The following describes the terms and conditions under which Daniela Donà offers users access to its services available on the website http://www.lagabbianellavenezia.com.

1. Definitions

In order to allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, shall have the following meanings:

• Owner: Daniela Donà, San Polo 3080/e, Venice, 30125, Tax Identification Number DNODNL68P53L735T , VAT No. 04400780278, telephone+39 0415244891 , e-mail address venezia@lagabbianella.com . address PEC:@confcommercio.Iegalmail.it:
• Application: The site webwww.lagabbianellavenezia.com, managed by the owner, which offers ceramics, textiles and household goods produced in Italy;
• Products: The products and/or services offered through the application;
• user: The person who accesses the application, without distinction of legal nature and pursued purpose, interested in the products offered through the application;
• Consumer: A natural person acting for foreign purposes in relation to the commercial, craft or professional entrepreneurial activity which may be carried out;
• conditions: This agreement governs the relationship between the owner and the users and the sale or delivery of the products offered through the application.

2. Stipulation, conclusion and effectiveness of conditions

The purchase agreement of the products ends by the exact compilation and dispatch of the order form.  This form shows the details of the orderer and the order, the price of the product purchased, any additional ancillary charges, the terms and conditions of payment, the address where the product will be delivered, the timing of the delivery and  The existence of the right of withdrawal and the consent to the processing of personal data.

When the owner receives the order to send a confirmation e-mail or to the display of a Web page confirming and summarizing the order, printable, in which will also be reported the rich data Iamati in the previous point.

The conditions shall not be deemed to be effective between the parties failing to do so in the preceding paragraph.

The holder may modify or simply update, in whole or in part, these terms and conditions.

You acknowledge and agree that any changes to these terms will apply to orders sent by users after the date of change of conditions.  The user is therefore invited to view the conditions with each access to the application and it is advisable to print a copy for future consultations.

3. Registration

In order to use certain features of the application, users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and accepting in full the Privacy Policy (www.lagabbianella.com/privacy) and these conditions.  The user has the responsibility to keep their access credentials.

It is understood that under no circumstances can the holder be held liable in the event of loss, diffusion, theft or use by third parties, under any title, of the user's access credentials.

4. Account Cancellation and termination

Registered Users may stop using the Products at any time and deactivate their accounts or request their deletion through the Application interface, if possible, or by sending a written notice to e-mail venice(5)lagabbianella.com. or by calling Customer Service at +39 0415244891.

The owner, in the event of breach by the user of these conditions or applicable legal provisions, reserves the right to suspend or terminate the user's account at any time and without notice.

5. Purchases on the application

The purchase of one or more products through the application is allowed both to users who wear the quality of consumers and to users who do not wear that quality.

Pursuant to alt. 3, I paragraph, lett. a) of D. Igs. 206/2005 ("Consumer Code") we remind you that the quality of Consumers is held by individuals who, in relation to the purchase of the Products, are acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity possibly carried out.

To natural persons the purchase is permitted only on condition that they have fulfilled the eighteen years.

The owner agrees to describe and present the products sold on the application in the best possible way.  Nevertheless, some errors, inaccuracies or small differences between the application and the real product may be highlighted.  In addition, any photographs of the products present on the application are not a contractual element, as only representative.

The user expressly assigns to the rightholder the right to accept even partially the order made (for example if there is no availability of all the products ordered).  In This case the contract will be deemed to be perfected in respect of the products actually sold.

The holder reserves the right to refuse an order:

• When the product is unavailable;
• When the authorization to charge the product cost to the user is denied;
• When the purchase is indicated a price clearly incorrect and recognizable as such.  In this case, the user will be contacted by the customer service to be informed and receive reimbursement for the transaction made.

6. Prices and Payments

The owner reserves the right to modify, at any time, the price of the products and any shipping costs.  It is understood that any modifications will not in any case prejudice the contracts already concluded before the amendment.

The sales prices of the products are inclusive of VAT, if due;  Any other tax and/or shipping cost to the user will be indicated before the purchase confirmation.

The user agrees to pay the price of the product purchased in the time and manner indicated in the application.

Any reimbursement to the user will be credited promptly through one of the modalities proposed by the owner and chosen by the user and, in case of exercise of the right of withdrawal, maximum within 30 days from the date on which the holder  He came to know of the same recess.

The application uses third party tools for processing payments and does not enter in any way in contact with the payment data provided (number of credit cards, name of holders, passwords, etc.).

