Terms & Conditions
General conditions of use
This website www.ermannoscervino.com with its related services and content (hereinafter the "Website") is made available to users and/or customers (hereinafter the "Users" or "User") for the promotion and sale of consumer goods by Dernamaria Srl and for the provision of related services, such as, for example, the newsletter and contact form (hereinafter the "Purposes").
The Website is operated by Dernamaria Srl with registered office in via di Tizzano 169 Bagno a Ripoli 50012 Florence, Economic Administrative Index (REA), FI - 547168, Tax reference number and VAT No. 05441650487, SHARE CAPITAL: 100.000 euro, (hereinafter the "Operator"), on the authorisation of Dernamaria Srl with registered office in via di Tizzano 169 Bagno a Ripoli 50012 Florence, which has sole rights to the Website.
Access, browsing, registration and any use of the Website and its related content and services, as well as the purchase of products offered for sale on the Website (hereinafter "Use" or "Utilization"), is regulated by these general conditions of use (hereinafter "General Conditions of Use").
1) Use of the website
1.1) Users are permitted to use the Website for personal use only strictly related to the Purposes and not for any activity of a professional, entrepreneurial, artisan and/or commercial nature, even partially.
1.2) Use of the Website is only permitted for persons over the age of 18.
1.3) In using the Website, Users undertake to refrain from:
a. providing information and/or data which is false, incorrect and/or relating to third parties, without the latter having given consent and/or making improper use of such information or data;;
b. uploading, disclosing and/or transmitting material, content, links, files and anything else that:
I. is of an obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or illegal nature;
II. constitutes spam, pyramid or chain communications or other forms of advertising or commercial or promotional communications not authorised by the Operator in writing;
III. is of a technically dangerous or harmful nature (such as, for example, computer viruses, malware, codes and other tools that may damage Operator and third party IT systems);
c. interferes with, interrupts, damages, violates and/or tampers with the Website and its normal operation;
d. violates third party rights, the General Conditions of Use and Sale on the Website and/or any provision of the law in force, such as, by way of example, Law No. 633, 22 April 1941 on copyright and Legislative Decree No. 196, 30 June 2003 as supplemented and amended by Regulation 679/2016/EU on the protection of personal data.
1.4) The User acknowledges and agrees that everything sent or communicated to the Operator or the Website owner through the Website itself (except for personal data) does not constitute confidential material and is not owned by the User, but becomes and remains the property of the Website owner, and in all circumstances is understood to have been submitted free of cost, any rights to use and any right, title or interest, including those deriving from copyright.
1.5) The Operator reserves the right to interrupt, suspend and/or prevent Use of the Website, under any circumstances, for discretionary reasons and without obligation to disclose those reasons. The User acknowledges and accepts that the Operator will under no circumstances be held responsible for any interruptions or suspensions of and/or exclusions from Use of the Website.
2) Intellectual and industrial property rights and databases
2.1) Any rights to the content made available on the Website or related to it (such as, but not limited to, text, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source codes, software, design), as well as to the technology used, the structure and architecture of the Website and databases (hereinafter the "Content") are and remain the property of the Operator and any other rights holders and are protected by applicable national laws and international agreements on the protection of intellectual and/or industrial property rights and/or databases.
2.2) Without prejudice to the use of the Website for the Purposes, the modification, reproduction, publication, transfer, dissemination and/or other use, in any form and manner, of the Content without the Operator’s express written consent is prohibited.
2.3) It is understood that under no circumstances does the User acquire any rights to the Content of the Website through its use.
2.4) The User must not carry out any activity that is in breach of the normal operation of the Operator’s database and the relative owners who deal directly and/or indirectly with the Operator, or cause them unjustified injury.
2.5) In accordance with the provisions of the national and international legislation in force to protect intellectual and industrial property rights and/or databases, extraction and/or systematic use of the Website Content, through data mining, robots and other data acquisition and extraction systems, as well as the creation and/or dissemination of data collections that reproduce the Website Content and the services provided in whole or part, is strictly prohibited without the prior written consent of the Operator and other rights holders.
3) Trademarks and domain names
3.1) The trademarks, domain name and all other distinguishing features, registered or not, contained in and/or related to the Website are the exclusive property and at the disposal of [•].
3.2) Any use, in any form and way, without the prior written consent of [•] is prohibited. Use of such distinguishing features in a way which creates confusion among users or denigrates or discredits the [•] trademark and related parties and the owner, is also prohibited.
