Terms and conditions

The responsible party of this Application is:

Kmeel di Ivan Khmelyuk, Rione S. Giacomo 537
Chioggia 30015 (Ve)
Italy
VAT number 04466670272

Owner contact email:  info@kmeel.com

To know

• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

• The right of withdrawal on this Application is applicable to all Users, regardless of their capacity as Consumers.

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CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Application set out in this section have general validity.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Application, the User declares to satisfy the following requirements:

• There are no restrictions referring to Users with respect to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.

You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.

 

It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.

 

By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials.

Users are required to inform the Data Controller immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.

Account closure

The User is free to close their account and cease using the Service at any time, by following this procedure:

• By contacting the Data Controller at the addresses 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 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, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner takes the utmost care so that the content available on this Application does not violate the applicable legislation or the rights of third parties. However, this is not always possible.

In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to address the related complaints to the addresses specified in this document.

Rights on the contents of this Application – “some rights reserved”

Unless otherwise specified, the following does not apply to third-party content available on this Application, such as third-party brands, logos, images, etc .:

The Owner grants the intellectual property rights on the contents of this Application according to the following license: http://www.kmeel.com/licenza

Access to external resources

Through this Application, 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 concessions 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.

Permitted use

This Application and the Service may be used only for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

 

It is the User’s sole responsibility to ensure that the use of this Application and / or the Service does not violate the law, regulations or the rights of third parties.

 

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 Application or the Service, terminate contracts, report any reprehensible activity carried out through this Application or the Service to the competent authorities – p. ex. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:

• violations of the law, regulations and / or the Terms;
• injury to the rights of third parties;
• acts that may considerably prejudice the legitimate interests of the Data Controller;
• offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Application as part of the service are subject to a fee.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of this Application and are subject to change without notice.

 

Although the Products on this Application are presented with the utmost accuracy technically possible, the representation on this Application by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and does not imply any guarantee regarding the characteristics of the purchased Product.

 

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, 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 asked to choose the desired Product and to verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by forwarding 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 obligation of the User to pay the price, taxes and any additional 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 forwarding of the order also constitutes the User’s obligation to collaborate with consequence.
• Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

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.

Prices on this Application:

• depending on the section that the User is consulting, they include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.

Payment methods

The details of the accepted means of payment are highlighted during the purchase procedure.

 

Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this Application.

 

The payment methods marked as such are managed directly by the Owner. The Data Controller collects and stores the data necessary for the management of payments and for the fulfillment of related legal obligations. To receive further information on the processing of personal data and related rights, the User can refer to the privacy policy of this Application.

 

Any other payment methods, if any, are provided independently by third party services. In these cases, this Application does not collect any payment information – such as credit card information – but receives a notification from the third party provider concerned when the payment is successfully completed.

 

In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are the responsibility of the User.

Retention of title

Until the payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Reservation of rights of use

Until the payment of the full purchase price is received by the Owner, the User does not purchase the rights of use of the Products ordered.

Contractual right of withdrawal

The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of this Application within 20 days of the conclusion of the contract.

Delivery

Delivery of digital content

Unless otherwise specified, the digital content purchased on this Application is delivered via download on the device or devices chosen by the User.

Users acknowledge and accept that, in order to download and / or use the Product, the chosen device or devices and the respective software (including operating systems) must be legal, commonly used, updated and in line with current market standards. .

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

User rights

Right of withdrawal

Unless there is an exception, the User may have the right to withdraw from the contract within the term 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.

Who enjoys the right of withdrawal

The right of withdrawal allows European Consumers to withdraw from contracts concluded at a distance (since the User is unable to see or try the Product before concluding the contract). Withdrawal from the contract eliminates the obligation of the contractors to perform it.

On this Application the right of withdrawal is applicable to all Users.

Unless one of the exceptions mentioned below occurs – if provided – the Consumer User has the right to withdraw from the contract within the time period specified below for any reason and without the need for justification.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal deadline expires.

When does the withdrawal deadline expire?

• In the case of contracts for the purchase of digital content not provided on material support the withdrawal period expires after 14 days from the day of conclusion of the contract, unless the User has renounced the right of withdrawal.

Effects of withdrawal

The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User.

The reimbursement takes place 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 is made using the same payment method used for the initial transaction. The User must not incur any costs as a consequence of the withdrawal.

Guarantees

Satisfied or reimbursed for the purchase of goods

Without prejudice to the provisions of the law, the Owner grants Users the right to withdraw from a purchase which they are not satisfied with within 30 days of delivery of the goods, receiving a refund of the price.

 

The Holder will refund the price of the purchased Product using the same payment method as the original transaction.

In order to make use of this right, Users must send an unequivocal communication to the Owner. Although it is not necessary to indicate a reason, Users are kindly requested to specify the reason why they wish to use the money-back guarantee.

 

Within the same period of time indicated above, Users must also return the purchased goods to the Owner, at their own expense, making sure that they are intact, clean and suitable for resale. Goods must be returned in their original packaging.

As soon as the goods are received, the Owner will verify that all the conditions of the refund guarantee are met and, if so, will refund the purchase price.

