Brand Silver's Terms and Conditions

Brand Silver's is a service of:

BRAND SILVER'S di Gennaro Silveri - Corso europa 571, 80010 Villaricca (Na)

Owner email address: info@brandsilvers.com

At a glance

Please note that certain provisions of these Terms may only be applicable to some categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use of Brand Silver's set forth in this section are generally valid.

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

By using Brand Silver's, Users confirm that they meet the following requirements:

There are no restrictions on Users regarding whether they are Consumers or Professional Users;

Registration

To use the Service, Users may create an account by providing all required data and information in a complete and truthful manner.
Users may also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the Users' responsibility to keep their login credentials secure and confidential. To this end, Users must choose a password that meets the highest level of security available on Brand Silver's.

By creating an account, Users agree to be fully responsible for all activities that occur under their login credentials.
Users are required to inform the Owner immediately and unequivocally via the contact details provided in this document if they believe their personal information, such as their user account, access credentials, or personal data, has been breached, illicitly disclosed, or stolen.

Account deletion

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

By contacting the Owner at 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 deems it inappropriate, offensive, or in violation of these Terms.

Account suspension or deletion does not entitle the User to any compensation, refund, or indemnity.

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

Right of Withdrawal

In accordance with applicable law, the Consumer has the right to withdraw from the purchase without penalty and without specifying the reason within 14 days from the date of receipt of the products.
In the case of multiple purchases made by the User in a single order and delivered separately, the 14-day period begins from the date of receipt of the last product.
Users who intend to exercise their right of withdrawal may do so by completing the Withdrawal Form on our website.

Return shipping costs:

Shipping costs for returning the product are borne by the customer. The customer may choose between two methods for returning the product:
Brand Silver's Pickup Service: The customer can request our convenient courier pickup service at a discounted cost of €7.99, which will be deducted directly from the final refund.
Self-Shipment: The customer may decide to ship the package at their own expense and risk, using a courier of their choice, directly to the address provided by our Customer Service.

Effects of withdrawal and refund:

We will refund the price paid for the product within 14 days from the moment we are informed of the decision to withdraw. The refund may be withheld until actual receipt of the goods at our warehouses or until the Consumer has demonstrated that they have shipped the goods back via a trackable method.
Products must be returned intact, never used outdoors, in their original packaging, and in perfect resale condition.

Content on Brand Silver's

Unless otherwise specified or clearly recognizable, all content available on Brand Silver's is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on Brand Silver's 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 direct related complaints to the contact details specified in this document.

Rights regarding content on Brand Silver's

The Owner holds and expressly reserves all intellectual property rights for such 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.

Access to external resources

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

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

Permitted use

Brand Silver's 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 the use of Brand Silver's and/or the Service does not violate any law, regulation, 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 Brand Silver's or the Service, terminate contracts, or report any objectionable activity carried out through Brand Silver's or the Service to the competent authorities – e.g., judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:

Violations of laws, regulations, and/or the Terms;
Infringement of third-party rights;
Acts that may significantly prejudice the Owner's legitimate interests;
Offenses against the Owner or a third party.

Limitation of liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, limits, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any other similar state or territory legislation that cannot be excluded, limited, or modified (a non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the 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-performance of the services or the payment of the cost of having the services re-performed.

USA Users

Disclaimer of warranty

The Owner provides Brand Silver's "as is" and subject to availability. The use of the Service is at the User's own risk. To the maximum extent permitted by law, the Owner expressly disclaims conditions, representations, and warranties of any kind – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty 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 meet the User's requirements; that the Service will be available at any particular time or location, uninterrupted or secure; 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 the 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 for 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 will not be a party to or 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 damages, whether perceived or actual, resulting 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 grants Users specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions provided in this Agreement apply to the 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, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for 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; and

Any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the user account or the information contained therein;

Any errors, mistakes, or inaccuracies of 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 transmission to or from the Service;

Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

Any errors or omissions in any content or for 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 claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by the User to the Owner in the 12 months preceding, 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, whether the alleged liability is based on 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, so the above limitations or exclusions may not apply to the User. These Terms grant 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 in these Terms do not apply to the extent prohibited 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, costs, 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 breach of these Terms, including, but not limited to, the User's breach of any of the representations and warranties set forth in these Terms;

The User's violation of any third-party right, including, but not limited to, any right of privacy or intellectual property;

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, and including cases where access is obtained by third parties using the User's personal username and password or other security measures, if any;

The User's willful misconduct; or

The violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

Common provisions

No waiver

The Owner's failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

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, informing Users appropriately.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. If the Service is terminated, the Owner will cooperate with Users to allow them to extract their Personal Data and information and will respect the rights of Users related to the continued use of the product and/or compensation, in accordance with applicable law.

Additionally, the Service may not be available due to reasons beyond the Owner’s reasonable control, such as "force majeure" events (e.g., infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of Brand Silver's or its Service without the Owner's express prior written permission, granted either directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of Brand Silver's.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to Brand Silver's are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks – whether registered or figurative – and any other distinctive signs, trade names, service marks, illustrations, images, or logos that appear in connection with Brand Silver's are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

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

Changes will only affect the relationship with the User in 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 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 accepted by the User. Such 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 the contract

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

The provisions regarding the modification of these Terms shall 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 Brand Silver's must be sent to the contact details indicated in this document.

Severability

Should any provision of these Terms be or become null or unenforceable under applicable law, the nullity or unenforceability of such provision shall not affect the remaining provisions, which shall therefore remain valid and effective.

US Users

Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective, and compliant with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter governed and prevail over any other communication, including any prior agreements between the parties regarding the subject matter governed.
These Terms will be enforced to the fullest extent permitted by law.

European Users

Should a provision of these Terms be or become null, invalid, or unenforceable, the parties will endeavor to find an amicable solution that is valid and effective to replace the null, invalid, or unenforceable provision.
In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid, or unenforceable provision will be replaced by the applicable statutory law.

Notwithstanding the above, the nullity, invalidity, or unenforceability of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or unenforceable provisions within the framework of the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Governing 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 law principles.

Venue of jurisdiction

The exclusive competence to decide any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.