Version of 01/03/2021
1. General Conditions of Sale
1.1. These general conditions of sale (hereinafter also the “Conditions of Sale”) shall apply to the purchase of products bearing the “AGL” trademark(s) (the “Products” or severally the “Product”) made via the e-commerce section of the site www.agl.com (the “Site”) by final users who may be qualified as "Consumers” pursuant to article 1.2 below.
1.2. The e-commerce section of the Site is the property of Attilio Giusti Leombruni S.p.A., with registered offices at 1, Via Bettino Craxi, Montegranaro (FM), Italy, Tax Code and VAT no. 011254110447 and registered with the Company register of Fermo, Italy under no. 114313 (“AGL”).
We invite You to carefully read these Conditions of Sale, together with the general conditions of use of the Site (the ''Conditions of Use'') and the informative notice concerning Your personal data (the ''Privacy Notice'') prior to proceeding with the purchase of the Products via the e-commerce section of the Site.
1.3. The Products are offered and sold through the e-commerce section of the Site directly by AGL. Purchases made via the Site shall have as parties (the “Parties”) AGL, as the seller, and You, the final user who purchases one or more Products for purposes that are personal and outside a business, trade, craftsmanship or profession, as the buyer (hereafter the “Consumer”).
1.4. Any notice by the Consumer in connection with and/or in relation to the purchase of the Products - including any notices, claims or requests concerning the purchase and/or delivery of the Products, the exercise of the right to cancel, etc. - shall be sent to AGL’s customer care (the “Customer Care”), by using the telephone number or the e-mail address or the contact form as available on the Contacts page of the Site or, if the Consumer registered on the e-commerce section of the Site, the telephone number or the e-mail address indicated in the area reserved to the account of the Consumer.
1.5. Each and every purchase of Products is regulated by the version of the Conditions of Sale that is published on the Site at the time the order is transmitted by the Consumer.
1.6. The e-commerce section of the Site is dedicated to the retail sale of the Products and as such is designed for use solely by Consumers. If You are not a Consumer or You do not wish to accept the Conditions of Sale, we invite You not to use the e-commerce section of the Site to purchase the Products. AGL reserves the right not to accept and/or perform purchase orders of the Products received from persons other than Consumers, as well as purchase orders of the Products that do not conform to the Conditions of Sale.
1.7. By transmitting the purchase order for the Products, the Consumer agrees that the confirmation of information concerning the transmitted order and these Conditions of Sale shall be sent to the Consumer by e-mail to the address provided by the Consumer at the time of registration on the e-commerce section of the Site or the Products’ purchase process.
1.8. In order to purchase the Products via the e-commerce section of the Site, the Consumer must be aged 18 or over and have legal capacity, which the Consumer declares to be and have. AGL reserves the right not to accept and/or perform purchase orders of the Products received from minors.
1.9. The Consumer shall be responsible for obtaining, at the Consumer’s own cost, any necessary software and/or computing and/or digital equipment and/or device and/or telecommunications’ service, including in respect of Internet connection to the Site and/or telephone costs, in accordance with the rates applied by the service provider selected by the Consumer, that are required to access the e-commerce section of the Site. In addition, the Consumer shall be responsible for the safekeeping, correct use and ensuring that no person uses the Consumer’s software and/or computing and/or digital equipment and/or device and/or telecommunications’ services to access the Site without the Consumer’s permission.
1.10. The Conditions of Sale regulate the offer and sale of the Products by AGL via the Site and do not regulate the potential offer and sale, by third parties and on third party sites, of products and/or services other than the Products that may be accessible via the Site through links or other types of connection. If the Consumer decides to purchase the products and/or services of such third parties, AGL points out that their purchase may be subject to acceptance by the Consumer of terms and conditions of sale in addition to and/or different from these Conditions of Sale.
2. Product features and availability in the various geographical areas.
2.1. Via the e-commerce section of the Site AGL offers for sale solely the Products. The Products are original and are not used. They are offered and sold through the e-commerce section of the Site with the features and qualities described therein and in accordance with the Conditions of Sale published on the Site at the time of the transmission of the order by the Consumer, with the exclusion of any other term or condition. AGL points out, however, that the images and/or graphic representations of the Products that may be viewed on the e-commerce section of the Site and/or in the Products’ information sheets may not correspond to reality as a result of the computing and/or digital equipment and/or device of the Consumer, such as the Consumer's browser or monitor, and that AGL shall not be liable for such lack of conformity.
