This document outlines the terms and general conditions for the use of the website www.partybag.it, which offers online sales of consumer goods provided by the owner of the Application.
Definitions
To enable a complete understanding and acceptance of these terms and conditions, the following terms, both in the singular and plural, shall have the meanings indicated below:
- Owner: Louder S.r.l., with registered office at via San Rigo 23, 42123, Reggio Emilia, VAT / Fiscal Code IT-02597380357, REA RE-296410, fully paid-up share capital €22,000.00, PEC address loudersrl@pec.it
- Application: the website www.partybag.it
- Products: physical goods sold by the Owner
- User: any individual accessing and using the Application
- Consumer User: the adult individual entering into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity
- Professional User: the adult individual or legal entity entering into a contract for the conduct or needs of their entrepreneurial, commercial, artisanal, or professional activity
-Contents: any textual or multimedia element present on the Application, including, for example, announcements, listings, reviews, images, etc.
- Conditions: this contract governing the relationships between the Owner and Users and the sale of Products offered by the Owner through the Application.
Scope of Application of the Conditions
The use of the Application implies the User's acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other note, legal notice, or information published or referred to therein, they cannot use the Application or its services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.
Before using the Application, the User is required to carefully read and save or print the Conditions for future reference.
The Owner reserves the right to vary, at its discretion, the graphical interface of the Application, the Contents, and their organization, as well as any other aspect characterizing the functionality and management of the Application, communicating to the User, if necessary, the relevant instructions.
Purchase through the Application
All Products offered through the Application are described in detail on their respective product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies, or minor differences may arise between what is published on the Application and the actual Product. Moreover, any images of the Products are purely representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are allowed for both Consumer Users and Professional Users.
For individuals, purchases are allowed only if they are of legal age. For minors, every purchase or request for the supply of Products through the Application must be assessed and authorized by parents or legal guardians.
The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will be considered a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner has, at its sole discretion, the right to accept or reject the User's order without the latter being able to object or complain about anything for any reason.
The contract of sale of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address provided by the User, including the order date, User data, Product characteristics and availability, price or method of calculating the price, any additional charges and taxes, delivery address, delivery times and any delivery costs, methods for exercising the right of withdrawal or its possible exclusion, and warranty information.
The contract of sale of the Products is not considered effective between the parties in the absence of what is indicated above.
If the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they intend to confirm the order or not. It is understood that the contract will be considered perfected for the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner, preserving a copy of their order, the related confirmation, and the Conditions.
Prices and Payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
Additionally, all possible taxes, additional charges, and delivery costs that may vary depending on the destination, chosen delivery method, and/or payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.
The Owner reserves the right to modify, at any time, the prices of the Products and any additional costs. It is understood that any price changes will not prejudice contracts already concluded before the modification.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all necessary data if requested.
The Application uses third-party tools for payment processing and does not come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
If these third-party tools deny authorization for payment, the Owner cannot provide the Products and cannot be considered responsible in any way.
Invoicing
Users wishing to receive an invoice will be asked for billing details. For the issuance of the invoice, the information provided by the User, which they declare and guarantee to be true, will be considered valid, releasing the Owner from any broader indemnity in this regard.
Delivery Methods of Physical Products
Physical Products (including any material goods with digital elements) will be delivered to the address indicated by the User, with the methods and within the period chosen or indicated on the Application and reported in the order confirmation. If not specified otherwise, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In case it is not possible to provide the requested Products, timely notice will be given via email to the User, indicating when they are expected to be delivered or the reasons making the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, they can request a refund of the amount paid, which will be promptly credited in the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the placed order and the integrity of the packaging. In case of evident damage to the packaging and/or the Product, the User can refuse the delivery of the Product and return it at no cost. Once the delivery document is signed, the User cannot raise any objections regarding the external characteristics of the delivered Products.
The Owner will not be liable to any party or third parties for damages, losses, and costs suffered as a result of the non-execution of the contract due to force majeure.
