BOWDOO – TERMS AND CONDITIONS OF USE
The contractual conditions (hereinafter "Terms and Conditions") set out in this document and broken down by Sections 1 to 13, define the legal terms applicable to the use of the site http://www.bowdoo.com (hereinafter "Bowdoo"), any of its subdomains and any other website operated, directly or indirectly, by Bowdoo, as well as any mobile application (APP) or application developed by Bowdoo and the services provided.
We invite you to read the Terms and Conditions carefully and take into account that, using the services offered by Bowdoo, you will agree to be bound by them. The use of the website or the placing of an order will be understood as acceptance of the Terms and Conditions.
2. Who is Bowdoo
Bowdoo is an online fashion e-commerce platform that features fashion items, from many brands, through the website www.bowdoo.com.
Bowdoo is owned by IXORA TEAM srl, a company with its registered office in Italy in Trento (38121 TN) in Via Solteri 74, c.f. and p. iva: 01659630220.
GENERAL CONDITIONS OF SALE
1. Subject of the online contract and its definition
An "online" contract of sale means the distance contract, i.e. the legal shop for movable goods and/or services concluded between a supplier, IXORATEAM S.R.L. (bowdoo site manager at url: www.bowdoo.com) based in Via Solteri, 74 38121 Trento, Italy - p.iva 0165963020 - and a customer within a distance selling system organized by the supplier who, for this contract, uses remote communication technology called "internet". All contracts, therefore, will be concluded directly through access by the customer to the website corresponding to the address: http://www.bowdoo.com, following the indicated procedures, will conclude the contract for the purchase of the goods. A final consumer means a natural person who purchases goods and services for purposes not directly related to any professional activity. Below are the conditions of sale that will remain effective until they are varied by the supplier. Any changes to the conditions of sale will be effective from the moment they are published on the website and will refer to the sales made from then on.
2. Selling prices and methods of purchase
All the sales prices of the services displayed on the website, for which they constitute an offer to the public according to art. 1336 c.c., include VAT and any other tax (unless otherwise indicated). Where provided, a cost transport is made explicit on the appropriate page within the site that the customer will take care to view before confirming the purchase; in the case of delivery abroad, any additional costs due to taxes or charges provided for by the legislation in force in the State of destination will taken care by the customer. The purchase contract is stipulated through the exact compilation and consent to the purchase manifested through the "online" membership subscription. The customer can pay for the ordered goods using only the payment methods indicated online at the time of purchase and within 7 days from the date of creation of the online order.
3. Obligations of the purchaser
The consumer undertakes, once the "online" purchase procedure has been completed, to take care of the printing and preservation of these general conditions, which, moreover, he will have already seen and accepted as an obligatory condition for the purchase, as well as the specifications of the product purchased, in order to fully satisfy the condition expressed in Art. 3 and 4 of decr. Legisl. No 185/1999. The buyer is strictly prohibited from entering false, and/or invented, and/or fictional, data into the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and e-mail must be exclusively your real personal data and not of third parties, or fantasy. It is expressly forbidden to make double registrations corresponding to a single person or enter third-party data. Bowdoo reserves it self the right to legally prosecute any violation and abuse, in the interest and for the protection of all costumers.
4. Contractual termination and termination clause
IXORATEAM S.R.L. has the right to terminate the contract concluded by giving simple communication to the customer with adequate and justified reasons; in this case the customer will be entitled exclusively to the return of any sum already received and paid.
5. Jurisdiction and competent court
Any dispute relating to the application, execution, interpretation and violation of purchase contracts concluded "online" through the www.BOWDOO.com website is subject to Italian jurisdiction; these general conditions are set out, however not expressly provided for therein, to the combined provisions of Legislative Decree No 50 of 15.1.1992 and Legislative Decree No 185 of 22.5.1999. For any dispute between the parties regarding this contract, the Court of Residence of the Customer or elective domicile of the final consumer will be competent (Art. 1469 Bis N° 19). For all the others the Forum of Trento.
9) THE BOWDOO WEBSITE
The section below defines the rules applicable to your use of the website, for ordering products or simply for browsing. By using the website, you will expressly accept these rules.
The site is made available free of charge and it is up to the User to comply with all the provisions necessary to be able to access it. It is also your responsibility to ensure that everyone who accesses the site through your Internet connection is aware of these Terms and Conditions and that they accept them.
The access to the website is allowed on a temporary basis and does not include any commercial use of the website or its contents. Reproduction, copying and/or exploiting the website for commercial purposes without bowdoo's prior written consent is not permitted.
Bowdoo reserves itself the right to discontinue or modify the website without any prior notice or to limit its accessibility, in whole or in part. Bowdoo cannot be held liable if, for any reason, for the website not being available at a certain time or for a certain period.
It is not allowed to use the website in ways that may cause interruption, damage or limitation of the website or its access. You also acknowledge that you are responsible for all electronic communications and content entered on the site and are required to use the Website only for legitimate purposes. It is therefore not allowed the use of the website for the transmission, distribution, upload, posting, presentation, use or storage on the site of offensive or otherwise considered inadmissible content by Bowdoo. This type of communication includes those with pornographic and child pornography content, blasphemous, sexist, homophobic, defamatory, deceptive, obscene or offensive content, as well as insults of an ethnic, racial or religious nature, exaltation of violent or motivated acts of hatred and unlawful conduct. Communications containing advertising, market research, pyramid or chain letters, prize competitions and other materials which may give rise to civil or criminal consequences are also inadmissible.
