Policy

CONDITIONS OF USE OF THE WEBSITE

This internet website (“www.avellenttan.com”) is managed by Inspirering srl ,with headquarters in Milan, Via G. Battista Pergolesi 22 cap 20124 , e-mail inspireringsrl@legalmail.it VAT 10874080962 - mainly to publicize and sell products described in the Website (“Products”). The sale of Products is regulated by the Conditions of Sale [https://avellenttan.com/pages/conditions-of-sale] for Users registered according to the procedure provided for in the website, and the Privacy and Cookies Information Note [https://avellenttan.com/pages/information-note-privacy-and-cookie].

The Company owns all the rights, including authors’ rights, on the photographs, videos, texts, pages, software and other material on the Website (“Material”). Their duplication, processing, distribution and whatever use beyond the limits provided for by the law, require the previous written consent of the Company. Downloading and reproduction of the Material are allowed only for private and not for commercial use. In particular Avel Lenttan is a registered trademark of the Company, in Europe and in other countries, and the design of the Products is protected by the laws on industrial property. None of what precedes can be associated to products or services the Company does not supply, nor can it be used in a way to create confusion between the clients of the Company, or in a manner that would discredit or debase the Company or its Products.

The Company will do what is possible to assure itself that the Material and Information given on the Website are precise and complete, but cannot guarantee they contain no errors and are reliable, nor that using them violates third party rights. Besides, the Company does not guarantee that the functional or technical aspects of the Website or the Material are free from viruses or other harmful components. Should the use of the Website or of the Material cause having to seek assistance or substituting or harming goods, material, equipment, data or other elements of the User, the Company will not be responsible for related costs or damages. Without it constituting a limitation of what we have previously stated, Material and Website are supplied “as they are” or “as available”, and, at the maximum level allowed by the law, without any explicit or implicit guarantee, including guarantee of salability, satisfying quality, suitability for a specific aim, absence of violations. In the maximum measure allowed by law, the Company will not be responsible for any direct or indirect damage - incidental, special or consequential - of any kind deriving from or linked to the use of the Website and the Material, nor will it be in any way responsible for whatever loss of use, interruption of activity, loss of profit or of data, regardless of the form of action, whether contractual, extra-contractual (including negligence) or of any other nature, even if the Company has been advised of the possibility of these damages. In some jurisdictions the laws for the protection of consumers does not allow specific exclusions or limitations of guarantees or responsibilities, and therefore some of the exclusions or limitations described above could not be applicable.

The Website could contain eventual links to third party websites. This does not imply that the Company approves of these Websites, and it is not responsible for the contents or accuracy of the pages external to the Website, to which the user could access at his/her risk.

Except for personal data, that are regulated by the Privacy and Cookies Information Note [https://avellenttan.com/pages/information-note-privacy-and-cookie], whatever communication or material the user sends the Company through the Website or social media, e-mail or in any other way, including questions or answers, comments, suggestions and the likes, will be treated by the Company as not-reserved and not owned. By sending these communications or material, the User automatically gives the Company, free, perpetual, irrevocable, non-exclusive world license to use, reproduce, modify, publish, revision, translate, distribute, carry out and present these communications and material, singularly or as part of other works in whatever form, support or technology now known or developed in the future and to concede these rights in sub-licensing to whoever it chooses. In particular, the Company and its affiliated companies will be able to use these communications and material for any purpose, including the reproduction, disclosure, transmission, publication, diffusion and advertising, or development, production and selling of these products.
The use of the Website by Users constitutes accepting these conditions of use. These conditions can be modified at whatever moment. The user is responsible for checking the last applicable version. The version published on the Website at the time the user uses the Website will be the version applied.

The Company can, with or without forewarning to users, suspend or terminate access or use of the Website to the Users who, on the basis of a reasonable judgement of the Company, violate or in any case act in way that does not comply to the letter or to the intentions of the present Conditions for Use, of the Conditions for Sale [https://avellenttan.com/pages/conditions-of-sale] or of the Privacy and Cookies Information Note [https://avellenttan.com/pages/information-note-privacy-and-cookie], or violate the rights of the Company, its affiliated companies or of any third parties.

The present Conditions of Use are disciplined Italian law. The relevant Court will be the Court of Milan, except for mandatory dispositions of the law of the User’s country of residence

CONDITIONS FOR SALES

1. SUBJECT

The present general sales conditions (“Sales Conditions”) define the terms and conditions of sales between Inspirering Srl, with headquarters in Milan, via G.B. Pergolesi 22, VAT number: 10874080962 , email info@avellenttan.com (“Sales Person”), owner of the internet website www.avellenttan.com (“Website”), and the registered subject of the Website (“Client”) who intends to buy the products offered by the Sales Person of the Website (“Products”).
The Conditions for Sales can be modified at any time. The version of the Conditions for Sales published on the Website at the moment of conclusion of the contract will be applied between the parties. The Sales Person can in no case be considered bound to conditions sent by the Client or in any case different from the Conditions for Sales.

