Terms and Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
Article 1 - Preliminary remarks
1.1 Alberto Aspesi & Co. SpA, with registered office in Corso Venezia, 14 20121 Milano (MI), tax code, VAT number and registration number in the Milan Companies Register 02683610139, in the person of the legal representative pro tempore ( “Company ”), produces, distributes and markets - also through the website “www.aspesi.it” ( “Website ”) - clothing, footwear and accessories of the “Aspesi” brand ( “Products ”).
1.2 These General Terms and Conditions ( "GTC ") govern the relationship between the Company and individual users of the Website ( "Users ") who browse the Website and are interested in purchasing Products through the Website (regardless of any subsequent purchase of the Products).
1.3 Users may purchase on the Site exclusively as consumers, as defined in Article 3, letter a) of Legislative Decree no. 206/2005 ( “Consumer Code” ), i.e. for purposes unrelated to any commercial, industrial, craft or professional activity.
1.4 In order to proceed with the purchase of the Company's products, each User must, at the end of the purchase procedure (as stipulated in article 3.3 below), read and sign these General Terms and Conditions in electronic format and accept the processing of his/her personal data (identification, contact and purchase data) referred to in the Privacy Policy pursuant to articles 13 and 14 of EU Regulation 2016/679 ( "GDPR "), drawn up by the Company as Data Controller pursuant to article 24 of the GDPR ( "Privacy Policy" ), through the so-called "point and click" mechanism (i.e. placing so-called "flags" on non-preset fields and/or clicking on a specific button - e.g. "Confirm Purchase").
1.5 The User is requested to download these General Terms and Conditions and the Privacy Policy upon completing the subscription and to save them on a permanent storage medium.
1.6 The General Terms and Conditions may be modified by the Company at any time. Any changes and/or new terms and conditions will take effect upon their publication on the Website and will only apply to orders (as defined below) registered and submitted by the User after such publication. Users are therefore advised to consult the most current version of the General Terms and Conditions published on the Website before each purchase.
1.7 By complying with the General Terms and Conditions, the User declares that he or she is at least 18 years old, has the legal capacity and is acting as a consumer.
1.8 No prior registration on the Site is required to purchase Products. Users can choose to browse the Site and purchase Products:
1.8.1 either as a “guest” without first completing the registration process described in Article 2 below; or
1.8.2 after completing registration and creating your own account in accordance with Article 2 below as ( “Registered User ”).
1.9 The Company reminds Users that it is strictly forbidden to provide personal data of third parties, false, fictitious, or intentionally false data during the registration or purchase process (as defined below), and in any case at any other stage of the relationship with the Company. The User undertakes to provide only truthful and updated data and to indemnify and hold the Company harmless from any claims for damages from third parties or sanctions in any way related to the User's violation of this prohibition, reserving the right to take all measures to protect its rights.
1.10 Users may independently select the language in which the content of the Website shall be displayed and the currency in which prices (as defined below) shall be displayed, from among the languages and currencies available through the Website.
Article 2 - Registration of registered users on the website
2.1 In order to navigate the Website as a registered User, the User must create and maintain their own account. The registration procedure on the Website consists of the following steps: (i) entering personal and contact data (first name, last name, address, telephone number, email address); (ii) choosing and entering a secure password; (iii) reviewing and accepting the Privacy Policy; (iv) possible inclusion in the commercial communications service related to the Company's products and activities and/or in the commercial communications personalization service (profiling); (v) confirmation of the entered data and willingness to register on the Website using the so-called "point and click" mechanism (i.e., placing so-called "flags" on non-preset fields and/or clicking on a specific button - e.g., "Register") ( "Registration" ).
2.2 Registration allows the Registered User to use Website features and post-purchase services reserved only for Users who have successfully completed the registration process ( “Additional Services” ), such as the ability to create a wish list of products, the ability to save their login credentials, access to the “archive” of orders placed (as defined below), etc.
2.3 The Registered User acknowledges the strictly confidential nature of his/her account and access credentials (username and password) and therefore undertakes to keep them confidential and not to make them accessible to third parties, including by changing passwords occasionally and using secure passwords (e.g. alphanumeric code of 8 digits with at least one special character and the use of upper/lower case letters), as well as not to leave his/her device unattended with the account active, which releases the Company from any liability for acts or facts fraudulently committed by the Registered User and/or third parties who had access to the account due to malicious or negligent conduct of the Registered User himself/herself.