In these cases, Boowdoo reserves the right to restrict or cancel your access to the contents of the site and to forward the content in question to the competent authorities, if it has taken place or is suspected of uploading content by the User that transgresses these Terms and Conditions (or other applicable rules), without the need for proof that a legal action or appeal has been initiated.
You are not permitted to violate, through Bowdoo, copyrights, trademarks, privacy and data processing rules or any other right, or upload material that is in any way insulting to third parties, or contains computer viruses, political campaigns, mass mailings or any form of "spam" that would cause harm , annoyance or inconvenience to anyone.
In the event of a breach of these Terms and Conditions, you will be obliged to fully compensate Bowdoo for costs, expenses, damages and losses, including any interest, fines and legal fees or other fees and professional expenses incurred by Bowdoo as a result of or in connection with the infringement committed by you.
The website may contain services or products (including add-ons and applications) offered by third parties or merchants. The use of these products may be subject to additional terms and conditions that you will need to review before use. Bowdoo rejects any liability in connection with the use of any third-party product and service.
Bowdoo does not guarantee that all or certain features of the third-party website, services or products and services will work on any specific device.
The User may create links to the website, provided that this is done correctly and legally and subject to authorization by Bowdoo, which reserves the right to revoke at any time the authorization to create the link, in its unquestionable judgment. Where the website contains links to other sites provided by third parties, these links are made available for informational purposes only. Bowdoo has no control over the content of such sites, so such links cannot be interpreted as Bowdoo's approval of linked websites. Bowdoo cannot be held liable for any loss or damage caused to you or to third parties by their use.
Bowdoo reserves the right to update or modify the website or its contents at any time. The contents of the website are provided only for general information. Bowdoo makes no statement whatsoever, nor does it provide any guarantee whatsoever, express or implied, that the website, or any content in it, is accurate, complete, up-to-date or free from errors or omissions. To the extent that this is permitted by law, Bowdoo excludes any condition, warranty, declaration or other term that may apply to the website or its contents, whether expressed or implied.
Bowdoo will not be liable to you or any third parties for any loss or damage arising out of or in connection with the use or impossibility of using the website, or the use of or dependence on any content displayed on the website.
Bowdoo makes the website available only for domestic and private use and, as such, assumes no responsibility to you for any loss of profit, commercial loss, business interruption or loss of business opportunities.
Bowdoo cannot be held liable for any loss or damage caused by viruses, Distributed Denial-of-Service attacks or other technologically harmful material that may compromise your computer equipment, computer programs, data or other material due to your use of the website or downloading content on it, or on any website linked to it.
11) INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
Bowdoo is the ower and licensee of all intellectual property rights of the website and its content (including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, including presentation and compilation of the same). Rights on the website and content are protected by international copyright laws as well as other applicable national copyright or copyright laws. All these rights are reserved. It is not permitted to systematically extract and/or reuse parts of the website or its content (for example, to create price lists and products).
Unauthorized use or copying of the contents of the website or use of the contents of the website contrary to these provisions may lead to the violation of copyrights, trademarks filed as well as legal provisions. The User is prohibited from using any content on the website (or any content available through the website) in such a way as to infringe the copyrights of third parties, registered trademarks or other rights. Bowdoo reserves the right to retaliate against those who use it as unauthorized or those who violate these Terms and Conditions. Unless expressly stated otherwise, all persons (including their names and images), registered trademarks of third parties and images of third-party products, services and/or places on the site are in no way associated with, linked or affiliated with Bowdoo. All registered trademarks/names on the site belong to their respective owners.
12) FINAL PROVISIONS
Each section of these Terms and Conditions must be considered separately. In the event that individual provisions are deemed unenforceable, the unenforceable provision will be replaced by a valid and enforceable provision that is as close as possible to the meaning of the original provision. This in no way affects the validity and applicability of the remaining provisions.
In the event of a breach of these Terms and Conditions by you, Bowdoo's failure to exercise the rights or remedies for the strict application of any provision of these Terms and Conditions may not be construed by you as waiving the right to exercise such remedies or the right to apply any of these provisions.
These Terms and Conditions represent the full manifestation of the agreements between Bowdoo and you. It cancels and replaces any previously made agreements between the Parties in relation to the same object.
Bowdoo assumes no responsibility for any failure to comply with your obligations if such non-compliance is due to force majeure. Force majeure is defined as acts or circumstances that go outside Bowdoo's reasonable control capacity such as wars, acts of terrorism, embargoes, riots, strikes, lockouts, trade union disputes, fires, floods, earthquakes or other natural disasters, breakdowns, bad weather, transport disruptions, acts of government or breakdowns in public or private telecommunications or transport networks. In such cases Bowdoo, where possible, will give adequate notice to the User.
Bowdoo undertakes to implement a complaint handling procedure to try to resolve disputes upon their occurrence, so you are urged to contact Bowdoo with any complaints or comments. For information on how to get in touch with Bowdoo, you can consult the "Contacts" section at the website.
13) APPLICABLE LAW AND COMPETENT JURISDICTION
For everything not expressly governed by these Terms and Conditions, Bowdoo and you will refer exclusively to the current legislation of the Italian legal system as it is applicable.
The User agrees that for any dispute relating to the interpretation or execution of these terms and conditions - unless it falls among those for which the law expressly provides for the inesensibility of jurisdiction by territory - the Court of Trento will be exclusively competent.