These Terms govern
- the use of isbag.shop and
- any other Agreement or legal relationship with the Owner
in a binding manner. Expressions with capital letters are defined in the relevant section of this document.
Please read this document carefully.
The person responsible for isbag.shop is:
Leather goods Barisi Viale Porro, 1, 21014 Laveno-Mombello (VA)
Holder’s email address: [email protected]
To know at a glance
- The right of withdrawal only applies to European Consumers.
- Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions could apply only to Consumers or only to Users who are not acting as Consumers. These limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.
Unless otherwise specified, the conditions of use of isbag.shop set out in this section apply generally.
Further conditions of use or access applicable in particular situations are expressly stated in this document.
By using isbag.shop you declare that you meet the following requirements:
- There are no restrictions on Users with respect to whether they are Consumers or Professional Users.
In order to use the Service the User can open an account indicating all the data and information required in a complete and truthful manner.
You cannot use the Service without opening a User account.
It is the Users’ responsibility to maintain their access credentials in a secure manner and to preserve their confidentiality. For this purpose, Users must choose a password that corresponds to the highest level of security available on isbag.shop.
By creating an account, the User agrees to be fully responsible for any activity carried out with his/her login credentials. Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, has been violated, unlawfully disseminated or stolen.
You are free to close your account and stop using the Service at any time by following this procedure:
- By contacting the Owner at the contact details in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User’s account at any time at its own discretion and without notice if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, refund or indemnity.
The suspension or cancellation of an account due to causes chargeable to the User does not exempt the User from the payment of any fees or prices that may apply.
Contents on isbag.shop
Unless otherwise specified or clearly recognisable, all content available on isbag.shop is the property of or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on isbag.shop does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are kindly requested to submit the relevant complaints using the contact details specified in this document.
Rights to the contents of isbag.shop
The Owner holds and expressly reserves all intellectual property rights on the above mentioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from content available on isbag.shop, to allow third parties to engage in such activities through their User or device account, even without their knowledge.
Where expressly indicated on isbag.shop, the User is authorised to download, copy and/or share certain content available on isbag.shop exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Owner.
The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through isbag.shop Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, shall be determined by such third parties and governed by their terms and conditions or, in their absence, by law.
Isbag.shop and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is your sole responsibility to ensure that the use of isbag.shop and/or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to isbag.shop or the Service, terminate contracts, report any reprehensible activities carried out through isbag.shop or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User implements or is suspected of implementing them:
- violations of law, regulations and/or the Terms;
- injury to third parties’ rights;
- acts which may considerably prejudice the legitimate interests of the Holder;
- offenses to the Holder or a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on isbag.shop, as part of the service, are provided for a fee.
The tariffs, duration and conditions applicable to the sale of such Products are described below and in the respective sections of isbag.shop.
Prices, descriptions and availability of the Products are specified in the respective sections of isbag.shop and are subject to change without notice.
Although the Products on isbag.shop are presented with the greatest possible technical accuracy, representation by photo, image, colour, sound or any other means is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each step, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are kindly requested to choose the desired Product and to check their choice of purchase.
- After checking the information visible in the choice of purchase, Users can place the order by submitting it.
Sending the order
Sending the order involves the following:
- The sending of the order by the user determines the conclusion of the contract and gives rise to the User the obligation to pay the price, taxes and any other charges and expenses, as specified on the order page.
- In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User’s obligation to cooperate accordingly.
- Once the order has been placed, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
The prices on isbag.shop are shown:
- applicable fees, taxes and charges excluded or included, depending on which section the User is browsing.
Means of payment
Details of the accepted means of payment are highlighted during the purchase procedure.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of isbag.shop.
All payments are handled independently by third-party services. Therefore, isbag.shop does not collect payment information – such as credit card numbers – but receives a notification once the payment is successful.
If payment by one of the available means fails or is refused by the payment service provider, the Cardholder is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment shall be borne by the User.
Retention of title
Until payment of the full purchase price has been received by the Owner, the User does not acquire ownership of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the addresses given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the countries or territories specified in the actual section of isbag.shop.
Delivery times are shown on isbag.shop or during the purchase process.