Article 3 - Purchase of Products
3.1 The offer and sale of Products on the Website constitute a distance contract between the Company and the User, governed by Legislative Decree no. 70/2003, which contains the regulation of electronic commerce, and by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code.
3.2 Within the Site, each product is accompanied by an indication of its price (as defined in Article 5.1 below) and the corresponding product data sheet describing the main characteristics of the product (e.g., composition, sizes, fit, washing instructions). In any case, the User acknowledges and accepts that the delivered product may differ from the image of that product displayed on the Site at the time of purchase (particularly with regard to colors) due to reasons attributable to the Internet browser or depending on the monitor used by the User.
3.3 The procedure for purchasing a Product consists of the following steps ( “Purchase Procedure” ):
3.3.1 Selection of the product on the website by the user and creation of his/her shopping cart;
3.3.2 The possibility for the Registered User to continue the purchase process by entering their login details and accessing the Website as a Registered User, thereby being able to use the relevant Additional Services;
3.3.3 Completing an order form in electronic format in accordance with the procedures published on the Website from time to time, providing the requested data, such as, but not limited to, the recipient’s personal data, email address, telephone number and delivery address ( “Order” );
3.3.4 Selection of the delivery method for the Product, including, but not limited to, the possibility of collecting the Product at the “Aspesi” store located in Milan at Via San Pietro all'Orto, 24, 20121 ( “Store ”), where this method can be selected during the purchase process, and acceptance of the quote;
3.3.5 Selection of payment methods, as further described in Article 5.3 below;
3.3.6 Summary of the order, including a. the final amount to be paid by the User to the Company (comprising the price and delivery charges and any additional duties and costs as described below);
3.3.7 Review and acceptance of these Terms and Conditions and the Privacy Policy (as described in Article 1.4 above);
3.3.8 Submitting the order to the Company in accordance with the instructions displayed on the Website from time to time (e.g. by clicking the "Confirm Purchase" button).
3.4 Until the order is submitted as referred to in Article 3.3.8 above, the User has the right to modify or cancel the order.
3.5 Once the order has been registered and confirmation of the validity of the payment made by the User has been received, the Company undertakes to send the User the Order Confirmation, which will include the following information: (i) the order number assigned to the order; (ii) a summary of the Products purchased; (iii) the delivery address and the billing address (if different); (iv) the price and delivery costs (as defined below) and any additional costs, as well as the method of payment used; (v) any specific conditions applicable to the purchase (e.g., the inclusion of a discount coupon); (vi) the conditions for returning the Products; (vii) a reference to the general terms and conditions and the privacy policy accepted by the User ( "Order Confirmation ").
3.6 The Company will notify the User of order confirmation pursuant to Article 3.5 above, generally within 24 hours of completing the purchase process, by email to the email address provided by the User during the purchase process. If order confirmation is not received after this period, the User is invited to contact the Customer Service department referred to in Article 12 below.
3.7 The User acknowledges that the Company is free to refuse to accept the Order and not to send the Order Confirmation in the following cases, among others, and without limitation: (i) detection of a breach of Article 1.7 above; (ii) negative outcome of the User's payment and/or any solvency checks concerning the User; (iii) unavailability of the Product as defined in Article 4 below; and (iv) previous abusive or fraudulent conduct by the User towards the Company. In such cases, the Company will promptly refund all amounts already paid by the User (i.e., price, delivery charges, and any applicable customs duties), in accordance with the procedures established in Article 5.6 below.
3.8 Without prejudice to the right of withdrawal provided for in Article 7 below, the User is obliged, where applicable, to verify the conformity of the Order Confirmation with the details contained in their Order and to notify the Company of any discrepancies between them within 24 hours of receiving the Order Confirmation. If the User fails to provide such notification within this period, the Company will proceed with delivery (as specified below) of the Products in accordance with the Order Confirmation.
3.9 The purchase contract for the Product between the User and the Company is deemed to be concluded at the time the User receives confirmation of the order in accordance with Article 3.6 above ( “Purchase Contract” ).
Article 4 - Availability of products
4.1 The availability of the products offered on the Website is continuously monitored and updated by the Company. However, it is possible that the product may become unavailable for reasons beyond the Company's reasonable control, such as the simultaneous purchase of the same product by multiple users. In such cases, the product may be temporarily (or permanently) unavailable, even after the order has been confirmed.
