Terms and Conditions

Terms and conditions of service

The sale and services associated with the sale of Phitofilos brand products, purchased and supplied on the phitofilos.it website, are managed by Phitofilos Store Srl

Phitofilos Store Terms and Conditions

These Terms govern:

• Phitofilos Store 's sales service through the phitofilos.it website
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The person responsible for Phitofilos Store is:

Phitofilos Store srl
Via delle Antille 29/A
00071 Pomezia (RM)
VAT number 17094241001

Owner's email address: phitofilosstore@gmail.it

“Phitofilos Store” refers to

• this site, including its subdomains and any other site through which the Owner offers the Service;

What you need to know at a glance

• the right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the Phitofilos Store terms of use set out in this section are generally applicable.

Additional conditions of use or access that may apply in specific situations are expressly indicated in this document.

By using Phitofilos Store the User declares to satisfy the following requirements:

• There are no restrictions regarding Users as to whether they are Consumers or Professional Users.

Registration

To use the Service, the User can open an account by indicating all the required data and information in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, if you do so, certain features may not be available.

Users are responsible for keeping their login credentials safe and confidential. To this end, Users must choose a password that meets the highest security standards available on Phitofilos Store .

By creating an account, you agree to be fully responsible for all activities that occur under your login credentials.
Users are required to inform the Data Controller immediately and unambiguously using the contact details indicated in this document if they believe that their personal information, such as their User account, login credentials, or personal data, has been violated, unlawfully disclosed, or stolen.

Registration requirements

Registration of a User account on the Phitofilos Store is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.

• Opening accounts via bots or other automated means is not permitted.

• Unless otherwise specified, each User may create only one account.

• Except where expressly permitted, a User's account may not be shared with other people.

Account closure

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

• By contacting the Data Controller at the contact details 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 sole discretion and without notice, if it deems it inappropriate, offensive, or contrary to these Terms.

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 attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Phitofilos Store

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

The Owner takes the utmost care to ensure that the content available on the Phitofilos Store does not violate applicable laws or third-party rights. However, this is not always possible.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to forward their complaints using the contact details specified in this document.

Rights to the contents of Phitofilos Store

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, licensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on Phitofilos Store , nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on Phitofilos Store , the User is authorized to download, copy and/or share certain content available on Phitofilos Store exclusively for personal and non-commercial purposes and provided that the authorship attribution 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 unchanged.

Content provided by Users

The Owner allows Users to upload, share or offer their own content on Phitofilos Store .

By providing content to Phitofilos Store, the User declares that he or she is legally authorized to do so and confirms that such content does not violate any law or third-party rights.

The User acknowledges and agrees that by providing their own content to Phitofilos Store , they irrevocably grant the Owner a non-exclusive, worldwide, perpetual (i.e., for the duration of the legal protection) right to use, access, archive, reproduce, modify, distribute, publish, create derivative works from, transmit (including streaming), or otherwise exploit the content to provide and promote the Service in any form or media. This right may be transferred or licensed to third parties.

To the extent permitted by law, you waive any moral rights you may have in connection with content you provide to Phitofilos Store .

Users acknowledge and accept that the content they offer through Phitofilos Store will be made available under the same conditions applicable to the content of Phitofilos Store .

Responsibility for content provided

The User is solely responsible for the content uploaded, published, shared, or otherwise provided to Phitofilos Store . The User acknowledges and accepts that the Owner does not filter or moderate such content .

However, the Owner reserves the right to remove, delete, block or rectify such content at its sole discretion and to deny access to the Phitofilos Store to the User who uploaded it without notice:

• if you have received a complaint in relation to such content;
• if you have received a notification of intellectual property infringement;
• by order of the Authority;
• if the Owner has been informed that such contents, if accessible via Phitofilos Store , may represent a risk for Users, for third parties or for the availability of the Service.

The removal, deletion, blocking or rectification of content does not justify any claim for compensation, reimbursement or compensation from the Users who provided such content.

