERMS AND CONDITIONS
general regulations LEGAL TERMS AND CONDITIONS This notice contains the legal terms and conditions that govern the site www. ripani.com (hereafter the "Site"). Users of the web site accept and agree to respect all the conditions included in this statement. If Users do not accept these terms, Ripani Italiana Pelletterie Srl SB reserves the right to ask the Users to refrain from using the web site. The access and the use of the web site are for personal use only. The web site is owned by Ripani Italiana Pelletterie Srl SB (hereinafter RIPANI). At any time, Ripani Italiana Pelletterie Srl SB may modify the contents of the site itself, including the commercial terms and conditions expressed therein, without giving any notice. Ripani Italiana Pelletterie Srl SB declines all liability for the possibility that, due to a particular configuration of the computer used by the Customer or to a malfunction of the same, the colours of the products displayed on the site may differ slightly from the original ones. In case of any discrepancy or inconsistency between the Italian version of this agreement and this English translation, the Italian version shall prevail. TERMs OF SALE The sale of the products contained in the virtual catalogues on this site (hereinafter referred to as "Products") is governed by the following General Terms and Conditions of Sale formulated in accordance with the regulations on off-premises contracts. In case of any discrepancy or inconsistency between the Italian version of this agreement and this English translation, the Italian version shall prevail . CONTRACTORS The sale agreement shall be deemed to be between: Ripani Italiana Pelletterie Srl Sb, with registered office in Via Sandro Botticelli no. 3 - Tortoreto (TE) - Italy, VAT number and registration with the Companies' Register IT00768000671 - registration with the R.E.A. of the C.C.I.A.A. Customer94553 number: the person (natural person or legal entity) who has sent an order through the website, which has been accepted by RIPANI. The application of any other contractual conditions is excluded, even if not expressly denied by RIPANI. APPLICATION OF THE GENERAL CONDITIONS OF SALE Before ordering any Product online from the www.ripani.com website, we ask the Customer to read these General Conditions carefully, and he/she is authorised to save, reproduce, download a copy and/or print them. For any further information, the Customer is invited to contact RIPANI customer care at the e-mail address staff@ripani.com. By completing the formalities established to place the purchase order, the Customer declares that he/she has read the formalities and fully accepts the General Conditions of Sale. The General Conditions of Sale may be modified by RIPANI over time, and any modifications will become valid with their publication on the website. The conditions in force at the time of purchase will be applicable to each contract. DESCRIPTION OF THE SALE OF PRODUCTS The service for the sale of Products activated on the Site includes registration, access to selections, choice of Products, on-line transmission of the purchase order and possible on-line acceptance of the purchase order. REGISTRATION: The purchase and/or registration implies acceptance of the above-mentioned General Conditions governing the contract for the supply of Products, as well as consent to the processing of one's personal data. In the event of registration, the Customer is required to keep his password with the utmost diligence, undertaking not to allow the service to be used by third parties not expressly authorised by him, for whose conduct on the network he accepts all responsibility. In the event of loss, theft or misplacement of the password, the Customer shall be entitled to activate the procedure for issuing a new password on the Site. If the Customer wishes to cancel his account, he must send this request to the e-mail address staff@ripani.com. PURCHASE ORDER: Every purchase order received by RIPANI must clearly contain indications of the Product code, the description of the same, the quantity, the address and the name of the recipient. The purchase order sent by the Customer constitutes a binding contractual proposal for the Customer. To confirm receipt of the order, RIPANI will send the Customer a summary e-mail to the e-mail address indicated in the registration. This e-mail is for information purposes only and does not constitute acceptance of the order by RIPANI. ACCEPTANCE OF THE PURCHASE ORDER AND CONCLUSION OF THE PURCHASE CONTRACT: RIPANI reserves the unquestionable right to accept or refuse the purchase order forwarded by the Customer. Without prejudice to the provisions of the following paragraph, RIPANI undertakes to carry out the Customer's order, or to inform the Customer of any problems, without delay and in any case within and no later than 10 days from the day after the Customer has sent the order. If RIPANI does not confirm the order, it can be considered rejected. It is understood that the execution of the order is subject to the actual availability of the Products. In any case, the order may not be accepted, in the event that - by way of example but not limited to - it is not possible to obtain the Customer's payment authorisation; the product is subject to particular and/or determined shipping limits; the product shown on the website contains an obvious error (wrong price and/or description). In the event of lack of availability of the Product and/or in the event of non-acceptance of the order, RIPANI will therefore promptly inform the Customer and reimburse the same if payment has already been made. In this case the Customer will not be entitled to any other indemnity or compensation. Orders sent by persons under the age of majority will not be accepted. Acceptance of the order and formulation of the sales contract between RIPANI and the Customer will not take place until the Customer has received an e-mail from RIPANI confirming shipment. The Products remain the property of RIPANI until the Customer has paid the full amount due according to the agreement reached. Cancellation of orders Unfortunately, it is not possible to cancel or change your order, even if it has not yet been shipped, as the order is processed upon receipt. However, you can return the goods and receive a refund. You can only get a refund on returned products if the return is made in accordance with our criteria (see returns and refunds section). Change of goods RIPANI does not exchange goods. If you wish to exchange a Product, you must first return the purchase and then place a new order. It is possible to obtain a refund on returned Products only if the return is made in compliance with indications given in the RIGHT OF WITHDRAWAL section below.