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been commissioned by the User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any attempt to deliver from the second will be charged to the User.
Right of withdrawal
Unless there are exceptions, the User may be entitled to terminate the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal
If one of the exceptions listed below does not apply, Users acting as European Consumers are entitled by law to withdraw from contracts concluded online (distance contracts) within the period of time applicable to the specific case for any reason and without justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. The User is however free to express his or her intention to withdraw from the contract in any other appropriate form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the expiry of the withdrawal period.
When does the withdrawal period expire?
- In case of purchase of goods, the withdrawal period expires after 14 days from the day in which the User or a third party – appointed by him/her and different from the courier – takes possession of the goods.
- In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day in which the User or a third party – appointed by him/her and different from the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner shall reimburse all payments received including, if made, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheaper standard delivery method offered by the Owner, will be borne by the User.
The reimbursement is made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a result of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is obliged to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days of the day on which he has communicated his intention to withdraw from the contract.
The deadline is respected if the delivery of the goods to the courier or other authorised person takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof that they have been returned.
The User is liable for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are the responsibility of the User.
Legal Product Compliance Warranty
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years after delivery. Therefore, the seller is obliged to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years after delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to items available on isbag.shop in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant such Users more extensive rights.
Consumers who do not act as European Consumers may enjoy rights of conformity assurance under the law of their country of habitual residence.
Limitation of liability and indemnity
Limitation of liability
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
No implied waiver
Failure by the Owner to exercise any legal rights or claims arising from these Terms shall not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the law.
Moreover, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit isbag.shop or the Service in whole or in part without the prior written consent of the Owner, either directly or through a legitimate resale program.
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to isbag.shop are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks – whether word or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with isbag.shop are and remain the exclusive property of the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will only affect the relationship with the User for the future.
Your continued use of the Service implies your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms may result in either party’s ability to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until acceptance by the User. This version can be requested from the Owner.
If required by the applicable law, the Owner will specify the date by which the amendments to the Terms will enter into force.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the amendment of these Terms shall apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
All communications regarding the use of isbag.shop must be sent to the contact details indicated in this document.
If any provision of these Terms shall be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or become void, invalid or unenforceable, the parties will endeavour to amicably find a valid and effective replacement for the void, invalid or unenforceable provision.
In the event of failure to agree within the above terms, if permitted or provided for by applicable law, the invalid, invalid or ineffective provision will be replaced by the applicable law.
Notwithstanding the foregoing, the invalidity, invalidity or ineffectiveness of any specific provision of these Terms shall not render the whole Agreement void, unless the invalid, invalid or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the Agreement if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on either party.
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties regarding the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law
The Terms shall be governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and is habitually resident in a country whose law provides for a higher level of consumer protection, this higher level of protection shall prevail.
Place of jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to Users’ right to take legal action, in the event of a dispute concerning the use of isbag.shop or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address his/her complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Owner will process the request without undue delay and within 21 days of its receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
Definitions and legal references
Isbag.shop (or this Application)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not meet the definition of Consumer.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Withdrawal form type
Leather goods Barisi Viale Porro, 1, 21014 Laveno-Mombello (VA)
Holder’s email address: [email protected]
We hereby notify you of the termination of my/our contract of sale of the following goods/services:
_____________________________________________ (please enter here a description of the goods/services from which you intend to withdraw)
- Ordered the: _____________________________________________ (insert date)
- Roger that: _____________________________________________ (insert date)
- Nome del/dei consumatore/i:_____________________________________________
- Indirizzo del/dei consumatore/i:_____________________________________________
- Data: _____________________________________________
(sign only if this form is notified on paper)
Owner (or Us)
Indicates the natural or legal person who provides isbag.shop and/or offers the Service to Users.
A good or service that can be purchased through isbag.shop, such as material goods, digital files, software, booking services etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through isbag.shop as described in the Terms and on isbag.shop.
All terms and conditions applicable to the use of isbag.shop and/or the provision of the Service as described in this document and any other related documents or agreements, in the latest version respectively.
User (or You)
Indicates any natural person using isbag.shop.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.