TERMS AND CONDITIONS OF USE OF WWW.LIMBUS.ART – TERMS AND CONDITIONS OF SALE
Date of last update: [24/05/24]
These terms and conditions (“T&Cs”) govern the services made available through the e-commerce www.limbus.art.it (the “Platform”) owned by Limbus Artwear, società a responsabilità limitata semplificata, with registered office in Viale Città d’Europa 618 – 00144, Rome, Italy, VAT 16681381006 (“Limbus”).
The sale or promotion of other products or services on the Platform, even where offered by third parties, not governed through these T&Cs, may be governed and/or supplemented by specific terms and conditions that will be made available on the Platform.
ART. 1 – DEFINITIONS
1.1 For the purposes of these T&Cs, the following terms, unless otherwise provided, shall have the following meanings:
User Account: User’s profile on the platform accessible by creating an appropriate password;
Consumer Code: the Italian Legislative Decree No. 206 of September 6, 2005, as subsequently amended and supplemented;
Consumer: the natural person acting for purposes unrelated to any entrepreneurial, commercial or professional activity carried out under Article 3, co. 1, lett. a) of the Consumer Code;
Payment Method(s): payment instruments allowed and accepted on the Platform;
Platform: means the Platform, wholly owned by Limbus and accessible via the web, which enables the purchase of Products;
Products: [Nota: inserire una breve descrizione dei prodotti venduti] offered by Limbus on the Platform;
T&C: the set of provisions governing the use of the Platform, as set out in this document;
Users: individuals who browse the Platform, either freely or by registering.
ARTICLE 2 – PURPOSE AND SCOPE
2.1 The Platform is for the sole purpose of enabling the purchase, by Users, of Products sold by Limbus.
The purchase of Products on the Platform implies the conclusion of a distance sales contract between Limbus and the User.
2.2 Personal data provided during the use of the Platform or when purchasing Products will be processed in compliance with Regulation (EU) 2016/679 (“GDPR”), Legislative Decree No. 196/2003 (“Privacy Act”), as well as in accordance with the privacy policy, available by clicking here [Nota: inserire hypertext link]. Cookies and other tracking tools will be used on the Platform. Users are encouraged to review the cookie policy, available by clicking here [Nota: inserire hypertext link].
ART. 3 – REGISTRATION AND ACCESS TO THE PLATFORM
3.1 Browsing the Platform is free and does not require Registration.
Registration and use of the Platform are free of charge. In any case, the User is responsible for the costs of connection to the Internet, according to the rates applied by his/her operator.
3.2 The purchase of Products requires the acknowledgement and acceptance of these T&Cs.
Each User may also register to the Platform, and create a User Account. Through the User Account, the User will be able to, but not limited to: update and/or modify the data entered during his/her registration, change the password or other settings of the User Account, view the history of purchases made [Nota: confermare].
3.3 Registration and purchase of Products on the Platform is prohibited for persons under 18 years of age. By registering on the Platform, therefore, the User declares under his/her own responsibility that he/she is of the required age.
3.4 You may delete your User Account at any time using the methods made available on the Platform or by contacting Limbus at the contact details made available at the privacy policy [Nota: inserire hypertext link]. Upon receipt of your request, we will immediately disable and delete your User Account.
ARTICLE 4 – PURCHASE PROCEDURE AND CONCLUSION OF THE PURCHASE AND SALE CONTRACT
4.1 Once the Product has been selected, the User is encouraged to carefully check its characteristics.
In case of orders for more than one Product, the same shall be deemed to be purchased individually. If the User has specific needs, he/she is invited to contact us at the channels indicated in Article 11 below.
Before completing the purchase process, it is necessary to verify the correctness of the data entered. The User represents and warrants that the data provided during the purchase process or even thereafter, are true; otherwise: (i) Limbus shall not be held liable or be obliged to repeat any performance that may have been performed in the event of errors not attributable to Limbus; (ii) the User shall be liable for any damages, charges, penalties, costs or liabilities arising from the falsity, incompleteness or irregularity of the data provided.
4.2 The order sent through the Platform will be considered as a purchase proposal that will be considered accepted when the User receives the email with the order summary and the simultaneous receipt of payment. In the event that the payment is not successful, the contract will not be considered concluded and, in order to purchase the Product, it will be necessary to carry out the purchase procedure again.
ARTICLE 5 – INFORMATION AND AVAILABILITY OF PRODUCTS
5.1 Each Product is accompanied by the relevant and concise description [Nota: confermare]. Images and colors of the Products may differ from the actual ones due to the device used by the User; therefore, such images should be understood as indicative and with the tolerances of use.