Should these third party instruments deny the payment authorisation, the holder shall not be able to supply the products and shall not be liable for any delay or non-delivery

7. Billing

The user wishing to receive the invoice will be asked for the billing data.  For the issuance of the invoice, the information provided by the user that he declares and guarantees to be true, releasing to the holder any broader indemnment in this regard.

8. Method of delivery of material products

A material product means any movable or well-supplied commodity on a material support offered through the application.

The material products ordered will be delivered to the user, at the address indicated by them, with the modalities chosen by the user or indicated in the application at the time of purchase.  The delivery will be in the terms indicated in the order confirmation.

Upon receipt, the user is obliged to verify the conformity of the product delivered with the order made;  Only after this verification you will have to subscribe to the delivery documents, without prejudice to the right of withdrawal.

If an order exceeds the existing quantity in the warehouse, the holder will, by e-mail, make known to the user whether the product is no longer bookable or what the waiting time is to obtain it, asking if he intends to confirm   The order or not.

The proprietor assumes no responsibility for the delay or non-delivery of the product attributable to force majeure such as accidents, explosions, fires, strikes and/or tightened, earthquakes, floods and other similar events imped In whole or in part to give execution in the agreed time.

The holder shall not be liable to any party or third party regarding damages, losses and costs incurred as a result of non-execution of the contract for the above-mentioned causes, having the user entitled only to return  Of the price that may be paid.

9. Right of withdrawal of material products

The user who has the quality of the consumer and who for any reason is not satisfied with the purchase made of material products has the right to withdraw from the contract, without any penalty and without specifying the MO Within a period of 14 days from the date of delivery of the product.

It is understood that the right of withdrawal referred to in the preceding paragraph is excluded in the following cases: supply of tailor-made or clearly customised products;

In order to withdraw from the contract, the User must contact the Holder at the e-mail address venezia@lagabbianella.com or call Customer Service at +39 0415244891. The User will be informed of the modalities concerning the return of the Product. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms.

The date of delivery to the post office or to the forwarder shall be authentic between the parties.

In case of withdrawal, the holder will reimburse the payments received by the user as well as the delivery costs without undue delay and, however, no later than 30 days from the day on which the user has communicated to the holder that he wishes to withdraw from  Contract.

The owner will reimburse the user in the same manner of payment used by the user for the online purchase.

The user must return the products at his own expense, unless the supplier agrees to accollarsele them, without undue delay and in any case within 14 days from the date on which he informed the holder of his decision to rece Dere.

The user is responsible for the integrity of the product as long as the same good is in his possession

(e) It shall take all appropriate measures to preserve the product and do all it can to ensure that the product is returned under the best possible conditions, including the original undamaged packaging, the  Instructions, accessories, any separate items and any other component.  The product must not have been handled other than that necessary to determine the nature, characteristics and operation of the product.

The holder shall not consider refund requests if the returned product is malfunctioning due to improper use, negligence, damage or physical, cosmetic or superficial alterations, tampering or maint Improper maintenance or wear and tear.

10. Optional form to exercise the right of withdrawal

Optionally, the User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address venezia@lagabbianella.com. before the withdrawal period expires:

"With this form I communicate the withdrawal from the sales contract relating to the following goods/services:

• Order Number:
• Ordered on:
• First and last name:
• Address:
• Email associated with the account from which E?  been placed in the order:
• Date:

11. Guarantee of Conformity

All products falling within the category of "consumer goods" as regulated by the alt.  128, 2nd subparagraph of the consumer code, sold through the application are complete by the legal guarantee of conformity provided by the ARTT.  128-135 of the consumer code.

The legal guarantee of conformity is reserved for consumers.  It, therefore, finds application, only to the users who made the purchase through the application for purposes unrelated to the entrepreneurial, commercial, atigianale or professional activity possibly carried out.

To those who have bought on the application and who do not wear the quality of consumers will be applied the guarantees for the vices of the sold thing, the guarantee for quality defect promises and essential and other guarantees provided by (l) Civil Code with its terms, decadence and limitations (ARTT. 1490 and SS.  C.C.).

The defect in conformity occurring within 24 months of the date of purchase of the product must be terminated within 2 months of the date of the discovery of the defect.

Unless otherwise proved, it is presumed that the defects of conformity which occur within six months of the delivery of the product already existed on that date, unless such hypothesis is incompatible with the nature of the product or with the nature of   Lack of conformity.  After six months, the user will be required to provide proof that the damage was not caused by incorrect or improper use of the product.