2.2. AGL reserves the right to amend and/or update these Conditions of Sale at any time, in its own discretion, also as a consequence of amendments to applicable laws and/or regulations, with no obligation to give notice to users of the e-commerce section of the Site. Any amendments made to the Conditions of Sale shall come into force from the date of their publication on the Site and will only apply to purchases of the Products concluded from that date.
2.3. The Consumer acknowledges that the Products offered for sale via the e-commerce section of the Site are subject to availability at the time of the offer and that the categories, models, style and/or the features of the same, including prices, may be subject to changes and updates without the obligation to give prior notice. Such changes shall apply solely to orders not yet confirmed on the date of such changes. In any event, the Consumer is invited to check the availability of the Products, as well as their features and price, prior to transmission of the purchase order in accordance with article 3 below.
2.4 The Products offered for sale via the e-commerce section of the Site can only be purchased by Consumers who request their delivery in one of the countries listed on the Site as countries of destination.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The display of Products on the Site, which is not binding for AGL, constitutes a mere invitation addressed to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase of the Products via the e-commerce section of the Site does not require the prior registration of the Consumer on the e-commerce section of the Site. The registration on the e-commerce section of the Site is in any event free of charge, quick and does not entail the obligation of the Consumer to purchase one or more Products. At the time of registration, the Consumer will receive, at the e-mail address indicated by the Consumer, an e-mail confirming registration on the Site, together with a password that may be modified by accessing the area reserved to the account of the Consumer on the e-commerce section of the Site.
3.3. To conclude a purchase contract for one or more Products through the e-commerce section of the Site, the Consumer will be asked to complete a purchase order of the Products. The purchase order may be completed in Italian, English, German and French and, once it is transmitted by the Consumer to AGL via the e-commerce section of the Site, shall become a valid contractual offer subject to these Conditions of Sale, which form an integral part of said order and which the Consumer, by transmitting the order to AGL, is required to accept in their entirety and without reservation. Prior to proceeding with the purchase of the Products by transmitting the purchase order, the Consumer will be asked to carefully read these Conditions of Sale and the informative notice on the Consumer’s right to cancel, print a copy of same by using the printing command and/or store or reproduce a copy of same for the Consumer’s personal use. In addition, the Consumer will be asked to check and correct any errors in the data provided with the order.
3.4. The Consumer's purchase order is accepted by AGL by sending to the Consumer, at the e-mail address the Consumer indicated at the time of registration on the e-commerce section of the Site or the transmission of the order if the Consumer did not register on the e-commerce section of the Site, an e-mail confirming the order, containing a link to these Conditions of Sale, a summary of the order placed, inclusive of a detailed indication of the price of the Products ordered, any shipping costs and any applicable duties, as well as a description of the features of the Products ordered. The Consumer’s order, AGL's order confirmation and the Conditions of Sale applicable to the purchase contract concluded between the Parties will be archived electronically by AGL on its computing systems and the Consumer may request a copy of same by sending a request to the Customer Care by using the telephone number or the e-mail address indicated in the area reserved to the account of the Consumer (if the Consumer registered on the e-commerce section of the Site) or the telephone number or the e-mail address indicated in the order confirmation sent by AGL or the contact form available on the Contacts page of the Site.
3.4. Each purchase contract for Products shall be deemed concluded between the Parties when the Consumer receives AGL’s order confirmation by e-mail.
