Terms and Conditions
The present document regulates the use of www.viruspower.it website (hereinafter called ‘website’),the conclusion procedures and the discipline of the purchase contracts concluded between Manifattura Pri.Ma.Tex S.r.l. and the website users.
The previsions herein contained have binding effectiveness. The User is therefore requested to carefully ready this document before using the website and concluding the purchase contracts for the products on the website.
www.viruspower.it website is owned by Manifattura Pri.Ma.Tex s.r.l with registered office in Via Tourcoing 21 – 59100 Prato (PO) - P.I. 02202530487, Prato Company Registration number 493820 – (hereinafter called "Pri.Ma.Tex" or the “Owner”), and is aimed at the promotion and online sale of the products and services contained therein. The Owner is contactable via written communication to be sent by Certified Electronic Mail to firstname.lastname@example.org or by registered letter with return receipt to the following address: MANIFATTURA PRI.MA.TEX S.r.l. Via Tourcoing 21 (59100) Prato (PO) or by ordinary e-mail to email@example.com.
The sales contract stipulated between the Customer and Pri.Ma.Tex will be governed, executed and interpreted exclusively on the basis of the Italian Law. The sale of products and services through electronic means is governed by the Legislative Decree 6 September 2005 n. 206 (Consumer Code) and subsequent amendments, by Legislative Decree 9 April 2003 n. 70 in the field of e-commerce and the provisions of the Italian Civil Code. The provisions specifically provided for consumers only apply to those who qualify as consumers according to the Consumer Code. With the execution of the purchase order, the customer fully accepts all the provisions of these sale conditions including the regulation of the contract exclusively according to the Italian law.
Field of application
These general conditions (hereinafter called "General Conditions"), in the version published at the time of the order, govern the sale of products and services on the website www.viruspower.it as well as the use of the website itself.
These General Conditions form an integral part of the sale contract concluded between the Customer and Pri.Ma.Tex.
The offer of products and services on the website www.viruspower.it is addressed to both individual and legal entities.
Different disciplines and legal regimes are applicable depending on whether the buyer is a consumer or a professional subject according to the regulatory definition contained in Legislative Decree 206/2005 (Consumer Code).
In particular, the individual who acts for purposes unrelated to any business, commercial, artisan or professional activity carried out is qualified as a consumer.
Pri.Ma.Tex invites the Customer to carefully read these General Conditions before making any purchase, print them or otherwise keep a copy.
By making any purchase according to the methods provided on the website, the Customer declares to have read all the indications provided during the purchase procedure and in the General Conditions and to fully accept them.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this website set out in this section have a general validity. Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website the User declares to satisfy following requirements:
*There are no restrictions related to Users with respect to whether they are Consumers of Professional Users.
To use the Service the User can open an account indicating all the data and information requested in a complete and true manner.
It is not possible to access the Service without opening a User account.
It is the responsibility of the Users to keep their access credentials in a safe way and preserve their confidentiality.
For this purpose, the Users must choose a password that correspond to the highest level of security available on this website.
By creating an account the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and uniquely through the contact details indicated in this document in case they consider that their personal information, such as User account, the access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
The User is free to close their account and stop using the Service at any time following this procedure:
- By contacting the Owner at the contact details reported in this document.
Suspension and account cancellation
The Owner reserves the right to suspend or cancel a User account at any time at his discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or the cancellation of the account does not give the User any right for compensation, reimbursement or indemnity. The suspension or cancellation of an account for reasons attributed to the User does not exempt the User from paying any fees or prices that may be applicable.
Contents on this Website
Unless otherwise specified or clearly recognizable, all the contents available on this website are owned by or provided by the Owner or its licensor or assignors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or third party rights. Should this occur, the Users are requested to submit the related complaints using the contact details specified in this document.
Content Rights of this Website
The Owner holds and expressly reserves all intellectual property rights on the said contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without any exceptions, it is prohibited for the Users copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicences, transforming, transferring/alienating to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
If expressly indicated on this Website, the User is authorized to download, copy and/or share certain available contents on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the work paternity is observed as well as the indication of any other relevant circumstances requested from the Owner.
