TERMS AND CONDITIONS OF USE OF THE WEBSITE WWW.SMOKAT.COM
SmokatS.r.L. is active in the design, production and marketing of accessories for smokers.
Access to and navigation of the site, by individual users, are free of charge and constitute acceptance of the following Terms and Conditions (hereinafter, “Conditions”).
If you do not accept the Terms, you are requested to leave the Site and cease all future use.
1. SITE CONTENT AND ACCESS
The smokat.com/es website (hereinafter the “Site”) is intended for products whose sale is permitted exclusively to adults. Access to the Site contains a series of sections relating to: information about Smokat, Smokat points of sale, informative videos, the catalogue of SmokatM devices and relative accessories on sale, product reviews, booking an appointment to receive information about the various devices, to get technical assistance, to receive information updates via newsletters. Access to the above sections is free on condition that users have reached the age of majority (18 years of age). It is necessary to be of age to access the personal section of the Site itself, the chat with our Customer Service, Blogs and Forums, as well as to place a purchase order. You must be of legal age to request: the receipt of informative newsletters and/or the
to book an appointment for information about our devices, either at an authorised centre or in person with a Smokat expert. Registration to the Site is done by creating an account (userID – which coincides with the email address – and password) associated with the user’s identification data, after
The registered user is obliged to control access to his computer and devices and agrees to be held responsible for all activities carried out with his Smokat account, as well as for any damage caused to Our Company, to the Site and/or to third parties, as a result of
failure to comply with the Terms.
You must not access or use the Site in a way that causes or is likely to cause damage, disruption or malfunction to the Site, or for fraudulent or unlawful purposes, or to inconvenience or harm other users.
We reserve the right to deny you access to the Site or to suspend or terminate your account if you violate applicable law, these Terms or applicable guidelines.
2.1. FORUM AND BLOG
The Community has two main areas: the Forum and the Blog.
The Forum is the place where Smokat users can publish their comments (hereinafter referred to as “Posts”), read and comment on the Posts of other users, express their appreciation of the Posts by liking them and ask questions.
The Blog is the place where the Smokat team will publish information, updates, videos, proposals and events related to Smokat products. Smokat users can post comments, reply to comments posted by other users, like Smokat Blog Posts or videos and ask questions. We reserve the right to block comments on certain articles that are defamatory, offensive, vulgar, racist, sexist and discriminatory, pornographic, incite violence and hatred, refer to children under 18 or pregnant women, include threats, personal attacks, spam, phishing, promotional or commercial material, fraudulent or confidential information, or infringe the rights of third parties.
2.2. COMMENTS, QUESTIONS, MATERIALS PUBLISHED BY USERS
Smokat users can publish information, comments, questions and other material, make proposals, ideas, suggestions, as long as the content is not unlawful, i.e. obscene, abusive, intimidating, defamatory, discriminatory, promotional/advertising, in violation of privacy laws, intellectual property rights or other rights protected by law, and does not contain viruses, political propaganda, incitement to commit crimes, mass e-mail or any other form of spamming.
If a Smokat user believes that a comment, question, or material posted by the Smokat team or another Smokat user is obscene, abusive, intimidating, defamatory, or infringes their rights, please report it using the appropriate flag next to the posted message/material and we will promptly take corrective action, including denying access to the Site to the user responsible and deleting any information, data or content posted in the Community by the latter, without implying any admission of liability and without prejudice to any of Our rights, remedies or defences that We expressly reserve to exercise.
We reserve the right to remove or edit Smokat users’ content posted in violation of the provisions of these Terms and Conditions, although We are under no obligation to act in the absence of a report from Smokat users, which can be done by adding the appropriate flag next to the post deemed improper or by writing to firstname.lastname@example.org/es. Unless otherwise stated by Us, when a Smokat user publishes material on the Community You grant:
(a) to Us the non-exclusive, royalty-free, transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display in any
any part of the world through any media.
(b) to Us, and its assignees, the right to use the name used by You in connection with such materials. Your moral rights as a copyright owner are not affected.