4.2 In the event of unavailability pursuant to Article 4.1 above, the Company undertakes to notify the User immediately and will cancel the order and the associated order confirmation (if any), while simultaneously refunding all amounts already paid by the User (i.e., the price and delivery charges, as defined below, as well as any additional charges), in accordance with the procedures established in Article 5.6 below. The User may then check the Website for possible availability of the Product and the new delivery times.
Article 5 - Price and payment and refund procedures
5.1 All prices of the products published on the Website ( "Price" ) are indicated in the currency chosen by the User and include VAT, where applicable.
5.2 The Company reserves the right to change the price of any Product at any time and without prior notice, the price charged to the User being the price indicated on the Website at the time of completion of the Order, and any changes (upward or downward) made after the communication of the same in accordance with Article 3.3.8 above will not be taken into account.
5.3 During the purchase process, the User will pay the price of the Product, all related delivery charges (as defined below) and all related taxes (as defined below) by selecting one of the following payment methods: (a) credit card; (b) PayPal; or (c) Klarna (the latter only for Users located in Austria, Germany, the Netherlands, Finland, and Denmark). The Website will indicate whether the payment method chosen by the User is free or not, and will indicate the amount of any applicable fees that will be borne by the User depending on the payment method chosen.
5.4 In the case of online payment by credit card, the transaction is carried out securely using the SSL (Secure Socket Layer) protocol. Credit card details (card number, start and expiration dates, security code) are encrypted and transmitted directly to the payment service provider, without passing through the Company's servers. Therefore, the Company never has access to, and does not store, the credit card details used by the User to pay for the Product. If the User intends to use this payment method, the User acknowledges and accepts that the Company may perform the necessary payment validity checks ( e.g., prior verification of the validity period and/or the availability of funds on the card used) in order to send the order confirmation.
5.5 In the case of payment via the online payment systems PayPal or Klarna, the User will be automatically redirected to the PayPal or Klarna website, respectively, where they will pay for the product according to the procedure indicated on these websites and the terms and conditions agreed between the User and PayPal or Klarna. The data entered on the websites of such payment service providers will be processed directly by PayPal or Klarna and will not be transmitted or shared with the Company. Therefore, the Company will neither collect nor store in any way the data that the User transmits directly to PayPal or Klarna on the respective websites.
5.6 In all cases of refund of the price provided for in these General Terms and Conditions, the User acknowledges that the amount and timing of the credit are specified in the specific provisions of these General Terms and Conditions for refund cases. It is understood that the charges provided for in Article 5.3 above and the duties and fees provided for in Article 6.2 below will not be refunded under any circumstances. The credit will be made using the same payment instrument chosen during the purchase process. The User may verify the credit within the time strictly necessary and depending on the payment service provider of the payment method chosen by the User. In the event that the User who submitted the order is not the same as the credit card holder referred to in Article 5.3 (a) above, the Company will pay the refund to the latter.
Article 6 - Delivery of the Products
6.1 The Company undertakes to deliver the Products purchased by the User ( "Delivery" ) to the delivery address indicated by the User during the purchase process and confirmed in the Order Confirmation, which the User has communicated to the carrier (as defined below) in accordance with Article 6.4, provided that the country in which the delivery address is located is included in the list of countries to which the Company delivers the Products (available in the "Top Bar" drop-down section of the Website). The Products will be delivered by the Company according to the delivery methods chosen by the User, from Monday to Friday during normal business hours, excluding national holidays, within the term indicated by the Company in the Order Confirmation, which may not exceed 30 (thirty) days from the date of dispatch of the Order Confirmation.
6.2 Delivery costs, which may vary depending on the delivery method chosen by the User (if available) and the delivery location, are the sole responsibility of the User. Their amount, in the currency chosen by the User and including VAT, where applicable, will be indicated during the purchase process and subsequently confirmed to the User in the order summary (before submission) and in the subsequent Order Confirmation ( "Delivery Costs" ). Furthermore, taxes and customs duties levied on the Products as a result of the regulations of the country in which delivery of the Products is requested ( "Customs Duties" ) are not included in the Delivery Costs and are always the sole responsibility of the User, it being understood that: (a) in the event of delivery to a specific country outside the EU , the cost of these Fees will be included in the price of the Product the User intends to purchase, and the User will therefore not incur any additional costs beyond the price and Delivery Fees; (b) if delivery to a particular country outside the EU is not made with delivery duty paid , the cost of these charges will be separately indicated to the User during the purchase process and the User must therefore pay these charges in addition to the price and delivery charges.
