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Terms and Conditions Love Our Planet

Last updated: 02/02/2021
Users who use the Services offered on https://www.loveourplanetfootwear.com/ by NOVIFOOTWEAR SRL (from now on also only “Novi” or the “Owner”) declare that they know and accept these general terms and conditions, together with the Privacy Policy which is an integral part of it.
Owner of Love Our Planet and related Services
NOVIFOOTWEAR SRL
Pero (MI), Via XXV Aprile, n. 5, ZIP code: 20016
VAT number: 05402830961
REA: MI – 1819481
Email of the Titular: info@loverourplanetfootwear.com
Support Email: support@loveourplanetfootwear.com
About Love our Planet
Love our Planet is an e-commerce that sells eco-sustainable and vegan footwear to use recycled, natural and more sustainable materials.
1.    Introduction
 
1.1 This document
This document constitutes a legal agreement between you, the User, and the company that manages Love our Planet and governs your use of the website and, in any case, the use of the services provided.             
 
1.2 Definitions
 “Legal Agreement” “Agreement” means that the terms of this Agreement, once accepted by the User, are binding on the User;
“User”, “you”, “your” and similar terms, both singular and plural, refer to you, the User;
“NOVIFOOTWEAR Srl”, “we”, “our” and similar terms refer to the company that owns and manages Love our Planet;
“Love our Planet” refers to this site;
 “Services” means the features and functionalities that you can use through Love our Planet;
 “Agreement” refers to this document;
 “Consumer” refers to any natural person who acts for purposes that do not fall within the framework of his commercial, industrial, craft or professional activity;
“Receipt of the order” refers to the receipt by NOVIFOOTWEAR SRL;
“Order confirmation” refers to the communication via email that NOVIFOOTWEAR sends to the User confirming the Order sent.
1.3 Acceptance of the Agreement
To use the Services, you must carefully read and accept the Agreement and the Privacy Policy which is an integral part of it, by clicking on the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.             
2.    Registration, Love our Planet Content and Use
 
2.1 Registration 
To use the Service or any part thereof, the User can register by providing truthful and complete all the required data in the relevant registration form and fully accept the Privacy Policy and these terms and conditions. The User must guard and keep his access credentials confidential.             
It is understood that in no case can the Data Controller be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
Registration is not required to purchase on Love Our Planet, however it is recommended.
2.2 Deletion and closure of User accounts
Registered Users can deactivate their accounts, request their deletion or stop using the Service at any time by contacting the Owner directly at the email addresses listed in these Terms.             
In case of violation of these Terms, the Owner reserves the right to suspend or close the User’s account at any time and without notice. The Owner reserves the right to suspend or cancel the User’s account at any time and without notice if it believes that:
  • the User has violated the Agreement; and/or
  • access or use of the Service could cause damage to Love our Planet, to other Users or third parties; and/or
  • the use of Love our Planet by the User may result in a violation of the law or applicable regulations; and/or
  • in the event of investigations carried out following legal actions or involving the public authorities; and/or
  • The Owner deemed the account at its sole discretion and for any reason, inappropriate or offensive or in violation of the Agreement or not in line with the standards of Love our Planet.
2.3 Content available on Love our Planet
The contents available on Love our Planet are protected by copyright law and other international laws and treaties to protect intellectual property rights. Unless otherwise specified, their use is allowed to Users only within limits specified in this clause.
For the entire duration of the Agreement, Love our Planet grants the User a personal, non-transferable and non-exclusive license for exclusively personal and never commercial purposes.
Therefore, it is expressly forbidden for the User to copy and/or download and/or share (except within limits illustrated below), modify, publish, transmit, sell, sub-license, process, transfer/assign to third parties or create works derived in any way from the contents, including third parties, available on Love our Planet, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on Love our Planet, the User, only for personal use, may be authorized to download and/or copy and/or share some contents made available on Love our Planet, provided that he faithfully reproduces all the copyright and other information provided by the Data Controller.
2.4 Contents provided by users
Users are responsible for their own and third-party content that they share on Love our Planet by uploading them, inserting content or in any other way.
Users indemnify the Owner from any liability concerning the unlawful dissemination of third parties content or the use of Love our Planet in ways contrary to the law.
The Owner does not carry out any moderation of the contents published by the User or by third parties, but undertakes to intervene in the face of reports from Users or orders given by public authorities concerning content deemed offensive or illegal.
In particular, Love our Planet may suspend or interrupt the display of content if:
  • complaints are received from other Users;
  • receives a report of infringement of intellectual property rights;
  • believes it must do so in anticipation of, or as a result of, legal action;
  • a public authority requests such action; or
  • believes that such content, remaining accessible through Love our Planet, could put Users, third parties, the availability of the Service and/or Love our Planet at risk.
2.5 Contents provided by third parties
The Owner does not make any preventive moderation on the content or links provided by third parties shown on Love our Planet. The Owner is not responsible for such contents and their accessibility.
2.6 Services provided by third parties
Users may use services or content included in Love our Planet provided by third parties, but they must first have read the terms and conditions of such third parties and have accepted them. Under no circumstances can the Owner be held responsible to the correct functioning or availability, or both, of services provided by third parties.
2.7 Unauthorized use
The Service must be used as established in the Terms. Users cannot:        
  • reverse engineer, decompile, disassemble, modify or create derivative works based on Love our Planet or any portion of it;
  • bypass the computer systems used by Love our Planet or its licensors to protect the content accessible through it;
  • copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Love our Planet;
  • use any robot, spider, search and/or site retrieval platform, or any other device, process or automatic means to access, retrieve, to scrape or index any portion of Love our Planet or its contents;
  • rent, lease or sub-lease Love our Planet;
  • defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
  • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
  • use Love our Planet in any other improper way that violates these Terms.
3.     Purchase procedure             
 
