Terms and Conditions
1 Introduction
Welcome to the giovannimotta.com website (the “Website”). Megaborg S.r.l. (“Megaborg”, “we”, “us” or “our”) provides the products and services available on the Website. Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your customer payment with us on the Website you agree to be bound by the Terms and Conditions which forms a contract between you and us.
2 Use of the Website
About Megaborg S.r.l.
Megaborg S.r.l. is the supplier of the products and the provider of the services which form part of the Website. Our address for correspondence is Piazza del Porto, 24 37124 Verona (VR) Italy and our P.IVA & CF registration number is 04073030233.
About the Website
We endeavour to ensure that the availability of the Website will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website or parts of it may occasionally be suspended or restricted to allow for repairs, updates, maintenance or the introduction of new facilities.
Eligibility
To be eligible to purchase products on this Website and to lawfully enter into and form contracts on this Website under Italian law you must:
be 18 years old or older;
be the holder of a valid debit/credit card; and
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by sending an e-mail to info@megaborg.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Privacy
Please review our Privacy Policy, which explains our use of information you provide via the Website so that you may understand our privacy practices.
Language
The contract between you and us shall be concluded in English or Italian.
3 Placing an order
You will be guided through this process by a series of simple instructions on the Website during the process of the order.
You place your order request for products from the Website by clicking on the "Pay Now" button.
Once you have placed your order, we will send to you an acknowledgement by email providing you with a customer order number and the value of your order which has been debited to your credit/debit card. This is not an order confirmation or order acceptance from Megaborg S.r.l..
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have despatched the products ordered by you. We will also send you a separate email following the despatch email which acts as a VAT invoice and receipt.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. From our acceptance of your order, please allow the days for delivery (see Delivery section below).
If you do require any information regarding your order(s) please email info@megaborg.com.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email, post or telephone advising you of this. See Cancellation and Returns Procedures below.
4 Delivery:
The price for delivery will be made clear to you after you have entered your delivery address during the on-line order process.
Our current delivery options from our acceptance of your order:
For deliveries within Italy: Sent via Express Courier; please allow up to 40 working days. No expedition charges will be added.
For deliveries to Europe: Sent via Express Courier; please allow up to 40 working days. 20 Euros will be added for expedition charges..
For deliveries to rest of world: Sent via International courier service; please allow up to 40 working days. 40 Euros will be added for expedition charges.
Megaborg S.r.l. does not accept any liability whatsoever for delayed delivery caused by any third party (including without limitation any delays which may be caused by any fulfilment houses which we may use). As soon as you have received the products, you will assume all risk in the products, as already mentioned above.
5 Description of Products and Accuracy of Information
We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colours as they appear on-screen may not be representative of the colours as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colours, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free.
We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above.
6 Passing of Property
We will retain the legal ownership of the products until full payment has been made by you and such payment has been received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
7 Risk
Risk in the products will pass to you on delivery to you.
8 Acceptance
Upon receipt of the products you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and/or you return the products in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the products at a later date.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please email us (info@megaborg.com).
Your statutory rights are not affected.
9 Cancellations and Returns Procedures
Please note that if, for any reason, you wish to return a product bought from us you may cancel your order within 10 working days after delivery (starting the day after you receive the products). To exercise this right you must give us notice by email before the end of the ten day period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us unless there is an error on our part or because a product is damaged or defective.
Should you wish to cancel your order before it has been despatched, please email info@megaborg.com. Please provide your invoice number and the date of your order in this email.
Orders are generally processed immediately (although please do allow the days for delivery once we have accepted your order, as referred to above) so we may have already prepared your order and arranged for it to be despatched (if it has not already been despatched). As a result, we may not be able to stop the order from being sent. If this is the case, once you receive the products you will have to return them to us in accordance with the following returns procedure, which also applies generally to products which you have received and you would like to return:
Returns - Step 1. Email us here within the above time limits. Please provide full details of the invoice order and the products which are being returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limits shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned products which have been personalised or which we reasonably believe have been used.
Returns - Step 2.Once you have contacted us and have a returns number, please complete the Returns Form we have provided, including a brief description of the products being returned, original customer invoice and returns number. Please retain the Customer Copy of the Returns Form for your records.