È possibile ottenere il rimborso sui Prodotti restituiti solo se la restituzione avviene nel rispetto delle indicazioni di cui al successivo punto dei nostri criteri (si veda sezione resi e rimborsi).
Change of delivery address The delivery address cannot be changed after sending the order. The delivery address can be changed before a new purchase through the dedicated account page. PRODUCT CHARACTERISTICS The Products are represented in the on-line catalogue in such a way as to correspond as far as possible to their exact characteristics. The images published have the value of generic information material and may not exactly correspond to reality; therefore RIPANI is not responsible for these variations and deviations. The Products shown in the on-line catalogue may be purchased while stocks last, it being understood that RIPANI reserves the right not to make some Products available at any time, and/or to modify their characteristics. RIPANI also reserves the right to update the on-line Catalogue at any time, changing the range or number of products. PRICES AND CURRENCY The price of the Products is the one resulting from the Price List published on the Website and in force at the time of the order transmission by the Customer. The prices of the Products published on the Site are inclusive of packaging and/or standard packaging and VAT (except for non-EU countries), the rate of which is determined in relation to the type of Product. Prices do not include transport and delivery costs. All the aforesaid costs (of delivery and special packaging), not included in the prices of the Products published on the Site, will be separately indicated in the order summary and confirmed in the order acceptance e-mail that will be sent to the customer by RIPANI. The Customer will be required to pay all taxes and customs charges applicable in the country of delivery of the Products ordered. Any and all charges or costs relating to customs clearance of the Products delivered shall remain the sole responsibility of the recipient of the delivery. Orders are invoiced in the currency of our price list for the country to which you wish to ship. The amount that will be charged to your credit card or Paypal account may vary as it is based on fluctuating exchange rate regimes and bank fees. Customers are encouraged to contact their banking institution for detailed information on exchange rates and bank fees related to their transaction. METHOD OF PAYMENT PAYMENT BY CREDIT CARD Payment by credit card of the Visa, Mastercard and Maestro circuits shall be made online, at the time of transmission of the purchase order. The Customer will be asked to provide his credit card details in the purchase order and the request to debit the corresponding amount will only be made when the order is completed. The Customer's credit card details sent during the transmission of the purchase order are not accessible to RIPANI or to third parties, and are received, protected against unauthorised access, on the secure servers of Paypal and Stipe, which handle credit card payments on behalf of RIPANI. When RIPANI receives confirmation of the payment, it will proceed to prepare and process the purchase order. We invite you to visit www.paypal.com for further information on Paypal and www. stripe.com for further information on Stripe. PAYMENT BY VERIFIED ACCOUNT PAYPAL and STRIPE By choosing the Paypal or Stripe payment method the customer can pay directly through their Paypal or Stripe verified account. We accept Paypal or Stripe payments from Verified accounts and reserve the right to ship the goods to the address indicated on the verified Paypal or Stripe account. Payments sent from unverified Paypal or Stripe accounts may be cancelled. SHIPMENTS RIPANI will deliver the goods to the address indicated by the customer only to homes or offices. Shipments are made exclusively in the customer's country of registration; shipments to countries other than the country of registration are not accepted. Shipments are carried out on working days, excluding public holidays in the country of delivery. The Customer must therefore consider the public holidays in force in his country, region and town of residence as well as the public holidays in force in the town of Tortoreto, Italy (headquarters of the RIPANI warehouse). Note: public holidays may vary from country to country and from year to year. We suggest checking the public holiday calendar to be able to formulate a forecast of the delivery periods). The ordered products will be shipped within 5 working days after receipt of payment. Shipments will be delivered within 2/5 working days. Delivery periods are indicative and do not represent binding deadlines. The mere extension of a delivery time does not entitle the Customer to any compensation. IMPORTANT: Shipments may be delayed during the SALE period. RIPANI reserves the possibility of making partial deliveries so that the customer receives the ordered goods as soon as possible. In the unlikely event that RIPANI discovers, after the closing of the sales agreement, that it is no longer possible to deliver the ordered Products for reasons beyond its responsibility, it will be entitled to cancel the agreement. RIPANI will inform the Customer promptly, reimbursing the payment made. Delivery charges vary depending on the quantity of items purchased and the country of delivery. Shipping is free in Italy for net orders over € 100.00. WARRANTY All illustrations and depictions available on the Site or communicated by us are for illustrative purposes only and in no way represent a statement by us that the Products comply with them. In the event of a lack of conformity of the purchased Product, the Customer shall be entitled to have the conformity of the Product restored, without charge, by repairing or replacing the Product itself or, alternatively, to an appropriate reduction in the price or to the termination of the contract. It should be noted that a lack of conformity exists when one of the following situations occurs, by way of example only: (i) the product is not suitable for the use for which it should normally serve; (ii) it does not conform to the description or does not possess the qualities promised by the seller; (iii) it does not offer the usual qualities and performance of goods of the same type; (iv) it is not suitable for the particular use intended by the consumer if brought to the seller's attention at the time of purchase and accepted by the seller. In the event of the existence of a conformity defect, the Customer may request, at its choice: the repair of the Product or its replacement, unless the remedy sought is objectively impossible or excessively expensive in comparison with the other remedy. In particular, a remedy shall be regarded as excessively expensive if it imposes unreasonable expenses in comparison with the other, taking into account: (i) the value the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy could be performed without significant inconvenience to the customer. Alternatively, you may request, at your option, an appropriate price reduction or termination of the contract in the following circumstances (i) repair or replacement is impossible or excessively expensive; (ii) the Product has not been repaired or replaced within a reasonable period of time; (iii) the replacement