6.3 In the event that the purchased Product is not delivered within the delivery time indicated in the order confirmation, the Company undertakes to contact the User to agree on an additional delivery time appropriate to the circumstances. In the event of disagreement, or if this additional period expires without the Product being delivered to the User, the User has the right to terminate the purchase contract pursuant to Article 1456 of the Italian Civil Code by notifying Customer Service in writing via email, which must include a declaration of the exercise of this right and a request for a refund of the price, delivery costs, and any applicable fees within 15 (fifteen) days, in accordance with the terms established in Article 5.6 above.
6.4 The User undertakes to be present or to instruct a person present to receive the Product on the delivery date indicated in the Order Confirmation or agreed pursuant to Article 6.3 above. To facilitate the User's receipt of the Product, the carrier DHL Express Italy Srl, appointed by the Company to deliver the Products ( "Carrier "), will send the User by email/SMS to the addresses indicated by the User during the purchase process, a specific link that the User can use to: (i) confirm/modify the delivery address indicated during the purchase process; (ii) subject to the conditions referred to in paragraph 6.1 above, choose a specific date for delivery of the Product to the delivery address indicated or collect the Product from the DHL service point closest to the delivery address chosen by the User during the purchase process.
6.5 Without prejudice to Article 6.4 above, in the event of non-delivery due to the absence of the User (or a person designated by the User) at the address communicated by the User to the courier and on the delivery date, the carrier will deposit the Product at the nearest DHL service point at the delivery address chosen by the User, at no cost to the User, and will notify the User of the Product's deposit. If the User fails to collect the Product deposited at the DHL service point , and in any event after 30 (thirty) working days from the first delivery attempt, the Company shall have the right to terminate the purchase contract pursuant to Article 1456 of the Italian Civil Code, for facts and faults attributable to the User. The Company will then refund the price to the User within 15 (fifteen) working days of notification of termination of the Purchase Agreement, less the delivery costs for the unsuccessful delivery, the costs of returning the Product to the Company, and any other expenses incurred by the Company due to the delivery attempt. Termination of the Purchase Agreement and the amount of the refund will be communicated to the User by email to the contact details provided by the User during the purchase process and/or during registration, upon declaration of their wish to exercise this right. The refund will be made in the manner specified in Article 5.6 above.
6.6 Upon delivery, the User or the person designated by him undertakes to carry out all necessary checks to detect any discrepancy in the quantity of Products delivered or any imperfections or defects in the packaging or any non-conformity of the Products received with the information contained in the relevant order confirmation.
6.7 If a defect and/or discrepancy is discovered upon delivery pursuant to Article 6.6 above, the User undertakes to: (a) report such defects and/or discrepancies to the Company and assert any related claims and/or demands on the relevant delivery note; (b) have the delivery note countersigned by the carrier; and (c) retain a copy of the countersigned receipt. Following such complaint, the provisions set forth in Article 8 shall apply.
Article 7 - Right of withdrawal - Returns and refunds
7.1 Pursuant to and for the purposes of Articles 52 et seq. of the Consumer Code, the User has the right to withdraw from the purchase contract, in whole or in part, within 14 (fourteen) days from the date on which the User receives delivery of the Product (where "delivery" means physical possession of the Product). To this end, the User must notify the Company of their intention to withdraw, in whole or in part, from the purchase contract within the aforementioned 14 (fourteen) days, using the return procedure accessible through the "Returns and Refunds" section of the Website or by contacting Customer Service (as defined below) in the manner described in Article 12.
7.2 In the event of exercising the right of withdrawal pursuant to Article 7.1 above, the User undertakes, within 14 (fourteen) days from the date of notification of withdrawal pursuant to Article 7.1 above, to return the Product to the Company, together with the documentation requested by the Company at the end of the withdrawal procedure, using the services of the carrier:
7.2.1 proposed by the Company (i.e., the carrier). In this case, the User who has exercised the withdrawal will not incur any costs for returning the Product ( “Return Costs” ), except for the payment of fees provided for by the regulations of the place from which the User returns the Product; or
7.2.2 independently chosen by the User. In this case, the User who has exercised the withdrawal acknowledges and accepts that all return costs and any liability in the event of loss or damage to the Product during transport are at their sole expense.
