General Terms and Conditions of Avvino S.r.l.

a) INTRODUCTION AND EFFECTIVENESS OF THE GENERAL CONDITIONS

These general conditions of sale (hereinafter, “General Conditions“) have as their object the regulation of the use of the website www.avvino.it (hereinafter, the “Site“) as well as the purchase of products and services, carried out remotely and always made available from the Site, via the internet, in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter “Consumer Code”) and Legislative Decree 9 April 2003, n. . 70, containing the regulation of electronic commerce.

The seller of the products and owner of the Site is: Avvino S.r.l. with registered office in Milan (MI), Via Morozzo della Rocca n. 8, 20123, Italy, fully paid-up share capital Euro 45,000.00, tax code and VAT number 11584610965, R.E.A. of Milan n. MI – 2612754, PEC:avvinosrl@legalmail.it (hereinafter, for brevity, the “Seller”).

The consumer who accesses the Site to create a personal profile and to make purchases is required, before sending the registration application and/or order, to carefully read these General Conditions which have been made available to him/her on the Site and which will be consultable by the same at any time in order to allow their reproduction and/or storage.

B) DEFINITIONS

In these General Conditions of Sale the following terms have the meaning specified below:

a) “online sales contract” means the distance sales contract stipulated between the Seller and the final consumer through a sales system, organized by the Seller, which uses the remote communication technology called internet;

b) the expression “User” refers to the person who uses the Site, be it the purchaser of products as defined below or the person who has not created his/her own user profile;

c) the expression “Seller” refers to the company Avvino S.r.l. with headquarters in Milan, Via Morozzo della Rocca n. 8 as identified above, part of this contract, which manages the Site and sells to the User the products indicated in the following letter. d);

d) the expression “Products” refers exclusively to the goods and/or e-learning services present in the electronic catalogs of the Site;

e) the expression “Course” refers to the e-learning services present in the electronic catalogs of the Site concerning online training courses held remotely by the Seller, including not only the digital contents produced by the Seller, but also everything the teaching material necessary for the use of the Course and better specified in the specific section of the Site called «COURSE»;

f) the expression “Box” refers exclusively to the personalized AVVINO container containing all the educational material necessary for a better and complete sensory use of the Course and which will be sent by the Seller to the Buyer or to the name indicated by the latter at the time of purchase;

g) the expression “Video” refers to the digital audio-video contents produced by the Seller and directly accessible online by the Buyer via the Site and the Seller’s platform;

h) the expression “Buyer” refers to the final consumer who, after registration, is authorized to operate on the Site in order to purchase goods and/or e-learning services according to the methods indicated in these General Conditions;

i) “Consumer” means the natural person who purchases goods and services for purposes not referable, either directly or indirectly, to the entrepreneurial and/or professional activity carried out by him/her;

j) “Customer” means both the Buyer and the third party to whom the Buyer gave and/or sent the shipment of the Box at the time of the purchase order;

k) the expression “Parties” refers to the Seller and the Buyer jointly understood;

l) the expression “Site” refers to the website corresponding to the address www.avvino.it through which it is possible to make online purchases of goods and/or e-learning services;

m) the term “Consideration” refers to the sales price of each Product.

I.- CONDITIONS OF USE OF THE SITE

1. PREMISES AND DEFINITIONS

The premises referred to in letter A) and the definitions referred to in letter B) must be interpreted as an integral and substantial part of these General Conditions and therefore have a binding nature towards the Parties.

2. OBJECT

These terms constitute a legal agreement between the User and the Seller and govern the use of the Site by the User and, in any case, the use of the services provided by the Seller.

3. REGISTRATION

In order to use the Site or part of it, the User must first register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these General Conditions.

In any case, the User has the responsibility of safeguarding and keeping their access credentials confidential.

It is understood that under no circumstances can the Seller be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason, of the User’s access credentials.

4. CANCELLATION OF ACCOUNTS AND CLOSURE OF ACCOUNTS

The registered User can at any time deactivate their account, request its cancellation or stop using the Site through the Site interface or by contacting the Seller directly.

The Seller, in case of violation of these terms, reserves the right to immediately suspend or close the User’s account at any time and without notice if it believes that:

the User has violated these General Conditions;

access or use of the Site could cause damage to the Seller, other Users or third parties;

the use of the Site by the User may give rise to a violation of applicable laws or regulations;

in the case of investigations conducted following legal actions or involving public authorities;

the account is deemed by the Seller, at its sole discretion and for any reason, to be inappropriate, offensive or in violation of the General Conditions.

