TERMS AND CONDITIONS OF SERVICE
Terms and Conditions of luvexia.com
These Terms govern
- the use of this Application 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.
What you need to 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 Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such a mention, the clauses apply to all Users.
- The right of withdrawal applies only to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section are generally applicable.
Additional conditions of use or access that may apply in specific situations are expressly indicated in this document.
By using this Application, the User declares to satisfy the following requirements:
- There are no restrictions on Users as to whether they are
Consumers or Professional Users;
Contents on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable laws or third-party rights. However, this is not always possible.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to direct any complaints to the addresses specified in this document.
Rights to the contents of this Application
The Owner holds and expressly 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 limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, licensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on this Application, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the authorship attribution of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The terms applicable to resources provided by third parties, including those applicable to any grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence of those, applicable law.
Permitted use
This Application and the Service may only be used within the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that his or her use of this Application and/or the Service does not violate any law, regulation, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any reprehensible activity carried out through this Application or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:
- violations of laws, regulations and/or the Terms;
- infringement of third party rights;
- actions that may significantly harm the legitimate interests of the Data Controller;
- ● offences to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Application as part of the service are paid.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
Product Description
Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
While the Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Every step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
- Users are requested to choose the desired Product and verify their purchase choice.
- After checking the information visible in the purchase selection, Users can place the order by forwarding it.
Sending the order
Placing an order entails the following:
- The submission of the order by the user determines the conclusion of the contract and creates the obligation for 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 active participation by the User, such as the provision of personal information or data, specifications or special requests, placing the order also constitutes an obligation on the User to cooperate accordingly.
- 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 fees, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Application:
- Depending on the section the User is consulting, they include all applicable fees, taxes and costs or are shown net of applicable fees, taxes and costs.
Payment methods
Details regarding the accepted payment methods are highlighted during the purchase process.
Some payment methods are subject to additional conditions or incur additional fees. Detailed information is provided in the relevant section of this Application.
All payments are handled independently by third-party services. Therefore, this Application does not collect payment data—such as credit card numbers—but receives a notification once the payment has been successfully completed.
If payment made using one of the available methods fails or is rejected by the payment service provider, the Owner is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are the User's responsibility.
Retention of title
Until the Owner has received full payment of the purchase price, 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 provided in this document or as described on 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 Application.
Delivery times are indicated on this Application or during the purchase process.
Failure to deliver
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 damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
If the goods are not delivered or collected at the time or within the agreed upon 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, each delivery attempt starting from the second will be at the User's expense.
User Rights
Right of withdrawal
The right of withdrawal is specified at the link: Right of withdrawal .
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the 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.
Exercising 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 may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable manner. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
- In the case of the 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 other than the courier – takes possession of the goods.
- In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner will refund all payments with any vouchers.
However, any additional costs resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will be borne by the User.
The refund will be made without undue delay and in any case within 14 days from the day the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same payment method used for the initial transaction. The User will not incur any fees as a result 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 the latter 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 met if the goods are handed over to the courier or other authorized person before the 14-day period described above expires. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User.
Legal guarantee 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 required to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality, or characteristics for at least two years from the time of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Application in accordance with the laws of the country in which they habitually reside.
National laws of that country may grant such Users broader rights.
Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation 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 guarantee, condition, warranty, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation that cannot be excluded, limited, or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for a breach 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 the re-supply of the services or the payment of the cost of having them supplied again.
US Users
Disclaimer of Warranty
The Owner provides this Application “as is” and as available. The use of the
The Service is at the User's own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations, 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. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly provided herein.
Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, or 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 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 download or from the User's use of the Service.
The Owner does not guarantee, endorse, warrant, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked to it via hyperlink. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or malfunction with the User's browser, device, and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising 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 you. This Agreement gives you specific legal rights. You may also have other rights that vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any
- any indirect, punitive, 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 account or any information contained therein;
- any error, omission or inaccuracy in the contents;
- personal injury or property damage, of any nature, resulting from the User's access to or use of the Service;
- any unauthorized access to the Data Controller'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
- defamatory, offensive, or illegal conduct of any User or third party. Under no circumstances will the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term 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 is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or 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 disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.
Indemnity
The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges 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;
- 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 right, including, but not limited to, any right of privacy or intellectual property;
- your violation of any applicable law, rule or regulation
- any content submitted from your account, including, but not limited to, misleading, false, or inaccurate information, including where access is made by a third party using your personal username and password or other security measures, if any;
- the User's malicious conduct; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No waiver implied
The Owner's failure to exercise any legal right or claim arising from these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Data Controller reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can withdraw their Personal Data and information in accordance with the law.
Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).
Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Privacy policy
Information on the processing of Personal Data is contained in this Application's privacy policy.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
All trademarks — denominative or figurative — and any other distinctive sign, trade name, service mark, illustration, image, or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In such case, the Owner will promptly notify Users of the changes.
The changes will only affect the relationship with the User for the future.
Continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until the User accepts it. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding modifications to these Terms apply.
The User is not authorized to assign or transfer his or her rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Application must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and prevail over any other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms will be enforced to the fullest extent permitted by law.
European users
If any provision of these Terms is or becomes void, invalid or unenforceable
ineffective, the parties will work to amicably identify a valid and effective provision to replace the null, invalid or ineffective one.
In the event 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 provisions.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Terms shall not entail the nullity of the entire Agreement, unless the null, invalid or unenforceable provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable hardship on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws principles.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users who qualify 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.
Without prejudice to the Users' right to take legal action, in the event of any disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may submit 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 in question.
The Data Controller will process the request without undue delay and within 21 days of receiving it.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .
The entity responsible for this Application is:
Luvexia - Via Lago Maggiore, 48122 Ravenna Ravenna, Italy
Owner's email address: info@luvexia.com
Definitions and legal references
This Application
The structure 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.
European (or Europe)
It defines a User physically present or with registered office in the European Union, regardless of nationality.
Standard withdrawal form Addressed to:
infoliowen@gmail.com
I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services you wish to withdraw from)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer(s):_____________________________________________
- Address of consumer(s):_____________________________________________
- Date: __________________________________________________
Owner (or We)
Indicates the natural or legal person who provides this Application and/or offers the Service to Users.
Product
A good or service that can be purchased through this Application, such as a physical 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 Application as described in the Terms and on this Application.
Terms
All conditions applicable to the use of this Application and/or the provision of the Service as described in this document as well as in any other document or agreement related to it, in the most updated version respectively.
User (or You)
Indicates any natural person who uses this Application.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes outside of his or her entrepreneurial, commercial, craft or professional activity.