You also agree that the above rights granted to Us are irrevocable for the full term of Your intellectual property rights associated with such content and materials. By posting on the Community he/she agrees that he/she will take all further steps necessary to enforce any of the above rights he/she has granted to Smokat S.r.L., including the signing of deeds and documents at Our request.
By posting on the Community, the Smokat user declares and warrants:
(a) that he/she has, personally or otherwise, ownership or in any case the availability of all rights to the content of what he/she posts;
(b) the content and material is accurate and relevant;
(c) that the use of the content and material provided does not contravene any of Our regulations and guidelines and that such use does not cause prejudice to third parties. Without prejudice to cases in which any liability is attributable to the failure to remove unlawful content following a flag report by a user, the Smokat user agrees to indemnify SmokatS.r.L. against all claims and actions in general, including legal, judicial or extrajudicial actions taken by third parties against Smokat S.r.L., as well as against all direct and indirect damage and any other prejudicial consequences arising from or in any way connected with the content and material published by her/him. The above is understood to refer, by way of example, to any action relating to the violation of copyright, trademarks, patents, protection of intellectual and industrial property, unfair competition and defamation.
3. ONLINE SALE OF SMOKAT PRODUCTS
The online sale of Smokat devices and related accessories is carried out exclusively by Smokat S.r.l., an Italian company with registered office in Via Martiri dei Lager 65, 06128 Perugia (PG), VAT number and registration number with the Register of Companies of Perugia 03562540546 (hereinafter also referred to as “Smokat”), through the Site, in accordance with the General Terms and Conditions of Sale.
4. USE OF MATERIAL PUBLISHED ON THE SITE
The Site and the material published on the Site are our property or the property of the parties from whom we have received a licence to use them; they are protected by copyright, trademark rights and the provisions of applicable Italian, European Community and international law.
Unless otherwise indicated, you are authorised to browse the Site and print or download copies of material from the Site to obtain information about Our products or specific programmes and initiatives and in any case solely for personal and non-commercial use, provided that you do not remove any copyright or other notices on the printed or downloaded material.
In particular, you may not reproduce, distribute, modify, create derivative works from, publicly display or publicly perform, republish, download, store or transmit any of the material on the Site except as follows:
(a) copies of such materials may be temporarily stored on your computer memory as you access and view such materials;
(b) you may store files, automatically saved, in the cache of your web browser for display optimization purposes;
(c) you may print or download one copy of a reasonable number of pages of the Site for your personal, non-commercial use or for further reproduction, publication or distribution;
(d) where we provide desktop, mobile or other applications for download, you may download a single copy onto your computer or portable device for your personal, non-commercial use only, provided that you accept the terms and conditions of the relevant licence agreement.
You further agree not to modify, sell, transmit, or distribute any materials from this Site in any way or by any means, nor upload the materials or otherwise make them available online.
5. OUR RESPONSIBILITY
We will use Our best endeavours to ensure that access to the Site is provided in a continuous, secure and error-free manner. However, we cannot exclude the possibility that access may be interrupted, suspended, affected by errors or viruses for reasons beyond Our control. The user who uses the Site does so in full awareness of this possibility and, except in cases of fraud or gross negligence, is and remains solely liable
(a) for any direct or indirect damage resulting from viruses that may affect your computer equipment or other property as a result of accessing the Site or consulting materials, data, text, images, video or audio from the Site;
(b) for direct and indirect losses, including loss of profits, revenue, contracts, data, resulting from the suspension, interruption, incorrect transmission of data from the Site, which are not the result of a breach of these Terms and which were not reasonably foreseeable at the time you started using the Site.
Access to the Website may also be interrupted, suspended or restricted to allow for repairs, maintenance or the introduction of new sections and/or features. We will endeavour to limit the frequency and duration of such work, provided that We shall not be liable for any losses referred to in paragraph (b) above except in cases of wilful misconduct or gross negligence. We reserve the right to make changes, corrections and improvements to the text and other content of the Site at any time without prior notice in order to provide you with the most accurate, up-to-date and complete information.