Returns - Step 3. Return the products, properly and securely packaged, to the following address by recorded delivery: Megaborg S.r.l., Piazza del Porto 24, 37124 Parona di Valpolicella (VR) Italy.
You must take reasonable care to ensure returned products are received by us and are not damaged in transit, bearing in mind the nature and value of the product. Megaborg S.r.l. accepts no liability if you return products by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, Megaborg S.r.l. accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used. Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form.
You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery.
Returns - Step 4. After the returned items have arrived at Megaborg S.r.l., they will be examined and the appropriate refund will be calculated. You are entitled to reject the products if there is an error on our part or because any product is damaged or defective and we will refund you: the price you paid for the products which you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge); and the return recorded delivery costs for the return carriage of the product from the original delivery point to Megaborg S.r.l. (provided that you enclose a valid till receipt indicating such return recorded delivery costs). In all other instances, if you return products in accordance with our above returns procedures then we will refund you the price you paid for the products that you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge), but we will not refund the return recorded delivery costs for the return carriage of the products to Megaborg S.r.l.. Please note that we cannot accept returned products that are not in their original condition and in their original packaging, or which we reasonably believe have been used. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products.
Returns - Step 5 We will process the applicable refund and notify you by email when your refund has been processed. We will so process the returned products and any applicable refund within 30 days after our receipt of your notice of cancellation. We will refund any such applicable refund by crediting your credit/debit card (as applicable). If you cancel your order but do not return such products to us within 21 days we shall be entitled to recover such products from you and to charge you for the direct costs of recovering such products. You should note that these charges (which may be deducted from any refund) could be greater than the cost of you returning the products to us and may exceed the price you have paid for the products. Until such products are returned to us, you are obliged to exercise all reasonable care to store the products safely and in appropriate conditions. Your statutory rights remain unaffected by our Cancellation and Returns Procedures.
10 Complaints
If you wish to complain about any matter in respect of the products or our services please email us at info@megaborg.it.
11 Intellectual Property
All content available on the Website and/or forming part of or on the products depicted or made available by means of the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, and the compilation thereof (the “Content”) is the property of Megaborg S.r.l., our partners or our licensors, and is protected by italian and international copyright and other similar laws. The names, trade marks, logos, and service marks displayed on the Website and/or forming part of or on the products depicted or made available by means of the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Megaborg S.r.l., our partners or our licensors, in Italy and other countries, and are protected by italian and international trade mark and similar laws. All other Trade Marks not owned by us, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the Limited Licence section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website or any of the products depicted or made available by means of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
12 Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal, non-commercial use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent. The limited licence set forth in this section does not include the right to: modify or download the Website or its contents (except caching or as necessary to view content); make any use of the Website, the products depicted or made available by means of the Website or their Content other than personal, non-commercial use; create any derivative work based upon either the Website, the products depicted or made available by means of the Website or their Content; collect account information for the benefit of another party; create any hypertext link to any part or parts of the Website; use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Without prejudice to any other remedy provided by applicable law: any unauthorised use by you of the Website or contrary or in breach of these Terms and Conditions terminates the limited licence set forth in this section; you must not use the Website in any way that causes, or is likely to cause, the Website or access to it be interrupted, damaged or impaired in any way; you must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, distasteful, defamatory, obscene, indecent, blasphemous, offensive, menacing or controversial, or which infringes any party’s intellectual property rights or right to privacy, or which constitutes or contains software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam”, or which is for any campaigning or annoys, inconveniences or causes any needless anxiety.
