Luvirie SRL

Certified email address: luvirie@pec.it

VAT number: 03683280402

Address: Viale Enzo Ferrari, 17 (industrial area), 47838, Riccione (RN)

Tel: 0541 607 774

Data Controller’s email address: info@luvirie.com

“This Application” refers to

• this site, including its subdomains and any other site through which the Owner offers the Service.

What you need to know at a glance

• The right of withdrawal applies only to European Consumers.
• Use of the Service/this Application is reserved for Consumers only.

TERMS OF USE

Unless otherwise specified, the terms of use of this Application set out in this section are generally valid.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Application, the User declares that they meet the following requirements:

• The User acts as a Consumer.

Registration

To use the Service, the User can open an account by providing all the data and information requested in a complete and truthful manner.

It is not possible to use the Service without opening a User account.

It is the responsibility of Users to keep their login credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for any activity carried out with their login credentials. Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as their User account, login credentials or personal data, has been breached, unlawfully disclosed or stolen.

Account closure

The User is free to close their account and cease using the Service at any time by following this procedure:

• Contacting the Owner at the contact details provided in this document.

Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not entitle the User to any compensation, refund or indemnity.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

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

The Owner takes the utmost care to ensure that the content available on this Application 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 content of this Application

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

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

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translate, process, publish, transmit, sell, sublicense, transform, transfer/alienate to third parties or create derivative works from the content available on this Application, or allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the authorship of the work is acknowledged and any other relevant circumstances requested by the Owner are indicated.

The limitations and exclusions provided for by copyright law remain unaffected.

Access to external resources

Through this Application, 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 for their content and availability.

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

Permitted use

This Application 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 the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations or the rights of third parties.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any objectionable activity carried out through this Application or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User commits or is suspected of committing:

• violations of the law, regulations and/or the Terms.
• infringements of third-party rights.
• acts that may significantly prejudice the legitimate interests of the Owner.
• offences against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on this Application as part of the service are subject to a fee.

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

To purchase the Products, the User is required to register or log in to this Application.

Product description

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

Although the Products on this Application are presented with the utmost technical accuracy, the representation on this Application by any means (including, as the case may be, graphic materials, images, colours, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.

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

In compliance with Regulation (EU) No 1169/2011 and applicable UK law, all legally required pre-contractual information concerning food products is provided before purchase. This includes:

• the legal name of the product,
• list of ingredients,
• presence of allergens,
• net quantity,
• storage conditions,
• minimum durability date or expiration date,
• identification details of the producer or packager.

Purchase procedure

Every step, from choosing the product to placing the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

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

Order submission

Order submission entails the following:

• The submission of the order by the user determines the conclusion of the contract and gives rise to the User’s obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• If the purchased Product requires active participation by the User, such as the provision of information or personal data, specifications or special requests, the submission of the order also constitutes an obligation on the part of the User to cooperate accordingly.
• Once the order has been submitted, Users will receive confirmation of receipt of the order.

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

Prices

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

The prices on this Application:

• include all applicable fees, taxes and costs.

Means of payment

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

Some means of payment are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Application.

All payments are handled independently by third-party services. Therefore, this Application does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed.

If the payment made with one of the available methods fails or is refused by the payment service provider, the Owner is not obliged to fulfil the order. Any costs or fees arising from the failed or refused payment shall be borne by the User.

Retention of title

Until the Owner has received payment of the full purchase price, 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 must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

In the event of damage or non-conformity of the goods upon delivery, Users must notify the Owner within 48 hours, providing a description and photographic evidence of the issue.

The Owner will assess the claim and, if accepted, may offer a refund, replacement or other appropriate remedy, in accordance with applicable consumer laws.

Delivery can be made to the following countries or territories: Member States of the European Union and Great Britain.

Delivery times are indicated on this Application or during the purchase process.

Failure to deliver

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.

If the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any delivery attempts after the second will be charged to the User.

User Rights

Right of withdrawal

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

Who has the right of withdrawal

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

Users who do not meet these requirements do not have the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express their 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 withdrawal statement 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 – appointed by the User and other than the courier – takes possession of the goods.
• In the case of the purchase of multiple 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 expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner shall refund all payments received, including, where applicable, those relating to delivery costs, to Users who have correctly exercised their right of withdrawal.

However, any additional costs arising from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner shall be borne by the User.

The refund shall be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a result of withdrawal.

Exceptions to the right of withdrawal

In accordance with applicable consumer protection laws, the right of withdrawal does not apply to contracts for:

• goods made to the consumer’s specifications or clearly personalized

• sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery

• goods which are liable to deteriorate or expire rapidly.

The food products sold through this Application may fall into one or more of these categories. Therefore, the right of withdrawal may not apply in certain cases, as permitted by law.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the Owner to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract.

The deadline is met if the goods are delivered to the courier or other authorised person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

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

The shipping costs for the return are borne by the User.

Legal guarantee of conformity of the Product

Under European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably expected for at least two years from the time of delivery to the purchaser.

Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to items available on this Application in accordance with the laws of the country in which they are habitually resident.

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

Consumers who do not act as European Consumers may enjoy warranty rights of conformity under the laws of the country in which they habitually reside.

Limitation of liability and indemnity

European Users

Indemnity

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand, including, without limitation, legal fees and expenses, made by any third party due to or in connection with negligent behaviour such as the use of or connection to the service, breach of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.

Limitation of liability for the User’s activities on this Application

Unless otherwise specified and subject to the applicable legal provisions on product liability, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the Owner’s liability for death, personal injury or physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as those strictly necessary to achieve the purpose of the contract, and/or damages caused by wilful misconduct or gross negligence, provided that the User’s use of this Application has been appropriate and correct.

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

Common provisions

No implied waiver

The failure of the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.

Language version

In the event of any discrepancy between different language versions of these Terms, the Italian version shall prevail for Users located in Italy.
For Users residing in the United Kingdom, the English version shall prevail.

Supported languages

Customer support and contractual documentation are provided in Italian and English. Users should ensure they are comfortable with one of these languages to fully understand their rights and obligations.

Interruption of the Service

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will endeavour to ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.

Furthermore, the Service may be unavailable for reasons beyond the reasonable control of the Owner, such as force major (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

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

Privacy policy

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

Intellectual property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application 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 name, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under international intellectual property laws and treaties.

Changes to the Terms

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

The changes will only affect the relationship with the User for the future.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may result in either party’s right to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract any or all of its rights and obligations under these Terms, having regard to the legitimate interests of Users.

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

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

Contacts

All communications relating to the use of this Application must be sent to the addresses indicated in this document.

Safeguard clause

If any provision of these Terms is or becomes invalid or ineffective under applicable law, the invalidity or ineffectiveness of that provision shall not affect the remaining provisions, which shall remain valid and effective.

European Users

If any provision of these Terms is or becomes void, invalid or unenforceable, the parties shall endeavour to amicably identify a valid and enforceable provision to replace the void, invalid or unenforceable provision.

If no agreement is reached within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or unenforceable provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not invalidate the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Applicable law

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

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

For Consumers residing in the EU/EEA, United Kingdom, Switzerland, Norway, or Iceland:
Disputes shall fall under the exclusive jurisdiction of the courts of the country of the User’s habitual residence, in accordance with applicable consumer protection laws.

For all other cases:
Jurisdiction is assigned exclusively to the courts of Rimini, Italy, the Owner’s place of establishment.

Dispute resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

Without prejudice to the Users’ right to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may send a complaint to the Owner’s e-mail address indicated in this document, including a brief description and, where applicable, details of the order, purchase or account concerned.

The Owner will process the request without undue delay and within 21 days of receipt.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.