Terms and Conditions of Use and Sale

Loghia di Amoresano Claudia ("Loghia") and / or its affiliates ("us") provide you with site features and other products and services when visiting or purchasing on Loghia.com (the "Site"). Using Loghia.com or using Loghia products or services, Loghia mobile applications or software provided by Loghia in relation to any of the previous activities (collectively, "Loghia Services"). Loghia provides its Loghia Services to the following terms and conditions ("General Terms of Use and Sale"). Loghia.com is Loghia's trade name.

I) GENERAL CONDITIONS OF USE

Please read these General Terms of Use ("General Terms of Use") carefully before using Loghia Services. By using Loghia Services, you accept these General Terms and Conditions in their entirety. We offer a wide range of Loghia Services and sometimes you may be subject to further terms and conditions. If you use a Loghia Service, you will also be subject to the terms, guidelines, and general terms and conditions applicable to that particular Loghia Service ("Terms of Service"). In the event of a conflict between these Terms of Use and the Terms of Service, the Terms of Service will prevail.

1.      PRIVACY

Please consult our Privacy Policy and our policies on Cookies that govern your use of Loghia Services to understand our practices.

2.      ELECTRONIC COMMUNICATIONS

When you use Loghia Services or send us emails, text messages (SMS) and other communications from your computer or mobile device, you communicate in electronic form. We can communicate with you in a variety of ways, for example by email, text messaging (SMS), in-app notifications, or by posting messages and communications on the site or other Loghia Services. Subject to the specific imperative legal provisions, for the purposes of this contract, you agree to receive our communications electronically and acknowledge that all contracts, notices, information and other communications we provide you electronically meet the requirement of written form, when required by law. 

3.      RIGHT OF AUTHOR AND RIGHTS ON DATA BANKS

All contents present or made available through Loghia Services as texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software are the property of Loghia or its content providers and are protected by Italian laws and international copyright and database laws. The list of all contents present or made available through Loghia Services and Loghia Site is the sole property of Loghia and is protected by Italian laws and international copyright and database laws.

It is not permitted to systematically extract and / or re-use parts of Loghia Services or Site without the express written consent of Loghia. In particular, it is prohibited to use data mining, robots or similar capture or extraction devices to extract (one or more times) to reuse any substantial part of any Loghia Services or Site without our express written consent. You will not even be able to create and / or publish a database that reproduces substantial parts (eg pricing and product lists) of the Loghia Services without the express written consent of Loghia.

4.      TRADEMARKS

Loghia trademarks and badges can not be used in relation to products or services other than Loghia, in such a way as to create confusion between customers or in any way that may denigrate or discredit Loghia. All other non-Loghia trademarks appearing on any of the Loghia Services or Site are the property of their respective owners, who may or may not have been linked to Loghia or sponsored by Loghia. 

5.      PATENTS

Loghia Services and features accessible through such services may be protected by one or more Loghia property patents. Loghia Services use all or part of one or more licensed patents. 

6.      LICENSE FOR ACCESS TO LOGHIA SERVICES

Provided that you comply with these Terms of Use, the Terms of Service, and that you pay any applicable fee, Loghia or your content provider grants you a limited, non-exclusive, non-transferable, and non-sublicenseable license access to Loghia Services and make it personal and non-commercial. This license does not include any right of resale or commercial use of any Loghia Service or its contents, nor the right to collect and use lists, descriptions or prices of products, make derivative use of Loghia Services or their contents, make any kind of downloading or copying account information for the benefit of another reseller or using data mining, robots or similar data acquisition and extraction devices. All rights not expressly provided by these Terms of Use or Terms of Service remain with Loghia or its licensors, suppliers, publishers, owners or other service providers.

You may not reproduce, duplicate, copy, sell, resell, visit or otherwise use Loghia Services for any commercial use in whole or in part without our express written consent. Framing techniques may not be used to indiscriminately cover any trademark, logo, or other proprietary information (including images, text, page settings, or format) of Loghia without express written consent from us. You can not use any meta tags or any other "hidden text" using the name or trademarks of Loghia without express written permission from us. You do not have to use the Loghia Services improperly. You will only be able to use Loghia Services within the limits provided by law. Violation of these Terms of Use or Terms of Service will result in the revocation of the authorization or the license issued by Loghia.

