Terms of service

Certamente. Ecco la traduzione professionale in inglese dei tuoi Termini e Condizioni, adattata per mantenere il valore legale e la terminologia standard del settore (e-commerce e SaaS).

Introduction

These Terms govern:

the use of this Application, and
any other binding Agreement or legal relationship with the Owner.

Capitalized terms are defined in the relevant section of this document.

The User is kindly requested to read this document carefully. This Application is a service provided by: LA MODELLERIA FIORENTINA SRL Viale Donato Giannotti 24 50124 Florence, Italy VAT ID (P.I.): 7308440481 REA: FI-694527 Owner's email address: lamodelleriafiorentina@outlook.it

At a Glance

Please note that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of such mention, clauses apply to all Users. The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use for this Application set out in this section apply generally. Additional terms of use or access applicable in specific situations are expressly indicated in this document. By using this Application, the User declares to meet the following requirements:

There are no restrictions on Users regarding whether they are Consumers or Business Users.

Registration

To use the Service, the User may open an account by providing all required data and information in a complete and truthful manner. The Service may also be used without registering or creating an account; however, in such cases, certain features may not be available. Users are responsible for keeping their login credentials secure and maintaining their confidentiality. To this end, Users must choose a password that meets the highest security standards available on this Application. By creating an account, the User agrees to be fully responsible for all activities carried out under their login credentials. Users must immediately and unambiguously inform the Owner via the contact details provided in this document if they believe their personal information, such as their account, login credentials, or personal data, has been breached, unlawfully disclosed, or stolen.

Account Termination

The User is free to close their account and cease using the Service at any time by:

Contacting the Owner at the contact details provided in this document.

Account Suspension and Deletion

The Owner reserves the right to suspend or delete 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. The suspension or deletion of an account does not entitle the User to any claim for compensation, refund, or indemnity. The suspension or deletion of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned by or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable laws or third-party rights. However, this may not always be possible. In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to direct their complaints to the contact details specified in this document.

Rights Regarding Content on this Application

The Owner holds and expressly reserves all intellectual property rights to the aforementioned content. Users are not authorized to use the content in any way that is not necessary for or implied by 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, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Application, or allowing third parties to perform such activities through their User account or device, even without their knowledge. Where expressly indicated on this Application, the User is authorized to download, copy, and/or share certain content solely for personal and non-commercial purposes, provided that authorship is attributed and all other relevant circumstances requested by the Owner are indicated. Any statutory limitations or exceptions under copyright law remain unaffected.

Access to External Resources

Through this Application, 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 or availability. Conditions applicable to resources provided by third parties, including those applicable to any grant of rights in content, are determined by the third parties themselves and governed by their respective terms and conditions or, in their absence, by law.

Acceptable Use

This Application and the Service may only be used for the purposes for which they are offered, under these Terms and applicable law. It is the User's sole responsibility to ensure that their use of this Application and/or the Service does not violate the law, regulations, 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 Application or the Service, terminate contracts, and report any objectionable activity carried out through this Application or the Service to the competent authorities—e.g., judicial or administrative authorities—whenever the User commits or is suspected of committing:

violations of laws, regulations, and/or these Terms;
infringement of third-party rights;
acts that may considerably prejudice the Owner’s legitimate interests;
offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Provision of Personal Data

To access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.

Paid Products

Some of the Products offered on this Application as part of the service are provided against payment. The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.

Product Description

Prices, descriptions, and availability of Products are specified in the respective sections of this Application and are subject to change without notice. While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty regarding the characteristics of the purchased Product. The characteristics of the selected Product will be specified during the purchasing process.

Purchasing Process

Every step from choosing a 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 selection.
After checking the information visible in the purchase selection, Users may place the order by submitting it.

Order Submission

Submitting an order determines the following:

The submission of the order by the user determines the conclusion of the contract and creates an obligation for the User to pay the price, taxes, and any further fees and expenses as specified on the order page.
In the event that the purchased Product requires action from the User, such as the provision of information or personal data, specifications, or special requests, the submission of the order also creates an 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 regarding the purchasing process described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchasing process and before order submission, Users are duly informed of all fees, taxes, and costs (including any shipping costs) that will be charged to them. Prices on this Application:

Depending on the section the User is browsing, either include all applicable fees, taxes, and costs or are indicated net of applicable fees, taxes, and costs.