13 Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our partners or our licensors of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
14 Submissions
We welcome inquiries or feedback on the products you use or might like to purchase, however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept, know- how or intellectual property rights contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
15 Representations and Warranties and Limitation of Liability
The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any: interruption of business; access delays or access interruptions to the Website; data non-delivery, misdelivery, corruption, destruction or other modification; loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; any inaccuracies, omissions or misleading, false or deceptive statement in the content; or events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits or loss of expectation or loss of business opportunity) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred an 23 euros (Euro 123.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
16 Indemnity
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website outside of and/or in breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17 Disputes
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any products from Megaborg S.r.l. shall be submitted to confidential arbitration in Verona, except that, to the extent you have in any manner violated or threatened to violate our (or any of our partners’ or our licensors’) intellectual property rights, we may seek injunctive or other appropriate relief in the Italian Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
18 General
You acknowledge and agree that these Terms and Conditions (and the other documents referred to in these Terms and Conditions), together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any products from Megaborg S.r.l., and supersede and govern all prior proposals, agreements, or other communications. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Megaborg S.r.l. shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate or suspend any of the rights granted by these Terms and Conditions and/or your access to this Website or any part thereof. You shall comply immediately with any termination, suspension or other notice, including, as applicable, by ceasing all use of the Website. All liability of Megaborg S.r.l. (and its its partners’ or its licensors’ liability) as a result of such termination or suspension is hereby excluded to the fullest extent permissible by law. We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from the Website at any time and/or remove or edit any materials or content (including without limitation any Content) on the Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content (including without limitation any Content) on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. If you have any questions regarding these Terms and Conditions, pleas email us at info@megaborg.com
19 Governing Law
Your use of this Website and any purchase by you of any products from Megaborg S.r.l. shall be governed by Italian law and the parties hereto submit to the exclusive jurisdiction of the Italian courts.
20 Use of Images
All images are © the artist Giovanni Motta and Megaborg S.r.l.. Images may be used to promote the sale of the work only and must not be stored for future use. Images must not be edited or manipulated in any way. The artist Ggiovanni Motta and Megaborg S.r.l. must be credited. You agree to comply with these Terms and Conditions on reproducing any images via Megaborg S.r.l.. If you wish to reproduce these images for any other purposes including print, press, online use, broadcasting, please email us at info@megaborg.com for permissions.
Privacy
When you provide us with personally identifiable information ("Personal Information") through this Website, we respect your privacy. It is important for you to understand what Personal Information we collect about you during your visit to this Website and what we do with that information. Your visit to this Website and the sale of our products to you via this Website are subject to this Privacy Policy and our Terms and Conditions.
1 Information Collection and Use
We do not collect Personal Information about you, except when you provide it to us. When you submit your personal information on this Website, you will be asked to consent to the processing and transfers of your Personal Information as set forth in this Privacy Policy. If you would prefer that we do not collect any Personal Information from you, please do not provide us with any such information - however, note that we must take some Personal Information about you in order to process the purchase of any products which you may wish to buy via the Website. Without such Personal Information, we will not be able to process such orders.
Except as otherwise discolsed in this Privacy Policy, we will use the Personal Information you provide us through this Website only for the purposes of processing your orders and responding to any comments or questions you have. We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular, and general website administration. We will not sell or rent or otherwise make available your Personal Information to third parties without your consent, except as disclosed in this Privacy Policy. We may also use your information to tell you about our products and news that may be of interest to you, by mail or by telephone. All customers are given the opportunity to opt-out of receiving such further information at the time that they give us their Personal Information. All customers may also opt-in to receiving such further information by email, SMS and other forms of electronic communication at the time that they give us their Personal Information. However, these decisions may be reversed at any time by emailing us. We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process of governmental request. Sensitive information is not sought through this Website. Sensitive information includes data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health. If you do provide sensitive information, by providing that information you explicitly consent to us using it for the purposes for which it has been provided.
2 Accuracy
We will take reasonable steps to create an accurate record of any Personal Information you have submitted through the Website. However, we do not assume responsibility for confirming the ongoing accuracy of your Personal Information. If you advise us that your Personal Information is no longer accurate, we will, so far as practicable, make corrections. You can also request that your Personal Information is deleted from our systems at any time by emailing info@megaborg.com
3 Access to your Personal Information
If you wish to access the Personal Information that you have submitted via the Website please contact Megaborg S.r.l. in writing at the following address: Piazza del Porto 24, 37124 Parona di Valpolicella (VR) Italy.