Users' Right of Withdrawal from the Purchase of Material Products
The Consumer or Professional User has the right to withdraw without any penalty and without specifying the reason within 30 days from the date of receiving the Product by sending a written communication to the email address info@partybag.it, using the optional withdrawal form in the subsequent article or any other written statement.
In the case of separate delivery of multiple Products ordered by the Consumer or Professional User in a single order, the 30-day period for exercising the right of withdrawal starts from the day the last Product was received.
In the event of withdrawal, the User must return the Product to the Owner without undue delay and in any case no later than 14 days from the date of communicating the decision to withdraw from the contract. The User will bear only the direct cost of returning the Product unless the Owner has declared to bear it.
In the case of a correctly exercised withdrawal, the Owner will refund the payments received from the User in the same payment methods used by the User for the initial transaction without undue delay and in any case within 14 days from the day the User communicated the decision to withdraw from the contract.
The Owner is not obliged to refund delivery costs if the User has expressly chosen a type of delivery other than the least expensive type offered by the Owner.
The Owner, unless offering to collect the Product himself, can withhold the refund until receiving the Product or until the Consumer User has proven they have returned it.
The Owner will not accept the return if the Product is found to be malfunctioning due to improper use, negligence, damage, or physical, aesthetic, or superficial alterations, tampering, or improper maintenance or wear and tear. In such cases, the Owner will return the purchased Product to the sender, charging them for shipping costs.
Cases of Exclusion of the User's Right of Withdrawal
The right to withdraw from the sales or supply contract of the Products by the User is excluded for:
- the supply of Products whose price is linked to fluctuations in the financial market that the Owner cannot control and that may occur during the withdrawal period
- the supply of custom-made or clearly personalized Products
- contracts in which the User has specifically requested a visit from the Owner or a professional appointed for urgent repair or maintenance work. If, on the occasion of such a visit, the Owner or an appointed professional provides services beyond those specifically requested by the User or goods other than spare parts necessary for maintenance or repairs, the right of withdrawal applies to such additional services or goods
For further clarification, contact the Owner at the email address info@partybag.it or call customer service at (+39) 366 422 7751.
Optional Form to Exercise the Right of Withdrawal
The User can withdraw using the following form, which must be completed in full and sent to the email address info@partybag.it before the expiration of the withdrawal period:
I hereby communicate the withdrawal from the sales or supply contract related to the following product __________
Order number: __________
Ordered on: __________
Name and Surname: __________
Address: __________
Email associated with the account from which the order was placed: __________
Date: __________
Warranty for Material Products for Professional Users
In relation to Material Products, Professional Users will be subject to the warranties for defects in the sold item, the warranty for promised and essential quality defects, and other warranties provided by the civil code with their respective terms, forfeitures, and limitations (Articles 1490 et seq. c.c.).
Warranty of Conformity for Material Products for Consumer Users
Consumer Users are granted the warranty of conformity, as provided for in Articles 129 and following of the Consumer Code, for all Material Products sold through the Application, with the exception of cases of exclusion provided for in Article 128 of the Consumer Code.
The Owner is responsible to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have existed on that date unless this assumption is incompatible with the nature of the Material Product or the nature of the lack of conformity.
If the Consumer User intends to avail themselves of the remedies provided by the warranty of conformity, they must send a written communication to the email address info@partybag.it or by calling customer service at (+39) 366 422 7751.
The Owner will promptly respond and indicate to the Consumer User the procedure to follow.
For what is not provided for by this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the civil code regarding the formation, validity, and effectiveness of contracts apply, including the consequences of the resolution of the contract and the right to compensation for damages.
Content Sent by Users
The User can upload Content to the Application, provided that it is not illegal (obscene, threatening, defamatory, pornographic, abusive, or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass emails, or any other form of spamming. In case of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless from any damage, loss, or expense.The User guarantees that the Content is submitted to the Application through their account by individuals of legal age. For minors, the submission of Content must be assessed and authorized by parents or legal guardians.
The User is solely and exclusively responsible for the use of the Application regarding the functions of publication, consultation, Content management, and contact between Users, and is therefore the only guarantor and responsible for the correctness, completeness, and lawfulness of the Content and their behaviour.