7.3 The user also undertakes to use the product:
7.3.1 intact, in excellent condition and in the original packaging;
7.3.2 unused, worn, washed and/or damaged, less what is strictly necessary for the User to establish the nature and external characteristics of the Product and to verify that it corresponds to the Product indicated in the Order Confirmation;
7.7.3 with the Product's identification label, which is an integral part of the goods, and with the disposable seal affixed by the Company to the Product itself.
7.4 In the event that the User exercises their right of withdrawal in accordance with the conditions established in this Article 7, the Company undertakes to reimburse the User, in accordance with Article 5.6 above, within a maximum of 14 (fourteen) days from the date of notification of withdrawal by the User (provided the Product is received by the Company within this period). Any delivery costs, however, will always be retained by the Company, and any customs duties already paid (whether included in the price or separately indicated to the User during the purchase process) will not be refunded to the User.
7.5 If the Company determines that the right of withdrawal exercised by the User does not comply with the conditions set out in this Article 7 (e.g. Product returned without the identification label and/or altered in its essential characteristics), the Company will not refund the price, without prejudice to the User's right to have the same Product returned to him in the same condition as the returned Product, at the User's expense.
Article 8 - Legal warranty for the product
8.1 All products sold on the Site are covered by the legal guarantee of conformity for products pursuant to Articles 128 et seq. of the Consumer Code. The Company shall be liable to the User for any product conformity defect existing at the time of delivery and occurring within two years of such delivery, provided that the User notifies the Company of such defect within two months of its discovery, failing which this right will be forfeited.
8.2 To benefit from the legal guarantee referred to in Article 8.1 above, the User must contact the customer service referred to in Article 12 below and follow the procedure indicated, providing evidence of the date of conclusion of the purchase contract, delivery of the Product, and the existence and date of verification of the defect. To this end, the User must keep the order confirmation, the purchase receipt, and the transport document certifying the delivery date throughout the validity of the guarantee, and, if necessary, compile and submit photographic documentation of the alleged defect ( "Claim Documentation" ).
8.3 A lack of conformity is a design or material defect of the Product which is present at the time of purchase of the Product in the following cases: (i) if the Product is not suitable for the use for which goods of the same type are normally used; (ii) if it does not correspond to the description on the Website; (iii) if it does not have the usual characteristics of a good of the same type that the User can reasonably expect, also taking into account the statements on the Website.
8.4 In the event of a lack of conformity duly reported within the time limits referred to in Article 8.1 above, the User is entitled to:
8.4.1 to repair or replace the Product free of charge as a matter of priority, at its discretion, unless the requested remedy is objectively impossible or excessively expensive compared to the other remedies available;
8.4.2 Subsequently, to a price reduction or termination of the sales contract, at the User's discretion, if the repair or replacement is impossible or excessively expensive, or has not been carried out within a reasonable time, or if the previously carried out repair or replacement has caused the User significant inconvenience. However, the User is not permitted to terminate the sales contract if the lack of conformity is minor and it would have been impossible or, if possible, excessively burdensome to exercise the remedies set out in this Article 8.4.1.
8.5 Pursuant to and for the purposes of Article 8.4 above, the User acknowledges that the requested remedy will be considered excessive if it imposes disproportionate costs on the Company compared to alternative remedies that may be exercised, taking into account: (i) the value that the Product would have if it did not present a lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility of implementing the alternative remedy without significant inconvenience to the User; (iv) in the case of a request for compensation, the fact that the Product belongs to a previous sales season, is no longer manufactured and/or is no longer available.
8.6 In any event, the User shall not be entitled to the remedies provided for in Article 8.4 above, including but not limited to, in the following cases:
8.6.1 If the Product has been repaired and/or modified by parties other than the Company or another party authorized by the Company for this purpose;
8.6.2 If the defects in the Product are due (in whole or in part) to: (i) improper use of the Product by the User; and/or (ii) incorrect washing of the Product; and/or (iii) failure to comply with the instructions provided by the Company together with the delivered Product;
8.6.3 If the User was aware of the non-conformity of the Product at the time of concluding the purchase contract and/or could not ignore it with the exercise of ordinary care.
