Terms and conditions of use

INTRODUCTION - INFORMATION ABOUT THE COMPANY

LUXOCCULTASHOP.COM is an electronic shop for the sale for products (womenswear, footwear, accessories, etc.) on line,  which is based in corso umberto 46, 65015 montesilvano (PE) tel.0030 6938467616 and email info [at] luxoccultashop.com, having Tax Ref. (VAT) No. 01999780685, Tax Office of Italy

ACCEPTANCE OF TERMS OF USE

Visitors/users of the site are requested to read carefully all the terms governing the use of this e-shop set out here and only continue to visit and use the pages of this site if they agree with them. Entry by the visitor/user will be taken to signify knowledge of the terms of use and compliance and unconditional acceptance of all the terms given in this website and in the links it gives, without reservation or exception. Acceptance of the terms of use is signified by acceptance of the special acceptance clause on the Registration Form.

Browsing and use of the LUXOCCULTASHOP.COM e-shop and its services automatically infers the visitor’s/user’s unreserved acceptance of these terms and conditions, waiving any claim that may arise thereof.

REVISION OF THE TERMS OF USE

LUXOCCULTASHOP.COM may at any time, and without prior notice, alter, revise or revoke the present terms of use and/or the services provided and/or some of the pages of this website. The visitor/user has the sole responsibility to check for any such change periodically and in any case before each use of the website. Use of the site LUXOCCULTASHOP.COM after any such change is taken to mean acceptance of the terms of use as altered and as in effect at the time of use.



LUXOCCULTASHOP.COM reserves the right at any time to add and/or remove any element, service, photograph, product and/or information included herein and to temporarily interrupt or permanently cancel part or all of the services without former notification and at its own absolute discretion.

USE BY MINORS IS PROHIBITED

LUXOCCULTASHOP.COM expressly states that use of the website by minors is not allowed and that visitors/users of its webpages must declare that they are of age. LUXOCCULTASHOP.COM is against, and will not proceed with, collection of personal data of minors, i.e., of those who are under 18 years of age. In any case, LUXOCCULTASHOP.COM accepts no responsibility for any visit to its website and possible use of the same by minors, given that it is not in a position to check the identity of its visitors/users.

USE OF WEBSITE FOR LEGITIMATE PURPOSES

This website (LUXOCCULTASHOP.COM) may only be used for legitimate purposes. Visitors/users may not hinder use by third parties and must use the present website in accordance with the law, honest practice and morality, and these Terms, as they apply at any time. They undertake not to commit any act or omission, either themselves or with the help of others, which might cause damage to the website or the Company in general, or cause it to malfunction or jeopardise the provision of services by LUXOCCULTASHOP.COM through its site.

ACCESS - AVAILABILITY OF THE WEBSITE

LUXOCCULTASHOP.COM will make every effort to maintain and ensure the availability of the present website and its contents. Apart from such efforts, however, the availability of the website depends on a number of factors such as the technical equipment of the users, the number of users trying to access the site at any one time, or to access the internet, etc. LUXOCCULTASHOP.COM retains the right moreover to carry out maintenance of the site, even if that should mean a temporary interruption in its operation.

INFORMATION / PRODUCTS / SERVICES PROVIDED

LUXOCCULTASHOP.COM is committed to ensuring the quality, completeness and validity of the information given on this website, with respect to both the company itself and the services it provides, barring any unforeseeable or unavoidable technical or typing mistake or any interruption of service for reasons of force majeure.

PROTECTION OF PERSONAL DATA

Simple browsing of the LUXOCCULTASHOP.COM e-shop does not require the visitor/user to submit any data or information which may be regarded as personal data. If the visitor/user wishes to carry out any commercial transaction/purchase of a product, then he/she must make known to the Company the minimal data necessary.


The processing of any personal data collected is carried out strictly under the provisions of Law 2472/1997, as in force at any time, on condition that the visitor/user has given his/her express consent using the special icon during registration. LUXOCCULTASHOP.COM may use the personal data of registered visitors/users of the e-shop exclusively for the following purposes:

Execution of orders and delivery of products to the address given in writing.


Issue of the legal documentation concerning the transaction executed.


Written or phone communication with customers to improve services to them.


The Company assures its customers that it does not give out to third parties in any form, whether by transaction or not, the personal data that have been made known to it (article 11 of Law 2472/1997). Such data are used by the company exclusively to serve visitors/users and to improve services provided. They are also used in statistical analyses to derive respective conclusions, without reference to details that may individually identify the subject of analysis.

