General conditions of sale

Terms and Conditions

These Terms regulate in a binding manner

• the use of this Web Site and
• any other Agreement or legal relationship with the Holder

Capitalised expressions are defined in the relevant section of this document.
 The User is requested to read this document carefully.

Service

Eleveit.it, including the relevant sub-domains and any other site through which the Owner offers the Service, is a trademark owned by MANDELLI SRL, Via T. Grossi 5, Carate Brianza (MB) and is managed under contractual agreement by SPOTVIEW SRL for telematic management and by Web Al Chilo SRL for the administrative part.

Use is permitted under the terms and conditions set out in this section 'Terms of Use'.

Holder's email address: help@eleveit.it

Conditions of use

Unless otherwise specified, the conditions of use of this Website set out in this section apply generally.

Further conditions of use or access applicable in particular situations are expressly stated in this document.

Registration

To use the Service, the User may open an account by providing all the required data and information in a complete and truthful manner.
 It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds 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/her access credentials.
 Users are required to inform the Controller immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

Account closure

The User is free to close his/her account and cease using the Service at any time by contacting the Controller at the contact details in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User's account at any time at its own discretion and without prior notice if it considers it inappropriate, offensive or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any fees or prices that may be applicable.

Content on this Web Site

Unless otherwise stated or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
 In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.

Rights to the contents of this Web Site

The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.

Users are not authorised to use the contents in any way that is not necessary or implicit for the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on this Web Site, the User is authorised to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions under copyright law remain unaffected.

Access to external resources

Through this Website Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any laws, regulations or the rights of third parties.

Therefore, the Data Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, denounce any censurable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User carries out or is suspected of carrying out such activity:

• violations of the law, regulations and/or the Terms;
• infringement of the rights of third parties;
• acts that may considerably prejudice the legitimate interests of the Controller;
• offences against the Holder or a third party.

Terms and Conditions of Sale

Paid-for products

Some of the Products offered on this Website as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.

Product description

Prices, descriptions and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each step, from the choice of the product to the placing of the order, is part of the purchasing process.

The purchasing procedure comprises the following steps:

• Users are requested to choose the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, users can place their order by placing it.

Sending the order

Sending the order entails the following:

• The sending of the order by the user determines the conclusion of the contract and creates an obligation on the part 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 action on the part of the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the part of the User to cooperate accordingly.
• Once the order has been placed, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Web Site:

• include all applicable fees, taxes and costs.

Promotions and discounts

The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Holder.

Repeated or periodic promotions or discounts do not constitute any claim or right that can be asserted by Users in the future.

As the case may be, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations of promotions and discounts are understood to refer to the time zone of the Holder's location, as indicated in the contact details in this document.

Vouchers

Promotions and discounts may be offered in the form of Vouchers.

In the event of a breach of the terms and conditions applicable to the Vouchers, the Holder may legitimately refuse to perform its contractual obligations and expressly reserves the right to take action in the appropriate courts in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers set out on the relevant information page or on the Voucher itself shall prevail in all cases, irrespective of the provisions below.

Unless otherwise stated, the following rules apply to the use of Vouchers:

• Each Voucher is only valid if used in the manner and within the time period specified on the website and/or on the Voucher;
• The voucher can only be redeemed in full at the time of purchase - partial use is not permitted;
• Unless otherwise specified, single-use Vouchers may only be redeemed once per purchase and may therefore also be redeemed once in the case of instalment purchases;
• Vouchers are not cumulative;
• The Voucher must be used within the specified period of validity. Once the period has expired, the voucher will be automatically cancelled. Any possibility of asserting claims, including for reimbursement of the value of the voucher, is excluded;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended exclusively for non-commercial use. The reproduction, counterfeiting and commercialisation of the Voucher is strictly forbidden, as is any illicit activity connected with the purchase and/or use of the Voucher.

Means of payment

Details of the accepted means of payment are highlighted during the purchase process.

Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. In the event that the payment fails, the Holder reserves the right to claim reimbursement of any related expenses or damages from the User.

Reservation of title

Until receipt of payment of the full purchase price by the Holder, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users shall check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery times are indicated on this Web Site or during the purchase procedure.

Non-delivery

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.

In the event that the goods are not delivered or collected at the agreed time or within the agreed period, they shall be returned to the Holder, who shall contact the User to schedule a second delivery attempt or to agree on further action.

Unless otherwise specified, each delivery attempt from the second onwards shall be at the User's expense.

