Terms of service
TERMS AND CONDITIONS
JAMIN SRL , with registered office in VIA CAIROLI 14, 16038 Santa Margherita Ligure (ge), VAT number 02367120991, __________, share capital 10000, e-mail address GE480831 , PEC address
JAMIN@PEC.IT , (hereinafter the"Owner") makes available to all Users the possibility to access and use the website www.glassnet24.com (hereinafter the"Application") of its exclusive ownership, which offers glass replacement for cars including spare parts (hereinafter"Products"or individually"Product").
Please read these terms and conditions (hereinafter the"Conditions") carefully before using the ApplicationBy using the Application, the User accepts the Conditions and undertakes to respect themOtherwise, the User cannot use the Application.
The Owner may modify or simply update the Conditions, in whole or in partChanges and updates will be binding as soon as they are published on the ApplicationThe User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultations.
It is understood that in no case can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
- Account cancellation and closure
The Owner, in case of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.
- Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who have the quality of consumers, and to users who do not have this quality.
Pursuant to art3, I comma, letta) of Legislative Decreelgs206/2005 ("Consumer Code") we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.
Individuals are allowed to purchase only on condition that they are at least eighteen years old.
The Owner undertakes to describe and present the Products sold on the Application in the best possible wayNevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emergeFurthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The Products, the prices and the conditions of sale of the Products, within the limits of their availability, do not constitute an offer to the public; therefore, they must always be considered indicative and subject to express confirmation via e-mail or by viewing the order confirmation page by the Owner, after checking the availability of the chosen Product.
The User expressly attributes to the Owner the right to accept, even partially, the order placed (for example in the event that there is not the availability of all the Products ordered)In this case, the contract will be considered completed in relation to the Products actually soldThe Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the sameIt is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products include VAT; any other tax and/or shipping costs charged to the User will be indicated before confirming the purchase.
Payment for the Products can be made using the methods indicated on the Application at the time of purchase.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holders, passwords, etc.).
Should such third party tools deny the authorization to pay, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.
- Conclusion of the contract
The Contract stipulated through the Application is considered concluded when the User receives, via e-mail and/or by viewing a page of the Application, the formal confirmation of the order through which the Owner accepts the order sent by the User and informs him of being able to proceed with the evasion of the same.
The Contract is concluded in the place where the registered office of the Owner is located.
The Owner reserves the right to refuse an order:
- when the Product is not available;
- when the Owner does not receive the authorization to charge the User for the cost of the Product;
- when at the time of purchase a clearly incorrect and recognizable price is indicatedIn this case, the User will be contacted by Customer Service to be informed and will receive a refund relating to the transaction made.
Until the User has received the confirmation referred to in the previous point, he has the right to proceed with the cancellation of the order by sending an e-mail to the Data Controller's address, as better specified in the clause relating to the"Right of Withdrawal".
The commercial invoice, if requested by the User, will be sent by the OwnerThe User who wishes to receive the invoice will be asked for the billing dataFor the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing to the Owner any more extensive indemnity in this regard.
- Delivery methods
The Data Controller will deliver to the User, at the address indicated by them, the Products selected and ordered, in the manner provided for in the previous articles, by means of trusted couriers and/or shippers.Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the product delivered to him with the order placed; only after this verification will it be necessary to proceed with the signing of the delivery documents, obviously except for the right of withdrawal provided for in the clause relating to the"Right of Withdrawal".
The Owner assumes no responsibility for the delay or failure to deliver the goods due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute the contract within the agreed time.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the aforementioned causes, having the User only entitled to a refund of any price paid.
- Right of withdrawal of material products
The User who plays the role of consumer who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days from the date delivery of the Product.
In order to withdraw from the contract, the User must contact the Data Controller at the e-mail address INFO@JAMINSRL.COM or by calling the Customer Service at 01851770131The User will be informed of the procedures concerning the return of the Product.
In case of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day on which the User communicated to the Owner that he wishes to withdraw from the Contract.
The Owner will reimburse the User in the same payment methods used by the User for the online purchase.
The User must return the Products using a carrier of his choice and at his own expense, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.
The User is responsible for the integrity of the Product as long as the same asset is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible conditions, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other componentsThe Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
The Owner will not consider requests for return in the event that the returned Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.