8.7 In light of the reviews of the complaint documentation conducted by the Company pursuant to Article 8.2 above, the Company reserves the right to request the return of the Product to determine, at its sole discretion, whether the alleged defect actually exists. The request to return the Product in no way constitutes recognition of the existence of a lack of conformity of the Product. If the Company detects the defect, the remedy requested by the User pursuant to Article 8.4 above must be provided within 60 days of receipt of the complaint documentation.
Article 9 - User liability - Links to third-party websites - Links to the website
9.1 The User navigates the Website and purchases Products independently, assuming exclusive and personal liability arising from such activities. The User therefore acknowledges being solely responsible for the correct and non-fraudulent use of the Website and releases the Company from any liability, including to third parties, for any fraudulent acts or facts committed by the User and/or third parties who have had access to the User's data provided during the purchase process and/or the Registered User's account, due to the User's intentional or negligent conduct.
9.2 The Company takes all measures to prevent the publication on the Website of any content that describes or depicts scenes or situations of physical or psychological violence, or that, depending on the sensitivity of users, may be considered harmful to civil convictions, human rights, and the dignity of people in all their forms and expressions. The Company does not guarantee, under any circumstances, that the content of the Website is appropriate or lawful in other countries outside Italy. However, if such content is considered illicit or illegal in some of these countries, users are invited to avoid accessing the Website. In any case, if they choose to access the Website, the use of the services offered by the Website is the exclusive and personal responsibility of the user.
9.3 The User also declares to be aware that the Website contains hypertext links to other websites owned or operated by third parties, which are included on the Website solely to facilitate the User's search for products and/or navigation within the Website, but which are in no way attributable to the Company and/or the Website itself. The User acknowledges and accepts that the Company does not carry out any control or monitoring operations on said websites and/or their content, with which it has absolutely nothing to do, and that, therefore, the Company cannot be held responsible for the content of said websites and/or for any damages that the User may suffer while browsing and/or as a result of operations performed by the User on such third-party websites.
9.4 Anyone interested in activating links to the Website (to the homepage and/or other web pages) must contact the Company in advance at the following email address: support@aspesi.it. If the request is accepted, the applicant will be authorized to activate links free of charge and on a non-exclusive basis. However, the Company reserves the right to object to the request received in the following cases: (i) if the applicant has (in the past) used unfair commercial practices that are not customary in the industry, constitute unfair competition, or are detrimental to the reputation of the Company; or (ii) if the Company considers, in its sole discretion, that it is likely or possible that the behavior referred to in (i) above may occur (in the future). Furthermore, the activation of deep hypertext links (such as deep frames or deep links) to the Website or the unauthorized use of meta tags is strictly prohibited.
Article 10 - Express termination clause
10.1 Without prejudice to any other rights provided for by law, the User acknowledges that the Company has the right to terminate these General Conditions and any existing purchase contracts with immediate effect, pursuant to and within the meaning of Article 1456 of the Italian Civil Code, by written notice to the contact details provided by the User during the purchase process and/or during registration, stating that they wish to exercise this express termination clause, in the event of: (i) fraudulent use of the Website; and/or (ii) non-compliance by the User with any of the following points: 1.9 (correctness and veracity of the data entered); 11.3 (Intellectual Property Rights).
Article 11 - Content of the website - Intellectual and industrial property rights
11.1 The User declares to be aware and acknowledges that all intellectual and industrial property rights ( "Intellectual Property Rights" ) relating to the Website, the Products, the domain names of the Website and/or the content of the Website, such as, among others and without limitation, images, photographs, product descriptions, logos and any other material or element, in any format, published on the Website, including menus, web pages, graphics, colors, diagrams, tools, fonts and the design of the Website, the diagrams, the layout and any other element that may be protected by copyright (collectively, the "Content" ), are the exclusive property of the Company and/or are at the full disposal of the Company and will remain the exclusive property of and/or at the full disposal of the Company for the entire duration of the General Terms and Conditions and even after their termination for any reason whatsoever.
11.2 The User acknowledges that the material relating to the Products (e.g. photos, illustrations, descriptions) published on the Website is solely for the purpose of providing information on the essential characteristics of the Products, without the photos and illustrations being contractually binding.