Users agree to hold the Owner harmless from and against any claims made and/or damages suffered as a result of content provided or offered by them through Phitofilos Store .

Access to external resources

Through the Phitofilos Store, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The terms applicable to resources provided by third parties, including those applicable to any grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence of those, applicable law.

Permitted use

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

It is the User's sole responsibility to ensure that the use of Phitofilos Store and/or the Service does not violate any law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to Phitofilos Store or the Service, terminate contracts, report any reprehensible activity carried out through Phitofilos Store or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User engages in or is suspected of engaging in:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• actions that may significantly harm the legitimate interests of the Data Controller;
• offenses to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on Phitofilos Store , as part of the service, are provided for a fee.

The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of the Phitofilos Store .

Product Description

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

Although the Products on the Phitofilos Store are presented with the greatest technical accuracy possible, the representation via photos, images, colors, sounds or any other means is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

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

Purchase procedure

Every step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:

• Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantity and specific characteristics.

• Users can review their selection, modify, add or remove items and, where applicable, provide specific instructions (for example, “send it with a courtesy receipt”).

• To access the checkout area, Users must click the relevant button.

• Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address, and payment address of their choice.

• Within the checkout area, Users can log in to their account, if they have one. Users will be asked, in subsequent steps, to confirm their registered billing and shipping address and to specify a shipping and payment method of their choice. Users who do not have an account can open one during the purchase process. Accounts are created through Shopify and allow Users to access the status of their current order and purchase history. For information on the processing of personal data and their related rights, Users can consult the privacy policies of Shopify and Phitofilos Store. [MP1]  .

• During the purchase process, Users may, at any time, modify, correct, or replace the information provided and add a gift card, an affiliate code, or a discount code (Voucher), or abandon the purchase process altogether without any consequences.

• After providing all the required information, Users are asked to carefully check the order and, subsequently, confirm and submit it using the relevant button or mechanism on the Phitofilos Store , thereby accepting the Terms and committing to pay the agreed price.

Sending the order

Placing an order entails the following:

• The submission of the order by the user determines the conclusion of the contract and creates the obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires active participation by the User, such as the provision of personal information or data, specifications or special requests, placing the order also constitutes an obligation on the User to cooperate 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 email address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on Phitofilos Store are shown:

• inclusive of all applicable fees, taxes and costs;

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of the Phitofilos Store .

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 that Users may assert in the future.

Depending on the case, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, if a promotion or discount is limited in time, the time limits refer to the time zone of the Owner's headquarters, as indicated in the contact information in this document.

Good

Promotions and discounts may be offered in the form of Vouchers.

In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate action, including judicial proceedings, to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used in the manner and within the time period 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, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases made in installments;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. After the expiration date, the Voucher will automatically be cancelled. Any right to claim, including a refund of the value of the Voucher, is excluded.
• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended for non-commercial use only. Reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.

Payment methods

Details regarding the accepted payment methods are highlighted during the purchase process.

Some payment methods are subject to additional conditions or incur additional costs. Detailed information is available in the relevant section of the Phitofilos Store .

All payments are handled independently by third-party services. Therefore, Phitofilos Store does not collect payment data—such as credit card numbers—but receives a notification once the payment has been successfully completed.

If payment made using one of the available methods fails or is rejected by the payment service provider, the Owner is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are the User's responsibility.

Retention of title

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

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described on the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the following countries or territories: Italy.

Delivery times are indicated on the Phitofilos Store or during the purchase process.

Failure to deliver

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.

If the goods are not delivered or collected at the time or within the agreed upon deadline, 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, each delivery attempt starting from the second will be at the User's expense.

User Rights

Right of withdrawal

Unless otherwise provided, the User may withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who benefits from the right of withdrawal

Where one of the exceptions listed below does not apply, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the time period applicable to the specific case 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.

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

When does the withdrawal period expire?