5. CONTENT AVAILABLE ON THE SITE – INTELLECTUAL PROPERTY

5.1 The contents available on the Site are protected by copyright law and other laws and international treaties protecting intellectual property rights and, unless otherwise specified, their use is permitted to the User exclusively within the limits specified in this article.

5.2 The Seller grants the User a personal, non-transferable and non-exclusive license, only for personal and educational and never commercial purposes and in any case limited to the device used by the User for the use of digital contents as better specified below .

Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works. in any way from the contents, including those of third parties, available on the Site, nor allow third parties to do so through the User or his device, even without his knowledge.

5.3 Where expressly indicated, the User, for mere personal use, may be authorized to download and/or copy and/or share some contents made available on the Site, provided that he/she faithfully reports all copyright indications and other indications provided by the Seller.

6. USE NOT PERMITTED

The Site must be used by the User only as established below. In particular, the User cannot:

reverse engineer, decompile, disassemble, modify or create derivative works based on the Site or any portion thereof;

circumvent the computer systems used by the Site or its licensors to protect the content accessible through it;

copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by Seller;

use any robot, spider, site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of the Site or its contents;

defame, abuse, harass, threaten, threaten or otherwise violate the rights of others;

disseminate and/or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

illicitly take possession of the account used by another User;

register and/or use the Site in order to approach Users to promote, sell or advertise products or services of any kind through the Site in any way.

II.- GENERAL LICENSE CONDITIONS OF THE ONLINE COURSES OFFERED BY AVVINO S.R.L.

1. PREMISES AND DEFINITIONS

The premises referred to in letter. A) and the definitions referred to in letter. B) must be interpreted as an integral and substantial part of these General Conditions and therefore have a binding nature towards the Parties.

2. OBJECT OF THE CONTRACT

2.1 These General Conditions, which are made available to the Customer for reproduction and conservation pursuant to art. 12, Legislative Decree 9 April 2003, n. 7, have as their object the purchase of the Course carried out remotely and via the electronic network, via the website owned by the Seller as well as the terms of the license to use the Videos produced by the Seller and included in the Course.

2.2 The Seller grants the Buyer, for consideration, a license to use the Course for the duration of no. 12 months, renewable even tacitly unless revoked by the Seller, non-exclusive, granting him the right to use the Videos which will in any case remain the exclusive property of the Seller. The Purchaser is granted the sole license to use the Course for non-commercial purposes.

2.3 The Videos referred to in the previous paragraph are present on the Site and are also made available to the Customer who will be indicated by the Buyer at the time of purchasing the Course by creating a personal profile on the Site according to the procedures indicated therein and, subsequently, by accessing your private personal page where the alphanumeric code reported on the AVVINO presentation sheet contained within the Box received from the Buyer and/or the Customer indicated by the latter must be entered.

3. ACCEPTANCE OF THE GENERAL CONDITIONS

3.1 These General Conditions are valid from the day of conclusion of this online sales contract and may be updated and/integrated and/or modified at any time by the Seller, who will communicate this to the Users via the pages of the Site.

3.2 All purchase orders will be forwarded by the Buyer to the Seller, after registering on the Site and entering a customer identification code (User ID) and the relevant Password which will allow the Buyer access to a reserved area via protocol secure (https) where you can complete the purchase procedure indicated below.

3.3 These General Conditions must be carefully read “online” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation therefore implies full knowledge of the same and their full acceptance.

3.4 The Buyer, by sending the confirmation of his/her purchase order electronically, unconditionally accepts and undertakes to observe, in his relations with the Seller, the General Conditions and the payment methods illustrated below, declaring that he/she has read and accepted all the information provided by the same pursuant to the above-mentioned regulations, also acknowledging that the Seller will not be bound to different conditions unless previously agreed between the Parties in writing.

3.5 Acceptance of the General Conditions must be expressed by correctly filling in all the sections of the electronic form, following the on-screen instructions and, finally, by selecting and, therefore, accepting the boxes with the words “terms and conditions” and ” privacy policy”.

