Terms and Conditions of Maxi-Brillian of Luebben Maximilian

 

These Terms govern

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

in a binding manner. Capitalised terms are defined in the relevant section of this document.


The User is requested to read this document carefully.

Notwithstanding that the contractual relationship relating to the purchase of such Products is solely between Owner and Users, Users acknowledge and agree that if this Website is provided to them through the Apple App Store, Apple may exercise rights under these Terms as a third party beneficiary.

The party responsible for this website is:

Maxi-Brillian di Luebben Maximilian
Corso Manfredo Fanti 25
41012 Carpi (MO)
Italy

Owner's email address: info@maxibrillian.com

‘This Website’ refers to 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 apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.
• The right of withdrawal only applies to European Consumers.
• The use of this Web Site and the Service is reserved for Users of legal age under applicable law.

 

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section apply generally.

Further conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Web Site the User declares that he fulfils the following requirements:

• There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
• The User is of legal age under applicable law;
• The User is not located in a country subject to a government embargo by the United States of America or in a country listed as a state sponsoring terrorism by the United States Government;
• The User is not included in any list of prohibited contractors by the United States Government;

 

Registration
To use the Service, the User can open an account by providing all the required data and information in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. 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 notify the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disclosed or stolen.

Account closure
You are free to close your account and cease using the Service at any time by following this procedure:

• Contacting the Owner at the contact details in this document.

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

Suspension or deletion of an account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any applicable fees or prices.

 

Contents on this Web Site
Unless otherwise stated or clearly recognisable, all content available on this Website is 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 violate applicable law or the rights of third parties. However, it is not always possible to achieve this.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their 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 over the aforementioned contents.

Users are not authorised to use the contents in any way that is not necessary or implicit for the proper use of the Service.

In particular, but without any exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on this Web Site, the User is authorised to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions provided for by copyright law remain unaffected.

 

Access to external resources
Through this Website Users may have access to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and regulated in their terms and conditions or, in their absence, by law.

 

Permitted Use
This Web Site and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any laws, regulations or the rights of third parties.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing

• violations of law, regulations and/or the Terms
• infringement of the rights of third parties
• acts which may considerably prejudice the legitimate interests of the Controller;
• offences against the Controller or a third party.

 

Software licence
Any intellectual or industrial property right as well as any other exclusive right existing on the software or technology integrated in or related to this Website is held by the Owner and/or its licensor.

Provided that the User complies with these Terms and notwithstanding any provision to the contrary contained herein, the Owner grants the Users a revocable, non-exclusive, non-transferable and non-sublicensable licence to use the software and/or technology integrated in the Service within the framework and for the purposes of this Website and the Service offered.

The licence does not include any right to access, use or disclose the original source code to the User. The techniques, algorithms and procedures contained in the software and related documentation are the exclusive property of the Owner or its licensor.

The granting of rights and licences to the User shall cease with immediate effect in the event of termination or expiry of the Agreement.

 

API terms of use
Users can access their data on this Website through the Application Program Interface (API). Any use of the API, including through third party products or services that access this Website, is subject to the Terms and in addition to the following specific conditions:

• the User expressly acknowledges and agrees that the Owner shall not be liable for any damage or loss resulting from the User's use of the API or third party products or services accessing data through the API.

 

TERMS AND CONDITIONS OF SALE

Paid-for Products
Some of the Products offered on this Web Site as part of the service are chargeable.

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

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

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.