Promotions and Discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application. Promotions and offers are always granted at the Owner's sole discretion. Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future. As the case may be, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, time limits for promotions and discounts refer to the time zone of the Owner’s location, as indicated in the contact details in this document.

Coupons

Promotions and discounts may be offered in the form of Coupons. In the event of a breach of the conditions applicable to Coupons, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take legal action to protect its rights and interests. Any additional or diverging provisions applicable to the use of Coupons found on the relevant information page or on the Coupon itself shall prevail in all cases, regardless of the provisions below. Unless otherwise specified, the following rules apply to the use of Coupons:

Each Coupon is valid only if used in the manner and within the time frame specified on the website and/or the Coupon;
The Coupon can only be redeemed in full at the time of purchase – partial use is not permitted;
Unless otherwise specified, single-use Coupons can be redeemed only once per purchase and therefore can be redeemed only once even in the case of installment-based purchases;
Coupons cannot be combined;
The Coupon must be used within the specified validity period. Once the period has expired, the Coupon will be automatically voided. Any possibility of claiming rights, including a refund of the Coupon's value, is excluded;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended for non-commercial use only. Reproduction, counterfeiting, and commercialization of the Coupon are strictly prohibited, as is any illegal activity connected to the purchase and/or use of the Coupon.

Methods of Payment

Details regarding accepted payment methods are highlighted during the purchasing process. Some payment methods may be subject to additional conditions or involve extra costs. Detailed information is provided in the relevant section of this Application. All payments are handled independently by third-party services. Therefore, this Application does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful. For further information on the processing of personal data and related rights, the User may refer to the privacy policy of this Application. If a payment made via one of the available methods fails or is rejected by the payment service provider, the Owner is not obligated to fulfill the order. In the event of a failed payment, the Owner reserves the right to claim reimbursement from the User for any related expenses or damages.

Payment by Installments

The purchase price may be paid in two or more installments, within the terms specified on this Application or otherwise communicated by the Owner. Specific Products may be excluded from this payment method. If the User fails to pay even a single installment, the entire outstanding amount shall become immediately due and payable.

Authorization for Future PayPal Payments

If the User authorizes the PayPal feature that allows future purchases, this Application will store an identification code linked to the User's PayPal account. This allows this Application to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase. Authorization can be revoked at any time by contacting the Owner or by modifying PayPal personal settings.

Retention of Title

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

Delivery

Deliveries are made to the address indicated by the User and in the manner specified 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 Application. Delivery times are indicated on this Application or during the purchasing process.

Agreed Delivery

By prior agreement with the Owner, Users may arrange for the collection of purchased goods by a courier of their choice in a timely manner and at their own risk and cost.

Failed Delivery

The Owner is not liable for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner. If the goods are not delivered or collected at the time or within the deadline set, 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, every delivery attempt starting from the second will be at the User's expense.

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 benefits from the right of withdrawal Unless one of the exceptions listed below applies, Users acting as European Consumers have a legal right to withdraw from contracts concluded online (distance contracts) within the period specified below for any reason and without need for justification. Users who do not meet these requirements do not benefit from the rights described in this section. The Consumer will be liable to the Seller only for the decrease in value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exercise of the right of withdrawal To exercise the right of withdrawal, the User must send the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. To meet the deadline, the User must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

In case of purchase of goods: the withdrawal period expires 14 days after the day on which the User or a third party – designated by them and other than the carrier – takes physical possession of the goods.
In case of purchase of multiple goods ordered together but delivered separately: the withdrawal period expires 14 days after the day on which the User or a third party – designated by them and other than the carrier – takes physical possession of the last good, lot, or piece.

