These Terms govern
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The person responsible for this Website is:
Merja Makivirta
Duino-Devin 71/O
34011 Duino-Aurisina TS IT
ITALY
Owner's email address: mymindtuning@gmail.com
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity. Further conditions of use or access applicable in particular situations are expressly indicated in this document. By using this Website, the User declares to meet the following requirements:
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
The Owner expressly holds and reserves all intellectual property rights on the aforementioned 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 exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to engage in such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright legislation remain unchanged.
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
In particular, on this Website Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through this Website. By clicking on any of these advertisements, the User will interact with the third party responsible for advertising.
The Owner is not responsible for what may arise from such interaction with third parties, from accessing third party sites or from the use of third party content.
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate any law, regulation or third party rights.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Website Web or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
Some of the Products offered on this Website as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are
described below and in the respective sections of this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented as accurately as technically possible, the representation on this Website by any means (including, as the case may be, graphics, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each phase, from choosing the product to placing the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
Placing your order involves the following:
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 procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
The details relating to 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 is given in the relevant section of this Website.
All payments are managed independently by third party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.
The purchase price can be paid in two or more installments, in the terms specified on this Website or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
In the event that the User defaults on only one of the payment installments, the entire amount due will be immediately due and payable.
Until payment of the full purchase price is received by the Owner, the User does not acquire the rights to use the Products ordered.
The purchased service will be performed or made available within the times indicated on this Website or according to the methods communicated before forwarding the order.
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Users acknowledge and accept that there is no right of withdrawal from contracts concluded on this Website by virtue of the particular characteristics of the offer.
The User undertakes to indemnify and hold the Owner and his subordinates, affiliates, officers, agents, co-brand owners, partners and employees harmless from any claim or demand - including, without limitation, legal fees and expenses - made by third parties to due to or in connection with any wrongful conduct such as your use of or connection to the Service, your violation of these Terms, your violation of third party rights or laws by you, your affiliates, officers, agents, co-owners, brand, partners and employees, to the extent of the law.
Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Data Controller (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner's liability for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.
Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Data Controller assumes no responsibility for:
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or defense which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory laws and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to a new provision of the services or to the payment of the cost for the repetition of their provision.
The Owner provides this Website "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; 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 your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or from your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or malfunction with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate resale program.
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under international legislation and treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
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 affect the relationship with the User only for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
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 Users.
The provisions relating to the modification of these Terms 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 relating to the use of this Website must be sent to the addresses indicated in this document.
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. These Terms will be enforced to the fullest extent permitted by law.
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules.
However, regardless of the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.