4. Products’ selection and purchase procedure
4.1. The Products offered for sale via the e-commerce section of the Site may be purchased by the Consumer by selecting the Products of interest and adding them to the virtual shopping cart. Once the selection of the Products is complete, to purchase the Products added to the shopping cart the Consumer will be invited to (i) register on the e-commerce section of the Site, by providing the requested data or, (ii) login, if the Consumer already registered or (iii) provide the Consumer’s data to complete the order and allow the conclusion of the purchase contract without registration on the e-commerce section of the Site. In the event the data provided by the Consumer with the order differ from the data the Consumer provided during registration on the e-commerce section of the Site, the Consumer will be asked to confirm the Consumer’s data (such as for example and without limitation: name, surname etc.), as well as the delivery address of the selected Products, the billing address and, on an optional basis, a telephone number where the Consumer can be contacted for any notice related to the purchase made. The Consumer will be shown a summary of the order to be processed, which content can be modified. Then, the Consumer will be required to carefully read and expressly accept these Conditions of Sale and the Privacy Notice by ticking the specific check box inserted in the summary of the order and, finally, confirm the order by clicking the “Place Order” button, by which the order will be effectively sent to AGL and have the effects indicated a previous article 3.3. Prior to proceeding to transmitting an order, the Consumer will also be asked to select the country and delivery options for the Products and the payment method, among those available. If the Consumer selects a method of immediate payment (at the same time of the purchase) by credit card, PayPal or real-time bank transfer, the Consumer will be required to provide the relevant data via a secure connection. AGL reserves the right to verify the personal data provided by the Consumer for accounting and administrative purposes. If payment is made by credit card, the purchase price will be debited only at the time the order confirmation is transmitted by AGL to the Consumer.
4.2. The Consumer acknowledges that the price of the Products is subject to changes and updates without the obligation of prior notice. AGL invites the Consumer to check the final price of the Products prior to transmitting the order to AGL. In the event that, during the Product selection process on the e-commerce section of the Site pursuant to article 4.1 above, the Consumer notes that the price of one or more Products the Consumer intends to select for purchase is evidently lower than the standard applicable price, net of any discounts and/or promotions applicable at that time, by reason of an evident technical problem that occurred on the e-commerce section of the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Customer Care by using the telephone number or the e-mail address indicated in the area reserved to the account of the Consumer (if the Consumer registered on the e-commerce section of the Site) or the telephone number or the e-mail address indicated in the order confirmation sent by AGL or the contact form available on the Contacts page of the Site.
5. Delivery and acceptance of Products
5.1. The Site indicates the availability of the Products and the times of their delivery. However, such information is to be intended as purely indicative and not binding for AGL.
5.2. AGL undertakes to do everything within its power to comply with the delivery times indicated on the e-commerce section of the Site and, in any event, to effectuate delivery within 30 (thirty) days from the day following the date at which AGL confirmed the Consumer’s purchase order, unless AGL notifies the Consumer, within the same deadline, that delivery of the Products is not possible by reason of their unavailability, even temporary. In such event, AGL shall reimburse to the Consumer the amount paid for the purchased Products in accordance with article 10.5 below.
5.3. If the consumer selected the bank transfer payment method, the delivery time shall commence on the date of receipt by AGL of the amount transferred.
5.3. Delivery of the Products ordered by the Consumer shall be made in accordance with the modality selected by the Consumer among those available and indicated on the Site at the time of transmission of the order. The Consumer undertakes to check, promptly and within the shortest possible time, that the delivery the Consumer received includes all and only the purchased Products and to promptly notify AGL of any defective Products received or any discrepancy between the Products received and those that were ordered, in accordance with the procedure of article 8 below. In the event of failure by the Consumer to so notify, the Products shall be deemed accepted by the Consumer.
5.4. In the event that the packaging or boxing of the Products as ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept delivery from the carrier/courier or accept the delivery “with reservation of rights”.
6. Price, shipping costs, duties, taxes and burdens
6.1. The price of the Products is that indicated in the order transmitted by the Consumer, as confirmed by the e-mail order confirmation transmitted by AGL to the Consumer. Said price is inclusive of the standard packaging costs, VAT and/or other taxes on sale (where applicable), shipping costs and, unless it is otherwise indicated in pursuance of article 6.3 below, customs duties and/or other taxes and burdens (where applicable).
6.2. The Consumer shall pay to AGL the price of the Products, inclusive of the items indicated at previous article 6.1., as summarized in the order transmitted by the Consumer and the e-mail order confirmation sent by AGL to the Consumer.