or repair previously carried out has caused the Customer considerable inconvenience. A minor lack of conformity for which the remedies of repair or replacement have not been possible or are excessively expensive shall not entitle the parties to rescind the contract. The right to the legal guarantee of conformity shall only be exercisable within a period of two (2) years from the delivery of the Product, provided that the relevant request for repair or replacement of the defective Product(s) is sent within two (2) months from the discovery of the defect. To this end, the Customer must keep the purchase receipt and the Product delivery receipt, which must be attached to the request for repair or replacement under warranty. In the absence of a receipt for delivery of the Product, the two (2) year period referred to above shall be calculated from the date of purchase of the Product. To exercise his rights, the Customer must contact the RIPANI Customer Service at staff@ripanil.com. The Customer shall be entitled to repair, replacement, price reduction or termination of the contract in respect of any Product or any component identified as defective, unless otherwise provided for and in accordance with Applicable Law: RIPANI has the right to inspect the Product and, before proceeding to apply the guarantee, to check that it is indeed a conformity defect. The guarantee shall not apply if The Products have been repaired or altered by persons other than RIPANI, or any other authorised person; and/or The lack of conformity of the Product(s) has become apparent after the expiry of a period of two (2) years from the delivery of the Product(s) and/or the relevant request for repair or replacement of the defective Product(s) has been sent after a period of two (2) months from the discovery of the defect; and/or Defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation carried out by persons other than RIPANI, or any other authorised person - or failure to observe the instructions provided by Cromia together with the Products delivered. RIGHT OF WITHDRAWAL The Customer has the right to withdraw from the Contract, exercisable within 14 days from receipt of the goods purchased. The Customer must contact RIPANI at the e-mail address staff@ripani.com, indicating his intention to withdraw. The company will provide the customer with instructions. The return must be made according to our procedure and by express and traceable courier, at the expense of the sender. The shipment must be sent to the following address Ripani Italiana Pelletterie Srl SB, via Sandro Botticelli n. 3 - Tortoreto (TE). The Customer must return, at his or her own care and risk, the purchased Products, undamaged and complete (including any original packaging of the item), to the above-mentioned address within and no later than 14 days from receipt of the purchased Products. For the sole purpose of the expiry of the aforementioned 14-day period, the Products shall be deemed to have been returned at the time they were handed over to the forwarding agent. Withdrawal may be exercised for the entire Product purchased and cannot therefore be exercised in relation to only part of the goods ordered. COPYRIGHT The website and all its contents are the property of RIPANI. This includes documentation, images, characters, design, music, software, codes and format scripts. The material contained in the website is protected by copyright. Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is strictly prohibited without the express written consent of RIPANI. RIPANI prohibits the use of the content or trademarks on the website for any purpose other than those mentioned above. The images contained on the website are the property of RIPANI. Any use of these images that is not authorised by RIPANI's written consent will be prosecuted in accordance with the law.
INFORMATION REGARDING THE PROCESSING OF PERSONAL DATA. We comply with Applicable Data Protection Law (and in particular EU Regulation 679/2016) and will only use information that personally identifies you or is likely to personally identify you ("Personal Data"), in accordance with the provisions of our Privacy Policy, available at the following webpage ("Privacy Policy"). By providing us with your Personal Data, you acknowledge that such data will be processed to fulfil your order and for the purposes specified in the Privacy Policy. BY USING THIS SITE OR SENDING YOUR PERSONAL INFORMATION TO RIPANI ITALIANA PELLETTERIE SRL SB YOU ARE AUTOMATICALLY GRANTING YOUR CONSENT TO THE COLLECTION, USE, TRANSFER AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
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 this Website, Users confirm to meet the following requirements:
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 this Website.
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.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, 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.
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website 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.
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, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website 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.
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their own content to this Website they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
Users are solely liable for any content they upload, post, share, or provide through this Website.
Users acknowledge and accept that the Owner filters or moderates such content in a preventative manner.
Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to this Website to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Through this Website 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.
This Website 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 this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website 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:
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; 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 users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
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.
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 terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
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 this Website 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 this Website 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.
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 for the future.
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. Failure to accept the revised Terms, may entitle either party to 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 required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
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.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
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.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
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 the 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.
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.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
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.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.