1. Definitions
For the purposes of a full understanding and acceptance of these Terms and Conditions, the following expressions have the meaning set out below.
- Owner: Smooit S.r.l., with registered office in Via al Parco 15, 21010 Cardano al Campo, VAT / Tax code 03985760127, REA 393534, fully paid-up share capital of EUR 10,000.00, PEC [email protected].
- Application: the website smooit.com.
- User: any person accessing and using the Application.
- Conditions: this agreement governing the relationship between the Owner and Users.
2. Scope of application
Use of the Application implies acceptance of these Conditions by the User. If the User does not intend to accept the Conditions or any other legal notice or policy published or referenced on the website, the User must not use the Application or its related services.
The Conditions may be changed at any time and any amendments become effective upon publication on the Application.
Before using the Application, the User should read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change, at its sole discretion and at any time, the graphic interface of the Application, the contents, their organization and any other aspect concerning the operation and management of the Application, providing instructions where needed.
3. Intellectual and industrial property rights
All content of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and any adaptations, is protected by copyright law and trademark law.
The Application may also contain images, documents, logos or trademarks of third parties that have expressly authorized the Owner to publish them.
Except for strictly personal uses, Users may not copy, alter, distribute, publish or otherwise use the content without the specific authorization of the Owner.
4. Disclaimer of warranties
The Application is provided on an 'as is' and 'as available' basis. The Owner provides no express or implied warranty regarding the Application, including that it will meet Users' needs, be uninterrupted, error-free or free from viruses or bugs.
The Owner will use reasonable efforts to ensure that the Application is available without interruption 24 hours a day, but cannot be held liable if, for any reason, the Application is not accessible or operational at any time or for any period. Access may be suspended temporarily and without notice in case of system failure, maintenance, repairs, force majeure or causes beyond the Owner's control.
5. Limitation of liability
Except in cases of wilful misconduct or gross negligence, the Owner cannot be held liable to the User for disruptions or malfunctions connected to the use of the internet network outside the control of the Owner or its suppliers.
The Owner is not liable for damages, losses or costs suffered by the User due to failure to perform the contract for reasons not attributable to the Owner.
The Owner assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards or other payment methods.
In no event may the Owner be held liable for an amount exceeding twice the cost paid by the User.
The Owner is not liable for
- Any loss of business opportunity or any other indirect loss suffered by the User that is not the direct consequence of a breach by the Owner.
- Improper or unsuitable use of the Application by Users or third parties.
6. Force majeure
The Owner cannot be considered liable for any failure or delay in performing its obligations due to circumstances outside its reasonable control, including force majeure events or events that are unforeseeable and beyond its control.
Performance of the Owner's obligations is deemed suspended for the period during which such force majeure events occur.
The Owner will take any action within its power to identify solutions allowing proper fulfilment of its obligations despite the persistence of force majeure events.
7. Links to third-party websites
The Application may contain links to third-party websites or applications. The Owner does not exercise any control over them and is therefore not responsible for their contents.
Some of these links may refer to third-party websites or applications that provide services through the Application. In such cases, the general conditions prepared by those third parties apply to the use of their website, application or service, and the Owner assumes no responsibility in that respect.
8. Privacy
The protection and processing of personal data take place in accordance with the Privacy Policy available on the dedicated page of the website.
9. Governing law and jurisdiction
These Conditions are governed by Italian law.
For professional Users, any dispute relating to the Application or to the execution and interpretation of these Conditions falls under the jurisdiction of the court where the Owner has its registered office.
For consumer Users, any dispute relating to the application, execution and interpretation of these Conditions is devolved to the court of the place where the consumer User resides or has elected domicile, if located in Italy, without prejudice to the consumer's right to bring proceedings before a different competent court under articles 18, 19 and 20 of the Italian Code of Civil Procedure and article 66-bis of the Consumer Code.
Consumers who do not habitually reside in Italy remain entitled to any more favourable and mandatory provisions of the law of their country of habitual residence, including those concerning withdrawal rights, return periods and legal guarantees of conformity where applicable.
10. Online dispute resolution for consumers
Consumers residing in Europe should be aware that the European Commission has created an online platform for alternative dispute resolution. This tool can be used to resolve, out of court, disputes arising from online sales or service contracts. The platform is available at ec.europa.eu/consumers/odr/.