Terms and Conditions of oursbag.it

These Terms govern:

• the use of this Application; and
• any other Agreement or legal relationship with the Owner

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

The User is requested to read this document carefully.

The entity responsible for this Application is:

ESTRO s.r.l.s, Via Paglia 100 - Piancastagnaio, Siena

Owner's email address: bergeritaly.shop@gmail.com

What you should know at a glance

• The right of withdrawal applies only to European Consumers.
• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to Users who do not act as Consumers. Such limitations are always explicitly mentioned within each affected clause. If no such mention is made, the clauses apply to all Users.

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TERMS OF USE

Unless otherwise specified, the terms of use of this Application set out in this section apply generally.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Application, the User declares that they meet the following requirements:

• There are no restrictions on Users in terms of whether they are Consumers or Business Users.

Account registration

To use the Service, Users may open an account by providing all required data and information in a complete and truthful manner.

The Service may also be used without registering or creating an account. However, certain features may not be available in this case.

Users are responsible for keeping their login credentials secure and confidential. For this reason, Users must choose a password that meets the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for all activities carried out using their login credentials.

Users must immediately and unequivocally inform the Owner using the contact details provided in this document if they believe that their personal information, such as their User account, login credentials, or personal data, has been breached, unlawfully disclosed, or stolen.

Account termination

Users are free to close their account and stop using the Service at any time by following this procedure:

• Contacting the Owner using the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User's account at any time, at its sole discretion and without notice, if it considers the account inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of an account does not entitle the User to any compensation, refund, or indemnification.

The suspension or deletion of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

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

The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to submit related complaints using the contact details provided in this document.

Rights regarding content on this Application

The Owner holds and expressly reserves all intellectual property rights relating to the aforementioned content.

Users are not authorized to use the content in any way that is not necessary or implicit in the proper 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, sublicensing, transforming, transferring or assigning to third parties, or creating derivative works from the content available on this Application, or allowing third parties to carry out such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes, provided that proper attribution is given and any other relevant circumstances required by the Owner are indicated.

Any limitations and exclusions provided for by copyright law remain unaffected.

Content provided by Users

The Owner allows Users to upload, share, or provide their own content on this Application.

By providing content to this Application, the User declares that they are legally authorized to do so and confirms that such content does not violate any laws and/or third-party rights.

Rights regarding content provided by Users

The User acknowledges and agrees that by providing their own content to this Application, they grant the Owner, free of charge, the non-exclusive right to process such content for the operation and maintenance of this Application, as contractually provided.

To the extent permitted by law, the User waives the exercise of moral rights in relation to content provided to this Application.

Users acknowledge and agree that content they provide through this Application will be made available under the same conditions applicable to content on this Application.

Liability for content provided

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

Nevertheless, the Owner reserves the right, at its sole discretion, to remove, delete, block, or correct such content and to deny, without prior notice, access to this Application to the User who uploaded it:

• if a complaint has been received regarding such content;
• if a notice of intellectual property rights infringement has been received;
• if ordered by an Authority; or
• if the Owner is made aware that such content, if accessible through this Application, may pose a risk to Users, third parties, or the availability of the Service.

The removal, deletion, blocking, or correction of content does not justify any claim for compensation, refund, or indemnification by Users who provided such content.

Users agree to indemnify and hold the Owner harmless from and against any claims made and/or damages suffered as a result of content they provide to or offer through this Application.

Access to external resources

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

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

Acceptable use

This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.

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

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying the User access to this Application or the Service, terminating contracts, and reporting any objectionable activity carried out through this Application or the Service to the competent authorities — such as judicial or administrative authorities — whenever the User engages in, or is suspected of engaging in:

• violations of laws, regulations and/or these Terms;
• infringements of third-party rights;
• acts that may significantly prejudice the Owner's legitimate interests;
• offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on this Application as part of the Service are subject to payment.

The fees, duration, and conditions applicable to the sale of such Products are described below and in the relevant sections of this Application.

Product description

Prices, descriptions, and availability of Products are specified in the relevant sections of this Application and are subject to change without notice.

Although Products on this Application are presented with the greatest degree of accuracy technically possible, representations on this Application through any means (including, where applicable, graphics, images, colors, and sounds) are for reference purposes only and do not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchasing process.

Purchasing process

Each step, from choosing the Product to submitting the order, forms part of the purchasing process.

The purchasing process includes the following steps:

• Users are requested to choose the desired Product and verify their purchase selection.
• After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

Submitting an order entails the following:

• The User's submission of the order concludes the contract and creates an obligation for the User to pay the price, taxes, and any additional charges and expenses, as specified on the order page.
• Where the purchased Product requires active input from the User, such as providing information or personal data, specifications, or particular requests, submitting the order also creates an obligation for the User to cooperate accordingly.
• Once the order has been submitted, Users will receive confirmation that the order has been received.