User Rights

Right of Withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not fulfil these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.

To this end, the User may send an e-mail to help@eleveit.it. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

• In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - other than the courier - takes possession of the goods.
• In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period shall expire after 14 days from the day on which the User or a third party - appointed by the User and other than the carrier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder shall reimburse all payments received including, if any, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the User's responsibility.

The refund is made without undue delay and in any case within 14 days from the day of receipt of the return by the Holder's logistics department, which will check the conformity of what has been received. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

Unless the Holder has offered to collect the goods, the User shall return them to the Holder or to another person authorised by the Holder to receive them without undue delay and in any event within 14 days of the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorised person takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return.

The User shall be liable for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.

The return shipping costs shall be borne by the User.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

• the supply of made-to-measure or clearly customised goods;
• supply of goods that are liable to deteriorate or expire rapidly;

Guarantees

Legal guarantee of conformity of the Product according to European Union regulations

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years after delivery. Therefore, the seller is obliged to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

Where Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which they normally reside.

The national laws of that country may grant such Users broader rights.

Consumers who are not acting as European Consumers may have conformity guarantee rights under the laws of the country in which they normally reside.

Limitation of liability and indemnity

Unless otherwise specified or agreed with the Users, the Holder's liability for damages in connection with the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Manleva

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners and employees to the fullest extent of the law from any claim or demand - including, without limitation costs and attorneys' fees - made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, arising out of or in connection with your use of the Service and attributable to you, your affiliates, officers, agents, co-branders, partners, and employees, whether at fault or not.

Limitation of liability for the User's activities on this Web Site

Unless otherwise specified and subject to applicable legal provisions, all claims for damages against the Controller (or any natural or legal person acting on its behalf) are excluded.

The foregoing does not limit the liability of the Holder for personal injury or damage to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations that are strictly necessary for the fulfilment of the cause of the contract, and/or to damage caused by wilful intent or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers:

In the event of liability on the part of the Holder, the compensation due may not exceed the total amount of payments which have been, will be or may be contractually due to the Holder by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.

Common Provisions

No implied waiver

The Holder's failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final in respect of any specific right or any other right.

Service Interruption

In order to guarantee the best possible level of service, the Controller reserves the right to interrupt the Service for the purposes of maintenance, system updates or any other change, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the activity of the Service, the Owner shall ensure that the Users are able to extract their Personal Data and information and shall respect the rights of the Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Resale Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller programme.

Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks - whether denominative or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to amend the Terms at any time. In this case, the Owner shall give appropriate notice of the changes to the Users.

The changes shall take effect in the relationship with the User only from the time communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the changes are accepted by the User. This version can be requested from the Holder.

If required by law, the Controller shall notify Users in advance of the effective date of the amended Terms.

Assignment of contract

The Holder reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

The User is not authorised to assign or transfer its rights and obligations under the Terms without the written consent of the Holder.

Contact

All communications relating to the use of this Web Site should be sent to the addresses indicated in this document.

Safeguard Clause

Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions, which shall therefore remain valid and effective.

European Users

If any provision of these Terms should be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision to replace the void, invalid or ineffective provision.
 In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

Applicable law

The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules.

Place of jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set out in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users acting as Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Dispute Resolution

Amicable management of disputes

Users may report any disputes to the Controller, who will endeavour to resolve them amicably.

Without prejudice to Users' right to take legal action, in the event of a dispute concerning the use of this Web Site or the Service, Users are kindly requested to contact the Controller at the contact details indicated in this document.

The User may address a complaint to the Controller's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.

The Controller shall process the request without undue delay and within 5 days of its receipt.

Definitions and legal references

This Website (or this Application)
The structure enabling the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User
Any User who does not meet the definition of a Consumer.

Voucher
Any digital or paper code or voucher enabling the User to purchase the Product at a discounted price.

European (or Europe)
It applies when the User, regardless of nationality, is in the European Union.

Owner (or Us)
Designates the natural or legal person who provides this Website and/or offers the Service to Users.

Product
A good or service that can be purchased through this Website, such as a tangible good, digital files, software, reservation services, etc.
The sale of a Product may be part of the Service as defined above.

Service
The service offered through this Web Site as described in the Terms and on this Web Site.

Terms
All terms and conditions applicable to the use of this Web Site and/or the provision of the Service as described herein as well as in any other document or agreement related thereto, in its most current version, respectively.

User (or You)

Refers to any individual using this Website.

Consumer

Any User considered a Consumer under applicable law.