3.3) Use of the names of the Operator, Website owner and parties who have a direct and/or indirect commercial relationship with the Operator, as well as their distinguishing features such as domain names and trademarks, through metadata or in any other form (such as, for example, meta tags and keyword tags), without the prior written consent of the Operator or the respective owners is prohibited.
4) Links to other websites
4.1) The Website may feature hyperlinks or links to other Websites that have no connection with the Website.
4.2) These links are provided by the Operator exclusively to assist User web navigation and to link with other Websites.
4.3) The provision of a link does not imply any kind of endorsement, sponsorship and/or recommendation by the Operator with regard to the use of the linked Websites, nor constitute any kind of guarantee regarding the relative content, services and/or goods offered and/or sold.
4.4) The Operator has no control over linked Websites, nor over the information, material and products contained therein, and therefore the User takes note and acknowledges that the Operator can not be held responsible for the actions, services, products, content and policies of these Websites, including in relation to personal data processing and terms of sale.
5) Links to the website
5.1) Hyperlinks to this website are possible with the Operator’s written authorisation. For this purpose, contact the Operator at the following email address: firstname.lastname@example.org The Operator reserves the right to revoke consent to direct links to the Website at any time and without the need to provide any justification. Revocation of consent must be considered automatic in all circumstances where the applicant has put in place unfair commercial practices or those not in line with industry standards, as well as in cases of unfair or discrediting competition with regard to the Operator and the Website owner.
5.2) The use of deep hypertext links to the Website (such as, but not limited to, deep links or deep frames) without the Operator’s prior written consent is prohibited.
6) Personal account use
6.1) The User undertakes to provide correct and complete data during personal account registration and to promptly notify the Operator of any changes to the data provided.
6.2) Any User with a personal account on the Website undertakes to keep his/her login credentials confidential and to ensure the proper operation of the account, providing immediate notification of any unauthorised use or attempted use of his/her account by third parties.
6.3) The User agrees that they are solely responsible for all actions on the account, as well as any arising harmful consequences or damage to the Operator, or third parties, following the use of the personal account in violation of the General Conditions of Use, other legal notices contained on the Website and/or current applicable regulations, as well as the loss and deletion of login credentials.
6.4) The Operator reserves the right to suspend, modify or cancel the personal account of any User in violation of the General Conditions of Use, other legal notices on the Website and regulations in force from time to time, or by virtue of the discretionary decision of the Operator who has no obligation to provide grounds for such a decision. The User acknowledges and accepts that the Operator will under no circumstances be held responsible for any suspension, modification and/or cancellation of his/her personal account.
7) Guarantees and liability for use of the website
7.1) The Operator allows the User to use the Website as found and without any type of guarantee, expressed or implied, to the User.
7.2) The Operator does not guarantee the proper functioning of the Website and those that are indirectly linked to it. To the extent permitted by law, the Operator will not be liable for any type of damage resulting from the use of the Website and of linked third party websites, such as, but not limited to, damages to computer systems, damages from loss of data or commercial opportunities, damages from interruption of economic activity or resulting from errors, delays, omissions or inaccuracies on the Website.
7.3) The User acknowledges and agrees that under no circumstances can the Operator be said to have failed his obligations or be responsible for any damage caused by the failure or incorrect use of the hardware and software of the User and/or third parties, of telephone and/or online links not managed directly by the Owner, as well as by actions of other Users and/or third parties.
7.4) The User is solely responsible for his/her use of the Website. Under no circumstances can the Operator be held liable in the event that the User uses the Website in a manner contrary to the regulations of the legal system in force from time to time, to legal notices on the Website and/or in a manner detrimental to the rights of third parties. The User undertakes to indemnify and hold the Operator harmless with regard to any charge and damage, including legal fees, that may arise for the Operator or the owner of the Website from Use of the Website by the User in a manner contrary to the regulations of the law in force, to the legal notices contained in the Website and/or that infringes the rights of third parties.
8.2) For the use of certain services provided at the request of the User, specific information must be provided and separate consent to the processing of personal data will be requested where necessary.
9.1) The Operator has taken every precaution to prevent the publication of content describing or representing scenes or situations of physical or psychological violence or which may be considered offensive by the User or harmful to standards of civility, human rights and the dignity of individuals, in all its forms and expressions. Under no circumstances does the Operator guarantee that the content of the Website is appropriate or lawful in other countries outside of Italy. However, if such content is considered unlawful or illegal in some of these countries, access to the Website is not recommended and should the User decide to access it, the Use of the services provided is the exclusive and personal responsibility of the User.
