Terms of service

Terms and Conditions of www.coolculture.it

Dear Consumer Customer,

These Terms govern

the use of this Web Site 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.

The entity responsible for this Web Site is:

Aventador Srl - via delle Baleniere 88 A, Lido di Ostia (RM) 00121

Owner's email address:info@coolculture.it

VAT: 14768151004

The purchase of the Products present on the coolculture.it website will be governed, in addition to these Premises, exclusively by the provisions in the GTC and in the "Right of Withdrawal" section.

Consumers will benefit, in particular, from all the protections provided in case of conclusion of distance contracts under Title III, Section II, of Legislative Decree no. 206 of September 6, 2005 ("Consumer Code"), in addition to all further protections provided for, in favor of Consumers, by the Consumer Code itself and any other applicable law.

Access to and use of the coolculture.co.uk site, which belongs to Aventador Srl, are governed by these terms and conditions of use and imply acceptance thereof. Acceptance of and compliance with these terms and conditions are binding, and any person who does not abide by these terms and conditions is therefore not permitted to access and use the site or download informational materials from it.

Need to know at a glance

The right of withdrawal applies only with respect to European Consumers.
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the conditions of use of this Web Site set forth in this section apply generally.

Additional conditions of use or access applicable in particular situations are expressly stated herein.

By using this Web Site you represent that you meet the following requirements:

There are no restrictions referred 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 required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.

It is the responsibility of Users to keep their login credentials secure and to preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Web Site.

By creating an account, the User agrees to be fully responsible for any activity performed with his/her login credentials.
Users are required to notify the Owner immediately and unambiguously via the contact information provided in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.

Account Closure

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

Contacting the Owner at the contact details in this document.

Account suspension and deletion

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

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

Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices, if any.

Content on this Web Site

Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address relevant complaints to the contact details specified in this document.

Rights to the contents of this Web Site

The Owner expressly owns and reserves all intellectual property rights to the aforementioned content.

Users are not authorized to use the content in any way that is not necessary for or implied by the proper 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, licensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

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

The limitations and exclusions provided by copyright law remain unaffected.

Access to External Resources

Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content or availability.

The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in their terms and conditions or, in their absence, by law.

Permitted Use

This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.

It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation or the rights of any third party.

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

violations of laws, regulations and/or the Terms;
injury to the rights of third parties;
acts that may considerably prejudice the legitimate interests of the Owner;
offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on this Web Site as part of the Service are chargeable.

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

Product Description

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

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.

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

Purchasing procedure

Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchasing procedure includes the following steps:

Users are asked to choose the desired Product to have it appear in the purchase selection, indicating specific quantities and characteristics where possible.
Users may review their choice, edit, add or remove items, and provide specific instructions where applicable.
To access the checkout area, Users must click the appropriate button.
Within the checkout area, Users will be asked in successive steps to specify their contact information, billing and shipping address, and a shipping and payment method of their choice.
During the checkout process, Users may, at any time, change, correct or replace the information provided and add a gift card, membership code or discount code (Coupon) or abandon the checkout process altogether without consequence.
After providing all the required information, Users are requested to carefully check the order and then confirm and submit it using the relevant button or mechanism on this Web Site, thereby accepting, the Terms and agreeing to pay the agreed price.

Order Submission

Sending the order entails the following:

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

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

The Owner has the right to accept or not accept the Orders received without, in case of non-acceptance or cancellation, the Customer may make rights or claims for any reason. It is understood that, in case of non-acceptance or cancellation of the Order, This site will promptly refund to Customers the amounts already paid.

If the product ordered is unavailable, the Customer will be informed immediately. In the event that this is the case, we will propose to our customer the replacement of the product with a product of similar quality and price. In the event that no product meets your requirements, you will be refunded 100% of the amount.

Pricing

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

The prices on this Web Site:

include all applicable fees, taxes and costs.
this Web Site reserves the right to change the prices of Products at any time. Any changes to Product prices will not, however, be effective with respect to Customers who have already placed an Order.

