Labritmoshop Terms and Conditions
These Terms govern
The use of this Website and any other Agreement or legal relationship with the Owner in a binding manner.
Capitalized expressions are defined in the relevant section of this document.
Please read this document carefully.
The person responsible for this Website is:
The Rhythm Laboratory
Owner contact email: info@labritmo.com
About this Website
Labritmoshop offers products dedicated to Music.
The Digital contents are produced by Il Laboratorio del Ritmo.
On the site there are both audio content of exclusive property (also editorial) of Il Laboratorio del Ritmo, and audio backing tracks of cover songs. All the material on the site has been entirely created by the team of musicians of Il Laboratorio del Ritmo.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.
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:
There are no restrictions on Users as 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 may not use the Service without opening a User account.
It is the responsibility of Users to keep their login credentials secure and to preserve their confidentiality.
To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access 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, access credentials or personal data, have been violated, unlawfully disseminated or stolen.
Registration Requirements
The registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that he meets these conditions.
Opening accounts via bots or other automated means is not allowed.
Unless otherwise specified, each User may create only one account.
Except where expressly permitted, a User's account may not be shared with other persons.
Account closure
You are free to close your account and cease using the Service at any time by following these steps:
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, refund or compensation.
The suspension or cancellation of an account for reasons chargeable to the User does not exempt the User from paying any fees or prices that may be applicable.
Content on this Website
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 so that the content available on this Website does not violate the applicable legislation or the rights of third parties.
However, it is not always possible to achieve such a result.
In such cases, without prejudice to the rights and claims legally exercisable, Users are requested to address the related complaints to the addresses specified in this document.
Rights to the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the content in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without your knowledge.
In addition, only non-commercial use is permitted, and in relation to DJs, Musicians and Live Performers the use of the products is allowed only for the purpose of musical programming during their performances in public places.
It is expressly forbidden any other commercial use, and any other type of monetization.
Where expressly indicated on this Website, the User is authorized to download, copy and / or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unaffected.
In some cases, commercial use may be envisaged only upon formal request to the Holder of a specific license for use.
Access to external resources
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 that therefore
is 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, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under 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 the law, regulations or rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever there is a suspicion that the User is committing violations of the law, regulations, rights of third parties and/or the Terms.
Rules of conduct
pretend to meet any requirement to access this Website or use the Service, such as the age of majority or the status of Consumer;
hide your identity, use the identity of others or pretend to act on behalf of a third party, unless authorized by that third party;
alter identifiers to hide or camouflage the origin of your messages or published content;
defame, threaten, abuse, use intimidating practices, threaten or violate the rights of third parties in any other way;
promote activities that may endanger your own life or that of any other User or cause physical harm. They are included in this category, but without any exclusion,
the threat of or incitement to suicide, the exaltation of intentional physical trauma, the use of illegal drugs, alcohol abuse. Posting content that promotes, enhances, or illustrates
self-destructive or violent attitudes on this Website is not tolerated under any circumstances;
test, analyze or test the vulnerability of this Website, the services and networks connected to the Site, violate the security or authentication procedures on this Website,
the services and networks connected to this Website;
install, integrate, upload or otherwise incorporate malware into or through this Website;
use this Website or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for spam purposes);
attempt to disrupt or tamper with the technological infrastructure in such a way as to cause damage or undue burden to this Website or the Service;
Content rules
disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
post content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
disseminate or publish content that is false or that may cause unjustified alarm;
use this Website to publish, disseminate or otherwise offer content protected by intellectual property law, including, but not limited to, patents,
trademarks and copyright, without the authorization of the rights owner;
use this Website to publish, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, commercial, professional secrets
or status and personal data;
post content or carry out activities that disrupt, disrupt, damage or otherwise violate the integrity of this Website or the devices of other Users.