All notifications relating to the purchasing process described above will be sent to the email address provided by the User for this purpose.

Prices

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

Prices on this Application:

• depending on the section the User is viewing, include all applicable fees, taxes, and costs or are shown excluding applicable fees, taxes, and costs.

Payment methods

Details regarding accepted payment methods are displayed during the purchasing process.

Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Application.

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

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

Payment in installments

The purchase price may be paid in two or more installments, under the terms specified on this Application or otherwise communicated by the Owner.

Certain Products may be excluded from this payment method.

If the User defaults on even one installment, the entire outstanding amount will immediately become due and payable.

Authorization for future payments via PayPal

If the User authorizes the PayPal feature that enables future purchases, this Application will store an identification code linked to the User's PayPal account. This allows this Application to automatically process payments for future purchases or periodic installments relating to a previous purchase.

Authorization may be revoked at any time by contacting the Owner or changing the User's personal PayPal settings.

Retention of title

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

Delivery

Deliveries are made to the address indicated by the User and according to the methods specified in the order summary.

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

Delivery may take place in the countries or territories specified in the relevant section of this Application.

Delivery times are indicated on this Application or during the purchasing process.

Failed delivery

The Owner is not responsible for delivery errors resulting from inaccuracies or omissions made by the User when completing the purchase order, nor for any damage or delays occurring after delivery to the carrier if the carrier was appointed by the User.

If the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to arrange a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt from the second attempt onward will be at the User's expense.

Contract duration

Subscriptions

Through a subscription, the User receives a Product continuously or periodically for a specified period of time.

Paid subscriptions begin on the day the Owner receives payment.

To keep the subscription active, the User must pay the required recurring fee on time. Otherwise, the Service may be interrupted.

Fixed-term subscriptions

Paid fixed-term subscriptions begin on the day the Owner receives payment and remain active for the subscription period selected by the User or otherwise indicated during the purchasing process.

Once the subscription period ends, the Product will no longer be accessible unless the User renews the subscription by paying the relevant price.

Fixed-term subscriptions cannot be terminated early and end upon expiry of the subscription period.

User rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days), for any reason and without justification. Further information regarding the right of withdrawal is provided in this section.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period specified below, for any reason and without justification.

Users who do not meet these requirements do not have 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 statement of their intention to withdraw from the contract.

For this purpose, the User may use the model withdrawal form provided in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other appropriate form. To comply with the withdrawal period, the User must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

• For the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party appointed by the User, other than the carrier, takes possession of the goods.
• For the purchase of multiple goods ordered together but delivered separately, or for the purchase of a single item consisting of multiple 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, other than the carrier, takes possession of the last item, lot, or piece.

Effects of withdrawal

The Owner refunds all payments received, including, where applicable, delivery costs, to Users who have correctly exercised their right of withdrawal.

However, any additional cost resulting from the User's choice of a particular delivery method other than the least expensive standard delivery method offered by the Owner will remain the User's responsibility.

The refund will be made without undue delay and in any event within 14 days from the day on which 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 original transaction. The User will not incur any costs as a result of the withdrawal.

Effects on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User must return them to the Owner or to another person authorized by the Owner to receive them without undue delay and in any event within 14 days from the day on which the User communicated their intention to withdraw from the contract.

The deadline is met if the goods are handed over to the carrier or another authorized person before the 14-day period described above expires. The refund may be withheld until the goods have been received or until the User provides evidence that they have returned them.

The User is responsible for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.

Return shipping costs are borne by the User.

Legal guarantee of conformity of the Product

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

Where Users act as European Consumers, the legal guarantee of conformity applies to items available on this Application in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users broader rights.

Consumers who do not act as European Consumers may have conformity warranty rights under the laws of the country in which they habitually reside.

Limitation of liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which constitutes a right that cannot be excluded, restricted, or modified (non-excludable right).

To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to the re-supply of the services or payment of the cost of having the services supplied again.

US Users

Disclaimer of warranties

The Owner provides this Application “as is” and “as available”. Use of the Service is at the User's own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available uninterrupted and secure at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through use of the Service is downloaded at the User's own risk, and the User is solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service. Furthermore, the Owner is not a party to and does not in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation, or use of the Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may have additional rights that vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for:

• any indirect, incidental, collateral, special, consequential, or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of, or inability to use, the Service;
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service, the User account, or the information contained therein;
• any errors, omissions, or inaccuracies in content;
• personal injury or property damage of any nature whatsoever resulting from the User's access to or use of the Service;
• any unauthorized access to the Owner's secure servers and/or any personal information stored therein;
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses, or similar items that may be transmitted to or through the Service;
• any errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding the amount paid by the User to the Owner during the preceding 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability provided for in these Terms do not apply beyond the limits permitted by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts, and expenses, including, without limitation, legal fees and expenses arising from:

• the User's use of or access to the Service, including any data or content transmitted or received by the User;
• the User's violation of these Terms, including but not limited to any breach by the User of any representation or warranty contained in these Terms;
• the User's violation of any third-party rights, including but not limited to any privacy or intellectual property rights;
• the User's violation of any applicable law, rule, or regulation;
• any content submitted from the User's account, including but not limited to misleading, false, or inaccurate information, including where access is made by third parties using the User's personal username and password or other security measures, if applicable;
• the User's willful misconduct; or
• the violation of any legal provision by the User or their affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

Common provisions

No implied waiver

The Owner's failure to exercise any statutory rights or claims arising from these Terms does not constitute a waiver of such rights. No waiver may be considered definitive in relation to 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, system updates, or any other changes, providing appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will make reasonable efforts to allow Users to retrieve their Personal Data and information in accordance with applicable law.

The Service may also be unavailable for reasons beyond the Owner's reasonable control, such as force majeure events (for example strikes, infrastructure failures, blackouts, etc.).

Service resale

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Application or the Service in whole or in part without the Owner's prior written consent, either directly or through a legitimate resale program.

Privacy policy

Information regarding the processing of Personal Data is contained in this Application's privacy policy.

Intellectual property

Without prejudice to any more specific provisions contained in these Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to this Application, 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 word or figurative — and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Application 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 these Terms

The Owner reserves the right to modify these Terms at any time. In such cases, the Owner will provide Users with appropriate notice of the changes.

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

Continued use of the Service constitutes the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.

The previous applicable version will continue to govern the relationship until the User accepts the updated Terms. That version may be requested from the Owner.

Where required by applicable law, the Owner will specify the date on which the changes to these Terms will take effect.

Assignment of contract

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

The provisions regarding changes to these Terms apply.

The User may not assign or transfer their rights or obligations under these Terms without the Owner's written consent.

Contacts

All communications relating to the use of this Application must be sent using the contact details provided in this document.

Severability

If any provision of these Terms is or becomes null or unenforceable under applicable law, the nullity or unenforceability of that provision will not affect the validity and enforceability of the remaining provisions.

US Users

Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with its original purpose.

These Terms constitute the entire agreement between the User and the Owner regarding the subject matter governed herein and supersede all other communications, including any prior agreements between the parties regarding such subject matter.

These Terms will be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms is or becomes null, invalid, or unenforceable, the parties will make reasonable efforts to identify, by mutual agreement, a valid and effective provision to replace the null, invalid, or unenforceable provision.

If no agreement is reached as described above, where permitted or required by applicable law, the null, invalid, or unenforceable provision will be replaced by the applicable statutory provision.

Without prejudice to the foregoing, the nullity, invalidity, or unenforceability of a specific provision of these Terms will not result in the nullity of the entire Agreement unless the null, invalid, or unenforceable provisions are essential to the Agreement or are of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or where the remaining provisions would impose an excessive and unacceptable burden on either party.

Governing law

These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and has their habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction over any dispute arising out of or in connection with these Terms lies with the courts 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 acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Dispute resolution

Amicable dispute resolution

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

Without prejudice to Users' right to bring legal proceedings, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner using the contact details provided in this document.

The User may submit a complaint to the Owner's email address indicated in this document, including a brief description and, where applicable, details of the relevant order, purchase, or account.

The Owner will process the request without undue delay and within 30 days of receiving it.

Consumer dispute resolution platform

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

Therefore, any European Consumer may use this platform to resolve disputes arising from contracts concluded online. The platform is available through the link provided in the original policy.

Definitions and legal references

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 these Terms.

Business User

Any User who does not meet the definition of Consumer.

European (or Europe)

Defines a User who is physically present or has their registered office within the European Union, regardless of nationality.

Model withdrawal form

To:

Caleidoscopio srl Via Leonardo da Vinci 33 Acquapendente, 01021
bergeritaly.shop@gmail.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:

_______________________________________________ (insert a description of the goods/services from which you wish to withdraw)

• Ordered on: _______________________________________________ (insert date)
• Received on: ______________________________________________ (insert date)
• Name of consumer(s): ______________________________________
• Address of consumer(s): ___________________________________
• Date: _____________________________________________________

(sign only if this form is submitted on paper)

Owner (or We)

Indicates the natural or legal person that provides this Application and/or offers the Service to Users.

Product

A good or service that can be purchased through this Application, such as tangible goods, digital files, software, booking services, etc.

The sale of a Product may form part of the Service, as defined above.

Service

The service offered through this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and/or the provision of the Service as described in this document and in any other related document or agreement, in their most recently updated version.

User (or You)

Indicates any natural person who uses this Application.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their business, commercial, craft, or professional activity.

Last modified: May 20, 2021