Terms of service

Terms and Conditions of www.mercatinodininni.it

These Terms govern

• the use of this Application, and
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized terms are defined in the relevant section of this document. Users are requested to read this document carefully.

This Application is a service of:
Mercatino di Ninni – Via De' Federighi n.1r, 50123 Florence, Italy
Owner’s email address: ilmercatinodininni@gmail.com

"This Application" refers to this website, including related subdomains and any other websites through which the Owner offers the Service.

Quick Overview

Certain provisions of these Terms may only apply to specific 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 stated in the relevant clause. If no mention is made, the clauses apply to all Users.

The right of withdrawal on this Application applies to all Users, regardless of whether they are Consumers.

Terms of Use

Unless otherwise specified, the terms of use of this Application in this section are of general validity. Additional conditions of use or access applicable in specific situations are expressly indicated in this document. By using this Application, the User declares that they meet the following requirements: There are no restrictions regarding whether Users are Consumers or Professional Users.

Registration

To use the Service, the User may create an account by providing all required information completely and truthfully. The Service can also be used without registering or creating an account. In that case, however, certain functions may not be available.
Users are responsible for keeping their login credentials secure and confidential. Users must choose the highest security level password available on this Application. By creating an account, the User accepts full responsibility for any activity carried out using their login credentials.
Users must immediately notify the Owner using the contact details provided if they believe that their personal information, such as User account, login credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.

Account Closure

The User may close their account and stop using the Service at any time by:

• Contacting the Owner using 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 deemed inappropriate, offensive, or in violation of these Terms.
Suspension or deletion of the account does not entitle the User to any compensation, refund, or indemnity.
Suspension or deletion of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or charges.

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes utmost care to ensure that the content available on this Application does not violate applicable laws or third-party rights. However, this may not always be possible. In such cases, without prejudice to legal rights, Users are requested to direct complaints to the contacts specified in this document.

Content Rights

The Owner expressly reserves all intellectual property rights on the aforementioned content.
Users are not authorized to use content in any way other than what is necessary or implied for proper use of the Service. In particular, but not limited to, Users are prohibited from copying, downloading, sharing beyond specified limits, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring to third parties, or creating derivative works from the content available on this Application, or allowing third parties to undertake such activities via their account or device.
Where expressly indicated on this Application, Users are authorized to download, copy, and/or share certain content for personal, non-commercial purposes only, provided the authorship attribution and other relevant information requested by the Owner are observed.
Copyright limitations and exclusions remain in force.

Access to External Resources

Through this Application, Users may access third-party resources. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content or availability. Conditions applicable to third-party resources, including any licensing rights, are determined by the third parties and governed by their terms or, in their absence, by law.

Permitted Use

This Application and the Service may only be used for their intended purposes, in accordance with these Terms and applicable law. It is solely the User’s responsibility to ensure that the use of this Application or the Service does not violate laws, regulations, or third-party rights.
The Owner reserves the right to take any measures to protect its legitimate interests, including denying access to this Application or the Service, terminating contracts, or reporting unlawful activity to competent authorities, whenever the User engages in or is suspected of:

• violating laws, regulations, and/or the Terms;
• infringing third-party rights;
• acts that may seriously harm the legitimate interests of the Owner;
• offenses against the Owner or a third party.

“Referral Program”

This Application allows Users to receive benefits if a new User purchases a Product via their recommendation.
To participate, Users can invite friends to purchase Products on this Application using a referral code provided by the Owner. Each code can only be redeemed once.
If a referred person redeems a code, the inviting User will receive the indicated benefit (e.g., discount, additional service, upgrade).
Referral codes may only be valid for specific Products.

The Owner reserves the right to terminate the offer at any time.
Although there is no limit on the number of people a User can invite, the total benefits a User can receive may be capped.

API Usage Terms

Users may access their data via the Application Programming Interface (API). Any use of the API, including through third-party products or services, is subject to these Terms and the following: the User expressly acknowledges that the Owner is not responsible for damages or losses resulting from the use of the API or third-party services accessing data through the API.

SALES TERMS AND CONDITIONS

Personal Data Provision

To access or receive certain Products offered via this Application as part of the Service, Users may be required to provide personal data as indicated on this Application.

Paid Products

Some Products offered on this Application are paid. Prices, duration, and applicable conditions are described below and in the relevant sections of this Application.