4 IP Addresses and Cookies
We store IP addresses, which is standard protocol. The IP addresses are used to increase the session security. The IP is only logged to our database when you put something in your basket. The session information is stored server side, so if you return to the site you are not identifiable until the point of login. Session cookies are used by this site. These do not store Personal information and are deleted once you exit the site.
5 Third Parties
We may retain other companies and individuals to peform functions on our behalf in relation to the purposes set forth in this Privacy Policy. Examples include credit/debit card validation and authorisation agencies, data analysis firms, customer support specialists, webhosting companies and fulfillment houses (eg: companies that coordinate mailings or distribute products on our behalf). Such third parties may be provided with access to your Personal Information if needed to perform their functions, but may not use such information for any other purpose. Such third parties may be located in countries both inside and outside the European Econmic Area ("EEA"). Although countries outside the EEA may not require the same level of protection of Personal Information as countries within the EEA, we always demand that third parties adhere to the same procedures that we follow ourselves with respect to your Personal Information, including the Privacy Policy.
6 Links
This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.
7 Security
We implement various security measures to protect the security of your Personal Information, both on-line and off-line. We use a password protected login system to store your details. Only the last four digits of any credit cards used for order payments are stored. We do not store credit card security codes and issue/expiry information to use in dealing with our financial fulfillment house should any payment issues arise (such as refunds). Your Personal Information will be sorted at facilities located across the world and not necessarily within the EEA.
8 Business Transfers
As we continue to develop our business, we might sell certain of our assets or be sold. In such transactions, user information such as Personal Information, generally is one of the transferred business assets, and by submitting your Personal Information on the Website you agree that your Personal Information may be transferred to such parties in these circumstances.
9 Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time the information is used. If the preceeding sentence is deemed to violate applicable law, the Privacy Policy in effect at the time your Personal Information was collected will apply.
10 Jusrisdiction
This Privacy Policy shall be construed in accordance with the laws of Italy.
11 Comments
If you have any questions, comments or concerns about our privacy practices, please email us.
Terms and Conditions
1 Introduction
Welcome to the giovannimotta.com website (the “Website”). Megaborg S.r.l. (“Megaborg”, “we”, “us” or “our”) provides the products and services available on the Website. Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your customer payment with us on the Website you agree to be bound by the Terms and Conditions which forms a contract between you and us.
2 Use of the Website
About Megaborg S.r.l.
Megaborg S.r.l. is the supplier of the products and the provider of the services which form part of the Website. Our address for correspondence is Piazza del Porto, 24 37124 Verona (VR) Italy and our P.IVA & CF registration number is 04073030233.
About the Website
We endeavour to ensure that the availability of the Website will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website or parts of it may occasionally be suspended or restricted to allow for repairs, updates, maintenance or the introduction of new facilities.
Eligibility
To be eligible to purchase products on this Website and to lawfully enter into and form contracts on this Website under Italian law you must:
be 18 years old or older;
be the holder of a valid debit/credit card; and
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by sending an e-mail to info@megaborg.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Privacy
Please review our Privacy Policy, which explains our use of information you provide via the Website so that you may understand our privacy practices.
Language
The contract between you and us shall be concluded in English or Italian.
3 Placing an order
You will be guided through this process by a series of simple instructions on the Website during the process of the order.
You place your order request for products from the Website by clicking on the "Pay Now" button.
Once you have placed your order, we will send to you an acknowledgement by email providing you with a customer order number and the value of your order which has been debited to your credit/debit card. This is not an order confirmation or order acceptance from Megaborg S.r.l..
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have despatched the products ordered by you. We will also send you a separate email following the despatch email which acts as a VAT invoice and receipt.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. From our acceptance of your order, please allow the days for delivery (see Delivery section below).
If you do require any information regarding your order(s) please email info@megaborg.com.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email, post or telephone advising you of this. See Cancellation and Returns Procedures below.
4 Delivery:
The price for delivery will be made clear to you after you have entered your delivery address during the on-line order process.
Our current delivery options from our acceptance of your order:
For deliveries within Italy: Sent via Express Courier; Please allow up to 2 working days. 3 days for Sicily/and Sardinia.
For deliveries to Europe and US/Canada: Sent via International courier service. Please allow up to 10 working days.
