General Terms and Conditions of Use

Introduction

These general terms and conditions of use (together with the information and policies contained in the  website and any other documents referred in these terms and conditions) ("Terms of Use") set out the legal terms that apply to the use by users of the website http://www.lumberjack.com ("Site"). The owner of the Site is Brand Park S.r.l., with registered address at Via Fonderia, 39, 31100 Treviso (TV), Italy, VAT no. 07845560965 ("Lumberjack", "we", "us" and "our").

The use of the Site is subject to these Terms of Use and by accessing the Site the user agrees to be bound by them. By placing an order for any product offered on the Site, the user agrees also to be bound by the Terms of Sale of the Site. Please read these Terms of Use and all the linked policies carefully before using the Site. The user should print a copy of these Terms  of Use for future reference.

Lumberjack reserves the right to change these Terms  of Use from time to time for business reasons by posting new terms on the Site. Any such new term will be effective as of the date of posting . If the user is registered to the Site and he does not accept the revised terms, the user must immediately disable his account.

Access and use of the Site

It is responsibility of the user to ensure that his equipment (computer, laptop, notebook, tablet or other mobile device) meets all the necessary technical specifications to enable him to access and use the Site and that this equipment is compatible with the Site.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us. To the fullest extent permitted by law (please see section Our liability below), we will not be liable for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

The user must ensure that any information he provides (including, but not limited to, personal data, payment and delivery details) to us is accurate. If the user chooses, or is provided with, a log-on ID (such as a username and password or other identifier), the user must treat such information as confidential and must not reveal it to anyone else.  The user is liable for all activities that occur under his log-on ID and must notify us immediately of any unauthorized use or other security breach of which he becomes aware.

Abusing our Site and termination

We reserve the right, at any time, to prevent the user from using the Site, to disable any log-on ID, to terminate the contractual relationship in place with the user if: (i) any details he provided for the purposes of registering as user prove to be false or not accurate, if (ii) the user use the Site for illicit purposes and if (iii) the user fails to comply with one of the following provisions of these Terms  of Use: Access and use of the Site; What users are not allowed to do.

Lumberjack is entitled to withdraw from these Terms of Use without cause providing a 15 (fifteen) days prior notice. Users which have completed their online registration process may voluntarily terminate their account at any time by disabling it.

What users are allowed to do

Users may only use the Site in accordance with these Terms of Use. Users may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such individual pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on the Site or accessible via a link.

What users are not allowed to do

In addition to what is set out in other provisions of these Terms of Use, users not allowed to:

• use photographs and images appearing on the Site for any purpose, without obtaining  prior express written consent from us;

• 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site; or

• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 

• create links to the Site from any other website, without our prior written consent.

Users must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

Privacy Policy

Use of personal information submitted by users to or via the Site is governed by our Privacy and Cookies Policy . Please take the time to read this carefully, as it includes important information about how we collect and use the data of the user. By using the Site, the user warrants that all data provided by him are accurate and updated at any time.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives the user any rights in respect of any intellectual property owned by us or our licensors and the user acknowledge that he does not acquire any ownership rights by downloading content from the Site. In the event the user prints off, copies or stores pages from the Site (only as permitted by these Terms of Use), the user must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. The user agrees that his use of the Site is on an "as is" and "as available" basis and at his sole risk.

Whilst we try to make sure that all information contained on the Site (other than any possible user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. The user shall check with us or the relevant information source before acting on any such information.

Except for what detailed below in the section headed "Our Liability ", we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of the user or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is responsibility of the user to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy particular requirements of the user as to the safety and reliability of content.

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide the user with access to information, products or services that users may find useful or interesting. Except for what detailed below in the section headed "Our Liability", we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in these Terms of Use is intended to exclude, restrict or modify any rights which users may have under the Italian Consumer Code (Legislative Decree No. 206/2005)  or any other  legislation applicable to users (in particular those defining consumer rights) which may not be excluded, restricted or modified by agreement.

Nothing in these Terms  of Use shall limit or exclude our liability to the user:

• for death or personal injury caused by our negligence;
• for fraud and gross negligence;
• for breach of any term of the Italian Consumer Code (Legislative Decree No. 206/2005)  and any term which, by law, cannot be limited or excluded;
• under provisions of the user's local consumer law which, by law, cannot be limited or excluded; or
• for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to the user for any damage or losses and any liability we do have for damages or losses the user suffers arising from any use of the Site shall not exceed the total amount of Euro 100.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use is caused by events outside our reasonable control.

General

The user may not transfer or assign at any time any or all of his rights or obligations arising out from these Terms of Use. We may transfer or assign at any time any or all rights or obligations under these Terms of Use to third parties as well as transfer to third parties these Terms of Use, also in case of transfer a business division or of the entire business, provided that this does not reduce protection of the consumer's rights.

Unless differently provided in these Terms of Use, all notices given by the user to us must be given in writing to the address set out at the end of these Terms  of Use. In relation to users which complete their online registration process, we may give notice to the user at either the email or postal address he provides to us.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms of Use is found to be unenforceable, all other provisions shall remain unaffected.

These Terms of Use and any document expressly referred to in them represent the entire agreement between us and the user in relation to the relevant subject matter.

Governing law and Jurisdiction

These Terms of Use are governed by Italian law.

For consumers resident in Italy, the mandatory consumer protection provisions of Italian law (Consumer Code) will apply and therefore consumer protection rights granted to Italian consumers remain unaffected.

For consumers resident in countries different from Italy, nothing in these Terms  of Use shall deprive the users of the protection granted by the provisions of their respective  countries which are mandatory (in particular those defining consumer rights).

In the event of a dispute between the user and us, we encourage the user to contact our Customer Service in the first instance to find a solution.

The Court of Treviso (Italy) shall have the exclusive jurisdiction over any dispute or claim relating to these Terms of Use between professionals and us. 

Consumers have the right to bring legal proceedings regarding these Terms of Use (i) before the Court of Treviso (Italy) or (ii) before the courts at their place of residence or domicile. We are only allowed to initiate legal proceedings against consumers before their place of residence or domicile.

As an alternative to resolution of disputes through the courts, the consumer who resides in EU may refer its complaint to the European Online Dispute Resolution Platform (European ODR Platform). The European ODR Platform is developed and managed by the European Council implementing in accordance with Regulation (EU) No. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list  therein provided. For further information on the European ODR Platform, or to submit a complaint and start alternative procedures concerning a dispute relating to these Terms of Use, please use the following link: http://ec.europa.eu/odr.

Contact us

Users can submit any questions they have about these Terms of Use by email to support@lumberjack.com between 9.00 a.m.  to 17.00 p.m., Monday to Friday (excluding public holiday in Italy), or write to us at: Brand Park S.r.l., Via Fonderia, 39 - 31100 Treviso (TV), Italy.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, users declare to have read and understood and to accept the following provisions of these General Terms and Conditions of Use:  Access and use of the Site; Abusing our Site and termination; Contents; External Links; What users are not allowed to do; Our liability; Governing Law and Jurisdiction.

 The effective date of these General Terms and Conditions of Use is 15 June 2020.