9.2) The Operator reserves the right to modify - at any time and with no obligation to provide any notification - any information, content and other element of the Website, except as provided by the legal notices on the Website and the regulations of the law in force.
9.3) Any tolerance of the part of the Operator and/or third parties with which it has even indirect commercial relationships, in the event of User breaches or conduct contrary to the General Conditions of Use, other legal notices of the Website and regulations of the law in force do not constitute tacit acceptance of such conduct or renunciation of the prerogative to assert its rights.
10) Applicable law and dispute resolution
10.1) These General Conditions of Use must be interpreted in the context of Italian law and are governed by the same.
10.2) In the event of disputes between the Operator and the User arising from the General Conditions of Use, the User can access the online dispute resolution platform provided by the European Commission through the link https://webgate.ec.europa.eu/odr
10.3) Disputes that cannot be resolved through the procedures outlined in the preceding paragraph will be devolved to the jurisdiction of the Italian Judge (Court of Florence) and subject to Legislative Decree 206/2005 (Consumer Code) and the provisions aimed at protecting consumers residing in European Union member states.
11) Changes to the conditions of use
11.1) The Operator may change the General Conditions of Use in whole or in part, including on the basis of any regulatory changes and/or of its commercial policies. Users will be notified of changes to the General Conditions of Use on this page of the Website and the conditions will be binding as soon as they are published on the Website.
11.2) The User will be subject to the regulations of the General Conditions of Use from time to time in force at the time he/she makes use of the Website.
12) Customer care
12.1) For assistance with Products, more information, suggestions, complaints and/or other requests, Customers can contact the Operator’s customer care service at any time with the Contact form provided or: - via email: email@example.com
General conditions of sale
These general conditions of sale (hereinafter the "General Conditions of Sale") regulate the offer and sale of goods on this Website www.ermannoscervino.com (hereinafter the "Website").
Goods purchased on the Website (hereinafter "Products") are sold directly by Diana E-Commerce Corporation S.R.L. registered office in Torreglia (PD) at via San Daniele No. 137/139, 35038, Economic Administrative Index (REA), TAX REFERENCE NUMBER and VAT NO. 05097740285, SHARE CAPITAL EURO 10,100, (hereinafter the "Seller"), on authorisation of Dernamaria Srl, registered office in via di Tizzano 169 Bagno a Ripoli 50012 Florence.
To send a purchase order it is necessary to have read and accepted these General Conditions of Sale. Failure to accept the General Conditions of Sale will render purchases on the Website impossible.
1.1) The General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for Products on the Website between the Seller and Website users.
1.2) The Seller offers Products for sale and carries out its e-commerce activity through the Website exclusively for end users who are over the age of 18 and "consumers", i.e. natural persons acting for reasons not related to any activity of a commercial, entrepreneurial, artisan and/or professional nature (hereinafter the "Customer").
1.3) The offer and sale of Products refers exclusively to countries on the list of delivery countries to be found on the relevant page of the Website, accessible through the Homepage
1.4) The Seller, therefore, reserves the right not to process orders from parties other than "consumers" and/or minors, from countries not included in the list of delivery countries or, in any circumstances, orders that do not comply with its commercial policy.
1.5) The General Conditions of Sale do not regulate the sale of goods or the provision of services by parties other than the Seller, even where present on the Website through links, banners or other means. It is the responsibility of the Customer to check the conditions of sale, before sending orders and purchasing goods and services from parties other than the Seller. The seller is therefore not responsible for the sale of goods and/or the provision of services by third parties and/or the conclusion of agreements between the Customer and third parties.
2) Product purchase orders
2.1) To purchase of one or more Products on the Website, the Customer must select the Products he/she intends to purchase and add them to the shopping cart. Once the Products have been selected, the Customer must proceed to checkout on the shopping cart page, fill in the electronic order form, according to the instructions, and forward it to the Seller.
2.2) Orders can be placed in Italian, English, French, German, Spanish and Russian.
2.3) The Customer can purchase Products either through their personal account, where registered on the Website, or by using the "guest" user mode and providing the personal information required to fulfil the order.
2.4) The order form contains a reference to the General Conditions of Sale, as well as a summary of the main characteristics and price of each Product ordered, the accepted means of payment and shipping methods of the purchased Products, shipping costs, conditions for exercising the right of withdrawal and methods and times for returning purchased Products.