2. CONCLUSION AND EXECUTION OF THE SALES CONTRACT

To be able to buy the Products the Client will have to register him/herself on the Website, go to the specific reserved area with his/her own credentials, choose the Product to buy and insert it in the predisposed “Cart” section of the Website where the characteristics of the Product, the price, the applicable IVA, the shipping expenses and the expected time to delivery will be visualized.
The order will be sent after insertion in the designated section for payments of the data for expedition, as well as the necessary data to carry out the payment requested by the intermediary in charge. The data can be modified until the moment in which the specific “Buy” button is pressed. Payment will be carried out by credit card or PayPal and the payment will normally be charged within the time indicated by the payment service used. The Sales Person will send the Client an email summarizing the order.
The sales contract will be considered concluded when the Sales Person receives the payment of the price from the Client.
Should the Product not be available, the Sales Person will communicate it to the Client as soon as possible, with the authority to cancel the contract, returning to the Client the entire price that has been eventually paid, without any further charge or onus of any kind for the Sales Person.
Should it not be possible to fully use all the Website’s e-commerce functions, the Client can send proposals to purchase to the Sales Person by e-mail or according to the procedure indicated in the Website. The offer to purchase will be binding for 45 days. If this deadline goes by without the Sales Person having sent confirmation, the offer will be considered null. If, on the contrary, the Sales Person sends confirmation by sending an e-mail confirming the order with all the details necessary for the Products, prices, costs and delivery, the General Conditions mutatis mutandis will be applied. On receiving confirmation, the Client will provide for payment of the price. The Sales Person will provide to send the Product after having received the Client’s payment.

3. DELIVERY OF THE PRODUCTS

Shipping and delivery of the Product will take place with the procedures and delays indicated in the Website. Delivery expenses are to be charged to the Client, and the price is indicated in the offer published on the Website. The Product will be delivered to the location indicated by the Client and the Client is bound to receive the Product and facilitate the delivery, as indicated in the order. Should there be an unjustified refusal to accept delivery of the Product, or should the delivery address be mistaken, the Sales Person will have the right to cancel the contract, except for compensation for damages, including eventual shipping and deposit expenses for the Products.
When the Product/s are delivered, the Client is bound to check the integrity, quantity and type of Product/s delivered, the fact that it/they correspond to the order and to what is provided for in the contract, the fact that the package is whole and not damaged, checking what is possible on the basis of ordinary diligence, and immediately contesting to the courier eventual defects or differences compared to the order, with an annotation on the goods delivery note.

4. PAYMENT

The final Price includes IVA, includes delivery and eventual costs depending on the means of payment chosen by the Client. The Client is bound to carry out payment to the Sales Person in the modalities of payment indicated on the Website. The Product will only be delivered after the payment has been made.

5. OTHER CLIENT OBLIGATIONS

The Client is bound to guarantee that his/her data given when drawing up the contract is correct. The Client commits to promptly communicate to the Sales Person eventual variations to his/her personal data given in the course of the contract. The Client should bear in mind that because of the limitations of reproduction on screen, the color, dimension and exact design of the Products shown on the screen could differ from the actual characteristics of the Products.

GUARANTEE AND LIMITATION OF RESPONSIBILITY

As regards the “Consumer” Clients, as defined by the Code of Consumers (D.Lgs. 206 of 6 September 2005), the rules concerning “consumer products” as in the above-mentioned Code are applied, and in particular the legal guarantee of conformity as in art. 129, as well as the rules in force that are applicable for these matters. In particular, in case of non-conformity of the Products not derived from the normal use of the Products, the Consumer Client has the right to restoration, without any expenses, of the conformity of the Products according to 130 of the Code of Consumers, without incurring any expenses. The guarantee is valid on condition that the Products are used correctly, in the respect of the specific instructions for use and recommendations.
The Consumer Client is bound to denounce by means of Registered letter A.R. the defect of conformity to the Sales Person within the final deadline of two months after the discovery of the defect. The Sales Person is responsible when the defect in conformity manifests itself within two years of delivery.
Except for the mandatory limitations provided for by the law, the Sales Person does not offer any further guarantee or declaration of conformity of the Products apart from what is expressly indicated on the Website, including the conformity of the products to technical requirements, to quality or standards of whatever nature, for specific or particular ends.

