Terms and Conditions
The company gluecklich SNC / OHG (hereinafter also referred to as "gluecklich") provides you the Website and other products and services, when you visit or make purchases on www.gluecklich.com, on the basis of the following i) General Conditions of Use and ii) General Conditions of Sale.
I) GENERAL CONDITIONS OF USE
1. ELECTRONIC COMMUNICATIONS
When you use the gluecklich services or send us an e-mail, you communicate with us in electronic form. We will communicate with you by e-mail or by posting notices on the Website. Notwithstanding the specific provisions of the law, for the purposes of this contract, you agree to receive communications from us in electronic form and acknowledge that all contracts, notices, disclosures and other communications that we provide to you electronically satisfy the requirement of written form, when required by law.
All content included or available through the gluecklich services in the form of text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are property of gluecklich or its content providers and are protected by the Italian law and international laws regarding copyright and database rights. The list of all content on or made available through the Services is the exclusive property of gluecklich and is protected by the laws of the Italian State and international laws regarding copyright and database rights.
It is not allowed to extract and / or reuse parts of gluecklich Services without the express written consent of gluecklich. In particular, you may not use data mining, robots, or similar devices to capture or extract any part of any gluecklich Services, without our express written consent. You cannot even create and / or publish your own database that reproduces substantial parts of gluecklich Services without the express written consent of gluecklich.
The graphics, logos, page headers, button icons, characters and service marks included in or made available through any of the gluecklich services are trademarks or distinctive signs of gluecklich. Trademarks and brands of gluecklich cannot be used in relation to goods or services which are not of gluecklich, in such a way as to cause confusion among customers, or in any manner that disparages or discredits gluecklich.
4. LICENSE FOR ACCESS TO gluecklich
6. YOUR ACCOUNT
If you are using the gluecklich Services, you are required to maintain the confidentiality of your account and password and controlling access to your computer, and you agree, to the extent permitted by applicable laws, to be held responsible for all activities that occur with your account and password. You agree to take all necessary precautions to ensure that your password remains secure and confidential, and you agree to notify us immediately if you have reason to believe that any third party is aware of your password or if your password is, or is likely to be, used in an unauthorized manner. You are required to make sure the information you provide to us is correct and complete and inform us immediately of any change to the information you've provided us. You can access and update the information provided to us in the My Account section of the Website.
We reserve the right to deny access to the Website and / or gluecklich services, to suspend or close an account, remove or edit content on the Website at our discretion, in the event of a violation of the provisions of law or of these Terms.
7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You can post reviews, comments, other content, and submit suggestions, ideas, comments, questions, or other information, provided the content is not illegal (ie, obscene, abusive, threatening, defamatory, does not infringe the privacy, the intellectual property rights or is otherwise offensive to gluecklich and / or third parties and does not contain viruses, political content, commercial solicitation, chain letters, mass e-mail or any other form of spamming). You may not use a false email address, pretend to be another person or entity or otherwise lie about the origin of a card or other content. We reserve the right to remove or edit such content after we have received any reports by filling in the contact form available on our Website online. If you believe that any content posted on the Website contains a defamatory information or infringes intellectual property rights, please let us know via email (firstname.lastname@example.org) and we will promptly remove it.
If you choose to submit content or materials, you consent gluecklich to publish such content on the Website as well as the name you used in relation to them, and to adapt the format to the extent necessary to make them accessible to the public through the Internet. We do not acquire ownership of the materials received and we have no obligation to monitor content transmitted or hosted on the Website. As a hosting provider, we have only the obligation to remove illegal content within the limits provided by law. You agree that these rights granted to us are irrevocable for the duration of your intellectual property rights associated with such content and materials. You agree to take all further acts necessary to perfect any of the above rights granted by you to gluecklich, including the execution of deeds and documents, at our request.