7.      YOUR ACCOUNT

If you use the Loghia Services or Site, you are required to keep your account and password confidential and to control access to your computer and devices, and accept, to the extent permitted by the applicable law, to be held liable for all activities that will be performed with your account and your password. You are committed to taking all the precautions you need to ensure that your password remains secure and confidential and you are obliged to inform us immediately if you have reason to believe that any third party is aware of your password, or if your password is, or presumably is, to be used in an unauthorized manner. You are required to make sure that the data you provide is correct and complete and immediately notify us of any change in the information you provided. You will be able to access and update most of the information provided in your site's reserved area.

You shall not use Loghia Services or Site: (i) in such a manner as to cause, or may cause, interrupt, damage or malfunction the Loghia Services or Site and their functionality; or (ii) for fraudulent purposes or otherwise to commit any illegal activity; (Iii) to cause disturbance, injury or apprehension.

We reserve the right to prevent access to the Site and / or Loghia Services, to suspend or close an account, to remove or modify the contents of the Site at our discretion, in the event of a violation of applicable law, of these Terms Terms of Use or applicable policies or policies. 

8.      REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTS

It is allowed to publish reviews, comments and other content, send electronic postcards and other communications and submit suggestions, ideas, comments, questions or other information provided that the content is not illegal (that is, obscene, abusive, intimidating, defamatory, not violating privacy, intellectual property rights, or is otherwise offensive to Loghia and / or third parties or is not deplorable and does not, or in any case, contain viruses, political propaganda, commercial solicitation, chains, mass email, or any other spamming form). You will not be allowed to use a false email address, pretend to be another person or subject or otherwise lying about the origin of a postcard or other content. We reserve the right to remove or edit such content. If you believe that a content or a sales listing posted on the Site or used in Loghia Services, contains a defamatory statement or that your intellectual property right has been infringed by an article or information on the Site or used within the Loghia Services, we invite you to write to info@loghia.com and we will promptly check your report and, if verified, manage it.

If you decide to submit content or materials, unless otherwise indicated, you grant: (a) Loghia's right to use, reproduce, modify, adapt, publish, translate, create works on non-exclusive, free, sublicensable and transferable rights to third parties, distribute and distribute such content throughout the world through any means of communication; and (b) to Loghia, its sublicensees and its affiliates, the right to use, at its own discretion, the name you use in connection with them. You are protected by your own moral rights. You agree that the above rights granted to us are irrevocable for the entire duration of your intellectual property rights associated with such content and materials. You agree to put in place all the activities necessary to perfect each of the above rights granted to Loghia by you, including the subscription of acts and documents, at our request.

You declare and warrant to have, in person or in any other way, property or in any case the availability of all rights to the content of what you publish; that on the date on which the content or material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material you provide does not conflict with any of the applicable policies and guidelines of Loghia and that such use does not cause any harm to third parties. Except where any liability is attributable to the failure to remove any illicit content as a result of receipt of a specific and clear notice to info@loghia.com, you agree to keep Loghia indefinitely from any legal action taken by third parties against Loghia, arising from or in any case related to the content and materials supplied by you.

9.      VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS

Loghia respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a manner that will lead to possible violations, please report it to info@loghia.com and we will promptly check your report and, if verified, manage for it.

10.   THIRD PARTY ACTIVITIES

Subjects other than Loghia provide services or products on this site. In addition, we provide links to affiliate sites and other business activities. We are not responsible for the control or evaluation of these merchants or of these subjects or the content of their sites, nor are we assured of their sales proposals. Loghia can not in any way be held responsible for the actions, products and contents of all such subjects or any third party. You can tell us when a third party is involved in your transactions, and we can share transaction information with these subjects. We encourage you to carefully read their privacy policy and other terms of use. 

11.   LOGHIA ROLE

Loghia allows third-party vendors to sell its products on their platforms and / or sites. Loghia facilitates transactions across these platforms, but is not part of the sale contract of the goods sold by these third-party vendors. Loghia is therefore extraneous to this contract, which is solely between the buyer and the seller. Loghia assumes no responsibility for the sale contract and its proper execution, and does not act in any way as a seller's agent. The seller is solely responsible for selling the products and handling disputes with the buyer.

12.   OUR RESPONSABILITIES

We will do our best to ensure that access to Loghia Services or Site is provided without interruption and that transmissions are made without mistakes. However, due to the nature of the Internet, uninterrupted access and no transmission errors cannot be guaranteed. In addition, your access to Loghia Services may also be occasionally suspended or limited to allow for repair, maintenance, or the introduction of new activities or services. We will try to limit the frequency and duration of these suspensions and limitations.

Loghia will not be liable for (i) any losses that are not a consequence of our breach of these General Terms and Conditions or (ii) for any loss of commercial opportunity (including forfeited profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred costs) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, either by you or by us, as soon as you have begun using the Loghia Services.

