TERMS - CONTRACTUAL INFORMATION - PRIVACY POLICY - GDPR - COMPLIANCE

TERMS - CONTRACTUAL INFORMATION - PRIVACY POLICY - GDPR - COMPLIANCE

COMPANY NAME: CHIOMAKER® SRL

COTTOLENGO SQUARE 3

CORNELIANO D'ALBA 12040 (CN)

VAT number 02841580042

REA NUMBER: CN-240772

ATECO CODE: 96.02.01

UNIQUE CODE: USAL8PV

ACTIVITY STARTING DATE: 03/27/2002

PEC: ferruccio@propec.eu

Tel. (+39) 01731820815

IBAN: it34y0503422500000000006391

SOLE SHAREHOLDER AND ADMINISTRATOR:

MICCA FERRUCCIO Born in Corneliano d'Alba (CN) 11/07/1977

Tax ID: MCCFRC77L11D022C

INFORMATION ON THE PRIVACY POLICY.

SECTION 1 - WHAT DO WE DO WITH THE INFORMATION?

When you buy something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and e-mail address.

When you browse our store, we also automatically receive your computer's Internet Protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.

SECTION 2 - CONSENT How is my consent obtained?

When you provide personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you imply that you consent to our collection and use only for that specific reason.

If we ask for personal information for a secondary reason, such as marketing, we will directly ask for your express consent, or provide an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent to us contacting you, for the continued collection, use or disclosure of your information, at any time, by contacting us at info@fchiomaker.it or mailing us to:
CHIOMAKER SRL PIAZZA COTTOLENGO 3 CORNELIANO D'ALBA Cuneo IT 12040

SECTION 3 - COMMUNICATION

We may disclose your personal information if we are required by law to do so or if you violate the Terms of Service.

SECTION 4 - Shopify

Our store is hosted on Shopify Inc.

They provide us with the online e-commerce platform that allows us to sell our products and services.

Your data is stored through Shopify's data storage, databases and the general Shopify application.

They store your data on a secure server protected by a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card information.

It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete the purchase transaction.

After that is complete, the transaction purchase information is cancelled.

All direct payment gateways adhere to the standards set by the PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information for our store and its service providers.

For a clearer picture, we also recommend reading Shopify's terms of service (https://www.shopify.com/legal/terms) or privacy policy (https://www.shopify.com/legal/privacy) .

SECTION 5 - third party services

In general, the third party providers used by us will only collect, use and disclose information to the extent necessary to enable them to perform the services they provide to us.

However, some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information they are required to provide to them for purchase-related transactions.

For these providers, it is recommended that you read their privacy policies so that you can understand how your personal data will be treated by these providers.

In particular, please note that some suppliers may be located in or have facilities in a different jurisdiction than you or us.

So, if you choose to proceed with a transaction involving the services of a third party service provider, then your information may be subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is being processed by a payment gateway located in the United States, then the personal information used to complete that transaction may be disclosed under United States law, including the Patriot Act.

Once you leave our store's site or are redirected to a third-party website or application, you are no longer governed by this site's Privacy Policy or Terms of Service.

Connection
When you click on the link on our store, they may direct you away from our site.

We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect personal information, we take reasonable precautions and follow industry best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, modified or destroyed.

If you provide us with credit card information, the information is encrypted using Secure Socket Layer (SSL) technology and stored with AES-256 encryption. While no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES (GDPR)

Here is a list of cookies we use.

We have listed them here so that you can choose whether you want to opt out of cookies or not.


_session_id, unique token, meeting and other, Allows Shopify to store session information (referrer, landing page, etc).


_shopify_visit, no data held, persistent for 30 minutes from the last visit, used by our site provider's internal stats tracker to record the number of visits.


_shopify_uniq, no data held, expires midnight (visitor related) of the next day, Counts the number of visits to a store by a single customer.


cart, unique token, persistent for 2 weeks, Stores information about the contents of the cart.
_secure_session_id, unique token, sessional.


storefront_digest, unique token, undefined if the store has a password, this is used to determine if the visitor has current access.

SECTION 8 - The age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow one of the persons dependent minors to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this privacy policy at any time, so please check back frequently.

Changes and clarifications will take effect immediately after their publication on the website.

If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we can continue to sell products to you.

