Legal Notice
The sohasardinia.com website:
Sohasardinia.com is maintained by Soha Sardinia SRL, Corso Umberto I sn, Tortoli 08 048, Sardinia, Italy. Soha Sardinia SRL is a limited company registered at the chamber of commerce of Nuoro in Sardinia with the REA company number NU-99219 and VAT number IT0141328916. Its main place of business is at Vico II Sulis 18, Caglari, 09124 Sardinia, Italy. Sohasardinia.com website is hosted by 1and1 Internet Limited, a company registered in England & Wales with the company registration number 3953678 and head office address of Aquasulis House, 12-14 Bath Road, Slough SL1 3SA, UK. This website as well as the Soha Trademark and logos displayed are exclusively owned and registered by Maximaliste Ltd, an England & Wales corporation having its principal place of business at 53 Wells street, London W1T 3PS, UK with the registration number 07060555. Soha Sardinia and Maximaliste Ltd are collectively referred to Soha Sardinia or sohasardinia.com hereinafter.
Terms & Conditions
sohasardinia.com website and related services are made available to you in accordance with the following Terms of Use & Service. Please read the Terms and Conditions carefully before placing any orders with us. We recommend you should keep a copy of the Terms and Conditions for future reference. Sohsardinia.com is maintained by Soha Sardinia SRL, a company registered in Italy under registration number NU-99219. Our registered address is Vico Umberto I, 08048 - Tortoli - Italy - VAT number: IT01413280916. In particular, we wish to draw your attention to our policies relating to the terms of purchase within the Terms of Use & Service and our Privacy Policy. If you are under 16 you must let your parents or guardian know about sohasardinia.com Privacy Policy before you register to use this Site or any of this Site's services. However, we reserve the right to only accept orders from those over 18. We may modify the Terms of Use & Service from time to time. Please read the Terms of Use & Service and check them back time to time. If you do not agree to any change to the Terms of Use & Service, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@sohasardinia.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify sohasardinia.com immediately of any breach of security or unauthorized use of your account. Please refer to our Privacy Policy for information about how we use your data.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the sohasardinia.com terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to sohasardinia.com, whose applications are acceptable to sohasardinia.com and who have authorized sohasardinia.com to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. sohasardinia.com reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where sohasardinia.com feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. sohasardinia.com offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may need to be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. Your rights regarding Advance Purchase are the same as those for any other purchase at sohasardinia.com. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. Items featured on the web site reflect the actual availability of the item in metal and size. We update product availability daily. Please note that it is possible that an “ Available” item may have sold out between updates. Once the order is processed by the Orders Department sohasardinia.com reserves the right to re-confirm the availability of the merchandise, verify the transaction’s validity and check the Client’s record with sohasardinia.com. Clients will be informed if for any reason the item ordered is not available or if the order cannot be processed as per the Client’s request. sohasardinia.com will store a record of your transactions for a minimum of one year. Orders that for any reasons are pending (payments issues, products issues, ...) and need a response from the customer will be automatically cancelled if the client will not respond within 30 days from the placed date of the order. The whole amount will be refunded by the same means of payment.
PRICING POLICY
Prices shown on the Site are in Euros, US dollars or Sterling and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable. All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. Product prices are set at the beginning of each month using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. If you are a customer whose credit/debit card is not denominated in Euros or the currency you process the order, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Once placed, it is not possible to cancel an order, unless when your receive it. Once received you have the right to request a free return and an authorization code have been issued for the order. Completion of the contract between you and sohasardinia.com will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Cagliari, Italy and the language of the contract is Italian. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use & Service. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PAYMENT
Payment can be made by credit/debit cards, and any other methods which may be clearly advertised on the Site. Payment will be debited and cleared from your account upon dispatch of your order by sohasardinia.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to sohasardinia.com, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered sohasardinia.com user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, sohasardinia.com uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
sohasardinia.com insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by sohasardinia.com, and transfer of responsibility in the same way. Please note that we aim to dispatch all orders within 24 to 72 hours for specific items. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. sohasardinia.com is not responsible for any delays caused by destination customs clearance processes.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including sohasardinia.com Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by international intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by sohasardinia.com and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
CONTENT
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. sohasadinia.com tries to ensure that the information on this site is accurate and complete. sohasardinia.com does not promise that sohasardinia.com's Content is accurate or error-free. sohasardinia.com does not promise that the functional aspects of the Site or sohasardinia.com's Content will be error free or that this Site, sohasardinia.com Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. Opinions expressed on our comments section or facebook.com/sohasardinia are the personal opinions of the authors and do not reflect the views of sohasardinia.com. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to sohasardinia.com a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but sohasardinia.com does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail to our info@sohasardinia.com. shoasardinia.com reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Use & Service, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than sohasardinia.com, including advertisers. sohasardinia.com has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
YOUR RIGHTS
You have certain rights under the law. In Italian these include: 1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; 2. Certain remedies if a product is defective; and 3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective. Nothing in the Terms of Use & Service is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in the Terms of Use & Service is intended to affect your rights under the law (see "Your Rights" above). If sohasardinia.com breaches the Terms of Use & Service we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and sohasardinia.com at the time of you placing your order, and sohasardinia.com dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the Terms of Use & Service where such failure is due to events beyond our reasonable control.
COMPENSATION
At our request, you agree to compensate us fully, defend us, and hold us sohasardinia.com harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Use & Service by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and sohasardinia.com as a result of the Terms of Use & Service or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of sohasardinia.com, and we shall not be liable for any representation, act, or omission on your part.
NO WAIVER
If you breach the Terms of Use & Service and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use & Service.
GOVERNING LAW
The Terms of Use & Service together with all our policies and procedures will be governed by and construed in accordance to the relevant Italy law and the relevant courts of the Italy will have exclusive jurisdiction.