Login

Country

Language

Cart

Your cart is empty

Terms and conditions of sale

Terms and Conditions of www.marketstoreaugusta.it
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.
Although the contractual relationship relating to the purchase of such Products is concluded exclusively between the Owner and the Users, the Users acknowledge and accept that, if this Website has been provided to them through the Apple App Store, Apple may exercise rights arising from these Terms as a third-party beneficiary.
The entity responsible for this Website is:

UPGRADE SRLS

VIA GARIBALDI 69 96011 AUGUSTA (SR)

VAT: 01885870897

Owner's email address: amministrazione@marketstoreaugusta.it
“This Website” refers to
• this site, including its subdomains and any other site through which the Owner offers the Service;
• applications for mobile devices, tablets or similar;
• application program interfaces (API);
• the Service;
• any software included as a component of the Service, as well as any applications, template files, content files, scripts, source code, instruction sets and related documentation;
What you need to know at a glance
• The right of withdrawal applies only to European Consumers.
• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
• The use of this Website and the Service is reserved for Users of legal age pursuant to applicable law.

PAYMENT METHODS

CREDIT CARD - PAYPAL - KLARNA

SHIPPING COSTS

ITALY

  • free shipping

ABROAD

  • Shipping costs €20: Austria, Germany, Benelux, Spain, France,
  • Shipping costs €20: Estonia, Lithuania, Latvia, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Greece, Croatia, Portugal, Eire, Denmark, Finland, Sweden, Balearic Islands, Canary Islands.
  • For shipments to other countries, please contact us by writing to marketstoreaugusta@gmail.com or by calling +39 345 0762063 (whatsapp).

SHIPPING/DELIVERY

Shipping times are as follows:

  • We generally ship within 1-2 business days.
  • The expected delivery of the package depends on the courier used but is usually around 3/4 working days

 


TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally applicable.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using this Website the User declares to satisfy the following requirements:
• There are no restrictions regarding Users as to whether they are Consumers or Professional Users.
• The User is of legal age under applicable law;
• 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 "terrorist-sponsoring" country;
• You are not listed on any U.S. Government list of prohibited contractors;
Registration
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe 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 all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Registration requirements
Registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.
• Opening accounts via bots or other automated means is not permitted.
• Unless otherwise specified, each User may create only one account.
• Except where expressly permitted, a User's account may not be shared with other people.
Account Closure
The User is free to close his/her account and cease using the Service at any time by following this procedure:
• By 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 sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its 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 any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
Rights to the contents of this Website - “some rights reserved”
Unless otherwise specified, the following does not apply to third-party content available on this Website, such as third-party trademarks, logos, images, etc.:
The Owner licenses the intellectual property rights in the contents according to a “some rights reserved” model.
The User can obtain further information regarding the permitted uses of such contents by consulting the relevant section of this Website.
Removal of content from this Website available through the App Store
If any content that is the subject of a complaint is considered objectionable, it will be removed within 24 hours and the User responsible for uploading it will be denied access to the Service.
Accessibility of the contents provided
The contents provided to this Website by Users are made available under the conditions described in this section.
Users may (and are encouraged to) consult this Website to find out who may access the content they provide.
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 is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
Permitted use
This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.
“Word of mouth”
This Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Website.
To find out all the details and applicable conditions, Users are requested to consult the specific contractual terms in the relevant section of this Website.
The Owner reserves the right to terminate the offer at any time at its sole discretion.
Software License
Any intellectual or industrial property rights, as well as any other exclusive rights existing on the software or technology integrated in or related to this Website are held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provision contained therein, the Owner grants Users a revocable, non-exclusive, non-assignable and non-sublicensable license to use the software and/or technology integrated into the Service within the framework and for the purposes of this Website and the Service offered.
The license does not include any right to access, use or reveal the original source code to the User. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The grant of rights and licenses to you terminates immediately upon termination or expiration of the Agreement.
Without limiting the foregoing, under this license you may download, install, use and operate the software on the permitted number of devices provided that such devices are commonly used, updated to the latest technology and market standards.
The Owner reserves the right to release updates, corrections or further developments of this Website and/or its software and to make them available to the User free of charge. Users may be required to download and install such updates in order to continue using this Website and/or its software.
New versions may be available for a fee.
Users may download, install and use the software on an unlimited number of devices.
However, it may not be possible to operate the software on more than one device at the same time.


TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Website as part of the service are paid.
The rates, 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 greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
• Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
• Users can review their choice, modify, add or remove items and, where applicable, provide specific instructions (for example “send it with a courtesy receipt”).
• To access the checkout area, Users must click the relevant button.
• Within the checkout area, Users can choose direct checkout. Direct checkout allows Users to complete the purchase directly through a payment management service (such as “PayPal”, “Amazon Pay”, “Google Pay”). By choosing direct checkout, Users will be redirected to the selected payment platform.
• Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address and a shipping and payment method of their choice.
• Within the checkout area, Users can log in to their account, if they have one. Users will be asked, in subsequent steps, to confirm their registered billing and shipping address and to specify a shipping and payment method of their choice. Users who do not have an account can open one during the purchase process. Accounts are created through Shopify and allow Users to access the status of the current order and the purchase history. To receive information regarding the processing of personal data and the related rights, the User can consult the privacy policy of Shopify and this Website.
• During the purchase process, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Voucher) or abandon the purchase process altogether without any consequences.
• After providing all the required information, Users are requested to carefully check the order and, subsequently, confirm and submit it using the relevant button or mechanism on this Website, thereby accepting the Terms and undertaking to pay the agreed price.
Sending the order
Sending the order entails the following:
• The sending of the order by the user determines the conclusion of the contract and creates the obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an active contribution from the User, such as the provision of personal information or data, specifications or particular requests, the forwarding of the order also constitutes the obligation for the User to collaborate 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 process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
• depending on the section the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out 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 that Users may assert in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.
Good
Promotions and discounts may be offered in the form of Vouchers.
In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
• Each Voucher is valid only if used in the manner and within the time 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 permitted;
• Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases made in installments;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. Once the period has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.
Payment methods
Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.
All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are borne by the User.
Payment by installments
The purchase price may be paid in two or more installments, within the terms specified on this Website or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
In the event that the User defaults on just one of the payment installments, the entire amount due will be immediately due and payable.
Authorization for future payments via PayPal
If you authorize the PayPal feature that allows future purchases, this Website will store an identification code linked to your PayPal account. This will enable this Website to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.
Retention of title
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner 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 may take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchasing process.
Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed 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 starting from the second will be at the User's expense.
User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
• In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
• In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User.
Legal guarantee of conformity of the Product
According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.
National laws of such country may grant such Users broader rights.
Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.
Common provisions
No Waiver Implied
Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Reselling 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 reselling 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 copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.
All trademarks – denominative 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 its licensors and are protected under applicable legislation and international treaties relating to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. 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 enter into force.
Assignment of 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 apply.
The User is not authorized to assign or transfer his 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 addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
European users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, in an amicable manner, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to 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 Agreement are essential or of such importance that the parties would not have entered into 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.
US Users
Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be enforced to the fullest extent permitted by law.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge 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 who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event 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 may 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 account concerned.
The Data Controller will process the request without undue delay and within 15 days of receiving it.