6.3. Without prejudice to the foregoing, if the Products are to be delivered in certain countries that are not members of the European Union, the price of the Products indicated in the order and confirmed in the order confirmation may not include customs duties and/or other similar taxes and duties as applicable in the said countries, which duties, taxes and burdens the Consumer undertakes to pay, in addition to the price of the Products and if due, in accordance with the laws and regulations of the said countries. The Consumer residing or wishing to have the Products delivered in the said countries is invited to seek to obtain information from such countries’ competent authorities on any customs duties and/or other taxes and burdens that may apply to the delivery of the purchased Products.
6.4. Applicable customs duties and/or similar taxes and/or burdens under article 6.3. above shall be paid solely by the Consumer.
6.5. The Consumer declares that the Consumer’s lack of knowledge, at the time of transmission to AGL of an order, of any applicable customs duties and/or taxes and/or burdens under article 6.3 above shall not constitute a reason for termination of the purchase contract and the said customs duties and/or taxes and/or burdens shall in no event be required to be paid by AGL.
6.6. Finally, the Consumer acknowledges that in the event of the Consumer’s refusal of the Products or non-delivery of same for reasons attributable to the Consumer or their recipient (such as the incorrect address and/or telephone number of the recipient, the repeated absence of the recipient, etc.) AGL may retain the Products and charge the Consumer an amount covering their shipping costs, the costs of their return and any paid custom duties, taxes and burdens. The Consumer will thus be reimbursed solely of the paid price of the Products after deduction of the said amount.
7. Payments
7.1. Payment of the total price of the Products purchased via the e-commerce section of the Site shall be made by the Consumer within the essential term of 10 (ten) days from the date of transmission of the e-mail order confirmation by AGL to the Consumer. The Consumer expressly agrees that performance of the purchase contract by AGL will commence at the time the price of the purchased Product/s is credited onto AGL’s bank account.
7.2. Payment may be made by credit card, PayPal or immediate bank transfer, in accordance with the following conditions. AGL may also allow other payment methods by indicating them in the payment section on the e-commerce section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the data of the Consumer’s credit card data will be communicated directly to Adyen N.V., with registered offices at 6-50, Simon Carmiggeltstraat, 1011 DJ Amsterdam, The Netherlands, registered with the National Register of The Netherlands under no. 34259528, the operator that handles payments on behalf of AGL. The data inserted by the Consumer will be sent securely, using a PCI DSS encrypted file transfer system. Such data may not be accessed by AGL.
7.4. If payment is made by immediate bank transfer to AGL, the Consumer will be required to insert in the bank transfer order the SWIFT and IBAN codes indicated in the order confirmation, together with the order number.
7.5. If you buy with Scalapay, you suddenly receive your order and pay for it in three instalments. You acknowledge that the instalments will be transferred to Incremento SPV S.r.l, to related subjects and to their assignees and that you authorize this transfer.
7.6. If required and in accordance with the modalities provided by applicable laws and/or regulations, AGL will promptly transmit to the Consumer the tax receipt or the invoice concerning the purchase of the Products made by the Consumer, in electronic format and by e-mail to the address provided by the Consumer or in paper format together with the purchased Products.
8. Legal guarantees of conformity, reporting of non-conformity and interventions under warranty.
8.1. In pursuance of European Directive 44/99/CE (as implemented in Italy) and Italian Legislative Decree No. 206/2005 (hereafter the “Consumer Code”), AGL guarantees to the Consumer that the purchased Products will be free from defects in their manufacturing or materials and conform to the descriptions published on the e-commerce section of the Site (without prejudice to the provision of article 2 above) for a period of 2 (two) years from the date of delivery of the Products to the Consumer. No warranty shall apply in the event the Products have been used or washed in a manner that does not conform to proper usage and washing of the Product and/or the instructions and/or warnings on the matter provided by AGL or displayed on the relevant illustrative documentation, tags or labels.