We will not be liable for any delay or failure to comply with the obligations under these General Terms if the delay or failure is caused by accident or by force majeure. This provision does not affect your rights under the law, and in particular your right to receive the goods purchased within a reasonable time or to be reimbursed in the event of non-delivery for circumstances arising out of a case of accident or for causes of force majeure. The statutory provisions in some states may prohibit the liability limitations now indicated. In the event that these provisions are applicable, the liability limitations now indicated will not take effect and further rights may be recognized. None of the predictions contained here limits or excludes our liability in the event of death or damage to the person, brought by our negligence or caused by gross negligence or guilt. 

13.   LAW AND JURISDICTION

These General Terms of Use are governed and must be interpreted in accordance with the laws of Italy and expressly exclude the application of the United Nations Convention on International Sale of Goods Contracts. You accept, and we accept, in turn, to submit to the non-exclusive jurisdiction of the Courts of the City of Naples (Italy). As a consumer you will be able to act in front of the Courts of the City of Naples (Italy) or the Member State of the European Union where you are resident or domiciled in order to promote a dispute in connection with these General Terms of Use.

The European Commission provides a platform for online dispute resolution, which you can access through its website. If you want to bring a matter to our attention, please contact us by writing to info@loghia.com.

14.   CHANGES IN SERVICE OR CONDITIONS

We reserve the right to change Loghia Services, policies, these Terms of Use and Terms of Service at any time, to offer new products or services or to comply with legal and regulatory provisions. You will be subject to the policies and terms of the General Terms of Use applicable when you use Loghia Services. If any provision of these conditions is deemed invalid or invalid for any reason, this condition will not in any way prejudice the validity and effectiveness of the other conditions.

15.   WAIVER

If you fail to comply with these Terms of Use, our failure to exercise our right to act on you is not a waiver of right to act on your breach of your obligations

16.   MINORS

We do not sell products to minors. We sell baby products that can only be purchased by adults. If you are under 18, you can use Loghia Services only by involving a parent or a guardian. 

17.   OUR CONTACTS

This site is owned by, and is managed by Loghia. General Terms of Use for any other Loghia Services can be consulted on this site.

Loghia di Amoresano Claudia - Piazza dell’Immacolata, 12 80129 Napoli (NA) Italia

P. IVA: 05364611219; C.C.I.A.A. NA 750147 

18.   PROCEDURE TO REPORT INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

If you believe that your intellectual property rights have been violated, you can send us a report to info@loghia.com. We respond promptly to intellectual property right holders who send a notification to report alleged violations.

Upon receipt of a notification, we may take various initiatives, for example we may remove the information or article, without this implying admission of liability and without prejudice to any other rights, remedies or defense we expressly exert. In addition, when submitting a notification, you give Loghia the right to use, reproduce, modify, adapt, publish, translate, create derivative works and display the content of the same notification throughout the world by any means of communication. This includes the right to send the notification to the parties involved in the preparation of the content deemed wrong. You agree to keep Loghia free from all third party actions against Loghia, arising out of or relating to, a notification sent.

II. GENERAL CONDITIONS OF SALE

These general sales conditions govern the sale of products and, where applicable, services through the Site when Loghia of Amoresano Claudia ("Loghia") acts as a seller ("General Sales Conditions"). Selling products by third party vendors will be governed by applicable terms and conditions of sale. We offer a wide range of Loghia Services and sometimes you may be subject to further terms and conditions. If you use any Loghia Service, you will also be subject to the terms, guidelines, and general terms and conditions applicable to that particular service ("Terms of Service"). In the event of a conflict between these General Sales Conditions and Terms of Service, the Terms of Service will prevail.

Please read these General Sales Conditions carefully before proceeding to any purchase. By making any purchase, you accepte these General Sales Conditions in full.

1.      OUR CONTRACT 

Presentation of products and services on this Site or via Loghia mobile applications is an invitation to offer.

If you want to buy one or more products, you can select them one at a time, adding them to your shopping cart. Once you've selected all the items you want to buy, you can close your shopping cart and submit your order. At this point you will see a summary page of your selected products, their price and options (with the relative costs) of delivery. You will be prompted to choose your preferred delivery, transportation and payment method.

At the top of the same page, you will find the "I confirm my order" button, which you will need to click to forward the order.

