Terms and Conditions
These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Website is:
GA.MA.PA SRL Corso Matteotti 49, 10121 TO P.IVA 12488580015
Owner's email address: info@purecbd.it
At a glance
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
The right of withdrawal applies only to European Consumers.
The use of this Website and the Service is reserved for Users of legal age according to applicable law.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to meet the following requirements:
There are no restrictions on Users as to whether they are Consumers or Professional Users;
The User is of legal age according to applicable law;
The User is not located in a country subject to a government embargo by the United States of America or in a country listed as a state sponsor of terrorism by the Government of the United States of America;
The User is not listed on any list of inadmissible contractors by the Government of the United States of America;
Registration
To use the Service, the User can open an account by providing all the requested data and information completely and truthfully. The Service can also be used without registering or creating an account. In this case, however, certain functions may not be available.
It is the Users' responsibility to keep their access credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with their access credentials. Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, has been violated, illegally disclosed or stolen.
Account closure
The User is free to close their account and cease using the Service at any time, by following this procedure:
Contacting the Owner at the contact details in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or their licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.
Rights to the content of this Website
The Owner holds and expressly reserves all intellectual property rights on the aforementioned content.
Users are not authorized to use the content in any way other than what is necessary or implied in the correct use of the Service.
In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work and the indication of any other relevant circumstance required by the Owner are observed.
The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights over content, are determined by the third parties themselves and governed by their respective terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and under applicable law.
It is the User's sole responsibility to ensure that the use of this Website and/or the Service does not violate the law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or there is suspicion that they carry out:
violations of law, regulations and/or the Terms;
infringements of third-party rights;
acts that may considerably harm the legitimate interests of the Owner;
offenses to the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Website 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 respective sections of this Website.
Product description
Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the maximum technically possible accuracy, the representation on this Website by any means (including, where applicable, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Every step, from product selection to order submission, is part of the purchase procedure. The purchase procedure includes the following steps:
Users are requested to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, quantity and specific characteristics.
Users can review their selection, modify, add or remove items.
Users will be asked to specify their billing address, contact details and a payment method of their choice.
If the purchase involves the delivery of a Product, Users may need to indicate a shipping address.
During the purchase procedure, Users can, at any time, modify, correct or replace the information provided or cancel the purchase procedure altogether without any consequence.
After providing all the requested information, Users are requested to carefully check the order and can then proceed to checkout.
To submit the order, Users must accept these Terms and use the respective button or mechanism on this Website, thereby committing to pay the agreed price.
Order submission
The submission of the order implies the following:
The submission of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
If the purchased Product requires active contribution from the User, such as providing information or personal data, specifications or particular requests, the submission of the order also constitutes for the User the obligation to cooperate accordingly.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase procedure and before submitting the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
The prices on this Website:
depending on the section the User is consulting, include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.
Promotions and discounts
The Owner may offer special discounts or promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions provided in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner's registered office, as indicated in the contact details in this document.
Vouchers
Promotions and discounts can be offered in the form of Vouchers.
In case of violation of the conditions applicable to Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action, including judicial action, to protect its rights and interests.
Any additional or divergent provisions applicable to the use of Vouchers reported on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions.
Unless otherwise specified, the following rules apply to the use of Vouchers:
Each Voucher is valid only if used according to the methods and within the period specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase - partial use is not allowed;
Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and therefore can be redeemed only once even in the case of installment purchases;
Vouchers are not cumulative;
The Voucher must be used within the specified validity period. After this period, the Voucher will be automatically canceled. Any possibility of claiming rights, including reimbursement of the Voucher's value, is excluded;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended exclusively for non-commercial use. Reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as is any illegal activity connected to the purchase and/or use of the Voucher.
Payment methods
Details relating to accepted payment methods are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.
Payment methods marked as such are managed directly by the Owner. The Owner collects and stores the data necessary for managing payments and fulfilling related legal obligations. For more information on the processing of personal data and related rights, the User can refer to the privacy policy of this Website.
Other possible payment methods, if any, are provided independently by third-party services. In these cases, this Website does not collect any payment information - such as credit card data - but receives a notification from the interested third-party provider when the payment is successfully completed.
If the payment made with one of the available methods fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or refused payment are borne by the User.
