noviello terms of use

These Terms govern the use of noviello.it and 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 requested to read this document carefully.

Noviello.it is a service:

Piero Noviello - Naples 80122 Italy

Owner's email address: [email protected]

To know at a glance

• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the conditions of use of noviello.it set out in this section have general validity.

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

By using noviello.it, the User declares to meet the following requirements:

• There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;

Registration

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

It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on noviello.it.

are required to inform the Owner immediately and unambiguously using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disseminated or withdrawn.By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.

Registration requirements

The registration of a User account on noviello.it is subject to the conditions specified below. By registering for an account, the User confirms that they meet these conditions.

Account closure

The User is free to close his account and cease using the Service at any time, following this procedure:

• By contacting the Data Controller at the contact details in this document.

Account suspension and deletion

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.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.

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.

Content on noviello.it

Unless otherwise specified or clearly recognizable, all content available on noviello.it is owned or provided by the Owner or its licensors.

such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the related complaints to the addresses specified in this document.The Owner takes the utmost care to ensure that the content available on noviello.it does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.

Rights on the contents of noviello.it

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 exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on noviello.it, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on noviello.it, the User is authorized to download, copy and/or share certain content available on noviello.it exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.

The limitations and exclusions provided for by copyright legislation remain unchanged.

Access to external resources

Through noviello.it 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 the 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 relative terms and conditions or, in their absence, by law.

In particular, on noviello.it Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through noviello.it. By clicking on any of these advertisements, the User will be interacting with the third party responsible for the advertisement.

The Owner is not responsible for what may arise from such interaction with third parties, from accessing third party sites or from the use of third party content.

Permitted use

Noviello.it and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

It is the User's sole responsibility to ensure that the use of noviello.it and/or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to noviello.it or to the Service, terminate contracts, denounce any reprehensible activity carried out through noviello. it or the Service to the competent authorities - p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:

• violations of law, regulation and/or the Terms;
• infringement of third party rights;
• acts that may considerably prejudice the legitimate interests of the Data Controller;
• offenses to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on noviello.it as part of the service are subject to payment.

The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of noviello.it.

Product Description

Prices, descriptions and availability of the Products are specified in the respective sections of noviello.it and are subject to change without notice.

Although the Products on noviello.it are presented with the greatest accuracy technically possible, the representation on noviello.it by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and not implies no guarantee regarding the characteristics of the Product purchased.

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

Sending the order

Placing your order involves the following:

• The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an 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 User's obligation to collaborate with 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 e-mail address provided by the User for this purpose.

Prices

During the purchase procedure 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 novelello.it:

• depending on the section that the User is consulting, they include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.

Means of payment

The details relating to the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of noviello.it.

The payment methods marked as such are managed directly by the Owner. The Owner collects and stores the data necessary for the management of payments and for the fulfillment of related legal obligations. To receive further information on the processing of personal data and the relative rights, the User can refer to the privacy policy of noviello.it.

Any other payment methods, if any, are provided independently by third party services. In these cases, noviello.it does not collect any payment information - such as credit card details - but receives a notification from the third party supplier concerned when the payment is successfully completed.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to be reimbursed for any related expenses or damages.

Reservation of rights of use

Until payment of the full purchase price is received by the Owner, the User does not acquire the rights to use the Products ordered.

Delivery

Provision of services

The purchased service will be performed or made available within the times indicated on noviello.it or according to the methods communicated before forwarding the order.

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.

There is no right of withdrawal from contracts concluded with the Owner. It may, however, be applicable to contracts entered into with the Sellers. Where applicable, the right of withdrawal from contracts concluded with the Sellers through noviello.it is subject to the conditions and definitions indicated by each Seller on noviello.it.

Limitation of Liability and Indemnification

Australian users

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or defense which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory laws and which constitutes a right which 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 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 for the repetition of their provision.

US users

Warranty Disclaimer

The Owner provides noviello.it "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes 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, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document

Notwithstanding the foregoing, 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, uninterruptedly and securely, 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 the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from 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 or any website or service connected by 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 malfunction with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.

Federal law, 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 specific legal rights. Users may have additional rights which 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, 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 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 of, 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 User account or the 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 Data Controller's security servers and/or any personal information stored therein
• any interruption or termination 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 suffered 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-brand owners, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount exceeding the one 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 section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner had 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 also have other rights which vary from jurisdiction to jurisdiction.The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.

Indemnity

The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of

• your use of or access to the Service, including any data or content you transmit or receive;
• your breach of these Terms, including, without limitation, any breach by you of any representations or warranties set forth in these Terms;
• your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
• your violation of any applicable law, rule or regulation
• any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's personal username and password or other measures security, if any;
• the willful conduct of the User; or
• the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, 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 deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to 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 for any other modification, giving appropriate notice to 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 Service, the Owner will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to continued use of the product and/or compensation, according to the provisions of the law .

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit noviello.it or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of noviello.it.

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 noviello.it are held exclusively by the Owner or by its licensors and are protected under international legislation and 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 noviello.it are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.

Changes to 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 the User does not want to accept the changes, he must stop using the Service and can withdraw from 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 inform Users in advance of 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 contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.

The provisions relating to the modification 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 noviello.it must be sent to the addresses indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US users

Terms will be enforced to the fullest extent permitted by law. Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.

European users

event of failure to comply with the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual 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 rules.

Prevalence of national law

However, notwithstanding the foregoing, if the law of the country where you are located provides for a higher level of consumer protection, that higher level of protection prevails.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to 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.

While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of noviello.it or the Service, Users are kindly requested 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, details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements.

Therefore, every European consumer or consumer 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

Noviello.it (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)

This applies when the User, regardless of nationality, is located in the European Union.

Owner (or us)

Indicates the natural or legal person that supplies noviello.it and/or offers the Service to Users.

Product

A product or service that can be purchased through noviello.it, such as physical goods, digital files, software, booking services, etc.

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

Favor

Service offered through noviello.it as described in the Terms and on noviello.it.

Conditions

All terms and conditions applicable to the use of noviello.it and/or the provision of the Service as described in this document, as well as in any other document or agreement associated with it, in the most recent version.

User (or you)

Refers to any natural person using noviello.it.

Consumer

Any User deemed to be such under applicable law is considered a Consumer.