In accordance with art.  130 of the consumer code, in the event of a defect in the product conformity, the user is entitled to restore the product's conformity without charge.  To this end, the user can normally choose between the repair of the product or its replacement.  This right of choice cannot be exercised if the remedy required is objectively impossible or excessively onerous.  In addition, the user is entitled to an adequate reduction of the price or to the termination of the contract, only if one of the following situations is fulfilled: i) repair and replacement are impossible or excessively costly;  II) the holder has not provided for repair or replacement within a reasonable time limit;  III) The replacement or repair has caused considerable inconvenience to the consumer.

If the User intends to take advantage of the remedies provided by the legal warranty that accompanies the Products, he must contact the Holder at the e-mail address venice(5>lagabbianella.com or call Customer Service at +39 0415244891. The Owner will promptly acknowledge the communication of the alleged conformity defect and will indicate to the User the specific procedure to be followed, also taking into account the merchandise category to which the Product belongs and/or the reported defect.

12. User-Submitted content

The user may upload material, content, information, announcements or listings (hereinafter "content" or "content") to the application, provided that the content is not unlawful (i.e. obscene, intimidating, defamatory, pornographic, Busivo, or any illegal title, or violates the privacy, intellectual and/or industrial property rights of the rightholder and/or third parties) or otherwise is detrimental to the holder and/or third party or deplorable and does not contain viruses,   Political propaganda commercial solicitation, mass email or any other form of spamming.

The user is totally and exclusively responsible for the use of the application (to be understood with regard to the functions of publication, consultation, content management and contact between users) and is therefore the only guarantor and response of the goods and services offered and the correctness, completeness and lawfulness of the content and its behaviour in the field of contact between users.

In case of publication of advertisements, the user guarantees the availability and/or the ownership of the goods/service subject to the same advertisements.  You also warrant that your advertisements do not infringe any copyright or any right of industrial property or any other right of third parties.  In case of dispute by third parties regarding any announcement or conduct linked to it, the user assumes full responsibility and undertakes to keep the holder unharmed by any damage, loss or expense.

The owner, although not able to ensure punctual control over the contents received, reserves the right to cancel, move, modify those which, at its discretion, appear unlawful, abusive, defamatory, obscene or  Copyright and trademarks or in any case unacceptable.

The use of violent language will be reason for immediate suspension and for expulsion from the application.

It is prohibited to use an e-mail address that is not the user's entitlement, to use the personal data and other user's credentials in order to appropriate its identity, or otherwise to declare false on the orig Content.

You acknowledge and agree that content sent to interact with the application (without limitation, to post comments, express opinions, participate in surveys and initiatives, send images or video files and AUD i) can be modified, removed or published by the owner.  The user grants the owner an unrestricted right of non-exclusive use on the content submitted by the user, without limitation of geographic areas.  The holder may therefore, directly or through third parties of his/her trust, use, modify, copy, transmit, extract, publish, distribute, publicly execute, disseminate, create derivative works, host, index, store, annotate E, codify, modify and adapt (including without limitation the right to adapt for transmission in any manner of communication) in any form or with any instrument currently known or will be in the future invent All content (including images, messages, even audio and video), which should be sent by the user, even through third parties.

It is expressly prohibited, unless explicitly authorized by the holder:

• The use of automatic ad loading systems, except those expressly authorized;
• Serial publication and/or management of ads on behalf of third parties by any means or modalities;
• Resell the services of the proprietor to third parties.

In relation to the contents sent, the user hereby disclaims all material and moral rights which he or she may boast as an author in relation to the changes made by the holder to such content and in the event that the modifications are not appreciated   or accepted by the author himself.

The contents sent will not be returned and remain the property of the owner who is therefore exempt from any liability to users for the loss, modification or destruction of the content transmitted.

The user also warrants that the content is sent to the application through his/her account by older age.  For minors, the delivery of content must be evaluated and authorized by the owners of parental authority.

13. Industrial and intellectual property rights

The holder declares to be the holder and/or licensee of all intellectual property rights related to and/or pertaining to the application and/or the materials and content available on the application.

These conditions do not grant the user any license to use the application and/or individual content and/or materials available there, unless otherwise disciplined.

All trademarks, figurative or nominative and all other signs, trade names, service marks, Word marks, trade names, illustrations, images, logos appearing in the application are and remain the title of the Ti or its licensees and are protected by the laws in force on trademarks and related international treaties.

Any reproductions in any form of the explanatory texts and the contents of the application, if not authorized, will be considered violations of the right intellectual and industrial property of the proprietor.