5.2 The availability of Products on the Platform is continuously monitored; however, given that the Platform can be visited by several Users at the same time, the Product chosen may be no longer available after the order has been transmitted. In this case, the User will be promptly informed by e-mail and, if the purchase has already been successful, will receive a full refund of the price paid. It is understood that the refund will be made within 15 days through the same Payment Method used for the purchase. Any delays in crediting may depend on the Payment Method used.
ART. 6 – REVIEWS AND COMMENTS
[Note: cancellare questa sezione 6 se non è possibile lasciare recensioni o commenti]
6.1 The Platform allows Users to leave a comment or review of the Product purchased.
6.2 It is allowed to leave comments and reviews, as long as the content of what is posted is not illegal, obscene, abusive, defamatory, does not violate the rights of third parties, and does not contain computer viruses, electoral or political propaganda, commercial solicitation, or any other form of spamming.
6.3 Limbus reserves the right to verify posted comments or reviews and to remove them where in conflict with these T&Cs or, in any case, with applicable law.
6.4 If the User believes that a comment, review, sales listing, or information posted on the Platform violates his/her rights or the rights of third parties, the User is encouraged to contact Limbus at the following email address [●] [Nota: completare].
6.5 When the User posts a review or commentary on the Platform, the User grants (a) a non-exclusive, royalty-free license to use, reproduce, publish, make available, translate and modify the content in the countries where the Platform is available; and (b) the right to use the User name in connection with such content. This is without prejudice to the moral rights of copyright. You may always remove a review or comment from the Platform.
6.6 The User represents and warrants that he or she has, personally or otherwise, ownership or availability of the rights to what is posted on the Platform. He/she further declares that what is published is relevant, corresponds to the truth and does not conflict with these T&Cs. Except in cases where any liability is attributable to the User’s failure to remove unlawful content following receipt of the report of the alleged violation, Limbus shall be held harmless from any liability arising out of, or in any way connected with, what the User posts.
ART. 7 – PRICES AND PAYMENT METHODS
7.1 All prices shown on the Platform are in Euros and include VAT [Nota: confermare]. During the purchase process, the User may also purchase additional services (e.g. standard shipping, fast shipping, etc.), the costs of which will be shown before the order is sent and summarized in the order confirmation email [Nota: confermare].
7.2 The price of the Products may be changed by Limbus at any time and without prior notice, provided that the price charged shall be the price indicated on the Platform at the time the order is placed and summarized in the next payment receipt. No account will be taken of any changes in price that occur after the order has been submitted.
7.3 The Payment Methods that can be used on the Platform are those made available on the Platform from time to time and selectable by the User prior to placing an order.
7.4 To purchase a Product, it may be possible to use a promotional code to be entered in a dedicated section during the purchase process and before submitting the order form. In this case, the total price viewed will be decreased by an amount corresponding to the value of the promotional code [Nota: confermare o eliminare questo art. 7.4 se non è previsto l’uso di codici sconto].
ARTICLE 8 – DELIVERY OF PRODUCTS
8.1 Upon successful completion of the purchase process, the User will receive the Product at the delivery address indicated on the order form.
Delivery charges and any other additional costs are inclusive of VAT. Delivery to certain areas or countries or special arrangements of the same may require an additional cost that will be appropriately reported on the Platform before the order is placed and summarized in the confirmation e-mail [Nota: confermare].
8.2 The Product will be delivered within the time specified before the order is placed. The User is informed that the shipment is not handled directly by Limbus, but by an authorized courier.
Unless otherwise indicated, the delivery terms run from the order confirmation and the conclusion of the purchase. In case of omission of the delivery term, it shall in any case be understood to be set at 30 days from the date of sending the order.
8.3 Upon shipment, the User will receive an e-mail confirmation of delivery to the carrier, including the carrier reference or tracking number through which it will be possible to check the delivery status of the Product [Nota: confermare].
8.4 Any delays will be communicated by e-mail, in which the new delivery term will also be stated, which, in the event that the User is a Consumer, will not in any case exceed 30 days [Nota: il termine massimo di 30 giorni è previsto dall’art. 61del Codice del Consumo]. To this end, in accordance with the provisions of Article 61 of the Consumer Code, the User Consumer may request that delivery be made within an additional period and, in the event of further delay, terminate the contract. In case of termination, the User Consumer will be reimbursed for the costs incurred without delay and through the same Payment Method used for the purchase.
8.5 Upon receipt of the Product, the User must check its condition. In the event that the package and / or the Product show signs of tampering, alteration or anomalies, he/she must promptly notify Limbus, as well as make it known to the courier. Where the User is a Consumer, it remains in any case without prejudice to the application of the rules on withdrawal and legal guarantee of conformity governed by the Consumer Code (referred to in Articles 9 and 10 of these T&Cs below).