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

 

Purchasing procedure
Each step, 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 to have it appear in the purchase selection, indicating specific quantities and characteristics where possible.
• Users may review their selection, edit, add or remove items, and, where applicable, provide specific instructions (e.g., “send it with a courtesy receipt”).
• To access the checkout area, Users must click the appropriate button.
• Within the checkout area, Users will be asked in subsequent steps to specify their contact information, billing and shipping address, and a shipping and payment method of their choice.
• Within the checkout area, Users, can access their account, if they have one. Users will be asked in subsequent steps to confirm their registered billing and shipping address and to specify a shipping and payment method of their choice. Users who do not have an account can open one during the checkout process. Accounts are created through Shopify and allow Users access to current order status and purchase history. To receive information regarding the processing of personal data and related rights, Users may consult the privacy policy of Shopify and this Web Site.
• During the purchase process, Users may, at any time, change, correct or replace the information provided and add a gift card, affiliate code or discount code (Coupon) or abandon the purchase process altogether without any consequence.
• After providing all the required information, Users are requested to carefully check the order and then confirm and submit it using the relevant button or mechanism on this Web Site, thereby accepting, the Terms and agreeing to pay the agreed price.

Order Submission
Sending the order entails the following:

• The submission of the order by the User determines the conclusion of the contract and gives rise to the User's obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the part of the User to cooperate accordingly.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications regarding the purchase process described above will be sent to the e-mail address provided by the User for this purpose.

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

For deliveries to countries outside the European Union, additional costs may be incurred, such as exchange rate fees or import duties or taxes (e.g., customs duties).

Customs duties or other charges are the responsibility of the recipient.



The prices on this Web Site:

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

 

Promotions and Discounts
The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Web Site.

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 actionable by Users in the future.

As applicable, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, time limitations on promotions and discounts are intended to refer to the time zone of the Holder's location as indicated in the contact information in this document.

 

 

Coupons
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 Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate fora, including the courts, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, irrespective of the provisions that follow.

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

• Each Voucher is valid only when used in the manner and within the time period 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 may be redeemed only once per purchase and may therefore be redeemed only once even in the case of installment purchases;
• Vouchers are not cumulative;
• The Voucher must be used within the specified validity period. Once the term has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including to a refund of the value of the Voucher, is excluded;
• The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.

 

Means of Payment
Details of accepted means of payment are highlighted during the purchase process.

Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.

All payments are handled independently by third-party services. Therefore, this Web Site does not collect payment-related data-such as credit card numbers-but receives a notification once the payment is successful.

In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

 

Authorization for future payments via PayPal
In the event that the User authorizes the PayPal feature that allows future purchases, this Web Site will store an identification code linked to the User's PayPal account. This will allow this Web Site to automatically process payments for future purchases or periodic installment payments for a past purchase.

This authorization can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.

Reservation of Ownership
Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Reservation of Rights of Use
Until receipt of payment of the full purchase price by the Holder, the User does not acquire the rights of use of the Products ordered.

 

Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information provided herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may be to the countries or territories specified in the relevant section of this Web Site.

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

For deliveries to countries outside the European Union, additional charges may be incurred, such as exchange rate fees or import duties or taxes (e.g. customs duties).

Customs duties or other charges are the responsibility of the recipient.

Additional costs as they vary from case to case. (size, value, etc.).

If the consignee/buyer refuses to pay them, the carrier will decide what to do with the item. All costs incurred, such as shipping back to Maxi-Brillian or destruction of the item by the carrier, will be borne by the buyer and deducted from the amount initially paid from the refund.

 

Non-delivery
The Holder shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.

In the event that the goods are not delivered or picked up at the time or within the time specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree to further action.

Unless otherwise specified, each delivery attempt from the second will be the responsibility of the User.

Delivery of Digital Content
Unless otherwise specified, digital content purchased on this Web Site is delivered via download to the device(s) chosen by the User.

Users acknowledge and agree that in order to download and/or use the Product, the chosen device(s) and respective software (including operating systems) must be legal, in common use, up-to-date and in line with current market standards.

Users acknowledge and agree that the ability to download the purchased Product may be limited in time and space.

Provision of Services.
The service purchased will be performed or made available at the times indicated on this Web Site or in the manner communicated prior to placing the order.

 

User Rights

Right of Withdrawal
Unless an exception applies, the User may enjoy 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 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 acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal
In order to exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.

For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his or her 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 statement before the withdrawal period expires.

When does the withdrawal period expire?