8.2. Subject to forfeiture of the guarantees, the Consumer is required to report any defects and non-conformity of the Products within 2 (two) months from their discovery, by contacting the Customer Care. If the Consumer registered on the e-commerce section of the Site, the Consumer may access the area reserved to the Consumer’s account, select the purchase order concerning the Product to be reported and proceed to request the Product to be returned, by indicating as the reason for such return the Product’s detected defect and/or non-conformity. If the Consumer did not register on the e-commerce section of the Site, the Consumer may contact the Customer Car by using the e-mail address indicated in the order confirmation or the e-mail address or the contact form available on the Contacts page of the Site and proceed to request the Product to be returned, by indicating as the reason for such return the Product’s detected defect and/or non-conformity.
8.3. Upon receipt of the return request, the Customer Care will send to the Consumer, at the e-mail indicated by the Consumer, the instructions and indications to return the Product reported as defective or lacking conformity and obtain its replacement or the reimbursement of its price. The instructions and indications sent by the Customer Care to the Consumer may include the request that the Consumer provides documentation concerning the Product reported as defective or lacking conformity, such as photographs of the same or the tax documentation the Consumer received at the time of its delivery. Upon receipt of such documentation, AGL shall assess the defects and non-conformity of the Product as reported by the Consumer and, after having carried out the appropriate quality checks to verify the effective defectiveness and/or non-conformity of the Product, decide on authorizing its return. In the event it authorizes the Product’s return, AGL shall send to the Consumer, via its Customer Care and at the e-mail address indicated by the Consumer, a notice authorizing the return of the Product containing a return code. AGL’s authorization to return the Products reported as defective and/or lacking conformity by the Consumer shall in no event constitute acknowledgement of the reported defect or non-conformity, which real existence will be assessed after the Products have been returned. The Products that AGL authorizes to be returned shall be returned by the Consumer, together with a copy of the notice of authorization to return them indicating the return code, within 30 (thirty) days from the date of receipt of the said notice, to the following address: Attilio Giusti Leombruni S.p.A., 1, Viale B. Craxi 1, 63812 Montegranaro (FM), Italy.
8.4. In case of defectiveness or non-conformity of the purchased Products as assessed in accordance with previous article 8.3, the Consumer shall have the right to the restoration by AGL of the conformity of the Product, by its repair or replacement, or the alternative remedies expressly provided by article 130 of the Consumer Code. If AGL undertakes to reimburse the price paid by the Consumer, such reimbursement will be made, where possible, by means of the same payment method used by the Consumer at the time of the purchase of the Product or by bank transfer. The Consumer will be responsible for notifying to AGL, at the time of the Consumer’s return request, the bank details to effectuate the transfer payment in the Consumer’s favour and to allow AGL to reimburse the due amount.
9. Liability for damages caused by defective Products
The provisions of EC Directive 85/374/CEE and the Consumer Code shall apply to any damages caused by defective Products.
10. Right to cancel
10.1. Subject to the exceptions provided by article 59 of the Consumer Code, the Consumer shall have the right to cancel any purchase contract concluded pursuant to these Conditions of Sale without the obligation to provide a reason and incurring any penalty, within 14 (fourteen) days from (i) the date of delivery of the Product or (ii) in the event of purchase of several Products with a single order that are delivered separately, from the date of delivery of the last Product.
10.2. To exercise the right to cancel, the Consumer shall notify the Customer Care, prior to the expiry of the deadline indicated at article 10.1 above, of the Consumer’s decision. If the Consumer registered on the e-commerce section of the Site, the Consumer may access the area reserved to the Consumer’s account, select the purchase order concerning the purchased Product and proceed to request the Product to be returned, by indicating as the reason for such return the Consumer’s right to cancel. If the Consumer did not register on the e-commerce section of the Site, the Consumer may contact the Customer Car by using the e-mail address indicated in the order confirmation or the e-mail address or the contact form available on the Contacts page of the Site and proceed to request the Product to be returned, by indicating as the reason for such return the Consumer’s right to cancel.
10.3. Following performance of the terms of article 10.2 above, the Consumer will receive from the Customer Care an e-mail confirming the Consumer’s exercise of the right to cancel, containing, if the Consumer has in the meantime received the purchased Product, the instructions for the return of the Product, the booking and collection of same by AGL’s courier and the indication of the documentation to be provided to the latter, together with the Product to be returned to AGL. Additional detailed information may be accessed on the page Returns and Reimbursements of the Site.