11.3 The User therefore undertakes, at any time during the term of the General Terms and Conditions or thereafter, directly or indirectly, to:
11.3.1 to use the Intellectual Property Rights exclusively for browsing the Website, viewing the Content and/or purchasing the Products in accordance with these General Terms and Conditions and applicable laws, excluding any other use of the Intellectual Property Rights by the User;
11.3.2 not to copy, modify, alter, duplicate, adapt and/or reproduce, in whole or in part, in any form and on any medium, temporarily or permanently, the Website and/or its contents without the express written consent of the Company and/or, where applicable, the author to whom the works contained in the contents belong;
11.3.3 to respect the moral rights of authors whose works are published on the Website, even if not exclusively there;
11.3.4 not directly or indirectly challenge the validity of any of the Intellectual Property Rights or the right, title and interest of the Company in the Intellectual Property Rights;
11.3.5 exercise the utmost care to prevent third parties from carrying out any act and/or act that may affect or limit the validity of any intellectual property rights;
11.3.6 not to use the intellectual property rights and in particular any trademarks, logos or other distinctive signs present on the Website in order to unfairly exploit the distinctive character or reputation of such trademarks, logos or signs and/or in a manner that is detrimental to them and/or their owners.
11.4 In the event of a breach by the User of any of the obligations referred to in Article 11.3 above, and without prejudice to the Company's right to terminate the General Terms and Conditions and Purchase Agreements in accordance with Article 10.1 above, the User undertakes to indemnify and hold the Company harmless from any claims, damages or adverse effects that may arise, directly or indirectly, from claims by third parties (including, but not limited to, other Users or the authors of the Works) as a result of such breach.
Article 12 - Customer Service
12.1 Users may contact the Company's Customer Service from Monday to Friday during business hours, excluding holidays, using the methods provided in the "Customer Service" section of the Website ( "Customer Service" ) or by email at the following addresses: support@aspesi.it
12.2 Communications of a technical/operational nature relating to the Website may also be validly communicated to Users by the Company through notifications and/or banners within the Website.
Article 13 - Data protection
13.1 The User acknowledges and accepts that his/her personal data communicated to the Company for the purpose of purchasing a Product and/or entered on the Website will be processed by the Company in accordance with the Privacy Policy and in compliance with applicable legislation (including, by way of example only, the GDPR).
Article 14 - Miscellaneous
14.1 (Survival) If one or more provisions of these Terms and Conditions or parts thereof are held to be invalid, illegal or otherwise unenforceable by law or court order, the remaining provisions or parts thereof shall in any event remain binding and/or enforceable between and between the parties.
14.2 (Force Majeure) Unless otherwise provided for in these Terms and Conditions, in the event that the Company is unable to fulfil its contractual obligations, in particular to guarantee the functionality of the Website and/or the purchase of the Products, due to fires, wars, strikes, embargoes, decrees of governments or other civil or military authorities, omissions and negligence of carriers or suppliers (including, for example, third parties responsible for ensuring the functionality of the Website), interference by vandals or hackers, failures or malfunctions of third-party networks, telecommunications equipment, websites, software and hardware or other technologies of the User, epidemics, pandemics and any lockdown measures issued by the competent authorities, as well as any other circumstances or events beyond the reasonable control of the Company ( “Force Majeure” ), the deadline for providing the Services covered by these Terms and Conditions and/or the Purchase Agreements will be extended by the period of the delay or Impossibility of providing the service due to specific causes of force majeure. It is understood that the persistence of a situation of force majeure for more than 90 (ninety) days entitles the User to withdraw from the General Terms and Conditions and/or any purchase contracts currently in progress, without prejudice to the fact that the Company shall not owe any compensation or reimbursement, except for the reimbursement of the price and delivery costs incurred by the User, in accordance with the terms and conditions specified in Article 5.6 above.
14.3 (Prohibition of Assignment) The User may not assign, in whole or in part, any applicable General Terms and Conditions and/or Purchase Agreements, nor may he assign any rights or obligations arising therefrom, without the prior written consent of the Company.
Article 15 - Applicable law and jurisdiction
15.1 These Terms and Conditions are governed by Italian substantive law, excluding any reference to other national laws or regulatory authorities of international law.
15.2 Any dispute relating to the General Terms and Conditions and/or purchase contracts, including their execution, interpretation and/or termination for any reason whatsoever, shall be subject to the jurisdiction of the User's court, without prejudice to the User's right to bring legal proceedings before the Court of Milan.
15.3 Without prejudice to the provisions of Article 15.2 above, the Company reminds the User that, pursuant to Article 14 of Regulation EU 524/2013, and without any limitation, the User may find all the information useful for accessing the online dispute resolution mechanisms (so-called ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage .
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