Terms and Conditions of Holyart

These Terms govern

  • the use of Holyart, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.


The User must read this document carefully.

Pulcranet s.r.l.

Via Martiniana n. 325/b
42126 Modena
Italia

CF/P.IVA: 03094930363
Capitale sociale versato: € 450.000,00
Camera di Commercio di Modena

Owner contact email: amministrazione@holyart.it

Information about Holyart

Holyart is the first Italian e-commerce entirely dedicated to the religious world. In order to make the purchasing procedure clear and transparent, the service pays particular attention to the description of the products, always accompanied by detailed photographs and exhaustive descriptions (price, sizes, materials, variants, weights, etc.). The payment services adopted by Holyart meet the highest standards of security and the products are delivered quickly.

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing Holyart. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Holyart as outlined in the present document. “Holyart” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use Holyart, you must carefully read and agree to this Agreement. Your use of Holyart implies your acceptance of the Agreement in full. If you do not agree with the present document you must refrain from using Holyart.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Holyart. The Owner is not responsible for the content provided by third parties or for its availability.

Services provided by third parties

Users may use third-party services or content included in Holyart, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Holyart or any portion of it;
  • circumvent any technology used by Holyart or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Holyart;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Holyart or its content;
  • rent, lease or sublicense Holyart;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • misappropriate any account in use by another User;
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Holyart in any way;
  • use Holyart in any other improper manner that violates the Terms.

Terms and conditions of sale

Purchase

Order cancellation

The User may cancel the order within 24 hours of confirmation by notifying the contact details indicated herein of his or her intention. Holyart will reimburse any amount received within 4 working days from the date of receipt of the request.

In the event that the order has been processed, and the goods have been delivered, the User may avail himself of the withdrawal procedure provided for in the following sections of this document.

Methods of payment

Holyart uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.

Any declined payment costs shall be borne by the User.

More information on payment methods can be found in the section relating to payment methods.

Delivery

Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must verify the contents specifying any anomalies in the delivery form. In case of failure to collect the delivery within the period established by the carrier, the products will be returned to the Owner, who will refund the price of the products and shipping costs. If delivery was made outside of national borders, Holyart will not refund the shipping cost and any customs fees. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it. More information on how to deliver products can be found in the section relating to shipping.

Right of withdrawal

In case of purchase of products or services via Holyart the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.

To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.

In particular, the User may use the procedure described in the section relating to the return of goods, while remaining free to express his or her choice in any other equivalent form.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.

The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The costs of returning the goods is borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

The provisions of the "Delivery" section shall apply mutatis mutandis.

Limitations on the right of withdrawal

Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.

The right of withdrawal is excluded in all cases relating to:

  • Goods made to specifications or clearly personalized;
  • Goods which are liable to deteriorate or expire rapidly;
  • Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.

If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.

Applicability of the right of withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Sale of alcohol

Alcoholic beverages can only be sold to people of legal age to purchase alcohol according to the current law

Guarantee

The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.

To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:

  • If repair and replacement are impossible or prohibitively expensive;
  • If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
  • Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.

The User is obliged to return the defective products.

Indemnification and limitation of liability

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Limitations of liability

Holyart and all functions accessible through Holyart are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Holyart and functions accessible through Holyart are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Holyart. Therefore, the Owner shall not be liable for:

  • any losses that are not a direct consequence of the breach of the Agreement by the Owner;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of Holyart due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
  • incorrect or unsuitable use of Holyart by Users or third parties.

Miscellaneous

Service interruption

To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Holyart.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Holyart and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of Holyart which is hereby considered to be part of these Terms.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Holyart are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Holyart are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Software license

Holyart grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by Holyart. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.

All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Holyart.

Users who continue to use Holyart after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to Holyart must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Dispute resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.

Alternative dispute resolution procedure (ADR) (Netcomm Italy)

Pursuant to art. 49 letter V of the Legislative Decree of 6 September 2005 no. 206 (“The Consumer Code”), the User can take advantage of an alternative dispute resolution procedure. Holyart participates in the alternative dispute resolution (http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl) procedure provided by the Netcomm Consortium. This procedure allows Users who can be qualified as consumers, to resolve any disputes arising from the use of Holyart with the Owner. The procedure can be initiated by the User after having already filed a complaint with the Owner and, within 30 days, has not received feedback or has received an unsatisfactory response. To begin this process, the User must send their request by e-mail to conciliazione@consorzionetcomm.it (mailto:conciliazione@consorzionetcomm.it) or by fax to 02/87181126. The initiation of the procedure does not preclude nor prejudice the legal proceedings.

Definitions

Holyart (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Example withdrawal form

Addressed to:

Pulcranet s.r.l. Via Martiniana n. 325/b 42126 Modena Italia CF/P.IVA: 03094930363 Capitale sociale versato: € 450.000,00 Camera di Commercio di Modena
amministrazione@holyart.it

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides Holyart and/or the Service to Users.

Service

The service provided by Holyart as described in these Terms and on Holyart.

Terms

All provisions applicable to the use of Holyart and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Holyart.

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