terms and conditions of LaBonin
These Terms govern:
- the use of LaBonin, and
- any other related Agreement or legal relationship with the Holder
in a legally binding manner. Capitalised words are defined in the appropriate section of this document.
The User must read this document carefully.
Nothing in these Terms creates any employment, agency or partnership relationship between the parties involved.
About LaBonin
LaBonin is provided by:
LABONIN s.r.l.
Via Labicana 31
00184 Rome (RM)
Holder's contact email: info@labonin.com
What the User Needs to Know at a Glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly stated within each reference clause. In the absence of such specifications, the clauses shall apply to all Users.
The right of cancellation on LaBonin applies to all consumers, regardless of their habitual residence. The right of withdrawal, also commonly referred to as the 'right to cancel' in the United Kingdom, is hereinafter always referred to in this document as the 'right of withdrawal'.
TERMS OF USE
Unless otherwise stated, the terms of use detailed in this section apply generally when using LaBonin.
Individual or additional conditions of use or access may apply in certain scenarios and, in such cases, are indicated further in this document.
By using LaBonin, Users confirm that they meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Professional Users.
Account Registration
In order to use the Service, Users may register or create a User account, providing all requested data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a user account; however, this may result in limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also responsible for choosing passwords that meet the highest security standards allowed by LaBonin.
By registering, users agree to be fully responsible for all activities carried out under their user name and password.
Users are required to inform the Controller immediately and unequivocally, using the contact details set out in this document, if they believe that their personal information, including but not limited to User accounts, login credentials or personal data, has been hacked, improperly disclosed or stolen.
Account termination
Users may withdraw from their account and stop using the Service at any time in the following ways:
- By contacting the Controller directly at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, in its sole discretion, to suspend or delete at any time and without notice any User account that it deems inappropriate, offensive or in violation of these Terms.
Suspension or deletion of User accounts does not entitle Users to claims for compensation, damages or reimbursement.
Suspension or cancellation of accounts due to causes attributable to the User shall not exempt the User from payment of any applicable fees or prices.
Contents on LaBonin
Unless otherwise stated or clearly recognisable, all content available on LaBonin is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on LaBonin does not violate any applicable legal provisions or the rights of third parties. However, it may not always be possible to achieve this.
In such cases, without prejudice to the legal prerogatives of Users to assert their rights, Users are invited to preferably report any complaints using the contact details provided in this document.
Content rights on LaBonin - All rights reserved
The Owner holds and reserves all intellectual property rights to such content.
Users may therefore not use such content in ways not necessary or implied for the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sub-licence, modify, transfer/assign to third parties or create derivative works from the content available on LaBonin, nor allow third parties to do so through the User or his/her device, even without the User's knowledge.
Where explicitly stated on LaBonin, the User may download, copy and/or share certain content available on LaBonin for strictly personal and non-commercial use and provided that copyright attributions and any other attributions required by the Owner are properly implemented.
Any limitations or exceptions under copyright law shall remain unaffected.
Access to external resources
Through LaBonin, Users may have access to external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and, therefore, is not responsible for their content and availability.
The terms and conditions applicable to any resources provided by third parties, including any conditions applicable to the granting of rights to content, are derived from the terms and conditions of those third parties or, failing that, from applicable law.
Permitted use
LaBonin and the Service may only be used within the scope of these Terms and applicable law.
Users are solely responsible for ensuring that their use of LaBonin and/or the Service does not violate any laws, regulations or the rights of third parties.
Accordingly, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, including denying Users access to LaBonin or the Service, terminating contracts, as well as reporting any unlawful conduct carried out through LaBonin or the Service to the competent authorities - such as judicial or administrative authorities - if Users are guilty or suspected of:
- violate laws, regulations and/or these Terms;
- infringe the rights of third parties;
- significantly compromise the legitimate interests of the Controller;
- offend the Controller or any third party.
TERMS AND CONDITIONS OF SALE
Paid-for products
Some of the Products provided on LaBonin, as part of the Service, are made available against payment.
The rates, duration and conditions applicable to the purchase of such Products are described below and in the appropriate sections of LaBonin.
Product Description
Prices, descriptions or availability of Products are outlined in the respective sections of LaBonin and are subject to change without notice.
Although the Products on LaBonin are presented as accurately as technically possible, the representation by means of photos, images, colours, sounds or any other means is for illustrative purposes only and does not imply any guarantee as to the characteristics of the Product purchased.
The characteristics of the selected Product will be explained during the purchase procedure.
Purchase procedure
Any step, from finding a Product to placing an order, is part of the purchasing process.
The purchase procedure includes the following steps:
- Users must choose the desired Product and verify their purchase selection.
