Terms and conditions
General conditions of sale of the site ilostmymind.net.
1. STIPULATION, CONCLUSION AND EFFECTIVENESS OF THE TERMS
The contract for the purchase of the Products ends with the completion and correct submission of the order form. This form shows the details of the customer and of the order, the price of the Product purchased, any additional ancillary charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When ilostmymind receives the order from the User, it sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data in the previous point are recalled.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
ilostmymind may modify or simply update, in whole or in part, these Terms. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to read the Conditions at each access to ilostmymind.net and it is advisable to print a copy for future reference.
It is understood that in no case ilostmymind can be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason, of the Users' access credentials.
3. CANCELLATION AND TERMINATION OF ACCOUNT
Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation via the ilostmymind.net interface, if possible, or by sending a written communication to Customer Service .
ilostmymind, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without notice.
4. PURCHASES ON ILOTMYMIND.NET
The purchase of one or more Products through ilostmymind.net is allowed both to Users who have the quality of Consumers, and to Users who do not possess this quality.
Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 ("Consumer Code") we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.
Natural persons can only buy on condition that they have reached the age of eighteen (18).
ilostmymind undertakes to describe and present the Products sold on ilostmymind.net in the best possible way. However, there may be some errors, inaccuracies or small differences between ilostmymind.net and the actual Product. Furthermore, any photographs of the Products on ilostmymind.net do not constitute a contractual element, as they are only representative.
The User expressly gives ilostmymind the right to accept even only partially the order placed (for example in the event that all the Products ordered are not available). In this case the contract will be considered concluded in relation to the Products actually sold.
ilostmymind reserves the right to refuse and cancel an order:
– When the Product is not available;
– When the authorization to charge the cost of the Product to the User is denied;
– When a clearly incorrect and recognizable price is indicated at the time of purchase. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
5. PRICES AND PAYMENTS
ilostmymind reserves the right to change the price of the Products and any shipping costs at any time. It is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products are inclusive of VAT, if due; any other taxes and / or shipping costs charged to the User will be indicated before the confirmation of the purchase.
The User undertakes to pay the price of the Product purchased in the times and ways indicated on ilostmymind.net.
Any refund to the User will be promptly credited after careful verification and inspection of the returned product, using one of the methods proposed by ilostmymind and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 14 days from the date in which ilostmymind has become aware of the withdrawal itself and unless there are delays in returning the product.
ilostmymind.net uses third-party tools (Stripe Payment) to process payments and does not in any way come into contact with the payment data provided (credit card number, name of the holders, password, etc.).
If these third-party tools deny payment authorization, ilostmymind will not be able to supply the Products and will not be responsible for any delays or non-delivery.
The User who wishes to receive an invoice will be asked for billing information at the time of purchase and will subsequently have to request it personally by writing an email to our Customer Service . For the issuance of the invoice, the information provided by the User will prevail, who declares and guarantees to be truthful, issuing ilostmymind any broader compensation in this regard.
7. METHOD OF DELIVERY OF MATERIAL PRODUCTS
Material Product means any movable or digital asset provided on a tangible medium offered through ilostmymind.net.
The material Products ordered will be delivered to the User, at the address indicated by him, according to the methods chosen by the User or indicated on ilostmymind.net at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the package and the product delivered with the order placed; only after this verification will the delivery documents be signed, without prejudice to the right of withdrawal.
If an order exceeds the quantity existing in the warehouse, ilostmymind will inform the User via e-mail if the Product is no longer bookable or what are the waiting times to obtain it, asking whether or not he intends to confirm the order.
ilostmymind assumes no responsibility for the delay or non-delivery of the Product due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which have prevented, in whole or in part, the execution within the agreed time.
ilostmymind will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons indicated above, the User having the right only to a refund of any price paid.
8. RIGHT OF WITHDRAWAL OF MATERIAL PRODUCTS
The User who plays the role of Consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from the date of delivery of the product. .
To withdraw from the contract, the User must contact ilostmymind at Customer Service . The User will be informed of the procedures for returning the Product. The date of delivery to the post office or to the shipper will be valid between the parties.
In the event of withdrawal, ilostmymind will refund the payments received from the User without undue delay and, in any case, no later than 14 days from the day on which the User communicated to ilostmymind that he/she wishes to withdraw from the contract, unless there are delays . in the return.
ilostmymind will reimburse the User with the same payment methods used by the User for the online purchase.
In the event of a return that complies with all requests, ilostmymind will then proceed with the refund, withholding only the return shipping costs which will be charged to the customer.
The cost of the return shipment is €10.
The User is responsible for the integrity of the Product as long as the same good is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, separate items and other components. The Product must not have been subjected to manipulations other than those necessary to establish the nature, characteristics and functioning of the Product.
ilostmymind will not consider return requests in the event that the returned Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear.
We cannot therefore consider a return request or dispute after the product has been worn, washed, tried on and used improperly. Before trying each product, we invite you to check that there are no holes or alterations in the product, in case of problems the product must not be tried or used but the customer must simply contact us indicating everything as soon as possible.