Your order will then be considered as your contractual purchase proposition for Loghia for the listed products, each considered individually. Upon receipt of your order, we will automatically send you a receipt for the order itself ("Order Confirmation"). If you use some Loghia Services, the Order Confirmation may be published on the Site. The Order Confirmation does not constitute acceptance of your purchase proposal. By sending the Order Confirmation, we only confirm that we have received the order and have submitted it to the process of checking the data and availability of the products you are requesting. The sales contract with Loghia will only terminate when we send you a separate e-mail or we will post on the Site a message of acceptance of your purchase proposal, which will also contain information about the shipment of the product and the expected delivery date ("Shipping confirmation"). In case your order is processed through multiple shipments, you may receive Separate Shipping Confirmation. You may cancel your order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, you will not be charged any cost. It is without prejudice to the right of withdrawal under the terms and conditions set forth in the following art. 2. The right of withdrawal does not apply to certain categories of products including, but not limited to, digital products or software not provided on material support (such as CDs or DVDs) once the download (cd download) or the use have begun.

You agree to receive electronic invoices. These documents will be available in PDF format within the section reserved for your site account. The issue of the electronic invoice relating to an order will be communicated to you in the Shipping Confirmation. For more information on electronic invoices and how to get the document, see the dedicated help page.

All orders placed on the site must match the normal consumption requirements. This requirement applies either in relation to the number of products purchased with a single order or in the case of a plurality of orders relating to the same product even if each order includes a quantity of products corresponding to normal consumption needs.

2.      WITHDRAWAL, EFFECTS, EXCEPTIONS AND RETURNS

Subject to the following exceptions, you have the right to withdraw your order without giving any reason, within 14 days of receipt of the ordered product (or the last product, lot or item, in case of multiple pieces delivered separately) or contract conclusion (including, but not limited to, digital content supply contracts not provided on a material medium such as a CD or DVD). If you are responsible for withdrawing a person of your trust, your right of withdrawal starts from the day of delivery of the product to the person you are designated, other than the courier.

You will need to communicate to Loghia Piazza dell'Immacolata, 12 80129 Naples (NA) Italy, the exercise of the right of withdrawal (i) following the instructions available in the dedicated help area.

In order to be able to exercise the right of withdrawal, the relevant notice must be sent before the expiration of the 14-day period and the product is returned to Loghia through the instructions available in the dedicated help area of ​​the site.

For more information about your right of withdrawal, contact us at info@loghia.com.

3.      EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL

We will refund all payments received with respect to the product for which you have exercised the right of withdrawal within 14 days of receipt of the return and verification of the conditions of the product. We will make a refund by wire transfer, save for your different indication. Keep in mind that you are required to return the products following the instructions available in the site's dedicated help area, within 14 days from the day you notified the withdrawal. You will have to bear the direct costs of returning your products. You may be held responsible for the diminution of the value of goods resulting from a manipulation of assets (other than the one necessary to establish the nature, characteristics and operation of the goods).

4.      EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply in case of:

- the supply of sealed goods which are not liable to be returned for health reasons or relating to the protection of health and which were opened after delivery or in the case of supply of products resulting, after delivery, inseparably blended with other goods;

- provision of sealed audio or video recordings or sealed computer software that was opened after delivery;

- provision of tailor-made or clearly customized goods;

- the supply of goods that are likely to deteriorate or expire rapidly;

- service contracts after full service delivery by Loghia, if you expressly allow the service to be performed by us by accepting the loss of the right of withdrawal as a result of the full performance of the contract;

- Provision of digital content (including applications, software, ebooks, MP3s, etc.) by means of non-material support (eg a CD or DVD) if at the time of your order you expressly allow it at the beginning of the execution accepting the loss of the right of withdrawal as a result of the start of execution;

- supply of newspapers, periodicals and magazines, with the exception of the subscription contracts for the supply of such publications. 

5.      RETURNS

In addition to your rights under the law, products sold by Loghia can be returned to Loghia within 30 days of delivery, subject to exceptions to the right of withdrawal, provided that they are intact and in the same conditions as they were delivered. More information can be found on the dedicated site page of the site. Products must be returned using the instructions available on the dedicated site page of the site.

In these cases, we will only refund the price paid for the purchase. We will not refund the shipping costs incurred to receive the item you are returning. The risks of transport and the costs of return will be yours. These conditions are additional and do not affect your rights under the law or the right of withdrawal within 14 days as described above 

6.      PRICES AND AVAILABILITY

All prices are inclusive of VAT applicable according to law.

The information on the availability of the products we sell is listed on the site as well as on the submission page for each product. In addition to the information provided on this page or elsewhere on the site, we are not able to give more precise information about product availability. Please consider that the estimated shipping and delivery times are strictly indicative and you cannot rely on them completely. Once you receive your order, we will notify you by email or by posting a notice on the site if some of your ordered products are unavailable.

