TERMS AND CONDITIONS
The party responsible for and the Owner of this Website is:
Federico Rossi – VAT no. 02628370203
Email address: federico.rossipen@gmail.com
TERMS OF USE
Unless otherwise specified or clearly recognizable, all content available on this Website is either owned by or provided by the Owner or its licensors.
The Owner undertakes all reasonable care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. Nevertheless, it may not always be possible to achieve this result.
In such cases, and without prejudice to any rights or claims that may be exercisable by law, Users are kindly requested to address any related complaints to the contact details specified in this document.
Rights to the Content of this Website
The Owner solely retains and expressly reserves all intellectual property rights over such content. Users are not authorized to use the content in any manner other than as necessary or implicit in the proper use of the Service.
Where expressly specified on this Website, the User is permitted to download, copy, and/or share certain content available on this Website for personal, non-commercial purposes only, provided that proper attribution of the authorship as well as all other relevant circumstances required by the Owner are observed.
Any limitations and exclusions provided by 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 therefore is not responsible for their content or availability. The terms and conditions applicable to resources provided by third parties, including any applicable rights licenses, are determined by those third parties and governed by their 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.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Website 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 relevant 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. While Products are presented on this Website with the greatest technical accuracy possible, the depiction of such Products through any means (including, as the case may be, graphic materials, images, colors, sounds) is for reference purposes only and does not imply any warranty as to the characteristics of the purchased Product.
Purchase Procedure
Every phase, from selecting the Product to the submission of the order, forms part of the purchase procedure.
Users are asked to select the desired Product and verify their purchase selection.
After reviewing the information displayed with the purchase selection, Users may submit their order.
Order Submission
The submission of the order by the User constitutes the conclusion of the contract and entails an obligation for the User to pay the price, taxes, and any additional fees and costs as specified on the order page.
If the purchased Product requires the User’s active contribution, such as providing information or personal data, specifications, or particular requests, submitting the order also results in an obligation for the User to cooperate accordingly.
Once the order has been submitted, Users will receive a confirmation of receipt.
All notifications concerning the purchase process 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 commissions, taxes, and costs (including any shipping charges) that will be charged.
Payment Methods
Details about accepted payment methods are highlighted during the purchase process.
All payments are processed independently by third-party payment service providers. Therefore, this Website does not collect any payment-related data—such as credit card numbers—but only receives notification once payment has been successfully completed.
If payment made by one of the available methods fails or is rejected by the payment service provider, the Owner is under no obligation to fulfill the order.
Should the User order an item that is mistakenly listed as available but is in fact out of stock, the Owner will not process the transaction or will refund any payment received.
Retention of Ownership
Ownership of the ordered Products is not transferred to the User until the Owner has received full payment of the purchase price.
Delivery
Deliveries are made to the address specified by the User and according to the methods indicated in the order summary. Upon delivery, Users are required to verify the contents of the package and report any anomalies to the contact details listed in this document or as described on the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery times are indicated on this Website in the FAQ section.
Failure to Deliver
The Owner is not liable in any way for delivery errors arising from inaccuracies or omissions on the part of the User in completing the purchase order, nor for any damages or delays occurring after the consignment to the carrier if the latter was commissioned by the User.
If goods are not delivered or collected at the specified time, they will be returned to the Owner, who will contact the User to arrange a second delivery attempt or other measures.
Unless otherwise specified, any subsequent delivery attempts after the first will be at the User’s expense.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
- Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
- Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 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, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Legal guarantee of conformity for goods under EU law
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on www.collectiblepens.it in accordance with the laws of the country of their habitual residence.
National laws of such country may grant such Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.
Legal guarantee on second-hand or used goods
Users acknowledge and accept that the legal guarantee on second-hand or used goods is limited to 1 year from receipt of the goods.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of www.collectiblepens.it and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of www.collectiblepens.it.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to www.collectiblepens.it are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.collectiblepens.it are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of www.collectiblepens.it must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.collectiblepens.it or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Consumer Dispute Resolution Platform
The European Commission has established an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts. Accordingly, every European Consumer may use such a platform to resolve any dispute arising from online contracts. The platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The Owner
Federico Rossi