Reservation of ownership
Until full payment of the purchase price is received by the Owner, 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 indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to 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 can take place in the following countries or territories: Italy.
Delivery times are indicated on this Website or during the purchase procedure.
Failed delivery
The Owner is in no way responsible for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter was commissioned by the User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt after the first will be at the User's expense.
User rights
Right of withdrawal
Pursuant to articles 52 et seq. of Legislative Decree 206/2005 (Consumer Code), the Customer who qualifies as a Consumer has the right to withdraw from the purchase contract, without the obligation to provide any reason, within 14 (fourteen) days from the date of receipt of the products. In the case of orders containing multiple products delivered separately, the term starts from the day on which the Consumer acquires physical possession of the last product delivered.
How to exercise the right of withdrawal
The right of withdrawal can be exercised by one of the following methods: by using the dedicated digital function "Exercise the right of withdrawal" available on the website www.purecbd.it, if present; by sending an explicit communication to the assistance email address indicated on the website, containing at least: Customer's first and last name; order number; products for which the right of withdrawal is intended to be exercised. The request for withdrawal is considered validly transmitted from the moment of its receipt by PureCBD. Following receipt of the request, PureCBD will send the Customer a confirmation of receipt of the communication on a durable medium (for example, via e-mail).
Return of products
The Customer must return the products within 14 (fourteen) days from the communication of withdrawal. The products must be returned intact, complete with any accessories, in their original packaging where possible and adequately packed for transport. The Customer is solely responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Unless otherwise indicated on the website or agreed with Customer Service, return costs are borne by the Customer.
Refund
Once the returned products or proof of their shipment has been received, PureCBD will refund all payments received relating to the products subject to withdrawal, including any standard delivery costs provided for by current legislation. The refund will be made within 14 (fourteen) days from the receipt of the withdrawal communication, without prejudice to PureCBD's right to withhold the refund until receipt of the products or until the Customer demonstrates that they have shipped them, if earlier. The refund will be made using the same payment method used by the Customer for the initial transaction, unless otherwise agreed between the parties.
Exceptions to the right of withdrawal
The right of withdrawal does not apply in the cases provided for by article 59 of Legislative Decree 206/2005 (Consumer Code). In particular, the right of withdrawal cannot be exercised for sealed products which, once opened after delivery, are not suitable for return for hygienic reasons or reasons related to health protection, in the cases and within the limits provided for by current legislation.
Assistance For any information relating to the exercise of the right of withdrawal, it is possible to contact PureCBD's Customer Service via the contact details indicated in the "Contacts" section of the website.
Limitation of liability and indemnification
Indemnification
The User undertakes to indemnify and hold harmless the Owner and their subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with negligent behavior such as the use of or connection to the service, the violation of these Terms, the violation of third-party rights or laws by the User, their affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent permitted by law.
Limitation of liability for User activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on their behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as obligations strictly necessary for the achievement of the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the use of this Website by the User has been suitable and correct.
Unless the damages have been caused by willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.
Common provisions
No implied waiver
The Owner's failure to exercise legal rights or claims arising from these Terms does not constitute a waiver thereof. No waiver can be considered definitive in relation to a specific right or any other right.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the Owner will endeavor to ensure that Users can extract their Personal Data and information according to the provisions of law.
Furthermore, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or their licensors and are protected under the applicable legislation and international treaties on intellectual property.
All trademarks – word or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or their licensors and are protected under the applicable legislation and international treaties on intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In such a case, the Owner will give appropriate notice of the changes to Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may result in the right of either party to withdraw from the Agreement.
The previously applicable version continues to govern the relationship until the User's acceptance. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will come into effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract single or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the contact details indicated in this document.
Severability clause
If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
USA Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original purpose. These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject matter and supersede any other communication, including any prior agreements, between the parties regarding the regulated subject matter. These Terms will be implemented to the fullest extent permitted by law.
European Users
Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to amicably find a valid and effective provision to replace the null, invalid or ineffective one. In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal provisions.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The 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 laws rules.
Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection prevails.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the court 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 settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the Users' right to bring legal action, in case of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or affected account.
The Owner will process the request without undue delay and within 30 days of its receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that promotes the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.