9. OPTIONAL FORM FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The return / refund request must be made via email and must contain the name, surname, email with which the order was placed, the order number, the return method and, if possible, but not mandatory, the reason ( which will help us understand and improve the services provided).
After submitting the aforementioned request to Customer Service with all the requested data, if the request is compliant, the customer will receive a return authorization email and the instructions to follow to do so.
Furthermore, customers are requested to faithfully follow the instructions provided to them for the correct management of returns and refunds.
10. WARRANTY OF CONFORMITY
All Products that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through ilostmymind.net are covered by the legal guarantee of conformity provided for by art. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It therefore applies only to Users who have made the purchase through ilostmymind.net for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Those who have purchased on ilostmymind.net and who do not hold the status of Consumers will be subject to the guarantees for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 and following of the civil code).
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity which occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User must provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore the conformity of the Product, free of charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the remedy requested is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: 1) repair and replacement are impossible or excessively expensive; 2) ilostmymind has not repaired or replaced it within a reasonable time; the replacement or repair caused considerable inconvenience to the consumer.
If the User intends to make use of the remedies provided by the legal guarantee accompanying the Products, he must contact ilostmymind Customer Service. ilostmymind will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
11. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
ilostmymind declares that it is the owner and / or licensee of all intellectual property rights relating to and / or relating to ilostmymind.net and / or the materials and content available on ilostmymind.net.
These Terms do not grant the User any license to use ilostmymind.net and/or the individual Contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on ilostmymind.net are and remain the property of ilostmymind or its licensors and are protected by current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of ilostmymind.net, if not authorized, will be considered violations of the intellectual and industrial property rights of ilostmymind.
12. DISCLAIMER OF WARRANTIES
ilostmymind.net is provided “as is” and “as available” and ilostmymind makes no express or implied warranties with respect to ilostmymind.net, nor does it provide any warranty that ilostmymind.net will meet Users' needs or that it will never be interrupted or free from errors or viruses or bugs.
ilostmymind will endeavor to ensure that ilostmymind.net is uninterruptedly available 24 hours a day, but will in no way be held liable if, for any reason, ilostmymind.net is not accessible and/or operational at any time or for any period. Access to ilostmymind.net may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the will of ilostmymind or due to force majeure events.
13. LIMITATION OF LIABILITY
ilostmymind cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
Furthermore, ilostmymind will not be liable for damages, losses and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, since the User is only entitled to any full refund of the price. paid and any additional costs. incurred.
ilostmymind assumes no responsibility for any fraudulent or illicit use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased services, if it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The User undertakes to indemnify and hold harmless ilostmymind (as well as its subsidiaries or affiliates, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including of a legal nature costs incurred to defend oneself in court, which may arise in the event of damages caused to other Users or third parties, in relation to the Contents uploaded or to the violation of the terms of the law or of the terms of these Conditions.
Therefore, ilostmymind will not be liable for:
– Any losses that are not a direct consequence of the breach of contract by ilostmymind;
– Any loss of business opportunity and any other loss, even indirect, that may be suffered by the User (such as, but not limited to, business losses, loss of revenues, revenues, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or good will, etc.);
– Incorrect or unsuitable use of ilostmymind.net by Users or third parties;
– The issue of incorrect tax documents due to errors in the data provided by the User, the latter solely responsible for the correct entry.
In no case ilostmymind can be held responsible for a sum exceeding double the cost paid by the User.
14. FORCE MAJEURE
ilostmymind cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of ilostmymind due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of will such as, by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, to the internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the supply of products, services or third-party applications.
The fulfillment of the obligations by ilostmymind will be considered suspended for the period in which force majeure events occur.
ilostmymind will perform every act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
15. LINKS TO THIRD PARTY SITES
ilostmymind.net may contain links to third party sites. ilostmymind has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may lead to third party sites that provide services through ilostmymind.net. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which ilostmymind assumes no responsibility.
No waiver by either party of any section of these Terms will be effective unless expressly declared as a waiver and given in writing.
17. NULLITY OF INDIVIDUAL CLAUSES
If any provision of these Terms is held to be illegal or invalid, it will not be deemed to form part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
19. APPLICABLE LAW AND JURISDICTION
These Conditions and all disputes regarding the execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the Court of the place where ilostmymind is based.
If the User is a consumer pursuant to article 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right to User-consumer to appeal to a judge other than that of the "Consumer Forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in art. 18, 19 and 20 of the civil procedure code.
20. ONLINE CONSUMER DISPUTE RESOLUTION
Consumers residing in Europe should be aware that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the Consumer to settle out of court any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with ilostmymind. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
21. PRICES AND CURRENCY
Published prices and final invoices will be in Euros (EUR) for all countries of the world, with the exception of Great Britain and the United States of America. For these countries, pounds sterling (GBP) and dollars (USD) will be used respectively.
Credit cards will be charged in Euros, therefore, due to fluctuating exchange rates, the final price will be calculated and charged to your credit card with the exchange rate in effect on the day of the transaction.