Will remain the limitations and exclusions provided by the Italian (L.634/1941) and international copyright law, as well as the rights and protections established in the field of trademarks and patents and of any other property, material and immaterial, subject to industrial property both at internal and international level.
Access to external resources
Through this Website the Users may have access to resources provided by third parties.
Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible about their content and their availability. The conditions applicable to resources provided by third parties, including the ones applicable to any concessions of rights to contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service can be used only for the purpose which they have been offered for, according to these Terms and in accordance with the applicable law. It is exclusive responsibility of the User to ensure that the use of this Website and/or Service does not violate the law, the regulations or third parties rights.
Therefore, the Owner reserves the right to adopt any measure to protect his rights, and in particular to deny the User access to this Website, terminate contracts, report any censurable activity carried out through this Website or Service to the competent authorities – e.g. the judicial authority – whenever the User puts in place or there is a suspicion that puts in place:
- violations of the law, regulations and/or Terms
- injuries to third party rights
- acts that can considerably prejudice the legitimate interests of the Owner
- offences to the Owner or to a third party
TERMS AND CONDITIONS OF SALE
The products offered on this Website are provided for a fee.
The rates, duration and conditions applicable to the sale of such Products are below described and in the respective sections of this Website.
Prices, descriptions and availability of the products are specified in the respective sections of this Website and may be subject to change without notice.
Although these Products on this Website are presented with the greatest possible technical accuracy, the representation through photos, images, colours, sounds or any other means is to be understood as a mere reference and does not imply any guarantee as to the features of the purchased Product.
The features of the selected Product will be specified during the purchase procedure.
Each phase, from the selection of the product to the forwarding of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are requested to select the desired Product, to make it appear in the purchase selection, indicating, where possible, quantity and specific features.
- Users can control their choice. modify, add or remove articles.
- At Users will be requested to specify their billing address, contact details and payment method of their choice.
- In the case that the purchase involves a delivery of a Product it may be necessary for Users to indicate a shipping address.
- During the purchase procedure, Users can, at any time, modify, correct or replace the information provided or completely cancel the purchase procedure without any consequence.
- After providing all the required information, Users are requested to carefully check the order and then can proceed to checkout.
By submitting the order, Users expressly and fully accept all the conditions indicated in this document without reservation and agree to use the purchase procedure on the Website and the button or mechanism (consent flag) on this Website by ticking it, at the end of the purchase procedure, they express their will to conclude the purchasing contract and undertake in this way and at the same time to pay the agreed price.
Sending the order involves the following:
- The sending of the order by the User determines the conclusion of the contract and gives the obligation of the User to pay the price, taxes and any further charges and expenses, as specified on the order page:
- In the event that the purchased product requires and active contribution from the User, such as the supply of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate consequently.
- Once the order is forwarded, Users will receive a confirmation of receipt of the order.
All notifications related to the purchase procedure above described will be sent to the email address provided from the User for this purpose.
The selling prices of the products published on the Website are VAT included.
During the purchase procedure and before the forwarding of the order, Users are duly informed about all commissions, taxes and costs (including eventual shipping costs) that will be charged to them.
The prices indicated in this Website show:
- fees, taxes and applicable costs excluded or included, depending on the section that the User is browsing.
The details regarding the payment methods accepted are reported during the purchase procedure.
Some payment means are related to further conditions or involve additional charges. The detailed informations are reported in the relative section of this Website.
All payments are managed independently by third party services. Therefore, this Website does not collect data concerning the payment - such as Credit Card number - but receives a note once payment is successful.
In case payment effected by one of the available means fails or it is refused from payment service provider, the Owner is not obliged to execute the order. Eventual charges or commissions derived from the failed or refused payment should be paid by the User.
Retention of title
Until the Owner receives the payment of the full purchase price, the User does not have the property rights of the ordered products.
The deliveries will be effected to the address indicated by the User and with the methods indicated in the order summary.
At the moment of the delivery, Users must verify the content of the parcel and promptly report any anomalies to the contact details reported on this document or as described in the delivery note. Users can refuse to accept the parcel if visibly damaged.