- After reviewing the information shown in the purchase selection, Users may submit their order.
Sending the order
When the User sends an order, the following applies:
- Sending an order determines the conclusion of the contract and, therefore, obliges the User 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 active intervention by the User, such as the provision of personal information or data, specifications or special requests, the placing of the order implies the User's obligation to cooperate accordingly.
- Once the order has been placed, Users will receive a receipt confirming that the order has been received.
All notifications relating to the purchase process will be sent to the email address provided by the User for this purpose.
Prices
Users are informed, during the purchase procedure and before the order is sent, of all commissions, taxes and costs (including, if applicable, delivery costs) that will be charged to them.
Prices on LaBonin are shown:
- both net and gross of any applicable fees, taxes and costs, depending on the section displayed by the User.
Payment Methods
Information on the payment methods accepted is made available during the purchase process.
Certain payment methods may only be available subject to additional conditions or costs. In such cases, the relevant information can be found in the relevant section of LaBonin.
All payments are handled independently through third-party services. Therefore, LaBonin does not collect any payment data - such as credit card details - but only receives a notification once the payment is successful.
In the event that payment by the available methods fails or is refused by the payment service provider, the Holder shall not be obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Authorisation for future PayPal payments
If Users authorise the PayPal function that enables future purchases, LaBonin will store an identification code linked to the Users' PayPal account. This will authorise LaBonin to automatically process payments for future purchases or recurring instalments of past purchases.
This authorisation may be revoked at any time by contacting the Holder or by changing the user settings provided by PayPal.
Reservation of Product Ownership
Until receipt of payment of the total purchase price by the Holder, the Products ordered do not become the property of the User.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must check the contents of the delivery and report any anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of LaBonin.
Delivery times are specified on LaBonin or during the purchase process.
Unless otherwise specified on LaBonin or agreed with Users, Products are delivered within thirty (30) days of purchase.
Non-delivery
The Owner cannot be held liable for delivery errors due to inaccuracies or incompleteness in the completion of the purchase order by the User, nor for any damage suffered by the Product after delivery to the carrier if the latter has been chosen by the User.
If the goods are not delivered or collected at the agreed time or within the agreed period, the goods shall be returned to the Holder, who shall contact the User to schedule a second delivery attempt or to agree on further action.
Unless otherwise agreed, each delivery attempt from the second onwards shall 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 any justification. Users can find more information on the conditions of withdrawal in this section.
To whom the right of withdrawal applies
The right of withdrawal is a right designed for European consumers in the case of distance contracts (because the user cannot see or try on the Products before concluding the contract). Withdrawal from the contract terminates the obligation of the contractual parties to perform the contract.
At LaBonin, the right of withdrawal applies to all consumers, regardless of where they reside.
Unless one of the exceptions mentioned below applies, Users who are Consumers are entitled to withdraw from the contract within the specified period, for any reason and without justification.
Users who do not meet this qualification may not benefit from the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, Users must send the Holder an unequivocal statement of their wish to withdraw from the contract.
For this purpose, Users may use the standard withdrawal form available in the "definitions" section of this document. However, Users are free to express their wish to withdraw from the contract by making any other unequivocal statement to that effect. In order to comply with the time limit within which they can exercise this right, Users must send their notice of withdrawal before the end of the withdrawal period.
When does the withdrawal period expire?
- For the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party - other than the carrier and designated by the User - acquires physical 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 consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Users who properly withdraw from a contract shall be reimbursed by the Holder for all payments made to the Holder, including, if any, those relating to delivery costs.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive standard delivery method offered by the Holder shall not be reimbursed.
The refund will be made without undue delay and, in any event, no later than 14 days after the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, refunds will be made using the same payment method as the one used for the initial transaction. In any case, the User shall not incur any cost or commission as a result of such a refund.
...on the purchase of physical goods
Unless the Holder has offered to collect the goods, Users shall return the goods or hand them over to the Holder, or to a person authorised by the Holder to receive them, without undue delay and in any event within 14 days from the day on which they have communicated their decision to withdraw from the contract.
The deadline is met if the goods are delivered to the carrier, or otherwise returned as stated above, before the expiry of the 14-day period for returning goods. Refunds may be withheld until receipt of the goods, or until Users have provided proof that they have returned the goods, whichever is sooner.
Users shall only 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 functioning.
The costs of returning the goods shall be borne by the User.
Legal guarantee of conformity for goods
Under EU law, for a minimum period of two years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the purchased goods have the promised quality, or the quality that can reasonably be expected, functionality or characteristics, for at least two years after they have been delivered to the buyer.
Where Users are European consumers, the legal guarantee of conformity for goods applies to items available on LaBonin in accordance with the law of the country in which they have their habitual residence.
