These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. Expressions with a capital letter are defined in the relevant section of this document. Users are requested to read this document carefully.

The responsible party for this Website is:

Vitrifrigo s.r.l.
Via Mazzini, 75 - Fraz. Montecchio - 61022 Vallefoglia (PU) - Italy
Email address of the Owner: [email protected]

To Know at a Glance
Please note that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each relevant clause. In the absence of such mention, the clauses apply to all Users.
The right of withdrawal applies only to European Consumers.

CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website outlined in this section have general validity. Further conditions of use or access applicable in particular situations are expressly indicated in this document. By using this Website, the User declares that they meet the following requirements:

There are no restrictions regarding whether Users are Consumers or Professional Users.

Registration
To use the Service, the User can create an account by providing all the requested data and information completely and truthfully. It is possible to use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their access credentials secure and confidential. To this end, Users should 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 activities conducted using their access credentials.
Users must immediately and unequivocally inform the Owner via the contact details provided in this document if they believe their personal information, such as their User account, access 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 details provided in this document.

Suspension and Cancellation of Account
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice if deemed 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. Suspension or cancellation of an account due to User fault does not exempt the User from paying any applicable fees or prices.

Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by 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 laws or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally exercisable rights and claims, Users are asked to direct any complaints to the specific contact details provided in this document.

Rights on Website Content
The Owner expressly holds and reserves all intellectual property rights on the aforementioned content. Users are not authorized to use the content in any way other than that necessary or implied in the proper use of the Service.
In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the specified limits, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Website, even if done unknowingly through their User account or device.
Where expressly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website solely for personal and non-commercial purposes, provided that the attribution of authorship and any other relevant indications required by the Owner are observed.
Limitations and exclusions provided by copyright law remain in effect.

Access to External Resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and agree 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 relating to any grants of rights to content, are determined by the third parties themselves and governed by their respective 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 sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations, or third-party rights. Therefore, the Owner reserves the right to take all necessary measures to protect its legitimate interests, including denying the User access to this Website or the Service, terminating contracts, reporting any censurable activities conducted 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 law, regulations, and/or the Terms;
• Infringements of third-party rights;
• Acts that may significantly prejudice the legitimate interests of the Owner;
• Offenses against the Owner or 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. Fees, duration, and terms 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 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 utmost technical accuracy, the representation on this Website through any means (including, as applicable, graphic materials, images, colors, sounds) is to be considered as a mere reference and does not imply any warranty regarding the characteristics of the purchased Product. The characteristics of the selected Product will be specified during the purchase procedure.

Purchase Procedure
Every phase, from product selection to order submission, is part of the purchase procedure. The purchase procedure includes the following steps:

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

Order Submission
Submitting the order entails the following:

• Submission of the order by the User constitutes the conclusion of the contract and creates an obligation for the User to pay the price, taxes, and any additional charges and expenses, as specified on the order page.
• If the purchased Product requires active contribution from the User, such as providing information or personal data, specifications, or special requests, submitting the order also constitutes an obligation for the User to cooperate accordingly.
• Once the order is submitted, Users will receive a confirmation of receipt of the order.
• All notifications related 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 order submission, Users are duly informed of all commissions, taxes, and costs (including any shipping fees) that will be charged to them. Prices on this Website, depending on the section the User is viewing, include all applicable commissions, taxes, and costs, or are indicated net of applicable commissions, taxes, and costs.

Payment Methods
Details regarding accepted payment methods are highlighted during the purchase procedure. Some payment methods are linked to additional conditions or incur additional costs. Detailed information is provided in the relevant section of this Website. All payments are processed independently by third-party services. Therefore, this Website does not collect payment-related data, such as credit card numbers, but receives a notification once the payment is successfully completed. In the event that payment using one of the available methods fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees arising from failed or refused payments are borne by the User.

Retention of Title
Until the full purchase price is received by the Owner, the User does not acquire ownership of the ordered Products.

Delivery
Deliveries are made to the address provided by the User and according to the methods indicated in the order summary. At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contacts provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Deliveries can be made to the countries or territories specified in the relevant section of this Website. Delivery times are indicated on this Website or during the purchase procedure.

Non-Delivery
The Owner is not responsible for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damages or delays that occur after delivery to the carrier if the carrier was appointed by the User. If the goods are not delivered or collected at the scheduled time or within the specified period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or arrange further actions. Unless otherwise specified, each delivery attempt beyond the first will be at the User's expense.

User Rights

Right of Withdrawal
Unless an exception applies, the User may exercise the right to withdraw from the contract within the specified period (usually 14 days) for any reason and without justification. Users can find more information about 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 are legally entitled to withdraw from online contracts (distance contracts) within the specified period 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 an unequivocal communication to the Owner of their intention to withdraw from the contract. To this end, the User may use the 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. To meet the deadline for exercising the right, 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 14 days from the day on which the User or a third party – appointed by them and other than the carrier – takes possession of the goods. In the case of purchasing multiple goods ordered together but delivered separately or a single good made up of different lots or pieces delivered separately, the withdrawal period expires 14 days from the day on which the User or a third party – appointed by them and other than the carrier – takes possession of the last of the goods, lots, or pieces.

Effects of Withdrawal
The Owner will refund all payments received, including, if applicable, those related to delivery costs to Users who have correctly exercised the right of withdrawal. However, the additional cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain at the User’s expense. The refund will be made without undue delay and in any case within 14 days from the day on which the Owner is 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 payment method used for the initial transaction. The User will not incur any costs as a result of the withdrawal.