QUESTIONS AND CONTACTS

If you would like to: access, rectify, amend or delete the personal information we hold about you, register a complaint, or simply want more information please contact our Contact Department
CHIOMAKER SRL PIAZZA COTTOLENGO 3 CORNELIANO D'ALBA Cuneo IT 12040 or by email at: info@chiomaker.it

Privacy Policy

Information pursuant to art. 13 of Regulation (EU) 2016/679

(General Data Protection Regulation)

Dear user

This information describes the processing of personal data of interested parties who apply for collaboration with CHIOMAKER SRL

The data controller of the personal data (natural or legal person who determines the purposes and means of the processing of personal data) collected is: CHIOMAKER SRL . – Piazza Cottolengo, 3 12040 Corneliano d'Alba (Cn) Italy - email: info@chiomaker.it.

Purpose and legal basis of the processing

The data that you provide by sending your curriculum vitae or subsequently will be processed for the following purposes:

1. to evaluate your application compared to the job positions open at FERRUCCIO LUXURY SALON and in general for the management of collaborator selection procedures;

2. to contact you in order to schedule interviews that may be necessary, using the contact details you provide.

The legal basis of this treatment is the execution of pre-contractual measures, therefore the consent of the interested party is not required (ref. Art. 111 bis of Legislative Decree 196/03 as amended by Legislative Decree 101/18).

The provision of your personal data for these purposes is optional but failure to provide it would make it impossible to evaluate your profile or be able to schedule interviews.

Categories of data processed

The processing of your data by CHIOMAKER® SRL regard:

1. personal data (e.g. name, surname, address, date and place of birth, telephone number and email);

2. data relating to your training and professional experience , with the related detailed information you have entered in your curriculum vitae.

Among the personal information you voluntarily provide there may also be “special categories of personal data” (relating for example to your state of health due to whether or not you belong to protected categories or any disabilities) as defined by the EU Regulation.

Your specific and explicit consent is required for the processing of such data.

In the absence of your consent to the processing of "particular" data by CHIOMAKER® SRL , your candidacy will not be taken into consideration .

In this regard, it is appropriate that you:

provide us only with the data strictly necessary to evaluate your application;

do not provide us with any other data belonging to the "special categories", unless strictly necessary.

Recipients of personal data

Your data may be processed by natural and legal persons who CHIOMAKER SRL has appointed Data Processors.

The detailed list of data processors and subjects to whom your data is communicated is available at the owner's headquarters.

You can request this list by contacting the Data Controller at the address indicated above.

Your personal data is not transferred to countries outside the European Union or the European Economic Area (so-called Third Countries).

Data retention period

Your data will be kept for a maximum period of 12 months from their conferment and may be used for contacts and possible future interviews.

At the end of this period, your data will be permanently deleted.

Rights of the interested party

As required by articles 16, 17, 18 and 19 of Regulation (EU) 2016/679, you can exercise your rights at any time and towards the Data Controller (by making a request to the address indicated above).

In detail, you can request access to your data and therefore request rectification, updating, integration, cancellation, limitation and opposition to data processing.

Furthermore, you have the right to lodge a complaint or make a report to the Guarantor for the Protection of Personal Data ( http://www.garanteprivacy.it ).

CONTRACTUAL INFORMATION

Contract/type for the online sale of consumer goods

The Purchaser expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.

Identification of CHIOMAKER SRL.

The goods covered by these general conditions are offered for sale by CHIOMAKER SRL . with registered office/branch in Corneliano d' alba , piazza Cottolengo n. 3, registered with the Cuneo Chamber of Commerce under no. T 138264310 in the Business Register, CF no. MCCFRC77L11D022C VAT number n02841580042 hereinafter referred to as " Supplier ", certified e-mail address ferruccio@propec.eu

1. Definitions

1.1. The expression " on-line sales contract " means the sales contract relating to the Supplier's tangible movable property, stipulated between the latter and the Purchaser in the context of a remote sales system using telematic tools, organized by the Supplier.

1.2. The expression " Buyer " means the natural person consumer who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3. The term " Supplier " means the subject indicated in the epigraph or the subject providing the information services.

2. Object of the contract

2.1. With this contract, choose, the supplier sells and the Purchaser purchases remotely via telematic tools the movable tangible goods indicated and offered for sale on the website www.chiomaker.it

2.2. The products referred to in the previous point are illustrated on the shop-online web page

3. Methods of stipulating the contract

The contract between the Supplier and the Purchaser is concluded through the internet through the Purchaser's access to www.chiomaker.it, where, following the procedures indicated, the Purchaser will arrive in a formalize the proposal for the purchase of the goods for the purchase of goods referred to in point 1 of the previous article.

4. Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded through the online registration or with the completion of the form / form attached to the online electronic catalog www.chiomaker.it / orders and the subsequent sending of the form / form itself, always after viewing a web page higher order, printable, which lists the details of the order, the cost of the goods, the shipping costs and the additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the times of delivery and the existence of the right of withdrawal.

4.2. When the supplier receives the order, he sends an e-mail response or displays a web page of response and order summary, printable, which also contains the data referred to in the previous point.

4.3. The contract is not considered perfect and effective between the parties in default of what is indicated in the previous point.

5. Methods of payment and reimbursement

5.1. Each payment by the Purchaser may be made according to one of the methods indicated on the appropriate web page by the Supplier.

5.2. Any refund to the credit will be credited, in a timely manner, in case of exercise of the right of withdrawal, as governed by clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which the supplier is become aware of the withdrawal itself.

5.3. All communications relating to payments take place on a special line of the supplier protected by an encryption system. The content is guaranteed by the information contained on the protection of personal data.

6. Delivery times and methods

6.1. The supplier will summarize the selected and ordered products, with the methods chosen by the buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.

6.2. Shipping times can be seen from the day itself. In the event that the supplier is unable to carry out the shipment within the term, timely notice will be given by e-mail to the Purchaser.

6.3. Shipping methods, times and costs are clearly indicated and highlighted on www.chiomaker.it

7. Prices

7.1. All product sales prices are indicated on the website www.chiomaker.com/catalogo , are expressed in euros and are an offer to the public pursuant to art. 1336 of the civil code

7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and ancillary charges (for example: customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding by the buyer and also contained in the web page summary of the order placed.

7.3. The prices indicated in the correspondence of goods offered to the public are valid until the date indicated in the catalogue.

8. Availability of Products

8.1. The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.

8.2. Should an order exceed the quantity existing in the warehouse, the Supplier will inform the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.

8.3. The Supplier's computer system confirms the order registration as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.

9. Limitations of Liability

9.1. The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract.

9.2. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.

9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .

9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

9.5. Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Supplier.

10. Liability for defects, proof of damage and recoverable damages: the Supplier's obligations

10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to inform the injured party, within three months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods .

10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.

10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, it still did not allow the product to be considered defective.

10.4. No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.

10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.

10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.

10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

11. Guarantees and methods of assistance

11.1. The Supplier is liable for any lack of conformity that occurs within two years of delivery of the goods.

11.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, especially in advertising or on labelling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted also for conclusive facts.

11.3. The Purchaser forfeits all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

11.4. In any case, unless proven otherwise, it is presumed that the lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.

11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.6. The request must be sent in writing, by registered mail with acknowledgment of receipt or by certified e-mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven days working from receipt. In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.

11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate reduction of the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt.

11.8. In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser's responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.

12. Buyer's obligations

12.1. The Purchaser undertakes to pay the price of the goods in the times and ways listed in the contract.

12.2. Once the online purchase procedure has been concluded , the Purchaser undertakes to print and keep this contract.

12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.

13. Right of withdrawal

13.1. In any case, the buyer has the right to withdraw from the stipulated contract, within 14 working days, starting from the day of receipt of the purchased good.

13.2. In the event that the supplier has not fulfilled the information obligations on the existence, timing and restoration times of the benefit in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.

13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered mail with acknowledgment of receipt in Piazza Cottolengo 3 or by e-mail to the following e-mail address: info @chiomaker.it, provided that such communications are confirmed by sending a registered letter with acknowledgment of receipt to the company CHIOMAKER SRL PIAZZA COTTOLENGO 3 CORNELIANO D'ALBA 12040 (CN) within the following 48 (forty-eight) hours or by certified electronic mail to the e-mail address: ferruccio@propec .eu For the purposes of the right of withdrawal, the sending of the communication must be validly replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or forwarding agent shall prevail between the parties.

13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.

13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software , which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or rapidly altering, of the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the Supplier is unable to control and in any other case envisaged by art. 55 of the code. cons. 13.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.

13.7. The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal.

13.8. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.

14. Reasons for termination

14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of successful completion of the payment that the Purchaser makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are of an essential nature, so that by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of contract law pursuant to art. 1456 of the civil code, without the need for a judicial ruling.

15. Protection of confidentiality and treatment of the Buyer's data

15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 1961.

