These Terms govern
- the use of this Website e
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is asked to read this document carefully.
This Website is a service of:
Golden Needle srl
via De' Gombruti 9, BOLOGNA, 40123
Owner's email address: golden.needle@pec.it
Know at a glance
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. These limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
- The right of withdrawal applies only to European Consumers.
TERMS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website the User declares to satisfy the following requirements:
- There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by indicating all the data and information requested 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 the Users to store their access credentials securely and 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 access credentials.
Users are required to inform the Owner immediately and unequivocally via the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, illicitly disclosed or subtracted.
Account closure
You are free to close your account and stop using the Service at any time by following this procedure:
- By contacting the Owner at the contact details in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on this Website
Unless otherwise specified 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 legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without any prejudice to legally exercisable rights and claims, Users are asked to address the relevant complaints to the contact details specified in this document.
Rights to the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.
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 and provided that attribution of authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
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 these resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the 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, according to these Terms and pursuant to applicable law.
It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or third party rights.
Therefore, the Owner reserves the right to adopt any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Site Web or the Service to the competent authorities – p. e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:
- violations of laws, regulations and/or the Terms;
- infringement of third party rights;
- acts that may significantly prejudice the legitimate interests of the Data Controller;
- 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 subject to charges.
The rates, duration and conditions 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 greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a reference only and not implies any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each phase, from choosing the product to placing the order, is part of the purchasing procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and verify their purchasing choice.
- After checking the information visible in the purchase choice, Users can place the order by submitting it.
Sending the order
Sending the order involves the following:
- Sending the order by the user determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any further charges and expenses, as specified on the order page.
- In the event that the purchased Product requires action on the part of the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate consequence.
- Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
- depending on the section that the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
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 enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Owner's headquarters, as indicated in the contact details in this document.
Means of payment
The details relating to the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information is reported in the relevant section of this Website.
All payments are managed independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that payment is unsuccessful, the Owner reserves the right to request reimbursement from the User for any related expenses or damages.
Authorization for future payments via PayPal
In the event that the User authorizes the PayPal function that allows future purchases, this Website will store an identification code linked to the User's PayPal account. In this way this Website will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
Authorization can be revoked at any time by contacting the Owner or by changing your personal PayPal settings.
Retention of title
Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchase procedure.
Delivery failure
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt starting from the second will be at the User's expense.
User Rights
Right of withdrawal
Unless an exception applies, the User may have 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 further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Where one of the exceptions listed below does not apply, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time 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
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. The User is, however, free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal deadline expires.
When does the withdrawal deadline 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 him and other than the courier - takes possession of the goods.
- In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed 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 - from them appointed and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method 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 Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry 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 having returned them.
The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User .
Guarantees
Legal guarantee of conformity of the Product according to European Union legislation
According to European legislation, 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 purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant such Users broader rights.
Consumers who are not acting as European Consumers may have conformity guarantee rights under the law of the country in which they habitually reside.
Limitation of Liability and Indemnity
Australian users
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to you, including liability for infringement 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 new provision of the services or to the payment of the cost of repeating their provision.
US users
Disclaimer of Warranty
The Owner provides this Website “as is” and according to availability. Use of the Service is at the User's own risk. To the maximum limits permitted by law, the Owner expressly excludes conditions, agreements and guarantees of any kind - be they express, implicit, statutory or otherwise, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create any guarantee not expressly provided for herein
Without limiting the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-brand 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 location; 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 your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from doing so. or your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or may not function properly with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and 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 set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances will the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, 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 or use of the Service or your account or information contained therein;
- any errors, omissions or inaccuracies in the contents;
- 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 to any personal information stored therein
- any interruption or cessation of transmissions to or from the Service;
- any bugs, viruses, Trojan horses 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 the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage occurring.
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 which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability set out in these Terms do not apply to the extent permitted by applicable law.
Indemnity
The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt 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;
- your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
- your violation of any third party rights, including, but not limited to, any privacy or intellectual property rights;
- your violation of any applicable laws, rules or regulations
- any content submitted from your account, including, but not limited to, misleading, false, or inaccurate information, including when accessed by a third party using your personal username, password, or other measures security, if present;
- the User's malicious conduct; or
- your violation of any legal provisions by you or your affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No implied waiver
Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver thereof. No waiver may be considered final with respect to a specific right or any other right.
Service Interruption
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the activity of the Service, the Owner will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, according to the provisions of the law. .
Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as causes of force majeure (e.g. infrastructural 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, expressed 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 provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the regulations and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will take effect in the relationship with the User only from the moment communicated to the User.
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not want to accept the changes, you must stop using the Service and may terminate the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.
If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The modification provisions of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the contact details indicated in this document.
Safeguard clause
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore 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 compliant with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and prevail over any other communications, including any previous agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.
European users
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the entire Agreement being void, unless the void, invalid or unenforceable provisions under 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 entail an excessive and unacceptable burden for 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 law rules.
Prevalence of national law
However, notwithstanding the foregoing, if the law of the country in which you are located provides a higher level of consumer protection, that higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Dispute Resolution
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are asked to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account affected.
The Data Controller will process the request without undue delay and within 2 days of receiving it.
Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution which facilitates the 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 Website (or this Application)
The structure that allows 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)
It applies when the User, regardless of nationality, is located in the European Union.
Standard withdrawal form
Addressed to:
Golden Needle srl via De' Gombruti 9, BOLOGNA, 40123
golden.needle@pec.it
I/we hereby notify the 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)
- Name of consumer(s):_____________________________________________
- Address of the consumer(s):_____________________________________________
- Date: _____________________________________________
(sign only if this form is notified in paper version)
Owner (or We)
Indicates the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service that can be purchased through this Website, such as a tangible 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 as well as in any other document or agreement linked to it, in the most updated version respectively.
User (or You)
Means any natural person who uses this Website.
Consumer
Any User considered as such pursuant to applicable law is considered a Consumer.