The national laws of that country may grant such Users broader rights.
In particular, Consumers based in France may assert warranty rights within two years after delivery of the goods without being required to provide proof of the defect or lack of conformity of the goods. The time period during which the Consumer is exempted from providing proof of the defect is reduced to six months in the case of used goods.
In asserting warranty rights, consumers may choose between requesting replacement or repair of the defective good, under the conditions set out in the French Consumer Code.
This legal guarantee of conformity applies independently of any commercial guarantee that may be offered by the Holder.
Consumers may also assert warranty claims for hidden defects under the relevant provisions of the French Civil Code, choosing between cancellation of the purchase or reduction of the price.
Consumers who do not qualify as Europeans may benefit from legal guarantee of conformity rights in accordance with the law of the country in which they have their habitual residence.
Liability and indemnity
EU users
Manleva
You agree to indemnify and hold harmless the Owner and its affiliates, subsidiaries, officers, directors, agents, co-branders, partners, and employees from any claim or demand - including, without limitation, attorneys' fees and costs - made by any third party due to or arising out of or in connection with your use of or connection to the Service, your violation of these Terms, the violation of any third party rights or the violation of any law by you or your affiliates, officers, directors, agents, co-branders, partners and employees, to the extent permitted by applicable law.
Limitation of liability
Unless otherwise expressly specified and subject to the provisions of applicable product liability law, Users have no right to claim damages from the Controller (or any natural or legal person acting on its behalf).
This does not apply to damage to life, health or bodily integrity, damage resulting from the violation of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract and/or damage resulting from wilful intent or gross negligence, provided that LaBonin has been used correctly and appropriately by the User.
Unless the damage was caused by wilful misconduct or gross negligence, or concerns life, health, or bodily integrity, the Holder shall be liable only to the extent of the damage that was typical and foreseeable at the time of conclusion of the contract.
In particular, within the above limits, the Controller shall not be liable for:
- any loss of business opportunities and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of LaBonin due to force majeure or unforeseeable and unforeseeable events and, in any event, beyond the Holder's control, such as, but not limited to, breakdowns or interruptions of telephone or electricity lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the delivery of products, services or applications of third parties;
- any losses that are not a direct consequence of a breach of the Terms by the Holder.
Australian users
Limitation of liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, guarantee, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any similar state or territory legislation and 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 breach of a non-excludable right and liability which is not otherwise excluded by these Terms of Use, is limited, at our sole discretion, to re-performance of the services or payment of the cost of re-obtaining the services.
US users
Disclaimer of Warranties
LaBonin is provided "as is" and "as available". Use of the Service is at Users' sole risk. To the fullest extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties - 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 stated herein.
Without limiting the foregoing, Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will meet Users' needs; that the Service will be available at a particular time or place, without interruption or securely; 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 sole risk of Users, who are solely responsible for any damage to their computer system or mobile device or any loss of data that results from such download or use of the Service by Users.
The Owner does not warrant, endorse, assume responsibility for, or make any representations regarding any product or service advertised or offered by any third party through the Service or any website or service linked to it, and the Owner will not be a party to, or monitor in any way, any transaction between Users and any third party product or service provider.
The Service may become inaccessible or may not function properly with Users' web browser, mobile device and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation or use of this 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 certain Users. This Agreement gives Users specific legal rights, and Users may also have other rights that vary from state to state. The exclusions and limitations in this Agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the fullest extent permitted by applicable law, in no event shall the Controller and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
- any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use or inability to use the Service;
- any damage, loss or injury resulting from unauthorised access to or use of the Service or User account or the information contained therein, resulting from hacking, tampering or other unauthorised operations;
- any errors, inaccuracies or inaccuracies in the contents;
- personal injury or property damage of any kind resulting from the User's access to or use of the Service;
- any unauthorised access to or use of the Controller's secure servers and/or any personal information stored therein;
- any interruption or cessation of transmission 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 via the Service; and/or
- the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount in excess of the amount paid by User to Owner hereunder during the preceding 12 months, or for the term of this agreement between Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of the legal basis invoked (contract, tort, negligence, strict liability, etc.), even if the company has been informed of the possibility of such damages occurring.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Accordingly, the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The exclusions, limitations and disclaimers in these Terms do not apply to the extent prohibited by applicable law.