15.2. The personal and fiscal personal data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods, with the aim of registering the order and activating in the towards him the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b), Legislative Decree 196/2003.

15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties.

Such data may be shown only at the request of the judicial authority or other authorities authorized by law.

15.4. Personal data will be communicated, upon signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.

15.5. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:

a) updating, rectification or, when interested, integration of data;

b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;

c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right.

The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.

15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.

15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.

15.8. The owner of the collection and processing of personal data is the Supplier, to whom the buyer can address any request at the company headquarters.

15.9. Anything sent to the Supplier's postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Supplier for the content of the messages themselves.

16. How to store the contract

16.1. Pursuant to 12 of Legislative Decree 70/2003, the supplier informs that the order is stored in digital / paper form on the server / at the supplier's headquarters, according to the criteria of confidentiality and security.

17. Communications and Complaints

17.1. Written communications directed to the supplier and any complaints will be considered valid where provided to the following address: CHIOMAKER SRL PIAZZA COTTOLENGO 3 CORNELIANO D'ALBA 12040 (CN), by e-mail to the following address info@chiomaker.it

The address indicates the registration of one's residence or domicile, telephone number or e-mail address.

18. Dispute Settlement

18.1. All disputes arising from this contract will be devolved to an attempt at conciliation with the mediation body of the Chamber of Commerce of CUNEO and resolved according to the conciliation rules adopted by the same.

18.2. If the parties intend the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of the Italian Civil Code cons.

19. Governing Law and Referral

19.1. This contract is regulated by the Italian law.

19.2. For anything not expressly provided here, the provisions of the law apply regarding relationships and cases in the contractual context, and in particular art. 5 of the Rome Convention of 1980.

19.3 Pursuant to art. 60 code cons., the discipline contained in Part III, Title III, Chapter I of the cod. is expressly referred to here. cons.

20. Final Clause

This contract repeals and replaces any agreement, understanding, negotiation, registration or oral, previously intervened between the parties and regarding the object of this contract.

GIFT CARD SERVICE TERMS

Last updated: May 1, 2020

We are pleased to offer you the opportunity to participate in and use our Gift Card Services, made available to you pursuant to these terms and Agreement (as defined below). "You" includes you and the entity on whose behalf you intend to act on behalf of.

By accessing or using the Gift Card Services, you represent that you have read, understood and agree to be bound by these terms and conditions, together with all rules, policies and guidelines provided by Shopify, including our Terms of Use and Privacy Policy (collectively, the " Agreement "). Subject to this Agreement, you may access certain gift card services provided by us to support the issuance and management of gift cards to your customers (collectively, the " Gift Card Services ").

Shopify reserves the right to update and change the Gift Card Terms of Service by posting updates and changes on the Shopify website. We recommend that you check the Gift Card Terms of Service from time to time for any updates or changes that may affect you. If you do not agree to any such changes/amendments, you must cease using the Gift Card Services.

1. SERVICES AND SCOPE

The Gift Card Services may be used in your business for the management of gift cards issued to your customers (the " Customers " and such gift cards, the " Gift Cards "). The Agreement covers, among other things, your use of the Gift Card Services and any other services related to your issuance and management of Gift Cards issued to your Customers. This Agreement may be available in languages ​​other than English. To the extent there are any inconsistencies or conflicts between this Agreement in English and Agreements available in another language, the most current English version of the Agreement shall prevail.

2. ACCESSING AND USING THE GIFT CARD SERVICES

Shopify grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use the Gift Card Services, solely for your internal business purposes and subject to all restrictions imposed by us .

3. COMPLIANCE WITH LAWS

The Gift Card Services are made available to you for lawful purposes and uses only. You will comply with and ensure that your subcontractors and personnel comply with all applicable laws. For purposes of these Gift Card Terms of Service, " Applicable Laws " means all local, state, or state laws, rules, and regulations relating to gift cards or the Gift Card Services, including, but not limited to, those relating to to data privacy, data security, and protection of personal information (as defined by the California Consumer Protection Act ("CCPA") or other applicable definition that is at least as broad as the CCPA).

You are responsible for handling any amounts loaded onto the Gift Card in accordance with applicable laws, including, if required by applicable laws, depositing amounts loaded onto the Gift Card into escrow or segregated accounts. You are also responsible for handling any amounts loaded onto the Gift Card that constitute unclaimed, abandoned, or similar property under applicable laws based on the records you maintain.

