Selema srl 

Borgo Pio 69 
00193 Rome 
Italy 

Fiscal Code/VAT Number:  04496441009

Paid-up share capital: € 10,000 
Chamber of Commerce of Rome

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Acceptance of Agreement

In order to use Borgoclero, you must carefully read and accept the Contract. The use of Borgoclero implies the complete acceptance of the Contract. If you do not wish to accept this document, you must refrain from using Borgoclero.

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Content Provided by Third Parties

The Owner does not carry out any preventive moderation on the contents or links provided by third parties shown on Borgoclero. The Owner is not responsible for such contents and their accessibility.

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Services provided by third parties

Users can use services or contents included in Borgoclero provided by third parties, but they must first have read the terms and conditions of such third parties and accept them. Under no circumstances can the Owner be held responsible in relation to the correct functioning or availability, or both, of services provided by third parties.

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Use not permitted

The Service shall be used in accordance with the Terms.
Users cannot:

• reverse engineer, decompile, disassemble, modify or create derivative works based on Borgoclero or any portion of it;

• circumvent the computer systems used by Borgoclero or its licensors to protect the content accessible through it;

• copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by Borgoclero;

• use any robot, spider, site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of Borgoclero or its contents;

• rent, license or sublicense Borgoclero;

• defame, offend, harass, harass, threaten or otherwise violate the rights of others;

• disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

• unlawfully take possession of the account used by another User;

• register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Borgoclero;

• use Borgoclero in any other improper way that violates the Terms.

Purchase

Order cancellation

The User can cancel the order within 24 hours of confirmation by communicating his intention to the contact details indicated in this document. Borgoclero will refund any amount received within 5 working days from the date of receipt of the request.

In the event that the order has been processed and the goods have been delivered, the User can make use of the withdrawal procedure provided for in the following sections of this document.

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Terms of payment

Borgoclero uses third party tools for payment processing and does not in any way come into contact with payment data - such as those relating to the credit card - provided.

Any management costs of non-accepted payments by the User will be charged to the User.

More information on payment methods can be found in the payment methods section.

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Availability of products

The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not be an exact representation of the products.
The Owner will do his best to present the characteristics of the products with the greatest possible degree of detail on Borgoclero within each file corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Borgoclero may differ from the real ones due to multiple factors including, but not limited to, the User's terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

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Execution of the Order

The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation is sent.

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Delivery

Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must check the content by specifying any anomalies in the delivery form. In case of non-collection within the deadline established by the carrier, the products will be returned to the Owner, who will reimburse the price of the products and the shipping costs. If the delivery took place outside the national borders, Borgoclero will not reimburse the shipping cost and any customs charges where present. The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase order by of the User, nor for delays in shipment or damage that may have occurred to the products after delivery to the carrier, where the latter has been chosen and appointed by the User. More information on how to deliver the products can be found in the section on shipping methods.

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Right of withdrawal

In case of purchase of products or services on Borgoclero, the User has the right to withdraw from the contract without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw through an explicit declaration sent to the contacts indicated.

To this end, you can use the model for exercising the right of withdrawal shown in the "definitions" section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent form.

In particular, the User can use the procedure described in the section on returning goods, while remaining free to express his choice in any other equivalent form.

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Effects of withdrawal

If the User withdraws from this contract, all payments he has made to the Owner will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a result of such reimbursement. The refund may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the 14-day period has expired. The costs of returning the goods will be advanced by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above at the expense of the User. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

The provisions set out in the "Delivery" section apply as compatible.

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Limitations on the right of withdrawal

Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from the damage or use. Reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received inside the package.

The right of withdrawal is in any case excluded in relation to:

• goods made to measure or clearly personalized;

• the supply of goods which are liable to deteriorate or expire rapidly;

• the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery.

If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

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Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the relative consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. to the User who acts for purposes unrelated to his business and professional activity.

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Warranty

The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within the limits of 24 months from the purchase, provided that notice is given within 2 months of their discovery.

To exercise the warranty right, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to ask the Owner for a reasonable price reduction or termination of the contract in the following cases:

• if the repair and replacement are impossible or excessively expensive;

• if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;

• if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return the defective products.

Indemnity and Limitation of Liability

Indemnity

The User undertakes to indemnify the Owner (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the law or the terms of these conditions of service.

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Limitations of Liability

Borgoclero and all the functions accessible through Borgoclero are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, that is not required by law. In particular, no guarantee is given as to the suitability of the services offered for the particular purposes set by the User.
The use of Borgoclero and of the functionalities accessible through Borgoclero is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of Borgoclero's activity. Therefore, the Owner will not be responsible for:

• any losses that are not a direct consequence of the Owner's breach of the Contract;

• any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• damages or losses deriving from interruptions or malfunctions of Borgoclero due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond the will and unrelated to the Controller's sphere of control such as, by way of example and not limited to, breakdowns o interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the supply of third-party products, services or applications;

• incorrect or unsuitable use of Borgoclero by Users or third parties.

Common provisions

Service Interruption

To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service due to system maintenance or updating needs, informing Users through constant updates on this matter on Borgoclero.

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Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Borgoclero and its Services without the Owner's prior written permission, granted directly or through a specific reselling program.

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Privacy policy

For information on the use of personal data, Users should refer to Borgoclero's privacy policy.

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Intellectual Property Rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning Borgoclero are and remain the exclusive property of the Owner or its licensees and are protected by applicable trademark laws and related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos relating to third parties and the contents published by such third parties on Borgoclero are and remain the exclusive property or availability of said third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own these intellectual property rights and can only use them within the limits and in compliance with the contracts entered into with such third parties and for the purposes outlined therein.

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Age requirements 

Users declare that they are of age according to the legislation applicable to them. Under no circumstances may children under the age of 13 use Borgoclero.

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Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by means of its publication on Borgoclero.
The User who continues to use Borgoclero after the publication of the changes accepts the new Terms without reservation.

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Assignment of the contract

The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.

The User may not assign or transfer in any way his rights or obligations under the Terms without the written authorization of the Owner.

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Communications

All communications relating to Borgoclero must be sent using the contact information indicated in the Contract.

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Ineffectiveness and partial nullity

If any clause of the Terms should be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

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Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive forum of the consumer is an exception, if the law so provides.