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 asked to read this document carefully.
This Website is a service of:
Guja s.r.l. - Via San Giovanni sul Muro, 13 - 20121 - Milan - Italy
Email address of the Owner: ecommerce@guja.it
At a glance
- Please note that certain provisions of these Terms may only apply to some 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. If not mentioned, the clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section have general validity.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares that they meet the following requirements:
- There are no restrictions on Users regarding whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by providing all the requested data and information completely and truthfully.
It is possible to use the Service without registering or creating an account. However, in such cases, certain functions may not be available.
It is the Users' responsibility to keep their access credentials secure and maintain their confidentiality. To this end, Users must choose a password that corresponds to the highest security level available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with their access credentials.
Users are required to immediately and unequivocally inform the Owner via the contact details indicated in this document if they believe 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 stop using the Service at any time by following this procedure:
- By contacting the Owner at the contact details provided 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 sole discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.
Suspension or cancellation of the account does not grant the User any right to compensation, refund, or indemnity.
Suspension or cancellation of an account due to reasons attributable to the User does not exempt the User from payment of 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 utmost care to ensure that the content available on this Website does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to rights and claims legally exercisable, Users are requested to direct related complaints to the contacts specified in this document.
Rights on the Content of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned content.
Users are not authorized 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 specified limits, 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 solely for personal and non-commercial purposes, provided that attribution to the author is observed as well as any other relevant circumstances required by the Owner.
Limitations and exclusions provided by copyright law remain in effect.
Access to External Resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any rights granted on content, are determined by those third parties and governed by their respective 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, according to these Terms and under applicable law.
It is the User's sole responsibility to ensure that the use of this Website and/or the Service does not violate laws, regulations, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable 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;
- infringement 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 shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.
Indemnity
The User undertakes to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, and employees to the extent permitted by law from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with conduct violating these Terms, third-party rights or laws, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-owners of the trademark, partners, and employees, on grounds of fault.
The foregoing also applies to any claim made by third parties (including, by way of example, the Owner's customers) against the Owner in relation to Digital Products provided by the User, such as claims regarding compliance.
Limitation of liability for User activities on this Website
Unless otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on their behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury, or physical or mental integrity damage, damages resulting 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.
Except where damages have been caused by willful misconduct or gross negligence or affect life and/or personal, physical, or mental integrity, the Owner’s liability is limited only to 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 remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and that 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, is limited, at the Owner’s discretion, to the supply of the services again or the payment of the cost of having the services supplied again.
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 fullest extent permitted by law, the Owner expressly excludes all conditions, warranties, and guarantees of any kind—whether express, implied, statutory, or otherwise, including but not limited to 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 in this document.
Without prejudice to the above, the Owner and its subordinates, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees do not guarantee that the content is accurate, reliable, or correct; that the Service will be available uninterruptedly and securely 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 their computer system or mobile device or for any data loss resulting from such operation or from the User’s use of the Service.
The Owner does not guarantee, endorse, assure, or take responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. Furthermore, the Owner does not participate in nor monitor any transactions between Users and third-party suppliers of products or services in any way.
The Service may become inaccessible or malfunction with the User’s browser, device, and/or operating system. The Owner cannot be held liable 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 or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants Users specific legal rights. Users may also have additional rights that vary from state to state. The limitations and exclusions set forth 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-owners of the trademark, partners, suppliers, and employees be held liable for
- any indirect, intentional, incidental, special, consequential, or exemplary damages, including but not limited to damages arising from 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 the User’s account or the information contained therein;
- any error, omission, or inaccuracy in the content;
- personal injury or property damage of any kind arising 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 termination of transmissions to or from the Service;
- any bug, virus, trojan, or similar that may be transmitted to or through the Service;
- any error or omission in any content or any loss or damage suffered as a result of the use of any content published, emailed, transmitted, or otherwise made available through the Service; and/or
- defamatory, offensive, or illegal conduct by any User or third parties.
In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees be held liable for any claim, proceeding, liability, obligation, damage, loss, or cost exceeding the amount paid by the User to the Owner in the preceding 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section 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 was advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, 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 disclaimers, exclusions, or limitations of liability provided in these Terms do not apply beyond the limits permitted by applicable law.
Indemnity
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, 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 arising from
- the User's use 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 breaches by the User of any representation or warranty provided by 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 sent from the User's account, including, but not limited to, misleading, false, or inaccurate information, 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 their affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees, to the extent permitted by applicable law
General Provisions
No Implied Waiver
The Owner's failure to exercise legal rights or claims arising from these Terms does not constitute a waiver of them. No waiver can be considered final regarding a specific right or any other right.
Service Interruption
To ensure the highest possible level of service, the Owner reserves the right to suspend the Service for maintenance purposes, system updates, or any other changes, providing appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the Service’s operation. In the event of cessation of the Service, the Owner will ensure that Users can extract their personal data and information and will respect Users’ rights regarding continued use of the product and/or compensation, according to legal provisions.
Furthermore, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure events (e.g., infrastructure malfunctions, blackouts, etc.).
Resale of the Service
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 this Website’s privacy policy.
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 related to this Website are exclusively held by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks – whether word or figurative marks – and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing 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 cases, the Owner will duly notify the Users of the changes.
The changes will take effect in the relationship with the User only from the date 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 withdraw from the Agreement.
The previous version will continue 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 modified Terms.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract some or all of the rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions relating to the modification 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 contacts indicated in this document.
Severability clause
If any provision of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of that provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
USA users
Any invalid or ineffective provision will be interpreted and adapted as necessary to make it valid, effective, and consistent with the original purpose.
These Terms constitute the entire agreement between the User and the Owner regarding the subject matter governed and prevail over any other communication, including any prior agreements, between the parties concerning 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 case of disagreement on the aforementioned terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal regulation.
Without prejudice to 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 Agreement are essential or of such importance that the parties would not have entered into the contract had they known the provision would be invalid, or in cases where the remaining provisions would impose an excessive 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 indicated in the relevant section of this document, regardless of conflict of law rules.
Prevalence of national law
However, regardless of the above, if the law of the country where the User is located provides a higher level of consumer protection, that 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.
Jurisdiction
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.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil who qualify as Consumers.
Definitions and legal references
This Website (or this Application)
The framework that allows 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.
Commercial User
Any User who does not meet the definition of Consumer.
Digital Product
It is a Product consisting of:
- Content produced and provided in digital format; and/or
- A service that allows the creation, transformation, storage, or access of data in digital format, or sharing or any other interaction with digital data 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)
Means the natural or legal person who provides this Website and/or offers the Service to 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 linked to it, in their most updated version.
User (or You)
Means any natural person who uses this Website.
Consumer
A Consumer means any User considered as such under applicable law.
How can we help?
In case of problems
Although we strive to create a positive user experience, we know that problems can occasionally occur between us and our users.
In that case, do not hesitate to contact us.