For deliveries to rest of world: Sent via International courier service. Please allow up to 15 working days. Please be aware that for some particular destinations the delivery will take up to 20 days. For some particular places or destination due to political situations or problems some deliveries may be suspended. You'll be notified via e-mail.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery, and will often be despatched when they are ready to be sent to you. You will be charged our delivery charges accordingly.
Your products are insured up to the point of delivery. Upon delivery they become your responsibility.
Megaborg S.r.l. does not accept any liability whatsoever for delayed delivery caused by any third party (including without limitation any delays which may be caused by any fulfilment houses which we may use). As soon as you have received the products, you will assume all risk in the products, as already mentioned above.
5 Description of Products and Accuracy of Information
We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colours as they appear on-screen may not be representative of the colours as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colours, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free.
We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above.
6 Passing of Property
We will retain the legal ownership of the products until full payment has been made by you and such payment has been received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
7 Risk
Risk in the products will pass to you on delivery to you.
8 Acceptance
Upon receipt of the products you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and/or you return the products in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the products at a later date.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please email us (info@megaborg.com).
Your statutory rights are not affected.
9 Cancellations and Returns Procedures
Please note that if, for any reason, you wish to return a product bought from us you may cancel your order within 10 working days after delivery (starting the day after you receive the products). To exercise this right you must give us notice by email before the end of the ten day period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us unless there is an error on our part or because a product is damaged or defective.
Should you wish to cancel your order before it has been despatched, please email info@megaborg.com. Please provide your invoice number and the date of your order in this email.
Orders are generally processed immediately (although please do allow the days for delivery once we have accepted your order, as referred to above) so we may have already prepared your order and arranged for it to be despatched (if it has not already been despatched). As a result, we may not be able to stop the order from being sent. If this is the case, once you receive the products you will have to return them to us in accordance with the following returns procedure, which also applies generally to products which you have received and you would like to return:
Returns - Step 1. Email us here within the above time limits. Please provide full details of the invoice order and the products which are being returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limits shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned products which have been personalised or which we reasonably believe have been used.
Returns - Step 2.Once you have contacted us and have a returns number, please complete the Returns Form we have provided, including a brief description of the products being returned, original customer invoice and returns number. Please retain the Customer Copy of the Returns Form for your records.
Returns - Step 3. Return the products, properly and securely packaged, to the following address by recorded delivery: Megaborg S.r.l., Piazza del Porto 24, 37124 Parona di Valpolicella (VR) Italy.
You must take reasonable care to ensure returned products are received by us and are not damaged in transit, bearing in mind the nature and value of the product. Megaborg S.r.l. accepts no liability if you return products by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, Megaborg S.r.l. accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used. Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form.
You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery.
Returns - Step 4. After the returned items have arrived at Megaborg S.r.l., they will be examined and the appropriate refund will be calculated. You are entitled to reject the products if there is an error on our part or because any product is damaged or defective and we will refund you: the price you paid for the products which you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge); and the return recorded delivery costs for the return carriage of the product from the original delivery point to Megaborg S.r.l. (provided that you enclose a valid till receipt indicating such return recorded delivery costs). In all other instances, if you return products in accordance with our above returns procedures then we will refund you the price you paid for the products that you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge), but we will not refund the return recorded delivery costs for the return carriage of the products to Megaborg S.r.l.. Please note that we cannot accept returned products that are not in their original condition and in their original packaging, or which we reasonably believe have been used. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products.
Returns - Step 5 We will process the applicable refund and notify you by email when your refund has been processed. We will so process the returned products and any applicable refund within 30 days after our receipt of your notice of cancellation. We will refund any such applicable refund by crediting your credit/debit card (as applicable). If you cancel your order but do not return such products to us within 21 days we shall be entitled to recover such products from you and to charge you for the direct costs of recovering such products. You should note that these charges (which may be deducted from any refund) could be greater than the cost of you returning the products to us and may exceed the price you have paid for the products. Until such products are returned to us, you are obliged to exercise all reasonable care to store the products safely and in appropriate conditions. Your statutory rights remain unaffected by our Cancellation and Returns Procedures.