- Exclusion of the right of withdrawal
The right of withdrawal is excluded in relation to:supply of products made to measure or clearly personalized;
supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods or no longer sealed as originally by removing the guarantee seal;
Food products subject to degradation and alteration and to be kept at a controlled temperature (by way of example and not limited to Wine)
- Optional form to exercise the right of withdrawal
Optionally, the User can withdraw using the following form, which must be sent completed in its entirety to the e-mail address firstname.lastname@example.org, before the withdrawal period expires:
With this form I communicate the withdrawal from the sales contract relating to the following goods/services:
Name and surname:_______
E-mail associated with the account from which the order was placed:____________________
- Compliance guarantee
All Products that fall within the category of"consumer goods", as governed by art128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for by art128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for consumersTherefore, it applies only to users who have made a purchase on the Application for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Those who have purchased on the Application and who do not act as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seqcc).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity.After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore the conformity of the goods, without chargeTo this end, the User can normally choose between the repair of the Product or its replacementThis right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerousFurthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs:i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair have caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided for by the legal guarantee that accompanies the Products, he must contact the Owner at the e-mail address email@example.com or by calling Customer Service at 800463824The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
- Content sent by Users
The User can upload material, content or information (hereinafter the"Contents"or individually the"Content") to the Application, provided that the Content is not illicit (or obscene, intimidating, defamatory, pornographic, abusive, or any illegal title , or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties) or is not in any other way harmful to the Owner and/or third parties or deplorable and does not contain viruses, political propaganda, commercial solicitation , mass e-mails or any other form of spamming.
The Owner, although not able to ensure timely control over the Contents received, reserves the right to cancel, move, modify those which, in its discretion, appear to be illegal, abusive, defamatory, obscene or harmful to copyright. and trademarks or in any case unacceptable.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to steal his identity, or in any other way to declare the false about the origin of the Contents.
The User undertakes not to use violent terms or terms that discriminate on the basis of race, religion, gender, sexual inclinations, physical or mental disabilities and moreThe use of violent language will be grounds for immediate suspension and expulsion from the Application.
Without the express authorization, the User must refrain from disseminating or distributing by any means Content that contains offers of commercial content of any kind.
The User acknowledges and accepts that the Contents sent to interact with the Application (by way of example and not limited to, to send comments, express opinions, participate in surveys and initiatives, send images or video and audio files) can be modified, removed or published by the OwnerThe User grants the Owner an unlimited right of non-exclusive use on the Contents sent by the User, without limitations of geographical areas.The Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt ( including without limitation the right to adapt for transmission by any means of communication) in any form or by any means currently known or to be invented in the future, any Content (including images, messages, even audio and video), which should be sent by the User, also through
In relation to the Contents sent, the User therefore renounces all material and moral rights that he can claim as an author even with respect to the changes made by the Owner to such Contents and in the event that the changes are not appreciated or accepted by the author himself.
The Contents sent will not be returned and will remain the property of the Owner who therefore remains exempt from any responsibility towards Users for the loss, modification or destruction of the Contents transmitted.
The User also guarantees that the contents are sent to the Application through his/her account by adultsFor minors, the sending of Contents must be screened and authorized by the owners of parental authority.
- Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the Application and/or the materials and content available on the Application.The User may use the Application and the materials and contents contained therein only for personal and non-commercial useThese Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available there.Any other use or reproduction of the Application or of the materials or contents contained therein is strictly prohibited.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in the Application are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.
- Disclaimer of Warranty
The Application is provided"as is"and"as is available"and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period.Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
- Limitation of Liability
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which should arise in the face of damages caused to other Users or third parties, in relation to the Content uploaded, to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill, etc.);
- damages or losses deriving from interruptions or malfunctions of the Application due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as, by way of example and not exhaustive, breakdowns or interruptions to telephone or electrical lines, to the internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications ;
- incorrect or unsuitable use of the Application by Users or third parties;
- the issuance of incorrect tax documents due to errors relating to the data provided by the user, the latter being solely responsible for the correct insertion.
In no case may the owner's liability limit be greater than double the cost paid by the user for the service used.
- Link to third party sites
The Application may contain links to third party sitesThe Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the ApplicationIn these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
- Major force
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations hereunder, due to circumstances beyond the reasonable and foreseeable control of the Data Controller.The fulfillment of the obligations by the Owner pursuant to these Conditions will be considered suspended for the period in which the Force Majeure Events occur.The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of Force Majeure Events.
No waiver by either party of an article of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
- Invalidity of individual clauses
If any provision of these Conditions is illegal or invalid, it will not be considered as part of the General Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
The Owner reserves the right to modify these Conditions at any time by giving specific notice on the ApplicationThe User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions.
- Applicable law and competent court
These Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the user - consumer to refer to a judge other than that of the"consumer forum"pursuant to art66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles18, 19 and 20 of the civil procedure code.
- Online dispute resolution for consumers
The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool.This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online.Consequently, the European consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner.The platform is available at the following address: