Terms and conditions of use

Last updated: 30 September 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and definitions

Interpretation

Words whose initial letter is capitalized have meanings defined under the following conditions.

The following definitions have the same meaning regardless of whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, interests or other securities entitled to vote in the election of directors or other management authority.

Account means a unique account created for You to access Our Service or portions of Our Service.

Company (referred to as "the Company", "We", "Us" or "Our" in this Agreement) refers to Berlino srl, Viale della Repubblica, 209 31100 Treviso.

Country refers to: Italy

Merchandise refers to items offered for sale on the Service.

Orders refers to your request to purchase Goods from Us.

Promotions refers to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred to as the "Terms") means these Terms and Conditions which form the entire agreement between You and the Company regarding the use of the Service.

Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

Website refers to Borangame, accessible from https://www.borangame.com

You mean the individual who accesses or uses the Service, or the company or other legal entity on whose behalf such individual accesses or uses the Service, as applicable.

Recognition

These are the Terms and Conditions that govern your use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set forth the rights and obligations of all users with respect to the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal data when you use the Application or the Website and informs you of your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.

Your information

If you wish to place an Order for Goods available on the Service, you may be asked to provide certain information related to your Order, including, without limitation, your name, credit card number, credit card expiration date, billing address, and shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card or other payment method in connection with any Order; and that (ii) the information You provide to Us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third party payment processors for the purpose of facilitating the completion of your Order.

Order cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including, but not limited to:

Availability of goods

Errors in the description or prices of Goods

Errors in your order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.

Rights to cancel your order

Any Goods purchased by you may only be returned in accordance with these Terms and Conditions and Our Return Policy.

Our Return Policy is an integral part of these Terms and Conditions. Please read our Return Policy to learn more about your right to cancel your Order.

Your right to cancel an Order applies only to Products that are returned in the same condition in which you received them. It should also include all instructions, documents and wrappers of the Goods. Goods that are damaged or not in the same condition as you received them or that are simply worn beyond the opening of the original packaging will not be refunded. You should therefore take reasonable care of the Goods purchased while they are in your possession.

We will refund you within 14 days from the day we receive the returned Goods. We will use the same means of payment as you used for the Order and you will not incur any charges for this refund.

You will not be entitled to cancel an Order for the supply of any of the following Goods:

The supply of Goods made to your specifications or clearly customized.

The supply of Goods which by their nature are not suitable for return, deteriorate rapidly or whose expiry date has passed.

The supply of Goods which are unsuitable for return for reasons of health protection or hygiene and which have been opened after delivery.

The supply of Goods which, after delivery, are, according to their nature, inseparably mixed with other articles.

The provision of digital content that is not provided on a tangible medium if the provision is initiated with your prior express consent and you have acknowledged the loss of the right to erasure.

Availability, errors and inaccuracies

We are constantly updating Our offering of Goods on the Service. Goods available on Our Service may be incorrectly priced, inaccurately described or unavailable, and We may have delays in updating information about Our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability or services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without notice.

Pricing policy

The company reserves the right to review its prices at any time before accepting an order.

Prices quoted may be revised by the Company following acceptance of an Order in the event of any event affecting delivery caused by government action, change in customs duties, increase in shipping costs, increased foreign exchange costs and any other matter beyond the Company's control. In such event, You shall be entitled to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods that we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation and authorisation checks by your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of your Order.

Promotions

Any Promotion made available through the Service may be governed by rules that are separate from these Terms.

If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms, the rules of the Promotion will apply.

User account

When you create an account with Us, you must provide Us with information that is accurate, complete and current at all times. Failure to do so is a violation of the Terms, which may result in immediate termination of your account on Our Service.

You are responsible for safeguarding the password you use to access the Service and any activities or actions taken with your password, whether on Our Service or a Third Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify us immediately when you become aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or one that is not legally available for use, a name or trademark that is subject to the rights of another person or entity other than You without proper authorization, or a name that is otherwise offensive, vulgar, or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other laws of both the country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to other websites

Our Service may contain links to third party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party website or service. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or service.

We strongly recommend that you read the terms and conditions and privacy policies of any third party website or service that you visit.

Termination

We may terminate or suspend Your Account immediately, without notice or liability, for any reason, including without limitation if You violate these Terms and Conditions.

In the event of termination, Your right to use the Service will immediately cease. If You wish to terminate Your Account, You may simply stop using the Service.

Limitation of liability

Notwithstanding any damages You may incur, the entire liability of Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 if You did not purchase anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the Service, third party software and/or third party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, each party's liability will be limited to the maximum extent permitted by law.

"AS IS" and "AS AVAILABLE" disclaimers

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all errors and defects without warranty of any kind. To the fullest extent permitted by applicable law, Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, performance, use or trade practice. Without limiting the foregoing, Company makes no warranties or commitments and makes no representations of any kind that the Service will meet your requirements, achieve your desired results, be compatible or work with any other software, application, system or service, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's suppliers makes any representations or warranties of any kind, express or implied (i) as to the operation or availability of the Service, or the information, content, and materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content, or emails sent by or on behalf of Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable legal rights, so some or all of the above exclusions and limitations may not apply to you. But in that case the exclusions and limitations set forth in this section will apply to the fullest extent applicable under applicable law.

Applicable law

The laws of the country, excluding its conflicts of law provisions, will govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

Dispute resolution

If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) users

If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of the country in which you reside.

U.S. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a country that "supports terrorism," and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Safeguard and waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and interpreted to accomplish the purposes of such provision to the fullest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

Waiver

Except as provided herein, failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service.

You agree that the original English text will prevail in the event of a dispute.

Changes to these Terms and Conditions

We reserve the right, in Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Service after such revisions take effect, You agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and Service.

Contact

If you have any questions about these Terms and Conditions, please contact us.

By e-mail: info@berlinosrl.it

By visiting this page of our website: https://www.borangame.com/content/3-termini-e-condizioni-di-uso