Terms of service
1. Introduction and scope
These Terms and Conditions govern the use of the website www.linea-garden.it and purchases made through it. The website is operated by DProject snc di TRALLI DANIELE & C. (hereinafter the "Company"), Via Castelfranco 22/D, Zona Industriale, 40017 San Giovanni in Persiceto (BO), Italy, VAT/Tax ID 00624970372, VAT number 00519591200, email info@linea-garden.it.
By using the website and placing orders, the user accepts these Terms. The Company may amend them at any time; orders are governed by the Terms in force at the time the order is placed.
2. Custom products and prices
All products sold on the website are made to measure: the customer selects the custom size and design when placing the order, and the product is only physically made after the order has been placed and paid for.
Product images and descriptions are for illustrative purposes; slight differences from the delivered product may occur. All prices are shown in euros, inclusive of VAT; shipping costs are shown separately before the order is confirmed. The Company reserves the right to change prices and products at any time, without affecting the prices applied to orders already confirmed.
3. Formation of the contract
An order submitted through the website constitutes an offer to purchase. The contract is formed when the Company sends an order confirmation by email. The Company reserves the right not to accept orders where specifications are not technically feasible, or in the event of anomalies or evident pricing errors; in such cases, any amount already paid will be refunded.
The customer is responsible for the accuracy of the measurements and specifications given in the order and is advised to check them carefully before confirming.
4. Payments
Payments can be made using the methods shown at checkout, including credit and debit cards (via Shopify Payments) and PayPal. Payment details are handled directly by the relevant providers using secure systems; the Company does not store complete card details.
5. Shipping and delivery
The Shipping Policy published on the website applies and forms an integral part of these Terms.
6. Exclusion of the right of withdrawal and warranty
As the goods are exclusively made to measure and clearly personalised, the right of withdrawal is excluded pursuant to Article 59, paragraph 1, letter c) of the Italian Consumer Code, as detailed in the Returns and Refunds Policy published on the website, which forms an integral part of these Terms.
Products are in any case covered by the 24-month legal warranty of conformity (Articles 128 et seq. of the Italian Consumer Code).
7. Intellectual property
All content on the website (text, graphics, photographs, trademarks, logos, illustrations) belongs to the Company or its licensors and is protected under copyright and industrial property law. Copying, reproducing, publishing or distributing the content, in whole or in part, for commercial purposes without the Company's prior written consent is prohibited.
8. Use of the website
Users agree to use the website in accordance with the law and these Terms. In particular, it is prohibited to:
- access or attempt to access systems, accounts or restricted areas without authorisation, or test their vulnerability;
- use automated systems to collect, copy or monitor the website or its content;
- interfere with the operation of the website or place an unreasonable load on its infrastructure;
- distribute viruses or other harmful technology;
- transmit unlawful, defamatory content or content that infringes the rights of others;
- pretend to be, or misrepresent an affiliation with, another person or entity.
The Company reserves the right to suspend or terminate access to the site, including for individual users, in the event of a breach of these Terms or unlawful use of the service.
9. Account
If a user creates a customer account, they are responsible for keeping their login details confidential and for all activity carried out through the account. The user agrees to notify the Company immediately of any unauthorised use of their account.
10. Limitation of liability
The site and its content are provided "as is". The Company does not guarantee that the site will be error-free or available without interruption. To the extent permitted by law, and without prejudice to liability for wilful misconduct or gross negligence, the Company is not liable for damages arising from use of, or the inability to use, the site. Nothing in these Terms limits the mandatory rights granted to consumers by law.
11. Force majeure
The Company is not liable for delays or failures to perform due to force majeure or unforeseeable circumstances (for example: acts of public authorities, natural disasters, strikes, or interruptions to telecommunications or transport services not attributable to the Company).
12. Governing law and jurisdiction
These Terms are governed by Italian law. For disputes involving consumer users, the competent court is that of the consumer's place of residence or domicile; in all other cases, the Court of Bologna has exclusive jurisdiction.
13. Dispute resolution
Consumers may make use of the alternative dispute resolution (ADR) procedures set out in Articles 141 et seq. of the Italian Consumer Code.
14. Final provisions
Should any clause be found to be invalid or unenforceable, this will not affect the validity of the remaining clauses. Failure by the Company to enforce any clause shall not be deemed a waiver of that clause.