7. RIGHT TO WITHDRAW FOR THE CONSUMER CLIENT

According to art. 52 and ff of the Code of Consumers, the Consumer Client has the right to withdraw at his/her discretion from the contract, without any penalty and without specifying the reason, within the deadline of 14 (fourteen) days from the date of delivery of the Products.
The Consumer Client will be able to exercise this right by sending an e-mail to the Sales Person. The product will have to be sent back to the headquarters of the Sales Person, complete in all its parts, accessories, documents and with its packaging which will have to be maintained, as far as possible, intact. The expenses for the return of the Product will be exclusively charged to the Client and will be communicated in advance to the Client, as well as the responsibility for the Product until it has been returned to the Sales Person. Within 14 (fourteen) days after the Products have been returned, the Sales Person will reimburse the price to the Consumer Client, minus the shipping expenses indicated above. Unless there is a different agreement between the parties, the Consumer Client will not be able to exercise the right to withdraw, among others, in the following cases: - goods supplied made to measure or clearly personalized, or which, by their nature, cannot be sent back or risk deteriorating and/or altering rapidly; - in all the other cases provided for by the law, with particular reference to art. 59 of the Consumer’s Code. In any case, the right to withdraw is excluded when the Product has been manipulated differently from what is strictly necessary to establish its nature, characteristics and functioning.

8. LAW AND APPLICABLE COURT

The Sales Conditions and relative sales contract are disciplined by Italian law, and in particular, by D. Lgs. n. 70/2003 on electronic commerce, as well as, only for the Consumer Clients, by the Code of Consumers. The competent Court will be the Court of Milan. The Consumer Client will always have the right to start proceedings at the Court of his/her own place of residence.
Except for mandatory dispositions of the law of the country of residence of the Client, which would be eventually applicable.

INFORMATION NOTE PRIVACY AND COOKIE

This information note, (in short, “Information”), on the processing of personal data, according to article 13 of the Regulation (“GDPR”) and d.lgs. 196/03, is given by Inspirering srl, with headquarters in via G Battista 22, 20124 Milan, in its role as “Head” of processing. The data which are gathered are processed in conformity with the principles of correctness, legitimacy, transparency, while safeguarding your privacy and your rights as (“User”) of the website www.avellenttan.com and of our accounts/internet platforms, as Facebook and Instagram (“Platforms”).

(A) OBJECTIVERS OF PROCESSED - FINALITA DEL TRATTAMENTO

On the basis of art. 6, commas b,c,f, of GDPR, we inform you that the data that will be given to us will be processed with the following objectives:

i. Management of registration on the website, establishment, management and extinction of the contractual and commercial relationship: carrying out the pre-contract negotiations, execution of the stipulated transaction and carrying out legal obligations, among which accounting and tax obligations, and, with your consent (ex arts. 6 and 7, GDPR), for the following objectives:
ii. statistical research, market analysis, creation of individual profiles (profiling) and marketing, that is, to send also by e-mail, sms and mms information and material of a promotional nature for products and special promotions and initiatives and discounts.
iii. Facilitate payments by means of memorization of the data of the credit cards with the only scope of avoiding the User to have to type them again;
iv. To keep the historical data of the User’s purchases and specifically the list of orders made for the period in which the User’s account is active and for the following three years after it is disactivated;
v. to prepare targeted advertising (for example, to see advertising adapted to your profile for third party websites, advertisements that could interest him/her or a new sale when he/she reads an email containing a particular offer). This type of targeting is made possible by the technologies of our advertising partners, who link the navigation data of the User in question on these websites, social network platforms and third party websites, independently from the device used.

• Social network platforms (for example, Facebook or Instagram): you can disactivate this process at any time by configuring the advertising settings of your account;
• Third party websites: refer to our information note on cookies to find out how to take away your consent.

Giving your data for the reasons covered in the previous section (i) is compulsory. The lack of data and/or the eventual expressed refusal of processing will mean the Head will not be able to carry out the negotiation or could mean the possible violation of requests from competent Authorities.
The User will always be able to contest receiving promotional communications by e-mail: in every communication we will specify the means (easy and free) to oppose the processing and not to receive any other communication.
The User can decide whether to accept or not the installation of cookies on his/her device. The User is free to choose and modify his/her choice at any moment through the settings of the browser used on the device. If the browser is set in the sense of accepting the installation of cookies on the User’s device, the cookies used by the pages of the visited websites will be temporarily memorized in a dedicated space of the device of the User. Only those who have installed the cookie will be able to read them. For any additional information, go to cookie policy below.