It is prohibited to use an email address that is not owned by the User, use the personal data and credentials of another User to appropriate their identity, or otherwise falsify the origin of the Content.
The Owner cannot ensure timely control over received Content and reserves the right at any time to delete, move, modify those that, in its discretionary judgment, appear illegal, abusive, defamatory, obscene, or infringe copyright and trademarks or are otherwise unacceptable.
Users grant the Owner a non-exclusive right to use the submitted Content, without geographical limitations. The Owner may, therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify, and adapt (including, without limitations, the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, also through third parties.
The submitted Content will not be returned, and the Owner will not be liable to Users for the loss, modification, or destruction of the transmitted Content.
It is expressly prohibited, unless explicitly authorized by the Owner: I) the use of automatic ad posting systems, except those expressly authorized, ii) serial publication and/or management of ads on behalf of third parties by any means or method, iii) reselling the Owner's services to third parties.
Industrial and Intellectual Property Rights
All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and adaptations are protected by copyright law and legislation protecting trademarks. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish or use the Content without the specific authorization of the Owner.
Exclusion of Warranty
The Application is provided "as is" and "as available," and the Owner provides no explicit or implicit warranty regarding the Application. The Owner does not guarantee that the Application will meet Users' needs or that it will never have interruptions or be error-free or free of viruses or bugs.The Owner will strive to ensure that the Application is continuously available 24 hours a day, but cannot be held responsible in any way if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of a system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or for force majeure events.
Limitation of Liability
The Owner cannot be held responsible towards the User, except in cases of wilful misconduct or gross negligence, for malfunctions or dysfunctions related to the use of the internet outside of its control or that of its suppliers.
The Owner will not be liable for damages, losses, and costs incurred by the User due to the non-performance of the contract for reasons not attributable to them, with the User having the right only to the possible full refund of the amount paid and any ancillary charges incurred.
The Owner assumes no responsibility for the fraudulent and illicit use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, name of the holder, password, etc.).
The Owner will not be liable for:
- any loss of business opportunity and any other loss, even indirect, suffered by the User that is not a direct consequence of the Owner's breach of the contract
- incorrect or improper use of the Application by Users or third parties
- the issuance of incorrect tax documents or data due to errors related to the data provided by the User, as the latter is solely responsible for the correct entry
In no case can the Owner be held liable for an amount exceeding twice the cost paid by the User.
Force Majeure
The Owner cannot be considered responsible for the non-performance or delayed performance of its obligations, due to circumstances beyond its reasonable control due to force majeure events or, in any case, unforeseen and unforeseeable events, and in any case, independent of its will.
The performance of the Owner's obligations will be considered suspended for the period in which force majeure events occur.
The Owner will do everything in its power to find solutions that allow the correct performance of its obligations despite the persistence of force majeure events.
Linking to Third-Party Sites
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and is not responsible in any way for the content of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and the use of the service prepared by the third parties will apply to individual services, to which the Owner assumes no responsibility.
Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted at the page https://www.partybag.it/privacy/
Applicable Law and Competent Court
The Conditions are subject to Italian law.
For Professional Users, for any dispute related to the Application, execution, and interpretation of these Conditions, the competent court is the one where the Owner is based.
For Consumer Users, any dispute related to the application, execution, and interpretation of these Conditions will be devolved to the court where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User's right to resort to a judge other than that of the "consumer forum" pursuant to Article 66 bis of the Consumer Code, competent for the territory according to one of the criteria of Articles 18, 19, and 20 of the civil procedural code.
The application of any provisions more favourable and non-derogable provided by the law of the country where Consumer Users have their habitual residence, particularly regarding the deadline for exercising the right of withdrawal, the deadline for returning Products in case of exercising this right, the methods and formalities for communicating it, and the legal warranty of conformity, is reserved.
Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute arising from and/or related to contracts for the online sale of goods and the supply of services. Therefore, the Consumer User can use this platform to resolve any disputes arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 31/08/2023