• In case of 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 different from the courier - takes possession of the goods.

• In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several 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 different from the courier - takes possession of the last of the goods, lots or pieces.

• In the case of contracts for the provision of a service, the withdrawal period expires after 14 days from the day of conclusion of the contract, unless the User has waived the right of withdrawal.
• In the case of contracts for the purchase of digital content not provided on a tangible medium, the withdrawal period expires after 14 days from the day of conclusion of the contract, unless the User has waived the right of withdrawal.

Effect of withdrawal
The Holder shall refund all payments received including, if made, those relating to delivery charges to Users who have properly exercised their right of withdrawal.

However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the responsibility of the User.

The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

... on contracts for the purchase of tangible goods
Unless the Holder has offered to collect the goods, the User is obliged to return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the carrier or other authorized person occurs before the expiration of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return of the goods.

The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and operation.

 

Return shipping costs are the responsibility of the User.

... on contracts relating to a service
If the User exercises the right of withdrawal after requesting that the provision of the service commence before the end of the withdrawal period, the User shall be obliged to pay the Holder a fee proportionate to the part of the service provided up to the time when the User informed the Holder of his intention to withdraw with respect to the entire service under the contract.

The fee will be calculated on the basis of the contractually agreed price and will be proportional to the portion of the service provided up to the time when the User exercises withdrawal with respect to the entire service under the contract.

Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:

• Of supply of digital content on non-material medium, when the performance is initiated with the express consent of the User and with the acceptance to lose the right of withdrawal;
• Of supply of custom-made or clearly customized goods;
• of supply of sealed goods that are not suitable to be returned for hygienic or health protection related reasons and have been opened after delivery;
• where the Consumer has specifically requested a visit by the Holder for the purpose of carrying out urgent repair or maintenance work. If, in connection with such visit, the Holder provides services in addition to those specifically requested by the Consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal shall apply to such additional services or goods;
• of providing services after the service has been fully performed, when performance has begun with the express consent of the User and with the acceptance that the right of withdrawal will be lost upon full performance of the contract;

Legal warranty of conformity of the Product
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 obliged to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which they ordinarily reside.

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

Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.

 

Limitation of liability and indemnity

European Users

Indemnification
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, and employees from any claim or demand - including, without limitation, legal fees and expenses - made by any third party due to or in connection with culpable conduct such as using or connecting to the Service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.

Limitation of liability for User's activities on this Web Site
Except where otherwise specified and subject to applicable product liability provisions of law, all claims for damages against the Owner (or any person or entity acting on its behalf) are excluded.

The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User's use of this Web Site was fit and proper.

Unless the damages were caused with malice or gross negligence or affect life and/or personal, physical or mental integrity, the Owner shall be liable only to the extent of the damages typical for the type of contract and foreseeable at the time of conclusion.

In particolare, nei limiti sopra riportati, il Titolare non si assume alcuna responsabilità per quanto riguarda:

• eventuali mancati guadagni o altre perdite, anche indirette, che l’Utente potrebbe aver subito (quali, a mero titolo esemplificativo, perdite commerciali, perdita di ricavi, di profitti o risparmi preventivati, perdita di rapporti contrattuali o commerciali, perdita di avviamento o danni alla reputazione, etc.);

• danni o perdite derivanti da interruzioni o malfunzionamenti di questo Sito Web dovuti a cause di forza maggiore o eventi imprevisti ed imprevedibili e, in ogni caso, indipendenti dalla volontà e fuori dal controllo del Titolare, quali, a mero titolo esemplificativo, guasti o interruzioni delle linee telefoniche o elettriche, della connessione Internet e/o di altri mezzi di trasmissione, inaccessibilità di siti web, scioperi, calamità naturali, virus e attacchi informatici, interruzioni di fornitura dei prodotti, servizi o applicazioni di terzi;

• eventuali perdite che non siano conseguenza diretta di una violazione dei Termini da parte del Titolare;

Australian users

Limitation of Liability.
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Holder's option, to a re-supply of the Services or payment of the cost of re-supplying them.