Satisfied or reimbursed for the purchase of services

Without prejudice to the provisions of the law, the Owner grants Users the right to withdraw from the purchase of a service which they are not satisfied with within 30 days of the conclusion of the contract.

 

The Holder will refund the price of the purchased Product using the same payment method as the original transaction. In order to make use of this right, Users must send an unequivocal communication to the Owner. Although it is not necessary to indicate a reason, Users are kindly requested to specify the reason why they wish to use the money-back guarantee.

 

The Owner will verify that all the conditions of the money-back guarantee are met and, if so, will refund the purchase price. The User will no longer have access to the purchased service.

Limitation of Liability and Indemnity

Australian users

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranties, conditions, indemnities, rights or safeguards that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitute a right. which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation 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 supply of the services or to the payment of the cost for the repetition of their supply.

USA users

Disclaimer of Warranty

The Owner provides this Application “as is” and according to availability. The use of the Service is at the User’s own risk. Within the maximum limits permitted by law, the Owner expressly excludes the conditions, agreements and guarantees of any kind – whether express, implied, statutory or other, including, by way of example but not limited to, any implicit guarantees of marketability, suitability for a particular purpose or non-violation of the rights of third parties. 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, the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and secure manner, at any particular time or place; 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 the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation. or from the use of the Service by the User.

The Owner does not guarantee, approve, assure 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 may not work properly with the User’s 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 laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply within the limits set by law.

Limitation of Liability

Within the maximum limits permitted by applicable law, in no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for

• any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, arising from or relating to use, or the 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 the User account or the information contained therein;
• any error, lack or inaccuracy in the contents;
• personal injury or material damage, of any nature, resulting from the access or use of the Service by the User;
• any unauthorized access to the Data Controller’s security servers and / or to any personal information stored therein
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojans or similar that may be transmitted to or through the Service;
• any error or omission in any content or for any loss or damage suffered as a result of the use of any content published, emailed, transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for any request for compensation, proceeding, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on the limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability derives from a contract, tort, negligence, strict liability or any other basis, even if the Controller had been advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights and the User may enjoy other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for by these Terms do not apply beyond the limits provided for by applicable law.

Manleva

The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, burden. o debt and expense, including, without limitation, legal fees and expenses arising out of

• l’uso o l’accesso al Servizio da parte dell’Utente, compresi gli eventuali dati o contenuti trasmessi o ricevuti dall’Utente;
• la violazione di questi Termini da parte dell’Utente, comprese, a titolo esemplificativo ma non esaustivo, eventuali violazioni da parte dell’Utente di qualsivoglia dichiarazione o garanzia prevista da questi Termini;
• la violazione da parte dell’Utente di qualsiasi diritto di terzi, compreso, ma non limitato a, qualsiasi diritto relativo alla privacy o alla proprietà intellettuale;
• la violazione da parte dell’Utente di qualsiasi legge, norma o regolamento vigente
• qualsiasi contenuto inviato dall’account dell’Utente, incluse, a titolo esemplificativo ma non esaustivo, informazioni fuorvianti, false o imprecise e compreso anche il caso in cui l’accesso venga effettuato da terzi con username e password personali dell’Utente o altre misure di sicurezza, se presenti;
• la condotta dolosa dell’Utente; o
• la violazione di qualsivoglia disposizione legale da parte dell’Utente o dei suoi affiliati, funzionari, agenti, contitolari del marchio, partner, fornitori e dipendenti, nei limiti consentiti dalla legge applicabile

Common provisions

No implied disclaimer

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 any other right.

Interruption of the Service

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 completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information in accordance with 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, infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Application.

Proprietà intellettuale

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 Application are held exclusively by the Owner or its licensors and are protected. pursuant to international legislation and treaties applicable to intellectual property.

All trademarks – word or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to change 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.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.

Any changes to these Terms will be communicated in writing at least one month before becoming effective. If the Consumer does not accept the modified Terms, he will have the right to withdraw from the Agreement without suffering any prejudice and without any right to compensation within four months from the date on which the changes to the Terms became effective.

If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.

 Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Application must be sent to the addresses indicated in this document.

Safeguard clause

If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.

USA users

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 implemented to the fullest extent permitted by law.

European users

Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.

In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not lead to nullity of the entire Agreement, unless the null, 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.

Applicable law

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 the conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Data Controller 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.

USA users

Post-contractual effectiveness

This Agreement remains valid until terminated by this Application or by the User. Following the termination, the provisions contained in these Terms remain in force and by their nature are intended to remain effective even after the termination or expiration of the Agreement, including, by way of example but not limited to the following:

• the granting of licenses by the User according to these Terms is valid indefinitely;
• the User’s indemnification obligation lasts for a period of five years from the date of termination;
• the exclusions of liability and guarantees of and the agreements reported in the section relating to indemnity and limitations of liability are valid indefinitely.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the addresses indicated in this document.

The User can address a 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 Data Controller will process the request without undue delay and within 30 days of its receipt.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here.