2.5) Before proceeding to purchase the Products by submitting the order form, the Customer is obliged to read the General Conditions of Sale carefully and may also print, store or make copies of the same for personal use. By submitting the order form, the Customer declares to have understood and approved the content of the form itself, as well as to having accepted the General Conditions of Sale and Use of the Website, failing to do so will render it impossible to proceed with the order.
2.6) Before submitting the purchase order form, the Customer can check the details of the order, as well as identify and correct any errors in the information entered.
2.7) Submission of the order form by the Customer obliges him/her to pay the price indicated on the order.
2.8) Once the purchase order has been accepted, the Seller will send the Customer, via email, a receipt of the purchase order, containing a summary of the General Conditions of Sale, information concerning the essential characteristics of the Products and a detailed breakdown of the price, the means of payment, the conditions and procedures for exercising the right of withdrawal and the shipping costs.
2.9) The Seller reserves the right not to accept purchase orders that are incomplete or incorrect, that do not give sufficient solvency guarantees or where Products are not available. In these circumstances, the Seller will promptly, and in any event within 14 days from the day following the order, inform the Customer by email that the contract has not been concluded and that the Seller has not processed the purchase order. In the event that the Customer has already submitted the order form and paid, the Seller will refund the amount paid.
2.10) The order form will be kept on the Seller’s database for the time necessary to process orders and in compliance with the law. Customers can view orders placed by accessing the My Account page.
3) Product Characteristics
3.1) Only original products with the "Ermanno Scervino" trademark are offered for sale on the Website on the authorisation of Dernamaria Srl and/or any parties authorised by the same.
3.2) The essential characteristics of the Products are shown on the Website in each Product description. However, the images and colours of the Products offered for sale may not correspond to the actual product due to differences with the Internet browser and/or monitor used.
3.3) Each Product is sold on the Website with its relative identification tag which is an integral part of the Product itself.
4.1) The Product prices indicated on the Website are expressed in local currency and do not include delivery and shipping costs which will be clearly indicated at the beginning of the Product purchase process.
4.2) Product prices may be subject to change. Therefore, the Customer undertakes to check the final sale price before submitting the order form.
4.3) Accepted payment methods can be found on the Payment page of the Website, as well as on each purchase order form, and are an integral part of the General Conditions of Sale.
4.4) The Product price and delivery costs, as indicated in the order form, will be debited at the time the Seller ships the Products.
4.5) Where payment is made by credit card, financial information (for example, credit/debit card numbers or expiry dates) is encrypted and forwarded to banks or companies providing related remote electronic payment services, without any third party having access to them in any way. Furthermore, such information will never be used by the Seller other than to complete the purchase for which they were provided and to issue related Product refunds following the exercise of the right of withdrawal, or where necessary to prevent the commission of fraud on the Website or to report the same to the police.
4.6) If the Product is delivered to a member state of the European Union, the Product sold will not be subject to any customs clearance costs, such as import taxes and/or duties. Where delivery is to a country outside the European Union, Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Customs clearance costs can not be anticipated by the Seller and are borne by the Customer in all circumstances. For more information, the Customer should contact the customs office in the delivery country.
5) Delivery of products
5.1) Products ordered on the Website are delivered by express courier. The costs, methods and terms of Product delivery are indicated on the "Delivery" page, as well as on each purchase order form, and form an integral part of the General Conditions of Sale.
5.2) Product delivery times indicated on the Website refer exclusively to working days and explicitly exclude weekends and holidays.
5.3) IThe Customer must place the purchase order on the Website page relating to the country where the product is to be delivered. The Website should automatically recognise the country from which the Customer is accessing the site, but it is possible to change Website Country using the list of delivery Countries on the relevant page of the Website. Orders placed on a part of the Website relating to a Country other than the destination country, or to an address not accepted by the courier appointed by the Seller (such as, for example, Post Offices and P.O. Boxes), will not be accepted. In the case of Italy only, the Website is not authorised to deliver to Livigno, Campione d’Italia, San Marino and the Vatican City.
6) Right of withdrawal
Exercising the right of withdrawal
6.1) The Customer has the right to withdraw from the contract with the Seller, free of charge and without providing any reason, within 14 days from the day of taking possession of the Products purchased on the Website.
6.2) P2 To exercise the right of withdrawal, the Customer can send written and explicit notice of the decision to withdraw to the Seller, providing their reference details (name, surname, address and email), the date on which the order was placed and date on which the Products were received, the order number and details of the Products purchased.
Notice of withdrawal must be sent to the Seller via - .email: firstname.lastname@example.org.
6.3) When exercising the right of withdrawal, direct Product replacements are not possible; to purchase a new Product, the Customer must place a new and separate order.
