TERMS AND CONDITIONS OF SERVICE

These Terms govern:

• The use of this Application and;
• Any other Agreement or legal relationship with the Owner in a legally binding way. Capitalized expressions are defined in the relevant section of this document.

The User must read this document carefully.

The Owner of this Application is:

Mycromart srl Via San Secondo, 15 10128 Turin (TO) – ITALY Owner's email address: ale.imoda@mycromart.it

AT A GLANCE

The right of withdrawal applies only to European Consumers.

It should be noted that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of any mention, clauses apply to all Users.

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CONDITIONS OF USE

Unless otherwise specified, the conditions of use detailed in this section have general validity.

Additional conditions of use or access applicable in particular situations are explicitly stated in this document.

By using this Application, Users confirm to meet the following requirements:

• There are no restrictions for Users in regard to whether they are Consumers or Professional Users;

REGISTRATION

To use the Service, the User can open an account providing all required data and information in a complete and truthful manner.

The Service can also be used without registering or creating an account. In such cases, however, some features may not be available.

It is the User's responsibility to keep their login credentials securely and to maintain their confidentiality. Users are also required to choose a password that matches the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for all activities conducted through their login credentials.

Users must immediately and unambiguously inform the Owner via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, has been violated, unlawfully disseminated or stolen.

ACCOUNT CLOSURE

Users can close their accounts and stop using the Service at any time by following this procedure:

• Contacting the Owner at the contact details provided in this document.

SUSPENSION AND ACCOUNT TERMINATION

The Owner reserves the right to suspend or cancel a User's account at any time at its own discretion and without notice, if deemed inappropriate, offensive or in violation of these Terms.

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

The suspension or deletion of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

CONTENT ON THIS APPLICATION

Unless otherwise specified or clearly recognized, all content available on this Application is owned by or provided to the Owner or its licensors.

The Owner takes the utmost care so that the content available on this Application does not violate applicable law or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal rights and claims, Users are kindly asked to address their complaints using the contact details specified in this document.

CONTENT RIGHTS ON THIS APPLICATION

The Owner holds and expressly reserves all intellectual property rights for the aforementioned content.

Users are not allowed to use the content in any way that is not necessary or implicit in the proper 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, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, as well as allowing third parties to do such activities through their User account or device, even without User knowledge.

Where explicitly indicated on this Application, the User may download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes, provided that the authorship of the work is observed as well as any other circumstances requested by the Owner.

Limitations and exclusions of liability provided by copyright law remain unaffected.

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.

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

PERMITTED USE

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

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

Therefore, the Owner reserves the right to take any appropriate measures 

to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever a User engages or there is a suspicion that they engage in the following:

• Violations of the law, regulations, and/or these Terms;
• Infringement of the rights of third parties;
• Acts that may significantly prejudice the legitimate interests of the Owner;
• Offenses to the Owner or a third party.

TERMS AND CONDITIONS OF SALE

PAID PRODUCTS

Some of the Products offered on this Application as part of the Service are provided on a payment basis.

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

PRODUCT DESCRIPTION

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

While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through 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 purchased Product.

The characteristics of the selected Product will be outlined during the purchasing process.

PURCHASE PROCEDURE

Each step, from choosing a product to order submission, is part of the purchase process.

The purchase process includes the following steps:

• Users are asked to choose the desired Product and verify their purchase choice.
• After having reviewed the information displayed in the purchase choice, Users may place the order by submitting it.

ORDER SUBMISSION

Submitting the order entails the following:

• The submission of the order by the User constitutes an agreement to pay the price, taxes, and any other associated costs and expenses, as specified on the order page.
• In the event the purchased Product requires active input from the User, such as the provision of personal information or data, specific requests, or special instructions, the submission of the order also implies the User's obligation to cooperate accordingly.
• Upon submission, Users will receive a confirmation of the order receipt.

All notifications related to the described purchasing process will be sent to the email address provided by the User for such purposes.

PRICES

Users are duly informed of all fees, taxes, and costs (including any shipping costs) that they will be charged during the purchasing process, and before order submission.

Prices on this Application:

• Depending on the section the User is browsing, include all applicable fees, taxes, and costs or are listed net of applicable fees, taxes, and costs.

PROMOTIONS AND DISCOUNTS

The Owner may offer discounts or provide special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions specified in the relevant section of this Application.

Promotions and offers are granted at the Owner's sole discretion.

Repeated or periodic promotions or discounts do not create any claim/right for the Users in the future.

Depending on the case, discounts and promotions are valid for a certain period or until stocks are exhausted. Unless otherwise specified, time limitations for promotions and discounts are intended to refer to the time zone of the Owner's headquarters, as indicated in the contacts in this document.

VOUCHERS

Promotions and discounts may be offered in the form of Vouchers.