• In the 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 the User and other than the courier – takes possession of the goods.
• In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

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

However, the additional cost resulting 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 will be made without undue delay and in any case within 14 days from the day the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same payment method used for the initial transaction. The User will not incur any fees as a result of the withdrawal.

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 the latter 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 goods are handed over to the courier or other authorized person before the 14-day period described above expires. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for any decrease in value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.

Return shipping costs are the responsibility of the User .

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

• for the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;

Legal guarantee of conformity of the Product

Under European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality, or characteristics for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on the Phitofilos Store in accordance with the laws of the country in which they habitually reside.

National laws of that country may grant such Users broader rights.

Limitation of Liability and Indemnity

European Users

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees harmless from any claim or demand – including, without limitation, legal fees and costs – made by third parties due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, co-branders, partners and employees, to the extent permitted by law.

Limitation of liability for User activities on Phitofilos Store

Unless otherwise specified and without prejudice to applicable legal provisions regarding product liability, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by intent or gross negligence, provided that the User's use of Phitofilos Store has been appropriate and correct.

Unless the damages were caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of damages 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 loss of profits or other losses, even indirect, that the User may have suffered (such as, by way of example only, trading losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);

• damages or losses resulting from interruptions or malfunctions of Phitofilos Store due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example only, 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 products, services or third-party applications;

• any losses that are not a direct consequence of a breach of the Terms by the Owner;

Common provisions

No waiver implied

The Owner's failure to exercise any legal right or claim arising from these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Data Controller reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can withdraw their Personal Data and information in accordance with the law.

Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Reselling the Service

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

Privacy policy

Information on the processing of Personal Data is contained in the Phitofilos Store privacy policy. [MP2] .

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to Phitofilos Store are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

All trademarks – whether denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image, or logo appearing in connection with Phitofilos Store are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such case, the Owner will promptly notify Users of the changes.

The changes will only affect the relationship with the User for the future.

Continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.

The previous applicable version continues to govern the relationship until the User accepts it. This version can be requested from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, or subcontract any or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding modifications to these Terms apply.

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

Contacts

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

Safeguard clause

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

European users

If any provision of these Terms is or becomes void, invalid or unenforceable, the parties shall do their best to find, by mutual agreement, a valid and enforceable provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Terms shall not entail the nullity of the entire Agreement, unless the null, invalid or unenforceable provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable hardship on one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws principles.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court 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 who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

Without prejudice to the Users' right to take legal action, in the event of disputes relating to the use of Phitofilos Store or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address his/her complaint to the Owner's email 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 receiving it.

Consumer Dispute Resolution Platform

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

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

Definitions and legal references

Phitofilos Store (or this Application)

The structure that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User

Any User who does not meet the definition of a Consumer.

Good

Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

European (or Europe)

It defines a User physically present or with registered office in the European Union, regardless of nationality.

Standard withdrawal form

Addressed to:

Phitofilos Store Srl Via delle Antille 29/A - 00071 Pomezia (RM) - ITALY VAT number 17094241001 phitofilosstore@gmail.com

I hereby notify you that I withdraw from my contract for the sale of the following goods/services:

_____________________________________________ (insert here a description of the goods/services you wish to withdraw from)

• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Consumer Name:_____________________________________________
• Consumer address:_____________________________________________
• Date: _____________________________________________

(sign only if this form is notified in paper version)

Owner (or We)

Indicates the natural or legal person who provides Phitofilos Store and/or offers the Service to Users.

Product

A good or service that can be purchased through Phitofilos Store, such as a physical 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 Phitofilos Store as described in the Terms and on Phitofilos Store.

Terms

All conditions applicable to the use of Phitofilos Store and/or the provision of the Service as described in this document and in any other document or agreement related to it, in the most updated version respectively.

User (or You)

Indicates any natural person who uses Phitofilos Store.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes outside of his or her entrepreneurial, commercial, craft or professional activity.