(B) PERSONAL DATA PROCESSED

As to the aims of the processing covered in the previous paragraph (a), only personal data such as, for example, name and surname, place and date of birth, partita IVA number and Fiscal Code, residence, domicile, details of the identification document, e-mail address or PEC, and phone number will be processed.
Besides, navigation data are processed, so we refer you back to the Cookie policy below.

(C) RECIPIENTS OF THE PERSONAL DATA

Besides, navigation data are processed, so we refer you back to the Cookie policy below.

1. dependents and collaborators of the Head, in their quality as agents authorized to process data (o c.d. “in charge of processing”)
2. third party subjects who deal in outsourcing activities for the Head, in their quality as heads of processing
3. Judiciary or Security Authorities (national and foreign).

Where the User expresses his/her consent to the use of personal data for the purposes as in the previous paragraph (a), section (ii,iii,iv,v), these will be accessible to the subjects indicated in the previous points (1), (2), and (3), as well as, when it is the case and always with previous consent, to the other juridical entities listed during the phase of collection of consent.

(D) CONSERVATION ADN TRANSFER OF PERSONAL DATA ABROAD

The management and conservation of personal data takes place in the cloud and on servers located inside the European Union owned by and/or available to the Head, and/or of appointed third party companies, duly named as responsible for processing. No transfer of ownership and/or availability for the Head and/or for appointed third parties, named as responsible for processing. No transfer of data to extra-EU countries is carried out and your personal data will not be distributed.

(E) PERIOD OF CONSERVATION OF THE PERSONAL DATA

Personal data gathered for the purposes indicated in the previous paragraph (a) section (i) will be processed and kept for the whole necessary duration of the execution of the established juridical relationship.
Starting from the date of the end of said relationship, for whatever reason or cause, the data will be kept for the duration of the ex lege applicable prescribed periods.

Personal data gathered for the purposes indicated in the previous paragraph (a), sections (ii, iii, iv, v) will be processed and kept for the time necessary to carry out them out, in the respect of the terms set down by law for that type of activity and in any case until the annulment of consent or until the right to opposition is exercised.

(F) RIGHTS THAT CAN EXERCISED

In compliance with what is provided for in Point III, Section I, GDPR, you can exercise the rights therein indicated and in particular:
• Right of access – To obtain confirmation that there is/isn’t an existing processing of personal data that concerns you, and in that case, receive information regarding, among others: reasons for the processing, categories of personal data being processed and period of conservation, and to whom these data can be communicated (article 15, GDPR),
• Right to correct – to obtain, without unjustified delay, the correction of incorrect personal data that regards you and the integration of incomplete personal data (article 16, GDPR),
• Right to cancellation – to obtain, without unjustified delay, the cancellation of personal data that regards you, in the cases provided for by the GDPR (article 17, GDPR),
• Right to limitation - to obtain the limitation of the processing, in cases provided for by the GDPR (article 18, GDPR)
• Right to portability – to receive in a structured, commonly used format, that can be read from an automatic device, the personal data that regards you that was given to the Head, and to obtain that these be transmitted to another Head without any problems, in the cases provided for by the GDPR (article 20, GDPR)
• Right to opposition – to oppose the processing of personal data that regards you, unless there are legitimate reasons for the Head to continue to deal with them (article 21, GDPR)
• Right to present a complaint to the controlling authority – to present a complaint to the Guarantor Authority for the protection of personal data, Piazza di Montecitorio n. 121, 00186, Rome (RM).

You can exercise these rights by simply sending a request by e-mail to the e-mail address of the Head of processing, indicated above.

(G) MODE OF PROCESSING

Processing of your personal data is carried out by means of the operations indicated in article 4, n. 2, GDPR – carried out with or without the help of information systems – and precisely: gathering, registration, organization, structuring, updating, conservation, adapting or modifying, extraction and analysis, consultation, use, communication by transmission, comparison, interconnection, limitation, cancellation or destruction of data.
In any case, the logical and physical security of the data will be guaranteed, and in general, also the confidentiality of the personal data processed, by putting into play all the necessary technical and organizational measures adequate to guarantee their security.