4. INTELLECTUAL PROPERTY

4.1 The Customer accepts and acknowledges that the pages of the Site, the Course, the Box and the Videos subject to the license for use contain material covered by proprietary rights whose ownership belongs to the Seller and is protected by regulations on intellectual property and other provisions applicable, including Italian Law no. 633 of 1941 on the protection of copyright.

4.2 The Seller holds ownership of all rights of economic use, throughout the world, of the Course and of all the original Videos and of all copies and of all its parts including, by way of example and not limited to, the logos , images, graphics, infographics, texts, scripts, regardless of the medium used or the form. The user license does not imply the definitive transfer of the economic exploitation rights on the original Videos, nor on any subsequent copy.

4.3 The user license does not grant any ownership rights over the Course and/or the Videos which therefore cannot be used in any way by the Customer for purposes other than those provided for in these General Conditions.

4.4 In any case, the Customer is expressly prohibited from copying, distributing, publishing or otherwise using or exploiting the Videos without the prior written consent of the Seller.

4.5 The Customer is responsible for the conservation and secrecy of the credentials assigned to him and holds a personal, non-transferable right to access the reserved area on the Site and also undertakes not to use and/or view the Videos in any way to third parties (also by providing their credentials) as well as to refrain from carrying out any act that could damage, in any way and for any reason, the exclusive and proprietary rights of the Seller.

5. PURCHASE METHODS AND SALE PRICES

5.1 The Products, prices and conditions of sale on the Site – always within the limits of their current availability – are expressed in euros and constitute a public offer for the Consumer.

5.2 The sales prices, referred to in the previous paragraph, include VAT and all other taxes, as well as the cost of shipping to the domicile indicated by the Buyer at the time of the order, provided that the place of destination is located in the Italian territory. If instead, the place of destination is located outside the Italian territory and in anyway within the EU territory, the shipping cost will in any case be made known to the Buyer before confirming the purchase.

5.3 Receipt of the order immediately commits the Seller to carry out the online sale of goods and services according to the conditions of sale indicated below. Please note that upon receipt of the order by the Buyer, the system will automatically send a summary email confirming the order received.

5.4 The Buyer however recognizes the Seller’s right to process the order received even if only partially. In any case, if the ordered Product is temporarily unavailable, the Buyer will be promptly informed by email or telephone. The Seller may alternatively propose to the Buyer the replacement of the product that is temporarily unavailable with similar Products and/or of the same value. The Buyer may accept or refuse the replacement and, in case of refusal, the online sales contract will be considered concluded only for the Products available and purchased by the Buyer.

6. GUARANTEES AND RESPONSIBILITIES

6.1 The Buyer acknowledges that no responsibility can be attributed to the Seller due to incorrect use of the Site by the Customer.

6.2 The Customer also acknowledges that the Seller has no responsibility for any failure to satisfy the system requirements of the Customer’s PC necessary for the use of the Videos.

6.3 Excluding cases of willful misconduct or gross negligence, the Seller cannot be held responsible for any disservices and/or damages caused to the Customer by the use of the Videos. The Customer, therefore, assumes full responsibility for the use of the Course, the Box and the Videos subject to the license for use.

6.4 Excluding cases of willful misconduct or gross negligence, the Seller cannot be held responsible for acts, omissions or behavior of third parties connected to the illegitimate use of the Course, the Box and the Videos covered by the license for use.

6.5 The Seller excludes any guarantee not expressly contemplated in these General Conditions.

7. DELIVERY METHODS

7.1 The Seller undertakes to ensure that the delivery of the Products takes place within 2 (two) working days throughout the entire territory of the Italian peninsula and within 3 (three) working days throughout the entire territory of the Italian islands from the date of the order, except for delays or inconveniences.

7.2 The Seller undertakes to ensure that the delivery of the Products takes place within 7 (seven) working days throughout the entire territory of the EU from the date of the order, except for delays or inconveniences.

7.3 The delivery of the Products will in any case take place during normal working hours, to the address indicated by the Buyer and according to the methods specified in the summary of the purchase order. If the Buyer is possibly absent, a notice will be left by the courier or shipper with the information necessary to agree on new methods of delivery of the Products.

7.4 In the event that the Seller is unable to deliver within the deadline indicated in the previous paragraph 7.1 and 7.2, prompt notice will be given via email to the Buyer, without prejudice to the fact that the Seller will still have the right to make use of the longer deadline of 30 days referred to in the art. 61 of the Consumer Code.