8.6 If delivery is not successful due to a fact attributable to the User (e.g., non-existent delivery address), the User may be charged for the costs incurred to bring the Product back to the warehouse of departure. In such case, the User will be appropriately informed of the costs that may be charged as a consequence of the non-delivery.
ART. 9 – WITHDRAWAL (USER CONSUMER)
9.1 Pursuant to the provisions of applicable law, the Consumer User has the right to withdraw from the purchase of the Product without penalty and without providing any reason within no more than 14 calendar days from the time the Product was delivered (“Withdrawal Period”).
9.2 To this end, the User will have to communicate his/her intention to withdraw from the purchase directly to Limbus by writing to [●] [Nota: completare] or by using the return form available in the User Account area [Nota: si prega di confermare. In alternativa, le modalità per esercitare il diritto di recess dovranno essere comunicate agli Utenti che manifestano la propria intenzione di recedere via e-mail].
Withdrawal will be considered properly exercised only if the intention to withdraw is communicated to Limbus before the expiration of the Withdrawal Period. Moreover, the withdrawal applies to the Product in its entirety and may not be exercised in part (e.g., with respect to any additional services).
9.3 If no impediment conditions are found, the User will receive an e-mail confirming that the withdrawal has taken place, which will also indicate the instructions for returning the Product. The purchased Product must be returned without undue delay and, in any event, within 14 days of receipt of the instructions for returning the Product. The Product must be returned:
– with the original packaging, complete with all accessories and instruction sheets, labels still attached (where present), as well as perfectly fit for its intended use. In the event of loss of the original packaging, the User may be charged for it;
– free of signs of use, wear, or soiling, except those that are compatible with carrying out an examination of the characteristics and testing of the Product (e.g., the Product shall bear no trace of prolonged use or otherwise exceeding the time necessary for a test and shall not be in such a state as to not permit resale).
Limbus reserves the right not to accept items shipped by couriers other than the one indicated in the e-mail with instructions for return requests: the return will not be accepted by Limbus and the item will be rejected to the sender if the delivery involves additional costs for Limbus. The cost of returning the Product may be placed on the User, and will be paid directly to the courier or through an equivalent decrease in reimbursement by Limbus [Nota: confermare].
9.4 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the Product itself other than that necessary to establish its nature, characteristics and qualities, the refund will be reduced by an amount equal to such decrease in value. Appropriate notice of this circumstance, and of the resulting diminished amount of the refund, will be given to the User prior to the refund.
9.5 The refund will be made within 14 days commencing from the time when the communication referred to in Article 9.2 above was received through the same Payment Method used to make the purchase [Nota: i tempi e le modalità del rimborso sono espressamente stabiliti dall’articolo 56, comma 1, del Codice del Consumo]. In any case, the User shall not incur any cost as a consequence of the refund.
9.6 In the event that the right of withdrawal has not been properly exercised, the reasons preventing the exercise of the right of withdrawal will be communicated by e-mail, which will be considered rejected. In this case, the User will not be entitled to receive any refund.
9.7 The right of withdrawal is also excluded in accordance with Article 59 of the Consumer Code with respect to the supply of goods made to measure or clearly customized at the express request of the User when ordering.
ARTICLE 10 – LEGAL GUARANTEE OF CONFORMITY (CONSUMER USER)
10.1 All Products are covered by the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code. In particular, Limbus guarantees the proper functioning of the Products and the correctness of the information provided with respect to the Products. To this end, by virtue of the applicable law, the User has the right to the restoration, without charge, of the conformity of the Products or, if the latter is not possible, to a reduction of the purchase price or termination of the contract, except in cases of minor defects.
10.2 On a residual basis, in the event that repair or replacement is impossible or excessively onerous, the User shall have the right to obtain from Limbus a price reduction commensurate with the defect found, or to terminate the concluded contract where the following hypotheses are met: (i) Limbus has not repaired or, where possible, replaced the Product; (ii) the services provided by Limbus are not suitable to restore Product conformity; (iii) Limbus makes itself unavailable to restore Product conformity. It will not be possible to terminate the concluded contract in case of minor or very minor defects.
10.3 If the User is not a Consumer, the User is invited to refer to the legal warranty provisions of law.
ART. 11 – COMPLAINTS, ASSISTANCE AND COMMUNICATIONS
11.1 The User has the right to file a complaint regarding issues related to the purchase of the Product or with respect to the use of the Platform against Limbus by contacting Limbus at the following e-mail address: [●] [Nota: completare]
11.2 In case of complaints, Limbus will take up and acknowledge the complaint no later than 14 days from the date of receipt of the complaint.
11.3 Limbus may contact the User through the contact details provided during registration, login, during the purchase process or even afterwards.