6. LINKS TO THIRD PARTY SITES
7. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
This Site contains logos, trademarks and service marks and intellectual property rights owned by SMOKAT S.r.l. or its affiliates and/or subsidiaries, or licensed to them. The Site may also contain logos, trademarks and service marks and intellectual property rights owned by third parties. All the rights mentioned are the property of their respective owners and the user agrees not to use them in any way without the written permission of the respective owner.
8. TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
SMOKAT S.r.l. respects the trademarks and intellectual property rights of others. If you believe that your trade marks or intellectual property rights have been used in a way that may lead to infringement, please indicate this by adding the appropriate flag next to the inappropriate post.
9. CHANGES TO THESE CONDITIONS
We reserve the right to change these Terms, including to offer you additional services or to comply with new laws or regulations. You will be subject to the Terms from time to time in force at the time of access to the Site and you are advised to consult them periodically. If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall not affect the validity, enforceability and application of the remaining provisions.
10. RIGHT OF WITHDRAWAL
Right of withdrawal
Sales of products via the Internet are governed by articles 45 to 67 of Legislative Decree 206/2005 (Consumer Code). This legislation provides consumers with the right to withdraw from contracts or contractual proposals, guaranteeing them the right to return the product purchased and to obtain reimbursement of the expenses incurred.
The Customer is liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products, i.e:
in the absence of the original packaging
in the absence of integral elements of the product (accessories, instruction manuals, etc.);
The right of withdrawal is reserved exclusively for consumers (natural persons who purchase goods not for purposes related to their professional, commercial or business activity), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to their professional activity.
The costs of returning the product shall be borne by the Customer.
Modalities and times for exercising the right of withdrawal
The Customer has a period of 14 (fourteen) days to withdraw.
The withdrawal period ends 14 (fourteen) days after receipt of the goods or, in the case of services, after the conclusion of the contract. Within this period, the Customer must notify Smokat Srl of their wish to withdraw from the contract in one of the following ways:
by sending a registered letter with acknowledgement of receipt or a telegram or a fax or any other explicit communication of the decision to withdraw, to the following address/number:
Smokat S.r.l., via Po 6, 06016 – San Giustino ( PG );
Sending an email to the following address: email@example.com/es indicating order number and name.
Within 3 (three) working days from receipt of the notice of withdrawal, Smokat will send the Customer, to the email address indicated in the order or withdrawal request, the Return Authorization Number (RAN) which will identify the case.
Within 14 (fourteen) days from receipt of the Return Authorization Number (RMA), the Customer will, at his own expense, ship the product carefully packed, indicating on the package the Return Authorization Number (RMA) assigned by Smokat, to the following address:
Smokat S.r.l., via Po 6, 06016 – San Giustino ( PG )
The deadline is considered met if the Customer ships the product before the expiry of the period of 14 (fourteen) days.
Modalities and times of reimbursement to the Customer of the cost of the product and of the shipping costs.
If you decide to make the withdrawal through email/mail/fax, with return of the product by shipment of the same (as indicated above) the refund procedure is as follows:
in accordance with article 56 of Legislative Decree 206/05 Smokat will refund all payments within 14 (fourteen) days from the date on which it became aware that the Customer had exercised his or her right of withdrawal, including delivery costs (with the exception of additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered by Smokat); the only costs to be borne by the customer will be those of shipping to our warehouse.
Smokat may withhold the refund until it has received the product intact or until the Customer has demonstrated that he/she has returned the goods, whichever is sooner.
For purchases made using one of the following payment methods
cash on delivery
Smokat will proceed with the refund by bank transfer.
For purchases made by credit card, the refund will be made by transferring the transaction directly to the credit card.
For purchases made by PayPal payment, the refund will be made by crediting the Customer’s account.
11. APPLICABLE LAW AND JURISDICTION
These Conditions are governed by and shall be interpreted in accordance with Italian law. The user who accesses the Websites accepts the non-exclusive territorial jurisdiction of the Court of Perugia for any possible disputes.
For further information you can contact us:
(a) by writing to Smokat S.r.l., via Po 6, 06016 – San Giustino ( PG );
(b) by writing to Customer Service at the following address: firstname.lastname@example.org/en