7.5 The Seller cannot be held responsible for errors and/or delays in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Buyer as well as for reasons of force majeure or unforeseeable circumstances.

7.6 The shipping costs for orders carried outside the Italian territory and in anyway within the EU territory: 49,00€ (VAT included)

8. PAYMENT METHODS

8.1 Payments for the Products by the Buyer may be made using one of the methods indicated by the Seller on the specific page of the Site. Any refund will be credited back to the Buyer using one of the methods proposed by the Seller and/or chosen by the Buyer himself, in a timely manner and in case of exercise of the right of withdrawal, as regulated by the art. 11 of this contract, at most within 30 days from the date on which the Seller became aware of the withdrawal.

8.2 The personal data relating to payment are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store the Buyer’s personal data relating to the payment of the Products.

9. BUYER’S OBLIGATIONS

9.1 The Buyer undertakes and undertakes, once the purchase procedure has been concluded, to print and keep these General Conditions, which, moreover, he will have already viewed and accepted as an obligatory step for the purchase, as well as of the specifications of the Product being purchased, and this in order to fully satisfy the condition set out in the Consumer Code.

9.2 The Buyer expressly declares to be of age at the time of purchase.

9.3 The Buyer also declares to have read the technical-functional characteristics of the Products being sold.

9.4 The Buyer is strictly prohibited from entering false, and/or invented, and/or imaginary data in the registration procedure through the appropriate electronic form; the personal data and the e-mail must be exclusively your real personal data and not those of third parties, or fictitious. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the purchase procedure of the Products.

9.5 It is expressly forbidden to make double registrations corresponding to a single person and/or enter data of third parties. The Seller reserves the right to legally prosecute any violation and/or abuse, in the interest and for the protection of all consumers.

9.6 The Buyer indemnifies the Seller from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for their correct insertion.

10. LEGAL GUARANTEE OF CONFORMITY

10.1 All Products sold on the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (hereinafter, for brevity, the “Legal Guarantee”). The Legal Guarantee is reserved for Consumers. It, therefore, applies only to Buyers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who do not have the status of Consumers are given the guarantee for defects in the item sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

10.2 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased Product, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller within the meaning of the art. 130, paragraph 4 of the Consumer Code.

11. RIGHT OF WITHDRAWAL

11.1 The Buyer has the right to withdraw from this contract, without any penalty and without specifying the reason, within 10 working days from the date of its signature and to be communicated to the Seller, by email to the address help@avvino.it or by registered letter with return receipt addressed to the registered office of the Seller, with the exact indication of the purchase order number.

11.2 For the purposes of valid exercise of the right of withdrawal, the Buyer is required to return the Products received at his own expense and expense no later than 14 days from the date of receipt. The Products received must be returned intact and in any case in a normal state of conservation.

11.3 The Seller will refund the entire amount paid by the Buyer free of charge within 30 days of receiving the notice of withdrawal.

12. LIMITATIONS ON THE RIGHT OF WITHDRAWAL

12.1 Products returned that are damaged or used in a manner different and beyond what is strictly necessary to establish their nature, characteristics and functioning will be refunded after deducting the decrease in value resulting from the damage or use. Refunds are excluded when the decrease in value is total. The Buyer is asked to include a copy of the delivery document received inside the package.

12.2 The right of withdrawal is in any case excluded in relation to:

goods made to measure or clearly personalized;

the supply of goods which are likely to deteriorate or expire rapidly;

the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;

the supply of sealed audio or video recordings or sealed computer software that has been opened after delivery;

the supply of digital content using a non-material medium if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would lose the right of withdrawal.

12.3 In the event that one of the above-mentioned exceptions is applicable to the Products purchased by the Buyer and/or used by the Customer, the right of withdrawal cannot be exercised.

13. APPLICABILITY OF THE WITHDRAWAL CLAUSES

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the Buyer who qualifies as a Consumer, i.e. to the Customer who acts for purposes unrelated to his business and professional activity.

14. PROHIBITION OF ASSIGNMENT

The contract is not transferable to third parties, under penalty of immediate termination.