Delivery can be effected in the countries o territories specified in the relative section of this Website.
Delivery times are indicated on this Website or during the purchase procedure.
The Owner is not liable in any way for any eventual delivery error deriving from inaccuracies or omissions committed by the User during the purchase order completion, of for any damage or delays occurred after delivery to the courier if the latter was commissioned by the User.
In the case that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further actions.
Unless otherwise specified, any delivery attempt starting from the second will be paid by the User.
Right to withdrawal
The right to withdrawal or ‘reconsideration’ is a consumer’s right to unilaterally terminate the purchase contract for a product or service, distance concluded, or away from the business premises. Such right can be exercised, without any penalty and without indicating any specified reason, within 14 working days from the goods delivery or from the conclusion of the contract if it concerns services.
For Users who do not qualify as consumers there is not right of withdrawal.
The right to withdrawal is excluded for personalized or custom-made products as well as for services completely rendered with the prior consent of the consumer.
Exercise the right of withdrawal
To exercise the right of withdrawal the User must send to the Owner an unequivocal communication of his intention to withdraw from the contract.
For such purpose, the User can use the withdrawal form that can be found in the definitions section of this document. However the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right can be executed, the User must send the withdrawal declaration before the expiry of the withdrawal period.
When does the withdrawal deadline expire?
- In case of purchase of goods, the withdrawal right expires after 14 days from the day that User or third party – appointed by him and other than the courier – takes possession of the goods.
- In case of purchase of multiple goods ordered together but separately delivered or in case of purchase of a single product composed by several lots or pieces delivered separately the withdrawal right expires after 14 days from the day that User or third party – appointed by him and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner refunds all payments received including, if made, the ones relative to delivery charges to Users who correctly have exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular way of delivery different from the cheaper standard delivery offered by the Owner will remain on User’s account.
The refund takes place without undue delay and in any case within 14 days from the day that the Owner was informed about the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is effected using the same way of payment used for the initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.
… on purchasing contracts of material goods
Unless the Owner offered to collect the goods, the User is required to return them to the Owner or any other person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is respected if the delivery of the goods to the courier or any other authorized person takes place before the expiry of the 14-day period described above. The refund can be held until the goods are received or until the User provides the proof of having returned them.
The User is responsible of the decrease of value of the goods deriving from a different use of the goods from the one necessary to establish their nature, features and operations.
The delivery charges of the return of goods are on User’s account.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
- the supply of goods tailor-made or clearly personalized;
Legal guarantee of product conformity
In contracts established with customers who qualify as consumers the articles from 128 to 135 of Legislative Decree 206/2005 (Consumer Code) regulate the legal guarantee regime about the goods sold and establish that the seller guarantees the conformity of the goods sold for a minimum period of 2 years from the delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or features promised or reasonable foreseeable for at least two years from the time of delivery to the buyer.
With reference to the goods sold to non-consumers subjects the art. 1490 of the Italian Civil Code , entitled “Guarantee for the defects of the thing sold”, establishes that “the seller is required to ensure that the sold good is immune from defects that make it unsuitable for the use of which it is intended or reduce in appreciable way the value”
Limitation of liability and indemnity
Limitation of liability
In no case Pri.Ma.Tex. be held responsible for:
- any direct and/or indirect damage, including, by way of example but not limited to, damages resulting from the loss of profits, goodwill, use, of data or any other intangible losses, deriving from or relative to the use, or the inability to use the Website
- any damage, or loss resulting, directly or indirectly, from hacking, tampering or any other illegal act relating to the use of the Website or User account or the informations contained therein
- any error, lack or inaccuracy in the contents
- any direct and/or indirect damage deriving from illegal acts carried out with regard to the Owner servers and/or any personal information stored therein
- any interruption or termination of the electronic transmissions from or to the Owner and any compromise and/or technical malfunction of the Website
- any bug, virus, trojan or similar that can be transmitted to or through the Website
- any error or omission in any content or for any loss or damage suffered as a result of the use of any published content, sent via email, transmitted or otherwise made available through the Website; and/or
- the defamatory, offensive and illegal conduct of any Website User or third parties.