Manleva
The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, without limitation, legal fees and costs arising from:
- the use of and access to the Service by the User, including data or content transmitted or received by the User;
- breach of these Terms by the User, including, without limitation, breach of any of the representations and warranties set out in these Terms;
- infringement of third-party rights by the User, including, without limitation, any privacy rights or intellectual property rights;
- violation of any law, rule or regulation by the User;
- any content sent from the User's account, including third party access with the User's username, password or other unique security measures, if applicable, including, without limitation, misleading, false or inaccurate information;
- wilful misconduct of the User; or
- violations of statutory provisions by the User or its affiliates, managers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common Provisions
No waiver
The Holder's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a continuing or further waiver of such term or any other term.
Service Interruption
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system upgrades or any other changes, informing the Users accordingly.
Within the limits of the law, the Data Controller may also decide to suspend or terminate the Service altogether. In the event of termination of the Service, the Owner will cooperate with Users so that they can retrieve their Personal Data or information, as required by law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Holder, such as force majeure (e.g. strikes, infrastructure failures or power cuts, etc.).
Resale Service
Users may not reproduce, duplicate, copy, sell, resell or exploit any part of LaBonin and its Service without the prior express written consent of the Owner, provided directly or through a legitimate reseller programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to LaBonin's privacy policy.
Intellectual Property Rights
Except as otherwise more particularly set out in these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to LaBonin, are the exclusive property of the Owner or its licensors and are protected by applicable laws or international intellectual property treaties.
All trademarks - whether denominative or figurative - and all other distinctive signs, trade names, service marks, names, images, illustrations or logos appearing in connection with LaBonin are and remain the exclusive property of the Owner or its licensors and are protected by applicable laws or international treaties relating to intellectual property.
Amendments to these Terms
The Owner reserves the right to make changes or otherwise alter these Terms at any time. In such cases, the Owner will appropriately inform the User of such changes.
Changes shall only take effect in relation to the future relationship with the User.
Continued use of the Service implies acceptance of the revised Terms by the User. If Users do not wish to accept the changes, they must cease using the Service. Failure to accept the revised Terms may result in either party's right to terminate the Agreement.
The applicable prior version shall govern the relationship prior to acceptance by the User. The User may obtain any previous version from the Controller.
If the applicable law so requires, the Controller shall specify the date by which the amendments to the Terms shall enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations arising from these Terms, taking into account the legitimate interests of the User. The provisions concerning amendments to these Terms shall apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contact
All communications concerning the use of LaBonin should be sent using the contact information given in this document.
Safeguard Clause
Should any provision of these Terms be or become 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.
EU users
In the event that any provision of these Terms is or is held to be void, invalid or unenforceable, the parties shall use their best endeavours to agree amicably on valid and enforceable provisions to replace the void, invalid or unenforceable provisions.
In the event of non-agreement, the invalid, void or unenforceable provisions shall be replaced by the applicable statutory provisions, where permitted or provided for by the applicable law.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Terms shall not invalidate the entire Agreement, unless the separate provisions are essential to the Agreement 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 result in an unreasonable burden on one of the parties.
US users
Any invalid or unenforceable provisions shall be interpreted, construed and reformed to the extent reasonably necessary to make them valid, enforceable and consistent with the original intent. These Terms constitute the entire Agreement between the Users and the Owner with respect to the subject matter hereof and supersede all other communications, including, without limitation, all prior agreements between the parties with respect to such subject matter. These Terms shall be enforced to the fullest extent permitted by law.
Applicable law
These Terms are governed by the law of the place where the Owner is located, as set out in the relevant section of this document, without regard to principles of conflict of laws.
Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, that higher level shall prevail.
Place of jurisdiction
The exclusive jurisdiction to decide on any dispute arising out of or in connection with these Terms shall lie with the court of the place where the Owner is established, as set out in the relevant section of this document.
Exception for European Consumers
The above does not apply to Users acting as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
US users
Each party specifically waives any right to a jury trial in any court in connection with any action or dispute.
Any claims under these Terms must be raised individually and neither party may participate in a class action or other proceeding with or on behalf of any other party.
Dispute Resolution
Amicable settlement of disputes
Users may submit any dispute to the Controller, who will endeavour to resolve it amicably.
Without prejudice to the Users' right to take legal action, in the event of any dispute concerning the use of LaBonin or the Service, Users are invited to contact the Controller using the contact details provided in this document.
The User may submit a complaint including a brief description and, if relevant, details of the order, purchase or account, to the Controller's email address specified in this document.
The Controller shall process the complaint without undue delay and within 21 days of receipt.
Online Dispute Resolution for Consumers
The European Commission has set up an online platform for alternative dispute resolution that facilitates an out-of-court method to resolve any disputes relating to and arising from online sales and service contracts.
Consequently, any European consumer can use this platform for the resolution of any dispute arising from contracts concluded online. The platform is available at the following link:
https://ec.europa.eu/consumers/odr
Definitions and legal references
Last updated: 6 April 2020
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