15. EXPRESS TERMINATION CLAUSE

15.1 The Parties agree that the online sales contract will be automatically terminated following the occurrence of one of the breaches listed below:

– violation of the obligations referred to in the art. 2 (Object of the contract)

– violation of the obligations referred to in the art. 3 (Acceptance of the General Conditions)

– violation of the obligations referred to in the art. 4 (Intellectual Property);

– violation of the obligations referred to in the art. 5 (Purchasing methods and sales prices);

– violation of the obligations referred to in the art. 6 (Guarantees and Responsibilities):

– violation of the obligations referred to in the art. 9 (Buyer’s Obligations)

– violation of the obligations referred to in the art. 14 (Prohibition of Transfer).

15.2 Pursuant to art. 1456 of the Civil Code, the party who intends to avail of the resolution will notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the resolution start from the date of receipt of the termination notice resulting from the receipt returned to the terminating Party and the Buyer will have the exclusive right to the refund of any sum already paid.

16. CUSTOMER SERVICE AND COMPLAINTS

16.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:

Email: help@avvino.it

By contacting by telephone at +39 3755554855

16.2 The Company will respond promptly to complaints submitted, in any case within five working days of receiving them.

17. PROCESSING OF PERSONAL DATA

17.1 The Buyer expressly declares that he has read and gives his consent to the processing of his data pursuant to Legislative Decree no. 196/2003 (Privacy Code), of the European Regulation n. 679/2016 (GDPR) and the related implementing ministerial decrees.

17.2 The rights deriving from the privacy legislation and the information obligations arising from it on the Seller are examined “online”, before completing the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge and acceptance of the same.

18. APPLICABLE LAW AND JURISDICTION

These General Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, jurisdiction of the Italian State and the exclusive jurisdiction of the Court of the place where the Company has its registered office.

The exclusive jurisdiction of the Consumer is an exception, if the law provides for it.

19. FINAL PROVISIONS

This contract extinguishes and replaces any previous agreement between the Parties having a similar object. Any changes to this contract are effective only if they are confirmed in writing.

For anything not governed by this contract, please refer to the provisions of the law.

***

III.- GENERAL CONDITIONS OF SALE OF AVVINO S.R.L.

1. PREMISES AND DEFINITIONS

The premises referred to in letter. A) and the definitions referred to in letter. B) must be interpreted as an integral and substantial part of these General Conditions and have a binding nature towards the Parties.

2. OBJECT OF THE CONTRACT

2.1 These General Conditions, which are made available to the Buyer for reproduction and conservation pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of Products, carried out remotely and online via a computer network, via the website owned by the Seller.

2.2 This contract has as its object the remote and online sale and purchase of goods and/or services chosen by the Buyer and placed in the “virtual cart”, following the online purchasing procedures indicated on the Site.

2.3 The Seller undertakes to supply all the Products referred to in the previous paragraph upon payment for consideration referred to in the art. 4 of this contract.

3. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

3.1 These General Conditions are valid from the day of conclusion of this online sales contract and may be updated and/integrated and/or modified at any time by the Seller, who will communicate this to the Users via the pages of the Site.

3.2 All purchase orders will be forwarded by the Buyer to the Seller, after registering on the Site and entering a customer identification code (User ID) and the relevant Password which will allow the Buyer to access a reserved area via protocol secure (https) where you can complete the purchase procedure indicated below.

3.3 These General Conditions must be carefully read “online” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation therefore implies full knowledge of the same and their full acceptance.

3.4 The Buyer, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in his relations with the Seller, the General Conditions and the payment methods illustrated below, declaring that he has read and accepted all the information provided by the same pursuant to the above-mentioned regulations, also acknowledging that the Seller will not be bound to different conditions unless previously agreed between the Parties in writing.

3.5 Acceptance of the General Conditions must be expressed by correctly filling in all the sections of the electronic form, following the instructions on the screen and, finally, by selecting and, therefore, accepting the boxes with the words “terms and conditions” and ” privacy policy”.

4. PURCHASE METHODS AND SALE PRICES

4.1 The Products, prices and conditions of sale on the Site – always within the limits of their current availability – are expressed in euros and constitute a public offer for the Consumer.

4.2 The sales prices, referred to in the previous paragraph, include VAT and all other taxes, as well as the cost of shipping to the domicile indicated by the Buyer at the time of the order, provided that the place of destination is located in the Italian territory. If instead, the place of destination is located outside the Italian territory and in anyway within the EU territory, the shipping cost will in any case be made known to the Buyer before confirming the purchase.