10 Complaints
If you wish to complain about any matter in respect of the products or our services please email us at info@megaborg.it.
11 Intellectual Property
All content available on the Website and/or forming part of or on the products depicted or made available by means of the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, and the compilation thereof (the “Content”) is the property of Megaborg S.r.l., our partners or our licensors, and is protected by italian and international copyright and other similar laws. The names, trade marks, logos, and service marks displayed on the Website and/or forming part of or on the products depicted or made available by means of the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Megaborg S.r.l., our partners or our licensors, in Italy and other countries, and are protected by italian and international trade mark and similar laws. All other Trade Marks not owned by us, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the Limited Licence section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website or any of the products depicted or made available by means of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
12 Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal, non-commercial use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent. The limited licence set forth in this section does not include the right to: modify or download the Website or its contents (except caching or as necessary to view content); make any use of the Website, the products depicted or made available by means of the Website or their Content other than personal, non-commercial use; create any derivative work based upon either the Website, the products depicted or made available by means of the Website or their Content; collect account information for the benefit of another party; create any hypertext link to any part or parts of the Website; use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Without prejudice to any other remedy provided by applicable law: any unauthorised use by you of the Website or contrary or in breach of these Terms and Conditions terminates the limited licence set forth in this section; you must not use the Website in any way that causes, or is likely to cause, the Website or access to it be interrupted, damaged or impaired in any way; you must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, distasteful, defamatory, obscene, indecent, blasphemous, offensive, menacing or controversial, or which infringes any party’s intellectual property rights or right to privacy, or which constitutes or contains software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam”, or which is for any campaigning or annoys, inconveniences or causes any needless anxiety.
13 Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our partners or our licensors of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
14 Submissions
We welcome inquiries or feedback on the products you use or might like to purchase, however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept, know- how or intellectual property rights contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
15 Representations and Warranties and Limitation of Liability
The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any: interruption of business; access delays or access interruptions to the Website; data non-delivery, misdelivery, corruption, destruction or other modification; loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; any inaccuracies, omissions or misleading, false or deceptive statement in the content; or events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits or loss of expectation or loss of business opportunity) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred an 23 euros (Euro 123.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
16 Indemnity
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website outside of and/or in breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17 Disputes
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any products from Megaborg S.r.l. shall be submitted to confidential arbitration in Verona, except that, to the extent you have in any manner violated or threatened to violate our (or any of our partners’ or our licensors’) intellectual property rights, we may seek injunctive or other appropriate relief in the Italian Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
18 General
You acknowledge and agree that these Terms and Conditions (and the other documents referred to in these Terms and Conditions), together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any products from Megaborg S.r.l., and supersede and govern all prior proposals, agreements, or other communications. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Megaborg S.r.l. shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate or suspend any of the rights granted by these Terms and Conditions and/or your access to this Website or any part thereof. You shall comply immediately with any termination, suspension or other notice, including, as applicable, by ceasing all use of the Website. All liability of Megaborg S.r.l. (and its its partners’ or its licensors’ liability) as a result of such termination or suspension is hereby excluded to the fullest extent permissible by law. We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from the Website at any time and/or remove or edit any materials or content (including without limitation any Content) on the Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content (including without limitation any Content) on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. If you have any questions regarding these Terms and Conditions, pleas email us at info@megaborg.com
19 Governing Law
Your use of this Website and any purchase by you of any products from Megaborg S.r.l. shall be governed by Italian law and the parties hereto submit to the exclusive jurisdiction of the Italian courts.
20 Use of Images
All images are © the artist Giovanni Motta and Megaborg S.r.l.. Images may be used to promote the sale of the work only and must not be stored for future use. Images must not be edited or manipulated in any way. The artist Ggiovanni Motta and Megaborg S.r.l. must be credited. You agree to comply with these Terms and Conditions on reproducing any images via Megaborg S.r.l.. If you wish to reproduce these images for any other purposes including print, press, online use, broadcasting, please email us at info@megaborg.com for permissions.