If the conditions applicable to Vouchers are violated, the Owner is entitled to legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate actions to protect its rights and interests, including actions in judicial proceedings to defend its rights and interests.

Any additional or diverging provisions applicable to the use of the Vouchers reported on the information page or on the Voucher itself prevail in any case, regardless of the following provisions.

Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used in the manner and within the time frame specified on the website and/or Voucher;
• The Voucher can be redeemed only in full at the time of purchase – partial use is not permitted;
• Unless otherwise specified, one-time Vouchers can be redeemed only once per purchase and therefore can be redeemed only once even in the case of installment purchases;
• Vouchers are not cumulative;
• The Voucher must be used within the validity period specified. After the expiration date, the Voucher will be automatically voided. Any rights, including reimbursement of the Voucher value, are excluded;
• The User has no right to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended exclusively for non-commercial use. Reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.

PAYMENT METHODS

Details on accepted payment methods are highlighted during the purchasing process.

Some payment 

methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this Application.

All payments are independently processed through third-party services. Therefore, this Application does not collect payment information – such as credit card numbers – but receives notification once the payment has been successfully completed.

If the payment through the available means fails or is refused by the payment service provider, the Owner is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment are the User's responsibility.

RESERVATION OF OWNERSHIP

Until receipt of the full purchase price by the Owner, the User does not acquire ownership of the ordered Products.

DELIVERY

Deliveries are made to the address specified by the User and in the manner specified in the order summary.

Upon delivery, Users must verify the contents of the package and promptly report any anomalies to the contact details set out in this document or as described in the delivery note. Users can refuse to accept the parcel if it is visibly damaged.

Delivery can 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 purchasing process.

FAILURE TO DELIVER

The Owner cannot be held responsible for any delivery errors due to inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays after delivery to the courier if the latter is entrusted by the User.

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

Unless otherwise specified, any attempt of delivery starting from the second will be at the User's expense.

USER RIGHTS

RIGHT OF WITHDRAWAL

Unless exceptions apply, the User may have the right to withdraw from the contract within the specified period (usually 14 days) for any reason and without justification. Users can find more information on the right of withdrawal in this section.

WHO ENJOYS THE RIGHT OF WITHDRAWAL

Unless one of the exceptions listed below applies, Users who act as European Consumers are granted by law the right to withdraw from online (distance) contracts within the specified time period for any reason and without needing justification.

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

EXERCISING THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal, the User must send to the Owner an unequivocal communication of their 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 form. To meet the withdrawal deadline, it is sufficient for the User to send the withdrawal communication before the withdrawal period expires.

WHEN DOES THE WITHDRAWAL PERIOD EXPIRE?

• For the purchase of goods, the withdrawal period expires 14 days after the day the User or a third party – appointed by them and other than the carrier – takes possession of the goods.
• For the purchase of multiple goods ordered together but delivered separately or in the case of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day the User or a third party – appointed by them and other than the carrier – takes possession of the last of the goods, lots, or pieces.

EFFECTS OF WITHDRAWAL

The Owner refunds all payments received including, if made, those covering the costs of delivery to Users who have correctly exercised their right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the least expensive standard delivery offered by the Owner, remains the User's responsibility.

The reimbursement is made without undue delay and, in any case, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as the initial transaction. The User does not incur any costs as a result of the withdrawal.

… ON CONTRACTS FOR THE PURCHASE OF PHYSICAL GOODS

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or another person authorized by them to receive them without undue delay and, in any event, within 14 days from the day they communicated their intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or another authorized person occurs before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having sent them back.

The User is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.

**The cost of returning the goods is the responsibility of the User**

Legal Warranty of Conformity for Products

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

If Users act as European Consumers, the legal warranty of conformity for goods applies to items available on this Application in accordance with the laws of the country where they habitually reside.

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

Consumers who do not act as European Consumers might enjoy rights of conformity warranty under the legislation of the country in which they habitually reside.

LIMITATION OF LIABILITY AND INDEMNITY

Australian Users

Limitation of Liability

No provision of these Terms excludes, limits, or modifies any warranty, condition, indemnity, right, or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation, 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 the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new supply of the services or the payment of the cost for the resupply of their provision.

US Users

Warranty Disclaimer

The Owner provides this Application "as is" and on an "as available" basis. The use of the Service is at the User's own risk. To the maximum extent permitted by law, the Owner expressly excludes all conditions, agreements, 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 will create any warranty not expressly stated herein.

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

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Service or any hyperlinked website or service. Furthermore, the Owner does not take part in nor 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 responsible for any perceived or actual damage arising from the content, operation, or use of the Service.

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

Limitation of Liability

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

any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising from 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 the User's account or the information contained therein; any errors, mistakes, or inaccuracies in the content; 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 Owner'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 incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;

and/or

• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, 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 exceeding the amount paid by the User to the Owner during the 12 months prior to the event giving rise to the liability, or the period of duration of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability applies to the fullest 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 had been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, so the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability in these Terms shall apply to the extent permitted by law.