4.3 Receipt of the order immediately commits the Seller to carry out the online sale of goods and services according to the conditions of sale indicated below. Please note that upon receipt of the order by the Buyer, the system will automatically send a summary email confirming the order received.

4.4 The Buyer however recognizes the Seller’s right to process the order received even partially. In any case, if the ordered Product is temporarily unavailable, the Buyer will be promptly informed by email or telephone. The Seller may alternatively propose to the Buyer the replacement of the product that is temporarily unavailable with similar Products and/or of the same value. The Buyer may accept or refuse the replacement and, in case of refusal, the online sales contract will be considered concluded only for the Products available and purchased by the Buyer.

5. CONCLUSION OF THE CONTRACT

5.1 The sales contract is concluded exclusively via the internet through the exact compilation by the Customer of the request form and the consent to the purchase expressed through the subscription sent online or by completing the form attached to the electronic catalog on the Site and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the Customer and the order, the price of the good(s) purchased, the shipping costs and any additional additional charges, payment methods and terms, the address where the goods will be delivered, delivery times.

5.2 Once the order has been received from the Customer, after checking the availability of the selected products and accepting the order itself, the Company will send a confirmation email or display a printable web page confirming and summarizing the order. in which receipt and acceptance of the order is confirmed.

5.3 The contract is effective from the moment of completion as described in the previous paragraph, ends in the place where the Seller’s registered office is located and ends with the delivery of the goods sold and the completion of any additional services selected.

6. DELIVERY METHODS

6.1 The Seller undertakes to ensure that the delivery of the goods takes place within 3 = (three) working days throughout the entire territory of the Italian peninsula and within 4 = (four) working days throughout the entire territory of the Italian islands from the date of order, except for delays or misunderstandings.

6.2 Delivery will also take place during normal working hours to the address indicated by the Buyer and according to the methods specified in the order summary. If the Buyer is absent, a notice will be left with the necessary information to contact the courier or shipper in order to agree on the delivery methods.

6.3 In the event that the Seller is not able to deliver within said deadline, prompt notice will be given via email to the Buyer, without prejudice to the fact that the Seller will still have the right to make use of the longer deadline of 30 days referred to in the art. . 61 of the Consumer Code.

6.4 The Seller cannot be held responsible for errors and/or delays in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Buyer as well as for reasons of force majeure or unforeseeable circumstances.

6.5 The shipping costs are those indicated in the following table:

  • Italy: 10,50€ (VAT included) for purchasing up to 89,00€; for orders above 89,00€ the shipment is free of charge
  • EU: 49,00€ (VAT included)

7. PAYMENT METHODS

7.1 Payments for the Products by the Buyer may be made using one of the methods indicated by the Seller on the specific page of the Site. Any refund will be credited back to the Buyer using one of the methods proposed by the Seller and/or chosen by the Buyer himself, in a timely manner and in case of exercise of the right of withdrawal, as regulated by the art. 11 of this contract, at most within 30 days from the date on which the Seller became aware of the withdrawal.

7.2 The personal data relating to payment are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store the Buyer’s personal data relating to the payment of the Products.

8. BUYER’S OBLIGATIONS

8.1 The Buyer undertakes and undertakes, once the purchase procedure has been concluded, to print and keep these General Conditions, which, moreover, he will have already viewed and accepted as an obligatory step for the purchase, as well as of the specifications of the Product being purchased, and this in order to fully satisfy the condition set out in the Consumer Code.

8.2 The Buyer expressly declares to be of age at the time of purchase.

8.3 The Buyer also declares to have read the technical-functional characteristics of the Products being sold.

8.4 The Buyer is strictly prohibited from entering false, and/or invented, and/or imaginary data in the registration procedure through the appropriate electronic form; the personal data and the e-mail must be exclusively your real personal data and not those of third parties, or fictitious. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the purchase procedure of the Products.

8.5 It is expressly forbidden to make double registrations corresponding to a single person and/or enter data of third parties. The Seller reserves the right to legally prosecute any violation and/or abuse, in the interest and for the protection of all consumers.

8.6 The Buyer indemnifies the Seller from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for their correct insertion.

9. INTELLECTUAL PROPERTY

9.1 All trademarks present on the Site, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear relating to the Seller are and remain the exclusive property of the Owner and are protected by current trademark laws and related international treaties.

