This document sets forth the general terms and conditions of use of the Pet Sprint website and application that offers complementary dog food and platform with tips and articles on the subject provided by the owner of the Application.
- Definitions To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
- Owner: Astro Group S.r.l., headquartered at 276 Viale Scala Greca, 96100, Syracuse, VAT / Tax Code 02133190898, 02133190898, fully paid-in share capital €5,000.00, PEC address astrogroup@mypec.eu
- Application: the Pet Sprint website and application.
- Products:
- the material products sold by the Holder
- User: any individual who accesses and uses the Application
- User Consumer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
- Content: any textual or multimedia items on the Application, by way of example, ads, listings, reviews, images, etc.
- Terms: this contract governing the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Application.
- Scope of the Terms The use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, the User may not use the Application or its services. The Terms may be modified at any time. The applicable Terms are those in effect on the date of transmission of the purchase order or request for supply of a Product. Before using the Application, the User should read the Terms carefully and save or print them for future reference. The Owner reserves the right to vary, at its own discretion, at any time, including after the User’s registration, the Application’s graphical interface, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
- Purchasing via the Application All Products offered via the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may become apparent. In addition, any images of the Products are representative only and do not constitute a contractual element. Purchases of one or more Products through the Application are permitted to Consumer Users. To individuals, purchases are permitted only on the condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility. The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User’s order without the User being able to object or complain about anything in any capacity and/or reason. The contract of sale of the Products shall be deemed concluded with the acceptance by the Owner of the User’s contractual proposal. The Holder will accept the User’s contractual proposal by sending the order confirmation to the e-mail address provided by the User, which will contain the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the delivery time and any delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion, and the warranty. The contract of sale of the Products shall not be deemed effective between the parties in default of the foregoing. In the event that the Product is not available, the Owner will notify the User of the new terms of delivery or supply, asking whether or not it intends to confirm the order. It is understood that the contract will be deemed to be completed with respect to the Products accepted by the Holder. The User undertakes to verify the correctness of the data given in the order confirmation and to notify the Holder immediately of any errors and will keep a copy of its order, the relevant confirmation and the Terms.
- Registration To take advantage of the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy ( https://petsprint.com/privacy-policy/) and the Terms. The User is responsible for guarding his or her access credentials, which are to be used exclusively by the User and may not be transferred to third parties. The User agrees to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if they suspect or become aware of any misuse or improper disclosure of them. The User warrants that the personal information provided during the registration process is complete and truthful and agrees to hold the Owner harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the User’s violation of the rules on registration to the Application or the storage of registration credentials.
- Account Cancellation and Termination The Registered User may discontinue use of the Application at any time and deactivate his/her account or request its cancellation through the Application interface, if possible, or by sending written notice to info@petsprint.com or by calling customer service at +39 0931-175-7951. In case of violation by the User of the Terms or applicable legal provisions, the Owner reserves the right to suspend or terminate the User’s account at any time and without prior notice.
- Subscription The Application offers subscription Products. The features and terms of subscription are detailed in the Application. To subscribe, the User shall follow the procedure specified in the Application and enter the required data. Any charge of the subscription cost will begin on the specified date and with the frequency indicated at the time of subscription. The subscription will renew in the manner and at the times specified in the Application. Users can deactivate the renewal through the Application or by sending a communication to the e-mail address info@petsprint.com or by calling customer service at +39 0931-175-7951 or by changing the preferences of the payment method used.
- Prices and payments For each Product, the price including VAT, if due, is indicated. Where the nature of the Product means that it is not possible to calculate it in advance, the method of calculating the price will be indicated. In addition, all taxes, additional charges and delivery charges, if any, that may vary depending on the destination, the delivery method chosen and/or the payment method used will be indicated. Where such items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Owner reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect any contracts already concluded prior to the change. The User agrees to pay the price of the Product in the time and manner indicated in the Application and to communicate all necessary data that may be required. The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card number, holder’s name, password, etc.). Should such third-party tools deny payment authorization, the Owner cannot provide the Products and cannot be held liable in any way.
- Invoicing The User who wishes to receive an invoice will be asked for invoicing information. The information provided by the User, which he/she represents and warrants to be true, will be the basis for the issuance of the invoice, releasing to the Owner every ample indemnity in this regard.
- Method of delivery of tangible Products Tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the period of time chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the time period customarily required to deliver the Product from the time the courier takes delivery. In the event that it is not possible to deliver the requested Products, prompt notice will be given to the User by e-mail, stating when delivery is expected or the reasons why delivery is impossible. If the User does not wish to accept the new deadline or the delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for a refund. Upon receipt of the Product, the User is required to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products. The Owner shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.