Privacy
When you provide us with personally identifiable information ("Personal Information") through this Website, we respect your privacy. It is important for you to understand what Personal Information we collect about you during your visit to this Website and what we do with that information. Your visit to this Website and the sale of our products to you via this Website are subject to this Privacy Policy and our Terms and Conditions.
1 Information Collection and Use
We do not collect Personal Information about you, except when you provide it to us. When you submit your personal information on this Website, you will be asked to consent to the processing and transfers of your Personal Information as set forth in this Privacy Policy. If you would prefer that we do not collect any Personal Information from you, please do not provide us with any such information - however, note that we must take some Personal Information about you in order to process the purchase of any products which you may wish to buy via the Website. Without such Personal Information, we will not be able to process such orders.
Except as otherwise discolsed in this Privacy Policy, we will use the Personal Information you provide us through this Website only for the purposes of processing your orders and responding to any comments or questions you have. We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular, and general website administration. We will not sell or rent or otherwise make available your Personal Information to third parties without your consent, except as disclosed in this Privacy Policy. We may also use your information to tell you about our products and news that may be of interest to you, by mail or by telephone. All customers are given the opportunity to opt-out of receiving such further information at the time that they give us their Personal Information. All customers may also opt-in to receiving such further information by email, SMS and other forms of electronic communication at the time that they give us their Personal Information. However, these decisions may be reversed at any time by emailing us. We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process of governmental request. Sensitive information is not sought through this Website. Sensitive information includes data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health. If you do provide sensitive information, by providing that information you explicitly consent to us using it for the purposes for which it has been provided.
2 Accuracy
We will take reasonable steps to create an accurate record of any Personal Information you have submitted through the Website. However, we do not assume responsibility for confirming the ongoing accuracy of your Personal Information. If you advise us that your Personal Information is no longer accurate, we will, so far as practicable, make corrections. You can also request that your Personal Information is deleted from our systems at any time by emailing info@megaborg.com
3 Access to your Personal Information
If you wish to access the Personal Information that you have submitted via the Website please contact Megaborg S.r.l. in writing at the following address: Piazza del Porto 24, 37124 Parona di Valpolicella (VR) Italy.
4 IP Addresses and Cookies
We store IP addresses, which is standard protocol. The IP addresses are used to increase the session security. The IP is only logged to our database when you put something in your basket. The session information is stored server side, so if you return to the site you are not identifiable until the point of login. Session cookies are used by this site. These do not store Personal information and are deleted once you exit the site.
5 Third Parties
We may retain other companies and individuals to peform functions on our behalf in relation to the purposes set forth in this Privacy Policy. Examples include credit/debit card validation and authorisation agencies, data analysis firms, customer support specialists, webhosting companies and fulfillment houses (eg: companies that coordinate mailings or distribute products on our behalf). Such third parties may be provided with access to your Personal Information if needed to perform their functions, but may not use such information for any other purpose. Such third parties may be located in countries both inside and outside the European Econmic Area ("EEA"). Although countries outside the EEA may not require the same level of protection of Personal Information as countries within the EEA, we always demand that third parties adhere to the same procedures that we follow ourselves with respect to your Personal Information, including the Privacy Policy.
6 Links
This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.
7 Security
We implement various security measures to protect the security of your Personal Information, both on-line and off-line. We use a password protected login system to store your details. Only the last four digits of any credit cards used for order payments are stored. We do not store credit card security codes and issue/expiry information to use in dealing with our financial fulfillment house should any payment issues arise (such as refunds). Your Personal Information will be sorted at facilities located across the world and not necessarily within the EEA.
8 Business Transfers
As we continue to develop our business, we might sell certain of our assets or be sold. In such transactions, user information such as Personal Information, generally is one of the transferred business assets, and by submitting your Personal Information on the Website you agree that your Personal Information may be transferred to such parties in these circumstances.
9 Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time the information is used. If the preceeding sentence is deemed to violate applicable law, the Privacy Policy in effect at the time your Personal Information was collected will apply.
10 Jusrisdiction
This Privacy Policy shall be construed in accordance with the laws of Italy.
11 Comments
If you have any questions, comments or concerns about our privacy practices, please email us.