9.2 All trademarks and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos relating to third parties and the contents published by such third parties on the Site are and remain the exclusive property or available to said third parties and their licensors and are protected by current trademark laws and related international treaties. The Seller does not own the ownership of such intellectual property rights and can only use them within the limits established by law.

10. LEGAL GUARANTEE OF CONFORMITY

10.1 All Products sold on the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (hereinafter, for brevity, the “Legal Guarantee”). The Legal Guarantee is reserved for Consumers. It, therefore, applies only to Buyers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who do not have the status of Consumers are given the guarantee for defects in the item sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

10.2 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased Product, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller within the meaning of the art. 130, paragraph 4 of the Consumer Code.

11. RIGHT OF WITHDRAWAL

11.1 The Buyer has the right to withdraw from this contract, without any penalty and without specifying the reason, within 10 working days from the date of its signature and to be communicated to the Seller, by email to the address help@avvino.it or by registered letter with return receipt addressed to the registered office of the Seller, with the exact indication of the purchase order number.

11.2 For the purposes of valid exercise of the right of withdrawal, the Buyer is required to return the Products received at his own expense and expense no later than 14 days from the date of receipt. The Products received must be returned intact and in any case in a normal state of conservation.

11.3 The Seller will refund the entire amount paid by the Buyer free of charge within 30 days of receiving the notice of withdrawal.

12. LIMITATIONS ON THE RIGHT OF WITHDRAWAL

12.1 Products returned that are damaged or used in a manner different and beyond what is strictly necessary to establish their nature, characteristics and functioning will be refunded after deducting the decrease in value resulting from the damage or use. Refunds are excluded when the decrease in value is total. The Buyer is asked to include a copy of the delivery document received inside the package.

12.2 The right of withdrawal is in any case excluded in relation to:

goods made to measure or clearly personalized;

the supply of goods which are likely to deteriorate or expire rapidly;

the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;

12.3 In the event that one of the above-mentioned exceptions is applicable to the Products purchased by the Buyer and/or used by the Customer, the right of withdrawal cannot be exercised.

13. Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the Buyer who qualifies as a Consumer, i.e. to the Customer who acts for purposes unrelated to his business and professional activity.

14. Prohibition of assignment

The contract is not transferable to third parties, under penalty of immediate termination.

15. EXPRESS TERMINATION CLAUSE

15.1 The Parties agree that the online sales contract will be automatically terminated following the occurrence of one of the breaches listed below:

– violation of the obligations referred to in the art. 2 (Subject of the contract);

– violation of the obligations referred to in the art. 5 (Purchasing methods and sales prices);

– violation of the obligations referred to in the art. 9 (Responsibility):

– violation of the obligations referred to in the art. 10 (Buyer’s Obligations)

– violation of the obligations referred to in the art. 14 (Prohibition of Transfer).

15.2 Pursuant to art. 1456 of the Civil Code, the party who intends to avail of the resolution will notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the resolution start from the date of receipt of the termination notice resulting from the receipt returned to the terminating Party and the Buyer will have the exclusive right to the refund of any sum already paid.

16. CUSTOMER SERVICE AND COMPLAINTS

16.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:

Email: help@avvino.it

By contacting by telephone at +39 3755554855

16.2 The Company will respond promptly to complaints submitted, in any case within five working days of receiving them.

17. PROCESSING OF PERSONAL DATA

17.1 The Buyer expressly declares that he has read and gives his consent to the processing of his data pursuant to Legislative Decree no. 196/2003 (Privacy Code), of the European Regulation n. 679/2016 (GDPR) and the related implementing ministerial decrees.

17.2 The rights deriving from the privacy legislation and the information obligations arising from it on the Seller are examined “online”, before completing the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge and acceptance of the same.

18. APPLICABLE LAW AND JURISDICTION

These General Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, jurisdiction of the Italian State and the exclusive jurisdiction of the Court of the place where the Company has its registered office.

The exclusive jurisdiction of the Consumer is an exception, if the law provides for it.

19. FINAL PROVISIONS

This contract extinguishes and replaces any previous agreement between the Parties having a similar object. Any changes to this contract are effective only if they are confirmed in writing.

For anything not governed by this contract, please refer to the provisions of the law.