ARTICLE 12 – USER’S RESPONSIBILITIES
12.1 All manifestations of will, acts and facts productive of legal and economic effects made by Users on the Platform will be attributed to them in an indisputable manner. Each User is responsible for the confidentiality of their authentication credentials, codes and/or further data entered on the Platform and undertakes to use them personally and exclusively on their own devices.
12.2 The User shall immediately notify Limbus of any unauthorized use of its authentication credentials, codes and/or additional data entered on the Platform and any other facts that breach its security.
12.3 Limbus shall not be liable for any damages caused by the use of said authentication credentials, codes and/or further data by another person, with or without the User’s authorization, and regardless of whether the User has knowledge thereof.
12.4 In the case of alleged violations of the T&Cs, Limbus reserves the right not to activate or suspend the purchase process and the User Account at any time, as well as to terminate the User’s access to the services made available on the Platform until it is established that the User’s behavior is lawful.
ARTICLE 13 – RESPONSIBILITY OF LIMBUS
13.1 Limbus undertakes to provide its services, to keep the Platform active and to provide the necessary technical assistance for the resolution of problems related to the use and operation of the Platform itself, where attributable to Limbus. Any communication aimed at obtaining technical assistance about the use of the Platform should be addressed to the contacts indicated in Article 11 above.
13.2 Without prejudice to the provisions of the preceding articles, Limbus shall not be held liable for problems in accessing and using the Platform due to causes that are not directly attributable to and/or related to its activity. By way of example and not limitation, Limbus shall therefore not be liable for any:
– inaccurate or non-compliant uses of the Platform or the services made available to Users;
– problems with connectivity and continuity of the Internet connection available to Users;
– problems dependent on the devices used by Users, their characteristics and/or due to any failures of the same;
– routine and/or extraordinary maintenance activities, which will still be scheduled in order to minimize inconvenience to Users.
13.3 In no event shall Limbus be liable for any failure to perform its obligations due to unforeseeable circumstances or force majeure (such as, but not limited to, actions of Public Authorities, floods, fires, accidents, telecommunication suspensions or problems), or to events beyond its control or otherwise beyond its control.
13.4 Limbus shall also not be held responsible for the actions, services and functionalities made available to Users through other sites, applications and/or platforms connected to the Platform through links or other modes of connection (e.g. social plug in). It shall also not be held responsible for problems in accessing or using such services.
ARTICLE 14 – INTELLECTUAL PROPERTY
14.1 Intellectual property rights relating to the Platform and its content, including but not limited to the trademark, domain name, graphics, layout, designs, the so-called look and feel, to the software and databases that enable its operation, are owned exclusively or licensed to Limbus and are protected by intellectual property laws.
14.2 Users agree not to engage in any infringement or disruption of the aforementioned rights and not to use the Platform or the content therein in such a way as to violate or infringe upon the intellectual property rights of Limbus and/or third parties (including the artists).
14.3 Users shall not, without limitation, modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, adapt, sell, network share, disseminate, the Platform and its contents to third parties or facilitate any of the above conduct. In the event that they engage in the aforementioned actions, Users will be held liable for infringement of Limbus’s and/or third parties’ intellectual property rights in accordance with applicable law.
ARTICLE 15 – DISPUTES
15.1 For any judicial dispute that may arise regarding the validity or interpretation of the T&Cs or with respect to the activities carried out by Limbus on the Platform, the court of the place where the User has his/her residence or domicile shall have jurisdiction, provided that he/she qualifies as a Consumer.
Otherwise, the court of Rome will have exclusive jurisdiction.
ARTICLE 16 – AMENDMENTS AND UPDATES
16.1 Limbus reserves the right to update and/or modify the Platform and these T&Cs at any time to offer new products and/or services, or to comply with legal or regulatory requirements. It is understood, however, that towards the User the T&Cs in effect at the time you submitted an order through the Platform will find application.
16.2 Changes may be communicated to the e-mail address provided during the creation of the User Account, or through such means as Limbus deems appropriate. Within the next 30-day period, the User may reject the new version of the T&Cs and unsubscribe from the Platform; however, should the User make a new purchase or fail to communicate his or her desire to unsubscribe from the Platform during that period, he or she will automatically accept the new version of the T&Cs.
ART. 17 – FINAL PROVISIONS
17.1 These T&Cs are governed by Italian law. In the event that these T&C are made available in languages other than Italian, the Italian law will still apply and shall be interpreted using the Italian version. The contract of sale concluded between Limbus and the User is governed by Italian law, unless otherwise indicated by Limbus.
17.2 Should any provision of these T&Cs be declared invalid, void, or for any reason unenforceable, this will not affect the validity and effectiveness of the other provisions.
17.3 These T&Cs will be available for download by the User at any time in the manner made available on the Platform from time to time.