On Contracts for the Purchase of Physical Goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or another person authorized 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 handed over to the carrier or other authorized person before the expiration 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 returning them. The User is responsible for any reduction in the value of the goods resulting from handling them in a way other than necessary to establish their nature, characteristics, and functioning. Return shipping costs are the User's responsibility.

Legal Warranty of Product Conformity
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 obligated to ensure that the purchased goods have the quality, functionality, or characteristics promised or reasonably expected for at least two years from the moment of delivery to the buyer. When Users act as European Consumers, the legal warranty of goods applies to the items available on this Website in accordance with the laws of the country in which they usually reside. National laws of that country may grant such Users broader rights. Consumers who do not act as European Consumers may have warranty rights under the laws of the country in which they usually reside.

Limitation of Liability and Indemnity

Australian Users

Limitation of Liability No provision of these Terms excludes, limits, or modifies any warranty, condition, indemnity, right, or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation that constitutes a right that cannot be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a re-supply of the services or the payment of the cost of having the services re-supplied.

US Users

Exclusion of Warranty The Owner provides this Website “as is” and as available. The use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes all conditions, warranties, and guarantees of any kind – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated in this document.
Notwithstanding the foregoing, the Owner and its affiliates, officers, directors, agents, trademark co-owners, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, and secure at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is done at the User’s own risk, and the User is solely responsible for any damage to their computer system or mobile device or loss of data that results from such download or use of the Service.
The Owner does not endorse, approve, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlink. Furthermore, the Owner does not participate in or monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or may not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, resulting from the content, functioning, or use of the Service.
Federal laws, some states, and other jurisdictions may not allow the exclusion and limitation of certain implied warranties. The exclusions above may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the maximum extent permitted by law.

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its affiliates, officers, directors, agents, trademark co-owners, partners, suppliers, and employees be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Service; and any damages, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the User account or any information contained therein; any error, omission, or inaccuracy in the content; personal injury or property damage, of any kind, resulting from the User’s access to or use of the Service; any unauthorized access to the Owner’s security servers and/or any personal information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojans, or similar that may be transmitted to or through the Service; any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner and its affiliates, officers, directors, agents, trademark co-owners, partners, suppliers, and employees be liable for any claim for damages, suit, liability, obligation, loss, or cost exceeding the amount paid by the User to the Owner in the 12 months preceding, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other legal theory, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, so the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may

 

Common Provisions

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

Service Interruption
To ensure the highest possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other modifications, giving suitable notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In the event of Service termination, the Owner will endeavor to ensure that Users can retrieve their Personal Data and information in accordance with legal provisions.

Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service
Users are not authorized 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, either directly or through a legitimate resale program.

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, intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Website are held exclusively by the Owner or their licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks – whether word marks or figurative – and any other distinctive signs, company names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or their licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In such cases, the Owner will provide appropriate notice of the changes to Users.

Changes will affect the relationship with the User only 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 allow either party to terminate the Agreement.

The previous version applicable continues to govern the relationship until the User’s acceptance. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date when changes to the Terms will come into effect.

Assignment of the Contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, taking into account the legitimate interests of Users.

The provisions relating to amendments of these Terms apply.

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

Contacts
All communications regarding the use of this Website must be sent to the contact details provided in this document.

Severability Clause
If any provision of these Terms is or becomes null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not affect the validity and effectiveness of the remaining provisions, which remain valid and effective.

US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and in line with the original purpose.

These Terms constitute the entire agreement between the User and the Owner regarding the regulated subject matter and prevail over any other communications, including prior agreements, between the parties regarding the regulated subject matter.

These Terms will be enforced to the fullest extent permitted by law.

European Users
If any provision of these Terms is or becomes null, invalid, or ineffective, the parties will make an effort to find a valid and effective substitute provision that replaces the null, invalid, or ineffective one amicably.

In the absence of such an agreement, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal regulations.

Notwithstanding the above, 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 provisions in the Agreement are essential or of such importance that the parties would not have concluded the contract if they had 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 laws principles.

Exception for European Consumers
However, notwithstanding the above, if the User acts as a European Consumer and resides in a country whose law provides a higher level of consumer protection, such higher level of protection will prevail.

Competent Jurisdiction
The exclusive jurisdiction to resolve any disputes arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers
The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Dispute Resolution

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

Without prejudice to Users' right to pursue legal action, in case of disputes related to the use of this Website or the Service, Users are encouraged to contact the Owner at the contact details provided 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, details of the order, purchase, or account involved.

The Owner will address the request without undue delay and within 2 days of its 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 related to and arising from online sales and service contracts.

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

Definitions and Legal References

This Website (or Application)
The structure that enables 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 Consumer.

European (or Europe)
Defines a User physically present or legally domiciled in the European Union, regardless of nationality.

Standard Withdrawal Form
To:

Vitrifrigo s.r.l. Via Mazzini, 75 - Fraz. Montecchio - 61022 Vallefoglia (PU) - Italy
[email protected]

I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (insert description of the goods/services from which withdrawal is intended)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of the Consumer(s):_____________________________________________
Address of the Consumer(s):_____________________________________________
Date: _____________________________________________
(sign only if this form is notified in paper version)

Owner (or We)
Indicates the individual or legal entity providing this Website and/or offering the Service to Users.

Product
A good or service purchasable through this Website, such as a physical 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 conditions applicable to the use of this Website and/or the provision of the Service as described in this document and in any other related document or agreement, in its most updated version.

User (or You)
Indicates any individual using this Website.

Consumer
Any individual who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their business, commercial, craft, or professional activity.

Last Modified: July 27, 2024