Terms of service

TERMS AND CONDITIONS OF smalties.com

These Terms regulate

• the use of this Website and
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

This Website is a service of:

Smalties s.r.l.s.

Viale Certosa 128

20156 Milano

Italy

Owner's email address: info@smalties.com

What you need to know at a glance

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of mention, the clauses apply to all Users.
• The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section have general validity.

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

By using this Website, the User declares to satisfy the following requirements:

• There are no restrictions relating to Users in terms of whether they are Consumers or Professional Users;

Registration

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

It is possible to use the Service even without registering or creating an account. In this case, however, certain functions may not be available.

It is the Users' responsibility to keep their access credentials safe and confidential. 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 Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.

Account Closure

The User is free to close his/her account and cease using the Service at any time, following this procedure:

• By contacting the Owner at the contact details in this document.

Suspension and cancellation of accounts

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

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

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.

Contents on this Website

Unless otherwise specified or clearly recognizable, all contents available on this Website are 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 infringe applicable law or third-party rights. However, it is not always possible to achieve such a result.

In such cases, without prejudice to legally enforceable rights and claims, Users are kindly requested to address related complaints to the contact details specified in this document.

Rights to the contents of this Website

The Owner holds and expressly reserves all intellectual property rights on the aforementioned 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 exception, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, and from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by the legislation on copyright remain unchanged.

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 granting of rights on content, are determined by the third parties themselves and regulated in 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, according to these Terms and applicable law.

It is the User’s sole responsibility to ensure that use of this Website and/or the Service does not violate any law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to this Website or the Service, terminating contracts, reporting any objectionable activity carried out through this Website or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:

• violations of the law, regulations and/or the Terms;
• injuries to third-party rights;
• acts that may significantly harm the Owner’s legitimate interests;
• offenses to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

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

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

Product Description

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

Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.

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

Purchasing procedure

Each stage, from choosing the product to placing the order, is part of the purchasing procedure.

The purchasing 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 choice, Users can place the order by forwarding it.

Sending the order

Sending the order entails the following:

• Sending the order by the user determines the conclusion of the contract and creates the obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an action by the User, such as the provision of information or personal data, specifications or special requests, forwarding the order also creates the obligation for the User to cooperate accordingly.
• Once the order has been forwarded, 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 email address provided by the User for this purpose.

Prices

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

Prices on this Website:

• depending on the section the User is consulting include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.

Promotions and discounts

The Owner may offer discounts or special 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 Owner.

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

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner's headquarters, 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 conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of Vouchers reported on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions that follow.

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

• Each Voucher is valid only if used in the manner and within the period of time 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 can only be redeemed once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
• Vouchers are not cumulative;
• The Voucher must be used within the specified validity period. Once the period has expired, the Voucher will be automatically canceled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended exclusively for non-commercial use. Reproduction, counterfeiting and commercialisation of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.

Payment methods

Details regarding the accepted payment methods are highlighted during the purchase process.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.

All payments are managed 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 has been successful.

In the event that the payment made with one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to reimburse any related expense or damage.

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.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

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

Failure to deliver

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage 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 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 on further measures.

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

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 who act 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.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send to 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 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 withdrawal declaration 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 composed of different 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 will refund all payments received, including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund will take place 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 will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.

… on purchase contracts for 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 authorized by the Owner 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 other authorized person occurs 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 the decrease in value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The return shipping costs are borne by the User.

GUARANTEES

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

According to European legislation, 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 foreseeable for at least two years from the moment of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.

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

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

Limitation of Liability and Indemnity

Unless otherwise specified or agreed with Users, the Owner's liability for damages related to the execution of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners and employees to the extent of the law from any claim or demand - including, without limitation, legal fees and costs - made by third parties due to or in connection with conduct in violation of these Terms, third-party rights or law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, by way of negligence.

Limitation of liability for the User's activities on this Website

Unless otherwise specified and without prejudice to the applicable legal provisions, 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 liability of the Owner for death, personal injury or physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by intent or gross negligence, provided that the use of this Website by the User has been suitable and correct.

Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of damage typical for the type of contract and foreseeable at the time of conclusion.

COMMON PROVISIONS

No implicit waiver

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

Service interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to the 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 cessation of the Service activity, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of 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 for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Reselling the Service

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.

Privacy policy

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

Intellectual Property

Without prejudice to any more specific provision 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 the applicable legislation and international treaties on 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 Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable legislation and international treaties on intellectual property.

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 take effect in the relationship with the User only from the moment communicated to the User.

Continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, he/she must stop using the Service and may withdraw from the Agreement.

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

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized 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 Website must be sent to the addresses indicated in this document.

Severability clause

If any provision of these Terms should be or become void or unenforceable under the applicable law, the voidness or unenforceability of such provision shall not affect the effectiveness of the remaining provisions, which therefore remain valid and effective.

European Users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties will work to find an amicable solution to a valid and effective provision to replace the void, invalid or unenforceable 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 will be replaced by the applicable legal provisions.

Without prejudice to the foregoing, the void, invalidity or ineffectiveness of a specific provision of these Terms does not entail the voidness of the entire Agreement, unless the void, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

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

Prevalence of national law

However, regardless of the above, if the law of the country in which the User is located provides for a higher level of consumer protection, such a higher level of protection shall prevail.

Except for Consumers in Brazil

If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law shall apply.

Competent court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is based, as indicated in the relevant section of this document.

Exception for Consumers in Europe

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

Exception for Consumers in Brazil

The acid does not apply to Users in Brazil who qualify as Consumers.

DISPUTE RESOLUTION

Amicable dispute resolution

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

Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of this Website 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 email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Owner will process the request without undue delay and within 2 days of receiving it.

Consumer dispute resolution platform

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

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.

Definitions and legal references

This Website (or this Application)

The structure that allows 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 correspond to the definition of Consumer.

Voucher

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

European (or Europe)

Applies when the User, regardless of nationality, is located in the European Union.

Standard withdrawal form

Addressed to:

Smalties s.r.l.s. - Viale Certosa 128, 20156 Milano Italy

info@smalties.com

I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (Enter here a description of the goods/services you wish to withdraw from the purchase)

• Ordered on: _____________________________________________ (enter the date)
• Received on: _____________________________________________ (enter the date)
• Name of consumer(s):_____________________________________________
• Address of the consumer(s):_____________________________________________
• Date: _____________________________________________

(sign only if this form is notified in paper version)

Owner (or We)
Means 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, booking services etc.

The sale of a Product may be part of the Service, as defined above.

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

Terms
All the conditions applicable to the use of this Website and/or the provision of the Service as described in this document and in any other document or agreement linked to it, in the most updated version respectively.

User (or You)
Means any natural person who uses this Website.

Consumer
A Consumer is any User considered as such under the applicable law. 

Last modified: 08 August 2024