Effects of withdrawal The Owner shall reimburse all payments received, including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal. However, any additional cost resulting from the choice of a particular delivery method other than the least expensive standard delivery offered by the Owner shall remain the responsibility of the User. Reimbursement shall be made without undue delay and in any case within 14 days from the day the Owner was informed of the User’s decision to withdraw. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

...on contracts for the purchase of tangible goods Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw. The deadline is met if the goods are handed to the courier or another authorized person before the expiry of the 14-day period described above. Reimbursement may be withheld until receipt of the goods or until the User has provided proof of having returned them. The User is liable for the decrease in value of the goods resulting from a use of the goods other than what is necessary to establish their nature, characteristics, and functioning. The costs of return shipping are borne by the User.

(Note: The sections regarding UK User rights and Direitos do Usuário brasileiro are already provided in English and Portuguese in your source text and should be maintained as they are to ensure compliance with those specific jurisdictions.)

Warranties

Legal Warranty of Conformity for Products under European Union Law

Under European law, the seller guarantees the conformity of goods sold to Consumers for a minimum period of 2 years from delivery. Where Users act as European Consumers, the legal warranty of conformity applies to items available on this Application in accordance with the laws of the country where they habitually reside. National laws of such country may grant Users broader rights. Consumers not acting as European Consumers may enjoy conformity warranty rights under the laws of the country where they habitually reside.

Conformity to contract for Consumers in the United Kingdom

(As per your text) Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Garantia legal de conformidade de produtos para Consumidores no Brasil

(As per your text - Portuguese version maintained for Brazilian compliance)

Limitation of Liability and Indemnification

Unless otherwise specified or agreed with Users, the Owner’s liability for damages connected to the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, and employees 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 behavior in violation of these Terms, third-party rights, or the law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, brand co-owners, partners, and employees, by way of fault. The foregoing also applies to any claim exercised by third parties (including, but not limited to, the Owner's customers) against the Owner in relation to Digital Products provided by the User, such as, for example, claims on conformity.

Limitation of Liability for User Activities on this Application

Unless otherwise specified and subject to applicable legal provisions, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded. The foregoing does not limit the Owner’s liability for death, personal injury, or damage to physical or mental integrity, 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 intent or gross negligence, provided that the use of this Application by the User was appropriate and correct. Unless damages were 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 the damage typical for the type of contract and foreseeable at the time of conclusion.

Specific Jurisdictions

Australian Users - Limitation of Liability

(Standard legal boilerplate for Australia) Nothing in these Terms excludes, limits, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or similar State and Territory legislation and which cannot be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users - Disclaimer of Warranties

The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes conditions, representations, and warranties of any kind – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Common Provisions

No Implicit Waiver

The Owner’s failure to exercise any legal right or claim arising from these Terms does not constitute a waiver thereof. No waiver shall be considered final in relation to a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, 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 terminate the Service. In the event of termination, the Owner will endeavor to allow Users to extract their personal data and information and will respect User rights regarding continued product use and/or compensation, according to legal provisions. Furthermore, the Service may be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure (e.g., infrastructure malfunctions, blackouts, etc.).

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents, and models relating to this Application, are held exclusively by 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 provide appropriate notice of the changes to Users. Changes will only affect the relationship with the User from the time 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 cease using the Service and may terminate the Agreement.

Governing Law

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

Exception for European Consumers: 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 Swiss Consumers: If the User acts as a Consumer in Switzerland, Swiss law shall apply.
Exceção para Consumidores no Brasil: If the User qualifies as a Brazilian Consumer, Brazilian law will apply.

Venue (Jurisdiction)

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Owner is established.

Exception for Consumers in Europe/UK/Switzerland/Norway/Iceland: The above does not apply to Users acting as Consumers in these regions.

Dispute Resolution

Amicable Dispute Resolution

Users may report any disputes to the Owner, who will attempt to resolve them amicably. While Users' right to take legal action remains unaffected, in the event of disputes concerning the use of this Application or the Service, Users are requested to contact the Owner at the contact details provided in this document. The User may send a complaint to the Owner's email address, including a brief description and, if applicable, the details of the affected order, purchase, or account. The Owner will process the request without undue delay and within 7 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts. Therefore, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.