 

US users

Disclaimer of Warranty.
The Owner provides this Web Site “as is” and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties 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 shall create any warranty not expressly set forth herein

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be 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 downloaded at the User's own risk, and the User is solely responsible for any damage to the User's computer system or mobile device or loss of data resulting from such operation or the User's use of the Service.

The Owner does not warrant, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third party providers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device, and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.

Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be held liable for

• any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; and
• any damage, loss or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or User account or the information contained therein;
• any errors, omissions or inaccuracies in the content;
• personal injury or property damage, of any nature, resulting from Your access to or use of the Service;
• any unauthorized access to the Owner's security servers and/or any personal information stored therein; and
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
• any errors or omissions 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 Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and 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 basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Indemnification
User agrees to defend, indemnify, and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from

• Your use of or access to the Service, including any data or content transmitted or received by You;

User's breach of these Terms, including, but not limited to, any breach by User of any representation or warranty set forth in these Terms;

• Your violation of any third party rights, including, but not limited to, any rights related to privacy or intellectual property;
• your violation of any applicable law, rule or regulation; or
• any content posted by User's account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by a third party with User's personal username and password or other security measures, if any
• the willful misconduct of the User; or
• the violation of any legal provision by the User or its affiliates, officers, agents, brand coowners, partners, suppliers and employees, to the extent permitted by applicable law

 

Common provisions

No implied waiver
The Holder's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to a specific right or any other right.

Interruption of Service.
In order to ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will endeavor to ensure that Users can extract their Personal Data and information in accordance with legal requirements.

In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages etc.).

Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.

Privacy policy
Information on the treatment of Personal Data is contained in the privacy policy of this Web Site.

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 relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks - denominative or figurative - and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms
The Owner reserves the right to change the Terms at any time. In such case, the Owner will give appropriate notice of the changes to Users.

The changes will only affect the relationship with the User in the future.

Continued use of the Service implies User's acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.

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, having regard to the legitimate interests of the Users.

The provisions regarding the amendment of these Terms shall apply.

Users are not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contact
All communications pertaining to the use of this Web Site should be sent to the contact details set out in this document.

Severability Clause.
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.

The previous applicable version continues to govern the relationship until User's acceptance. Such version may be requested from the Owner.

If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.

U.S. Users
Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.

European Users.
If any provision of these Terms should be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective substitute provision for the void, invalid or ineffective 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 statutory provision.

Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on either party.

Applicable Law
The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict of law rules.

Exception for European Consumers
However, notwithstanding the foregoing, if You act as a European Consumer and are ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Jurisdiction.
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as set forth in the relevant section of this document.

Exception for European Consumers
The foregoing 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.

Although this is without prejudice to Users' right to bring an action in court, in case of disputes concerning the use of this Web Site or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

Users may direct a complaint to the Holder's e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.

The Holder will process the request without undue delay and within 2 days of receipt.

Consumer Dispute Resolution Platform.
The European Commission has introduced 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.

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 Web Site (or this Application).
The facility 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 a Consumer.

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

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

Standard withdrawal form
Addressed to:

Maxi-Brillian di Luebben Maximilian Corso Manfredo Fanti 25 41012 Carpi (MO) Italy
info@maxibrillian.com

I/We hereby give notice of withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (insert here a description of the goods/services from whose purchase you intend to withdraw)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Nome del/dei consumatore/i:_____________________________________________
Indirizzo del/dei consumatore/i:_____________________________________________
Data: _____________________________________________
(sign only if this form is served in paper version)

 

Owner (or Us)
Means the person or entity that provides this Web Site and/or offers the Service to Users.

Product
A good or service that can be purchased through this Web Site, such as a tangible good, digital files, software, reservation services etc.

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

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

Terms
All terms and conditions applicable to the use of this Web Site and/or the provision of the Service as described herein as well as in any other document or agreement related thereto, in its most current version respectively.

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

Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.