These activities include: spamming, the illicit dissemination of advertising, phishing, fraud against third parties, the spread of malware or viruses, etc.;
Prohibitions on commercial use
open an account or use this Website to promote, sell or advertise products or services of any kind in any way;
pretend or imply in any way that you have a relationship with this Website, that you enjoy the support of this Website or that this Website endorses the products or services of you or a third party for any purpose;
Some of the Products offered on this Website as part of the service are subject to charges.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
To purchase the Products, the User is required to register or log in to 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 with the greatest technically possible accuracy, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase process.
Purchase procedure
Every step, from the choice of the product to the submission of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
Users are requested 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 your 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 on the part of the User to pay 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 accordingly.
Once the order has been submitted, 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.
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.
The prices on this Website include all applicable fees, taxes and charges.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Headquarters of the Data Controller, as indicated in the contact details in this document.
Good
Promotions and discounts can be offered in the form of Vouchers.
In case of violation of the conditions applicable to the Vouchers, the Data Controller may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to act in the appropriate courts, including judicial ones, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers shown on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions below.
Unless otherwise specified, the following rules apply to the use of Vouchers:
Each Voucher is only valid if used in the manner and within the period of time specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
Unless otherwise specified, disposable vouchers can only be redeemed once per purchase and can therefore be redeemed only once even in the case of installment purchases;
Vouchers cannot be combined;
The Voucher must be used within the specified period of validity. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended exclusively for non-commercial use. The reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.
Means of payment
Details of the accepted means of payment are highlighted during the purchase process.
Some means of payment are subject to additional conditions or incur additional costs.
All payments are handled 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 fees arising from the failed or declined payment shall be borne by the User.
Retention of title
Until receipt of payment of the full purchase price by the Owner, the User does not purchase the rights of use of the Products ordered.
Contractual right of withdrawal
Delivery
Delivery refers only to physical products and not to digital products.
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 indicated in this document or as described in the delivery note. Users can refuse to accept the package if visibly damaged.
Delivery can take place in the countries or territories chosen by the Data Controller, according to the delivery times indicated by the individual Suppliers of the aforementioned Services.
Non-delivery
The Owner is not responsible 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 occurred after delivery to the courier if the latter has been appointed by the User.
In the event that the goods are not delivered or collected at the time or within the established term, 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 delivery attempt starting from the second will be borne by the User.
Delivery of digital content
Unless otherwise specified, digital content purchased on this Website is delivered by download to the device or devices chosen by the User.
Users acknowledge and agree that, in order to download and/or use the Product, the device or devices chosen 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 possibility of downloading the purchased Product may be limited in time and space.
Provision of services
The service purchased will be performed or made available within the times indicated on this Website or in the manner communicated before the order is placed.
Duration of the contract
User Rights
Right of withdrawal
Unless an exception is made, 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 more information on the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below is met, Users acting as European Consumers have the right by law to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for 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.
To this end, the User can use the model withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
When does the withdrawal period expire?
In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him 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 on which the User or a third party – appointed by them and different from the courier – takes possession of the last of the goods, lots or pieces.
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 deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.
The refund 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 means of payment used for the initial transaction. The User does not have to bear 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 required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized 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 of having returned them.
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 shipping costs of the return are charged to the User.
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
the supply of digital content on a non-material medium, when the execution has begun with the express consent of the User and with the acceptance of losing the right of withdrawal;
the supply of goods made to measure or clearly personalized;
provision of services after the service has been fully performed, when the execution has begun with the express consent of the User and with the acceptance of losing the right of withdrawal as a result of the complete execution of the contract;
Limitation of liability and indemnity
European Users
Indemnity
The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with negligent conduct such as use or connection to the service, violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, brand joint controllers, partners and employees, to the extent of the law.
Limitation of liability for the User's activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Liability of the Owner for death, personal injury or physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and / or damage caused by willful misconduct or gross negligence, provided that the use of this Website by the User has been suitable and correct.