(H) COOKIES POLICY

In any case, the logical and physical security of the data will be guaranteed, and in general, also the confidentiality of the personal data processed, by putting into play all the necessary technical and organizational measures adequate to guarantee their security.
We use cookies to improve our visitors’ online experience (for example, remembering your language and/or preferences for products) and to understand better how our Platforms are used. For example, cookies can tell us if you have visited the website before or if you are a new visitor. Besides, they can contribute to make sure that the advertising you see online is more relevant to your interests.
There are two large categories of cookies:
Owners’ cookies, sent directly by the Controller to your computer or mobile device. The Owner only uses them to recognize your computer or mobile device when you access our website again.
• Third party cookies, that are sent to the Owner by a third party service provider to recognize your computer or mobile device when they access other platforms. Third party cookies are usually used for platform analytics or for advertising.
Cookies can remain on your computer or mobile device for variable lengths of time. The Owner uses both “session cookies” and “permanent cookies”. Session cookies appear exclusively when the browser is open and they cancel out automatically when you close the browser. Permanent cookies survive also after the browser is closed down, and can be used to recognize your computer or mobile device when you open your browser again and navigate on the internet.
In particular, the Owner only sends the following type of cookies to your computer or mobile device:
• Cookie that are necessary for essential purposes. These cookies are essential to give you the services available on the website and to use some of its functions, as for example access to secure areas. Without these cookies, it would not be possible to give you the services you have asked for, for example the pages on transactions and the secure login accounts.
• Function cookies: these cookies are necessary for various ends connected to the presentation, activity and function of our Platforms. However, their overall aim is to give visitors a better experience and usage of the Platforms. For example, some of these cookies allow visitors to specify their preferences as to language, products or other preferences.
• Performance cookies: these cookies are used to gather information on how visitors use the Platforms. The information gathered does not identify any single visitor and is aggregated. It includes the number of visitors to our Platforms, the platforms through which they arrived and the pages they visited on our Platforms. We use this information to improve our Platform function, to gather ample demographic information and to monitor the level of activity on our Platforms.
• Advertising cookies: when you visit our Platforms or click on advertisements or on promotional areas on our Platforms, these cookies are used to offer advertisements that correspond more to your interests. They are also used to limit the number of times an advertisement is shown, as well as to evaluate how effective the advertisement or promotion is. Usually, these cookies are placed by advertising networks with our permission. They remember you have visited a platform and this information is shared with other organizations, as for example the advertisers.
• Social cookies: these cookies make it possible for users to share pages and contents through third party social platforms and other platforms. The companies that send these cookies can also use your information to send focused advertising to other platforms.
We use the non-essential cookies on the basis of your consent. You have the right to revoke your consent and refuse the use of the cookies at any time. However, if you choose not to consent to cookies it is possible you wouldn’t be able to use all the functions of our Platforms. You can choose your preferences for cookies by changing your browser’s settings, so that the cookies from our Platforms can’t be installed on your computer or mobile device. To do this, follow the instructions given by your browser (you can usually find them under “Guide”, “Instruments” or “Modify”). For further information on cookies, as well as on how to see which cookies have been installed on your computer or mobile device, and on how to manage and cancel them out, go to www.allaboutcookies.org and www.youronlinechoices.eu. Besides, we gather information on your computer or mobile device (including the IP address if it’s available), on your operational system, on when you access and on the type of browser. We use this information to understand better how visitors use our Platforms and for internal reporting. We will make this information anonymous, and could share it with advertisers, sponsors or other partners.

We would like to point out that platforms use third parties, for example networks of advertisers and ad exchanges, to show advertising on third party platforms after you have left our Platforms. We use analytics from third party partners and from other service suppliers to evaluate and procure for us or for third parties information on the use of the Platforms and on visualization of advertising and of our contents. The networks of advertisers are third party partners who show advertisements, which can be based on your visits to the Platforms, on other apps and websites you have visited. Sending you advertising from third parties allows us to personalize the advertising for you on the basis of the products and services that could interest you.
The tracing technologies of third parties are not controlled by us, even though they are associated with our Platforms or our advertisements. The declarations on our procedures do not apply to the methods of gathering information used by these third parties and by others, or to the use of the information gathered by these third parties. It is necessary to refer to the terms of service, the privacy policy, the authorizations, the notices and the choices of third parties for anything concerning their procedures to gather, memorize and share. We do not give any guarantees as to the policies or procedures of third party advertisers or networks or advertising exchanges or any other third parties.
As to receiving the advertising, you can choose. You can choose the right to opt-out of receiving specific types of behavioristic advertising by visiting the websites of third parties. We are not responsible for the effectiveness of, or conformity with, any choice of opt-out from third parties. Finally, some of the services we provide are able to use the information on your position. For these services, which are generally available on mobile devices or applications, you are given the possibility to give your consent to the use of localization, which for example processes the information from GPS, sensors, beacons or Wi-Fi access points to allow you to benefit from a more personalized service. Should you choose not to use them further, your device has settings that allow you to disactivate these services.

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