6.4) The Customer is responsible for any loss in the value of the Products resulting from their handling other than that necessary to establish their nature, characteristics and condition.
6.5) The Seller reserves the right not to proceed with the withdrawal procedure if Products are returned without the identification tag.
6.6) The right of withdrawal can not be exercised if:
- Products have been made to measure or personalised;
- Products are liable to rapidly deteriorate or expire;
- sealed Products were opened after delivery and are not suitable for return for hygiene or health protection reasons;
- Products were inseparably mixed with other goods after delivery;
- Products were sealed audio or video recordings or sealed software that were opened after delivery.
Return times and methods
6.7) Products subject to withdrawal must be returned to the Seller. To proceed with the return, the Customer must send back the returned Products, within 14 days from the date on which the Customer gave notice to the Seller, to email@example.com.
6.8) The direct costs of returning Products will be charged to the Customer.
6.9) It is recommended, where possible, to return Products in the original packaging.
Refund times and methods
6.11) On receipt of the returned Products, the Seller will make all necessary checks on the condition of the Products in relation to the terms indicated in this Art. 6.
6.12) Providing the checks are satisfactory, the Seller will send the Customer the relative confirmation of acceptance of the returned Products via email and refund the price of the returned products.
6.13) The Seller will make the refund using the same means of payment of the Customer’s initial purchase, unless the latter has expressly agreed otherwise. Where the recipient of the Products and the person who made the payment are different, the Seller will refund the person who made the payment, unless otherwise agreed.
6.14) If the methods and terms for exercising the right of withdrawal are not followed, as specified in this Art. 6, the Customer will not be entitled to the refund of amounts already paid to the Seller; however, the Customer may, at their own expense, recover the Products in the condition in which they were returned to the Seller.
7) Legal Conformity guarantee
7.1) In addition to the defects warranty of goods sold, the Seller provides a legal conformity guarantee for Products as provided for by Title III of Part IV of Legislative Decree No. 206 of 6 September 2005 (Consumer Code). This guarantee states that the Seller is responsible for defects of conformity of products sold that occur within 2 years from delivery of the products. To take advantage of the conformity guarantee, the Customer must, under penalty of forfeiture, report any defect in the Product purchased to the Seller within 2 months of its discovery. In case of a defect of conformity reported within the deadline, the Customer can choose whether to ask the Seller to repair or replace the goods, without incurring expenses in either case, unless the requested remedy is objectively impossible or excessively expensive compared to the other. The Customer may also request, at his/her choice, a reasonable price reduction or termination of the contract in cases where repair and replacement is impossible or excessively burdensome, should the Seller have not repaired or replaced the goods within a reasonable term or should the replacement or repair previously carried out have caused the Customer considerable inconvenience. In order to benefit from the conformity guarantee, it is recommended that the Customers retains and can provide the Product purchase documents. For more information on the legal conformity guarantee for consumers, the Customer is invited to consult the Consumer Code.
8.2) For the use of certain services provided at the request of the Customer, specific information must be provided and separate consent will be requested at the time of collection of personal data where necessary.
9) Applicable law and dispute resolution
9.1 The General Conditions of Sale must be interpreted in the context of and are governed by Italian law and in particular by the provisions of Legislative Decree No. 206 of 6 September 2005, the "Consumer Code", with specific reference to the provisions on distance selling contracts and Legislative Decree No.70 of 9 April 2003 on certain aspects relating to e-commerce.
9.2) In the event of disputes between the Seller and any Customer arising from the General Conditions of Sale, the Customer can access the online dispute resolution platform provided by the European Commission through the link https://webgate.ec.europa.eu/odr.
9.3) Disputes that cannot be resolved through the procedures outlined in the preceding paragraph will be devolved to the jurisdiction of the Italian Judge (Court of Florence) and subject to Legislative Decree 206/2005 (Consumer Code) and the provisions aimed at protecting consumers residing in European Union member states.
10) Changes to the general conditions of sale
10.1) The Seller may change the General Conditions of Sale at any time, including on the basis of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Website. Therefore, Customers are invited to regularly access the Website and before making any purchase to consult the most up-to-date version of the General Conditions of Sale.
10.2) The General Conditions of Sale applicable to each contract concluded by the Customer through the Website are those in force on the date the purchase order is submitted.
11) Customer care
11.1) For assistance with Products, more information, suggestions, complaints and/or other requests, Customers can contact the Owner’s customer care service:
- by email: firstname.lastname@example.org