14. Disclaimer of Warranty

The application is provided "as is" and "as is available" and the owner makes no express or implied warranties with respect to the application, nor does it provide any assurance that the application will meet the needs of the users Ti or that will never have interruptions or will be error free or that will be free of viruses or bugs.

The holder shall endeavour to ensure that the application is available without interruption 24 hours a day, but in no way shall it be held liable if, for any reason, the application is not accessible and/or operational in  Any time or for any period.

Access to the application may be suspended temporarily and without notice in the event of a failure of the system, maintenance, repairs or for reasons wholly unrelated to the will of the holder or for events of force majeure.

15. Limitation of Liability

The rightholder shall not be liable to the user, except in the case of intentional intent or gross negligence, for any disservice or malfunction connected with the use of the Internet network outside the control of his or her sub-suppliers.

The holder shall also not be liable for damages, losses and costs incurred by the user as a result of the non-execution of the contract for reasons not attributable to him, having the user entitled only to the eventual full refund   Of the price paid and any ancillary charges incurred.

The holder assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, cheques and other means of payment, upon payment of the services purchased, if  Demonstrate that you have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

The user undertakes to indemnify and manipulate the holder (and any company owned by the same subsidiaries or affiliates, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees) from here Any obligation or liability, including any legal costs incurred to defend yourself in court, which may arise in the face of damages caused to other users or third parties, in relation to the content uploaded or to the infringement of the Termin The law or the terms of these terms.

Therefore, the holder will not be liable for:

Any losses which are not direct consequences of the breach of the contract by the holder:

• Any loss of business opportunity and any other loss, whether or not indirect, incurred by you (such as, without limitation, commercial losses, loss of revenues, revenue, profits, or presumed savings, you lose of contracts or commercial relations, loss of reputation or goodwill value, etc.);
• Incorrect or unsuitable use of the application by users or third parties;
• The issue of incorrect tax documents due to errors relating to the data provided by the user, the latter being the sole responsible for the correct insertion.

In No event shall the holder be liable for a sum exceeding twice the cost paid by the user.

16. Force Majeure

The proprietor shall not be liable for the failure or delayed fulfilment of his obligations, by circumstances beyond the reasonable control of the holder due to events of force majeure or, in any event, to events  Unforeseen and unpredictable and, however, independent of the will, such as, but not limited to, failures or interruptions to telephone or electrical lines, the Internet network and/or any other transmission equipment, Indis Availability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the delivery of third-party products, services or applications.

The fulfilment of the obligations by the rightholder shall be deemed to be suspended for the period in which events of force majeure occur.

The holder will carry out any act in his power to identify solutions that allow the proper fulfillment of his bonds despite the persistence of force majeure events.

17. Linking to third-party sites

The application may contain links to third-party sites.  The holder does not exercise any control over them and therefore is in no way responsible for the contents of these sites.

Some of these links may return to third-party sites that provide services through the application.  In these cases, the individual services will apply the general conditions for the use of the site and for the enjoyment of the service prepared by third parties, with respect to which the proprietor assumes no responsibility.

18. Waiver

No waiver by any party of any article of these Terms shall be effective unless it is expressly stated that it is a waiver and is communicated in writing.

19. Invalidity of individual clauses

If any provision of these conditions is unlawful or invalid, it shall not be considered as part of the conditions and this will not affect the remaining provisions which continue to apply to the extent  Maximum permitted by law.

20. Privacy Policy

The protection and processing of personal data will be in conformity with the privacy statement, which can be consulted on the page www.lagabbianella.com/privacy

21. Applicable law and jurisdiction

These conditions and all disputes concerning execution, interpretation and validity are subject to the Italian law and the exclusive jurisdiction of the Court of the place where the proprietor is based.

If the user is a consumer within the meaning of Alt 3 of the consumer code, the mandatory territorial jurisdiction is the Court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, save   The faculty for the user-consumer to call a judge other than that of the "Consumer Forum" ex Art.  66 bis of the consumer Code, competent by territory according to one of the criteria laid down in the arts.  18.19 and 20 of the Civil Procedure Code.

22. Online dispute resolution for consumers

The consumer residing in Europe must be aware of the fact that the European Commission has set up an Online platform providing an alternative dispute resolution tool.  This instrument may be used by the consumer to resolve in a non-judicial way any dispute relating to and/or arising out of contracts for the sale of goods and services concluded on the net.  As a result, the consumer can use this platform to resolve any dispute arising from the online contract with the rightholder.  The platform is available at the following address: http://ec.europa.eu/consumers/odr/

Date 09/02/2019