The responsibility of the Owner is however limited for any claim for compensation, to the amount paid by the User to the Owner in the previous 12 months.
The User agrees to defend, indemnify and hold harmless the Owner in relation to any claim or pretence, damage, obligation, loss, liability, charge or debt and expenses, included, without limitation, legal fees and expenses deriving from
- the use or access to the Website by the User, including any data or content transmitted or received by the User
- the violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property
- the violation by the User of any applicable law, rule or current regulation
- any content sent from User’s account, including, by way of example but not limited to, misleading, false or inaccurate informations and also including the case in which access is made by third parties with User’s username and password or other security measures, if any
- the fraudulent conduct of the User; or
- the violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, within the limits permitted by the applicable law
No implicit waiver
Failure by the Owner to exercise the rights of law or claims deriving from these General Conditions does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.
To guarantee the best service level possible, the Owner, at its sole discretion, has the right to discontinue the Service, meaning that the Website will be out online with full functionality, including the online sales activities and procedures, for maintenance purpose, system updates or for any other technical modification without this being considered a source of responsibility for the Owner himself.
In addition, the Service may not be available for reasons that are beyond the reasonable control of the Owner, such as force majeure cause (i.e. strikes, infrastructure malfunctions, blackout etc.).
Resale of the Service
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit in any way this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial properties, such as for example copyrights, brands, patents and models relative to this Website are held exclusively by the Owner or its licensors and are protected under the laws and international treaties applicable to intellectual property.
All trademarks - denominative or figurative – and any other distinctive sign, company, service trademark, illustration, imagine or logo that appear in connection with this Website are and will remain the exclusive property of the Owner and its licensors and are protected under the laws and international treaties applicable to intellectual property.
Changes to the General Conditions
The Owner reserves the right to modify these General Conditions at any time by publishing the new version on the Website. The modifications will be effective from the date of their publication on the Website.
The continue use of the Service, after the publishing of the new conditions, implies acceptance by the User.
All the communications related to the use of this Website must be sent to the contact details reported in this document.
If any of the provisions of these Terns should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
For the interpretation and application of these General Conditions and the conclusion, interpretation and the execution of the contracts concluded through the Website only Italian law applies.
Any dispute related to this contract will be the exclusive competence of the Court of Prato. For all matters not foreseen in this contract herein the applicable regulations are intended.
Friendly settlement of disputes
Users can indicate eventual disputes to the Owner, who will try to solve them amicably.
Although the Users’ right to bring an action in court remains unaffected, in the event of disputes concerning the use of this Website, Users are requested to contact the Owner at the contact details reported in this document.
User can address his complain to the Owner’s e-mail address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Owner will provide to process the request without undue delay and within 21 days of its receipt.
Consumer dispute resolution platform
The European Commission has introduced an online platform for the alternative resolution of the disputes which favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use such platform to solve any controversy deriving from contracts concluded online. The platform is here available.
Definitions and legal references
This Website (or this Application)
The structure which allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not correspond to Consumer definition.
Standard withdrawal form
Manifattura Pri.Ma.Tex s.r.l P.IVA 02202530487 REA 493820 Via Tourcoing 21 59100 Prato Italia
Hereby I/we notify the withdrawal of my/our sales contract of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from which you intend to withdraw)
• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of the consumer(s):_____________________________________________
• Address of the consumer(s): _____________________________________________
• Date: _____________________________________________
(sign only if this form is notified in paper version)
Owner (or Us)
Indicates the natural or legal person who provides this Website and/or offers the Service to the Users.
A good or Service that can be purchased through this Website, such as a material good, digital file, software, booking services etc.
The service offered through this Website as described on the Terms of this Website.
All the conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version respectively.
User (or You)
Indicates every Individual who use this Website.
Any individual who, as a User, uses goods or services for personal purpose and, in general, acts for purpose unrelated to his business, commercial, artisanal or professional activity.
- The suit can have a tolerance of +/- 5% in the shade of the colors
- Prints and customizations may undergo small variations due to the material and the shape of the suit