Product Description

Prices, descriptions, and availability are specified in the relevant sections and are subject to change without notice. Products are presented as accurately as possible; however, representations via images, graphics, colors, or sounds are for reference only and do not constitute a guarantee. Product specifications will be provided during purchase.

Purchase Procedure

The purchase process includes selecting the product and submitting the order. Users should verify their selection before placing an order.

Order Submission

Submitting an order entails the following:

• Submitting an order by the user determines the conclusion of the contract and gives rise to the user's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• If the purchased Product requires action on the part of the User, such as the provision of personal information or data, specifications or special requests, placing the order also constitutes an obligation on the part of the User to cooperate accordingly.
• Once the order has been placed, Users will receive 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.

Pricing

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.
The prices on this Application: depending on the section the User is viewing, either include all applicable fees, taxes and costs or are shown net of applicable fees, taxes and costs.

Taxes, VAT, and Customs Duties

All prices shown on the website are net of any local taxes, VAT or customs duties.

For orders shipped outside Italy, these charges – if required by the regulations of the destination country – will be calculated and collected by the local customs authorities and/or the courier upon delivery.

These costs are the sole responsibility of the customer and are not included in the prices or shipping costs displayed on the website.

If the customer refuses the parcel due to unpaid duties or taxes, any costs for returning the goods or additional costs will be deducted from the refund.

Promotions and Discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application. 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 can be enforced by Users in the future. Depending on the case, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner's headquarters, as indicated in the contact details in this document.

Payment Methods

Details regarding accepted payment methods are highlighted during the purchase process. Some payment methods are subject to additional conditions or incur additional costs. Detailed information is provided in the relevant section of this Application.
All payments are handled independently by third-party services. Therefore, this Application does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed. For further information on the processing of personal data and related rights, the User may refer to the privacy policy of this Application.
If the payment made using one of the available methods fails or is refused by the payment service provider, the Data Controller is not obliged to fulfil the order. If the payment is not successful, the Data Controller reserves the right to request reimbursement from the User for any related expenses or damages.

Installment Payments

The purchase price may be paid in multiple installments. Non-payment of a single installment makes the entire amount immediately due.

PayPal Future Payment Authorization

Users may authorize future payments via PayPal. The Application will store a PayPal identifier to process future or installment payments. Authorization can be revoked anytime.

Retention of Title

Ownership of Products is retained until full payment is received.

Right of Withdrawal

Users have a contractual right to withdraw from the purchase contract within 14 days of contract conclusion. This right applies to all Users unless exceptions are indicated.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users are required to 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 be made to the countries or territories specified in the relevant section of this Application. Delivery times are indicated on this Application or during the purchase process.

Unless otherwise specified on this Application or agreed with the User, Products are delivered within thirty (30) days of purchase.

Failure to deliver

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damage or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner. If the goods are not delivered or collected at the agreed time or within the agreed period, 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, any delivery attempts after the second will be charged to the User.

User Rights – Withdrawal

Consumers may withdraw for any reason within 14 days. Users are responsible only for diminished product value due to handling beyond what is necessary to determine the nature, characteristics, and functioning.

Who Can Exercise the Right of Withdrawal

The right of withdrawal allows European consumers to cancel contracts concluded at a distance, since in these cases the User cannot see or test the Product before completing the purchase. Exercising the right of withdrawal releases both parties from their contractual obligations.

On this Application, the right of withdrawal applies to all Users, without prejudice to any more specific rights granted by law or by this document.

Except for the exceptions mentioned below – if applicable – the Consumer User may withdraw from the contract within the specified period, for any reason, and without providing justification. The User will only be liable for any decrease in the value of the goods resulting from use other than what is necessary to establish their nature, characteristics, and functioning.

How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the User must clearly communicate their decision to withdraw from the contract to the Owner.

For this purpose, the User may use the standard withdrawal form included in the definitions section of this document, or express their intention in any other suitable manner.

To meet the withdrawal deadline, the communication must be sent before the end of the withdrawal period.

Withdrawal Period Deadline

• Single item purchase: the withdrawal period expires 14 days from the day the User or a third party appointed by the User, other than the courier, takes possession of the goods.
• Multiple items purchased together but delivered separately, or a single item composed of multiple batches or pieces delivered separately: the withdrawal period expires 14 days from the day the User or a third party appointed by the User, other than the courier, takes possession of the last of the goods, batches, or pieces.