- Right of withdrawal of Users from the purchase of tangible Products The User Consumer has the right to withdraw without any penalty and without specifying the reason within the term of 14 days starting from the date of receipt of the Product, by sending a written notice to the e-mail address info@petsprint.com, using the optional withdrawal form referred to in the following article or any other written statement. In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received. In the event of withdrawal, the User shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which the User communicated its decision to withdraw from the contract. The User will bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost. In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his or her decision to withdraw from the contract. The Holder is not obligated to refund delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder. The Holder, unless he has offered to pick up the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has returned the Product. The Holder will not accept a return in the event that the Product is found to be malfunctioning due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for shipping costs. The User acknowledges and accepts that the withdrawal from a subscribed subscription does not entail the return of the amounts related to the Products already received.
- Cases of exclusion of the User’s right of withdrawal The User’s right of withdrawal from the contract of sale or supply of the Products is excluded relatively:
- to the provision of Products whose price is linked to fluctuations in the financial market that the Holder cannot control and that may occur during the withdrawal period
- To the supply of Products that are liable to deteriorate or expire rapidly. This category includes all Food Products (including beverages) whose characteristics are also subject to alteration as a result of inappropriate storage
- to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
- to contracts in which the User has specifically requested a visit by the Owner or a contracted professional for the purpose of performing urgent repair or maintenance work. If, in connection with such a visit, the Owner or a contracted professional provides services in addition to those specifically requested by the User or goods other than spare parts necessary to perform maintenance or repairs, the right of withdrawal applies to such additional services or goods
- To the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery
- To the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
- To contracts concluded at a public auction.
- to the provision of housing for non-residential purposes, transportation of goods, car rental services, catering services, or services related to leisure activities if the contract provides for a specific date or period of performance
For further clarification, contact the Holder at info@petsprint.com or by calling customer service at +39 0931-175-7951.
- Optional form for exercising the right of withdrawal The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address info@petsprint.com before the expiration of the withdrawal period: I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __Order Number:
- Ordered on:
- First and last name:
- Address: E-mail associated with the account from which the order was placed: _____________
- Date: __
- Conformity Warranty of Material Products for Consumer Users Consumer Users are granted the conformity warranty, provided for in Articles 129 et seq. of the Consumer Code, for all material Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code. The Owner is liable to the User Consumer for any lack of conformity that becomes apparent within two years of delivery. During the first year, the User Consumer is not required to prove that the defect existed at the time of delivery as it is presumed to have existed on that date, unless such assumption is incompatible with the nature of the Material Product or the nature of the conformity defect. If the Consumer User intends to take advantage of the remedies provided by the conformity warranty, he must send written notice to the e-mail address info@petsprint.com or by calling customer service at +39 0931-175-7951. The Owner will promptly give feedback and indicate to the Consumer User the procedure to follow. For anything not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages shall apply.
- Content posted by Users The User may upload Content to the Application, provided that it is not unlawful (i.e., obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise detrimental to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a third party challenge, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss or expense. The User warrants that Content is submitted to the Application through his/her account by adults of age. For minors, submission of Content must be screened and authorized by parents or those exercising parental responsibility. The User is totally and exclusively responsible for the use of the Application with respect to the functions of posting, browsing, Content management and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and his/her own behavior. It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User for the purpose of appropriating his or her identity, or in any other way to make false claims
- Industrial and Intellectual Property Rights All content of the Application, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.
- Disclaimer of Warranties The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner’s control or due to force majeure events.
- Limitation of Liability The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers. The Holder shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred. The Holder assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, holder’s name, password, etc.) The Holder will not be responsible for:
- Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner
- Incorrect or unsuitable use of the Application by Users or third parties
- The issuance of erroneous documents or tax data due to errors related to the data provided by the User, the User being solely responsible for correct entry
In no case shall the Owner be held liable for more than twice the amount of the cost paid by the User.
- Force Majeure The Holder shall not be liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, to unforeseen and unforeseeable events and, in any event, beyond its control. The Holder’s performance of its obligations shall be deemed suspended for the period during which force majeure events occur. The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
- Linking to Third Party Sites The Application may contain links to third party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications. Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
- Privacy Protection and processing of personal data will take place in accordance with the Privacy Policy which can be viewed at https://petsprint.com/privacy-policy/
- Applicable law and competent court The Conditions are subject to Italian law. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code. It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 23/07/2024