Users undertake the obligation to provide full, accurate, genuine and correct details to LUXOCCULTASHOP.COM and to make the necessary alterations should they change. Users remain exclusively and in any case fully responsible with respect to LUXOCCULTASHOP.COM for any act and/or purchase or transaction carried out through their personal account using their personal code. Users recognise that they must alert LUXOCCULTASHOP.COM immediately if they have cause to believe that any unauthorised use of their account has taken place and/or that there has been any breach of the security of the site. Users must also be careful and act in accordance with the respective instructions in any use of their account and to log off safely from the same whenever they have concluded or attempted to conclude a transaction. Users recognise and accept that LUXOCCULTASHOP.COM bears no responsibility if they neglect to abide by the obligations outlined above.

If the user does not consent to the above use of his/her personal data, then he/she should not complete the respective fields.

PROPER USE AND RESPONSIBILITY OF USERS/MEMBERS - DAMAGE ARISING

The visitor/user of the present website is exclusively responsible for the legitimate use of the same and must not commit any illegal act or abuse, including the adoption of unlawful practices or those of unfair competition. The despatch or broadcasting of any illegal material by visitors/users through the LUXOCCULTASHOP.COM site is strictly forbidden. Such material includes material that infringes the rights of third parties (indicatively, intellectual or industrial property rights, confidentiality rights or those of the protection of personal data) and/or material that is false, inaccurate, threatening, abusive, offensive, vulgar, violent, defamatory or which may be deemed as inciting punishable offences. Visitors/users may in no way through the site cause damage to minors or forge or otherwise alter the characteristics of users/members with the intent to mislead with respect to the origins of the content transmitted through LUXOCCULTASHOP.COM. It is strictly forbidden to display, publish, despatch or use any other method to install any unsolicited advertisement or other content with respect to the promotion of products or services or third websites, to despatch any message unwanted and uninvited by the user, to harass third parties or to promote any other content.

Visitors/users agree that they are committed to not putting at risk the security of the present website and to not obstructing the access of any user to this website. The use of the website for illegal purposes means that civil and criminal action may be taken against the perpetrator. The visitor/user agrees and accepts that LUXOCCULTASHOP.COM bears no responsibility for material originating from third parties and hosted on the website and in no case may it be taken to imply that LUXOCCULTASHOP.COM agrees with, accepts or approves of any such content.

If any visitor/user should cause technical breakdown to the website or to the systems that transmit the website to visitors/users, he/she shall be liable for all damage arising from such malfunction and shall bear the cost of any expenses necessary for its repair or redress. The visitor/user also understands and accepts that he/she bears the exclusive responsibility to compensate LUXOCCULTASHOP.COM and its collaborators for any judicial proceeding arising with third parties due to content which he/she has made available for display, publication or other transfer through the services of LUXOCCULTASHOP.COM, as well as in the case of inaccurate submission of details during his/her registration or updating of details and in general in the case of any violation of the present terms of use.

USER ACCESS DURATION

The visitor/user understands and accepts that LUXOCCULTASHOP.COM retains the exclusive right, without previous warning, to suspend the use of access codes to its services and/or to block the availability of the site contents to visitors/users for whom it has reason to believe that they have breached the letter and spirit of the present terms of use. LUXOCCULTASHOP.COM bears no responsibility towards the visitor/user with respect to this suspension or to any claim relating or connected to this suspension.

ADVERTISEMENT

LUXOCCULTASHOP.COM bears no responsibility for any communication between the visitor/user and third party service providers advertised on LUXOCCULTASHOP.COM or for any commercial transaction that may be concluded between them.

LIMITATION OF RESPONSIBILITY

Product photographs are indicative and cannot be taken as the basis for any claim against the company. If the user of the website attributes particular weight to any external characteristic, feature or property of the product, and/or for reasons of health and safety the product must have or not have certain attributes (e.g., with respect to special allergies, skin conditions, etc.), prior to any transaction the user must request specific clarification and further information in this regard by email to info [at] LUXOCCULTASHOP.COM so as to have definitive information, beyond doubt, regarding the composition and/or properties of the specific product

LUXOCCULTASHOP.COM is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, loss of data or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website, which is accessed by the user at his own initiative and responsibility (e.g., indicatively but not limited to damage due to illegal acts by third parties, such as the breaking of codes and access to data, viruses transmitted during use of the website or download of parts of its contents, information tapping, problems associated with the use of computers (loss of data, etc.) etc.). No liability is attributable to the company furthermore in the case where there is culpability or co-culpability deriving from or related to the correct and adequate use or correct operation and transfer of information available to the Company and/or any of its auxiliaries.