Effects of Withdrawal

The Owner will refund all payments received, including any delivery costs paid by the User, provided that the right of withdrawal has been properly exercised.

Any additional costs resulting from choosing a delivery method other than the standard, least expensive method offered by the Owner will be borne by the User.

The refund will be made without undue delay and, in any case, within 14 days from the day the Owner is 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 payment method used for the original transaction. The User will not incur any costs as a result of exercising the right of withdrawal.

Return Shipping

Unless otherwise specified, Users bear return shipping costs.

Exceptions to Withdrawal

No withdrawal is allowed for:

• Custom or personalized goods
• Damaged or misused goods
• Defects not attributable to the Seller
• Damage caused by User-selected couriers

UK User Rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.

When does the cancellation period expire?

Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.

Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Warranties

Legal Warranty of Conformity of the Product under European Union Law

Under European law, the seller guarantees that the goods sold are in conformity with the contract for a minimum period of 2 years from delivery.

If Users act as European Consumers, the legal warranty of conformity applies to the items available on this Application in accordance with the laws of the country where they normally reside.

The national laws of that country may grant Users broader rights.

Specifically, Consumers residing in France may exercise their rights under the warranty of conformity within two years from delivery of the goods without having to provide proof of the defect or non-conformity. The period during which the Consumer is exempt from providing proof is reduced to six months in the case of used goods.

By exercising the warranty, the Consumer may choose between requesting the replacement or repair of the defective goods under the conditions specified in the French Consumer Code.

This legal warranty of conformity applies regardless of any additional commercial warranty granted by the Owner.

The Consumer may also exercise the warranty for hidden defects under the relevant provisions of the French Civil Code, choosing between withdrawing from the purchase or a price reduction.

Consumers who do not act as European Consumers may enjoy rights under the warranty of conformity according to the laws of the country in which they normally reside.

Legal Warranty for Second-hand or Used Goods

Under European law, for a minimum period of 1 year from delivery, the seller guarantees the conformity of second-hand or used goods sold to Consumers, in accordance with the laws of the country in which they normally reside. The national laws of that country may grant such Users broader rights.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Exclusion of the Legal Warranty of Conformity for Consumers in Switzerland

If Users act as Consumers in Switzerland, the legal warranty of conformity for goods and/or digital products is completely excluded and does not apply to the Products available on this Application.

Limitation of Liability and Indemnification

Unless otherwise specified or agreed with Users, the Owner’s liability for damages related to the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, and employees to the extent permitted by law from any claims or demands—including, without limitation, legal fees and expenses—brought by third parties arising out of or in connection with actions that violate these Terms, third-party rights, or applicable law, committed in connection with the use of the Service and attributable to the User, their affiliates, officers, agents, co-owners of the trademark, partners, or employees, whether due to negligence.

Limitation of Liability for User Activities on this Application

Unless otherwise specified and subject to applicable law, any claims for damages against the Owner (or any person or entity acting on its behalf) are excluded.

The foregoing does not limit the Owner’s liability for death, personal injury, or physical or mental harm, damages resulting from the breach of essential contractual obligations (i.e., obligations strictly necessary to achieve the purpose of the contract), and/or damages caused by intentional misconduct or gross negligence, provided that the User’s use of this Application was appropriate and correct.

Except where damages are caused by intentional misconduct or gross negligence or affect life and/or physical or mental integrity, the Owner is only liable to the extent of typical damages for the type of contract and foreseeable at the time of its conclusion.

Users in the USA

Disclaimer of Warranties

The Owner provides this Application “as is” and “as available.” Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, covenants, and warranties of any kind—whether express, implied, statutory, or otherwise—including, without limitation, any implied warranties 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 in this Agreement.

Notwithstanding the above, the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees do not guarantee that the content is accurate, reliable, or correct; that the Service will be available continuously and securely, at any particular time or location; that 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 done at the User’s own risk, and the User is solely responsible for any damage to their computer system or mobile device or for any data loss resulting from such download or use of the Service.

The Owner does not guarantee, endorse, warrant, or assume responsibility for any products or services advertised or offered by third parties through the Service, nor for any websites or services linked via hyperlinks. Furthermore, the Owner does not participate in or monitor any transactions 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 laws, certain states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants Users specific legal rights. Users may also have additional rights that vary from state to state. The limitations and exclusions 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 or its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, or employees be liable for:

• any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages resulting from loss of profits, goodwill, use, data, or other intangible losses arising from or related to the use of, or the inability to use, the Service;
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service, User account, or information contained therein;
• any errors, omissions, or inaccuracies in the content;
• personal injury or property damage of any kind resulting from the User’s access 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 transmissions to or from the Service;
• any bugs, viruses, trojans, or similar items that may be transmitted to or through the Service;
• any errors or omissions in any content or 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
• defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner or its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, or employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in excess of the amount paid by the User to the Owner during the preceding 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the User was advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental 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 additional rights that vary by jurisdiction. The waivers, exclusions, or limitations of liability in these Terms do not apply beyond the limits permitted by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees from and against any claim or demand, damage, obligation, loss, liability, burden, or expense, including, without limitation, legal fees and costs, arising from:

• the User’s use or access of the Service, including any data or content transmitted or received by the User;
• the User’s violation of these Terms, including, without limitation, any breach of representations or warranties contained herein;
• the User’s infringement of any third-party rights, including but not limited to privacy or intellectual property rights;
• the User’s violation of any applicable law, rule, or regulation;
• any content submitted from the User’s account, including misleading, false, or inaccurate information, even if accessed by third parties using the User’s credentials or other security measures, if present;
• the User’s intentional misconduct; or
• any violation of any legal provision by the User or their affiliates, officers, agents, co-owners of the trademark, partners, suppliers, or employees, to the extent permitted by applicable law.

General Provisions

No Implied Waiver

The failure to exercise any legal rights or claims under these Terms by the Owner does not constitute a waiver of those rights. No waiver shall be deemed final concerning a specific right or any other right.

Service Interruption

To provide the best possible service, the Owner reserves the right to suspend the Service for maintenance, system updates, or other modifications, giving appropriate notice to Users. To the extent permitted by law, the Owner may suspend or terminate the Service entirely. In the event of Service termination, the Owner will endeavor to allow Users to extract their Personal Data and information and respect Users’ rights concerning continued product use and/or compensation, as provided by law. The Service may also be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure events (e.g., infrastructure failures, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit the Application or the Service, in whole or in part, without the Owner’s prior written consent, either directly or through a legitimate resale program.

Privacy Policy

Information on the processing of Personal Data is contained in this Application’s privacy policy.

Intellectual Property

Without prejudice to any more specific provisions in these Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Application, are exclusively owned by the Owner or its licensors and are protected under applicable law and international treaties. All trademarks—whether word or figurative marks—and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Application remain the exclusive property of the Owner or its licensors and are protected under applicable law and international treaties.

Changes to the Terms

The Owner reserves the right to modify these Terms at any time. In such cases, the Owner will provide appropriate notice to Users. Modifications will affect the relationship with the User only from the date communicated to the User. Continued use of the Service constitutes acceptance of the updated Terms.

If the User does not accept the changes, they must stop using the Service and may withdraw from the Agreement. The previous version will govern the relationship until the User accepts the modifications. Users may request a copy of the prior version from the Owner. If required by law, the Owner will notify Users in advance of the effective date of the modified Terms.

Exception for Consumers in France

Notwithstanding the above, any modification of these Terms will be communicated in writing at least one month before taking effect. If a Consumer (acting as such in France) does not accept the modified Terms, they have the right to withdraw from the Agreement without prejudice and without any entitlement to compensation within four months from the date the Terms modifications become effective.

Assignment of the Agreement

The Owner reserves the right to transfer, assign, novate, or subcontract all or part of the rights and obligations under these Terms, taking into account Users’ legitimate interests. The provisions regarding modification of these Terms apply. Users are not authorized to assign or transfer their rights and obligations under the Terms without the Owner’s written consent.

Contact

All communications regarding the use of this Application must be sent to the contact details provided in this document.

Severability Clause

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision does not affect the validity of the remaining provisions, which remain in full force and effect.

Users in the USA

Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, enforceable, and consistent with the original purpose.

These Terms constitute the entire agreement between the User and the Owner regarding the subject matter and prevail over any other communication, including any prior agreements, between the parties. These Terms will be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms is or becomes invalid, void, or unenforceable, the parties will endeavor to amicably identify a valid and effective replacement provision. If no agreement is reached, and if permitted by applicable law, the void, invalid, or unenforceable provision will be replaced by applicable legal rules.

The invalidity, nullity, or unenforceability of a specific provision does not invalidate the entire Agreement unless the null, invalid, or unenforceable provisions are essential or of such importance that the parties would not have entered into the contract knowing the provision would be invalid, or if 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 jurisdiction where the Owner is established, as indicated in this document, regardless of conflict-of-law rules.

Prevalence of National Law

However, if the law of the User’s country provides a higher level of consumer protection, the higher level of protection prevails.

Exception for Consumers in Switzerland

If the User acts as a Consumer in Switzerland, Swiss law applies.

Jurisdiction

Exclusive jurisdiction for any disputes arising from or in connection with these Terms lies with the court of the place where the Owner is established, as indicated in this document.

Exception for Consumers in Europe

The above does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.

Exception for Consumers

The above does not apply to Users acting as Consumers.

Users in the USA

Each party expressly waives any right to a jury trial in any court regarding any action or dispute. Any claim under these Terms must be pursued individually, and no party may participate in a class action or other proceedings with or on behalf of others.

Consumers in the United Kingdom

Consumers located in England and Wales may bring legal action regarding these Terms in the courts of England and Wales. Consumers located in Scotland may bring legal action in Scottish or English courts. Consumers located in Northern Ireland may bring legal action in Northern Irish or English courts.

Post-Contractual Effect

This Agreement remains valid until terminated by either the Application or the User. Upon termination, provisions in these Terms that by their nature are intended to remain in effect will continue to apply, including but not limited to:

• Licenses granted by the User under these Terms remain indefinitely;
• The User’s indemnification obligation remains for five years after termination;
• Disclaimers of liability and warranties and provisions regarding indemnification and limitation of liability remain indefinitely.

Dispute Resolution

Amicable Dispute Resolution

Users may report disputes to the Owner, who will attempt to resolve them amicably. Without prejudice to Users’ right to take legal action, in the case of disputes concerning the use of this Application or the Service, Users should contact the Owner at the contact information provided.

The User may submit a complaint by email to the Owner, including a brief description and, if applicable, relevant order, purchase, or account details. The Owner will respond without undue delay and within 2 days of receipt.

Amicable Resolution of User-to-User Disputes

Users may report disputes with other Users arising from the use of this Application. The Owner will attempt to mediate conflicting claims to reach a consensual solution.

Without prejudice to Users’ right to take legal action, Users should contact the Owner for disputes between Users related to the use of this Application or Service.

France: Mediation

Within one year of sending a written complaint to the Owner regarding a dispute arising from these Terms, the Consumer has the right to initiate mediation before:

• an institution recognized by the French government. The relevant list is available at: https://www.economie.gouv.fr/mediation-conso/mediateurs-references

Definitions

This Application (or the Application)

The structure that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User

Any User who does not meet the definition of a Consumer.

Digital Product

A Product that consists of:

• content produced and provided in digital format; and/or
• a service that allows the creation, transformation, storage, or access of data in digital format, or the sharing or any other interaction with data in digital format uploaded or created by the User and any other User of this Application.

European (or Europe)

Applies when the User, regardless of nationality, is located in the European Union.

Standard Withdrawal Form

Addressed to:
Mercatino di Ninni
Via De' Federighi n. 11r
50123 Florence, Italy

Hereby I/we notify the withdrawal from my/our sales contract of the following goods/services:

• (Insert a description of the goods/services you wish to withdraw from)
• (Insert the order date)
• (Insert the date of receipt of the order)
• Name and Surname
• Address
• Date

Owner (or We)

Refers to the natural or legal person who provides this Application and/or offers the Service to Users.

Product

A good or service available through this Application, such as a physical good, digital files, software, booking services, etc., and any other type of product defined separately in this document, including Digital Products.

Service

The service offered through this Application as described in the Terms and on this Application.

Swiss (or Switzerland)

Applies when the User, regardless of nationality, is located in Switzerland.

Terms

All conditions applicable to the use of this Application and/or the provision of the Service as described in this document, as well as in any other document or agreement related thereto, in their most updated version.

United Kingdom (or UK)

Applies when the User, regardless of nationality, is located in the United Kingdom.

User (or You)

Refers to any natural person who uses this Application.

Consumer

Any User considered a Consumer under applicable law.

Last updated: 14 November 2025