You represent and warrant that on the date that the content or material will be published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material you provide does not conflict with any of the policies and guidelines applicable to gluecklich and that such use will not cause injury to others. You agree to indemnify gluecklich by all legal actions initiated by third parties against gluecklich, arising out of or in any way connected with the contents and materials provided by you.
8. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
gluecklich respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that could raise possible violations, please contact us via the contact form available on our Website.
9. OUR RESPONSIBILITY
We will do our best to ensure that access to the gluecklich services is provided without interruption and that the communication takes place without errors. However, due to the nature of internet, uninterrupted access and the absence of errors in the transmission cannot be guaranteed. Also, your access to the gluecklich services may also be occasionally suspended or restricted due to maintenance work being performed on the Website or the introduction of new activities or services. We will attempt to limit the frequency and duration of these suspensions and limitations.
gluecklich will not be responsible for (i) losses that are not a result of our breach of these terms and conditions or (ii) for any loss of business opportunity (including loss of profits, revenue, contracts, anticipated savings) or (iii) any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you started to use the gluecklich services.
We will not be responsible for any delay or failure to fulfill our obligations under these terms and conditions if the delay or failure arises from unforeseeable circumstances or force majeure. This provision does not affect your rights under the Italian law and in particular your right to receive the purchased goods within a reasonable time or to be refunded in case of failure to deliver due to circumstances arising from unforeseeable circumstances or force majeure.
10. APPLICABLE LAWS AND JURISDICTION
These Terms and Conditions of Use are governed and shall be interpreted under Italian law.
11. CHANGES TO THE SERVICE OR CHANGES IN CONDITIONS
We reserve the right to change the gluecklich Services, policies, these Terms and Conditions of Use and Terms of Service at any time to offer new products or services, or to conform to the edicts of the law and regulations. You will be subject to the policies and terms of the General Conditions of Use when using the gluecklich services. If any provision of these Conditions is held invalid, void or for any reason unenforceable, that condition shall not affect, however, the validity and enforceability of the other provisions.
We do not sell products to minors. We sell also children's products that may be purchased only by adults. If you are under 18, you may use the gluecklich Services only after involving a parent or a guardian.
II. GENERAL CONDITIONS OF SALE
These general conditions of sale govern the sale of products and, where applicable, for services through the Website when gluecklich operates as a seller ("Terms of Sale"). gluecklich is the trading name of gluecklich SNC / OHG. The sale of products from third party vendors will be governed by the terms and conditions of sale from time to time applicable. We offer a wide range of gluecklich services and sometimes you may be subject to additional terms and conditions.
We encourage you to carefully read these Terms and Conditions of Sale before proceeding with any purchase. By making any purchase you fully accept these Terms of Sale.
1. OUR CONTRACT
The presentation of gluecklich Services on the Website constitute a proposed invitation to users of the Website to propose a purchase. The indication of interest of any product by an user of the Website has not to be considered as binding for gluecklich and by effect of art. 1336 of the Italian Civil Code, it is in the full discretion of gluecklich any decision regarding the acceptance of the order placed by the user of the Website.
If you want to buy one or more of the products displayed on the Website, you can select them one at a time, by adding them to your shopping cart. Once you have selected all the items you wish to purchase, you can close your cart and submit the order. At this point you will see a summary page of your selected product, their price and options (with costs) delivery. You will be asked to choose your preferred option for the delivery, for shipping and for the payment.
At the bottom of the same page you will find the "Submit" button, which you click to send us your order.
Your order will then be treated as an indication of the intention to purchase the products listed, each considered individually. Upon receipt of your order, we will automatically send an e-mail to take charge of the order ("E-mail confirmation") which, however, does not constitute acceptance of your offer to purchase. By sending E-mail confirmation, we only confirm we've received the order. The delivery of the actual products is indeed subject to the availability on stock of the requested products. The sales contract with gluecklich SNC / OHG will end only when we send an e-mail confirmation of acceptance of your offer to purchase which will also include information relating to the shipment of the product ("E-mail Shipping confirmation "). In the event that your order will be processed through more than one shipment, you may receive separate E-mail Shipping confirmations. You can freely cancel your order before receiving our E-mail Shipping confirmation, provided that the order has not been prepared for the shipping process. In this case you will not be charged any fees.
gluecklich has the right to accept or decline any orders received without the Client having any right to claim against gluecklich in any way.