3.1 Prices
During the purchase process and before placing the Order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.             
Prices on this Platform:
  • include all applicable fees, taxes and costs or are shown net of applicable fees, taxes and expenses.
3.2 Purchase procedure
Each Order sent constitutes an offer to purchase the products. Orders are subject to availability and the Owner’s discretionary acceptance.             
The User must select the products and complete the check-out after carefully checking the order summary’s information. The sending of the Order gives rise to the User of the obligation to pay the price, taxes and shipping costs indicated in the Order Summary form.
The Owner confirms receipt of the Order by sending a confirmation email to the address indicated by the User. The confirmation of receipt of the Order does not constitute acceptance of the Order. The contract is concluded when the Owner declares acceptance by sending an acceptance email to the address indicated by the User.
The Owner reserves the right not to accept an order by informing the User without delay and within 3 days of receiving the Order, at the email address associated with his purchase, of any unavailability of one or more of the products purchased. In this case, any payments already made will be reversed and reimbursed.
To request the invoice, the User can send an email to support@loveourplanetfootwear.com.
3.3 Payment methods
Love our Planet uses several secure tools for payment processing.
The User can use the third-party payment gateways PayPal, Stripe, in this case NOVIFOOTWEAR will not in any way come into contact with the payment data – such as those relating to the credit card – provided.
The User can read, and is invited to do so, the conditions of use of these tools: PayPalStripe
3.4 Product description
Prices, descriptions, and availability of the Products are specified in this platform’s respective sections and are subject to change without notice.             
Although the Products on this platform are presented with the most excellent accuracy technically possible, the representation on this platform by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only. It does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
3.5 Product availability
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of the quality of the products.             
In case of unavailability of the ordered Product (s), without prejudice to the rights attributed to the User by law, the Data Controller will refund this amount without undue delay and, in any case, within the indicative term of 15 working days from the date of collection. This amount will generally be credited to the same payment method used by the User for the purchase or the other means agreed between the User and the Owner. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
3.6 Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the ordered Product’s availability.
The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties when sending the Order Confirmation.             
3.7 Delivery 
Deliveries are made during regular hours and working days to the User’s address and in the manner specified in the order summary.             
Unless otherwise specified, the products are delivered in 3-7 working days.
No deliveries are made on Saturdays, Sundays and public holidays.
We deliver our goods only in the following countries: Italy, Germany, Austria, Belgium, Luxembourg, France, Spain and the Netherlands.
Attention: In Italy we do not deliver our goods in the remote areas whose ZIP code is mentioned in the this link and in free zones such as San Marino, Livigno etc.
Abroad we do not deliver in the areas whose ZIP code is mentioned in the link and in the free zones as Faroe Islands, Canary Islands, Monaco, Azores etc.
Shipping fees
  • Italy: Free
  • Germany, Austria, Belgium, Spain, Luxembourg, France and the Netherlands: 6.99 Euros
Upon delivery, the User must verify the content by specifying any anomalies in the delivery form.
In particular, at the time of delivery, the User is required to check:
  • That the number of packages delivered corresponds to what is indicated on the invoice;
  • That the packaging is intact, not damaged or wet or, in any case, altered.
Any external damage or mismatch in the number of packages or information must be immediately reported to the courier making the delivery, adding the wording “collection with reserve” on the appropriate transport document. In the specific case of a damaged package, write ” with reserve because the package is damaged”.
In case of failure to collect within the carrier’s deadline, the products will be returned to the Owner, who will refund the products’ price, but not the shipping costs.
The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, nor for delays in shipment or damage that may have occurred to the products after delivery to the carrier, where the latter has been chosen and appointed by the User.