The execution of the order depends on the availability of each product at the actual time of processing by the company. Consequently, no guarantee can be given regarding availability previously (e.g., at time of order). Where availability or the delivery time is other than that given on the product page, the company will send the relevant information accordingly and in good time.


LUXOCCULTASHOP.COM cannot guarantee delivery times for merchandise in cases of force majeure

LUXOCCULTASHOP.COM makes every effort to keep the website contents updated and available. Despite this, users accept that LUXOCCULTASHOP.COM retains the right to alter and/or discontinue temporarily or permanently part or the whole of its contents with and/or without notification to users, given that availability may be affected by the equipment employed by users, by other communication networks, by the number of users trying to use the LUXOCCULTASHOP.COM site at any one time or by other factors. To this effect, LUXOCCULTASHOP.COM bears no liability for any kind of damages (positive or loss of earning capacity), due to negligence, contractual liability or other) deriving from inaccessibility, discontinuation of part or whole of the contents, delay, non-delivery, interruption or low quality of service delivery or loss of content and the existence of any type of error. In any case, LUXOCCULTASHOP.COM retains the right to interrupt either permanently or temporarily the operation of the site either in part or as a whole for reasons to do with servicing the site, upgrading it or any other reason.

LUXOCCULTASHOP.COM does not guarantee that the pages of the site, the services, choices and contents will be provided with interruption, without errors, that the website will be sage, that errors will be corrected or that the server making the LUXOCCULTASHOP.COM site available does not have viruses or any other damaging elements. The cost of any corrections or assistance provided will be undertaken by the visitor/user and in no case will be borne by LUXOCCULTASHOP.COM.

GOVERNING LAW AND JURISDICTION

The present terms of use and in general the use of the luxoccultashop.com website are to be construed in accordance with Italian Law and the legislative provisions valid within that of the European Union and relevant international agreements. Any dispute or claim regarding the implementation or interpretation of these terms and conditions and in general of the LUXOCCULTASHOP.COM website shall be subject to the exclusive jurisdiction of the Courts of Pescara.

TRANSACTION SECURITY

LUXOCCULTASHOP.COM makes every effort to ensure the privacy of users’ personal data with the implementation of strict security measures, which may be changed or altered at the discretion of LUXOCCULTASHOP.COM. Users are nevertheless informed that the sending of confidential information via email is not the safest means of despatch as the information may be read by unauthorised third parties.


To ensure the security of users’ personal data, LUXOCCULTASHOP.COM uses SSL. Technology. SSL stands for Secure Socket Layer and provides the most reliable method of securing internet transactions worldwide. Through this technology, all data submitted by the LUXOCCULTASHOP.COM visitor/user is coded before going on-line and the authenticity of the message and server is investigated.


SSL are usually in scales of 40-bit and 128-bit. The larger the scale the more difficult it is to break the coded message. LUXOCCULTASHOP.COM uses SSL of 128-bit, which is a billion times more powerful that the equivalent 40-bit.


Finally, personal security is also provided by the password given by the user when registering as a member of www.LUXOCCULTASHOP.COM. LUXOCCULTASHOP.COM recommends that users change their passwords regularly for reasons of security and that they avoid using the same and easily detectable codes.

GENERAL TERMS

Any non-enactment on the part of LUXOCCULTASHOP.COM of the present terms and rights hereby set out does not infer resignation from those rights.


LUXOCCULTASHOP.COM is not liable for any breach of the present terms which is due to reasons of force majeure.


The use of this website by any user is at his/her own exclusive responsibility. The contents of this website do not constitute and cannot be taken to constitute an offer of advice, exhortation or even a direct or indirect instigation to proceed or not with any action.


The assessment and understanding of the contents of this website is subject to the judgement of each user, who undertakes the responsibility for the use of any part of the same.


Should the user not accept the totality of all the terms and provisions referred to here and in general the terms of this website, he/she is requested to refrain from using the LUXOCCULTASHOP.COM website.

MEANS OF COMMUNICATION

User-buyers who make use of the services of the website accept and agree that communication between the parties shall take place principally by electronic means, via email and/or through information provided on the website. Users agree specifically that all notifications, communications, offers, acceptances, agreements, contracts and alterations to the same shall be made by electronic means, these means and email being deemed and accepted by the user-buyers as fulfilling the role of the hard copy or printed medium where required.