4. TERMS AND ISSUANCE OF GIFT CARDS

You are responsible for developing, producing and distributing all documents, terms and procedures necessary to administer the gift certificates to your customers (the " Program Materials "). All Gift Cards issued or otherwise claimed by or administered using the Gift Card Services must comply with the limitations and requirements set forth in Exhibit A. You will ensure that the Program Materials comply with applicable laws.

You will respond to all customer inquiries regarding gift cards. You are responsible for delivering the Program Materials and any other documents required by Applicable Law to Clients. You are responsible for obtaining the appropriate authorization required by applicable law from customers and for all other actions necessary to issue gift cards to customers.

You are responsible for providing all necessary services to offer and accept gift cards in compliance with applicable laws. You will maintain all records relating to gift cards in accordance with applicable laws. You will be responsible for the costs associated with the administration of the Gift Cards. You will be responsible for receiving, investigating and responding to any customer dispute or allegation of error relating to any gift card.

You will be responsible for overseeing and managing all daily fund flows associated with Gift Cards, including ensuring that all balances associated with Gift Cards are accurate and fully funded by customer deposits made with you in connection with a Gift Card. You represent and warrant that the balance associated with the Gift Certificates will at all times be adequately funded by deposits made by Customers with you in respect of such Gift Certificates in an amount not less than 100% of the total amount of the currency represented as active and available for the Customers of the balance of the Gift Voucher for the current day. You will be responsible for overseeing and managing such funding. You are responsible for any failure to fully fund the gift cards.

5. INDEMNITY AND LIMITATION OF LIABILITY.

A. Indemnification In addition to your indemnification obligations under the Shopify Terms of Use, you will defend, indemnify and hold Shopify and its respective officers, directors, employees, agents and suppliers harmless from and against all claims, actions, proceedings, damages, losses, judgments, damages, penalties, fines, costs and expenses (including attorneys' fees) arising out of any third-party claim relating to (a) your breach of any obligation under the Agreement; (b) your negligence or willful misconduct in connection with the performance of your obligations under the Agreement; (c) your violation of applicable laws; (d) the Gift Card, including any unfunded Gift Card balance or fraudulent activity, unauthorized use or losses relating to or associated with a Gift Card or the Customer;

B. Limitation of Liability In addition to our limitations of liability under the Terms of Use, Shopify's financial liability for the Gift Card Services shall not exceed six months of fees paid by you to Shopify. Shopify does not provide or issue gift cards, and is not responsible for any losses or liabilities associated with gift cards, or for anything related to or required to support gift cards.

6. SHOPIFY RIGHTS

A. We reserve the right to change or terminate the Gift Card Services for any reason, without notice at any time. Not all Gift Card services and features are available in every jurisdiction, and we are under no obligation to make Gift Card services or features available in any jurisdiction.

B. We reserve the right to refuse service to anyone for any reason at any time.

C. We may, but have no obligation, to remove the Gift Card Services and suspend or terminate the Gift Card Services if we determine in our sole discretion that the Gift Card Services you offer violate our Acceptable Use Policy (" AUP ") or these gifts. Card service.

D. Verbal or written abuse of any kind (including threats of abuse or punishment) of any Shopify customer, employee, member, or officer of Shopify will result in immediate termination of the Gift Card Services.

ANNEX A

Gift card parameters and limits

1. General Terms for Gift Cards. Gift Cards must:

(i) not be rechargeable;

(ii) not be redeemable for cash;

(iii) not include activation fees or fees for additional services or fees that reduce the value of the card over time;

(iv) not be used to compensate consumers for non-shipped goods instead of providing refunds;

(v) include on the face of the Gift Card the applicable fund/card expiration date or a statement that the funds never expire and have an expiration date that complies with applicable law; And

(vi) be single-use and closed circuit (ie, the Gift Card can only be used at your locations to purchase goods and services from you and from no other merchant or company).

2. Limits. You may not issue a gift card in a denomination greater than $9,999 USD; provided, however, Shopify may, in its sole and absolute discretion, reduce this amount by giving you advance notice. You also need to ensure that you manage the number of gift cards (and gift card denominations) sold to ensure they are not misused or the subject of fraud or illegal activity.

3. Branding. Each Gift Card must be branded with your logo and must include your name on the front of the Gift Card. You can include the Shopify logo.

Shopify Inc.
150 Elgin Street, Suite 800
Ottawa, ON K2P 1L4
Canada