For any information about shipping and delivery, the User can contact Love Our Planet at the email address: support@loveourplanetfootwear.com.
3.8 Customer Support
The User can send their requests to support@loveourplanetfootwear.com.
The Customer Service is active from Monday to Friday from 9.00 to 18.00.
Any requests received during public holidays will be processed on the first working day.
To meet the request, NOVIFOOTWEAR Srl reserves a maximum timeframe of 3 working days.
3.9 Retention of title
Until full payment of the price of the products ordered, the products remain the property of NOVIFOOTWEAR Srl.             
4. Right of withdrawal
4.1 Withdrawal of the User
In case of purchase of products on Love our Planet, the User has the right to withdraw from the contract without indicating the reasons within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods.
To exercise the right of withdrawal, the User must inform the Owner of the decision to withdraw using an explicit declaration sent to the contacts indicated.
When does the withdrawal deadline expire?      
  • In case of purchase of goods, the withdrawal period expires after 14 days from the day the   User or a third party – appointed by him and other than the courier – takes possession of the goods.
  • In the event of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – by the latter in charge and different from the courier – takes possession of the last of the goods, lots or pieces.
4.2 Effects of withdrawal
These refunds will be made using the same payment method used by the User for the initial transaction unless the Parties have expressly agreed otherwise; in any case, the User will not have to incur any costs as a consequence of this refund. The sums’ repayment times are approximately 10-15 working days from the date on which the Owner receives the returned item.      
The refund can be suspended until the Owner has received the goods.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the expiry of the 14 days.
To return the products, the Customer can contact Love Our Planet at support@loveourplanetfootwear.com and then fill in the return form at the following link.
The return shipping costs are charged to the Customer.
Alternatively, the Customer can also use the collection service by express courier organized by the Owner.
The Service must be booked by contacting Love Our Planet at support@loveourplanetfootwear.com, filling out the return form at the link indicated above; the support of Love Our Planet will contact the Customer and define the date and address where the Products will be collected.
The collection service cost is € 6.99 for Italy and € 12.99 for abroad and will be retained at the time of reimbursement.
The return must be made in the original packaging, perfectly intact and sealed.
The User is only responsible for the decrease in the value of the goods resulting from handling the goods other than that necessary to establish their nature, characteristics, and functioning.
4.3 Limitations to the right of withdrawal on products
The right of withdrawal does not apply to goods made to measure or personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to being returned for hygienic reasons or are related to health protection and have been opened after delivery.
4.4 Applicability of the clauses on withdrawal
The clauses concerning the exercise of the right of withdrawal and the related consequences and exceptions apply exclusively to the User who qualifies as a Consumer, i.e. to the User who acts for purposes unrelated to his own entrepreneurial and professional activity.
5. Legal guarantee of conformity of the Seller’s property
The User who purchases as a Consumer has the right of guarantee on the products and services purchased within the limits of 24 months from the purchase and under the conditions established by law.
The Owner must be notified of the defects found, in the same way provided for the withdrawal, within 2 months of their discovery.
The User is required to return the Product by following the instructions indicated in the appropriate section of the site or, failing that, by contacting the Owner to exercise the right of guarantee.
Suppose the lack of conformity of the Product is ascertained. In that case, the User has the right to obtain, at his choice, the repair or replacement of the Product, as well as any costs incurred for the return of the goods if the non-conformity is ascertained.
The User also has the right to request NOVIFOOTWEAR Srl for an appropriate price reduction or termination of the contract in the following cases:
  • if repair and replacement are impossible or excessively expensive;
  • if NOVIFOOTWEAR Srl has not repaired or replaced the goods within a reasonable period, in any case not less than 30 (thirty) days;
  • if the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is in any case obliged to return the defective products.
6. Warranty, Indemnification and Limitation of Liability
 