Despite all our efforts, mistakes about prices for a small part of the products may occur. In any case, we will check the correctness of product prices during the order verification process and subsequent product shipment. If, because of disagreements or other disadvantages, the price indicated on the site is less than the correct selling price of a product, we will contact you to determine if you still want to purchase the product at the correct price. Otherwise, your order will not be accepted. If the correct price for a product is lower than the one stated on the site, we will charge you the lower price and we will send you the product.

7.      CUSTOMS

If goods ordered at Loghia are to be delivered outside Italy, you may be subject to import duties and taxes, due once the parcel reaches the specified destination. Any additional customs clearance fee will be charged to you. We have no control over these costs and we cannot predict the amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for more information. Please also note that when placing orders on the site, you are considered as an importer and therefore you have to comply with all the laws and regulations of the country where you will receive the goods. Your privacy is important to us and we know that you are very concerned about how your order information is used and shared. We would like our international customers to be aware that cross border deliveries are subject to opening and inspection of products by the customs authorities.

8.      WARRANTIES ON LOGHIA PRODUCTS AND LIMITATIONS OF LIABILITY

The guarantee scheme for products sold by Loghia differs depending on whether the buyer is a "consumer" or a "professional" within the meaning of Directive 1999/44 / EC concerning certain aspects of sales contracts and consumer goods guarantees ".

If you purchase as a "consumer", you will benefit from the legal compliance warranty that the seller is legally required for each item sold ("Legal Warranty").

The Legal Guarantee - owned by Loghia as a seller - guarantees the good from defective compliance with the sales contract.

In accordance with the law, in the event of the applicability of the Legal Guarantee, you will be entitled to a repair or replacement without the expense of the goods, or, where this is not possible, a reduction in the purchase price or termination of the contract. Loghia therefore is responsible for the defects if they occur within two years from the date of delivery of the good. However, you will have the obligation to report the defect of conformity within two months of your discovery.

In the event of a defect of the goods purchased by Loghia during the period of validity of the Legal Guarantee, please contact us by writing to info@loghia.com.

To the extent permitted by law, Loghia declines any responsibility if the delivered product does not comply with the legislation of the country of delivery other than Italy.

Loghia will not be liable in the event of a delay in the delivery of the goods purchased due to insufficient inventory at the warehouse for sudden overlap of other orders.

We will also not be liable for any non-substantial differences between the goods purchased and their illustrations and text descriptions published on our site.

Except for the case of gross negligence or gross negligence, we are solely liable for any direct and foreseeable damage upon the conclusion of the sales contract. We will therefore not be liable for any loss suffered, loss of profit or any other damages that are not immediate and direct consequence of our default or that would not be foreseeable upon conclusion of the sales contract. Loghia is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products sold on the site.

Loghia may authorize some third party vendors to exhibit and sell their products through their site. Each of these vendors is solely responsible for the sale of the products and must deal directly with any and all claims or problems inherent in or relating to the contract between the buyer and the seller, including the assumption of the obligations of the Legal Guarantee. 

9. LAW AND JURISDICTION

These General Conditions of Sale are governed and must be interpreted in accordance with the laws of Italy and expressly exclude the application of the United Nations Convention on International Sale of Goods Contracts. You accept, and we accept, in turn, to submit to the non-exclusive jurisdiction of the Courts of the City of Naples (Italy). As a consumer you will be able to act in front of the Courts of the City of Naples (Italy) or the Member State of the European Union where you are resident or domiciled in order to promote a dispute in connection with these General Conditions of Sale. 

10.  CHANGES IN GENERAL CONDITIONS OF SALE

We reserve the right to change Loghia Site, Services, policies and these General Conditions of Use at any time, to offer new products or services or to comply with legal and regulatory provisions. You will be subject to the policies and terms of the General Conditions of Use applicable when you order by us, except changes to such policies and terms that are required by applicable law or the competent authorities (in which case they will also apply to orders you have made earlier). If any provision of these conditions is deemed invalid for any reason, this condition will not in any way prejudice the validity and effectiveness of the other conditions.

11. WAIVER

If you fail to comply with these General Conditions of Sale, our failure to exercise our right to act on you is not a waiver of right to act on your breach of your obligations

12. MINORS

We do not sell products to minors. We sell baby products that can only be purchased by adults. If you are under 18, you can use Loghia Services only by involving a parent or a guardian.

13. OUR CONTACTS

Loghia di Amoresano Claudia - Piazza dell’Immacolata, 12 80129 Napoli (NA) Italia

P. IVA: 05364611219; C.C.I.A.A. NA 750147