Terms and conditions
Terms and Conditions of www.guja.it
Welcome to the Terms and Conditions page of www.guja.it. This document will help you understand how you can use our services and what you can expect from us.
Introduction
These Terms govern
- the use of this Website 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.
This Website is a service of:
Guja s.r.l.- Via San Giovanni sul Muro, 13 - 20121 - Milan - Italy
Owner's email address: ecommerce@guja.it
Key information at a glance
- It should be noted that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each relevant clause. In the absence of mention, the clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website outlined in this section are generally valid.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to meet the following requirements:
- There are no restrictions for Users regarding whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by providing all the required data and information completely and truthfully.
It is possible to use the Service without registering or creating an account. However, in this case, certain features may not be available.
It is the responsibility of the Users to keep their access credentials secure and maintain their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for all activities conducted with their access credentials.
Users are required to inform the Owner immediately and unequivocally through the contact details provided in this document if they believe that their personal information, such as the User account, access credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.
Account Closure
The User is free to close their account and cease using the Service at any time by following this procedure:
- Contacting the Owner using the contact details in this document.
Account Suspension and Cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive, or contrary to these Terms.
The suspension or cancellation of the account does not entitle the User to any compensation, refund, or indemnification.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable regulations or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address related complaints to the contact details specified in this document.
Rights to the content of this Website
The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the correct 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, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website exclusively for personal and non-commercial purposes, provided that the attribution of authorship and any other relevant circumstances required by the Owner are observed.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any content rights grants, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations, or third-party rights.
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 Website or the Service, terminate contracts, report any objectionable activity carried out through this Website or the Service to the competent authorities – e.g., judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:
- violations of laws, regulations, and/or the Terms;
- infringements of third-party rights;
- acts that may significantly harm the legitimate interests of the Owner;
- offenses against the Owner or a third party.
Limitation of Liability and Indemnity
Unless otherwise specified or agreed with the Users, the Owner's liability for damages related to the execution of the Agreement will be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.
Indemnity
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, and employees to the extent of the law from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights, or law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-brand owners, partners, and employees, by way of fault.
The foregoing also applies to any claims made by third parties (including, by way of example, the Owner's customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims regarding compliance.
Limitation of liability for User activities on this Website
Unless otherwise specified and without prejudice to applicable legal provisions, any claims for damages against the Owner (or any natural or legal person acting on their behalf) are excluded.
The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the User's use of this Website has been appropriate and correct.
Unless the damages were caused by willful misconduct or gross negligence or affect life and/or personal, physical, or mental integrity, the Owner is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.
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 other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the breach of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the discretion of the Owner, to a new provision of the services or the payment of the cost for their re-provision.
USA Users
Disclaimer of Warranty
The Owner provides this Website "as is" and as available. Use of the Service is at the User's own risk. To the maximum extent permitted by law, the Owner expressly excludes 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 warranties not expressly provided for in this document
Notwithstanding the above, the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, and secure at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk, and the User is solely responsible for any damage to the computer system or mobile device or loss of data resulting from such operation or from the User's use of the Service.
The Owner does not guarantee, endorse, ensure, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlink. Furthermore, the Owner does not participate in or in any way monitor any transaction 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 damage, 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 and limitation of certain implied warranties. The above exclusions may not apply to Users.This Agreement grants Users specific legal rights. Users may have additional 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 subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be liable for
- any indirect, intentional, 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 related to the use 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 User account or the information contained therein;
- any error, omission, or inaccuracy in the content;
- personal injury or property damage, of any nature, resulting from access to or use of the Service by the User;
- any unauthorized access to the Owner's security servers and/or any personal information stored therein;
- any interruption or cessation of transmissions to or from the Service;
- any bugs, viruses, trojans, or similar that may be transmitted to or through the Service;
- any error or omission 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 parties.
In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding what the User paid to the Owner over the 12 months prior, or for the duration of this Agreement between the Owner and the 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 User had been advised of the possibility of such damage occurring.
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 have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions, or limitations of liability provided by these Terms do not apply beyond the limits permitted by applicable law.
Release
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees from and against any claim or demand, damage, obligation, loss, liability, burden, or debt and expense, including, without limitation, legal fees and expenses arising from
- the User's use of or access to the Service, including any data or content transmitted or received by the User;
- the User's violation of these Terms, including, but not limited to, any breach by the User of any representation or warranty set forth in these Terms;
- the User's violation of any third-party rights, including, but not limited to, any rights related to privacy or intellectual property;
- the User's violation of any applicable law, rule, or regulation
- any content submitted from the User's account, including, but not limited to, misleading, false, or inaccurate information, and including cases where access is made by third parties using the User's personal username and password or other security measures, if present;
- the User's willful misconduct; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers, and employees, to the extent permitted by applicable law
Common Provisions
No Implicit Waiver
The failure of the Owner to exercise rights or claims arising from these Terms does not constitute a waiver of such rights.No waiver can be considered definitive in relation to a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other modifications, providing appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the Service's activity. In the event of the Service's activity cessation, the Owner will endeavor to allow Users to extract their personal data and information and will respect Users' rights related to the continued use of the product and/or compensation, according to legal provisions.
Furthermore, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g.
infrastructural malfunctions, blackouts, etc.).
Service Resale
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without prior written consent from the Owner, either directly or through a legitimate resale program.
Privacy policy
Information on the processing of personal data is contained in the privacy policy of this Website.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Website, are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks – whether word or figurative – and any other distinctive sign, company name, service mark, illustration, image, or logo that appear in connection with this Website 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 modify the Terms at any time. In such a case, the Owner will appropriately inform the Users of the changes.
The changes will take effect in relation to the User only from the moment communicated to the User.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service and may terminate the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.
If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions relating to the amendment of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications regarding the use of this Website must be sent to the contact details provided in this document.
Severability Clause
Should any provision of these Terms be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.
US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the subject matter governed and prevail over any other communication, including any prior agreements, between the parties regarding the subject matter governed.
These Terms will be enforced to the fullest extent permitted by law.
European users
If any provision of these Terms should be or become null, invalid, or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the null, invalid, or ineffective one.
In the absence of an agreement within the aforementioned terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
Governing Law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of law rules.
Prevalence of National Law
However, notwithstanding the foregoing, if the law of the country where the User is located provides a higher level of consumer protection, such higher level of protection shall prevail.
Exception for Consumers in Switzerland
If the User acts as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law will apply.
Competent Court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.
Exceção para Consumidores no Brasil
O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.
Definitions and legal references
This Website (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 the Terms.
Brazilian (or Brazil)
Applies when the User, regardless of nationality, is located in Brazil.
Business User
Any User who does not meet the definition of Consumer.
Digital Product
It is a Product that consists of:
- content produced and provided in digital format; and/or
- a service that enables the creation, transformation, storage, or access of data in digital format, or the sharing or any other interaction with data in digital format uploaded or created by the User and any other User of this Website.
European (or Europe)
Applies when the User, regardless of nationality, is located in the European Union.
Owner (or We)
Refers to the natural or legal person that provides this Website and/or offers the Service to the Users.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in their most updated version.
User (or You)
Refers to any individual who uses this Website.
Consumer
Any User considered as such under the applicable law is deemed a Consumer.
How can we help?
In case of problems
Although we strive to create a positive user experience, we know that occasionally issues may arise between us and our users.
In that case, do not hesitate to contact us.