6.1 Indemnity
The User undertakes to indemnify the Owner (and any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damage caused to other Users or third parties, concerning the content uploaded online, to the violation of the terms of the law or the terms of these conditions of Service.
6.2 Limitations of liability 
Within the limits of applicable law, the Owner is liable for damages of a contractual and extra-contractual nature to Users or third parties only when these constitute an immediate and direct consequence, for willful misconduct or gross negligence, of the activity of Love our Planet.             
The User expressly exempts and relieves the Owner from any liability, within limits permitted by applicable legislation, about any damages or claims of any kind and nature of his own and/or third parties, including direct, indirect, punitive, incidental, special damages, damages deriving from lost profits, lost revenues, loss of data or replacement costs deriving from or otherwise connected with this Agreement.
NOVIFOOTWEAR in particular, within the limits of applicable law, be liable for contractual and non-contractual damages against Users and third parties only by way of fraud or gross negligence when these are the immediate and direct consequence of the NOVIFOOTWEAR S.r.l..
Therefore, the Owner will not be responsible for:
  • any losses that are not a direct consequence of NOVIFOOTWEAR’s breach of the Agreement;
  • any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as but not limited to commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);
  • damages or losses deriving from interruptions or malfunctions of Love Our Planet due to events of force majeure or, in any case, to unforeseen and unforeseeable circumstances and, in any case, independent of the will and outside the control of NOVIFOOTWEAR such as, by way of example and not exhaustive, breakdowns or interruptions to telephone or electrical lines, to the internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications third parties;
  • incorrect or unsuitable use of Love Our Planet by Users or third parties.
7. COMMON PROVISIONS
7.1 No implied waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final concerning a specific right or any other right.             
7.2 Service Interruption
The Owner reserves the right to add, remove features or features or suspend or interrupt the Service’s provision entirely, both temporarily and permanently. In the event of a definitive interruption, the Data Controller will act as possible to allow Users to collect their information hosted by the Data Controller.
7.3 Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Love our Planet and its Services without the Owner’s express permission, guaranteed directly or through a specific resale program.
7.4 Privacy policy
For information on personal data, Users must refer to the Privacy Policy of Love our Planet.
7.5 Intellectual property
All the trademarks of the platform, figurative or nominative, and all other signs, commercial names, service marks, wordmarks, commercial names, illustrations, images, logos that appear concerning Love our Planet are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and related international treaties.             
All trademarks, figurative or nominative and all other signs, trade names, service marks, wordmarks, trade names, illustrations, images, logos that appear concerning third parties are and remain the exclusive property of such third parties or their assignors and are protected by current trademark laws and related international treaties. The Owner does not own them and is authorized to use and/or show them on Love our Planet within the limits of the agreements stipulated with such third parties and for the sole purpose of providing the Service.
7.6 Age requirements
Users declare to be of age according to the legislation applicable to them.
Minors may use Love our Planet only with the assistance of a parent or guardian. Under no circumstances may children under the age of 13 use Love our Planet.
7.7 Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by posting it on Love our Planet.
The User who continues to use Love our Planet after the publication of the changes accepts the new Terms without reserve.
7.8 Transfer of the contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, at the condition that  User’s rights provided herein are not affected.
The User may not assign or transfer in any way their rights or obligations under the Terms without the Owner’s written authorization.
7.9 Communications
All communications relating to Love our Planet must be sent using the contact information indicated in the Agreement.
7.10 Ineffectiveness and partial nullity
Should any clause of the Terms prove to be null, invalid or ineffective, the clause mentioned above will be eliminated while the remaining clauses will not be affected by this and remain fully effective.
8. Disputes
 
8.1 Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Data Controller is based. If the User is a European consumer, the court will be where the consumer resides.
8.2 Online Dispute Resolution for European Consumers
The European resident consumer must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. The European consumer can use this tool to resolve in a non-judicial way any dispute relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.             
The Data Controller is available to answer any question sent to the email address published in this document.