Indemnity

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 claim or demand, damage, obligation, loss, liability, cost or debt, and expense, including, without limitation, legal charges and fees, arising from

• the use of or access to the Service by the User, including any data or content transmitted or received by the User;
• the User's violation of these Terms, including, without limitation, the User's breach of any of the representations and warranties herein;
• the User's violation of any third-party rights, including, but not limited to, any right to privacy or intellectual property rights;
• the User's violation of any applicable law, rule, or regulation;
• any content that is submitted from the User's account, including misleading, false, or inaccurate information and also including the case where access is made by third parties with the User's personal username and password or other security measures, if any;
• the User's willful misconduct; or
• the violation of any legal provision by the User or his affiliates, officers, agents, co-brand owners, partners, suppliers, and employees, to the extent allowed by applicable law.

COMMON PROVISIONS

No Waiver

The Owner'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 considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the highest level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, giving appropriate notice to Users.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons beyond the Owner’s reasonable control, such as "force majeure" (e.g., labor actions, infrastructural breakdowns, blackouts, etc.).

Service Resale

Users are not allowed to reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of this Application.

Intellectual Property

Without prejudice to any more specific provision contained in these Terms, the intellectual property rights, such as copyrights, trademarks, patents, and designs related to this Application, are exclusively held by the Owner or its licensors and are protected by the laws and international treaties applicable to intellectual property.

All trademarks - whether wordmarks or figurative - and any other distinctive signs, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected by the laws and international treaties applicable to intellectual property.

Changes to These Terms

The Owner reserves the right to modify these Terms at any time. In such cases, the Owner will provide notice to Users of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service signifies the User's acceptance of the updated Terms. If the User does not wish to accept these changes, the User must cease using the Service. Failure to accept the updated Terms may result in each party's right to terminate the Agreement.

The applicable previous version will govern the relationship until the User accepts the User. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date 

by which the modifications to the Terms will take effect.

Assignment of the Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any rights or obligations under these Terms, taking into account the User's legitimate interests.

Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written consent of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

If any provision of these Terms is, or becomes, void, invalid, or unenforceable under applicable law, the voidness, invalidity, or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain valid and enforceable.

US Users

Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective, and consistent with its original purpose. These Terms constitute the entire agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including prior agreements, between the parties concerning such subject matter. 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, the parties shall endeavour to amicably determine a valid and enforceable provision substituting the void, invalid, or unenforceable part. In case of failure to agree within the above terms, the void, invalid, or unenforceable provision will be replaced by the applicable statutory law.

Notwithstanding the above, the nullity, invalidity, or unenforceability of one specific provision of these Terms does not nullify the entire Agreement, unless the void, invalid, or unenforceable provisions are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

Applicable Law

The Terms are governed by the law of the place where the Owner is established, as disclosed in the relevant section of this document, without regard to its conflict of law provisions.

Exception for European Consumers

However, notwithstanding the above, if the User qualifies as a European Consumer and has their habitual residence in a country whose law provides for a higher consumer protection standard, such higher standards shall prevail.

Competent Jurisdiction

The exclusive jurisdiction to resolve any dispute arising from or connected with these Terms lies with the courts of the place where the Owner is established, as disclosed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers or Consumers domiciled in Switzerland, Norway, or Iceland.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to the Owner, who will try to resolve them amicably.

While Users' right to take legal action shall remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit a complaint by sending an email to the Owner's email address specified in this document, giving a brief description and, if applicable, the details of the order, purchase, or account involved.

The Owner 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 non-judicial resolution of disputes for online purchases and service contracts.

Thus, any European Consumer can use such a platform for resolving any dispute stemming from online contracts without going to court. The platform is available at the following link.

Definitions and Legal References

This Application (or 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 these Terms.

Business User - Any User that does not qualify as a Consumer.

Coupon - Any code or voucher, in digital or paper format, which allows the User to purchase the Product at a discounted price.

European (or Europe) - Applies to any User physically present or with a registered office in the European Union, regardless of nationality.

Standard Withdrawal Form - Addressed to:

Mycromart srl Via San Secondo, 15 10128 Torino (TO) – ITALY
ale.imoda@mycromart.it

With this notice, I/we inform you of my/our withdrawal from my/our sales contract of the following goods/services:

_____________________________________________ (insert here a description of the goods/services from which I/we intend to withdraw)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________

owner (or We) - Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Product - A good or service available for purchase through this Application, such as a physical good, digital files, software, booking services, etc. The sale of a Product could be part of the Service as defined above.

Service - The service provided by this Application as described in these 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 any other document or agreement related to it, in its most updated version.

User (or You) - Indicates any natural person who uses this Application.

Consumer - Any individual who uses goods or services for personal purposes outside of his or her trade, business, craft, or profession.