10.4. If the Consumer received the Product, the Consumer is required to return it to the courier indicated by the Customer Care without undue delay and, in any event, within 14 (fourteen) days from the date the Consumer notified the decision to cancel. Unless it is provided otherwise for certain countries of destination of the Products that are not members of the European Union, the return of the Products as a consequence of the exercise of the right to cancel by the Consumer is free of charge and, once the Product to be returned is delivered to the cited courier, all shipping risks and costs of returning the Product to AGL shall be borne by AGL.
10.5. In the event of exercise by the Consumer of the right to cancel in pursuance of this article 10, the Consumer shall be reimbursed for the payments made, inclusive of applied shipping costs, but exclusive of any additional shipping costs deriving from the choice of a type of delivery other than the less expensive type of standard delivery offered and any customs duties, similar taxes and burdens as regulated by previous article 6.3, without undue delay and, in any event, no later than 14 (fourteen) days from the date of exercise of the right to cancel, unless AGL shall have the right to suspend reimbursement, in pursuance of article 56 of the Consumer Code, until effective receipt of the returned Products. Reimbursement shall be effected by using the same method of payment used by the Consumer to purchase the Products, unless the Consumer requests reimbursement via a different method of payment. In such event the Consumer will be charged for any additional costs deriving from the choice of such different method of payment.
10.6. The Consumer shall be liable for any diminished value of the Products resulting from the use and/or manipulation of same other than that is necessary to establish their nature, features and functioning. Accordingly, if the Products returned after exercise of the right to cancel are found to be damaged (for example they evidence usage, abrasion, nicks, scratches, deformation, etc.), incomplete in all their elements or accessories (including unaltered tags or labels, attached to the Products), unaccompanied by the instructions/notes/manuals supplied, their original packaging and boxing and the original warranty certificate, if any, the Customer shall be liable for the decreased value of the returned Product and be entitled to receive the reimbursement of an amount equal to the residual value of the Product. To this end, the Consumer is invited not to use nor manipulate the Product beyond what is strictly necessary to establish the nature, features and functioning of same and to protect the original packaging of the Products with an additional protective packaging that preserves its integrity and protects it prior to its delivery to AGL’s courier.
11. Intellectual Property Rights
11.1. The Consumer declares and acknowledges that all industrial and/or intellectual property rights and/or rights of economic exploitation in and to all or part of the Site, including without limitation the content, information, products or services rendered available via the Site, are and shall remain reserved and exclusively vested in and/or otherwise available to AGL, for the world and universe and for the full period of protection (including renewals, extensions and, thereafter if permitted by applicable laws and/o regulations, in perpetuity), in any form, format, manner, by any means and/or onto any media.
Consequently, the Consumer acknowledges and agrees that the said rights shall cover (i) each and every trademark, logo, title, company name, domain name, distinctive sign, product name, whether registered or unregistered, of AGL that is contained in the Site, (ii) each and every product of AGL and/or the related design, model, whether registered or unregistered, that is reproduced on the Site (iii) each and every textual, visual, audio, audio-visual content and/or material of the Site, including without limitation graphic designs and layouts, informative and/or editorial content, images, photographs, music, videos.
Nothing contained in the Conditions of Use and/or Conditions of Sale and/or Privacy Notice shall have the effect of transferring, licensing and/or otherwise dealing with the said rights in favour of the Consumer and/or any third party. The Consumer undertakes not to do nor omit any act that does not conform to or may otherwise prejudice the rights above indicated.
The Consumer may not directly use or authorize any third party to use the Site for any unlawful purpose and/or in violation of any laws, regulations and/or the rights of any third party and/or the Conditions of Use and/or Conditions of Sale, nor store, copy, reproduce, upload, publish, distribute, broadcast, transmit, communicate, make available to the public, modify, adapt, translate, encode, or otherwise use all or part of the Site, including without limitation the content, information, products and services rendered available via the Site (such as for example all content of the Site), in any form, format or manner, by any means and/or onto any media, including without limitation by means of software and/or computing and/or digital devices and/or equipment and/or media and/or telecommunications’ services.
12. Consumer’s data and privacy protection
12.1. In order to proceed with registration on the e-commerce section of the Site, transmit an order and then conclude the purchase contract in accordance with these Conditions of Sale, the Consumer is required to provide certain personal data. The Consumer hereby acknowledges that the personal data provided by the Consumer will be processed by AGL in accordance with and subject to the provisions of EU Regulation 2016/679 and Italian Legislative Decree no. 196/2003 (the “Privacy Code”) and the Privacy Notice, for the purposes of performance of each purchase contract and, subject to the Consumer’s prior consent, if required, for any other purposes indicated in the Privacy Notice.
12.2. The Consumer declares and warrants that in providing personal data to AGL the Consumer shall comply with all applicable laws and regulations, notably by providing true and correct data and the Consumer shall be liable for the usage of data and/or information that are false, incorrect and/or concerning third parties without their consent.
12.3. The Consumer may at any time update and/or amend the personal data provided to AGL via the registration on the e-commerce section of the Site, by accessing the area reserved to the account of the Consumer, after logging in.
12.4. For any further information on the modalities of processing of the Consumer’s personal data, the Consumer is invited to access the Privacy Notice.
13. Security
13.1. Although AGL takes measures to protect personal data from their loss, falsification, manipulation and improper use by third parties, by reason of the characteristics and technical limitations concerning the protection of electronic communications via the Internet, AGL cannot warrant that the information or data viewed by the Consumer through the e-commerce section of the Site, even after the Consumer proceeded to log-in to the area reserved to the Consumer’s account, will not be accessible or viewable by unauthorised third parties.
13.2. In connection with data of payments made by credit card, AGL uses the services of Adyen N.V, as better identified at previous article 7.3, who uses technological systems that are able to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of data over the web.
14. Applicable law, settlements and jurisdiction
14.1. The Conditions of Sale and any purchase contract concluded between AGL and the Consumer under these Conditions of Sale shall be governed and construed in accordance with the laws of Italy and, in particular, the Consumer Code, with specific reference to the provisions on the matter of distance contracts, and Italian Legislative Decree no. 70/2003 on certain aspects concerning electronic commerce. In any event, any rights granted to Consumers by mandatory provisions of law in force in the Consumer's country of residence shall not be prejudiced.
14.2. In the event of a dispute between the Seller and the Consumer, the Seller hereby warrants that it shall participate to the attempt to reach an amicable settlement which a Consumer can request before RisolviOnline, an institutional and independent service provided by the Board of Arbitration of the Chamber of Commerce of Milan, Italy, which offers the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3 In the event of a dispute between AGL and a Consumer concerning the purchase of Products via the e-commerce section of the Site, the Consumer shall have the right to access platforms of ADR (Alternative Dispute Resolution) organizations for the alternative resolution of such dispute and, in particular, the European ODR (Online Dispute Resolution) platform (the “European ODR Platform”). The European ODR Platform was developed and is managed by the European Commission in accordance with Directive 2013/11/EU and EU Regulation no. 524/2013, with the aim of facilitating independent, impartial, transparent, efficient, rapid and equitable out-of-court resolutions to disputes concerning contractual obligations deriving from on-line sale contracts between a Consumer residing in the European Union and a trader established in the European Union, by means of the intervention of an ADR (Alternative Dispute Resolution) organization adhering to such platform, which may be selected from a list available on the platform. For further information on the European ODR Platform, or to start, through it, a procedure of alternative resolution of a dispute concerning a purchase contract concluded pursuant to these Conditions of Sale, the Consumer may use the following link: http://ec.europa.eu/odr. AGL’s email address to be indicated on the European ODR Platform is: customerservice@agl.com.
14.4. If the Consumer does not wish to attempt a dispute resolution by means of the European ODR Platform or the said attempt is unsuccessful, the dispute between AGL and the Consumer shall fall under the exclusive jurisdiction of the court of the Consumer's residence or domicile or, in the event the action is started by the Consumer and alternatively, the Tribunal of Fermo, Italy.
15. Language of the Conditions of Sale
These Conditions of Sale are published on the Site in Italian, English, German and French. In the event of discrepancy between the Italian version and any other versions, the Consumer agrees that the Italian version of the Conditions of Sale shall prevail.