Terms and conditions of sale

This Website is a service of:

The hedgehog's hibernation - via Carando 5 - 10137 Turin (TO)

Owner's email address: illetargodelriccio@gmail.com

WHAT YOU NEED TO KNOW AT A GLANCE

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

• The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section are generally applicable.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using this Website the User declares to satisfy the following requirements:

• There are no restrictions regarding Users as to whether they are Consumers or Professional Users;

REGISTRATION

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You cannot use the Service without opening a User account.

It is the Users' responsibility to keep their login credentials safe and confidential. 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 any activity carried out with his/her access credentials. Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, illegally disclosed or stolen.

ACCOUNT CLOSURE

The User is free to close his/her account and cease using the Service at any time by following this procedure:

• By contacting the Owner at 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 sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.

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

CONTENTS ON THIS WEBSITE

Unless otherwise specified or clearly recognizable, all content available on this Website is owned 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 law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.

RIGHTS TO THE CONTENTS OF THIS WEBSITE

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from 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 and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

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 is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.

PERMITTED USE

This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.

It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.

Therefore, The Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• actions that may significantly harm the legitimate interests of the Data Controller;
• offences to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

PAYMENT PRODUCTS

Some of the Products offered on this Website as part of the service are paid.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

To purchase the Products, the User is required to register or log in to this Website.

PRODUCT DESCRIPTION

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

Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

PURCHASE PROCEDURE

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchasing process includes the following steps:

• Users are requested to choose the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by forwarding it.

SENDING THE ORDER

Sending the order entails the following:

• The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an action by the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order also constitutes the obligation for the User to cooperate accordingly.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

PRICES

During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

• include all applicable fees, taxes and charges.
• exclude shipping, unless otherwise communicated.

PROMOTIONS AND DISCOUNTS

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

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that Users may assert in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.

VOUCHERS

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

In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.

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

• Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
• The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
• Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases made in installments;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. After the expiration of the period, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.

PAYMENT METHODS

Details regarding the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to request the User to reimburse any related expenses or damages.

AUTHORIZATION FOR FUTURE PAYMENTS VIA PAYPAL

If you authorize the PayPal feature that allows future purchases, this Website will store an identification code linked to your PayPal account. This will enable this Website to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

AUTHORIZATION FOR FUTURE PAYMENTS VIA SATISPAY

In the event that the User authorizes the Satispay function that allows future purchases, this Website will store an identification code linked to the User's Satispay account. In this way, this Website will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by modifying the personal settings of Satispay.

RETENTION OF TITLE

Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.

RESERVATION OF RIGHTS OF USE

Until the Owner has received full payment of the purchase price, the User does not acquire the rights to use the Products ordered.

DELIVERY

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

Upon delivery, Users are required to check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchasing process.

FAILURE TO DELIVERY

The Owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

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

DELIVERY OF DIGITAL CONTENT

Unless otherwise specified, digital content purchased on this Website is delivered via download to the device or devices chosen by the User.

Users acknowledge and accept that, in order to download and/or use the Product, the chosen device or devices and the respective software (including operating systems) must be legal, commonly used, up to date and in line with current market standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

USER RIGHTS

RIGHT OF WITHDRAWAL

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

WHO ENJOYS THE RIGHT OF WITHDRAWAL

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

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

EXERCISE OF THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

• In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.

• In case of purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.

• In the case of purchase contracts for digital content not supplied on a physical medium the withdrawal period expires after 14 days from the day of conclusion of the contract, unless the User has renounced the right of withdrawal.

EFFECTS OF WITHDRAWAL

The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.

… ON PURCHASE CONTRACTS OF TANGIBLE GOODS

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.

Return shipping costs are the responsibility of the User .

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

There is no right of withdrawal from contracts:

• for the supply of digital content on a non-material medium, if the contract imposes on the Consumer the obligation to pay and when the performance has begun with the express consent of the Consumer after the acceptance of losing the right of withdrawal, and such circumstances have been confirmed by the Owner;
• for the supply of personalised, material and digital products, as these are made to order according to customer specifications or are clearly tailored to their personal needs and for the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been unsealed after delivery.

WARRANTIES

LEGAL GUARANTEE OF PRODUCT CONFORMITY IN ACCORDANCE WITH EUROPEAN UNION REGULATIONS

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

Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.

National laws of such country may grant such Users broader rights.

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

LIMITATION OF LIABILITY AND INDEMNIFICATION

Unless otherwise specified or agreed with 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.

INDEMNIFICATION

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees harmless to the extent permitted by law from any claim or demand – including, without limitation, legal fees and costs – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights or the law, committed in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, on the basis of negligence.

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 his behalf) is excluded.

The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by fraud or gross negligence, provided that the User's use of this Website has been appropriate and correct.

Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.

COMMON PROVISIONS

NO IMPLIED WAIVER

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of 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 changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural 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 the prior written consent of the Owner, expressed directly or through a legitimate reselling 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 provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

CHANGES TO THE TERMS

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not wish to accept the changes, he/she must cease using the Service and may withdraw from 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 communicate to Users in advance the date of entry into force of the modified Terms.

ASSIGNMENT OF CONTRACT

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

CONTACTS

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

SAFEGUARD CLAUSE

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EUROPEAN USERS

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, by mutual agreement, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.

Without prejudice to the foregoing, 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 if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

APPLICABLE LAW

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.

PREVALENCE OF NATIONAL LAW

However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

COMPETENT COURT

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

EXCEPTION FOR CONSUMERS IN EUROPE

The foregoing does not apply to Users who qualify as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

DISPUTE RESOLUTION

AMICABLE RESOLUTION OF DISPUTES

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

Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of receiving it.

CONSUMER DISPUTE RESOLUTION PLATFORM

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here .

Last changes June 2024