Unless the damages were caused with intent 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:
any lost earnings or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or savings budgeted, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
damages or losses resulting from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events and, in any case, beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications;
any losses that are not a direct consequence of a breach of the Terms by the Owner;
Notwithstanding the foregoing, the following limitations apply to all Users who do not act as Consumers:
In case of liability of the Owner, the compensation due may not exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
US Users
Disclaimer of Warranty
The Owner provides this Website "as is" and subject to availability. Your use of the Service is at your own risk. To the fullest extent permitted by law, the Owner expressly disclaims 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 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 herein
Notwithstanding the foregoing, the Owner and its 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, uninterruptedly and securely, 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, insure or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlinks. 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 not function 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 enjoy additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from 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 to or use of the Service or 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 any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, trojan horses or the like 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 posted, 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 event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than that paid by the User to the Owner during the previous 12 months, or for the period of duration of this Agreement between the Owner and the User, depending on which of the two 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 arises from contract, tort, negligence, strict liability or any other basis, even if the Owner 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, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits of applicable law.
Indemnity
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, legal fees and expenses arising from
the use of or access to the Service by the User, including any data or content transmitted or received by the User;
your breach of these Terms, including, but not limited to, any breach by you of any representations or warranties under these Terms;
your violation of any rights of any third party, including, but not limited to, any rights relating to privacy or intellectual property;
the Violation by the User of any applicable law, rule or regulation
any content submitted from the User's account, including, but not limited to, misleading, false or inaccurate information and including the case in which access is made by third parties with the User's personal username and password or other security measures, if any;
the malicious conduct of the User; or
breach of any legal provision by you or your affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No implied waiver
Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver shall be deemed 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 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 case 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.
In addition, the Service may not be available for reasons that are beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website 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 Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, 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 the legislation and international 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 Website 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 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 wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in each party's right to terminate the Agreement.
The applicable previous version continues to govern the relationship until the User's acceptance. This version can be requested from the Data Controller.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
Assignment 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 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.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
Should any provision of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not result in the invalidity of the remaining provisions, which shall therefore remain valid and effective.
US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance 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 any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavour to amicably identify a valid and effective provision in lieu of a void, invalid or ineffective provision.
In case 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 shall not render the entire Agreement null and void, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden on 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, notwithstanding the foregoing, if you are acting as a European Consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge 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.
US Users
Post-contractual effectiveness
This Agreement remains valid until terminated by this Website or by the User. Upon termination, the provisions contained in these Terms shall remain in effect and by their nature are intended to survive termination or expiration of the Agreement, including, but not limited to, the following:
the granting of licenses by the User under these Terms resists indefinitely;
the User's obligation to indemnify for a period of five years from the date of termination;
the exclusions of liability and guarantees of and the agreements set out in the section on indemnity and limitations of liability resist indefinitely.
Dispute Resolution
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve amicably.
Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
The User may address a complaint to the owner's e-mail address 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 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, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
Germany: Dispute settlement procedure with Consumers before a conciliation body
The Data Controller does not participate in alternative dispute resolution procedures with Consumers pursuant to the German Verbraucherstreitbeilegungsgesetz.
Definitions and legal references
This Website (or this Application)
The structure that allows the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Business User
Any User who does not correspond to the definition of Consumer.
Good
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Model withdrawal form
Addressed to: info@labritmo.com
I hereby notify you of the withdrawal from my/our contract of sale of the following goods/services:
______________________________________________ (insert here a description of the goods/services from which you intend to withdraw)
Ordered on: ______________________________________ (insert date)
Received on: __________________________________________ (insert date)
Name of consumer(s):______________________________________
Address of consumer(s):____________________________________
Date: ______________________________________
(sign only if this form is notified in paper version)
Owner (or Us)
Means the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service that can be purchased through this Website, such as a tangible good, digital files, software, booking services etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement linked to it, in the most up-to-date version respectively.
User (or You)
Means any natural person who uses this Website.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his entrepreneurial, commercial, craft or professional activity.
Latest update: January 05, 2022