Means of Payment

Details of accepted means of payment are highlighted during the purchase process and in the footer of the site.

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

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

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

This Site reserves the right to refuse or not execute Orders that involve delivery of the relevant Products outside the territory of Italy and in the municipalities of Livigno or Campione d'Italia.

Reservation of Ownership

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

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

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

Unless otherwise specified on this Web Site or agreed with the User, Products are delivered within thirty (30) days of purchase.

Non-delivery or delayed delivery

The Holder shall not be liable for non-delivery or delayed delivery in the event that: (a) notwithstanding that it has duly and promptly procured the Products to cover the Order received, it has not been supplied on the terms and in the manner agreed with the supplier; (b) it is unable to make up for the unavailability of such Products, due to circumstances beyond its control; and (c) it has promptly notified the Customer of such unavailability of the Products.

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

Holder shall not be liable for non-delivery or delayed delivery due to force majeure. Should the force majeure cause persist for a period exceeding 30 (thirty) days, either party shall be entitled to withdraw from the contract.

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

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

USER RIGHTS

Right of Withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in the appropriate section of this Site.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.

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

Exercise of the right of withdrawal

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

The User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.

When does the withdrawal period expire?

In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and different from the courier - takes possession of the goods.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and different from the courier - takes possession of the last of the goods, lots or pieces.

Effect of withdrawal

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

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

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

... on contracts for the purchase of tangible goods

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

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

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

Return shipping costs are the responsibility of the User, unless otherwise specified in the appropriate section of this Site. In the event that the Owner offers to pick up the goods and advance the costs, the amount due will be deducted from the refund.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

Of supply of custom-made or clearly customized goods;

Legal guarantee of conformity of the Product

According to European legislation, the seller guarantees the conformity of goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

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

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

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

Limitation of liability and indemnity

Australian users

Limitation of Liability.

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

US users

Disclaimer of Warranty.

The Owner provides this Web Site "as is" and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein.

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk, and the User is solely responsible for any damage to the User's computer system or mobile device or loss of data resulting from such operation or the User's use of the Service.

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

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

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

Limitation of Liability

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

any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or User account or information contained therein;
any errors, omissions or inaccuracies in the content;
personal injury or property damage, of any nature, resulting from Your access to or use of the Service;
any unauthorized access to the Owner's security servers and/or any personal information stored therein; and
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be held liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount in excess of the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.

This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Indemnification

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

Your use of or access to the Service, including any data or content transmitted or received by You;
User's breach of these Terms, including, without limitation, any breach by User of any representation or warranty set forth in these Terms;
Your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
the violation by the User of any applicable law, rule or regulation;
any content posted from the User's account, including but not limited to misleading, false or inaccurate information, and including when accessed by a third party using the User's personal username and password or other security measures, if any;
the willful misconduct of the User; or
the violation of any legal provision by the User or its affiliates, officers, agents, brand coowners, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No implied waiver

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

Interruption of Service.

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

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

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

Resale of the Service

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

Privacy policy

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

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

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

Changes to the Terms

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

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

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

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

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

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.

The provisions regarding the amendment of these Terms shall apply.

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

Contact

All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.

Severability Clause

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

U.S. Users

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

European Users

Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavor to amicably identify a valid and effective substitute provision for the void, invalid or ineffective provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision.

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

Applicable Law

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

Exception for European Consumers

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

Jurisdiction

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

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Applicable Law and Dispute Resolution

These General Terms and Conditions of Sale are governed by and shall be construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the country of the Customer's habitual residence. Accordingly, the interpretation, performance and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent thereto shall be resolved exclusively by the Italian courts.

Amicable settlement of disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

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

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

The Holder will process the request without undue delay and within 21 days of receipt.

Consumer Dispute Resolution Platform.

The European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following available here.

Translated version. it is necessary to rely on the original Italian language version.
Last updated as of 14/09/2022