All orders placed on the Website must comply with the normal consumption requirements. This requirement finds application both in relation to the number of products purchased in a single order or in case of a plurality of orders relating to the same product even in the case in which each order comprises a quantity of products corresponding to the normal consumption requirements.
2. RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
To exercise the right of withdrawal, you must inform us () of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use a model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
3. PRICE, PAYMENT METHODS AND AVAILABILITY
All prices are inclusive of Italian VAT but do not include any taxes, duties and applicable taxes in the country of destination (if the country of destination is not Italy) of the goods which will be borne by the customer.
gluecklich reserves the right to modify at any time the prices of gluecklich Services that are listed on the Website. Changes to the prices of gluecklich Services will however not impact customers who have already submitted an order.
Will be applied the prices reported on the website at the placement of the order.
Information about the availability of the products is shown on the Website, as well as on the presentation page of each product. In addition to the information provided on this page or elsewhere on the Website, we are not able to give more precise information about the availability of products. Please note that the estimated time of dispatch and delivery of products is a pure indication that cannot be relied on. Once we receive your order, we will notify you via e-mail if some of the products you ordered are not available.
gluecklich reserves the right to refuse or not to execute orders, which provide for the delivery of its products outside of the Italian territory, or in the area of Livigno and Campione d'Italia. For deliveries, gluecklich will make use of vectors selected by gluecklich.
If the goods have to be delivered outside of Italy you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional costs for customs clearance will be your responsibility. We do not control these costs and we cannot predict their amount. Customs policies vary widely from country to country and you should therefore contact your local customs office for further information.
Please keep in mind that, when you place orders on the Website, you are considered as an importer and you're therefore obliged to comply with all laws and regulations of the country where you will receive the goods.
Your privacy is important to us and we know that you are really fond of the way the information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries can be subject to inspection by the customs authorities.
5. WARRANTIES ON PRODUCTS SOLD BY gluecklich AND LIMITATIONS OF LIABILITY
The legal guarantee of gluecklich towards its customers guarantees for defects in accordance with the contract of sale.
To the extent permitted by law, gluecklich disclaims any liability in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.
Also we will not be responsible in case of non-substantial differences between the purchased goods and their images and explanatory text descriptions posted on our Website.
Except in the case of willful misconduct or gross negligence, we are solely responsible for any direct and foreseeable damage at the time of conclusion of the contract of sale. We will not be liable for any loss suffered, loss of profit or any other damage that is not immediate and direct consequence of what was foreseeable at the time of conclusion of the contract of sale. gluecklich is not in any way responsible to third parties who may offer commercial guarantees in relation to the goods for sale on their Website.
6. DATA PROTECTION
7. CLAUSE REPLACEMENT
8. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed and shall be interpreted under the Italian law and it is expressly excluded the application of the United Nations Convention on Contracts for the International Sale of Goods.
9. CHANGES TO THE TERMS AND CONDITIONS OF SALE
We reserve the right to modify the Website, policies, and these Terms and Conditions of Sale at any time to offer new products or services, or to conform to the changes of the laws or regulations. You will be subject to the terms and policies in force at the time when the order is placed, unless any change to those policies, and these terms are not required by applicable law or by the competent authorities (in which case, the changes will also apply to the orders you have previously made). If any provision of these Conditions is held invalid that condition shall not affect, however, the validity and enforceability of other provisions.
In case of failure on your part to comply with these Terms of Sale, the failure to exercise our right to act against you, does not constitute a waiver by us to act on the violation of the commitments assumed by you.